Himachal Pradesh Judicial Service Examination, 2019

PAPER I - CIVIL LAW-I

1. The previous conviction of a person is relevant under Indian Evidence Act, 1872 under:

(A) Section 14 Explanation I

(B) Section 14 Explanation II

(D) Section 8 Explanation II

2. A witness cannot be converted into an accused person, though may be compelled to answer questions relating to an offence. Under which section of the Indian Evidence Act, 1872 this immunity is granted to a witness?

(A) Under section 148

(B) Under section 163

(D) Under section 132

3. In which of the following cases the Supreme Court of India observed that even a student may be treated as an expert under section 45 of the Indian Evidence Act, 1872?

(A) Bhoginbhai Hirjibhai v. State of Gujarat (1983).

(B) Shankaria v. State of Rajasthan (1978). .

(D) Punjab Singh v. State of Haryana (1984).

4. Which section was inserted by the Specific Relief (Amendment) Act, 2018, which gives the power to the Courts to engage experts where it considers the same necessary?

(A) Section 13A

(B) Section 14A

(D) Section 16A.

5. Where an instrument is evidence of different rights of different obligation, the Court may, in proper case, cancel it in part and allow it to stand for the residue. This provision is provided in the Specific Relief Act under:

(A) Section 21

(B) Section 32

(D) Section 40.

6. Against a decree passed in a suit filed under section 6 of the Specific Relief Act:

(A) Only review is allowed

(B) Appeal can be filed

(D) None of the above.

7. In a suit for specific performance of agreement of sale of immovable property, the plaintiff must aver and prove the following:

(A) That plaintiff paid the entire sale consideration.

(B) That plaintiff obtained clearance from all authorities.

(D) That plaintiff is ready and willing to perform his part of contract.

8. When an instrument does not express the real intention of parties, the same may be rectified under which of the following sections of the Specific Relief Act?

(A) Section 25

(B) Section 26

(D) Section 28.

9. A declaratory decree passed under section 34 of Specific Relief Act, 1963 operates:

(A) Jus in rem

(B) Jus in personam

(D) None of these.

10. In section 3 of the Himachal Pradesh Courts Act, 1976 providing for the establishment of some Courts which of the following is not expressly mentioned:

(A) The Court of District Judge.

(B) The Court of Additional District Judge.

(D) The Court of Civil Judge.

11. “An appeal shall not lie to the High Court from a decree or order of an Additional District Judge in any case, in which, if the decree or order had been made by the District Judge, an appeal would not lie to that Court.” This is provided by:

(A) Section 15(2), Himachal Pradesh Courts Act, 1976.

(B) Section 18(2), Himachal Pradesh Courts Act, 1976.

(D) Section 22(2), Himachal Pradesh Courts Act, 1976.

12. Section 25 of the Himachal Pradesh Courts Act, 1976 makes provisions regarding petition writers providing that the High Court may from time to time make rules consistent with this Act and any other enactment for the time being in force. Which of the following purposes for rule making is not mentioned in that section?

(A) Declaring what persons shall be permitted to art as petition writer in the Courts subordinate thereto.

(B) Engaging associates for petition writers to assist them in their work whenever necessary.

(C) Regulating the issue of licences to such persons, the conduct of business by them, and the scale of fees to be' them; and

(D) Determining the authority by which breaches of such rules shall be investigated and the penalties which may be imposed.

13. An application for grant of temporary injunction, in case of grant of ex parte temporary injunction, should be endeavoured to be decided within:

(A) Thirty days as provided under Order XXXIX, Rule 3A of CPC

(B) Forty days as provided under Order XXXIX, Rule 4A of CPC

(D) Ninety days as provided under Order XXXIX, Rule 6A of CPC.

14. Any person who, — (A) with intent to defraud the Government of duty, draws, makes or issues any bill of exchange or promissory note bearing a date subsequent to that on which such bill or note is actually drawn or made; or, (B) knowing that such bill or note has been so post - dated, endorses, transfers, presents for acceptance or payment, or accepts, pays or receives payment of, such bill or note, or in any manner negotiate the same; or, (C) with the like intent, practices or is concerned in any act, contrivance or device not specially provided for by this act or any other law for the time being in force; shall be punishable with:

(A) fine which may extend to five hundred rupees under section 67 of the Indian Stamp Act as applicable in the State of Himachal Pradesh.

(B) fine which may extend to one thousand rupees under section 68 of the Indian Stamp Act as applicable in the State of Himachal Pradesh.

(C) fine which may extend to two thousand rupees under section 69 of the Indian Stamp Act as applicable in the State of Himachal Pradesh.

(D) fine which may extend to three thousand rupees under section 70 of the Indian Stamp Act as applicable in the State of Himachal Pradesh.

15. Any person appointed to sell stamps who disobeys any rule made under section 74; and (B) any person not so appointed who sells or offers for sale any stamp (other than a tqn naye paise for five naye paise adhesive stamp);

(A) Imprisonment for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both under section 74 of the Indian Stamp Act as applicable in the State of Himachal Pradesh.

(B) Imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees or with both under section 71 of the Indian Stamp Act as applicable in the State of Himachal Pradesh.

(C) Imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both under section 69 of the Indian Stamp Act as applicable in the State of Himachal Pradesh.

(D) Imprisonment for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both under section 66 of the Indian Stamp Act as applicable in the State of Himachal Pradesh.

