Previous Year Question Papers · Uttarakhand Judicial Service Examination, 2019

Uttarakhand Judicial Service Examination, 2019

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1. “Asylum stops where extradition begins”. Above statement was made by

(a) Kelsen

(b) Starke

(d) Cobbett.

2. Declaring a diplomat “persona non-grata” is a right of the

(a) Sending State

(b) Receiving State

(d) None of these.

3. The term ‘United Nations’ was suggested by

(a) Roosevelt

(b) Churchill

(d) M. Litinov.

4. The principal organs of the United Nations are those whose names are mentioned in

(a) Article 5 of the United’ Nations Charter

(b) Article 6 of the United Nations Charter

(d) Article 8 of the United Nations

5. In which Supreme Court case it was held that Preamble is the basic structure of the Constitution?

(a) Minerva Mills v. Union of India

(b) Keshavanand Bharati v. State of Kerala

(d) Nakara v. Union of India.

6. Out of the following who has not been elected as Judge of International Court of Justice?

(a) Dr. Nagendra Singh

(b) Dalveer Bhandari

(d) Ranganath Misra.

7. Which one of the following is known as “Earth Summit”?

(a) United Nations Framework Convention on Climate Change

(b) United Nations Conference on Environment and Development

(d) None of these.

8. Which is not a peaceful means of settlement of dispute under International Law?

(a) Retortion (b) Conciliation

9. How many members are in Security Council?

(a) 5 Permanent

(b) 10 Permanent

(d) None of these.

10. Which of the following statement is correct?

(a) The concept of Citizenship is relevant to International Law

(b) The concept of Citizenship is irrelevant.to Municipal Law

(d) The concept of Citizenship is irrelevant to International Law.

11. A person born not in the country of his parents, would be the national of the country where he is born on the basis of the principle of

(a) Jus Soli (b) Jus Sanguinis

12. Total number of Fundamental Duties provided under the Constitution of India

(a) 12 (b) 9

13. When a new State is formed through revolt, recognition usually granted is

(a) De Jure

(b) De Facto

(d) None of these.

14. Which of the following Amendment to the Constitution is related with reservation of seats in Educational Institutions for the economically weaker section of citizens?

(a) 123rd (b) 101st

15. In which of the following cases the Supreme Court has discussed the constitutional validity of Triple Talaq?

(a) Shayara Bano v. Union of India

(b) Naz Foundation v. Union of India

(d) Shabnam Hashmi v. Union of India.

16. Which Article of the Constitution of India provides for reservation of seats for women in Panchayats?

(a) Article 243A (b) Article 243B

17. ‘Right in rem’ is available against

(a) Particular person only

(b) Every one

(d) None of these.

18. Who among the following put the International Law as positive morality?

(a) Bentham (b) Austin

19. As per Indian Patents Act, 1970, criteria of Patentability in India are

(a) Novelty

(b) Inventive step

(d) All of these.

20. Who is not member of ‘SAARC’ in the following?

(a) Singapore

(b) India

(d) Bhutan

21. How many Constitution?

(a) 365

(b) 394

(d) 379 Indian

22. Article 17 of related to the Indian Constitution is

(a) Literacy

(b) Health

(d) Food Guarantee.

23. Which State of India has made rain water harvesting compulsory for every houses?

(a) Rajasthan (b) Maharashtra

24. Criminal Procedure Code has been included in which of the following lists?

(a) Union list (b) State list

25. Which is the 25th High Court of India?

(a) Shillong High Court

(b) Imphal High Court

(d) Amravati High Court.

26. ‘Procedure established by law’, the terminology is taken from the Constitution of which country?

(a) America (b) Japan

27. Which Article of the Indian Constitution defines the proclamation of emergency?

(a) Article 366(16) (b) Article 366(17)

28. Union Public Service Commission Members have tenure of office for

(a) Two years (b) Three years

29. Neuremberg Trial, Tokyo Trial, Peleus Trial and Eichmenn Trial related to whom?

(a) Laws of Aerial Warfare

(b) War Crimes

(d) Laws of Maritime Warfare.

30. Which one of the following principles are not related to recognition?

(a) Trobar Doctrine

(b) Munro Doctrine

(d) Estrada Doctrine.

