Haryana Judicial ADJ Prelims 2012 Question paper

Haryana Judicial ADJ Prelims 2012 Question paper

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 Merit’ is based upon the rule of:
(a) Rule of Equity and justice
(b) Rule of Law
(c) Law of Pact
(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, 1988 is a Judge
(a) Appointed under section 3
(b) Appointed under criminal law amendment Act 1952
(c) Both a & 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 & b are correct
(d) None of the above is correct

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’ Commerical 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 amount 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 e3conomic 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 widown is a
(a) Class I heir
(b) Class II heir
(c) agnate
(d) congnate

21. If a mitakshara co-parcener is given away in adoption, hiw terest 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) IIIegal
(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) & (b)
(d) None of these

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 attenction
(d) without fault

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) IIIegal
(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

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. The maximum Punishment of fine for illegal import in to India, export from India or trans-shipment of narcotic drugs and psychotropic substance prescribed u/s 23 of NDPS Act is
(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, canna bis 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

51. The Schedule attached with the NDPS Act 1985 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’ is 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

61. Which of the following relation is one of the four relations which has been elevated to class 1 heirs category, by the Amendment Act of 2005
(a) Son’s daughter’s son
(b) Daughter’s Daughter’s son
(c) Daughter’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 & b
(d) None of the above

63. The famous Chinese pilgrim Fa-hiem 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 utne 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) Indian 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

71. The idea of Constituent Assembly to frame a Constitution for India war 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) Haeas 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 power of 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 in terest
(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 citizenj
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

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

91. The Act comes into the force on the day
(a) It receives the assent of the President or Governor as the case may be
(b) It receives the consent of the President or Governor as the case may be
(c) It is passed by the lower house
(d) It is passed by both the houses after due deliberation

92. The words not defined in the Specific Relief Act shall be understood according to
(a) The Indian Contract Act
(b) The Indian Succession Act
(c) Transfer of Property Act
(d) None of the above

93. Specific Relief Act is the product of
(a) 8th Report of Law Commission of India on SRA of 1877
(b) 9th Report of Law Commission of India on SRA of 1877
(c) 10th Report of Law Commission of India on SRA of 1877
(d) None of the above

94. Burden to prove adverse possession is on
(a) Court
(b) Plaintiff
(c) Defendant
(d) None of the above

95. Section 13 of the Specific Relief Act has no application when the transfer has been effected in respect of a property
(a) in which vendor has no title or has an imperfect title
(b) in which vendor has title
(c) in which vendor has imperfect title
(d) none of the above

96. Mistake contemplated under Section 26 of the Specific Relief Act is
(a) Mutual mistake
(b) Mistake in framing of the instrument
(c) bilateral mistake
(d) all of the above

97. Proviso to Section 34 of the Specific Relief Act relates to
(a) suits for injunctions
(b) suits for declaration
(c) suits for specific performance
(d) all of the above

98. Within the meaning of Section 15 of the Specific Relief Act, the assignee falls
(a) within the meaning of representative in interest or principal
(b) representative of interest only
(c) representative of principal only
(d) none of above

99. What is true of temporary injunction
(a) is permanent between the parties
(b) concludes the right
(c) continues until a certain specific period
(d) can’t be granted ex-parte

100. In cases of specific performance of a contract, the rights of the parties are governed by the principles of
(a) law
(b) equity
(c) equity and law
(d) neither equity and nor law

101. Period of limitation for application for substitution of the legal representatives of a party to the suit is
(a) 10 days
(b) 30 days
(c) 60 days
(d) 90 days

102. The maximum period of limitation prescribed in the Limitation Act is
(a) 12 years
(b) 3 years
(c) 30 years
(d) 35 years

103. Limitation Act, 1963 is applicable to
(a) Only Civil Proceedings
(b) Only criminal Proceedings
(c) Only to Civil Proceedings and Election Petitions
(d) Only to Civil Proceedings and some special Criminal Proceedings

104. Period of Limitation means
(a) period of limitation prescribed for any suit, appeal or applicable by the schedule
(b) period of limitation computed according to the provisions of this Act
(c) both (a) and (b)
(d) None of the above

