Thursday, July 31, 2014

Question Paper | Punjab Superior Judicial Service (Preliminary) Exam 2012

Punjab Superior Judicial Service (Preliminary) Examination 2012

Question Number: 81-90

81. One of the following subjects is not in the State list
(a) Police and prisons
(b) Public health and sanitation
(c) Markets and fairs
(d) Bankruptcy and insolvency

82. Among the following Presidents of India, who was also the Secretary General of Non-Aligned Movement for some period?
(a) Dr. S. Radhakrishnan
(b) V.V. Giri
(c) Giani Zail Singh
(d) Dr. Shankar Dayal Sharma

83. Who was the Chief Justice of India when public interest litigation (PIL) was introduced in the India judicial system?
(a) M. Hidayatullah
(b) A.M. Ahmadi
(c) A.S. Anand
(d) P.N. Bhagwati

84. One of the following does not match:
(a) Hindu Marriage Act: 1955
(b) Medical Termination of Pregnancy Act: 1971
(c) Domestic Violence to Women Act: 1990
(d) Right to Information Act 2005

85. The following official does not form part of the municipalities
(a) mayor
(b) municipal councillor
(c) chairman
(d) chief executive officer

86. The post of Leader of Opposition in the Lok Sabha was
(a) created by the Constitution
(b) created through an Act of Parliament in 1977
(c) created through an ordinance of the President during the national emergency
(d) created in 1981 with the consent of leaders of all the national parties.

87. The 2012 BRICS Summit was held in
(a) Sanya
(b) Moscow
(c) New Delhi
(d) Durban

88. Latin phrase for saying that delegated legislation is "beyond " its powers is
(a) Ultra vires
(b) ex-parte
(c) ejusdem generis
(d) None of the above

89. 'Reddendo singula singulis' means
(a) refers only to the last
(b) the general does not detract from the specific
(c) a word is known by the company it keeps
(d) None of the above

90. 'Obiter-dicta' is
(a) binding
(b) not binding
(c) discretion of the courts
(d) none of the above


Question Paper | Haryana Superior Judicial Service (Preliminary) Exam 2012

Haryana Superior Judicial Service (Preliminary) Examination 2012

Question Number: 81-90

81. Synagougue is the place of worship of
(a) Judaism
(b) Shintoism
(c) Zoroastrianism
(d) Taoism

82. What is the total number of High Courts in India presently
(a) 28
(b) 26
(c) 24
(d) 21

83. Under-20 Football World Cup 2011 was won by
(a) Brazil
(b) Portugal
(c) Spain
(d) Italy

84. Which part of the judgment establishes the precedent that is to be followed by the lower courts?
(a) Ratio-decidendi
(b) Obiter Dicta
(c) The facts that are identified as binding by the judge
(d) The section of the judgment entitled 'Precedent'

85. 'Ejusdem generis' means
(a) of the same kind, class or nature
(b) express mention of one thing excludes all others
(c) upon the same matter or subject
(d) all of the above

86. Which of the following is a part of the 'context' for interpreting a statute
(a) Headings
(b) Side-notes
(c) Punctuation
(d) All of the above

87. 'Legislative debate' is a part of
(a) Internal-aids to interpretation
(b) External-aids to interpretation
(c) both internal and external aids to interpretation
(d) none of the above

88. Penal Statutes have
(a) Retrospective operation
(b) Prospective Operation
(c) Discretion of the Court
(d) All of the above

89. Rule of purposive construction is also known as
(a) Literal Rule
(b) Golden Rule
(c) Harmonious Rule
(di Mischief Rule

90. Legal Maxim 'construction ex visceribus actus' means
(a) statute should be read as a whole
(b) when two meanings are possible, court may choose any
(c) court should act according to the popular view
(d) None of the above

Wednesday, July 30, 2014

Question Paper | Punjab Superior Judicial Service (Preliminary) Exam 2012

Punjab Superior Judicial Service (Preliminary) Examination 2012

Question Number: 71-80

71. Who prepares the topographical maps of India?
(a) Geological Survey of India
(b) Survey of India
(c) Defence Ministry
(d) Geographical Survey of India

72. Which State is the leading producer of thorium
(a) Kerala
(b) Bihar
(c) Orissa
(d) Madhya Pradesh

73. The standard time of a country differs from the GMT in multiples of
(a) two hours
(b) one hour
(c) half hour
(d) four minutes

74. January 26 was selected as the date for the inauguration of the Constitution because
(a) it was considered to be an auspicious day
(b) on that day the Quit India Movement was started in 1942
(c) the Congress had observed it as the Independence Day in 1930
(d) none of the above

75. In which case the Supreme Court gave a ruling that the Preamble was a part of the Constitution?
(a) Golak Nath case
(b) Berubari case
(c) Keshavananda Bharti case
(d) all the above cases

76. 'A' was born in New York but his mother had been ordinarily living in India for not less than five years immediately preceding the Constitution. Will A be a
(a) citizen of India
(b) citizen of USA and India
(c) neither a citizen of India nor of the USA
(d) none of the above

77. Which of the following duties have been prescribed for the citizens?
1. To develop scientific temper
2. To preserve rich heritage of our composite culture
3. To organize village panchayats
4. To minimize inequalities in income
5. To secure a uniform civil code
6. To defend the country

(a) 1, 3, 4
(b) 3, 4, 5
(c) 1, 2, 6
(d) 2, 5, 6

78. The writ of Habeas Corpus is issued
(a) By a superior court to the lower court directing it to transfer the record of proceedings in a case for its review
(b) in the form of an order calling upon a person who has detained another person to bring that person before court and show authority for such detention
(c) by a superior court to a subordinate court to do something in the nature of its allotted duty
(d) in the form of an order to stop proceedings in a certain case.

79. Khap Panchayats includes the following
(a) Gram Panchayats
(b) Gram Sabha
(c) Panchayat Samitis
(d) Unofficial village councils

80. The Parliament can legislate on any subject in the State list
(a) if the Rajya Sabha declares by a two-third majority resolution that it is expedient to do so in national interest
(b) for the implementation of international treaties or agreements
(c) if two or more states make a request to Parliament to do so
(d) in al the above cases.


Question Paper | Haryana Superior Judicial Service (Preliminary) Exam 2012

Haryana Superior Judicial Service (Preliminary) Examination 2012

Question Number: 71-80

71. The idea of Constituent Assembly to frame a Constitution for India was first mooted by
(a) M.N. Roy in 1927
(b) the Indian National Congress in 1936
(c) the Muslim League in 1942
(d) the All-Parties Conference in 1946

72. At which one of the following places did Mahatma Gandhi first start his Satyagraha in India
(a) Ahmedabad
(b) Bardoli
(c) Champaran
(d) Kheda

73. Under the Constitution of India, which one of the following is not a fundamental duty?
(a) To vote in public elections
(b) To develop the scientific temper
(c) To safeguard public property
(d) To abide by the Constitution and respect its ideals.

