Uttarakhand Judicial Service Examination, 2015

Part I General Knowledge

1. Doctrine -or Prospective overruling was approved for the first time in Constitutional interpretation in the case of

(A) Kesvanand Bharti v. State of Kerala

(B) Goloknath v. State of Punjab

(D) Charanjitlal v. Union of India

2. The General, Assembly of the U.N. cannot be said to be a “World Parliament”, because

(A) it cannot legislate for the State of the World.

(B) its resolutions do not have binding force upon the member states.

(D) all of the above

3. In which Section of the Protection of Women from Domestic Violence Act, 2005 the word ‘Domestic Violence’ has been defined?

(A) Section 4 (B) Sections 5

4. By which amendment Act schedule IX was inserted in Indian Constitution?

(A) 44th Amendment Act

(B) 25th Amendment Act

(D) 1st Amendment Act

5. Where the G-7 summit in June 2014 was held?

(A) Oola

(B) Brussels

(D) Loskebas .

6. Which convention was related to Prisoners of War, cruelty and collective penalties and formulated for providing medical and other facilities to the prisoners of war?

(A) Kellog-Briand Paris-Paet (1928)

(B) Geneva Convention (1929)

(D) Hague Conference (1907)

7. Who has been awarded by highest award of Japan as “The Grand Carden of the order of Palonia flowers” recently?

(A) Mr. Narendra Modi

(B) Dr. Manmohan Singh

(D) None of the above

^8. “A person convicted by the court may be punished, only in accordance with the statute”, is the meaning of which maxim amongst the below?

(A) Nullum Crimen Sine lege

(B) Nemo propria causa judex esse debet

(D) None of the above

9. What is the right sequence of the following;

(1) The United Nations declarations

(2) The Atlantic Charter

(3) The Declaration of St. Jernes Palace

(4) Sanfrancisco Conference

(A) (3),(2),(l)z(4)

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

(D) (4)/(3),(2),(l)

10. Which Articles amongst the following were added by the 97th Amendment Act of Indian Constitution?

(A) Article 243(P) to Article 243 (ZG)

(B) Article 243 (ZH) to Article 243 (ZT)

(D) Article 243 (ZG) to Article 243 (ZR)

11. In which of the following cases it has been observed that Prime Minister and Chief Ministers of the States are subject to the Doctrine of Constitutional Trust?

(A) Dr. Subramaniyam Swami v. Director, CBI (2014)

(B) Manoj Narula v. Union of India (2014)

(D) Vishwajeet Bhattacharya v. Union of India (2014)

12. Auto limitation theory is related to

(A) Succession

(B) Recognition

(D) Regarding the basis of International Law

13. Which of the Articles of the Constitution of India empowers the President to appoint acting Chief Justice of a High Court?

(A) Article 223

(B) Article 224

(D) Article 225

14. Who shall be the Chairman of the Council of States in accordance with the provisions of the Constitution of India?

(A) President of India

(B) Vice-President of India

(D) None of the above

15. The Andhra Pradesh Reorganisation Act was passed in the year?

(A) 2012

(B) 2013

(D) None is correct

16. The Lokpal and Lokayuktas Act was enacted in India in the year

(A) 2014 (B) 2013

17. The National Food Security Act was passed in the year

(A) 2012

(B) 2013

(D) None of the above

18. Territorial water limit of India is

(A) 3 Nautical miles

(B) 6 Nautical miles

(D) None of the above

19. Which one of the following rules is related to Extradition?

(A) Rule of Speciality

(B) Rule of Double Criminality

(D) None of the above

20. Who defined Neutrality as “The attitude of impartiality adopted by Third States towards belligerents and recognized by belligerents, such attitude creating rights and duties between the impartial states and the belligerents”?

(A) J.G. Starke

(B) L. Oppenheim

(D) Hall

21. Which of the following is not a specialised agency of the United Nations?

(A) UNESCO

(B) International Labour Organisation

(D) All the above

22. On whom the members of United Nations conference primary responsibility for the maintenance of International peace and security?

