H.P. Judicial Service (Junior Division) Exam. 2011

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PAPER I CIVIL LAW-I

1. The provisions regarding ‘specific performance of part of contract’ are contained under the Specific Relief Act, in:

(A) Section 11

(B) Section 12

(D) Section 14

2. Section 26 of the Specific Relief Act contains the provision regarding:

(A) Declaratory Decrees

(B) Mandatory Injunction

(D) Rescission of contracts

3. Which Section of the Specific Relief Act deals about ‘contracts not specifically enforceable’?

(A) Section 9

(B) Section 14

(D) Section 16

4. The word expression used but not defined in the Specific Relief Act, 1963 have the same meaning as:

(A) defined in the Indian Contract Act, 1872, it defined in that Act

(B) defined in the Transfer of Property Act, 1882, it defined in that Act

(D) defined in the Indian Evidence Act, 1872, if defined in that Act

5. Under which provision of the Code of Civil Procedure, the parties can be struck out, added or substituted?

(A) Order !, Rule 1

(B) Order 1, Rule 10

(D) Order 1, Rule 9

6. Which of the following Sections, the provision has been made for settlement of disputes outside the Court through ‘arbitration’, ‘conciliation’, ‘mediation’ and ‘lokadalats by the Code of Civil Procedure (Amendment) Act, 1999?

(A) Section 87

(B) Section 88

(D) Section 90

7. The essential elements of a decree:

(A) these must be an adjudication

(B) the determination must be of a conclusive nature

(D) all of the above

8. The provisions relating to the summoning and attendance of witnesses are under:

(A) Order 16 of the Code of Civil Procedure

(B) Order 17 of the Code of Civil Procedure

(D) Order 19 of the Code of Civil Procedure

9. ‘The ‘plaint’ should be filed in duplicate’, this rule was inserted by:

(A) Code of Civil Procedure (Amendment) Act, 1976

(B) Code of Civil Procedure (Amendment) Act, 1999

(D) None of the above

10. The rule of ‘res-judicata’ is not applicable in the writ of:

(A) Quo-warranto

(B) Prohibition

(D) Mandamus

11. An ‘order’ which is not a ‘Decree’?

(A) An order refusing stay

(B) An order passed in execution proceedings

(D) All of the above

12. Which Section of the Code of Civil Procedure provides that the objections as to the territorial and pecuniary jurisdiction must be raised at the first opportunity?

(A) Section 19

(B) Section 20

(D) Section 22

13. Section 96(4) of the Code of Civil Procedure inserted by the Code of Civil Procedure (Amendment) Act, 1976, bars:

(A) appeal against consent decree

(B) appeal in petty cases

(D) appeal against findings

14. A ‘caveat’ lodged under sub-section (1) of Section 148A will remain in force for:

(A) 30 days

(B) 60 days

(D) 180 days

15. The ‘doctrine of restitution’ is based upon the maxim:

(A) actus incumbit onus probandi

(B) actus curi ae neminem gravavit

(D) actus non-facit reum nisi mens sit rea

16. Which provision of the Code of Civil Procedure provides that a person may sue or defend on behalf of all in same interest?'

(A) Order 1, Rule 1

(B) Order 1, Rule 2

(D) Order 1, Rule 9

17. Which provision of the Code of Civil Procedure deals with the consequences of disobedience of an injunction granted by the court?