74. Which one of the following writs literally means 'what is your authority'?
(a) Habeas Corpus
(b) Certiorari
(c) Quo Warranto
(d) Prohibition

75. Honour killing relates to the following
(a) Domestic violence
(b) Physical assault
(c) Condemning couples for marrying outside their caste and making them embrace death
(d) prevalent in north-eastern Indian states

76. Which one of the following has been wrongly listed among the special powersof the Rajya Sabha?
(a) Resolution for the removal of the Vice-President of India can be initiated only in the Rajya Sabha
(b) Resolution for creation of new All India Services can be initiated in the Rajya Sabha only
(c) Laws on any subject of State list can originate only in the Rajya Sabha if it is satisfied that it is necessary to do so in national interest
(d) None of the above

77. Which one of the following was elected President of India unopposed?
(a) Dr. Rajendra Prasad
(b) Dr. Radhakrishnan
(c) Dr. Neelam Sanjiva Reddy
(d) Dr. K.R. Narayanan

78. Consider the following statements:
The Supreme Court of India tenders advice to the President of India on matters of law or fact
1. on its own initiative (or any matter of larger public interest)
2. if he seeks such an advice
3. only if the matters relate to the Fundamental Rights of the citizens

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) both 1 and 2
(d) Neither 1 nor 2

79. The system of Public Interest Litigation has been introduced in India
(a) through Constitutional Amendments
(b) by judicial initiative
(c) by political parties
(d) by a Parliamentary Act

80. Under one of the following judgments the Supreme Court directed the Government to constitute a permanent body in favour of the backward classes
(a) Minerva Mills v. Union of India
(b) Golaknath v. State of Punjab
(c) M.C. Mehta v. Union of India
(d) Indira Sawhney v. Union of India

Tuesday, July 29, 2014

Question Paper | Punjab Superior Judicial Service (Preliminary) Exam 2012

Punjab Superior Judicial Service (Preliminary) Examination 2012

Question Number: 61-70

61. Who is authorised to investigate offence punishable under The Prevention of Corruption Act, 1988
(a) Inspector of Police
(b) Assistant Commissioner of Police
(c) Deputy Superintendent of Police
(d) All above

62. Whosoever habitually commits an offence under section 8,9 and 12 of the Prevention of Corruption Act, 1988 shall be punished with imprisonment for a term
(a) Not less than one year and more than 5 years with fine
(b) Not less than two years and more than 7 year with fine
(c) Not less than three year and more than 7 years with fine
(d) None of the above

63. Kautilya's Arthasastra is a book on
(a) economic relations
(b) principles and practice of statecraft
(c) foreign policy
(d) duties of the king

64. In the third battle of Panipat, the Marathas were defeated by the
(a) Mughals
(b) Afghans
(c) English
(d) Ruhellas

65. The first country to establish trade relations with India was
(a) Portugal
(b) Holland
(c) France
(d) England

66. Rule of law in British India meant
(a) that everybody was equal in the eyes of law
(b) that British and Indian subjects went to the same courts
(c) that laws were framed and courts set up
(d) the guarantee of personal liberty

67. In which year did Bankim Chandra Chattopadhyay write Anandmath?
(a) 1958
(b) 1892
(c) 1882
(d) none of the above

68. 'Do or die' was one of the most powerful slogans of India's struggle. Who gave it freedom
(a) M.K. Gandhi
(b) J.L. Nehru
(c) B.G. Tilak
(d) S.C. Bose

69. Which place will experience sunlight for the longest period in summer?
(a) Mumbai
(b) Srinagar
(c) Chennai
(d) Kolkatta

70. Which countries lie on either side of the Radcliffe Line?
(a) India and Bangladesh
(b) Nepal and India
(c) North and South Korea
(d) India and Pakistan

Question Paper | Haryana Superior Judicial Service (Preliminary) Exam 2012

Haryana Superior Judicial Service (Preliminary) Examination 2012

Question Number: 61-70

61. Which of the following relation is one of the four relations which has been elevated to class I heirs category, by the Amendment Act of 2005
(a) Son's daughter's son
(b) Daughter's Daughter's son
(c) Daugther's son's son
(d) None of the above

62. Which statement is correct for presumption of culpable mental state under sections 35 of NDPS Act
(a) Court shall presume culpable mental state as defense for the accused to prove the fact that he had no such mental state with respect to the act charged of an offence in that prosecution.
(b) Culpable mental state includes intention, motive, knowledge of a fact and belief in or reason to believe a fact.
(c) Both a 86 b
(d) None of the above

63. The famous Chinese pilgrim Fa-hien visited India during
(a) Chandragupta I
(b) Chandragupta-II
(c) Ramagupta
(d) Srigupta

64. The greatness of Shivaji was that he
(a) was the father of the Maratha nation
(b) defeated the Mughal forces
(c) was a benevolent ruler
(d) checked the Mughal expansion in the south

65. Who has been referred to as the conscience-keeper' of Gandhiji?
(a) C. Rajagopalachari
(b) Rabindranath Tagore
(c) V. Patel
(d) G.K. Gokhale

66. M.A. Jinah and a section of the Muslim league was willing to give up separate electorate in favour of a joint electorate (with certain conditions) at the time of
(a) Cabinet Mission
(b) Simon Commission
(c) Wavell Plan
(d) None of the above

67. Which of the following Acts formally introduced the principle of elections for the first time
(a) The Indian Council Act, 1909
(b) Government of India Act, 1919
(c) The Government of India Act 1935
(d) India Independence Act, 1947

68. Which region is most famous for citrus fruits?
(a) deserts
(b) monsoon regions
(c) temperate grasslands
(d) Mediterranean regions

69. Which countries are separated by Durand Line
(a) India and Pakistan
(b) India and Afghanistan
(c) India and China
(d) China and Russia

70. What is Chandipur Sea is known for?
(a) deep see fishing
(b) oil drilling
(c) missile testing range
(d) overseas communications

Monday, July 28, 2014

Question Paper | Punjab Superior Judicial Service (Preliminary) Exam 2012

Punjab Superior Judicial Service (Preliminary) Examination 2012

Question Number: 51-60

51. The maxim actus non facit reum nisi mens sit rea means
(a) Common intention
(b) Group liability
(c) Guilty state of mind in crime
(d) Wrongful motive

52. The maximum period for which an accused can be remanded in police custody is
(a) One Week
(b) Fifteen Day
(c) One Months
(d) Three Months

53. The maximum punishment for attempt to commit an offence under section 15 of the Prevention of Corruption Act is for
(a) One year
(b) Two year
(c) Three year
(d) Four year

54. The offence of Criminal misconduct in the PC Act is defined in
(a) Section 10
(b) Section 11
(c) Section 12
(d) Section 13

55. The power of entry, search, seizure and arrest without warrant or authorization u/s 41 of NDPs Act is conferred upon
(a) Any officer including peon, sepoy, or constable of the department of central excise,
(b) Any officer including peon, sepoy, or constable of the department of narcotics,
(c) Any officer including peon, sepoy, or constable of the department of customs, revenue intelligence or any other department of central government
(d) None of the above

56. The provision of Cr. P.C. 1973 shall apply, in so far as they are not inconsistent with the provision of NDPS Act to
(a) All warrant issued and arrests
(b) Searches and seizures
(c) All warrant issued and arrests, searches and seizures made under NDPS act.
(d) None of the above

57. The Schedule attached with the NDPS Act 1985 is in reference to
(a) Sec. 3 (ii)
(b) Sec. 2 (xiv)
(c) Sec. 2 (xxiii)
(d) None of these

58. Under Hindu Succession Act, 1956 a 'mother' is not entitled. to inherit as class I heir from her
(a) adopted son
(b) step son
(c) illegitimate son
(d) none of the above

59. When a person with intent to cause damage to other person causes destruction of property is said to have committed
(a) Mischief
(b) Rioting
(c) Robbery
(d) Nuisance

60. Which Article of the Constitution provides for reservation in promotionfor Scheduled castes and scheduled Tribes
(a) Article 15 (4)
(b) Article 16 (4)
(c) Article 16 (4-A)
(d) Article 16 (4-B)


Question Paper | Haryana Superior Judicial Service (Preliminary) Exam 2012

Haryana Superior Judicial Service (Preliminary) Examination 2012

Question Number: 51-60

51. The Schedule attached with the NDPS Act 1985 is in reference to
(a) Sec. 3 (ii)
(b) Sec. 2 (xiv)
(c) Sec. 2 (xxiii)
(d) None of these

52. As per Section 27 of Cr.P.C., a juvenile is taken as a person under the age of
(a) 14 years
(b) 16 years
(c) 18 years
(d) None of the above

53. The statements of the witnesses are recorded by a police officer during the investigation under Section of the Cr.P.C.
(a) 161 Cr.P.C.
(b) 162 Cr.P.C.
(c) 164 Cr.P.C.
(d) 169 Cr.P.C.