16. Which of the following is correct?

(A) No Magistrate other than a Presidency Magistrate or a Magistrate whose powers are not less than of a Magistrate of the first class, shall try any offence under Indian Stamp Act an applicable in the State of Himachal Pradesh Act as specified in its section 51.

(B) No Magistrate other than a Presidency Magistrate or a Magistrate whose powers are not less than those if a Magistrate of the second class, shall try any offence under Indian Stamp Act as applicable in the State of Himachal Pradesh Act as specified in its section 71.

(C) No Magistrate other than a Presidency Magistrate or a Magistrate whose powers are not less than those of a Chief Judicial Magistrate shall try any offence, under Indian Stamp Act as applicable in the State of Himachal Pradesh Act as specified in its section 81.

(D) No Magistrate other than a Presidency Magistrate or a Magistrate whose powers are not less than those of a Magistrate of the second class, shall try any offence under the Indian Stamp Act as applicable in the State of Himachal Pradesh Act as specified in its section 91.

17. Choose the correct statement from the following:

(A) "Bill of exchange" means a bill of exchange as defined by the General Clauses Act, 1897, and includes also a himdi, and other document entitling or purporting to entitle any person, whether named therein or not, to payment by any other person of, or to draw upon any other person for any sum of money as defined under section 2(5) of Indian Stamp Act as Singhal's—Judicial Service Examinations applicable in the State of Himachal Pradesh.

(B) "Bill of exchange" means a bill of exchange as defined by the Sale of Goods Act, 1930, and includes also a hundi, and any other document entitling or purporting to entitle any person, whether named therein or not, to payment by any other person of, or to draw upon any other person for, any sum of money as defined under section 2(4) the Indian Stamp Act as applicable in the State of Himachal Pradesh.

(C) "Bill of exchange" means a bill of exchange as defined by the Banking Regulations (Amendment) Act, 2017, and includes also a hundi, and any other document entitling or purporting to entitle any person, whether named therein or not, to payment any other person of, or to draw upon any other person for, any sum of money as defined under section 2(3) the Indian Stamp Act as applicable in the State of Himachal Pradesh.

(D) "Bill of exchange" means a bill of exchange as defined by the Negotiable Instruments Act, 1881, and includes also a hundi, and any other document entitling or purporting to entitle any person, whether named therein or not, to payment by any other person of, or to draw upon any other person for, any sum of money as defined under section 2(2) the Indian Stamp Act as applicable in the State of Himachal Pradesh.

18. In which of the following latest cases the Supreme Court of India made the following important observations:

“The expression "Lease” under the Stamp Act has a wider meaning as compared to its original meaning contained in section 105 of Transfer of Property Act ...If “lease” under section 2(16) of the Stamp Act includes therein four specified category of documents set out in clauses (A) to (D), we do not find any such inclusion in section 105 of the Transfer of Property Act. It is for this reason, we are of the view that definition of “Lease” for the purpose of Stamp Act is extensive in nature. It is also clear from the use of the expression “and includes also” in section 2(16) of the Stamp Act... So by fiction, “any instrument by which tolls of any description are let” is considered as “Lease” for the purpose of payment of stamp duty under the Stamp Act, 1899.”

(A) Nasiruddin v. The State of Uttar Pradesh, (2018) 1 SCC 754

(B) Aamira Fatima v. Annamalai v. Union of India, (2018) 9 SCC 171

(D) Navtej Singh Johar v. Union of India, (2018) 10 SCC 1.

19. No instrument chargeable with duty shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon, registered or authenticated by any such person or by any public officer, unless such instrument is duly stamped. However, more provisions exist in this regard in the Indian Stamp Act. Finds on correct option out of the following such provisions:

(A) Any such instrument shall be admitted in evidence on payment of the duty with which the same is chargeable, or, in the case of any instrument insufficiently stamped, of the amount required to make up such duty, together with a penalty of five rupees. Or when ten times the amount of the proper duty or deficient portion thereof exceeds five rupees, of a sum equal to ten times such duty or portion.

(B) Where any person from whom a stamped receipt could have been demanded, has given an unstamped receipt and such receipt, if stamped, would be admissible in evidence against him, then such’ receipt shall be admitted in evidence against him on payment of a penalty of one rupee by the person tendering it.

(D) Both (A) and (B) are incorrect under section 35 the Indian Stamp Act as applicable in the State of Himachal Pradesh.

20. Situation: Application was filed under Order XXI, Rule 90 read with section 47, CPC for setting aside a Court auction¬sale. Order dismissing the application was though appealable but no appeal was filed and sale was confirmed under Order XXI, Rule 92(1), and confirmation of sale was not questioned whereby auction purchase attained finality. The Supreme Court of India examined this situation recently. What was the response of the applicant in this matter? Specify out of the following options:

(A) By virtue of Rule 92(3) applicant/ objector would not be barred from bringing fresh suit to set aside sale on same ground.

(B) By virtue of Rule 92(3) applicant/ objector would be barred from bringing fresh suit to set aside sale on same ground.

(C) By virtue of Rule 92(4) applicant/ objector would be barred from bringing fresh suit to set aside sale on same ground.

(D) By virtue of Rule 92(4) applicant/ objector would not be barred from bringing fresh suit to set aside sale on same ground.