(A) Order 39, Rule 1

(B) Order 39, Rule 2A

(D) Order 39, Rule 3

18. The material facts, on which a party relies, are:

(A) facta probanda

(B) facta probantia

(D) none of these

19. The court do not have inherent power to:

(A) set aside an ex parte decree

(B) consolidate suit and appeals

(D) all of the above

20. Section 11 of the Code of Civil Procedure contains:

(A) Five Explanations

(B) Six Explanations

(D) Eight Explanations

21. The ‘draft bill’ of the Indian Evidence Act, 1872 was prepared by:

(A) Sir James Stiphen

(B) Sir Charles Turner

(D) Mr. Whitley Stokes

22. The Indian Evidence Act, 1872, does not apply to:

(A) proceedings before arbitrators

(B) departmental proceedings

(D) all of the above

23. Many rules of ‘Law of Evidence’ are contained in:

(A) Code of Criminal Procedure, 1973

(B) Indian Limitation Act, 1963

(D) All of the above

24. Electronics records produced before the court are:

(A) oral evidence

(B) documentary evidence

(D) technical evidence

25. Which of the following Sections was not inserted in the Indian Evidence Act by the Information Technology Act, 2000?

(A) Section 22A

(B) Section 67A

(D) Section 114A

26. Under the Indian Evidence Act, ‘evidence’ does not include:

(A) identification proceedings

(B) condition of witness at the time of giving evidence

(D) all of the above

27. Appreciation of evidence is a:

(A) question of fact

(B) question of law

(D) all of the above

28. Under the Indian Evidence Act, the evidence may be given in all cases about:

(A) facts in issue only

(B) relevant facts only

(D) none of the above

29. Which Section of the Indian Evidence Act provides that the admission can be proved by or on behalf of the person who makes admission?

(A) Section 17

(B) Section 18

(D) Section 22

30. The constitutionality of which Section of the Indian Evidence Act was challenged in “State of U.P. v. Deoman Upadhyaya” for the violation of Article 14 of the Constitution?

(A) Section 25

(B) Section 26

(D) Section 28

31. Exceptions to the ‘hearsay rule’ are provided in the Indian Evidence Act under:

(A) Section 17 and Section 18

(B) Section 32 and Section 33

(D) Section 36 and Section 37

32. Section 106 of the Indian Evidence Act is based on the principle of:

( A) res gestae

(B) res ipsa loquitur

(D) none of these

33. Which Section of the Indian Evidence Act is based on the maxim “Salus populist sum rema lex”?

(A) Section 123

(B) Section 118

(D) Section 130

34. Where the handwriting of a teacher is in question the opinion of his principal may be relevant under which Section of the Indian Evidence Act?

(A) Section 47

(B) Section 48

(D) Section 50

35. Admissions are not conclusive proof of the matters admitted but they may operate as:

(Al res judicata

(B) estoppels

(D) all of these

36. The criteria for ‘res gestae’:

(A) proximity of time and place

(B) comnaunity of purpose

(D) all of the above

37. Under Section 14 of the Himachal Pradesh Court Act, 1976, the High Court may authorize any Civil Judge to take cognizance of proceeding under:

(A) The Indian Succession Act, 1925

(B) The Guardians and Wards Act, 1890

(D) All of the above

38. Under Section 17 of the Himacal Pradesh Court Act, 1976 who is empowered to distribute the civil business?

(A) District Judge

(B) Civil Judge

(D) State Government

39. Under the Indian Stamp Act, 1899, ‘executed’ and ‘execution’ used with reference to instruments means:

(A) signed

(B) signature

(D) none of these

40. Under the Indian Stamp Act, 1899, the expenses of providing proper stamp in case of ‘Administration Bonds’ shall be borne by:

(A) the person drawing such instrument

(B) the person making such instrument

(D) all of the above

41. Duty under the Indian Stamp Act, 1899, in the case of ‘conveyance’ is payable by:

(A) the grantee

(B) the grantor

(D) none of these

42. Provisions regarding ‘Adjudication as the proper stamp’ are contained under the Indian Stamp Act, 1899 in:

(A) Section 28

(B) Section 29

(D) Section 30

43. Who makes rules to carry out generally the purposes of the Indian Stamp Act, 1899?

(A) Central Government

(B) State Government

(D) Supreme Court

44. Section 72 of the Indian Stamp Act, 1899 contains the provision regardind:

(A) place of trial

(B) penalty for post dating bills

(D) penalty for breach of rule relating to sale of stamps

45. All instruments chargeable with duty and executed by any person in India shall be stamped:

(A) before execution only

(B) at the time of execution only

(D) none of the above

46. All duties and penalties under the Chapter IV of the Indian Stamp Act, 1899 may be recovered by:

(A) TheCollector

(B) The State Government

(D) None of these

47. Specific relief under the Specific Relief Act, 1963 can be granted for enforcing:

(A) only individual civil rights

(B) individual and public civil rights

(D) all of the above

48. An injunction under the Specific Relief Act can be granted to restrain:

(A) the theft

(B) the murder

(D) none of the above

49. Under Section 7 of the Specific Relief Act, the recovery of the movable property can be made by:

(A) finder of the movable property

(B) buyer of the movable property

(D) all of the above

50. Under Section 15 of the Specific Relief Act, the specific performance of a contract may be obtained by:

(A) any party of the contract

(B) the representative in interest of any party of the contract

(D) all of the above

PAPER-II CIVIL LAW-II

1. In Modern Hindu Law, Marriage has become:

(A) Monogamous

(B) Indissoluble Union

(D) Contract

2. Who is not a class their under Hindu Succession Act?

(A) Mother

(B) Father

(D) Wife

3. Coparcenary property is known as:

(A) Joint family property

(B) Self acquired property

(D) None of these

4. Under Hindu Marriage Act, ‘Condonation’ applies to the matrimonial offence of;

(A) Adultery

(B) Cruelty

(D) Both (A) and (B)