105. The limitation period expired on 1.1.2012. but court had holidays from 30 December 2011 – 5 January 2012. Limitation would expire on
(a) 29 December 2011
(b) 6 January 2012
(c) 1 January 2012
(d) Discretion of the court

106. A right to sue accrued to X on 1.1.2000 when he was a minor aged 15 years. The period of limitation of 2 years expires on
(a) 1.1.2002
(b) 1.1.2003
(c) 1.1.2005
(d) None of the above

107. limitation for filing an appeal commences from
(a) The date of the judgment
(b) The date of signing of the decree
(c) The date of application for the copy of the judgment
(d) The date of availability of copy of the judgment

108. The period of limitation as given in the schedule
(a) can be extended by the courts
(b) can be extended by the parties to the contract
(c) can be restricted and extended by the parties
(d) can neither be extended nor restricted

109. Relevancy of facts forming part of the same transaction forms a part of Section ___of the Indian Evidence Act, 1872
(a) 4
(b) 5
(c) 6
(d) 7

110. Communication by a client to an Advocate is not permitted to be disclosed under Section ___of the Indian Evidence Act, 1872
(a) 126
(b) 127
(c) 128
(d) 129

111. One of the question whether a crime was committed by A on a certain day at Chandigarh the fact that on that day he was at Calcutta is relevant because
(a) This reflects the conduct of the accused
(b) Relevant as Preparation
(c) Inconsistent to Facts in Issue
(d) Relevant as Motive

112. ‘Admission’ is a statement which is
(a) oral, written, spoken
(b) oral and documentary
(c) oral, documentary or contained in electronic form
(d) none of the above

113. Rule of estoppels is contained in Section ____of the Evidence Act, 1872
(a) 112
(b) 115
(c) 118
(d) 120

114. Section 113B of the Evidence Act contains provision regarding
(a) Resumption as to Dowry Death
(b) Presumption as to intention to cause death
(c) Presumption as to cause of death
(d) Presumption as to motive to cause death

115. Section 134 of the Evidence Act provides a set number of witnesses in a case as a requirement of proof
(a) None
(b) One
(c) Minimum Two
(d) Two Alone

116. According to Transfer of Property Act, the immovable property does not include
(a) grass
(b) standing timber
(c) growing crops and grass
(d) standing timber, growing crops and grass

117. Which is not the immoveable property as per the Transfer of Property Act
(a) Growing Crops
(b) A right of way
(c) A lease of land
(d) A life interest in the income of immovable property

118. A right to sue for damages is
(a) An actionable claim
(b) Not an actionable claim
(c) Not only a mere right to sue
(d) Transferable.

119. In a transfer of a house, the transferor will get
(a) Easementary rights
(b) Locks, keys, doors, etc.
(c) Rent due after the transfer
(d) All of the above

120. Section 52 of the Transfer of Property Act deals with
(a) Rule against perpetuity
(b) Lis pendens
(c) Doctrine of apportionment
(d) Doctrine of part-performance

121. __________is a transfer of ownership is exchange for a price paid or promised or part paid and part promised
(A) Sale
(B) Mortgage
(C) Pledge
(D) Exchange

122. Which of the following is an immovable property within the meaning of Section 2(6) of the Registration Act, 1908
(a) Standing timber
(b) Growing Crops
(c) Grass
(d) None of the above

123. Which of the following statement is true with regard to Section 123 of the Transfer of Property Act, 1882
(a) It provides an exception to Section 17(1)(a) of the Registration Act
(b) It is supplemental to Section 17(1)(a) of the Registration Act
(c) It provides an exception to Section 17(I)(b) of the Registration Act
(d) It is supplemental to Section 17(I) (b) of the Registration Act

124. Which of the following is compulsorily registrable
(a) Gift in lieu of dower
(b) Hiba-bil-iwaz
(c) Both (a) & (b)
(d) Neither (a) nor (b)

125. In which case the Supreme Court held that where the parties set-up competing titles and the differences are resolved by a compromise, there is no question of one deriving title from the other and so the document is not compulsorily registrable
(a) Roshan Singh v. Zile Singh
(b) Ghulam Ahmad v. Ghulam Qadir
(c) Bakhtawar Singh v. Gurdev Singh
(d) S.V. Chandra pandian v. S.V. Sivalinga Nadar