Friday, January 17, 2014

Question Paper | HCS (J.B.) Pre 2010 | HCS (Judicial Branch) (Preliminary) Examination- 2010

HCS (Judicial Branch) (Preliminary) Examination- 2010

Question Number: 31-40

31. A confession made in police custody is admissible under section 26 of Evidence Act
(a) if made in the presence of a doctor
(b) if made in the presence of a captain of a vessel
(c) if made in the presence of a Magistrate
(d) none of the above

32. A dumb person is a competent witness as provided under
(a) section 118 of the Evidence Act
(b) section 119 of the Evidence Act
(c) section 120 of the Evidence Act
(d) section 121 of the Evidence Act

33. A dying declaration is admissible
(a) only in criminal proceedings
(b) only in civil proceedings
(c) both in civil as well as criminal proceedings
(d) in criminal proceedings alone and not in civil proceedings

34. Admissibility of electronic record has been prescribed under
(a) section 64 of Evidence Act
(b) section 65 of Evidence Act
(c) section 65B of Evidence Act
(d) section 65A of Evidence Act

35. An accomplice is a person
(a) who participates in the commission of crime with the charged accused
(b) who is a prefended confederate
(c) who is an informer
(d) all the above

36. Court question under section 165 of Evidence Act can be put to
(a) any witness
(b) any party
(c) both (a) & (b)
(d) neither (a) nor (b)

37. Define who in the following cases is not competent to testify:
1. A lunatic who is prevented by his lunacy from understanding the questions put to him
2. A child above 7 years but below 12 years able to exhibit maturity and understanding
3. A dumb person capable of putting things in writing
4. A witness who is related to the deceased

(a) 1 alone
(b) 2 alone
(c) 1 and 2
(d) All

38. In criminal proceedings, the burden of proof is
(a) on the prosecution to prove the guilt of the accused
(b) on the accused to prove his innocence
(c) on both the parties
(d) Court decides on whom the burden of proof lies

39. Opinion of an expert under section 45 of Evidence Act
(a) is a conclusive proof
(b) is not a conclusive proof
(c) is supportive & corroborative in nature
(d) is not admissible

40. Oral account of the contents of a document is admissible
(a) when given by a person who has seen & read the document
(b) when given by a person who has seen but not read the document
(c) when given by a person to whom the document was read over
(d) is not admissible in either of the above cases

Question Paper | UPHJS Pre 2009 | Uttar Pradesh Higher Judicial Service (Preliminary) Examination- 2009


Uttar Pradesh Higher Judicial Service (Preliminary) Examination- 2009

Question Number: 31-40

31. Who is authority competent to issue notice to evict and realize damages from a person who has damaged or misappropriated or found in occupation of a Gaon Sabha land unauthorizedly?
(A) Land Management Committee
(B) Lekhpal of the circle
(C) Assistant Collector concern
(D) Collector

32. Under the U.P. Zamindari Abolition and Reforms Act, 1950 at present classes of tenure are-
(A) Bhumidhar, Sirdar, Adhivasi and Asami
(B) Bhumidhar with transferable right and Bhumidhar with non transferable rights
(C) Bhumidhari with transferable rights, Bhumidhar with non transferable rights, Asami and Government lessee
(D) Bhumidhari with transferable rights, Bhumidhar with non transferable rights & Asami

33. Which amongst the following is not exempted from operation of U.P. Urban Buildings (Regulation of Letting Rent & Eviction) Act, 1972?
(A) Any building of which the Government or a local authority or a public sector corporation or a Cantonment Board is landlord
(B) Any building belonging to or vested in a recognized educational institutional
(C) Any building of which the Government or a local authority or a public sector corporation or a cantonment Board is the tenant
(D) Any building, whose monthly rent exceeds two thousand rupees

34. Which amongst the following is not a ground under section 20 of the U.P. Urban Building (Regulation of Letting Rent & Eviction) Act, 1972 for instituting a suit for eviction?
(A) That the tenant is in arrears of rent for not less than four months, and has failed to pay the same to the landlord within one month from the date of service upon him of a notice of demand
(B) That the tenant has without the permission in writing of the landlord made or permitted to be made any such construction or structural alteration in the building as is likely to diminish its value or utility or the disfigure it
(C) That the tenant without the permission of the landlord allowed one of his relatives to live with him in the tenanted accommodation
(D) That the tenant has sub-let, in contraventions of the provisions of section 25, as the case may be, of the old Act the whole or any part of the building

35. Amongst the following which is not a ground for release of a building under Section 21 of the U.P. Urban Building (Regulation of Letting Rent & Eviction) Act, 1972?
(A) That the building is bonafide required either in its existing form or after demolition and new construction by the landlord for occupation himself or any member of his family for residential purpose
(B) That the building is bonafide required either in its existing form or after demolition and new construction by the landlord for occupation himself or any member of his family for purposes of any profession, trade or calling
(C) In case of a residential building for occupation for business purposes
(D) That the building is in a dilapidated condition and is required for purposes of demolition and new construction

36. The President of a Municipal Board on charges can be removed by which amongst the following?
(A) The Municipal Board by simple majority
(B) By the electorate who elected the president by simple majority
(C) By the State Government
(D) By the Commissioner of the Division

37. Which amongst the following is correct process for removal of the Pradhan of a Gaon Sabha?
(A) The Pradhan can be removed by majority of the villagers
(B) The Pradhan can be removed by majority of the members of the Gram Sabha
(C) The Pradhan can be removed by the majority of two-third of the members of the Gaon Sabha present and voting
(D) By an order passed by District Deputy Collector

38. Upon the publication of the notification under Sub-section (2) of Section 4 of the U.P. Consolidation of Holdings Act, 1953, no tenure holder shall use his holding or any part therefore for purposes not connected with agriculture, horticulture or animal husbandry including pisciculture and poultry farming except with the permission in writing of-
(A) Consolidation officer
(B) Deputy Director of Consolidation
(C) Settlement Officer of Consolidation
(D) Consolidation Commissioner

39. In proceedings under the U.P. Consolidation of Holdings Act, 1953 which provisions amongst the following is not applicable-
(A) Section 5 of the Indian Limitation Act
(B) Chapter IX and X of U.P. Land Revenue Act, 1901
(C) Order XXI of Civil Procedure code
(D) Section 196 of Indian Penal Code

40. The authority competent to grant permission for development of land in a development area under U.P. Urban Planning and Development Act, 1973 is-
(A) Development Authority
(B) Chairman of the Development Authority
(C) Vice-Chairman of the Development Authority
(D) State Government