(A) Security Council

(B) International Court of Justice

(D) None of the above

23. Vienna Convention on Diplomatic Relations, 1961 came into force on

(A) April 18,1961

(B) April 24,1961

(D) None of the above

24. Who made the observation “Jurisprudence is Lawyer’s extraversion”?

(A) Jhon Austin (B) Stone

25. Which is not jural-correlative in the following pairs?

(A) Right-Duty

(B) Liberty-No-right

(D) Power-Disability

26. The commission on the status of women was established by the

(A) Economic and Social Council

(B) General Assembly

(D) Security Council

27. Which of the following can enforce the judgment of the International

(A) General Assembly on the recommendation of the Security Council

(B) Secretary General

(D) None of the above

28. National Human Rights Commission in India came into force from

(A) 28th September, 1993

(B) 18th December, 1993

(D) 12tK October, 1993

29. The recommendations of the National Human Rights Commission is

(A) Binding

(B) Advisory

(D) None of the above

30. The head quarter of World Bank is situated at

(A) Geneva

(B) New York

(D) Washington D.C.

31. Who among the following was hanged by the British Government in regard to the ‘Kakori Conspiracy’?

(A) Bhagat Singh

(B) Chandra Shekhar Azad

(D) Batukeshwar Dutt

32. On whose recommendation amongst the following the Constituent Assembly was constituted?

(A) Crips Mission

(B) Webel Mission

(D) Cabinet Mission Plan

33. Ashok Mehta Committee was related to the

(A) Centre-State Relations.

(B) Economic Reforms

(D) None of the above

34. Power to' constitute new states and its determination of boundary vests in

(A) Parliament

(B) Vice-President

(D) None of the above-

35. Who is the Chairman of National Development Council?

(A) President

(B) Prime Minister

(D) None of the above

36. ‘Carry Forward Rule’ was held as ultra-vires in the case of

(A) Maneka Gandhi v. Union of India

(B) Devadasan v. Union of India

(D) None of the above

37. ‘Hicklin Test’ under Article 19(2) is related to

(A) Decency and morality

(B) Defamation

(D) None of the above

38. Dispute between states in India comes to the Supreme Court under

(A) Appellate Jurisdiction

(B) Original Jurisdiction

(D) None of the above

39. Which amendment under the Indian Constitution provides for the reservation in Panchayats to the Women?

(A) 77th Amendment

(B) 75th Amendment

(D) 73rd Amendment

40. To whom the President of India tenders his resignation?

(A) Prime Minister

(B) Vice President

(D) Parliament

41. In which organ of United Nations, the membership has been enlarged twice by amending U.N. Charter

(A) International Court of Justice

(B) Security Council

(D) Economic and Social Council

42. The first meeting of the Constituent Assembly was held on

(A) 9th December, 1946

(B) 15th August, 1947

(D) 10th January, 1948

43. Which one of the following is not a permanent member of the U N. Security Council?

(A) Britain

(B) United States of America

(D) China

44. Who was the Constitutional Advisor to the Constituent Assembly?

(A) Dr. B.R. Ambedkar

(B) Pt. Jawahar Lal Nehru

(D) Dr. Rajendra Prasad

45. The present Lok Sabha is

(A) Thirteenth (B) Fourteenth

46. Which of the following Amendments Act of the Constitution provided for the appointment of one person as Governor of two or more states?

(A) 2nd Amendment

(B) 3rd Amendment

(D) 7th Amendment

47. Who amongst the following has drafted the Preamble to the Indian Constitution

(A) Mr. Rajendra Prasad

(B) Mr. Jawahar Lal Nehru

(D) Mr. Vallabh Bhai Patel

48. In which of the following subjects India has recently in 2014 signed an agreement with Russia

(A) Environment

(B) Defence

(D) Health

49. In which of the following countries 8th ‘SAARC’ summit was held in 2014?

(A) India

(B) Bangladesh

(D) Pakistan

50. In which of the following cases Supreme Court held that an amendment of the Constitution under Article 368 is a ‘law’ under Article 13?

(A) Sajjan Singh v. State of Rajasthan

(B) Shankari Prasad v. Union of India

(D) Goloknath v. State of Punjab

Part II

Law

51. Which one of the following section of the Transfer of Property Act 1882, deals with the “direction for accumulation”?