31. Justice Daveer Bhandari has a re-elected term as Justice in the International Court of Justice for a term of

(a) 2017-2026 (b) 2018-2027

32. Which city of India received the cleanest city award on March 6, 2019?

(a) Ambikapur (b) Mysore

33. Which Justice has been appointed as the first Ombudsman of India?

(a) Justice Pradeep Kumar Mohanti

(b) Justice D.B. Bhosle

(d) Justice Ajay Kumar Tripathi.

34. Which is the 43rd member of the Australia group?

(a) China (b) Pakistan

35. Which of the following State Legislature has one house?

(a) Bihar , (b) Karnataka

36. In which case it was decided that the Preamble is not a part of the Constitution?

(a) In re: Berubari case

(b) Keshavananda Bharati case

(d) S.R. Bommai case.

37. The Sixth Schedule of the Constitution of India does not provide for the administration of the Tribal Areas in

(a) Assam (b) Manipur

38. Which of the following case has been decided by the International Permanent Court of Justice?

(a) Corfu Channel case

(b) Paquete Habana case

(d) Anglo-Norwegian Fisheries ’case.

39. ‘Ex Acqua et bono’ maxim is related to

(a) Source of International Law

(b) Law of Extradition

(d) Law of State Succession.

40. In which year World Health Organisation has been constituted?

(a) 1942 (b) 1944

41. Who is the writer of the book ‘Theory of Justice’?

(a) John Rawls (b) Stammler

42. The Prevention of Corruption (Amendment) Act, 2018 came info effect from

(a) 1st July, 2018

(b) 1st October, 2018

(d) 26th October, 2018

43. The decision of the International Court of Justice is signed by whom?

(a) The Chairman .

(b) The Registrar

(d) None of these.

44. For word ‘Uttaranchal’, the word ‘Uttarakhand’ was substituted by Uttaranchal (Alternation of Name) Act in the year

(a) 2001 (b) 2003

45. The Fugitive Economic Offenders Act, 2018 (Act 17 of 2018) shall be deemed to have come into force on

(a) 20th'March, 2018

(b) 20th April, 2018

(d) 22nd April, 2018.

46. ‘The Indian Constitution Corner Stone of a Nation’ Book was authored by

(a) John Austin

(b) Granville Austin

(d) H.L.A. Hart.

47. Which one of the Chief Justice of India was Vice-President of India from 1979 to 1984?

(a) M. Hidayatullah (b) S.M. Sikri

48. Which one of the following is a Neutralized State?

(a) India (b) Pakistan

49. What is the width of the excluded economic zone in International Law?

(a) 12 nautical miles

(b) 24 nautical miles

(d) 200 nautical miles

50. Who is the current Chairman of Union Public Service Commission?

(a) Arvind Saxena

(b) Dr. Pradeep Joshi

(d) Anirudha Yadav.

51. ‘A’ deposits a box of jewels with ‘B’, who is a well reputed person of his area. ‘C’ alleges that the jewels were wrongfully obtained from him by ‘A’, and claims them from ‘B’. Legally ‘B’ has which of the following options?

(a) to return the jewels to 'A'

(b) to deposit the jewels with police

(d) None of these.

52. Which one of the following is not a dispute settlement procedure referred under section 89 of the Code of Civil Procedure?

(a) Arbitration (b) Negotiation

53. Which of the following is/are the fundamental rules of pleading as set forth under Order VI, Rule 2 of the Code of Civil Procedure?

(a) Every pleading must state facts and not law only

(b) It must state material facts and not law only

(d) All of these.

54. A suit for partition contains which of the following decree?

(a) Only preliminary decree

(b) Only intermediate decree

(d) Both (a) and (c).

55. Which of the following deals with the exemption of members of legislative bodies from arrest and detention under the Code of Civil Procedure.

(a) Section 139B (b) Section 132A

56. Which of the following sections of the Code of Civil Procedure deals with stay of suit?

(a) Section 16 (b) Section 10

57. Which of the following deals with service of process on pleader in the Code of Civil Procedure?

(a) Order III, Rule 5

(b) Order II, Rule 2

(d) Order IV, Rule 8.