5. Which of the following theories is the outcome of a fundamental shift in the policy discernible from the judicial recognition of the view that the purpose of divorce law was not to punish the guilty but to protect the innocent spouse:

(A) Fault theory

(B) Consent theory

(D) Both (B) and (C)

6. A married male can adopt:

(A) Only with his wife's’consent

(B) Only with his wife's consent, when she is living with him

(IV) If marriage is void, the wife's consent is not necessary

(V) In the case of voidable marriage, the Wife's consent is necessary

(A) (I), (III), (IV) and (V)

(B) (II), (III), (IV) and (V)

(D) (II), (III), and (IV)

7. The Supreme Court has recently held in which of the following cases, that under certain Circumstances, even when the father is alive, mother can act as a natural guardian:

(A) Vandana . Shiva, v. Jayanata Bandhopadhya

(B) Narayan v. Sapurna

(D) Both (A) and (C)

8. The Hindu Marriage Act, 1955 contains the minimum period of desertion for filing a suit for judicial separation:

(A) Three years

(B) Five years

(D) Seven years

9. The doctrine of relation back was explained in:

(A) Raghvamma v. Chenchamma

(B) Pedasubhayya v. Akkamma

(D) Gurupad v. Hirabai

10. A Hindu widow could be divested of her property inherited by her from her husband if she:

(A) Becomes unchaste

(B) Re-marries

(D) None of these

11. Provisions of Section 3 of the Limitation Act, 1963 are:

(A) Mandatory

(B) Directory

(D) Optional

12. The Limitation Act brought into force in:

(A) 1964

(B) 1963

(D) 1967

13. Bar of Limitation Act applied to:

(A) Appeal

(B) Suit

(D) All of the above

14. In computing the period of limitation for an appeal:

(A) The day on which judgement pronounced shall be included

(B) The day on which judgement pronounced shall be excluded

(D) The time taken for preparing the decree be included

15.- Delay in filing the suit:

(A) Can not be condoned

(B) Can be condoned under Section 3 of the Limitation Act, 1963

(D) Can be condoned under Section 5 of the' Limitation Act, 1963

16. The Fraud contemplated by Section 17 of the Limitation Act, 1963 is that of:

(A) The Plaintiff

(B) The defendant

(D) Both (A) and (C)

17. Period during which proceedings stand stayed by an injunction or order is excluded:

(A) Under Section 14 of the Limitation Act, 1963

(B) Under Section 15 of the Limitation Act, 1963

(D) Under Section 13 of the Limitation Act, 1963

18. Under Section 25 of the Limitation Act, 1963 the easement rights over the property belonging to the court are acquired by continuous and uninterrupted user:

(A) For 12 years

(B) For 20 years

(D) For 60 years

19. Under Section 19 of the Limitation Act, 1963, the part payment extends the period of limitation:

(A) From the date of expiry of initial period of limitation

(B) From the date of the waiting evidencing payment

(D) From the date of payment

20. The period of limitation for a review of the Judgement is:

(A) 60 days

(B) 90 days

(D) 180 days

21. The expression “appointed day” for the purpose of the Himachal Pradesh Urban Rent Control Act, 1987 is:

(A) 17th November, 1971

(B) 18th August, 1987

(D) None of these

22. The term “building” under the Himachal Pradesh Urban Rent Control Act, 198, does not include:

(A) A hotel

(B) Godowns

(D) Land

23. Fair rent of a building or rented land, under the Himachal Pradesh Urban Rent Control Act, 1987, is determined by the Rent Controller:

(A) Taking into consideration the rent prevailing in the locality for similar building or rented land during specified period

(B) Taking into Consideration the rent agreed upon between the landlord and the tenant

