H.P. Judicial Service (Jr. Divn.) (Pre.) Exam. 2007-1

(Civil Law I)

1. Section 10 of the Specific Relief Act, 1963 provides for:

(A) The contracts which can be specifically enforced

(B) The contracts which cannot be specifically enforced

(D) None of these

2. In cases of specific performance of a contract, the rights of the parties are governed by the principle of:

(A) equity

(B) Law

(D) None of these

3. Specific performance of a contract:

(A) Will be ordered generally where damages are an adequate relief

(B) May be ordered where damages are an adequate remedy

(D) May not be ordered if damages are an adequate remedy

4. Specific performance of a part of the contract, has been dealt with under:

(A) Section 9 of the Specific Relief Act, 1963

(B) Section 10 of the Specific Relief Act, 1963

(D) Section 12 of the Specific Relief Act, 1963

5. For Section 12(4) of the Specific Relief Act, 1963, to apply:

(A) The parts of the contract must be divisible

(B) The part that can be specifically enforced in independent and separate from the other part

(D) Neither (a) nor (b)

6. Contracts not specifically enforceable have been enumerated in:

(A) Section 14 of the Specific Relief Act, 1963

(B) Section 13 of the Specific Relief Act, 1963

(D) Section 15 of the Specific Relief Act, 1963

7. Section 9 of the Specific Relief Act, 1963, provides for:

(A) The grounds on which specific performance of the contracts can be granted

(B) The defences which a person, against, whom the relief of specific performance is claimed, may plead

(D) The grounds on which specific performance of a contract cannot be granted

8. The circumstances under which a perpetual injunction can be granted have been enumerated under:

(A) Section 36 of the Specific Relief Act, 1963

(B) Section 37 of the Specific Relief Act, 1963

(D) Section 39 of the Specific Relief Act, 1963

9. Besides the courts of small causes and the courts established under any other enactment, the number of classes of subordinate Civil Courts provided under the Himachal Pradesh Courts Act, 1976, are:

(A) Three (B) Five

10. Under the Himachal Pradesh Courts Act, 1976, an appeal from decree or order of Civil Judge shall lie to the District Judge, where the value of the original suit, in which the decree/order was made did not exceed:

(A) Ten thousand rupees

(B) Twenty five thousands rupees

(D) Two lakh rupees

11. The Code of Civil Procedure, 1908 was amended by the Civil Procedure Code (Amendment) Act, 2002, with the object to:

(A) Cut short delay in disposal of suit

(B) Give more power to civil courts

(D) Make provisions stringent

12. Which of the following is not a decree?

(A) Rejection of a plaint

(B) Dismissal in default

(D) Neither (a) nor (b)

13. Foreign court under Section 2(5) of CPC means

(A) A court situated outside India

(B) A court situated outside India and not established under the authority of Government of India