54. The term of life imprisonment under Indian Penal Code, 1860 is
(a) 14 years
(b) 20 years
(c) whole of natural life
(d) 10 years

55. The word 'injury' in section 44 of IPC denotes harm illegally caused to
(a) Body
(b) Property
(c) Mind and Reputation
(d) All the above

56. Under the Hindu Marriage Act, 1955, the sapinda relationship extends in the line of ascent to
(a) two degrees through the mother and three degrees through the father
(b) three degrees through the mother and four degrees through the father
(c) three degrees through the mother and five degrees through the father
(d) five degrees through the mother and seven degrees through the father

57. Wagering Agreements are
(a) Valid
(b) Void
(c) Voidable
(d) Both (a) and (c)

58. What is the maximum strength of the Judges of Supreme Court (including Chief Justice of India)
(a) 25
(b) 26
(c) 30
(d) None of the above

59. Where the defendant is confined in a prison, the summons shall be delivered or sent to
(a) the person concerned
(b) the family of the person
(c) the officer in charge of the prison for service on defendant
(d) the advocate of the person

60. Which Law Commission Report has proposed to amend Section 15 of the Hindu Succession Act, 1956 in case a female dies intestate leaving her self acquired property with no heirs
(a) 205th Law Commission Report
(b) 206th Law Commission Report
(c) 207th Law Commission Report
(d) 208th Law Commission Report

Sunday, July 27, 2014

Question Paper | Punjab Superior Judicial Service (Preliminary) Exam 2012

Punjab Superior Judicial Service (Preliminary) Examination 2012

Question Number: 41-50

41. Sexual intercourse by a man with his own wife is rape if wife is below
(a) 15 years of age
(b) 16 years of age
(c) 18 years of age
(d) 14 years of age

42. Standard form of contract is also known as
(a) Contract of adhesion
(b) Unilateral Contract
(c) Specific contract
(d) Both (a) and (b

43. 'Suprressio yeti' by a woman under HMA, 1955 who was pregnant at the time of marriage is a ground for annulling the marriage as
(a) Voidable
(b) Void
(c) both (a) and (b)
(d) neither (a) nor (b

44. The case which relates to the right to fly National flag is
(a) Union of India v. Menaka Gandhi
(b) Union of India v. Naveen Jindal
(c) People's Union for Civil Liberties v. Union of India
(d) None of the above

45. The constitutional validity of Section 9 of Hindu Marriage Act, 1955 for the first time came for consideration in the case of
(a) Harvinder Kaur v. Harmander Singh
(b) T. Sareetha v. T. Venkata Subbaiab
(c) Soroj Rani v. Sudarshan Kumar
(d) Babooram v. Sushila

46. The court may compel the attendance of any person to whom summons have been issued under the provisions of Cr.P.C. and for that purpose
(a) issue a warrant, attach and sell his property
(b) issue a warrant only
(c) issue a warrant, attach and sell his property and order him to furnish security
(d) issue a warrant, attach and sell his property and order him to surrender

47. The date of decree is the date on which
(a) the date the decree is pronounced
(b) the date its written
(c) the day its pronounced but not written or signed
(d) the day its pronounced and signed by the judge

48. The East Punjab Urban Rent Restriction Act 1949 extends to
(a) All urban areas of Punjab
(b) All rural areas of Punjab
(c) All urban areas of Punjab except cantonment area
(d) All areas of Punjab

49. The following is not an essential element of crime
(a) Mens rea
(b) Actus reus
(c) Motive
(d) None of the above

50. The Magistrate records the confession of an accused or a statement of a witness during investigation, under
(a) Section 164 of Cr.P.C.
(b) Section 281 of Cr.P.C.
(c) Section 162 of Cr.P.C.
(d) Chapter XXIII of Cr.P.C.


Question Paper | Haryana Superior Judicial Service (Preliminary) Exam 2012

Haryana Superior Judicial Service (Preliminary) Examination 2012

Question Number: 41-50

41. Specific Relief can be given in the form of
(a) Injunction
(b) Stay
(c) Specific remedy
(d) All of the above

42. State of Uttaranchal v. Balwant Singh Haufal AIR 2011 SC 2550, is important for direction issued by the Supreme Court of India in relation to
(a) Public Interest Litigation
(b) Election of President
(c) Arrest and detention of accused person
(d) Appointment of Lokayukta in different States

43. The 'adultery' as an offence involves sexual act with
(a) a minor girl
(b) own wife without her consent
(c) other person's wife
(d) unmarried woman

44. The jurisdiction of the Supreme Court of India is
(a) Appellate only
(b) Original only
(c) Original as well as appellate
(d) Original, appellate and advisory

45. Prescribed u/s 23 of NDPS Act is
The maximum Punishment of fine for illegal import in to India, export from India or trans-shipment of narcotic drugs and psychotropic substance
(a) Ten thousand rupees
(b) One lakh rupees
(c) Two lakh rupees
(d) None of these

46. The plaintiff may, at his option, join as parties to the same suit all or any of the persons severally or jointly and severally liable on any one contract, including parties to bills of exchange, hundis, promissory notes, property and attachments of moveable properties
(a) True
(b) False
(c) Not a point of law
(d) None of the above

47. The power to attachment of crop (of any opium poppy, cannabis plant or coca plant) illegally cultivated, may be attached by the order of
(a) Any Metropolitan Magistrate
(b) Judicial Magistrate of the first class
(c) Any Magistrate specially empowered by the state government in this behalf
(d) All of the above

48. The power to summon and enforce attendance of witness under the Haryana Urban (Control of Rent and Eviction) Act is provided under section
(a) 12
(b) 16
(c) 17
(d) 17 - A

49. The power to transfer proceeding from one Appellate Authority or Rent Controller to another is conferred upon
(a) Appellate Authority
(b) High Court
(c) Supreme Court
(d) All above

50. The provision of The Prevention of Corruption Act, 1988, in relation to any other law for the time being in force as per sec 28 shall be
(a) In derogation
(b) In addition
(c) In subordination
(d) In equal

Saturday, July 26, 2014

Question Paper | Punjab Superior Judicial Service (Preliminary) Exam 2012

Punjab Superior Judicial Service (Preliminary) Examination 2012

Question Number: 31-40

31. Narcotics commissioner as per section 5 of NDPS Act shall be appointed by
(a) State Government
(b) Central Government
(c) Central Government in consultation with State Government
(d) State Government in consultation with High Court

32. Ordinarily the place of trial of an offence is where
(a) accused is apprehended
(b) Offence is committed
(c) Victim is residing
(d) Sanction is given by the Government

33. Plea bargaining is introduced in the Cr.P.C. through an amendment in
(a) 2005
(b) 2006
(c) 2008
(d) 2009

34. Privity of Contract is that the
(a) Parties to the contract can sue each other
(b) Beneficiary to the contract can sue the parties
(c) Parties to the contract can sue the third party
(d) both b and

35. Proceedings in Code of Civil Procedure include
(i) a proceeding for the execution of a decree or order
(ii) a proceeding for the execution of a decree, order or a prosecution
(a) (i) is correct
(b) (ii) is correct
(c) both are correct
(d) none of the above

36. S.R. Bommai v. Union of India, JT 1994 (2) SC 215 is related to
(a) National Emergency under Article 352
(b) President rule in state under Article 356
(c) Financial Emergency under Article 360
(d) None of the above

37. Section 2 (c) of the East Punjab Urban Rent Restriction Act defines
(a) Controller
(b) Non - residential building
(c) Landlord
(d) Residential building

38. Section 30 of NDPS Act 1985 provides explanation for
(a) Punishment for abetment and criminal conspiracy
(b) Preparation
(c) Punishment for attempt to commit offences
(d) Offences by companies

39. Section 5 of The Prevention of Corruption Act, 1988 provides
(a) Cases triable by Special Judges
(b) Power to appoint Special Judges
(c) Public servant
(d) Procedure and powers of special judge

40. Sentence hearing after conviction of an accused is
(a) Discretion of the Court
(b) Allowed on request of accused
(c) Allowed with consent of public prosecution
(d) Constitutional mandate under Article 21