(D) Either (A) or (B) or (C) with reference to the particular line

24. Provisions as to eviction of tenants, under the Himachal Pradesh Urban Rent Control Act, 1987, are described in:

(A) Section 12

(B) Section 13

(D) Section 18

25. Which building are exempted under the Himachal Pradesh Rent Control Act 1987?

(A) The State Government may direct that all or any provision of this Act shall not apply to any particular building, rented land or any class of building or rented land

(B) The Centre Government may direct that all or any provisions of this act shall not apply to any particular building, rented land or any class of building or rented land

(D) Rented land owned by the multinational company

26. In what cases increase in fair rent is not admissible?

(A) Addition

(B) Improvement

(D) None of these

27. No person shall convert a residential building into a non-residential building except with the Permission of the:

(A) Prescribed Authority

(B) Civil Judge

(D) Controller

28. Which one of the following is nofthe ground of eviction of tenant by the landlord?

(A) The tenant has not paid the rent within 15 days after the expiry of the time fixed in the agreement of tenancy

(B) The tenant has committed such acts as are likely to impair materially the value of the building

(C) That the tenant has been guilty of such acts and conduct as are nuisance to the occupiers of the building in the neighbourhood

(D) That the tenant has ceased to occupy the building or rented land for a period of 6 months without reasonable cause

29. Under Section 14(1)(C), the following is not the ground available to the landlord to seek eviction of the tenant:

(A) To carry out building work at the instance of Government

(B) If it has become unsafe or unfit for animal habitation

(D) That the building is required bonafide by him for the purpose of re-building which cannot be carried without the building is vacated

30. The deposit under Section 21 shall not be accompanied by an application by the tenant containing the following particulars:

(A) The name and address of the tenant or persons claiming to be tenants

(B) The building or rented land for which the rent is deposit with a description sufficient for identifying the building or rented land

(D) The name and address of the landlord or persons claiming to be entitled to such rent

31. Under the Transfer of Property Act, 1882 where a writing is not expressly required by law:

(A) a transfer of parties may be made without writing in every case

(B) a transfer of property is subject to only writing

(D) none, of the above

32. ‘Spes successions’ means:

(A) Chances of succeeding to hereditary property

(B) Chances of succeeding to property of another

(D) None of the above

33. ‘A’ by a settlement deed transfers property to ‘P’ for life, then to ‘S’. ‘S’ dies before ‘P’ dies. On the death ‘P’ the heir of ‘S’ claims the property. Is the claim valid?

(A) Valid, since 'S' interest is heritable

(B) Invalid, since 'S' interest is contingent

(D) None of the above

34. Nemo dat quod non habet (no man can confer a better title than that which he himself has) is an established principle of:

(A) Rule of transfer of property

(B) Rule of Law of Torts .

(D) Rule of contract

35. The doctrine of ‘Lis pendens’ applicable:

(A) During the pendency of the proceeding

(B) After filing the suit

(D) After filing of the suit

36. The transfer of right to enjoyment of property for certain time is in consideration of price paid or promised to pay is called:

(A) Mortgage

(B) Lease

(D) None of these

37. Actionable claims are:

(A) Share in a company

(B) Claim to copyright

(D) None of these

38. Section 41 of the Transfer of the Property Act, 1882 applies to voluntary transfer and has no application to:

(A) Court sale

(B) Contingent sale

(D) Priceless sale

39. In case of usufructuary mortgage, the mortgage is placed in possession and has a right to enjoy the rents and profits:

(A) Until the debt is paid

(B) Till the contract is rescinded

(D) None of the above

40. In case of Mortgaged lease, if the mortgage obtains a renewal of the lease, the mortgagor upon redemption:

(A) Shall not have the benefit of new lease

(B) Shall have the benefit of new lease

(D) None of the above

41. Which Jurist has said “Contract is not joke of leisure time”?

(A) Anson

(B) Chesire

(D) Lord Atkin

42. If a proposal has been accepted subject to certain conditions, then:

(A) The Contract is valid and conditions are binding

(B) The contract is voidable

(D) The contract is not constituted at all

43. In Carlil v. Carbolic Smoke Ball Co. the definition of “Wagering Agreement” was given by:

(A) Justice Bowen

(B) Justice Hawkins

(D) Lord Selbome

44. Which one of the following Sections of Indian Contract Act provides for the liability for necessary supplied to persons incompetent to contract?