(D) All the above

14. Who amongst the following is not a public officer within the meaning of Section 2(17) of CPC?

(A) A Judge

(B) Surpanch of a Gram Panchayat

(D) None of the above

15. Pecuniary jurisdiction of the court has been described under:

(A) Section 3 of CPC

(B) Section 4 of CPC

(D) Section 6 of CPC

16. Principle of res-judicata applies:

(A) To suits only

(B) To execution proceedings

(D) To suits as well as execution proceedings

17. Under Order IV Rule 1, sub rule (1) of CPC, a suit is instituted when:

(A) A copy of plaint is presented to the court

(B) A plaint in duplicate is presented to the court

(D) The court takes the plaint in consideration

18. Order yitl Rule 1 of the CPC mandates that the defendant shall file the written statement of his defence within:

(A) 60 days from the date of service of summons

(B) 90 days from the date of service of summons

(D) 10 days from the date of service of summons

19. Pleading must state:

(A) Facts

(B) Law

(D) All of these

20. Copy of the judgement shall be made available to the parties, under Order XX, Rule 1(2) of CPC:

(A) Immediately after the pronouncement of the judgement

(B) after 7 days from the pronouncement of the judgement

(D) after 21 days from the pronouncement of the judgement

21. Which of the following, in respect of set-off is correct?

(A) Set-off can be claimed in a suit for recovery of money

(B) The ambunt claimed must be ascertained amount

(D) All the above

22. An ex-parte decree can be set aside:

(A) Under Order IX Rule 7 of CPC

(B) Under Order IX Rule 11 of CPC

(D) Under Order IX Rule 13 of CPC

23. Precept is:

(A) A transfer of the decree

(B) An order to another competent court to attach any property of the judgement debtor

(D) None of the above

24. Pauper appeals have been provided under:

(A) Order XLII of CPC

(B) Order XLIII of CPC

(D) Order XLV of CPC

25. For presumption of death under Section 108 of the Indian Evidence Act, 1872, the person is shown to be not heard for a period of:

(A) Three years

(B) Seven years

(D) Thirty years

26. Section 112 of the Indian Evidence Act, 1872, provides for:

(A) Presumption of life

(B) Presumption of marriage

(D) Presumption of legitimacy

27. Presumption as to dowry death is contained in:

(A) Section 111 A of Evidence Act

(B) Section 113A of Evidence Act

(D) Section 113 of Evidence Act

28. A communication made to the spouse during marriage, under Section 122 of the Evidence Act:

(A) Remains privileged communication after the dissolution of marriage by divorce or death

(B) Does not remain privileged after the dissolution of marriage by divorce or death

(D) Remains privileged after the dissolution of marriage by divorce but not so on after death.

29. An accomplice is a competent witness:

(A) Under Section 118 of the Evidence Act (B) Under Section 119 of the Evidence Act

(D) Under Section 133 of the Evidence Act

30. Cross-examination of a witness:

(A) Must relate to relevant facts and has to be confined to what the witness testified in examination-in-chief

(B) Must relate to relevant facts but need not be confined to what the witness testified in examination-in-chief

(D) May not relate to relevant facts and may not be confined to what the witness testified in examination-in-chief

31. The provision relating to “hostile witness” is provided in:

(A) Section 154 of the Evidence Act

(B) Section 155 of the Evidence Act

(D) Section 133 of the Evidence Act

32. Which section of the Indian Evidence Act was amended by the Criminal law (Amendment) Act, 2005?

(A) Section 90A

(B) Section 32

(D) Section 154

33. Admissions:

(A) Constitute conclusive proof of the facts admitted

(B) May operate as estoppels

(D) Are never held substantive evidence of the facts admitted

34. Confession of an accused is irrelevant and inadmissible when made:

(A) While in police custody but in the immediate presence of a Magistrate

(B) In consequence of a deception practised on the accused for the purpose of obtaining it

(D) Before a Magistrate, who told him that if he made a full confession, he would be released

35. To be admissible, a dying declaration:

(A) Must be made before a Magistrate

(B) Must be made before a Police Officer

(D) Must be made to any person, a doctor, a magistrate, friend or a near relative

36. The opinion of experts is not relevant:

(A) On a point of Indian law

(B) On a point of foreign law

(D) On handwriting or finger impressions

37. In relation to the Indian Evidence Act, 1872, which of the following statements is not correct?

(A) Court includes arbitrators

(B) An inscription on a metal-plate is a document

(D) The state of a person’s health is a fact

38. A is accused of the murder of B. At his trial, which of the following will not be a fact in issue?

(A) That A intended to cause B’s death

(B) That A had received grave and sudden provocation from B

(D) That A had gone to filed with a club

39. Mark the incorrect statement:

(A) The terms ‘relevancy’ and ‘admissibility’ are co-extensive and inter¬changeable

(B) That evidence must be relevant in order to be admissible

(D) That ‘relevancy’ is the genus of which ‘admissibility’ is a species

40. Mark the incorrect statement:

(A) Evidence is always allowed of facts which are necessary to introduce the main fact or some relevant fact