Question Paper | Haryana Superior Judicial Service (Preliminary) Exam 2012

Haryana Superior Judicial Service (Preliminary) Examination 2012

Question Number: 31-40

31. Past consideration is valid in
(a) England only
(b) India only
(c) both in England and India
(d) neither in England nor in India

32. Punishment for abetment of offence defined in 'section 7 or 11 of the Prevention of Corruption Act, 1988 shall be
(a) Not less then One year
(b) Not less then Six months
(c) Not less then Three months
(d) None of the above

33. Remedies available under Section 24 of the Hindu Marriage Act, 1955 and Section 125 Cr.P.C. are
(a) dependent on each other
(b) independent of each other
(c) contrary to each other
(d) None of the above

34. Remedies for the Breach of Contract are
(a) Compensation
(b) Damages
(c) Specific Relief
(d) All of the Above

35. Right of private defence of property does not extend to causing death against the offence of
(a) Robbery
(b) House Breaking by Night
(c) Trespass
(d) Mischief by fire of building used for custody of property

36. Right to enforce which Articles of the Constitution cannot be suspended during emergency
(a) Articles 19 and 20
(b) Articles 21 and 22
(c) Articles 20 and 21
(d) Articles 19 and 21

37. Right to information is essential part of Article
(a) 19 (1) (a)
(b) 21
(c) 19 (1) (g)
(d) None of these

38. Section 306 of the Indian Penal Code has been declared by the Supreme Court
(a) Not violative of the Constitution of India
(b) Unconstitutional
(c) Illegal
(d) None of the above

39. Section 511 of IPC is not applicable to
(a) Attempt to commit suicide
(b) Attempt to commit rape
(c) Attempt to hurt
(d) Attempt to theft

40. Special court may be constituted for speedy trial of the cases related to NDPS Act u/s
(a) 33
(b) 34
(c) 35
(d) 36

Friday, July 25, 2014

Question Paper | Punjab Superior Judicial Service (Preliminary) Exam 2012

Punjab Superior Judicial Service (Preliminary) Examination 2012

Question Number: 21-30

21. Contract Forbidden by Law are:
(a) Valid
(b) Void
(c) Illegal
(d) Both (b) and Lc)

22. Enforcement of order of maintenance is covered under Section of Cr.P.C.
(a) 125
(b) 128
(c) 126
(d) 127

23. Authority shall be executed by Every order passed by the Rent Controller or by the Appellate
(a) A Civil court
(b) A Court of Magistrate
(c) A High court
(d) The office of the Controller

24. 'Former Suit' denotes that:
(i) a suit which has been decided prior to the suit in question
(ii) whether or not it was instituted prior thereto
(a) is a true statement
(b) (i) is correct only
(c) (ii) is correct only
(d) (i) is correct but (ii) is not

25. Fundamental duties have been inserted in the constitution by
(a) The Constitution (42nd Amendment ) Act
(b) The Constitution (44th Amendment) Act
(c) The Constitution (48th Amendment) Act
(d) None of the above

26. Guardianship in Marriage under Hindu Marriage Act, 1955 has been abolished with the deletion of which Section of HMA, 1955
(a) Section 6
(b) Section 7
(c) Section 22
(d) Section 21

27. If a landlord files any frivolous or vexatious application for eviction of a tenant under East Punjab Urban Rent Restriction Act, the Rent Controller may direct landlord to pay compensation to tenant not exceeding amount of rupee
(a) 100
(b) 500
(c) 1000
(d) 2000

28. In which of the following the Hon'ble Supreme Court held that "right to life" does not include "right to die"
(a) Gian Kaur v. State of Punjab (1996)
(b) P. Rathinam v. Union of India (1994)
(c) State of Maharashtra v. Maruti Sripati (1987)
(d) Gokal Nath v. State of Punjab (1967)

29. In which schedule of Constitution of India, the three lists are mentioned
(a) III
(b) V
(c) IX
(d) VII

30. Murder is defined in the following Section of Indian Penal Code
(a) 299
(b) 300
(c) 301
(d) 302


Question Paper | Haryana Superior Judicial Service (Preliminary) Exam 2012

Haryana Superior Judicial Service (Preliminary) Examination 2012

Question Number: 21-30

21. If a mitakshara co-parcener is given away in adoption, his interest in the joint family property shall
(a) Cease to exist on his adoption
(b) Continue to rest in him together with any liabilities attached thereto
(c) Continue to rest in him but without any liabilities attached thereto
(d) Cease to exist on attaining majority

22. Impossible agreement are
(a) Illegal
(b) Void
(c) Valid
(d) Both (a) and (c)

23. In case of summary trial by special judge a convicted person shall not file appeal if
(a) Sentence of imprisonment not exceeding One month
(b) Sentence of imprisonment not exceeding Two months
(c) Sentence of imprisonment not exceeding Three months
(d) None of the above

24. In cognizable offences a police officer can
(a) Only Investigate the offence
(b) Only Arrest the accused
(c) Only Record First Information Report
(d) Has power to arrest without warrant and investigate the case without order from the court

25. In Indira Gandhi v. Raj Narain, which of the following was held to be the Basic Structure of the Indian Constitution
(a) Free and Fair election
(b) Judicial Review
(c) Both (a) 86 (b)

26. In which case the Supreme Court of India held that polygraph test Conducted under compulsion is violative of article 20(3) of the Constitution
(a) Selvi v. State of Karnataka (2010)
(b) Aruna R. Shanbaug v. Union of India (2011)
(c) Rattan Lal v. State of Punjab (1965)
(d) M.P. Sharma v. Satish Chandra (1954)

27. Jurisdiction to release an accused on anticipatory bail is not with
(a) High Court
(b) Sessions Court
(c) Chief Judicial Magistrate
(d) Both (B) and (C)

28. Legal Aid to the accused at the State expense, is a provisions of law under the of Cr.P.C.
(a) Section 301
(b) Section 302
(c) Section 303
(d) Section 304

29. Maximum limit for solitary confinement under Section 73 of IPC is
(a) Three months
(b) Six months
(c) One year
(d) Two years

30. Meaning of good faith under IPC is doing any thing
(a) Honestly
(b) In Bona-fide manner
(c) with due care and attention
(d) without fault

Thursday, July 24, 2014

Question Paper | Punjab Superior Judicial Service (Preliminary) Exam 2012

Punjab Superior Judicial Service (Preliminary) Examination 2012

Question Number: 11-20

11. Agreement in Restraint of Marriage is a
(a) Void
(b) Valid
(c) Voidable
(d) Both (a) and (c)

12. As per sec. 2 (ix) of NDPS Act, convention and protocol held at which place is included in the meaning of 'International Convention'
(a) New York
(b) Geneva
(c) Vienna
(d) All above

13. As per section 21 of The Prevention of Corruption Act, 1988
(a) Accused person to be a competent witness
(b) Accused person is not a competent witness
(c) Accused person will never be a witness
(d) None of the above

14. Cannabis (hemp) means
(a) Charas and Ganja
(b) Tobacco
(c) Coca plant
(d) All above

15. Chapter II of The Prevention of Corruption Act, 1988 is related to
(a) Appointment of Special Judges
(b) Offences and Penalties
(c) Investigation into cases under the Act
(d) Preliminary Definitions

16. Chapter V A of NDPS Act on Forfeiture of Property derived from or used in Illicit traffic contains provisions from
(a) Sections 68 A - 68 Z
(b) Sections 65 A - 68 Z
(c) Sections 68 - 68 A - Z
(d) Sections 68 - 83

17. Children born out of which type of marriage are legitimate according to Section 16 of Hindu Marriage Act, 1955
(a) Valid Marriage
(b) Voidable Marriage
(c) Void Marriage
(d) All of the above

18. 'Complaint' means
(a) A police Report
(b) An allegation, oral or written to the police
(c) An allegation, oral or written to a Magistrate
(d) An allegation of the accused