(A) Section 11

(B) Section 63

(D) Section 25(1)

45. Match List I with List II and select the correct answer using the codes given below the lists:

List I List II

(a) Invitation to offer (1) Upton Rural District Council v. Powell

(b) Anticipatory breach (2) Hochester v. De La Tour

(d) Implied contract (4) Leslie (R) Ltd. v. Sheiil

Codes:

(a) (b) (c) (d)

(A) (3) (2) (4) (1)

(B) (4) (2) (3) (1)

(D) (2) (3) (1) (4)

46. Which of the following cases is related to cross offer?

(A) Adams v. Lindsell

(B) Tinn v. Hoffmann & Co.

(D) Dunlop y. Higgins

47. A and B agree that A shall pay B Rs. 500 for which B shall afterwards deliver to A one quintal wheat or a smuggled pistol. Decide:

(A) The whole agreement is void

(B) The whole agreement is valid

(D) The agreement to deliver wheat is valid but the agreement is void as to the pistol

48. A Guru (Spiritual Advisor) induced the Chela (his devotee) to gift him the whole of his property to secure benefit to his soul in the next world. The gift shall be:

(A) void

(B) voidable

(D) immoral

49. Which one of the following essentials of contract does not find place in the Indian Contract Act, 1872?

(A) Competency of Parties

(B) Real consideration

(D) Lawful object

50. Assertion (A): A' supplies necessary necessities to ‘B’, a minor. ‘A’ can recover the payment from the estate of ‘B’.

Reason (R): An agreement with a minor is void ab initio

Codes:

(A) Both (A) and (R) are ture and (R) is the correct explanation of (A)

(B) Both (A) and (R) are true, but (R) is not the correct explanation of (A)

(D) (A) is false but (R) is true

PAPER-III CRIMINAL LAW

1. Which one of the following court is empowered to try the offence relating to dishonour of cheque for insufficiency etc. under the Negotiable Instrument Act, 1881?

(A) Judicial Magistrate the Second Class

(B) Judcial Magistrate the First Class

(D) None of the above

2. Power of the Court to try cases summarily given under Section:

(A) 143 of the Negotiable Instrument Act

(B) 142 of the Negotiable Instrument Act

(D) 139 of the Negotiable Instrument Act

3. Every trial under Section 143 of the Negotiable Instrument Act shall be conducted as expeditiously as possible and an endeavour shall be made to conclude the trial:

(A) within three months from the date of filing of the complaint

(B) within one months from the date of filing of the complaint

(D) within one year from the date of filing of the complaint

4. Section 141 of the Negotiable Instrument Act deals with the offences caused by the:

(A) Government Servants

(B) Individual and companies both

(D) Companies

5. Court can take cognizance of any offence punishable under Section 138 of the Negotiable Instrument Act:

(A) suo motu

(B) upon a complaint in writing, made by the payee

(D) none of the above

6. Which one of the following section provides power to State Government to declare limit of sale by retail and by wholesale, of any intoxicant?

(A) Section 4 of the Punjab Excise Act

(B) Section 7 of the Punjab Excise Act

(D) Section 5 of the Punjab Excise Act

7. Saving clause of enactments provided under chapter:

(A) I of the Punjab Excise Act

(B) II of the Punjab Excise Act

(D) IV of the Punjab Excise Act

8. Provision of an Appeal from an original or appellate order of any excise officer is made under:

(A) Section 15 of the Punjab Excise Act

(B) Section 14 of the Punjab Excise Act

(D) None of the above

9. No licensed vendor or any person on his behalf shall sell or deliver any liquor to any person who is apparently under:

(A) the age of twenty five years

(B) the age of eighteen years

(D) the age of twelve years

101 Who shall grant of licence for sale of liquor within the District?

(A) Financial Commissioner

(B) Excise Commissioner

(D) Excise Minister

11. Under the Wildlife Protection Act the term ‘wildlife’ does not includes:

(A) any animal specified in Scheduled I and IV

(B) any aquatic

(D) any land vegetation which forms part of any habitat

12. Who is Chairperson of the National Board for Wildlife under Section 5A of the Wildlife Protection Act?

(A) The President of India

(B) The Prime Minister of India

(D) The Minister in-charge of Forests and Wildlife

13. Who is empowered to grant a permit, to hunt, by an order, for the purpose of education, and scientific research etc.?

(A) The Chief Wildlife Warden.