58. In which of the following case the Supreme Court held that, “where the witness became confused in the course of his examination, the Court could put questions to him to elicit the truth?

(a) State of Rajasthan v. Eni

(b) D.C. Wadhwa v. State of Bihar

d) Lila Dhar v. State of Rajasthan.

59. Which of the following grounds is not a appropriate ground for temporary injunction under the Code of Civil Procedure?

(a) That any property in dispute is in danger of being wasted.

(b) That the defendant threatens to dispose of his property.

(d) None of these.

60. A situation where a person who is either a necessary party or proper party has not been joined in the suit, is called

(a) Non-joinder (b) Mis-joinder

61. Confession of one accused person is relevant against another co-accused person under which following sections of the Indian Evidence Act?

(a) Section 26 (b) Section 27

62. Which of the following sections of the Indian Evidence Act deals with secondary evidence?

(a) Section 60 (b) Section 62

63. Dying declaration to be admissible in evidence which one of the following is not necessary?

(a) That it should relate to the cause of death of the person making such statement.

(b) That the person making of the statement was under the expectation of death.

(d) All of these.

64. In respect of digital signature, which of the following is a relevant fact?

(a) The court may direct that person' or authority to produce the digital signature certificate.

(b) That he himself recognizes his signature before the court.

(d) Such digital signature is not admissible in any proceeding before the court.

65. When can prosecution be allowed to ask leading question to its own witness?

(a) In examination-in-chief .

(b) In re-examination

(d) In all circumstances.

66. The principle that ‘possession is prima facie proof of ownership’ is contained under which section of the Indian Evidence Act?

(a) Section 106 (b) Section 109

67. Which one of the following term is not inclusive in section 8 of the Indian Evidence Act?

(a) Intention

(b) Preparation

(d) Conduct

68. Contents of electronic records are proved in accordance of which the provisions of the Indian Evidence Act?

(a) Section 65A (b) Section 65B

69. Evidence given by a witness, unable to communicate verbally in the Court by writing or sign, shall be deemed to be

(a) Circumstantial evidence

(b) Documentary evidence

(d) None of these.

70. Which one of the following is not correctly matched?

(a) Section 113B - Presumption as to dowry death

(b) Section 137 - Examination-in-chief

(d) Section 154 - Impeaching credit of witness.

71. Which one of the following sections of the Indian Evidence Act makes relevant the opinion of the certifying authority which issued the electronic signature?

(a) Section 45A (b) Section 47A

72. Which of the following pairs is not correctly matched under Indian Evidence Act?

(a) Section 45 - Opinions of experts

(b) Section 67A - Proof as to electronic signature

(d) Section 124 - Professional communication.

73. Which one of the following sections of Indian Evidence has been substituted by the Information Technology Act, 2000?

(a) Section 29 (b) Section 35

74. Which section of the Indian Evidence Act, makes the provision that there shall be no new trial on the ground of improper admission or rejection of evidence?

(a) Section 167 (b) Section 161

75. Which of the following documents is ‘Public Document’?

(a) only the documents forming records of the acts of sovereign authority.

(b) only the documents forming records of the acts of official bodies.

(d) All of these.

76. Which of the following questions shall not be asked in examining a witness?

(a) only that which is intended to insult.

(b) only that which is intended to annoy.

(d) All of these.

77. Under which section of the Indian Evidence Act, provisions for presumption as to gazettes in Electronic form has been made?

(a) Section 85C (b) Section 81A

78. All facts, except the contents of documents may be proved by

(a) Primary evidence

(b) Secondary evidence

(d) Circumstantial evidence.

79. Which one of the following is not the exception to the rule of hearsay under the law of evidence?

(a) Expert's opinion

(b) Dying declaration

(d) Res gestae.

80. Which section of the Indian Evidence Act deals only with civil matters?

(a) Section 19 (b) Section 20

81. Section 115 of the Indian Evidence Act is founded upon the doctrine laid down in which one of the following case?

(a) Banwari Lal v. Sukhdarshan

(b) Pikard v. Sears

(d) Vishnu Datt Sharma v. Dayasharan.

82. Under which one of the following sections of the Indian Evidence Act, a Judge is empowered to ask any question relevant or irrelevant to a witness or a party to a suit?