(B) Evidence can be given of facts which support or rebut an inference suggested by a fact in issue or relevant fact

(D) Circumstances of tire situation are not relevant to prove an identity

41. Which is not the main principle that underlies the Law of Evidence?

(A) The best evidence must be given in all cases

(B) Evidence must be confined to the matters in issue

(D) Hearsay evidence must be admitted

42. That there are certain things arranged in a certain order in a certain place:

(A) Is a fact

(B) Is a document

(D) Is an opinion

43. The question is, whether A was ravished. The fact that without making a complaint, she said that she had been ravished:

(A) Is relevant as conduct

(B) Is not relevant as conduct

(D) Can not be relevant as corroborative evidence

44. A is accused of murdering B. The following facts are constructed in the case:

(I) An hour before the murder, A took B in his car to a certain place

(II) A alone returned home

(III) A’s cloth were found to be blood-stained

The evidence which takes into account the above mentioned facts is called

(A) Circumstantial evidence

(B) Direct evidence

(D) Real evidence

45. Under the Specific Relief Act, 1963, a suit for recovery of possession can be filed:

(A; Only in respect of moveable property

(B) Only in respect, of immovable property

(D) Neither in respect of moveable nor in respect of immovable property

46. Specific relief can be granted for:

(A) Enforcing individual civil rights

(B) Enforcing penal laws

(D) Neither civil rights nor penal laws

47. A suit for possession of immovable property, under Section 6 of the Specific Relief Act: 1963, can be filed within:

(A) 1 year of dispossession

(B) 6 months of dispossession

(D) 12 years of dispossession

48. The question of title is:

(A) Relevant under section 6 of the Specific Relief Act, 1963

(B) Irrelevant under section 6 of the Specific Relief Act, 1963

(D) None of the above

49. Section 114 of the Evidence Act, 1872 provides for certain:

(A) Presumptions of facts

(B) Rebuttable presumptions of law

(P) Presumptions of facts and law both

50. Suit under Section 8 of the Specific Relief Act, 1963, is not competent:

(A) Against a person who is the owner of the article claimed

(B) Against a person who has the possession or control over the article

(D) In case where ascertainment of damages in extremely difficult

1. The Hindu Adoption and Maintenance Act, 1956 applies to:

(A) A Buddhist by religion

(B) A Jew by religion

(D) Both (a) and (c)

2. Which of the following statement is incorrect?

(A) An adopted child shall be deemed to the child of his/her parents for the purposes 4. with effect from the date of the adoption

(B) An adopted child shall not be divested of property vested in him before the adoption

(D) Where a bachelor adopts a child, any 5. wife whom he subsequently marries shall be deemed to be the adoptive mother of the adopted child

3. The provision for the maintenance of illegitimate children of a Hindu is contained in:

(A) Section 18 of the Hindu Adoption and Maintenance Act

(B) Section 19 of the Hindu Adoption and Maintenance Act

(D) Section 21 of the Hindu Adoption and Maintenance Act

4. Mother of a Hindu child, was declared by the Apex Court, to be the natural guardian, during the life time of his/her father, in:

(A) Pannilal v. Rajinder Singh

(B) Githa Hariharan v. Reserve Bank of India

(D) Madhegowda v. Ankegowda

5. Under which Section of the Hindu Succession Act, 1956, a female Hindu is declared to be full and absolute owner of property possessed by her?