(A) Section 14

(B) Section 17

(D) Section 18

52. Transfer of ownership of immovable property in exchange for a price paid or promised or partly paid or partly promised is called as -

(A) Mortgage

(B) Lease

(D) Exchange

53. Section 56 of the Transfer of Property Act, 1882 deals with

(A) Marshalling by subsequent purchaser

(B) Contract for sale

(D) None of the above

54. If the donee dies before the acceptance of the gift, the gift is

(A) Voidable (B) Valid

55. Chapter VII of the Transfer of Property Act, 1882 does not apply to transfer of property , under.

(A) Christian Law

(B) Parsi law

(D) Hindu Law

56. Which one of the following is not a ground for determination of a lease

(A) Effuse of the time limited

(B) Implied surrender

(D) Death of the lessee

57. Which one of the following is not an essential condition for application of rule of “lis pendens” under Section 52 of the Transfer of Property Act, 1882?

(A) Pendency of a suit or proceeding

(B) Pendency in a competent court

(D) Alienation must affect the rights of other party

58. Find our the incorrect answer from the following

(A) Gift is the transfer of ownership without consideration

(B) Gift should be accepted during the lifetime of the owner

(D) Gift may be made only of movable property

59. The Transfer of Property Act, 1882 came into force on

(A) 1st August 1882

(B) 1st July 1882

(D) 1st October 1882

60. According to Section 5 of the Transfer of Property Act, 1882 the term “living person” includes

(A) A human being only

(B) Only important company or associations

(D) None of the above

61. Which one of the following condition is invalid according to Section 10 of Transfer of Property Act, 1882

(A) A condition not to sell outside the family

(B) A condition not to sell during the lifetime of the transferor

(D) A condition restraining sub-letting of leased property

62. Which one of the following is not an essential condition of Section 43 of the Transfer of Property Act, 1882

(A) The representation must necessarily be fraudulent

(B) The transferor makes a representation that he is competent to transfer

(D) Transfer is for consideration

63. “Once a mortgage, always a mortgage” means

(A) Mortgagor has no right to assign right of redemption to any person

(B) Mortgagee has no right to assign the mortgagee debt to any other person

(D) Mortgage is always redeemable

64. Section 122 of the Transfer of Property Act, 1882 deals with which following kinds of gift, namely

(A) Giftinter-vivos

(B) Gift moritis causa

(D) All of the above

65. Which one of the following sections provides the statutory duties of a mortgage in possession

(A) Section 77 (B) Section 78

66. The provisions relating to “Onerous gift” have provided under Transfer of Property Act, 1882 in

(A) Section 127 (B) Section 124

67. The Transfer of Property (Amendment) Act, 2003, has amended which one of the following Sections of the Transfer of Property Act, 1882

(A) Section 107

(B) Section 106

(D) Section 100

68. The transferee of an actionable claim shall take it subject to all the liabilities and equities and to which the transferor was subject in respect thereof

(A) At the date of transfer

(B) Before the date of transfer

(D) Before 15 days from the date of transfer

69. Section 52 of the transfer of Property Act, 1882, does not apply to

(A) Post transfer rights

(B) Pecuniary rights

(D) Instant rights

70. Under which one of the following schools of Muslim Law “Muta Marriage” is recognised

(A) Shaifi school

(B) Shafii school

(D) Ithna Asheri school

71. Where the person who performed “Nlkah” Is dead, the proof of marriage will be given by the '

(A) Husband (B) Wife

72. A Muslim widow remarries during the period of “Iddat”, the marriage is

(A) Valid

(B) Fasid

(D) None of the above

73. “Musha” under Muslim Law means

(A) An undivided share in the property

(B) Share in a joint property after partition

(D) None of the above

74. Under Muslim Law, a bequest can validly be made to a child In womb so Iong. It Is born from the date of will within the period of

(A) 3 months

(B) 6 months

(D) 10 months

75. Creating a “Waqf” means dedication of property to

(A) State

(B) Himself

(D) God

76. Shariat Act, 1937 contains only

(A) 12 Sections

(B) 6 Sections

(D) 9 Sections

77. According to Hanafi Law, a mother is entitled to the custody (Hizanat) of a male child till the age of

(A) 12 years

(B) 18 years

(D) 21 years

78. “Khiyar-ul-bulug” means

(A) Option of puberty

(B) A form of dower

(D) Infidelity

79. Dissolution of Muslim Marriage Act, 19^9 specifies certain grounds of divorce which are available to

(A) Husband as well as wife

(B) Husband only

(D) None of them

80. In which of the following cases, the Supreme Court, has recognized the validity of adoption of a child even by a Muslim