21. In which case the Supreme Court of India dealt with the situation as in previous question i.e., “An application was filed under Order XXI, Rule 90 read with section 47, CPC for setting aside a Court auction¬sale. Order dismissing the application was though appealable but no appeal was filed and sale was confirmed under Order XXI, Rule 92(1), and confirmation of sale was not questioned whereby auction purchase attained finality”.

(A) Siddagangaiah v. U.K. Giriraja Shetty, (2018) 7 SCC 278

(B) Selvi v. Gopalakrishnan Nair, (2018) 7 SCC 319

(D) Union of India v. Hardy Exploration and Production (India) Inc., (2018) 7 SCC 374.

22. Which provision of Code of Civil Procedure, 1908 debars a tenant from filing an inter¬pleader suit against his landlord?

(A) Section 88

(B) Order XXXV, Rule 3

(D) None of these.

23. Which section of Code of Civil Procedure, 1908 States that place of trial is to be deemed to be Open Court?

(A) 153

(B) 153A

(D) 153C.

24. A decree for restitution of conjugal rights may be enforced under Order XXI, Rule 32 of Code of Civil Procedure, 1908, by:

(A) Imposition of fine

(B) Attachment of property

(D) All of these.

25. Can in any situation a suit, akin to public interest litigation, be instituted under Civil Procedure Code even though no special damage has been caused to persons willing to file the suit?

(A) No, only a writ petition lies under Article 226 of the Constitution.

(B) No, only a writ petition lies under Article 32 of the Constitution.

(D) Yes, a suit lies under a section 92 Civil Procedure Code.

26. Any person can be appointed guardian for a suit only:

(A) On his oral consent under Order XXXII, Rule 4 of Civil Procedure Code.

(B) On his consent in writing under Order XXXII, Rule 4 of Civil Procedure Code.

(D) On neither (A) nor (B).

27. Which section of Civil Procedure Code prohibits arrest or detention of women in the execution of decree for money?'

(A) Section 56

(B) Section 55

(D) Section 59.

28. If a plaintiff omits to sue for the whole of the claim which he was entitled to make in respect of a cause of action in the first suit then he will be precluded from suing again in respect of the portion so omitted, by virtue of:

(A) Explanation II of section 11, CPC

(B) Explanation IV of section 11, CPC

(D) Order II, Rule 3, CPC.

29. Which final judgment, order or decree of a Competent Court, among the following is a judgment in rem?

(A) Judgment in a money suit.

(B) Judgment in a suit for permanent injunction.

(D) None of the above.

30. Under which provision of the Code of Civil Procedure, 1908, the Collector may be appointed as received?

(A) Order XL, Rule 1

(B) Order XL, Rule 3

(D) Order XL, Rule 2.

31. In which of the following cases the Supreme Court held that delay in pronouncing the judgment amounts to denial of justice?

(A) Surendra Singh v. State of Uttar Pradesh

(B) Anil Rai v. State of Bihar

(D) None of the above.

32. Under Civil Procedure Code when the service of summon to a defendant is not made to him due to his absence within reasonable time, summons can be served to the:

(A) Servant or Munim of the defendant

(B) Adult son of the defendant

(D) None of the above.

33. Whether the purchaser of a property in execution sale can make an application for setting aside the sale on the ground that the judgment debtor had no saleable interest in the property sold?

(A) Yes, he can make application under Order XXI, Rule 9, Civil Procedure Code

(B) Yes, he can make application under Order XXI, Rule 90, Civil Procedure Code

(D) No, as he is a purchaser, he cannot get the sale set aside.

34. Right to appeal from original decrees has been provided under:

(A) Section 94 of Civil Procedure Code

(B) Section 95 of Civil Procedure Code

(D) Section 100 of Civil Procedure Code.

35. Abatement of proceedings is governed:

(A) By Order XXI of Civil Procedure Code

(B) By Order XXII of Civil Procedure Code

(D) By Order XX of Civil Procedure Code.

36. Which of the following deals with the application of the Code of Revenue Courts with Code of Civil Procedure?

(A) Section 5

(B) Section 2

(D) Section 4.

37. Which of the following deals with the power of Court to order separate trials in the Code of Civil Procedure?

(A) Order 1, Rule 1

(B) Order 1, Rule 2

(D) Order II, Rule 8.

38. Which of the following deals with objections to jurisdiction proceeding in the Civil Procedure Code?

(A) Section 18

(B) Section 20

(D) Section 25.

39. Under section 40 of the Civil Procedure Code, where a decree is sent for execution in another State, it shall be sent to such Court and executed in such manner as may be prescribed by rules in force:

(A) In the State where the decree was passed

(B) In the State where the decree was sent for execution

(D) Neither of the above.

40. What is the distinction between injunction order and attachment order?

(A) There is no distinction, both are one and the same

(B) Injunction order binds not only the parties to the but also third parties, whereas attachment order binds only parties to the suit

(C) Injunction order binds only the parties to the suit, whereas attachment order not only binds the parties to the suit but also third parties

(D) None of the above.

41. To which of the following provisions of the Indian Evidence Act the well-known case of Muhammad Sharif v. Bande AU is related to:

(A) Sections 101 and 102

(B) Sections 107 and 108

(D) Sections 118 and 119.

42. Out of the following cases which one is not related to confession:

(A) M.C. Verghese v. Ponnan

(B) Kottaya v. King Emperor

(D) State of Bombay v. Kathi Kalu.