19. Constitutional validity of death sentence was determined by the Supreme Court in
(a) Kashmir Singh v. State of Punjab
(b) Sunil Batra v. Delhi Administration
(c) Bachan Singh v. State of Punjab
(d) Mithu v. State of Punjab

20. Contract can be entered between
(a) Juristic persons
(b) Natural Person
(c) Both (a) and (b)
(d) Neither (a) and (b)


Question Paper | Haryana Superior Judicial Service (Preliminary) Exam 2012

Haryana Superior Judicial Service (Preliminary) Examination 2012

Question Number: 11-20

11. Article 21-A was inserted in the Indian constitution by
(a) The constitution (48th Amendment) Act
(b) The Constitution (92nd Amendment ) Act
(c) The Constitution (86th Amendment) Act
(d) The Constitution ( 85th Amendment) Act

12. As per sec. 2 (viia) of NDPS Act 'Commercial quantity' means
(a) 10 gram
(b) 50 gram
(c) 100 gram
(d) Any quantity greater than the quantity specified by the Central Government by notification in the Official Gazette

13. As per section 2(i) of the Haryana Urban (Control of Rent and Eviction) Act `urban area' means any area administered by
(a) A municipal committee
(b) A cantonment board
(c) A town committee
(d) All above

14. As per section 6 of the Haryana Urban (Control of Rent and Eviction) Act, a landlord may stipulate for and receive in advance an amou nt not exceeding rent of
(a) 15 days
(b) One month
(c) Two months
(d) Three months

15. Backwardness under Article 15(4)
(a) Must be social and educational
(b) Must be social and not necessarily to be educational
(c) Must be economic as well as social
(d) None of the above is correct

16. Chapter II of the Prevention of Corruption Act, 1988 contains
(a) Section 3 to 6
(b) Section 3 to 10
(c) Section 7 to 16
(d) Section 5 to 10

17. Desertion to be a ground of divorce under Hindu Marriage Act, 1955, should be for a statutory period of
(a) 5 years
(b) 4 years
(c) 3 years
(d) 2 years

18. Discharge of contract can happen with
(a) Frustration
(b) Performance of contract
(c) Impossibility
(d) All of the above

19. Displaying of goods in the Shopping Mall is
(a) An Offer
(b) Invitation to offer
(c) Acceptance
(d) Neither an offer nor an Invitation to offer

20. Father's widow is a
(a) Class I heir
(b) Class II heir
(c) agnate
(d) cognate

Wednesday, July 23, 2014

Solved Paper | UPHJS (Pre) 2014 | Uttar Pradesh Higher Judicial Service (Preliminary) Exam- 2014

Uttar Pradesh Higher Judicial Service (Preliminary) Examination- 2014

Question Number: 01-10

1. Among the following cities, which one is nearest to the Topic of Cancer.
(A) Delhi
(B) Kolkata
(C) Jodhpur
(D) Nagpur

Ans. (B)

2. Which one of the following Articles of the Indian Constitution provides that it shall be the duty of the Union to protect every state against external aggression and internal disturbance?
(A) Article 215
(B) Article 275
(C) Article 325
(D) Article 353

Ans.

3. Which one of the following Bills must be passed by each House of the Indian Parliament separately, by special majority?
(A) Ordinary Bill
(B) Money Bill
(C) Finance Bill
(D) Constitution Amendment Bill

Ans. (D)

4. Nanda Devi peak forms a part of
(A) Assam Himalayas
(B) Kumaon Himalayas
(C) Nepal Himalayas
(D) Punjab Himalayas

Ans. (B)

5. Who is the author of the book ‘New Dimensions of India’s Foreign Policy'?
(A) A.B. Vajpayee
(B) Jaswant Singh
(C) P.C. Alexander
(D) Yashwant Sinha

Ans. (A)

6. Which country won the ICC Under-19 Cricket World Cup- 2014 ?
(A) India
(B) South Africa
(C) Australia
(D) England

Ans. (B)

7. Which of the following is the lightest metal?
(A) Mercury
(B) Silver
(C) Lithium
(D) Lead

Ans. (C)

8. Nathu La pass connects.
(A) Sikkim and Tibet
(B) Himachal Pradesh to Tibet
(C) Uttrakhand to Tibet
(D) Arunachal Pradesh to China

Ans. (A)

9. Which of the following sets of bills is presented to the parliament along with budget?
(A) Direct taxes and indirect taxes bill
(B) Contingency bill and Appropriation bill
(C) Finance bill and Appropriation bill
(D) Finance bill and Contingency bill

Ans. (C)

10. Novation of a contract under Indian Contract Act means-
(A) Cancellation of contract
(B) Alteration of the contract
(C) The renewal of original contract
(D) Substitution of a new contract in place of original contract

Ans. (D)


DISCLAIMER: The answers provided here are for views purposes only. For any accuracy it should be double checked. Read More...

Question Paper | Punjab Superior Judicial Service (Preliminary) Exam 2012

Punjab Superior Judicial Service (Preliminary) Examination 2012

Question Number: 01-10

1. "Coercion" under Indian Law is also known as
(a) Duress
(b) Voidable agreement
(c) Void Agreement
(d) Both (a) and (b)

2. A foreign judgment may not be conclusive if it has not been given on the merits of case
(a) only true in criminal cases
(b) is a true fact
(c) only true in matrimonial cases
(d) not a true statement

3. A landlord can convert a residential building into a non-residential building
(a) Without the permission of the tenant
(b) With the permission in writing of the Controller
(c) With the permission in writing of the tenant
(d) With the permission of the Registrar

4. A landlord may apply to Rent Controller for eviction of tenant on the ground
(a) For his own use
(b) For use of commercial purpose
(c) For sale of the rented area
(d) None of the above

5. A lets immovable property to B at a yearly rent. The rent for the whole of the year 1995, 1996 and 1997 is due and unpaid. The tenancy is terminated before A sues B in 1998 only for the rent due for 1996. A may afterwards sue B for
(a) payment of the whole rent accrued
(b) ejectment but not for the rent due for 1995 or 1997
(c) ejectment alone after the rent is fully paid
(d) no cause of action arises against B

6. A punishment for vexatious entry, search, seizure or arrest u/s 58 (1) a, b & c by any person empowered u/s 42, 43 or 44 Cr.P.0 shall be
(a) Imprisonment up to one month or fine up to Rs. 500 or both
(b) Imprisonment up to three months or fine up to Rs. 1000 or both
(c) Imprisonment up to six months or fine up to Rs. 1000 or both
(d) Imprisonment up to nine months or fine up to Rs. 2000 or both

7 A testamentary document is denoted as
(a) Agreement
(b) A will
(c) Contract
(d) None of the above

8. A transfer made in violation of Section 22 of the Hindu Succession Act, 1956 is
(a) Void
(b) Valid
(c) Voidable
(d) Illegal

9. Abetment to an offence is not constituted by
(a) Conspiracy
(b) Aiding
(c) Compulsion
(d) Instigation

10. According to Hindu Adoption Laws, which categories of females are permitted to adopt a child
(a) Unmarried female
(b) Married Female
(c) Widow or Divorcee
(d) All of the above


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Question Paper | Haryana Superior Judicial Service (Preliminary) Exam 2012

Haryana Superior Judicial Service (Preliminary) Examination 2012

Question Number: 01-10
 
1. "Marriages of all persons who are citizens of India belonging to various religions should be made compulsorily registrable in their respective states where the marriage is solemnized." This was held by Supreme Court in the case of
(a) Seema v. Ashwani Kumar
(b) Geta Jagdish Mangtani v. Jagdish Mangtani
(c) Durga Prasanna Tripathy v. Arundhaty Tripathy
(d) Ramesh Chand Daga v. Rameshwari Bai

2. `Quantum Meruit' is based upon the rule of:
(a) Rule of Equity and justice
(b) Rule of Law
(c) Law of Fact
(d) Both (b) and (c)