(A) Shabnam Hasmi v. Union of India & Others

(B) Shabnam Bano v. Union bf India

(D) Aisha Qureshi v.Asfaq Quereshi

81. A Muslim wife’s right to ‘dower’ can be claimed as

(A) A preferential debt

(B) An ordinary unsecured debt along with other creditors

(D) A secured debt

82. How much time of abstinence is required In “Ila form” to enforce dissolution of marriage under Muslim Law

(A) 2 months (B) 3 months

83. Under Muslim Law the term “Faskh” is used to denote

(A) Restitution of conjugal rights

(B) Dissolution of marriage by judicial decree at the instance of husband

(D) Dissolution of marriage by judicial decree at the instance of wife

84. Under Muslim Law, in the matter of marriage, if there is a conflict between the views of minor and guardian, the law gives priority to

(A) Minor (B) Guardian

85. A sickman makes a bequest, and being unable to speak from weakness gives a nod with his held, and he dies without regaining the power of speech, the bequest is

(A) Void

(B) Irregular

(D) None of the above

86. A right of divorce by “Lian” is available to the wife when the husband accuses the wife

(A) of re-embracing her initial faith

(B) of curelty

(D) of adultery

87. In the “Ahsan Form” of talaq, the talaq is effective

(A) from the moment of pronouncement

(B) on the expiration of Iddat period

(D) from the execution of writing of talaq- nama

88. In which of the following case the Supreme Court has held that the “three talaqs” would be treated as a “Single talaq” and not a valid talaq

(A) Mohd Ahmad Khan v. Shah Bano, AIR 1958 SC

(B) Bai Taheri v. Ali Hussain, AIR 1979 SC

(D) None of the above

89. Under Indian Evidence Act, 1872, the maxim “SALUS POPULI SUPERMALE” is related to

(A) Section 121

(B) Section 122

(D) Section 124

90. Which of the following sections of the Indian Evidence Act, 1872 does not deal with the criminal matters

(A) Section 23 (B) Section 27

91. The term “Judicial notice” under the Indian Evidence Act, 1872, means

(A) Notice given by the court

(B) Information given to the court

(D) To recognise without proof something an existing

92. Court can presume about the legality of digital signature on electronic record under Indian Evidence Act, 1872 when it is

(A) 30 years old (B) 15 years old

93. “Presumption of fact” under the Indian Evidence Act, 1872

(A) is based on logic, human experience and natural events and law of nature

(B) is based on provisions of law

(D) is of certain and uniform position

94. The contents of electronic records may be proved under Indian Evidence Act, 1872 in accordance with the provisions of

(A) Section 65C

(B) Section 65B

(D) Section 66C

95. Electronic record presented for inspection of the court under Indian Evidence Act, 1872 is

(A) Electronic evidence

(B) Documentary evidence

(D) Modem evidence

96. Which of the following is correctly matched according to Indian Evidence Act, 1872

(A) Refreshing memory: Section 158

(B) Identification parade: Section 10

(D) None of the above

97. “Written document must be proved by writing only”, this maxim has been incorporated under which of the following sections of Indian Evidence Act, 1872

(A) Section 87

(B) Section 91

(D) None of the above

98. Where the court has to form an opinion as to electronic signature of any person, the opinion of the certifying authority which has issued the electronic signature certificate is

(A) Fact in issue

(B) Relevant fact

(D) None of the above

99. Which kind of agreement can be presumed by the court under Section 85A of the Indian Evidence Act, 1872

(A) Written agreement

(B) Oral agreement

(D) None of the above

100. Presumption of dowry death which is mentioned under Section 113B of Indian Evidence Act, 1872 has been incorporated by the Amendment Act of

(A) 1983 (B) 1984

101. Under Indian Evidence Act, 1872 a declaration made in course of business is admissible under

(A) Section 32(7) (B) Section 32(2)

102. Under Indian Evidence Act, 1872 questions relating to a matter not relevant to the suit or proceedings may be asked under

(A) Section 146

(B) Section 147

(D) Such questions cannot be asked

103. Which kind of jurisdiction is not mentioned under Section 41 of the Indian Evidence Act, 1872

(A) Probate

(B) Admirality

(D) Revenue

104. Kaushal Rao v. State of Bombay, AIR 1958 SC 22 is related with which topic of the law of evidence?

(A) Confession

(B) Admission

(D) Estoppel

105. Indian Evidence Act, 1872 does not expressly mention about

(A) Oral Evidence

(B) Documentary Evidence

(D) Circumstantial Evidence

106. The question is whether “A” was ravished? The fact that without making a complaint, she said that the has been ravished is