(a) Section 164 (b) Section 165

83. In which section of the Indian Evidence Act the words ‘to form part of the same transaction’ are provided?

(a) Section 12 (b) Section 9

84. Who delivered the dissenting (minority) judgment in the Triple Talaq case?

(a) Justice Kurian Joseph

(b) Justice Khehar Singh

(d) Justice U.U. Lalit.

85. Under the Waqf Act, 1995 the power of Tribunal to determine disputes regarding is given in which of the following section?

(a) Section 6 (b) Section 9

86. Under the Dissolution of Muslim Marriages Act, 1939 option of puberty is available to

(a) The husband only

(b) The wife only

(d) Husband and wife both with approval of guardian.

87. Which one is not a recognized branch of ! Sunni School of Muslim Law?

(a) Ithana Ashari (b) Hanafi

88. Which one of the following is not correct with reference to Legal incidence of Wakf?

(a) The wakif ceases to have any interest in it.

(b) The property ceases to be heritable.

(d) The wakif has right to alter the Wakf.

89. Govind Dayal v. Inayatullah is a leading case on which of the following?

(a) Wakf (b) Pre-emption

90. Jurisdiction of Family Court applies to which of the following community?

(a) Lingayat (b) Muslims

91. Under the Dissolution of Muslim Marriage Act, 1939 a Muslim marriage may be dissolved in which of the following

(a) By the husband alone by pronouncing talaq.

(b) By the wife pronouncing reverence of relationship.

(d) By the Court in a petition filed by the wife.

92. Muta Marriage is permitted under which of the following?

(a) In all branches of Hanafi School

(b) In only Ithana Asharia branch of Shia School

(d) In all the branches of Shia School.

93. \Which of the following sections of the Indian Evidence Act has been amended by the Criminal Law (Amendment) Act, 2018. Select the correct answer with the help of code given below:

(1) Section 53A

(2) Section 119

(3) Section 146

Code:

(a) Only (1) is correct

(b) Only (2) and (3) are correct

(d) Only (3) is correct.

94. Muslim Law does not apply to which of the following?

(a) Gifts

(b) Maintenance

(d) Succession to agricultural land.

95. Limitation of filing appeal against decrees under Hindu Marriage Act, 1955 is from date of decree is

(a) 30 days (b) 45 days

96. Dastane v. Dastane related to which of the following matter in Hindu Law?

(a) Restitution of conjugal rights

(b) Cruelty

(d) Sapinda.

97. Which one of the following is not the ground of Judicial separation under section 10 of the Hindu Marriage Act, 1955?

(a) Adultery

(b) Cruelty

(d) Missing of less than seven years.

98. “No petition of divorce can be presented within one year of marriage.” It is provided in which following sections of the Hindu Marriage Act?

(a) Under section 14

(b) Under section 12

(d) Under section 11.

99. Right of a child in womb is given under which one of the following sections of the Hindu Succession Act?

(a) Section 24 (b) Section 22

100. Which of the following is not the heir of Class II of the Hindu Succession Act, 1956?

(a) Father

(b) Father's father, father's mother

(d) Brother and sister by uterine blood.

101. No person shall be entitled to dispose of or deal with the property of a Hindu minor merely because on the ground of his or her being the de facto guardian of the minor is provided under which of the following sections of the Hindu Minority and Guardianship Act?

(a) Section 10 (b) Section 11

102. The adoption is to be proved as fact and the burden is on the person who asserts, is held in which of the following case?

(a) Sitabai v. Ramchandra

(b) Kishori Lal v. Chaltibai

(d) Smt. Vijaya Manohar v. Kashi Rao Rajaram.

103. Under Sunni Law in the matter of inheritance, what is share of son in his father’s property except land after death of father?

(a) 1/3 of the property

(b) 1/2 of the property

(d) There is no specific share.

104. Under which section of the Hindu Marriage Act, 1955 provision has been made for permanent alimony and maintenance?

(a) Section 24 (b) Section 26

105. Who is the natural guardian of a married girl?

(a) Her Mother

(b) Her Father

(d) Her Father-in-law.

