Haryana Judicial Prelims 2010 Question Paper

Haryana Judicial Prelims 2010 Question Paper

1. The meaning of “Audi alteram Partem” is
(a) Rights are associated with the duties
(b) Everybody has a right to defend himself
(c) Everybody should be given a reasonable opportunity to defend himself
(d) None of the above

2. In law, a man is presumed to be dead if he is not heard of as alive for
(a) 4 years
(b) 7 years
(c) 10 years
(d) 15 years

3. A sentence of death by a lower court
(a) must be confirmed by High Court
(b) must be confirmed by Supreme Court
(c) must be confirmed by President
(d) is operational if no appeal is made to High Court

4. Conspiracy needs at least persons
(a) Three
(b) Two
(c) Five
(d) One

5. The act of unlawfully entering into another’s property is known as
(a) Breach of property
(b) Trespass
(c) Easement
(d) Escheat

6. Sexual intercourse with the consent of a girl amounts to rape if she is under
(a) 15 Years
(b) 16 Years
(c) 17 Years
(d) 18 Years

7. Which of the functionaries can be invited to give his opinion to the Parliament?
(a) Chief Justice of India
(b) Chief Election Commissioner of India
(c) Comptroller & Auditor-General of india
(d) Attorney-General of India

8. First Indian President of International Court of Justice was
(a) Justice Nagendra Singh
(b) Justice P.N. Bhagwati
(c) Justice M. Hidayatullah
(d) Justice S.M. Sikri

9. Which of the following is a human rights organization?
(a) I.L.O.
(b) Amnesty International
(c) I.C.J.
(d) Human agency organization

10. Which of the following countries is not a member of SAARC?
(a) Bhutan
(b) Myanmar
(c) Nepal
(d) Pakistan

11. Fourth Estate refers to
(a) Press
(b) Parliament
(c) Executive
(d) None of the above

12. Who is the present Secretary General of United Nations Organization?
(a) Ban-ki-Moon
(b) George Bush
(c) Robert Blackwell
(d) None of the above

13. ‘West Bank’ is a disputed territory between
(a) Syria
(b) Palestine and Israel
(c) Jordan and Israel
(d) None of the above

14. Which is the world’s highest battle ground?
(a) Kargil
(b) Jojila
(c) Siachen
(d) None of the above

15. Who was the first Indian to go in space?
(a) Kalpana Chawala
(b) Kiran Bedi
(c) Rakesh Sharma
(d) Sunita Williams

16. The Rowlatt Act was passed in
(a) 1921
(b) 1917
(c) 1919
(d) None

17. Who was the first and last Indian Governor-General of Independent India?
(a) R. Rajagopalachari
(b) Dr. Rajendra Prasad
(c) Lord Mountbatten
(d) Lord Canning

18. The first woman to become a Governor of a State in India
(a) Vijayalakshmi Pandit
(b) Sarojini Naidu
(c) Fateema Biwi
(d) Sucheta kriplani

19. Bhagat Singh, Rajguru and Sukhdev were hanged for their role in
(a) Kakori case
(b) Lahore Conspiracy case
(c) Meerut conspiracy case
(d) all the above

20. The executive authority of the Union is vested by the Constitution in the
(a) Prime Minister
(b) President
(c) Cabinet
(d) Union Legislature

21. Right to seek advisory opinion of the Supreme Court on any question of law belongs to
(a) President
(b) Governor
(c) Prime minister
(d) President and Governor

22. Which one of the following Chief Justice of India has acted as President of India?
(a) M. Hidayatullah
(b) P.B. Gajendragadkar
(c) P.N. Bhagwati
(d) All of the above

23. An ordinance promulgated by the President –
(a) has an indefinite life
(b) one year
(c) must be laid before Parliament when it re-assembles
(d) None of the above.

24. To contest the election of Rajya Sabha a person shall not be less than
(a) 25 years
(b) 30 years
(c) 35 years
(d) 40 years

25. Area of a Lok Sabha constituency for the purpose of general elections is determined by
(a) Delimitation Commission
(b) Election commission of India
(c) Census Commission
(d) President

26. On which date did India become a Sovereign Democratic Republic?
(a) 15th August, 1947
(b) 26th January, 1950
(c) 30th January, 1952
(d) 26th January, 1947

27. The Constitution is declared to have been adopted & enacted by the
(a) Constituent assembly
(b) People of India
(c) Indian President
(d) Indian Parliament

28. Which of the following Article of the Constitution of India is related to liberty of press?
(a) Article 19
(b) Article 20
(c) Article 21
(d) Article 22

29. Who can impose reasonable restrictions on the Fundamental Rights?
(a) Supreme Court
(b) Parliament
(c) President
(d) None of these