(A) Relevant as conduct

(B) Admissible as conduct

(D) A subject matter of enquiry

107. Where a document is executed in several parts, there

(A) each part is a primary evidence of the document

(B) each part cannot be primary evidence of the document

(D) only main part is primary while rest is secondary evidence of the document

108. “Nothing in Section 23 of the Indian Evidence Act, 1872 shall be taken to exempt any barrister, pleader, attorney or vakil from giving evidence of any matter of which he may be compelled to give evidence” is provided by the Indian Evidence Act, 1872, under

(A) Section 127

(B) Section 128

(D) Section 126

109. The fact of which the Court will judicial notice under Indian Evidence Act, 1872

(A) need to be proved

(B) is optional to be proved

(D) is better to be proved

110. As per preamble of the Indian Evidence Act, 1872, the purpose of this Act is

(A) to provide, define and amend the law of evidence

(B) to provide, consolidate the law of evidence

(D) to consolidate, define and amend the law of evidence

111. In criminal proceedings against any person, the husband or wife of such person, shall be

(A) Competent witness

(B) Incompetent witness

(D) Competent witness only if they are sane and with the consent of other

112. A contingent of police led by Sub-Inspector is on patrolling duty at night. They are attacked by two criminals in which one constable is severely injured and criminals escaped with their property. Here, a case can be made under Indian Penal Code 1860 for the offence of

(A) Theft (B) Dacoity

113. Revealing the identity or name of victim of rape is punishable under which of the following sections of the Indian Penal Code 1860

(A) Section 354D (B) Section 376E

114. Which of the following factors separate robbery from dacoity

(A) Time (B) Property

115. “A” gave poisioned “Halwa” (sweet dish) to “B” with intention to kill him. “B” ate one spoon and kept it on the side. “C” who was sitting there, picked up and ate it. “C” dies. Here “A” is guilty of

(A) Culpable homicide not amounting to murder

(B) Offence of murder of "C"

(D) Causing grievous hurt

116. The maxim “ignorantia juris non excusat” means

(A) Ignorance of law is no excuse

(B) Ignorance of fact is no excuse

(D) Ignorance of fact is an excuse

117. The plea of “sudden and grave provocation” under Section 300 Exception (1) of the Indian Penal Code 1860 is a

(A) Question of law

(B) Question of fact

(D) Presumption under law

118. “Common Intention” and “similar intention” was distinguished in the famous case of

(A) Barendra K. Ghosh v. King 1925 PC 1

(B) Mehbood Shah v. Emperor 1943 PC 118

(D) Rishidev Pandey v. State of UP 1955 SC 331

119. The “appropriate government” may commute the sentence of death of an accused person to any other sentence

(A) with the consent of the accused

(B) with the consent of relatives of accused

(D) without the consent of the accused

120. “Necessity” as a defence cannot be claimed when the act has been done

(A) with good, faith

(B) without criminal intent

(D) for avoiding other greater harm

121. “X” who stole jewellery from a jeweller's shop caused fear of instant hurt to “Z” who tried to stop him while carrying away the stolen watch. Here “X” can be held liable for the offence of

(A) Extortion (B) Robbery

122. Transgender has been recognised as third gender with all rights and a right to reservation by the Supreme Court in the case of

(A) NAZ Foundation v. Government of NCT (Delhi)

(B) Baljit Singh v. State of Haryana

(D) Vajresh Venkatray Anvekar v. State of Karnataka

123. A demand or request for sexual favour from' a woman is punishable offence under Indian Penal Code 1860, under

(A) Section 354A

(B) Section 354C

(D) Section 354D

124. Voluntarily throwing or attempting to throw acid is an offence punishable under Indian Penal Code 1860, under

(A) Section 326A (B) Section 326B

125. Which of the following is an offence of continuing under Indian Penal Code, 1860?

(A) Rape (B) Theft

126. The offence of destruction of electronic record to prevent it’s production as an evidence is punishable under Indian Penal Code, 1860 under