(A) Section 6

(B) Section 9

(D) Section 14

6. The Hindu Succession Act, 1956 mentions:

(A) Two types of heir of a Hindu male

(B) Three types of heir of a Hindu male

(D) Five types of heir of a Hindu male

7. The expression “appointed day” for the purpose

(A) 17th November, 1971

(B) 18th August, 1987

(D) None of these

8. The term “building” under the Himachal Pradesh Urban Rent Control Act, 1987, does not include:

(A) A hotel

(B) Godowns

(D) Land

9. 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 date line

10. 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

11. A proposal as defined under Section 2(a) of the Indian Contract Act, 1872, is:

(A) Communication from one person to another

(B) Suggestion by one person to another

(D) Willingness to do or abstain from doing an act in order to obtain the assent of other thereto

12. An agreement enforceable by law at the instance of one party and not of other party is called:

(A) A valid agreement

(B) A void agreement

(D) An illegal agreement

13. Communication of acceptance is complete an against the proposer:

(A) When it comes to the knowledge of the proposer

(B) When it is put in the course of transmission to him so as to be out of power of the acceptor

(D) When the letter of acceptance is handed over by the acceptor, to his agent, for posing -

14. When the consent of a party to a contract is caused by coercion, the contract is:

(A) Voidable at the7 option of the party whose consent is so caused

(B) Voidable at the option of either party

(D} Illegal

15. Which Section of the Indian Contract Act, 1872, deals 'whb agreements in restraint of legal proceedings?

(A) Section 27

(B) Section 28

(D) Section 29

16. Which one of the following does not amount to fraud?

(A) Active concealment of a fact

(B) A promise made without any intention of performing it

(D) A representation made without knowing it to be false, honestly believing it to be true

17. If the time of performance of the contract is the essence of the contract and the promisor fails to perform the contract by the specified time:

(A) The contract becomes void

(B) The contract remains valid

(D) The contract becomes unenforceable

18. Novation of a contract means:

(A) The renewal of original contract

(B) Alteration of the contract

(D) Cancellation of contract

19. Claim for necessaries of life supplied to a minor under Section 68 of the Indian Contract Act, 1872

(A) Can be enforced against the guardian, if any, of the minor

(B) Can be enforced against the minor’s property or estate, during his minority even

(D) Cannot be enforced-at all

20. Provision for the prevention of unjust enrichment of a person is contained in:

(A) Section 69 of the Indian Contract Act) 1872

(B) Section 70 of the Indian Contract Act, 1872

(D) Section 72 of jhe Indian Contract Act, 1872

21. The law relating to tender of performance is contained in:

(A) Section 37 of the Indian Contract Act, 1872

(B) Section 38 of the Indian Contract Act, 1872

(D) Section 35 of the Indian Contract Act, 1872

22. Presumption of undue influence can be raised in cases of:

(A) Contracts with pardanashin lady

(B) Contract with minor

(D) Unconscionable bargains

23. Which is correct of the law of limitation?

(A) Limitation bars the judicial remedy

(B) Limitation extinguishes the right

(D) Limitation is a substantive law

24. The Limitation Act, 1963 applies to:

(A) Proceedings before the courts

(B) Proceedings before the quasi-ijudicial authority

(D) None of these

25. ’Belay in filing the suit:

(A) Cannot be condoned

(B) Can be condoned under Section 3 of (he Limitation Act, 1963 ' ’

(D) Can be condoned under Section,5 of the Limitation Act, 1963 1

26. The provisions of Section 3 of the Limitation Act, 1963 are:

(A) Mandatory

(B) Directory

(D) Optional

27. Section 6 of the Limitation Act, 1963 can be availed by:

(A) The plaintiff(s)

(B) The defendant(s)

(D) None of these

28. 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)

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

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

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

(D) Under Section 13 of She Limitation Act, '1963

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

(A) For 12 years

(B) For 20 years

(D) For 60 years

31. A suit for possession of immovable property based on title can be filed within:

(A) Six month

(B) One year

(D) Twelve years

32. Acknowledgement after the period of limitation:

(A) Is of no effect

(B) Gives rise to an independent and enforceable-contract

(D) Both (a) and (b)

33. 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

34. Period of limitation for execution of a decree is:

(A) 3 years

(B) 12 years

(D) 60 years

35. The period of limitation for a review of the judgment is:

(A) 60 days

(B) 90 days

(D) 180 days

36. A contract can be discharged:

(A) By performance of the contract

(B) By frustration of the contract

(D) Neither (a) nor (b)

37. In case of joint promise, generally the performance must be by:

(A) All .the promisors jointly '

(B) Any one of them individually

(D) None of the above

38. Section 74 of the Indian Contract Act, 1872 applies:

(A) To cases where an amount received under the contract is sought to be forfeited

(B) To cases where the aggrieved party is seeking to recover a fixed aipount on breach of contract

(D) Both (a) and (b).