30. The right to Constitutional remedies in india is available to
(a) Citizens of India only
(b) All persons, in case of infringement of any Fundamental Right
(c) All persons, for enforcing any of the Fundamental Rights, conferred on them
(d) An aggrieved individual alone

31. A command asking a public authority to perform its public duty is called the writ of
(a) Habeas corpus
(b) Qua warranto
(c) Mandamus
(d) Prohibition

32. An another name of mercy killing is
(a) Final exit
(b) Euthanasia
(c) Murphy’s death
(d) None of these

33. Every person who is arrested or detained is required to be produced before the nearest Magistrate within a period of
(a) 24 hours
(b) 48 hours
(c) 72 hours
(d) None of these

34. ownership and possession are
(a) same
(b) similar
(c) different
(d) identical

35. When a child is born alive which one is true about him?
(a) He is considered to be a person in the eye of law
(b) He is considered even in womb to be in existence
(c) He is considered to be capable of owning personal rights
(d) All of the above

36. Locus Standi means
(a) One’s personal interest
(b) Right to sue
(c) Right to be heard
(d) Right to intervene

37. A contract is –
(a) An agreement enforceable by law
(b) A set of promises
(c) An agreement not enforceable by law
(d) A promise to do something or abstain from doing something

38. IIIegality renders a contract
(a) Punishable
(b) Void
(c) IIIegal
(d) All of these

39. Total no. of seats in Lok Sabha for Haryana is
(a) 13
(b) 15
(c) 20
(d) None of above

40. First Chief Minister of Haryana State was
(a) BD Sharma
(b) Bansi Lal
(c) Rao Birender Singh
(d) Devi Lal

41. Which of the following statements is/are correct:
1. A claim for damages arising out of breach of conduct is not debt.
2. A person who enters into a contract with Government does not necessarily thereby undertake any public duty.
(a) 1 only
(b) 2 only
(c) both 1 and 2
(d) Neither 1 nor 2

42. Which of the following agreement (s) is/are void?
1. Agreement without consideration.
2. Agreement is restraint of legal proceedings.
3. Agreement effected by fraud
(a) 3 only
(b) 2 only
(c) 1, 2 and 3
(d) 1 and 2

43. ‘A’ obtained a sum of Rs. 10,000/- from ‘B’ by putting ‘B’ in fear of death. Which one of the following offences was committed by ‘A’?
(a) Cheating
(b) Robbery
(c) Mischief
(d) Extortion

44. Use of violence by a member of an assembly of five or more persons in furtherance of common object will constitute:
(a) Affray
(b) Assault
(c) Rioting
(d) Unlawful assembly

45. ‘A’ sees ‘B’ drowning, but does not save him. ‘B’ is drowned. ‘A’ has committed:
(a) the offence of murder
(b) the offence of abetment of suicide
(c) the offence of culpable homicide not amounting to murder
(d) no offence

46. ‘A’ has knocked down two teeth of ‘B’. ‘A’ has committed the offence of:
(a) grievous hurt
(b) simple hurt
(c) culpable homicide
(d) attempt to hurt

47. Which one of the following statements correctly define the term ‘murder’?
(a) Act by which the death is caused must have been done with the intention of causing such bodily injury as is likely to cause death.
(b) Death is caused with the knowledge that he is likely to cause death by his act
(c) Death is caused with the intention of causing such bodily injury as the offender knows to be likely to cause death of the person to whom the injury is caused
(d) Death is caused under grave and sudden provocation

48. A servant collected money from the debtor of his master as authorized by him. The servant retained the money in his hands because it was due to him as wages. He commits:
(a) criminal breach of trust
(b) theft
(c) no offence
(d) criminal misappropriation

49. ‘A’ finds a watch on the floor of a State Transport bus while he was leaving it as the last passenger. He picked it up and put it in his pocket instead of returning it to the State Transport authorities. Next day he sold it. ‘A’ is liable for:
(a) theft
(b) extortion
(c) criminal misappropriation
(d) criminal breach of trust

50. Under which of the following situations the Indian Courts would have jurisdiction?
1. Crime committed by an Indian in a foreign country
2. Crime committed by a foreigner in India
3. Crime committed by a person on an Indian ship
(a) 1 and 2
(b) 1 and 3
(c) 2 alone
(d) 1, 2 and 3

51. Which one of the following is an essential ingredient of sedition?
(a) Shonest intention
(b) Mala fide intention
(c) Words spoken must cause public disorder by act of violence.
(d) Words spoken must be capable of exciting disaffection towards the Government

52. Nothing is an offence which is done by a person who is
(a) 100-years-old man
(b) 6-years-old boys
(c) 12-years-old girl
(d) 8-years-old girl

53. Acceptance sent through post:
(a) can be revoked at any time
(b) cannot be revoked at all
(c) can be revoked before it comes to the knowledge of the offeror
(d) can be revoked only if it does not reach the offeror