(A) Section 201

(B) Section 204

(D) Section 202

127. The term “Harbour” defined under Indian Penal Code 1860, does not include

(A) Supplying a person with shelter

(B) Supplying a person means of conveyance

(D) Prior to the commission of the offence, facilitating the commission thereof

128. “A” Incites a dog to spring upon “Z” without “Z” consent with intention to annoy “Z”. Here “A” has committed the offence of

(A) Criminal, force

(B) Assault

(D) Defamation

129. “A” a police officer tortures “Z” in order to induce “Z” to confess that he has committed a crime. Here “A” a guilty of the offence of

(A) Assault

(B) Causing hurt to extort confession

(D) Attempt to cause hurt

130. Which of the following sections have been inserted in the Indian Penal Coder 1860 by the Criminal Law (Amendment) Act, 2013, namely

(A) Section 376A

(B) Section 37^6

(D) All of the above

131. The right of private defence does not extend to cause death of the offender, in which of the following offences

(A) Rape

(B) Kidnapping

(D) Causing miscarriage

132. When a women was taking bath in her bathroom, “X” captures the image in his mobile and upload it on her facebook page. What offence has been committed by “X”?

(A) Sexual assault

(B) Insulting the modesty of a woman

(D) Stalking

133. Which of the following is not a “sine qua non" for making a person criminally liable

(A) Actus reus

(B) Mens tea

(D) All the above

134. “A” under the influence of unsoundness attempt to kill “B”. “B” in attempting to defend himself caused grievous hurt to “A”. Here

(A) "A" is liable for attempt to murder and "B" is liable for causing hurt

(B) "A" commits no offence and "B" is liable for grievous hurt

(D) Both "A" and "B" are excused from liability

135. Statements under Section 161 of the Code of Criminal Procedure 1973 are recorded by the police

(A) During trial

(B) Before investigation

(D) During inquiry

136. Under Section 190 of the Coke of Criminal Procedure 1973, cognizance of offence is taken by the

(A) Judicial Magistrate

(B) Session Judge

(D) District Magistrate

137. During trial, statements of an accused person are recorded by the court under Code of Criminal Procedure 1973 under

(A) Section 311 (B) Section 312

138. Under Code of Criminal Procedure 1973, charge may be added or altered under

(A) Section 211

(B) Section 212

(D) Section 216

139. Under Code of Criminal Procedure, 1973 in a warrant case instituted on police-report, the trial begins when

(A) Charges are framed

(B) Accused appears

(D) None of the above

140. In which of the following trials under Code of Criminal Procedure 1973, hearing of the accused on sentence is not necessary

(A) in Session Trial

(B) in trial of warrant case

(D) in all of the above

141. “A” commits robbery on “B” and in doing so voluntarily causes hurt to him. Whether “A” may be separately charged under Section 323, 392, and 394 of the Indian Penal Code 1860?

(A) Yes

(B) No

(D) Depends upon the discretion of the court

142. Criminal Law (Amendment) Act 2013, came into effect on

(A) 6th April 2013

(B) 3rd February 2013

(D) 5th March 2013

143. Any dispute relating to the possession of immovable property under Code of Criminal Procedure 1973, is decided by the

(A) Judicial Magistrate

(B) High Court Judge

(D) Executive Magistrate

144. An accused person may be a competent witness in his own defence under the Code of Criminal Procedure 1973, in

(A) Section 312 (B) Section 313

145. The classification of offences has been given under the Code of Criminal Procedure 1973, under

(A) Section 320 (B) 1 Schedule

146. Section 91 of the Code of Criminal Procedure 1973, does not apply to

(A) The complainant

(B) The witness

(D) A person who is neither a complainant or accused or a witness

147. A person can be summoned as a witness under Section 160 of the Code of Criminal Procedure 1973, by

(A) Any police officer

(B) The station police officer

(D) None of the above

148. Under which Section of the Code of Criminal Procedure 1973, a District Magistrate or Sub- Divisional Magistrate may prevent environmental pollution?