43. In which case it was held that “A dying declaration may be made signs when the injured person is unable to speak”?

(A) Muhammad Sharif v. Bande AU

(B) R. v. Podala

(D) Kamini Kumar v. Birendra Nath.

44. Out of the following provisions of the Indian Evidence Act which one uses the words: “No barrister, attorney, pleader or vakil shall at any time be permitted, unless with his client’s express consent, to disclose any permitted, unless with his client’s express consent, to disclose any communication made to him in the course and for the purpose of his employment as such barrister, pleader, attorney or vakil, by or on behalf of his client, or to state the contents or condition of any document with which he has become acquainted in the course and for the purpose of his professional employment or to disclose any advice given by him to his client in the course and for the purpose of such employment”:

(A) Sections 126 and 127

(B) Section 128 only

(D) Sections 133 and 134.

45. The Bill of Evidence Act was prepared by:

(A) Fourth Law Commission

(B) Sir Henry Maine

(D) Second Law Commission.

46. Which provisions of the Indian Evidence Act makes space for the application of the principle of res judicata"?

(A) Section 26

(B) Section 40

(D) Section 140.

47. Under which of the following sections of the Indian Evidence Act, a witness under examination can “while under examination, refresh his memory by referring to any writing made by himself at the time of the transaction concerning which he is questioned...”:

(A) Section 158

(B) Section 159

(D) Section 162.

48. Which significant principle of law was declared by the Supreme Court of India in the case of Pawan Kumar v. State of Haryana, AIR 2001 SC 1324:

(A) Presumption as to dowry death

(B) Presumption as to legitimacy

(D) Presumption as to abetment of suicide by a married women.

49. As per which provision of the Indian Evidence Act, 1872, secondary evidence may be given of the contents of a document when the original is of such a nature as not to be easily moveable?

(A) Section 65(E)

(B) Section 65(D)

(D) Section.65(B).

50. Which of the following sections of the Indian Evidence Act was amended by the Criminal Law (Amendment) Act, 2006?

(A) Section 154

(B) Section 118

(D) Section 90A.

PAPER II - CIVIL LAW-II

1. In computing the period of limitation for filing an appeal:

(A) The day on which judgment is pronounced shall be excluded

(B) The day on which judgment is pronounced shall be included

(D) The time taken for preparing a copy of the decree be included.

2. Under section 19 of the Limitation Act, 1963, the part payment of debt extends the period of limitation”

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

(B) From the date of extended period of limitation

(D) From the date of part payment.

3. Under the Himachal Pradesh Urban Rent Control Act (HPURCA) 1987 the fair rent of a building or rented land is determined by the Controller:

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

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

(D) Taking into consideration the rent fixed by the Controller for a similar building or rented land in the locality.

4. Provision for determination of ‘Fair Rent’ under the HPURCA, 1987 is given under:

(A) Section 4

(B) Section 6

(D) Section 5.

5. Order of succession in the event of death of the person continuing in possession after the termination of his tenancy under the HPURCA, 1987 is as follows:

(A) Parents, son or daughter, daughter surviving spouse, daughter-in-law

(B) Surviving spouse, daughter-in-law, parents, son or daughter

(D) Surviving spouse, son or daughter, parents, daughter-in-law, parents.

6. When fair rent is fixed for a building, no further increase in fair rent is permissible under the HPURCA, 1987 except in cases of:

(A) Additions

(B) Repairs

(D) Improvements.

7. Under section 9 of the HPURCA, 1987, rent which should not have been paid, may be recovered:

(A) within a period of one year from the date of payment

(B) within a period of two years from the date of payment

.(D) within a period of three years from the date of payment.

8. Match List I with List II and select the correct answers by using the codes given below the lists (The Himachal Pradesh Urban Rent Control Act, 1987):

List I List II

(A) Cutting off or withholding essential supply or service (i) Section 12

(B) Conversion of a residential building into a non- residential building (ii) Section 11

(D) Recovery of possession in case of tenancies for limited period (iv) Section 13

Codes:

(A) (B) (C) (D)

(A) i ii iii iv

(B) iv iii ii i

(D) iii iv i ii

9. Right to recover immediate possession - of tenanted premises under the HPURCA, 1987 does not accrue to which of the following?

(A) A person in occupation of any residential premises allotted by the Central Government, State Government or any local authority

(B) A specified landlord on his retirement

(D) A specified landlord retiring from the armed forces.

10. Which section under the HPURCA, 1987 provides for ‘Leases of vacant buildings’?

(A) Section 18

(B) Section 19

(D) Section 21.

11. Leave to contest the application for eviction on the ground of bona fide requirement is provided under which section of the HPURCA, 1987?

(A) Section 16(4)

(B) Section 16(5)

(D) Section 16(6).

12. Under section 15(3) of the HPURCA, 1987, if the landlord commits any default in making any refund of advance rent or any other payment within a period of 90 days from the date of recovery of possession, he is liable to pay simple interest at the rate of:

(A) 9% per annum

(B) 6% per annum

(D) 3% per annum.

13. In which of the following judgments of High Court of Delhi it was held that a female coparcener can be Karta of a Hindu Undivided Family?

(A) Gangoli v. H.K. Chinnappa

(B) Sujara Sharma v. Manu Gupta

(D) Raghunath Rai Bareja and another v. Punjab National Bank.