3. A contract with a Minor is a
(a) Valid
(b) Void
(c) Voidable
(d) Both (a) and (c)

4. A is a tradesman in Calcutta. B carries on business in Delhi. B's agent in Calcutta, buys goods of A and requests A to deliver them to East Indian Railway Company, Bombay. A delivers the goods accordingly in Calcutta. A may sue B for the price of the goods in
(a) Calcutta, Delhi and Bombay
(b) Calcutta or Delhi
(c) at all stations of Indian Railways
(d) None of the above

5. A judgment contains
(a) concise statement of the case
(b) the points for determination
(c) the decision on the points of determinations and the reason thereof
(d) all the above

6. A person does not have 'reason to believe' a thing if he does not have any
(a) Information
(b) Sufficient cause to believe
(c) Knowledge
(d) Reasons

7. A Special Judge as per The Prevention of Corruption Act, 198.8 is a Judge
(a) Appointed under section 3
(b) Appointed under criminal law amendment Act 1952
(c) Both a 86 b
(d) None of the above

8. A warrant issued in terms of Cr.P.C. may be executed at
(a) Any place in India
(b) in home district of accused's residence
(c) within the jurisdiction of the court issued warrant
(d) within the jurisdiction of same high court

9. Against the order passed by an officer under the NDPS Act for refusal of licence for the cultivation of the opium poppy a suit or proceeding shall be entertained by which Civil court u/s 73
(a) Civil Judge Class I
(b) Additional District Judge
(c) District Judge
(d) None of the above

10. Any person aggrieved by an order passed by the Rent Controller may file appeal within
(a) 30 days from the date of order excluding time taken to obtain a certified copy of the order
(b) Up to such longer period as the appellate authority may allow
(c) Both a 86 b are correct
(d) None of the above is correct

Saturday, July 19, 2014

Question Paper | Uttarakhand Judicial Service Civil Judge (Junior Division) Preliminary Exam- 2013

Uttarakhand Judicial Service Civil Judge (Junior Division) Preliminary Examination- 2013

GENERAL KNOWLEDGE & LAW

Part – II
LAW

Question Number: 191-200

191. A Hindu wife can adopt a boy and a girl simultaneously
(a) without consent of husband
(b) with the consent of husband
(c) cannot adopt
(d) None of the above

192. Disposal of immovable property of a minor by his natural guardian is
(a) valid
(b) void
(c) voidable at the option of transferee
(d) voidable at the option of minor

193. In India a decree of restitution of conjugal rights can be executed by
(a) attachment of the property of respondent
(b) arrest of the respondent
(c) attachment of property and arrest of respondent, both
(d) either attachment of property or by arrest of respondent and fine

194. Bigamous marriage under the Hindu Marriage Act, 1955 is
(a) Valid
(b) Void
(c) Voidable
(d) Irregular

195. Punishment for violation of condition as to age as provided under Section 5(III) of the Hindu Marriage Act, 1956, has been provided under which of the following section of the Hindu Marriage Act, 1956 ?
(a) Section 18(b)
(b) Section 17
(c) Section 18(a)
(d) None of the above

196. Hanuman Prasad V/s Mst. Babooee Mumraj case is related to which of the following ?
(a) Adoption
(b) Guardianship
(c) Marriage
(d) Maintenance

197. A Hindu husband converting to Islam and marrying again will be guilty of bigamy. It was held in which of the following case ?
(a) Bahurao V/s State of Maharashtra
(b) Dr. A.N. Mukherji V/s State
(c) Sarla Mudgal V/s Union of India
(d) P.V. Venkatraman V/s State

198. Under Hindu law where the husband creates a condition in which the wife is compelled to leave the conjugal home and live separately
(a) the husband may sue for divorce
(b) the wife will be held guilty of desertion
(c) the marriage is irretrievably broken down
(d) the husband is guilty of constructive desertion

199. An illegitimate minor child under Section 20 of the Hindu Adoptions and Maintenance Act is entitled to claim maintenance during his minority from
(a) Father
(b) Mother
(c) Grandfather
(d) Both (a) & (b)

200. A Hindu father-in-law is bound to maintain widow daughter-in-law if
(a) she is having no property or income
(b) she is unable to obtain maintenance out of estate of deceased husband
(c) she cannot obtain maintenance from children
(d) All of the above

Friday, July 18, 2014

Question Paper | Uttarakhand Judicial Service Civil Judge (Junior Division) Preliminary Exam- 2013

Uttarakhand Judicial Service Civil Judge (Junior Division) Preliminary Examination- 2013

GENERAL KNOWLEDGE & LAW

Part – II
LAW

Question Number: 181-190

181. In which of the following sections of T.P. Act ‘transfer by ostensible owner’ is provided :
(a) Section 39
(b) Section 41
(c) Section 40
(d) Section 42

182. In which of the following sections of T.P. Act, transfer in favour of unborn person can be made :
(a) Section 13
(b) Section 12
(c) Section 14
(d) Section 15

183. Which one of the following sections of the T.P. Act provides that when there is a conflict between marshalling and contribution, marshalling shall prevail ?
(a) Section 80
(b) Section 81
(c) Section 82
(d) Section 83

184. Muhammad Afzal V/s Ghulam Kasim (1903) ILR Cal 843 is a leading case on which of the following ?
(a) Rule against perpetuity
(b) Equity of redemption
(c) Doctrine of election
(d) Doctrine of holding over

185. In case of transfer of property for the benefit of the public which of the following restrictions shall not apply ?
(a) Rule against perpetuity
(b) Transfer to take effect on failure of prior interest
(c) Direction of accumulation
(d) All of the above

186. Which of the following is not correctly matched under T.P. Act ?
(A) Universal donee – S. 128
(B) Doctrine of Part performance – S. 53A
(C) Marshalling by subsequent purchaser – S. 65
(D) Mortgagee’s right to forclosure or sale – S. 67
Choose the right answer :
(a) Only (A)
(b) Both (A) and (B)
(c) Only (C)
(d) Both (C) and (D)

187. The following leading cases are related to which of the following subjects ?
A. Gopal V/s Parsottam
B. Santely V/s Wilde
C. Kedar Lal V/s Hari Lal
D. Ali Hussain V/s Nilla Kandan
Choose the correct answer :
(a) Lease
(b) Gift
(c) Mortgage
(d) None of the above

188. Under the Constitution of India all aspects of family law are provided in the
(a) Union List
(b) State List
(c) Concurrent List
(d) None of the above

189. A marriage under Hindu Law between Sapindas parties shall be valid
(a) If the custom or usage governing each of them permits.
(b) If the custom or usage governing any of them permits.
(c) Either (a) or (b).
(d) Neither (a) nor (b).

190. Adultery is a ground under Hindu Marriage Act, 1955 for
(a) judicial separation
(b) divorce
(c) judicial separation and divorce both
(d) only divorce and not judicial separation


Thursday, July 17, 2014

Question Paper | Uttarakhand Judicial Service Civil Judge (Junior Division) Preliminary Exam- 2013

Uttarakhand Judicial Service Civil Judge (Junior Division) Preliminary Examination- 2013

GENERAL KNOWLEDGE & LAW

Part – II
LAW

Question Number: 171-180

171. The affidavit given to the Court is
(a) not an evidence
(b) an evidence
(c) merely a written statement
(d) a proof

172. Which one of the following sections of the Transfer of Property Act provides that ‘mereright to sue’ can not be transferred ?
(a) Section 5
(b) Section 6
(c) Section 7
(d) None of the above

173. Which of the following are actionable claims ?
(i) A share in partnership
(ii) A decree
(iii) Claim for arrears of rent
(iv) Right to get damages for breach of contract
(a) Only (i)
(b) Only (ii)
(c) Only (iv)
(d) Only (i) and (iii)

174. The test to decide whether something attached to the earth has to be regarded as immovable or not, depends on any one of the following ?
(a) The degree or mode of annexation
(b) Place of annexation
(c) The object of annexation
(d) Both (a) and (c)

175. A transfers 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’s interest in the property is
(a) Contingent
(b) Vested
(c) Neither contingent nor vested
(d) Public interest