39. The nature of a wagering agreement was explained in:

(A) Mohpri Bibee v. Dharmodas-Ghose

(B) Derry v. Peek

(D) None of these

40. Under Section 3 of the Transfer of Property Act, 1882, immovable'property includes:

(A) Standing timber

(B) Growing crops

(D) None of these

41. The Transfer of Property Act, 1882 has no application in case a:

(A) Transfer by operation of law

(B) Transfer among living persons

(D) Transfer between near relatives

42. Rule against perpetuity is described in:

(A) Section 13 of the TPA

(B) Section 14 of the TPA

(D) Section 22 of the TPA

43. A transfer of immovable property made without consideration with intent to defraud a subsequent transferee is:

(A) Void under Section 53 of the TPA

(B) Illegal under Section 3 of the TPA

(D) Unenforceable

44. Transfer of tangible immovable property of the value of Rs. 100/-can be made:

(A) Only be a registered instrument

(B) . By an unregistered instrument

(D) By placing the buyer in possession of the property

45. tn case of usufructuary mortgage, the mortgagee:

(A) Is delivered the possession of the mortgaged property but not authorised to appropriate the rents and profits accruing from the property

(B) Is authorized to appropriate the rents and profits accruing from the property, but not delivered the possession of the property

(D) Is not delivered the possession of the mortgaged property but has the right to sell that property to recover the money he advanced

46. Rule relating to marshalling securities is described in the Transfer of Property Act, 1882, under:

(A) Section 80

(B) Section 81

(D) None of these

47. ‘A’ lets a house to ‘B’ for five years. ‘B’ under¬lets the house to ‘C’ at a monthly rent of Rs. 100/-. The five years expire, but ‘C’ continues in possession of the house and pays the rent to A. What are the rights of ‘C’?

(A) ‘C’s lease is said to be renewed from month to month

(B) ‘C’s lease terminates on the expiry of the lease period of five years

(D) None of these

48. Which of the following ponditions is exempted, if the custom governing each of the parties to a Hindu marriage, so permits:

(A) Neither party has a spouse living at the_ time of the marriage

(B) Neither party is incapable of giving a valid consent to the marriage

(D) The parties are not sapindas of each other

49. In a proceeding, on a pefition for dissolution of marriage, under the Hindu Marriage Act, 1955, the court cannot pass instead a decree for judicial separation, if the ground for seeking divorce is that the other party, after the solemnization cf the marriage:

(A) Had voluntary sexual intercourse with any person other than his/her spouse

(B) Has ceased to be Hindu by.conversion to another religion

(D) Has been incurably of unsound mind

50. Section 9 of the Hindu Marriage Act, 1955, was upheld as not violative of Article 21 of the Constitution of India in:

(A) T. Sareetha v. Venkata Subbaiah

(B) Smt. Harvinder Kaur v. Harmander Singh

(D) Both (b) and (c)

(Criminal Law)

1. The power to try any forest-offence punishable with imprisonment for a term not exceeding six months, is vested with:

(A) The District Magistrate

(B) Any Magistrate of the first class

(D) Any Magistrate of the third class

2. Any person contravening any rule under the Indian Forest Act, 1Q27, for the contravention of which, no special penalty is provided, shall be punishable with:

(A) Imprisonment for,a term which may extend to one month or fine which may extend to five hundred rupees, or both