14. A Hindu male X dies intestate leaving behind his mother’s father, mother’s mother, mother’s brother and mother’s sister. Who out of the following succeed X?

(A) Mother's father and mother's mother

(B) Mother's brother and mother's sister

(D) Mother's mother and mother's brother.

15. Bars to Matrimonial Relief are given in which provision of the Hindu Marriage Act, 1955?

(A) Section 23

(B) Section 24

(D) Section 26.

16. Interim relief of litigation expenses and maintenance can be ordered to be paid to a Hindu wife under which of the following legislation?

(A) The Hindu Adoption and Maintenance Act, 1956

(B) The Hindu Marriage Act, 1955

(D) Neither (A) nor (B).

17. In which of the following cases, the question of constitutional validity of section 9 of the Hindu Marriage Act, 1955 was finally settled by the Supreme Court?

(A) T. Sareetha

(B) Havinder Kaur v. Harmander Singh

(D) Bipin Chandra v. Prabhavati.

18. In which recent judgment, the Supreme Court held that in a case under section 13B(2) of the Hindu Marriage Act, 1955, ‘cooling off period’ may be waived off not only by the Supreme Court under Article 142 of the Constitution but by any Court if conditions specified are satisfied?

(A) Om Prakash v. Nalini

(B) Priyanka Singh v. Jayant Singh

(D) Amardeep Singh v. Harveen Kaur.

19. Out of the following situations, when will the limited estate of the widow not enlarge into an absolute right under section 14(1) of the Hindu Succession Act, 1956?

(A) A widow was allowed to reside in a property during her life time before the Act came into force

(B) A widow alienates the property, but the alienation is held to be invalid and the property is reconveyed to her before the Act came into force

(C) A widow in possession of lands belonging to the deceased husband was illegally dispossessed by the husband's collaterals prior to the Act came into force

(D) A widow was in possession of her husband's property as his heir prior to the Act came into force.

20. The following pertains to the Hindu Minority and Guardianship Act, 1956. Match the statements in List I with the sections in List II and select the correct answer using the codes below the Lists:

List 1 List II

(a) Step-father and step-mother cannot be the natural guardian of a Hindu minor

(i) Section 12

(b) Guardian not to be appointed for minor’s undivided interest in joint family property

(ii) Section 13

(iii) Section 10

(d) A minor is not competent to Act as guardian of property

(iv) Section 6

Codes:

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

(A) (i) (ii) (iii) (iv)

(B) (iv) (i) (ii) (iii)

(D) (iii) (iv) (i) (ii)

21. A, a Hindu male has C as his legally wedded wife, marries B, a Hindu. B conceives a child by A during the continuance of the marriage. Later, the marriage between A and B is declared by the Court to be null and void. Later B gives birth to a son. A has no other living son. A adopts a son D. Why is adoption of D not valid?

(A) S is a legitimate son of A under section 16 of tire Hindu Marriage Act, 1955

(B) S is a legitimate son of A under section 11(1) of the Hindu Adoption and Maintenance Act, 1956

(D) Because A cannot adopt a son when he already has a son.

22. Dastane v. Dastane is a cases relating to:

(A) Adoption

(B) Divorce

(D) Maintenance.

23. Which of the following statements is false with respect to a minor entering into a contract?

(A) An agreement with or by a minor is void ab initio

(B) A minor can be a beneficiary of a contract

(D) A minor cannot ratify a contract on attaining majority.

24. ‘A’ sees an article marked “Price Rupees 200 only” in ‘B’s shop. He offers ‘B’ Rupees 200 for the article ‘B’ refuses to sell saying that the article is not for sale. Which of the following statements is correct?

(A) 'A' cannot force it to sell the article at Rupees 200

(B) 'A' can force it to sell the article at Rupees 200

(D) 'A' can sue it in the Court.

25. “Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach should be such as may fairly and reasonable be considered either arising naturally or reasonable be supposed to have been in contemplation of both the parties at the time of entering the contract.” This statement was laid down in the case of:

(A) Frost v. Knight

(B) Hadley v. Baxendale

(D) General v. Barker.

26. The case of Balfour v. Balfour deals with:

(A) Breach of contract

(B) Intention to create legal relationship

(D) Frustration.

27. A contract cannot be frustrated:

(A) By change of circumstances

(B) By initial impossibility

(D) Due to negligence of either party.

28. Which of the following is not covered under the Law of Contract?

(A) Bailment of goods

(B) Sale of goods

(D) Indemnity. ,

29. A contract without consideration is nudum pactum unless:

(A) It is in writing and made out of natural love and affection

(B) Present voluntary services

(D) None of the above.

30. The Indian Contract Act came into force on

(A) 15th September, 1872

(B) 1st September, 1872

(D) 15th October, 1872.

31. Section 41 of the Indian Contract Act deals with:

(A) Effect of accepting performance from third person

(B) Person by whom promise is to be performed

(D) Effect of refusal of party to perform promise wholly.

32. Where both the parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void under which section of the Indian Contract Act?

(A) Section 23

(B) Section 20

(D) Section 26.

33. Transfer of Property deals with ‘transfer of property’

(A) By operation of law

(B) By act of parties

(D) By government order.