(A) Under Section 151

(B) Under Section 133

(D) Under Section 107

149. Treatment of the victim has been incorporated under Code of Criminal Procedure 1973 by Criminal Law (Amendment) Act, 2013, under

(A) Section 198B

(B) Section 357B

(D) None of the above

150. In a First Information Report, an offence is cognizable and other is non-cognizable, the whole case shall be deemed to be

(A) Cognizable

(B) Non-Cognizable

(D) It is to be seen whether it is a summon case

151. Which of the following statements is true

(A) State Government shall establish a Court of Session with the consultation of High Court

(B) State Government shall establish a Court of Session

(D) The Supreme Court shall establish a Court of Session

152. The provisions of Code of Criminal Procedure 1973, other than those relating to Chapter VIII, X and XI, thereof shall not apply in which of the following

(A) State of Tripura

(B) State of Assam

(D) State of Nagaland

153. Under Code of Criminal Procedure 1973, a charge shall be written in the

(A) Language which accused understands

(B) Language which witnesses understands

(D) Hind language

154. What is the maximum default sentence that can be awarded in case of non-payment of compensation under Section 358 of the Code of Criminal Procedure, 1973

(A) 60 days

(B) 30 days

(D) 120 days

155. An order passed by a Magistrate under Section 446 of the Code of Criminal Procedure 1973, is appealable to

(A) Session Judge

(B) District Magistrate

(D) Supreme Court

156. If a person against whom an order under Section 133 of Code of Criminal Procedure, 1973 is made, appears and show cause against the order, the Magistrate shall

(A) Take evidence in the matter as in a summon case

(B) Take evidence in the matter as a warrant case

(D) Take no evidence

157. Which of the following is not an essential procedural requirement of Section 164 of the Code of Criminal Procedure, 1973 namely

(A) Warning to the accused

(B) Confession to be made voluntarily

(D) Memorandum at the foot of confession

158. Which Section of the Code of Criminal Procedure 1973, provides for confirmation by the High Court an order of death penalty passed by Session Court prior to it’s execution

(A) Section 366

(B) Section 371

(D) Section 368

159. The term “Res Sub Judice” means

(A) Stay of suit

(B) Stay of appeal

(D) Stay of execution

160. Under Section 100 of Civil Procedure Code 1908, “Second appeal” lies to the High Court only on the ground of

(A) Question fact

(B) Substantial question of law

(D) Mixed question of law and fact

161. Which of the following person may not file an application for execution under Civil Procedure Code, 1908 namely

(A) A decree holder

(B) Legal representative, if the decree holder is dead

(D) Judgment debtor

162. Who may apply for reference under Section 113 of the Code of Civil Procedure 1908

(A) A party to suit

(B) Court

(D) None of the above

163. “It Is a statement of claim, a document by presentation of which the suit Is instltuted’’.1t is called as

(A) Affidavit

(B) Written-statement

(D) Plaint

164. Order 42 of the Civil Procedure Code 1908 deals with the

(A) Appeal to Supreme Court

(B) Appeal by indigent person

(D) Appeal against orders

165. Which one of the following provision of Civil Procedure Code 1908 Is related to affidavit

(A) Order 17

(B) Order 19

(D) Order 39

166. Under which provision of CPC a plaint is rejected by the Courts in the absence of cause of action

(A) Order 7 Rule 11(a)

(B) Order 7 Rule 11(b)

(D) Order 7 Rule 11(c)

167. A “Caveat” shall not remain inforce after the expiry of

(A) 30 days of its filing

(B) 60 days of its filing

(D) 120 days of its filing

168. Under which provision of CPC attachment before judgement is provided

(A) Order 29 Rule 1,2

(B) Order 40 Rule

(D) Order 38 Rules 5-13

169. Execution of decree for specific performance for restitution of conjugal rights or for an Injunction is provided under Civil Procedure Code 1908, under

(A) Order 21, Rule 30

(B) Order 21, Rule 31

(D) Order 21, Rule 34

170. Maximum amount which a court may order for payment of compensatory cost In case of false or vexatious claims or defences under Civil Procedure Code 1908, is

(A) Rs. 10,000/-

(B) Rs. 3,000/-

(D) Any amount

171. A “Garneeshe order” under Civil Procedure Code, 1908 is issued to

(A) Judgment debtor

(B) Judgment debtor's creditor

(D) Judgment debtor's debtor

172. Which of the following order of CPC is related to “Set-off” and “counter-claims”

(A) Order VI

(B) Order VIII

(D) Order IX

173. Which of the following is not correctly matched according to Civil Procedure Code, 1908

(A) Legal Representative: Section 50

(B) Letter of Request: Section 77

(D) Res-Sub-Judice: Section 11

174. Civil Procedure Code (Amendment) Act 2002, was enforced from

(A) 1st April 2002 (B) 1st June, 2002

175. During proceedings for execution of a decree, if question arises as whether any person is or is not the representative of a party, such question must be determined by