176. If a property is transferred with the conditions that an interest created therein for the benefit of the transferee shall cease on his becoming insolvent, such a condition is void under which of the following sections of the Transfer of Property Act ?
(a) Section 10
(b) Section 11
(c) Section 12
(d) Section 13

177. A gives a field to B, reserving to himself, with B’s assent, the right to take back the field in case B and his descendants die before A. B dies without descendants in A’s life time. Can ‘A’ take back the field ?
(a) Yes
(b) No
(c) Condition is void
(d) None of the above

178. Every transfer of immovable property made with intent to defeat or delay the creditors of the transferor shall be
(a) Voidable at the option of such creditors
(b) Not void
(c) Void
(d) None of the above

179. In the light of provisions of the T.P. Act, a minor
(a) Can transfer a property
(b) Can not transfer a property
(c) Can accept transfer of property in his favour
(d) Both (b) and (c)

180. ‘Redemption is the heart of mortgage’ was observed by
(a) Lord Develin
(b) Lord Davey
(c) Lord Halsburry
(d) None of the above


Question Paper | Uttarakhand HJS (Main) 2009 | Uttarakhand Higher Judicial Service (Main) Examination 2009

Uttarakhand Higher Judicial Service Main) Examination 2009

Paper No.- 3

Part-A
Indian Evidence Act, 1872

1. Whether a photograph of an origional is a secondary evidence even though the two have not been compared. If so, when? Discuss the provision of law.

2. A client says to his counsel- "I wish to obtain possession of property by the use of a forged deed on which I request you to sue".
Whether this communication is protected or not from disclosure? Discuss the provision of law.


Part-B
Code of Civil Procedure, 1908

3. Whether a suit stands defeated by reason of the misjoinder of parties? What difference does it make if there is non joinder of a necessary party in a suit? Discuss.

4. Whether a mortgagee can bid for purchase of property being sold in execution of a decree on the mortgage? If so when? What are the other requirements of law in this regard? 


Part-C
Code of Criminal Procedure, 1973

5. Whether a Magistrate can ask any accused to give specimen signature or handwriting? Discuss with exception if any?

6. Whether in an appeal against acquittal, accused/ respondent can be arrested and directed to remain in jail till the disposal of appeal? Discuss. 


Part-D
Drafting

7. Draft a 'charge' of an offence punishable under Section 376-B of Indian Penal Code, 1860. 


Wednesday, July 16, 2014

Question Paper | Uttarakhand Judicial Service Civil Judge (Junior Division) Preliminary Exam- 2013

Uttarakhand Judicial Service Civil Judge (Junior Division) Preliminary Examination- 2013

GENERAL KNOWLEDGE & LAW

Part – II
LAW

Question Number: 161-170

161. ‘Not proved’ means
(a) It is not proved.
(b) It has been disproved.
(c) It is neither proved nor disproved.
(d) It is denied.

162. ‘Proof’ is the result of
(a) Inquiry
(b) Evidence
(c) Investigation
(d) Statement

163. “A fact in personal knowledge of the judge can not be taken in evidence.” In which case this had been held ?
(a) Har Prasad V/s Shiva Dayal (1876) 3IA 259
(b) Kashmira Singh V/s State of M.P. 1952 ACR 536
(c) Virendra Kumar Ghosh V/s Emperor ILR (1910) 37 Cal, 474
(d) Pushpa Devi Ramjatia V/s M.L. Wadhwa AIR 1987 SC 1748

164. ‘H’ says that ‘Y’ told him that ‘A’ killed ‘B’. This is
(a) Primary evidence
(b) Best evidence
(c) Hearsay evidence
(d) Admission

165. “An accomplice is a competent witness against an accused” is provided in which of the following Section of Indian Evidence Act ?
(a) Section 130
(b) Section 131
(c) Section 132
(d) Section 133

166. Among the following which is not a public document ?
(a) An unregistered family partition deed
(b) A registered sale deed
(c) A decision of High Court
(d) A decision of Civil Court

167. Which one of the following is not privileged communication ?
(a) Matrimonial communication
(b) Paternal communication
(c) Professional communication
(d) Official communication

168. Under which one of the following Sections of the Indian Evidence Act, a witness under examination gets the right to refresh his memory ?
(a) Section 158
(b) Section 159
(c) Section 160
(d) Section 162

169. Under which of the following Sections of the Indian Evidence Act, the judge determines as to admissibility of fact ?
(a) Section 54
(b) Section 148
(c) Section 136
(d) Section 23

170. The fact sought to be proved is called
(a) Factum probana
(b) Factum probandum
(c) Lex Fori
(d) Lex Loci

Question Paper | Uttarakhand HJS (Main) 2009 | Uttarakhand Higher Judicial Service (Main) Examination 2009

Uttarakhand Higher Judicial Services (Main) Examination, 2009

Paper No. 2
(Civil, Criminal and Constitutional Law)

1(a). "The fact that judiciary has a say in the matter of amendment of the Constitution is the most natable aspect of the doctrine of basic structure." Discuss.
1(b). Discuss briefly the fundamental rights under the Constitution of India.

2(a). Discuss and distinguish 'attempt' from 'preparation' to commit offence. To what extent are these punishable?
2(b). What is abetment? Explain when does an abettor become liable for the offence committed or even not committed.

3(a). 'A' while bleeding profusely goes to 'B' a surgeon and there loses consciousness. Thereupon 'B' immediately performs an operation upon him thinking that it will bring him back consciousness. But 'A' dies immediately after the operation. Discuss the liability of 'B'.
3(b). An accused was found in possession of some property which a person was carrying at the times of his murder. There was neither any eye-witness of the murder nor did the prosecution succeeded in establishing any other incriminating circumstances against the accused. Of what offence, if any, can the accused be convicted?
3(c). A sees B commit what appears to A to be a murder. A, in the exercise, to the best of his judgment, exerted in good faith, of the power which the law given to all persons apprehending murderers in the act, seizes B, in order to bring B before the proper authorities. Subsequently B was found acting in self defence. Whether A can be held guilty for any offence?

4. Write short notes on the following:
(a) Dowery death
(b) Punishment
(c) Mensrea
(d) Possession of forged or counterfeit notes
(e) Public Servant
(f) Defamation

5(a). Which marriages are void and which marriages are voidable according to Hindu marriage Act, 1955. Give illustration.
5(b). Can divorce be obtained by mutual consent under the Hindu Marriage Act? If so, on what grounds and under what provision of law.
5(c). Discuss Hiba under Mohamden Law.

6(a). Explain in detail doctrine of frustration.
6(b). What are the legal consequences of non-registration of an instrument under Indian Registration Act?

7(a). Who can file complaint under the Consumer Protection Act, 1986 and what are the various forums under the said act?
7(b). What is the differences between Gaon Sabha and Land Management Committee.

8. Explain the differences between:
(a) lease and licence
(b) appeal and revision
(c) Explain in brief the ingredients for granting injunction.