34. Doctrine of Election is covered under:

(A) Section 42 of the Transfer of Property Act, 1872

(B) Section 14 of the Transfer of Property Act, 1872

(D) Section 35 of the Transfer of Property Act, 1872.

35. The principle of ‘Feeding the Grant by Estoppel’ is given under which provision of the Transfer of Property Act, 1872:

(A) Section 19

(B) Section 13

(D) Section 52.

36. What is the maximum period of perpetuity?

(A) Life estates of one or more persons and 16 years

(B) Life estates of one or more persons and 18 years

(D) None of the above.

37. Which of the following kinds of mortgage is not defined under section 58 of the Transfer of Property Act?

(A) Mortgage by conditional sale

(B) Usufructuary mortgage

(D) English mortgage.

38. Which of the following legislation defines ‘License’?

(A) The Transfer of Properly Act, 1872

(B) The Indian Easement Act, 1872

(D) None of the above.

39. Within the meaning of section 48 of the Transfer of Property Act, 1872, the transfer cannot prejudice the rights of the transfer by any subsequent dealing with the property. This self-evident rule is expressed in;

(A) Equitable maxim qui prior est tempore porior est jure

(B) Quid pro quo

(D) None of the above.

40. The basic ingredient of the doctrine of lis pendens are:

(A) The suit should be collusive

(B) Property should have been transferred or otherwise dealt with

(D) The suit must not be related to a specific immovable property.

41. A done, who has taken all the properties of the donor and is also liable to discharge all the liabilities of the donor, is known as:

(A) An onerous done

(B) A gratuitous done

(D) None of these.

42. With regard to the provisions of the Transfer of Property Act, match List I with List II and select the correct answer by using the codes given below the Lists:

(a) Spes Succession is (i) Section 6(C)

(b) Right of re-entry (ii) Section 6(A)

(d) Right to sue (iv) Section 6(B)

Codes:

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

(A) (ii) (iv) (i) (iii)

(B) (i) (ii) (iii) (iv)

(D) (iv) (iii) (ii) (i)

43. Match List-I with List-Il and select the correct answer by using the codes given below the Lists. This relates to the Limitation Act, 1953:

List-I List-Il

(a) Suit in Forma pauperis (i) Section 13

(b) Proceedings stayed by an injunction (ii) Section 14

(d) Effect of fraud on limitation (iv) Section 17

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

(A) i ii iii iv

(B) i iii ii iv

(D) iii iv i ii

44. What is the limitation period in a suit by a landlord to recover possession from a tenant after date the tenancy is determined?

(A) One year

(B) Two years

(D) Twelve years.

45. The limitation period in a suit by a surety against co-surety when the surety has paid anything in excess of his own share:

(A) Two years

(B) Three years

(D) Twelve years.

46. Delay in filing a suit:

(A) Cannot be condoned

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

(D) Can be condoned under section 5 of the Limitation Act, 1963.

47. “Time requisite” under section 12(2) of the Limitation Act, 1963 means:

(A) Minimum time

(B) Maximum time

(D) Absolutely necessary time.

48. A fraud contemplated by section 17 of the Limitation Act is that of:

(A) By the defendant

(B) By the plaintiff

(D) None of these.

49. Under section 25 of the Limitation Act, easement rights over a property are acquired by continuous and uninterrupted user for:

(A) Twelve years

(B) Twenty years

(D) Three years.

50. The general rule is that “The law of limitation only bars the remedy but does not extinguish the right itself. The exception to this rule is contained in:

(A) Section 31 of the Limitation Act, 1963

(B) Section 27 of the Limitation Act, 1963

(D) Section 25 of the Limitation Act, 1963.

PAPER III - CRIMINAL LAW

1. The H.P. Excise Act, 2011 provides provision of punishment not less than three years and the fine not less than one lakh rupees, if the accused commits an offence relating to import, export or transport of:

(A) country liquor exceeding 45 liters

(B) foreign liquor exceeding 40 liters but not exceeding 45 liters

(D) other spirits not exceeding 5 liters.

2. If any person consumes liquor in any unlicensed public place in contravention of any provisions of the H.P. Excise Act, 2011, he shall be punished with which one of the following punishment?

(A) with imprisonment for a term which may extend to three months

(B) with fine which shall not be less than two thousand and which may extend to ten thousand rupees

(D) with imprisonment of one year and with fine of one thousand rupees.

3. The term ‘Zoo’, defined under the Wild Life (Protection) Act, 1972 (as amended) does not include:

(A) a circus

(B) a rescue centers

(D) none of the above.

4. Which one of the following is not a duty of the State Board for Wildlife?

(A) selection and management of areas to be declared as protected areas

(B) formulation of the policy for protection and conservation of the wildlife

(C) measures to be taken for harmonizing the needs of the tribal and other dwellers of the forest with the protection and conservation of wildlife

(D) selection of the forest guards for protection and conservation of the wildlife.

5. Under Chapter Vl-A of the Wildlife (Protection) Act, the term used ‘relative’, does not mean:

(A) spouse of the person

(B) brother and sister of the person

(D) any lineal ascendant or descendant of the person or spouse of the person.

6. What is the amount of reward which may be provided to a person who renders assistance in detection of the offence, if Court imposes a sentence of fine and order thereof under the Wildlife (Protection) Act, 1972 (as amended)?

(A) upto twenty percent of fine

(B) upto ten percent of fine

(D) upto seventy five percent of fine.