106. Which one of the following sections of the Hindu Marriage Act relates to voidable marriage?

(a) Section 10 (b) Section 13

107. Tagore v. Tagore laid down which one of the following rule of law?

(a) A Hindu cannot dispose of his property by gift intervene in favour of an unborn child.

(b) Karta of a Joint Hindu Family has power to intervene into family matters.

(d) Adoption of an orphan is not valid.

108. Which one of the following sections of the Cr.P.C. deals with ‘evidence for defence’?

(a) Section 264 (b) Section 243

109. Power of the Court to convert summons cases into warrant cases is provided under which one of the following sections of the Cr.P.C.?

(a) Section 302 (b) Section 259

110. Claims and objections to attachment of property is provided under which one of the following sections of the Cr.P.C.?

(a) Section 84 (b) Section 85

111. The validity of an order made under section 144 of Cr.P.C. is

(a) three months (b) four months

112. The power to postpone the execution of death sentence is conferred on

(a) The Court of Session

(b) The Court of Judicial Magistrate

(d) The Court of District Magistrate.

113. An accused person shall be a competent witness according to which one of the sections of Cr.P.C.?

(a) Section 314 (b) Section 316

114. Which form mentioned in the Second Schedule of Cr.P.C. is related with ‘Charge’?

(a) Form 31 (b) Form 32

115. According to section 97 of the Cr.P.C., who is not competent to issue a search warrant?

(a) The District Magistrate

(b) The Sub-divisional Magistrate

(d) The Court of Session.

116. Which case is related to the power of the Court to examine the accused?

(a) Baba v. Maharashtra

(b) Durbal Singh v. State only

(d) None of these.

117. If an intestate has left no heir qualified to succeed to his or her property, such property shall devolve on which of the following?

(a) State Government

(b) Brothers

(d) None of these.

118. Under Hindu Succession Act, one person is said to be ‘agnate’ of another if the two are related

(a) by blood or adoption wholly through males

(b) by blood or adoption but not wholly through males

(d) None of these.

119. Which of the following offences under the Indian Penal Code are covered under section 95 of the Cr.P.C.?

(a) Section 124A only

(b) Section 153A and section 153

(d) Section 242.

120. The High Court may exercise its inherent power under section 482 on which of the following grounds?

(a) in rarest of rare case

(b) in ex debito justice

(d) All of these.

121. If a Judge dies after writing his judgment but before delivering in open court, then the judgment shall be considered as

(a) Judgment of the Court'

(b) Opinion of the Judge

(d) None of these.

122. Who may record confession under section 164 of the Cr.P.C.?

(a) Any judicial Magistrate having jurisdiction only

(b) Any Judicial Magistrate not having jurisdiction only

(d) All of these.

123. In which of the following case it was held that the function of the police and judiciary is complementary to each other?

(a) King Emperor v. Nnjir Ahmad

(b) Anand Chintamani Dighe v. State of Maharashtra

(d) None of these.

124. Under the Criminal Procedure Code, which of the following is not correctly matched?

(a) Medical Examination of the Victim of rape - Section 164A

(b) Letter of request to competent • authority for investigation in a country or place India- Section 166A

(d) Diary of proceedings in investigation - Section 172.

125. Which one of the following sections of the Criminal Procedure Code provides ‘Victim Compensation Scheme’?

(a) Section 357 (b) Section 357A

126. “Name of the victim of sexual offence shall not be mentioned.”

(a) S. Ramkrishna v. State of Uttar Pradesh

(b) Bahoant Rai v. Changi Ram

(d) Ramapati v. State of Bihar.

127. A Magistrate empowered under section 190 of Cr.P.C. may order an investigation by police in a cognizable offence. This is provided under which of the following sections of Cr.P.C.

(a) Section 154(3) (b) Section 155(3)

128. Discharge of the accused before trial has been provided under which of the following sections of the Criminal Procedure Code?

(1) Section 227

(2) Section 239

(3) Section 255

Code:

(a) Only (1) is correct

(b) Only (2) is correct

(d) Both (1) and (3) are correct.

129. Consider the following statements to summary trial under the Criminal Procedure Code and choose the correct answer with the help of the code given below.

(1) Offences under sections 454 and 456 of the Indian Penal Code may be tried by summary trial.