(B) Imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees, or both

(D) Imprisonment for a term which may extend to two years or with fine which may extend to five thousand rupeps, or toth

3. The Wild Life (Protection) Act, 1972 was passed by the Union Parliament:

(A) In the exercise of its power conferred by Article 246 of the Constitutibn of India

(&) On receiving a resolution passed by the Council of States under Article 249 of the Constitution of India

(D) During the continuance of a Proclamation made by the President und^r Article 352 of the Constitution of India

4. The control of sanctuaries, under the Wild Life (Protection) Act, 1972, is vested with:

(A) The State Government -

(B) The State Minister of Forests and Wild Life

(D) The Chief Wild Life Warden

5. After the commencement of the Wild Life (Protection) Amendment Act, 2002, a zoo shall not be established without obtaining the prior approval of:

(A) The Central Government

(B) The State Government

(D) The Conservation Reserve Management Committee

6.The offence of dishonour of cheques, for insufficiency, etc., of funds, in the account of the drawer, is punishable with:

(A) Imprisonment for a term which may extend to one year or with fine which may extend to the amount of the cheques, or with both

(B) Imprisonment for a term which may extend to two year or with fine which may extend to the amount of the\ cheques, or with both

(C) Imprisonment for a term which, may extend to six months or with fine which may extend five hundred Rupees, or with both

(D) Imprisonment for a term which may extend to five year or with fine which may extend to five thousand rupees,, or with both

7. A cheques can be presented, within a period of six months from the date on which it is drawn:

(A) Only once

(B) Two times only

(D) Any number of times

8. If the person committing an offence under Section 138 of the Negotiable Instruments Act, 1881, is a company, the following shall be deemed to be guilty of the offence:

(A) A person who, at the time the offence was committed, was in charge of, and was responsible for the conduct of the business of the company and not the company

(B) The company, in its name

(D) A person, in charge of and responsible for the conduct of the business of the company, as well as the company

9. A complaint, against the drawer of a cheques, dishonoured for insufficiency, etc., of funds, must be made:

(A) Within one month of the date on which the cause-of-action arises under, clause (c) of the proviso to Section 138 of the Negotiable Instruments Act, 1881

(B) Within thirty days of the receipt of. information from the bank regarding the return of the cheques as unpaid \ ,

(C) Within fifteen days of the expiration of notice sent to the drawer of such cheques by the payee, demanding payment of die amount

(D) Within six months from the date on which the cheque is drawn

10. Plea Bargaining, a new chapter, added in the criminal Procedure Code, 1973, by the Criminal Law Amendment Act, 2005, is -contained in:

(A) Sections 265A to 265E

(B) Sections 265A to 265L

(D) Sections 265A to 265N

11. The criminal liability arises in:

(A) Voluntary acts only

(B) Involuntary acts only

(D) External acts only

12. “Ignorantia tacit excusat” maxim means:

(A) Mistake of law is excused

(B) Ignorance of facts is an excuse

(D) None of these

13. The maxim “Non Compos mentis” means:

(A) Child of ten years

(B) Not co-operative

(D) None of these

14. How many types of punishments have been prescribed under the Indian Penal Code, 1860?

(A) Three

(B) Four

(D) Six

15. ‘A’ not knowing, whether it is loaded or not, pulls the trigger of a gun pointing at ‘B’, ‘B’ is shot dead. ‘A’ can:

(A) Claim the protection of Section 80 of IPC

(B) Not claim the protection of Sectibn 80 of IPC

(D) Not claim the protection of Section 81 of IPC

16. A and Z agree to fence with each other for amusement. This agreement implies the consent of each to suffer any harm which, in the course of such fencing, may be caused without foul play. A while playing fairly, hurts Z and as a result Z dies. A is liable:

(A) For causing hurt to Z

(B) For murder to Z by negligence

(D) For culpable homicide not amounting to murder

17. A instigates B to instigate C to murder Z. B accordingly instigates C to murder Z and C commits that offence in consequence of B’s instigation. A is liable:

(A) For no offence

(B) For abetment and punishment under Section 299 of IPC

(D) Under Secuun 336 of IPC

18. To constitute a criminal conspiracy, there must be an agreement between:

(A) At least two persons

(B) At least five persons

(D) At least three persons

19. Which of the following is not an offence against the State, under the Indian Penal Code,1860?

(A) Spreading infection of disease dangerous to life

(B) Waging war against the Government of India

(D) Assaulting Governor of a State with intent to compel to exercise of any lawful power

20. For an assembly to be unlawful, must have a common object of the kind specified in:

(A) Section 140 of IPC

(B) Section 141 of IPC

(D) Section 144 of IPC

21. Rioting means use of force or violence by an assembly of five or morfe persons, or by a member thereof, in prosecution of the common object of such assembly, as per:

(A) Section 141 of IPC

(B) Section 142 of IPC

(D) Section 148 of IPC

22. ‘A’ being an officer directed by law to take property in execution, in order to satisfy a' decree pronounced in Z’s favour by a Court of Justice, knowingly disobeys that direction of law, with the knowledge that he is likely thereby to cause injury to ‘Z’. ‘A’ has committed the offence defined in:

(A) Section 161 of IPC

(B) Section 166 of IPC

(D) Section 165 of IPC

23. ‘A’ refuse to answer a questipn which is relevant to the sybject concerning which the public servant is authorized to inquire. ‘A’ is liable to be punished:

(A) Under Section 179 of IPC

(B) Under Section 180 of IPC

(D) Under Section 173 of IPC

24. ‘A’ puts jewels into a box belonging to ‘Z’, with the intention that they may be found in that box, and that this circumstance may cause ‘Z’ to be convicted of theft. A has committed the offence:

(A) Of giving false evidence

(B) Of fabricating false evidence

(D) Of causing disappearance of evidence

25. Whoever imports into India, or exports therefrom, any counterfeit coin which he knows to be a counterfeit of Indian coin, is punishable with:

(A) Imprisonment for life and shall also be liable to fine under Section 238 of IPC

(B) Imprisonment for a term which may extend to three years under Section 237 of IPC

(D) Fine only

26. Grave and sudden provocation in case of commission of offence of murder is a:

(A) Question of law

(B) Presumption under the law

(D) Mixed question of fact and law

27. Section 303 of thb Indian Penal Code, 1860, was declared unconstitutional by the Supreme Court in:

(A) Mithu v. State of Punjab, AIR 1983 SC 473

(B) Bachan Singh v. State of Punjab, AIR 1980 SC 898

(D) Maneka Gandhi v. Union of India, AIR 1978 SC 597

28. ‘A’ with the intention of killing ‘B’, gave him poisoned halwa to eat. ‘A’ ate a little and threw away the rest, which a child picked up and ate it. The child died of poisoning. ‘A’ is:

(A) Guilty of homicide

(B) Guilty of no offence

(D) Guilty of culpable homicide

29. Section 304-B of the Indian Penal Code, 1860, describes the offence of:

(A) Causing death by negligence

(B) Causing death with consent

(D) Dowry death

30. The offence of grievous hurt has been defined in:

(A) Section 320 of IPC

(B) Section 321 of IPC

(D) Section 336 of IPC

31. ‘A’ causes ‘Z’ to go within a walled space and locks ‘Z’ in. ‘Z’ is thus prevented from proceeding in any direction beyond the circumscribing line of wall. A has committed the offence described in:

(A) Section 339 of IPC

(B) Section 340 of IPC

(D) Section 342 of IPC

32. The act of use of force by one person to another, has been described in:

(A) Section 349 of IPC

(B) Section 350 of IPC

(D) Section 362 of IPC

33. Section 354 of the Indian Penal Code, 1860 describes the offence of:

(A) Using criminal force to any woman, intending to outrage her modesty

(B) Using criminal force in attempting to ' commit theft

(D) Kidiiapping from India

34. ‘A’ obtains property from ‘Z’ by saying. “Your child is in the hands of my gang and will be put to death unless you send us ten lakhs rupees.” A has committed the offence of:

(A) Robbery

(B) Theft

(D) Dacoity

35. The offence of “criminal breach of trust” is described in:

(A) Section 405 of IPC

(B) Section 406 of IPC

(D) Section 379 of IPC

36. The Code of Criminal Procedure, 1973 extends to:

(A) The whole of India

(B) The whole of India except the State of Jammu & Kashmir

(D) The whole of India except the State of Sikkim

37. The classification of offences into bailable and non-bailable has been given in the Code of Criminal Procedure, 1973, under:

(A) The 1st Schedule

(B) The 2nd Schedule

(D) Section 482

38. IN a non-cognizable case, the police has the authority:

(A) To investigate arid even arrest the accused without warrant

(B) To investigate into the offence but cannot arrest the accused without warrant

(D) To arrest the accused without warrant but cannot investigate without orders of the Magistrate

39. Offences other than those mentioned in Section 320 of the Code of Criminal Procedure, 1973, are:

(A) Compoundable with the permission of the court

(B) Compoundable by the Court of Sessions

(D) Not compoundable

40. It is mandatory to produce the person arrested before the Magistrate, within 24 hours of the arrest, under:

(A) Section 56 of Cr.P.C.

(B) Section 57 of Cr.P.C.

(D) Section 59 of Cr.P.C.

41. Who amongst the following is not competent under Section 92 of Cr.P.C. to order the postal or telegraph authorities to deliver the documents/thing?

(A) Judicial Magistrate

(B) District Magistrate

(D) None of these

42. A declaration of forfeiture under Section 95 of Cr.P.C. can be set aside by:

(A) Magistrate issuing the search warrant

(B) Chief Judicial Magistrate

(D) High Court

43. Under Section 125 of Cr.P.C., a Magistrate has:

(A) The power to grant interim maintenance and the expenses of the proceedings

(B) No power to grant interim maintenance nor the expenses of the proceedings

(D) No power to grant interim maintenance but has the power to grant expenses of the proceedings

44. In case of merger of the complaint with the Police report, the procedure to be followed for the trial shall be:

(A) The procedure of the complaint case

(B) The procedure of the case instituted on the Police report

(D) The procedure as directed by the Magistrate

45. Jurisdiction to grant bail under Section 438 of the Cr.P.C. vests with:

(A) The Court of Magistrate

(B) The Court of Sessions only

(D) The Court of Sessions and the High Court and not in the Court of Magistrate

46. Under Section 468 of the Cr.P.C. the period of limitation for an offence punishable with a term not exceeding one year is:

(A) Six months

(B) One year

(D) Three years

47. Under Section 308 of Cr.P.C. an accomplice, who does not comply with the conditions of pardon; may be prosecuted and tried separately for the offence of giving false evidence, but with the sanction of the:

(A) Chief Justice of the High Court

(B) High Court

(D) State Government

48. The term “vehicle” for the purposes of the Indian Forest Act, 1927, does not include:

(A) A cart

(B) A trolly

(D) A bicycle

49. Section 35 of the Indian Forest Act, 1927, does not empower the State Government, to regulate or prohibit, in any forest or wasteland:

(A) The breaking up or clearing of land for cultivation

(B) The pasturing of cattle

(D) The entry of non-state subjects

50. In Himachal Pradesh, the State Government may prescribe, as penalties, for the contravention of rules, regulating transit of forest produce:

(A) Imprisonment for a term which may extend to six months, or fine which may extend to five hundred rupees, or both

(B) Imprisonment for a term which may extend to two years, or fine which may extend to five thousand rupees, or both

(D) Imprisonment for a term which may extend to two years or with minimum fine of one thousand rupees, or both

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