7. Who among the following has empowered to order payment of reward under section 60B of the Wildlife (Protection) Act, 1972 (as amended)?

(A) the Court

(B) the Chief Wildlife Warden empowered by the State Government

(D) the Collector.

8. Which one of the following Acts is not prohibited Act in relation to reserve forest?

(A) sets fire in the forest

(B) pastures cattle in the forest

(D) quarries stone from the forest.

9. Which one of the following punishments is provided under section 33 of the Indian Forest Act, if any person fens, lops or burns any tree reserved under section 30?

(A) with imprisonment for a term which may extend to six months only not others

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

(D) with imprisonment for a term which may extend to nine months or with fine which may extend to one thousand rupees or with both.

10. Which one of the following sections of the Indian Forest Act provides the powers of a Civil Court in trial of suits to the Forest Settlement Officer?

(A) Section 6

(B) Section 7

(D) Section 9.

11. What is punishment for wrongful seizure under Indian Forest Act?

(A) imprisonment for a term which may extend to six months or with fine of one thousand rupees or both

(B) imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees or both

(D) imprisonment for life.

12. ‘Forest-produce’ is explained. Under which one of the following clauses of section 2, the Indian Forest Act?

(A) Clause 2

(B) Clause 3

(D) Clauses 4A.

13. In which of the following cases, the offence of an ‘Attempt’ is not committed?

(A) 'A' intending to kill 'Z' fires at 'B'S coat hanging in his room mistaking it for 'Z'.

(B) 'A' thrusts his hand into the pocket of 'Z' and fails to get anything because having nothing in 'Z's pocket.

(C) 'A' administers to woman 'Z', a drug with the intent to producing abortion and fails, since the woman was not actually pregnant.

(D) 'A' carries paddy, in violation of law without having a license, with the intent to supply and was stopped before delivery of paddy 10 miles away from destination.

14. In which one of the following cases, the Houses of Lords has given the answers to the questions relating to the defence of insanity?

(A) R. v. Dudley and Stephen

(B) R. v. Prince

(D) None of these.

15. The judgment in case of Mahboob Shah v. Emperor was given by which one of the following judges?

(A) Atkinson, J.

(B) Sir Madhavan Nair, J.

(D) Sir B. Peacock, J.

16. Which one of the following sections of the Indian Penal Code, 1860, may apply against woman also?

(A) Section 354

(B) Section 354A

(D) Section 354C.

17. Which one of the following cases is not associated with the section 497 of the Indian Penal Code?

(A) Sowmithri Vishu v. Union of India

(B) Yusuf Abdul Azia v. State of Bombay

(D) Ranjit D. Udeshi v. State of Maharashtra.

18. Find out an incorrect statement

(A) A Collector exercising jurisdiction in a under Act 10 of 1859 is a Judge.

(B) A Magistrate exercising jurisdiction in respect of a charge on which he has power to fine or imprisonment with or without appeal is a Judge.

(C) A member of a Panchayat which has power under Regulation VII, 1816 of the Madras Code to try and determine suits is a Judge.

(D) A Magistrate exercising jurisdiction in respect of charge on which he lias power only to commit for trial to another court is a Judge.

19. Who amongst the following was not Judge of the Bench of the Supreme Court in deciding the case of ‘Navtej Singh Johar and Others v. Union of India Through the Society, Ministry of Law and Justice’?

(A) Justice Rohinton F. Nariman

(B) Justice A.M. Khanwilkar

(D) Justice D.Y. Chandrachud.

20. In which one the following offences, exception to the rule under section 34 of IRC does not apply all the accused persons must be physically present at the scene of the offence?

(A) Offence affecting the Human Body

(B) Offences against Property

(D) Offences relating to Religion.

21. Which one of the following is an essential element of ‘Criminal breach of trust’?

(A) Contractual relationship

(B) Transfer of possession

(D) Property must be movable only.

22. *A’ without any excuse fires a loaded canon into a crowd of persons and kills one of them. ‘A’ is guilty of which one of the following offences under I.P.C.?

(A) Death by negligence

(B) Murder

(D) No offence.

23. Which one of the following punishments is non existence under the provisions of the Indian Penal Code, 1860?

(A) Imprisonment for life

(B) Forfeiture of property

(D) Transportation for life.

24. Which one of the following does not amount to ‘abetment of a thing’?

(A) Instigation

(B) Engaging with one or more persons in a conspiracy and an act takes place thereof

(D) Supplying a person with shelter.

25. Causing of the death of child in mother’s womb is:

(A) Culpable Homicide

(B) Murder

(D) Infanticide.

26. In which one of the following cases, the Supreme Court had struck down section 309, I.P.C.?

(A) Maruti S. Dubai v. State of Maharashtra

(B) P. Rathinam N. Patnaik v. Union of India

(D) Common Cause (Registered Society) v. Union of India.

27. Under the provision of the Indian Penal Code fighting of two persons in a Public Place and disturbing the Public Peace will amount to:

(A) an affray

(B) a rioting

(D) no offence.

28. If a case is brought before the Magistrate and it appears him that the offence complained is triable exclusively by the Court of Session, while postponing the issue of process, he:

(A) May direct an investigation to be • made by a Police Officer

(B) Shall commit the case to the Court of Session

(D) Shall return the complaint for presentation before the Court of Session.