(2) Sentences under summary trial shall not be passed less than three months.

(3) Procedure of trial of summon case shall be followed in summary trial.

Code:

(a) Only (1) and (2) correct

(b) Only (2) and (3) correct

(d) Only (1), (2) and (3) correct.

130. Section '41B was inserted in the Criminal Procedure Code by the Criminal Procedure Code (Amendment) Act in which of the following year?

(a) in 2008 (b) in 2010

131. No Court shall take cognizance of an offence under the Criminal Procedure Code after the expiry of the period of limitation under section 468. Which one of the following is not correct?

(a) Six months, if the offence is punishable with fine only

(b) One year, if the offence is punishable with imprisonment for a term not exceeding one year

(d) Three years, if the- offence is punishable with imprisonment for a term not exceeding one year but not exceeding three years.

132. “Irregularities which do not vitiate proceedings” is provided in which of the following sections of the Criminal Procedure Code?

(a) Section 461 (b) Section 460

133. Power of High Court to confirm sentence is provided under which of the following sections of the Criminal Procedure Code?

(a) Section 366 (b) Section 367

134. Which one of the following is not correctly matched in the Criminal Procedure Code?

(a) Section 2(d) - Complaint

(b) Section 2(h) - Investigation

(d) Section 2(w) - Victim.

135. Which of the following pairs is not correctly matched under Indian Penal Code?

(a) Section 93 - Communication made in good faith

(b) Section 95 - Act causing slight harm

(d) Section 54A - Definition of 'appropriate movement'

136. A man monitors the use by a woman of internet, e-mail or any other form of electronic communication, commit the offence of

(a) Trafficking of woman

(b) Sexual harassment

(d) Stalking.

137. The punishment for attempting to commit offence punishable with imprisonment for life or other imprisonment is provided in

(a) under section 511, IPC

(b) under section 509, IPC

(d) under section 507, IPC.

138. The offence of ‘attempt to commit culpable homicide’ is punishable under which of the following section of IPC?

(a) Section 304 (b) Section 308

139. ‘A’ puts jewels into a box belonging to ‘B’ with the intention that they may be found in that box, and this circumstances may cause ‘B’ to be convicted of heft. ‘A’ has committed the offence under which section of IPC given below?

(a) Section 191 (b) Section 193

140. ‘A’ a carrier, is entrusted by ‘Z’ with property to be carried by land or by water. ‘A’ dishonestly misappropriates property.

(a) Criminal misappropriation of property

(b) Cheating

(d) Criminal breach of trust by carrier, etc.

141. When a person tries to escape from lawful custody while taken to a Magistrate to furnish security for good behaviour could be punished under the provision of:

(a) Section 224, IPC

(b) Section 225, IPC

(d) Section 225B, IPC.

142. A young man waves a currency note of rupees two thousand in front of a woman as if he offer the money for an indecent favour from the woman, he may be criminally booked under:

(a) Section 509, IPC

(b) Section 489B, IPC

(d) Section 354B, IPC.

143. Under which one of the following section of the Indian Penal Code the offence of ‘Voyeurism’ has been defined?

(a) Section 354A (b) Section 354B

144. Section 195A of Indian Penal Code is related to:

(a) Punishment for false evidence

(b) Threat to give false evidence

(d) Issuing or signing false certificate.

145. When two or more persons indulge in fighting at a public place and thereby commit breach of peace, they commit the offence of:

(a) Robbery (b) Riot

146. ‘A’ signs his own name to a Bill of Exchange, intending that it may be believed that the Bill was drawn by another person of same name. ‘A’ has committed the offence of:

(a) Cheating

(b) Mischief

(d) Fabricating false evidence.

147: President’s resignation shall be given to:

(a) Speaker of House of People

(b) Vice-President

(d) Prime Minister.

148. Which one of the following is not an essential element of the offence of acid attack mentioned under section 326A of the IRC?

(a) Partial damage, deformity or burn

(b) Maiming, disfigurement or disablement

(d) Only bodily pain.

149. ‘A’ causes cattle to enter upon the field belonging to ‘Z’, intending to cause damage of 'Z’s crops. ‘A’ committed the offence of

(a) Cheating .