(B) The Minister in-charge of Forest and Wildlife

(D) None of the above

14. The Chief Minister of the State is:

(A) The member of the State Board for Wildlife

(B) The Vice-Chairperson of the State Board for Wildlife

(D) The Patron of the State Board for Wildlife

15. The duty of the State Board for Wildlife to advice the State Government is given:

(A) Under Section 6 of the Wildlife Protection Act

(B) Under Section 7 of the Wildlife Protection Act

(D) Under Section 5C of the Wildlife Protection Act

16. Under which one of the following sections the Central Government may levy a duty on timber or other forest produce?

(A) Section 38 of the Indian Forest Act

(B) Section 39 of the Indian Forest Act

(D) Section 37 of the Indian Forest Act

17. Which one of the following sections empower the State Government to reserve forest?

(A) Section 3 of the Indian Forest Act

(B) Section 2 of the Indian Forest Act

(D) Section 6 of the Indian Forest Act

18. Formation of village-forest may be assigned by the:

(A) Central Government

(B) State Government

(D) None of these

19. According to the Indian Forest Act 1927, the term ‘Cattle” does not include:

(A) Elephants

(B) Colts

(D) Cows

20. The bar of accrual of forest rights mentioned:

(A) Under Section 9 of the Indian Forest Act

(B) Under Section 5 of the Indian Forest Act

(D) Under Section 7 of the Indian Forest Act

21. The Indian Penal Code, 1860 came into enforcement on:

(A) October 6,1862

(B) January 1,1862

(D) January 1,1860

22. Who are not exempted from intra-territorial Jurisdiction of the Indian Penal Code?

(A) The President of India and the Governor of States

(B) Public

(D) Alien Enemies

23. Under which one of the following Sections of the Indian Penal Code, the word ‘Offence’ has been defined:

(A) Section 39

(B) Section 41

(D) Section 40

24. The principle of criminal liability—actus non facit reum nisi mens sit rea’ was developed and adopted by:

(A) The Equity Courts

(B) The Indian Courts

(D) None of these

25. Which one of the following statements is correct?

(A) Abetment of an offence is an inchoate offence

(B) Abetment of an offence is a continuing offence

(D) Abetment of an offence is an offence depending upon circumstances of the case

26. Common intention implies:

(A) Presence of common knowledge

(B) Common object

(D) Similar intention

27. Match List I with List II and select the correct answer using the codes given below the lists:

List I List II

Liability for (1) Strict criminal the act of another liability person

(b) An unlawful act (2) No offence in itself without Criminal intention

(d) Instigating a (4) Vicarious Liability person to commit an offence

Codes:

(a) (b) (c) (d)

(A) (1) (2) (3) (4)

(B) (4) (3) (2) (1)

(D) (4) (1) (2) (3)

28. Section 84 of the Indian Penal Code is based on the:

(A) Proximity Rule

(B) Rule of Common Intention

(D) Doctrine of Transferred Malice

29. Under which one of the following cases, first time, the Supreme Court of India, has reaffirmed the distinction between culpable homicide and murder whiling adopting the view suggested in Govind case:

(A) Inder Singh v. State of PEPSU

(B) State of A.P. v. R.R. Punnayya

(D) Madhavan v. State of Kerala

30. ‘Section 309 of the Indian Penal Code deserves to be effected from the statute book: to humanize our Penal Laws. It is cruel and irrational provision and it may result in punishing a person again who had suffered agony and would be undergoing ignominy because of his failure to commit suicide.” This above dictum was laid down in:

(A) Gian Kaur v. State of Punjab

(B) Abhayanand Mishra v. State of Bihar

(D) Machhi Singh v. State of Punjab

31. A is at work with a hatchet; the head flies off and kills a man who is standing by. A has committed:

(A) an offence of murder

(B) an offence of culpable homicide not amounting to murder

(D) no offence, if there was no want of proper caution on the part of A

32. A minor girl had left the protection of her father, knowing and having capacity to know the full import of what she was doing voluntarily, joined the accused. Accused allowed the minor to accompany. Accused would be liable for:

(A) Committing an offence of kidnapping from lawful guardianship

(B) Committing an offence of Abduction

(D) Committed an offence of kidnapping beyond the limits of India

33. In which set of Sections of the Indian Penal Code even death can be caused in exercise of right to private defence of person and property?