29. No sentence of imprisonment shall be passed in case of summary trial for a term exceeding:

(A) Two years

(B) One years

(D) Three months.

30. Section 482 of the Code of Criminal Procedure provides saving of inherent powers of which one of the following Court?

(A) Supreme Court

(B) Court of Session

(D) Magistrate Court.

31. ‘A’ is accused of an act which may amount to Criminal Breach of Trust or Cheating. He is only charged with cheating but it appears that ‘A’ has committed the offence of Criminal Breach of Trust. He may be:

(A) Acquitted from the charge of Criminal Breach of Trust

(B) Convicted to Cheating only, not for other

(D) Discharged from the charge of Criminal Breach of Trust.

32. Which one of the following Courts has no power to transfer cases and appeals, if it is expedient for the ends of Justice?

(A) Supreme Court

(B) High Court

(D) Chief Judicial Magistrate.

33. Which one of the following sections has . not been inserted under the. Code of Criminal Procedure, 1973 by the Criminal Law (Amendment) Act, 2013?

(A) Section 265C

(B) Section 357B

(D) Section 198B.

34. An Additional Chief Judicial Magistrate may be appointed by the:

(A) Chief Judicial Magistrate

(B) Session Judge

(D) Governor of the State.

35. Who among the following is authorized to order to execute a Bond (with or without sureties), if he receives information that any person is likely to commit a breach of the peace or disturb the public tranquility?

(A) Session Judge

(B) Executive Magistrate

(D) Superintendent of Police.

36. Who among the following is a competent person by whom offence of ‘Theft’ may be compound?

(A) the owner of property stolen

(B) the possessor of property

(D) the Public Prosecutor.

37. Warrant-case does not include a case relating to an offence punishable with:

(A) death

(B) imprisonment for life

(D) imprisonment for a term not exceeding two years.

38. The principle relating to the ‘double jeopardy’ is embodied under which one of the following sections of the Code of Criminal Procedure?

(A) Section 300

(B) Section 20(2)

(D) Section 301.

39. In case of an offence which is punishable with imprisonment for a term exceeding one year but not exceeding three years, the period of limitation for taking cognizance shall be:

(A) six months

(B) one year

(D) ten years.

40. Framing of formal charge shall not be necessary in:

(A) trial of warrant-case instituted on a Police report by a Magistrate

(B) trial of summons case by a Magistrate

(D) trial of warrant-case instituted other than a Police report by a Magistrate.

41. Who amongst the following is authorized to record confession under section 164, the Code of Criminal Procedure?

(A) Any Police Officer

(B) Any Judicial Magistrate or Metropolitan Magistrate

(D) Executive Magistrate only.

42. When may Police arrest any person without an order from a Magistrate and without a warrant?

(A) if person concerned is in a non- cognizable offence

(B) if person against whom a complaint has been made

(C) if person against whom a credible information has been received or reasonable suspicions exist of his having so concerned (as mentioned in A and B)

(D) if person against whom a credible information has been received or a reasonable suspicion exists that the person has committed a cognizable offence punishable with not less than 7 years.

43. Which one of the following punishment may be awarded in case of dishonor of cheque for insufficiency under the Negotiable Instruments Act, 1881?

(A) with fine which may extend to thrice the amount of cheque

(B) with fine which may extend to twice the amount of cheque

(D) with fine which amount may unlimited and decided by the Court.

44. Which one the following is incorrect to the offence committed under section 138, the Negotiable Instruments Act, 1881?

(A) Presentation of the cheque to the Bank and returning the cheque unpaid by the drawee Bank

(B) Giving notice in writing to the drawer of the cheque demanding payment of the notice

(D) Failure of the drawer to make payment within 15 days' of the receipt of the notice.

45. Which one of the following sections provides “presumption in favour of holder” under the Negotiable Instruments Act?

(A) Section 138

(B) Section 139

(D) Section 141.

46. The word ‘Company’ explained under section 141 of the Negotiable Instruments Act, 1881, does not mean:

(A) any body corporate

(B) a firm

(D) any person acting as a Banker.

47. Find out the correct statement in respect to the provisions of section 142, the Negotiable Instruments Act, 1881:

(A) Judicial Magistrate of the second class only, shall try any offence punishable under section 138, NIA

(B) No Court shall take cognizance of any offence punishable under section 138, NIA except upon a complaint, in' writing made by the payee.

(C) Court of competent Jurisdiction cannot take cognizance of complaint after expiry of prescribed period provided under the section ever if finds sufficient cause for delay

(D) Court can take suo moto cognizance of offence under section 138, NIA.

48. The term ‘Bear’ is defined under which one of the following clauses of section 2 of the H.P. Excise Act, 2011?

(A) Clause (D)

(B) Clause (C)

(D) Clause (A).

49. The term ‘permit’ as defined under the H.P. Excise Act, 2011 means:

(A) an order passed by appropriate authority

(B) a license granted under the Act

(D) a no objection statement issued by the Collector of the district for import and transport of liquor.

50. When the Financial Commissioner may not cancel license under section 30 of the H.P. Excise Act, 2011?

(A) If license is transferred or sublet by the holder without permission of appropriate authority

(B) If any excise duty or other duty payable by the Legislative Assembly or Local Bodies

(D) If the holder is convicted of any offence punishable under the H.P. Excise Act, 2011 or any acts, specified under s.ub-clause (d) of section 29.

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