(b) Mischief

(d) None of these.

150. Right to private defence is available to all irrespective of gender and age of person except:

(a) Police Officers

(b) Officers of armed forces

(d) Officers of B.S.F.

151. The minimum punishment in term of imprisonment provided under the Indian Penal Code is:

(a) 24 hours (b) 7 days

152. The word illegal as defined in the Indian Penal Code means:

(a) everything which is an offence only

(b) everything which is prohibited by law only

(d) All of these.

153. ‘A’ a private doctor running his own clinic, refuses to provide medical treatment to ‘B’, a victim of acid attack.

(a) Section 166 (b) Section 166A

154. Whoever by force compels, or by any deceitful means induces, any person to go from any place, commit the offence of:

(a) wrongful restraint (b) abduction

155. Dishonest misappropriation of property possessed by deceased person at the time of his death, is an offence punishable under the Indian Penal Code in:

(a) Section 404 (b) Section 406

156. Section 497 of the Indian Penal Code is struck down by the Supreme Court in which of the following case?

(a) Navtej Singh Johar v. Union of India

(b) Joesh Shine v. Union of India

(d) Naz Foundation Trust v. Suresh Kumar Kaushal.

157. Which one of the following is not the ingredients of the section 34 of the Indian Penal Code?

(a) Criminal act done by several person

(b) In the furtherance of common intention

(d) Similar intention of those who involved in the crime.

158. The principle of section 17 of the Transfer of Property Act is based on which one of the following cases?

(a) Girijesh v. Dattadin

(b) Chamaru Sahu v. Sana Kuer

(d) None of these.

159. ‘A’ transfer property to ‘B’ in trust for ‘C’ and directs ‘B’ to give possession of the property to ‘C’ when he attains the age of 25. ‘C’ has:

(a) contingent interest

(b) vested interest

(d) No interest.

160. The object of the principle of lis pendens is to:

(a) only maintaining the status quo

(b) only restraining further litigation

(d) All of these.

161. Which one of the following is not a constructive notice?

(a) Gross negligence regarding to a fact

(b) Registration

(d) Definite knowledge.

162. A lessee is not entitled to the right of marshalling under which one of the following sections of the T.P. Act?

(a) Section 55 (b) Section 56

163. Which one of the following sections provides statutory duties of a mortgagee in possession under the Transfer of Property Act?

(a) Section 78 (b) Section 76

164. Who among the following cannot sale and purchase an actionable claim?

(a) Only Judge

(b) Only legal practitioner

(d) All of these.

165. Which one is not an exception of defamation under section 499 of Indian Penal Code?

(a) Public conduct of public servant

(b) Malicious statements

(d) Publication of reports or proceedings of Court.

166. Which one is not a theory of attempt for section 511 of Indian Penal Code?

(a) Proximity rule

(b) Theory of impossibility

(d) Durhum rule.

167. In case of gift if the donor dies before acceptance of the gift. The gift will be:

(a) Valid

(b) Void

(d) Subject to decision of the Court.

168. Within the meaning of section 100 of the Transfer of Property Act, a charge:

(a) requires attestation and proved in the same way as a mortgage

(b) requires attestation and does not prove as a mortgage

(d) does not prove as a mortgage.

169. In the following three cases, which lease of immovable property can be made only by a registered instrument?

(a) only a lease from year to year

(b) only a lease for a term exceeding one year

(d) All of above.

170. The provisions regarding transfer of actionable claims are mention under Transfer of Property Act in

(a) Section 130 (b) Section 122

171. In which one of the following cases it was held that surrender by tenant is not transfer?

(a) Bachchu v. Harbansh

(b) Makhanlal Saha v. N.N. Adhikari

(d) None of these.

172. ‘A’ makes an absolute gift of a house to ‘B’ with a direction that ‘B’ shall reside in it. The gift:

(a) is not valid and direction is void

(b) is valid and direction is also valid

(d) None of these.

173. ‘Double possibility rule’ was laid down in which one of the following cases?

(a) Whit by v. Mitchell

(b) Indu Kakkar v. Haryana State

(d) None of these.