(A) Sections 100 and 103

(B) Sections 100 and 101

(D) Sections 100 and 102

34. Which one of the following preparation is not an offence?

(A) Preparation of dacoity in a Bank

(B) To make die for counterfeiting corns

(D) Preparation for robbery of a Bank

35. A knows that B is suffering from enlarged liver. Being a doctor, A knows that if he gives a fist blow to B in that region with moderate force, it would result in rupture of B’s liver and is likely to cause his death. Knowing this, A gives B a fist blow which ruptures B’s liver and causes his death A is:

(A) guilty of culpable homicide riot amounting to murder since he knew that his act is likely to cause death

(B) guilty of some offence other than culpable homicide or murder

(D) guilty of murder since he had an intention to cause injury and also knew that it is likely to cause death of B

36. Right of private defence is:

(A) right to self-defence

(B) right to self-revenge

(D) none of these

37. ‘X’, a doctor, informs his patent ‘Y’ that he has cancer which is in its last stage. ‘X’ requests ‘Y’ to arrange his family affairs as he cannot survive for more than a couple of weeks. ‘Y’ dies because of shock on hearing this. ‘X’ is:

(A) guilty of murder as he knew that such a disclosure will cause death

(B) guilty of causing death by negligence

(D) guilty of culpable homicide not amounting to murder as he knew that such disclosure is likely to cause death

38. A thrusts his hand into the pocket of B to pick the pocket. There is nothing in his pocket. A is:

(A) guilty of no offence

(B) guilty of theft

(D) guilty of robbery

39. X for the purpose of inducing B to desist from prosecuting a civil suit, threatens to burn Y’s house. X is guilty of:

(A) Extortion

(B) Abetment

(D) Criminal Intimidation

40. Abetment of suicide of child is punishable:

(A) under Section 306, IPC

(B) under Section 305, IPC

(D) under Section 109, IPC

41. Which one of the following Sections of the Code of Criminal Procedure, 1973 authorises to any Police Officer to arrest any person without an order by a Magistrate and without a warrant?

(A) Section 42

(B) Section 44

(D) Section 41

42. Bailable offence means:

(A) Where to get bail is right

(B) Where to give bail is duty of the court

(D) None of the above

43. Point out correct statement:

(A) a private person may arrest or cause to be arrested any person who in his presence commits a noil-bailable and cognizable offence

(B) an Executive or Judicial Magistrate may himself arrest or order any person to arrest the offender when any offence is committed in his presence and within his jurisdiction

(C) any police officer may arrest any person without an order from a Magistrate and without a warrant who has been concerned in any cognizable offence'

(D) (A), (B) and (C) are correct

44. Permission to investigation into a non- cognizable offence can be granted by the:

(A) Session Judge

(B) Magistrate having power to try the case or commit to cause for trial .

(D) Chief Judicial Magistrate

45. Any Magistrate of the first class may not take cognizance of any offence:

(A) Only upon receiving a coiriplaint of facts which constitute such offence

(B) Only upon a police report of such facts

(C) Only upon information received from any person other than a police officer or upon own knowledge, that such offence has1 ?en committed

(D) Only upon oral information received, from any person other than police officer

46. Which is not content of charge?

(A) Description of family background of the accused

(B) Specific name of the offence as per the law which provides the offence

(D) Particulars of time and place of the alleged offence

47. Match List I with List II and select the correct answer using the codes given below the lists:

List I List II

(a) Joinder of charges (1) Section 200, Cr.P.C.

(b) Examination of complaint (2) Section 218, Cr.P.C.

(d) Order for main-tenance of wives. (4) Section 190, Cr.P.C. children and parents prosecution shall be conducted by:

(A) the Sessions Judge

(B) the counselor of accused

(D) none of these

49. Which one of the following offence is triable summarily?

(A) Wrongful restraint

(B) Abducting in order to murder

(D) Offences not punishable with death, imprisonment for life or imprisonment for a term excluding two years

50. Which one of the following combinations are not correctly matched?

(1) Anticipatory Bail - Section 438, Cr.P.C.

(2) Sununary Dismissal - Section 384, Cr.P.C.

(4) Compounding of of Appeal Offences - Section 320, Cr.P.C.

(3) Reference to High Court - Section 394, CrP.C.

Combinations:

(A) (1), (2) and (3)

(B) (1), (3) and (4)

(D) (2), (3) and (4)

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