(A) The court which passed the decree

(B) The court executing the decree

(D) None of the above

176. Supplementary proceedings under Section 94 of the Civil Procedure Code, 1908 does not include

(A) Arrest before judgment

(B) Attachment before judgment

(D) Appointment of executor

177. Under Civil Procedure Code, 1908 “Foreign Court” 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 of the above

178. “Guardian at litem” used under Civil Procedure Code, 1908 means

(A) A local commissioner

(B) A court

(D) A person defending a suit on behalf of a minor

179. Under which of the following section of Hindu Marriage Act, 1955, divorce by mutual consent has been provided

(A) Section 13A (B) Section 13B

180. In which of the following reports, the Law Commission recommended the “Breakdown Principle” to be accepted as the additional ground for divorce

(A) in 70th report

(B) in 72nd report

(D) in none of the above

181. When a child of opposite sex is proposed to be adopted, the adopter must be senior to It in age by at least ,

(A) 18 years (B) 21 years

182. Under Hindu Adoption & Maintenance Act, 1956 mandatory requirement for adoption of a child is

(A) Giving and taking

(B) Duttakhoman (Hawan)

(D) None of the above

183. Which of the following Is not a ground for divorce under Hindu Marriage Act, 1955

(A) Insanity

(B) Leprosys

(D) Veneral disease

184. According to court rulings, custody of a Hindu child upto the age of 5 years shall ordinarily be with the

(A) Father

(B) Sister

(D) Mother

185. During the pendency of appeal against the decree of divorce, the parties

(A) Are competent to solumnise second marriage

(B) May contract another marriage with the leave of the court

(D) None of the above

186. A boy of 16 years of age may validly be taken into adoption

(A) Bylaw

(B) By contract between parties

(D) If customer usage applicable to parties so permits

187. Laxmikant Pandey v. Union of India, AIR 1984 SC lays down the rule regarding

(A) Inter-country adoption

(B) Inter-caste marriage

(D) Right to maintenance

188. Registration of marriage has been made compulsory by Hindu Marriage Act, 1955 under

(A) Section 12 (B) Section 14

189. Section 14 of Hindu Marriage Act, 1955 imposes a ban for filing petition for

(A) Judicial Separation

(B) Divorce

(D) Void marriage

190. Every appeal from decrees \or orders under section 28 of Hindu Marriage Act, 1955 shall be preferred within how many days from the date of decree or order

(A) Within 90 days

(B) Within 60 days

(D) Within 30 days

191. Who is natural guardian of a married minor girl

(A) Father-in-law (B) Mother

192. Which of the following ceremonies is/are obligatory under Hindu Marriage Act, 1955 for a valid marriage

(A) Kanyadan

(B) Saptapadi

(Q Customary rites and ceremonies of either party

(D) All of the above

193. Children born out of void or voidable marriage under Sections 11 and 12 of Hindu Marriage Act, 1955 are deemed to be

(A) Illegitimate

(B) Illegitimate but can inherit the property of their parents

(D) Legitimate but can inherit the property of their parents only

194. A “Divorced” Hindu wife can claim maintenance under which of the following Acts

(A) Hindu Marriage Act only

(B) Hindu Marriage Act and Criminal Procedure Code 1973

(D) In all of the above

195. Rules relating to “Sapinda relationship” are based on the principle of

(A) Endogamy (B) Exogamy

196. The-“Breakdown theory” of divorce is reflected by which section of the Hindu Marriage Act, 1955

(A) Section 13(1) (B) Section 13(2)

197. The petitioner divorce by mutual consent may be presented according to Hindu Marriage Act, 1955, if the spouses have been living separately for a period of

(A) 1 year

(B) 2 years

(D) None of the above

198. The property of a Hindu woman dying intestate shall devolve firstly upon

(A) Heirs of mother

(B) Heirs of father

(D) Sons and daughters and the husband

199. Contingent interest in the property becomes a vested interest, on the happening of an uncertain event or when the happening of the event becomes

(A) Possible

(B) Impossible

(D) All of the above

200. Section 12 of the Transfer of Property Act, 1882 is not applicable

(A) Where the transfer is by way of sale

(B) Where the transfer is by way of gift

(D) Where the transfer is by way of lease

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