174. Doctrine of acceleration is given under which section of the Transfer of Property Act?

(a) Section 25 (b) Section 24

175. The provision regarding ‘apportionment by time’ is given under which of the following sections of the Transfer of Property Act?

(a) Section 35 (b) Section 36

176. A co-owner of immovable property under Transfer of Property Act, may make a

(a) valid transfer of property

(b) only can give possession

(d) cannot make transfer of that property.

177. Right of redemption can be exercised

(a) only by paying the mortgage money to the mortgagee

(b) only by depositing the mortgage money in Court

(d) All of these.

178. Exchange under Transfer of Property Act, is equal to

(a) partition (b) gift

179. The case of Arif v. Yadunath is related which of the following?

(a) Apportionment

(b) Fraudulent transfer

(d) None of these.

180. How many types of mortgage are given in section 58 of the Transfer of Property Act?

(a) 5 (b) 6

181. ‘Once a mortgage always a mortgage’ was laid down in which one of the following cases?

(a) In Nokes & Co. v. Rice

(b) In Alderson v. White

(d) None of these.

182. A lease can be determined by:

(a) By Efflux of time

(b) By Implied surrender

(d) All of these.

183. Dhulabhai v. State of Madhya Pradesh is related to which of the following under CPC?

(a) Jurisdiction of Civil Court

(b) Pleadings

(d) First Appeal.

184. Which of the following judgments of the Supreme Court deals with the applicability of res judicata in writ petitions?

(a) L.I.C. v. India Automobiles & Company

(b) Daryao v. State of Madhya Pradesh

(d) Premier Automobiles v. Kamlakar.

185. The object of oral Examination under Order X, Rule 2 of Civil Procedure Code, is

(a) to record evidence

(b) to secure admissions

(d) to elucidate the matter in controversy in the suit in.

186. Which of the following remedies may be sought against ex parte decree?

(a) Only application under Order IX, Rule 13, CPC

(b) Only appeal under section 96(2), CPC

(d) None of these.

187. If the order to amend the pleadings does not contain time limit to amend, party can made the amendment within.

(a) 30 days (b) 15 days

188. Period of detention in civil imprisonment as a consequent of disobedience or breach of any injunction, shall not exceed.

(a) 1 month (b) 3 months

189. The principle of ‘feeding the grant by estoppel’ is given in which one section of the Transfer of Property Act?

(a) Section 40 (b) Section 42

190. ‘He who seeks equate must do equity, is the juristic basis of which one of the following sections of the Transfer of Property Act?

(a) Section 49 (b) Section 50

191. Section 89 of the Code of Civil Procedure deals with which one of the followings?

(a) Appointment of receiver

(b) Interpleader suit

(d) Execution of decree.

192. ‘Judgment’ means

(a) Part of the decree

(b) Statement of Judges on the grounds of a decree or order

(d) None of these.

193. Under which of the following provisions of C.P.C., a plaint is rejected by the Court in absence of cause of action?

(a) Order VII, Rule 11(f)

(b) Order VII, Rule 11(b)

(d) Order VII, Rule 11(a).

194. Which one of the following statement is not true in relation to power of appellate court under Code of Civil Procedure?

(a) It can determine a case finally

(b) It can remand a case

(d) It can frame issue and refer them for trial.

195. An appeal shall not lie from which of the following order under Code of Civil Procedure?

(a) Section 35A (b) Section 35B

196. Who amongst the following may sue for public nuisance and other wrongful acts affecting the public?

(a) The Advocate General only

(b) With the leave of the. Court by two or more persons only

(d) ,(a) and (b) both.

197. “A bundle of facts which taken with the law applicable to then gives the plaintiff the right to relief against the defendant.” It is called as

(a) Plaint

(b) Written statement

(d) None of these.

198. What shall be status a suit on party’s death?

(a) The death of plaintiff will abate the suit

(b) The death of the defendant will abate the suit

(d) The death of plaintiff or defendant will not cause the suit to abate if the right to sue survives.

199. Place of suing is mentioned in which part of Civil Procedure Code?

(a) Part I (b) Part II

200. Where a suit is wholly or party dismissed under Order IX, Rule 8 of CPC, the plaintiff

(a) may bring a fresh suit

(b) shall be precluded from bringing a fresh suit

(d) None of these.