Tuesday, July 15, 2014

Question Paper | Uttarakhand Judicial Service Civil Judge (Junior Division) Preliminary Exam- 2013

Uttarakhand Judicial Service Civil Judge (Junior Division) Preliminary Examination- 2013

GENERAL KNOWLEDGE & LAW

Part – II
LAW

Question Number: 151-160

151. What is the essence of pleadings ?
(a) Plead facts not law
(b) Plead law not facts
(c) Plead facts and law
(d) All the above

152. The Bill of Evidence Act was prepared by
(a) Fourth Law Commission
(b) Sir Henry Maine
(c) Sir James Stephen
(d) None of the above

153. Rule of Res Gestae which means facts forming the part of the same transactions which is the facts in issue is discussed in
(a) Section 6
(b) Section 7
(c) Section 5
(d) Section 8

154. The principle of ‘res judicata’ is provided in which of the following section of the Indian Evidence Act ?
(a) Section 140
(b) Section 40
(c) Section 160
(d) Section 164

155. The principle which preclude a person from denying some statement previously made by him is known as
(a) Admission
(b) Confession
(c) Res subjudice
(d) Estoppel

156. Which one of the following is correctly matched under the Indian Evidence Act ?
(a) Burden of proof – Section 101
(b) Dowry Death – Section 122
(c) Dumb witness – Section 107
(d) Accomplice – Section 119

157. Rules relating to ‘identification of parade’ are contained in which of the following section of Indian Evidence Act ?
(a) Section 9
(b) Section 19
(c) Section 29
(d) Section 39

158. Section 74 of the Indian Evidence Act, 1872 deals with
(a) Testamentary document
(b) Non-Testamentary document
(c) Personal document
(d) Public document

159. Under which section of Evidence Act legitimacy of a child born during the lawful wedlock is presumed ?
(a) Section 112
(b) Section 113
(c) Section 114
(d) Section 115

160. Any question suggesting the answer is called
(a) Oral question
(b) Special question
(c) Leading question
(d) Hearsay question

Question Paper | Uttarakhand HJS (Main) 2009 | Uttarakhand Higher Judicial Service (Main) Examination 2009

Uttarakhand Higher Judicial Service (Main) Examination 2009

Paper No. 1


Part One

1. Explain briefly the meaning of any of the five given below-
a. Namo est supra leges
b. Delegata potestas non potest clelegari
c. Audi alteram partem
d. Rex non debet judicare sed secundum legem
e. Caveat emptor
f. Domicile
g. Mesne profits
h. Pro Bona Publico

2. Below in column 'A' are the names of certain books titles and in column 'B' are the names of authors of these books. You have to match the book with its author.

'A' - Title of the book:
Lost Symbols
Jinnah-India, partition, Independence
Idea of Justice
Courting Destiny
The other side of Justice
My own Boswell
Justice as fairness
My life
Utopia
Constitutional Law of India (in three volumes)

'B' - Author:
Jaswant Singh
Dan Brown
Amartya Sen
Justice S.S.Sodhi
Shanti Bhushan
H.M.Seerval
Motilal Seetalwad
Thomas Moore
M.Hidayatullah (Former Chief Justice of India)
John Rawls

3. Write briefly about the salient features of the Right to Information Act, 2005 and your assessment about the utility of this Act in present day India.
(250 words)

4. Secularism is a basic feature of our Constitution. What do you understand by Secularism? While explaining refer to the various provisions of the Constitution of India which are relevant to mention here and which strengthen the argument that secularism is indeed a basic feature of our Constitution. Also refer to leading case laws on this subject.


OR

The independence of india also led to its partition. Was partition necessary? On whom would you fix the responsibility? State briefly the necessary events which led to freedom and partition, such as the Cripps Plan, Cabinet Mission Plan etc.

5. Write short notes on any two of the followings-
a. System software
b. Word processing software
c. Electronic mail


Part Two

6. Write an essay of approximately 300 words, on anyone of the following topics:
(i) Why do you want to become a judge?
(ii) We have three great personalities and figures in our history. Ashoka the great, Akbar the great and Jawaharlal Nehru. Although these figures are widely separated in time, as the first pertains to ancient India, the second to medieval India and the third to modern India; yet there is some striking similarities in them. Discuss.

7. Write a précis of the following paragraph:
In January 1889, or so the story goes, Motilal Nehru, a twenty-seven years old lawyer from Allahabad, in UP, traveled to Rishikesh, a town holy to Hindus, up in the foothills of the Himalayas on the banks of the sacred river Ganga (Ganges), Motilal was weighed down by personal tragedy. Married as a teenager, in keeping with custom, he had soon be widowed, losing both his wife and his firstborn son in childbirth. In due course he had married again, an exquisitely beautiful woman named Swarup Rani Kaul. She soon blessed him with another son- but the boy died in infancy. Motilal’s own brother, Nandilal Nehru, then died at the age of forty-two, leaving Motilal the care of his widow and seven children. The burden was one he was prepared to bear, but he desperately sought the compensatory joy of a son. This, it seemed was not to be.

Motilal and his two companions, young Brahmins of his acquaintance, visited a famous yogi renowned for the austerities he practiced while living in a tree. In the bitter cold of winter, the yogi undertook various penances which, it was said gave him great powers. One of the travelers, Pandit Madan Mohan Malviya, informed the yogi that Motilal’s greatest desire in life was to have a son. The yogi asked Motilal to step forward, looked at him long and hard, and sook his head sadly; ‘You’, he declared, ‘will not have a son. It is not in your destiny.’

As a despairing Motilal stood crestfallen before him, the other man, the learned Pandit Din Dayal Shastri, argued respectfully with the yogi. The ancient Hindu Shastras, he said, made it clear that there was nothing irreversible about such a fate; a great karmayogi like him could simply grant the unfortunate man a boon.

Thus challenged, the yogi looked at the young men before him, and finally sighed. He reached into the brass pitcher and sprinkled water from it three times upon the would-be father. Motilal began to express his gratitude, but the yogi cut him short. By doing this, the yogi breathed, ‘I have sacrificed the benefits of all the austerities. I have conducted over many generations.’

The next day, as legend has it, the yogi passed away. Ten months later, at 11.30 p.m. on 14th November, 1889, Motilal Nrhru’s wife, Swarup Rani, gave birth to a healthy baby boy. He was named Jawaharlal (‘precious jewl’), and he would grow up to be one of the most remarkable men of the twentieth century.

Jawaharlal Nehru himself always disavowed the story as apocryphal, though it was attributed by many to two of the protagonists themselves- Motilal and Malviya. Since neither left a first-hand account of the episode, the veracity of the tale can never be satisfactorily determined. Great men are often ascribed remarkable beginnings, and at the peak of Jawaharlal Nehru’s career there were many willing to promote a supernatural explanation for his greatness. His father, certainly, saw him from a very early age as a child of destiny, one made for extraordinary success; but as a rationalist himself, Motilal is unlikely to have based his faith in his son on a yogi’s blessing.

8. Translate the following paragraph into Hindi:
The whole ratio of the majority judgments as well as the minority judgments in Golak Nath’s case, turns entirely on the meaning to be attacked to two words- the word ‘law’ in Article 13(2) and the word ‘amendment’ in Article 368. Therefore the crucial question is- what is the precise meaning to be attached to these two words. To start with any assumption that the word ‘amendment’ should be construed in its widest sense is to start with the answer instead of starting with the question.

The minority judgments in Golak Nath’s case (supra), as also the earlier cases, proceeded on the assumption that the power of amendment dealt with by Article 368 was plenary. The assumption is wholly without foundation.

Article 368 referred only to the topic of constitutional amendment but was silent as to the subject-matter in respect of which the amending power could be exercised, and was equally silent as to the extent or width of the amending power.

9. Translate the following paragraph into English:
गावों के बाहर एक लम्बा-चौड़ा मैदान था जो धीरे धीरे ऊसर बनता जा रहा था। अब उसमे घास तक न उगती थी। उसे देखते ही लगता था, आचार्य विनोबा भावे का दान के रूप में देने के लिए एक आदर्श जमीन है। और यही हुआ भी था। दो साल पहले इस मैदान को भूदान-आन्दोलन में दिया गया
था। वहाँ से वह दान के रूप में गाँव सभा को वापस मिला। फिर गाँव सभा ने इसे दान के रूप में प्रधान को दिया। प्रधान ने दान के रूप में इसे पहले अपने रिश्तेदारों और दोस्तों को दिया और उसके बचे-खुचे हिस्से को सीधे क्रय-विक्रय के सिद्धांत पर कुछ ग़रीबों और भूमिहीनों को दे दिया। बाद में पता चला कि जो हिस्सा इस तरह ग़रीबों और भूमिहीनों को मिला था वह मैदान में शामिल न था, बल्कि किसी किसान कि जमीन में पड़ता था। अतः उसे लेकर मुकदमेबाजी हुई, जो अब भी हो रही थी और आशा है कि अभी होती रहेगी।