54. Who won the Women’s single title at Wimbledon in 2010?
(a) Venus Williams
(b) Serena Williams
(c) Martina Sharparova
(d) Vera Zvonareva

55. Who is the current top ranked Woman Badminton player in India?
(a) Sania Mirza
(b) Saina Nehwal
(c) Shiny Wilson
(d) None of these

56. Which of the following Section defines the doctrine of holding out, creating the liability on a ‘Non-partner’ under Indian Partnership Act?
(a) Section 28
(b) Section 29
(c) Section 30
(d) Section 31

57. A dissolution of a firm can be claimed under Section 44 (e) of the Indian Partnership Act, where a partner has transferred his interest in the partnership firm to
(a) a partner
(b) a third party
(c) all the partners
(d) none of the above

58. A firm is liable to be compulsorily dissolved under Section 41 of the Indian Partnership Act on adjudication of
(a) all the partners as insolvents
(b) all but one of the partners as insolvents
(c) either (a) or (b)
(d) neither (a) nor (b)

59. A minor, who has been admitted to the benefits of the partnership under Section 30(5) of the Indian Partnership Act on attaining majority has to exercise an option, to stay or to leave the firm within
(a) one month of attaining majority
(b) six months of attaining majority
(c) 90 days of attaining majority
(d) None of the above

60. A partnership firm is
(a) a distinct legal entity from its partners
(b) not a distinct legal entity from its partners
(c) a juristic person
(d) none of the above

61. An illegal partnership
(a) can sue
(b) can be sued
(c) cannot be sued
(d) both (a) & (b)

62. Consider the following statements about the Queen’s Baton Relay and indicate the correct ones:
1. The helix shape of the Baton of the 2010 Commonwealth Games, created out of aluminium, is coated with a graded and layered soil pattern in back, yellow and red to represent the diversity of Commonwealth nations.
2. This relay traditionally begins with a commencement ceremony at Buckingham Place, London, during which, the Queen entrusts the Baton Containing her message to the athletes to the first honorary relay runner.
3. The Relay for the 1998 Games in Kuala Lumpur, Malaysia was the first to travel to other nations of the Commonwealth.
(a) 1, 2 and 3
(b) 2 and 3 only
(c) 2 only
(d) 1 and 3 only

63. Which of the following committees was constituted as per the directions of the Supreme Court of India to frame guidelines on students union elections in Colleges/Universities?
(a) Moily Committee
(b) Lyngdoh Committee
(c) Sachar Committee
(d) Ganguly Committee

64. If the Prime Minister is a member of the Rajya Sabha?
(a) He/she has to get elected to the Lok Sabha within six months
(b) He/she can declare the government’s policies only in the Rajya Sabha
(c) He/she cannot vote in a no confidence motion
(d) He/she cannot take part in the budget deliberations in the Lok Sabha

65. Confederations Cup has been bagged by
(a) Argentina
(b) Chile
(c) Brazil
(d) Paraguay

66. Which of the following countries is not the party to the ‘Peace Pipeline Agreement’?
(a) Afghanistan
(b) India
(c) Pakistan
(d) Iran

67. The country which recently came into news for attacks on Indian students is
(a) Canada
(b) England
(c) Australia
(d) Germany

68. Which of the following countries is not a part of G-5 developing nations grouping?
(a) Mexico
(b) Indonesia
(c) India
(d) Brazil

69. Who among the following was elected as first women Speaker of Lok Sabha?
(a) Dayavi Verma
(b) Saumya Thangam
(c) Meira Kumar
(d) Jyoti Amuba

70. Whose record did Roger Federer level by winning his 14th Grand Slam title in 2009?
(a) Bjorn Borg
(b) Andre Agassi
(c) John McEnroe
(d) Pete Sampras

71. On November 25, 2009 Indian President Pratibha Patial became the first woman head of State to fly in a fighter jet. The jet she flew in was
(a) MIG
(b) Vajra
(c) Falcon
(d) Sukhoi

72. Which of the following has been brough within the ambit of the Right to Information by the recent Verdict of Delhi High Court?
(a) President of India
(b) Prime Minister of India
(c) Chief Justice of the Supreme Court
(d) None of the above

73. V.K. Singh is the new Chief of
(a) Army
(b) Navy
(c) Air force
(d) B.S.F.

74. Under which Section of the Civil Procedure Code a second appeal can be filed
(a) Section 99
(b) Section 99-A
(c) Section 100
(d) Section 100-A

75. A decree can be
(a) preliminary
(b) final
(c) either preliminary or final
(d) none of the above

76. A judgment passed by a court can be reviewed
(a) by the court passing the judgment
(b) by the court of District Judge
(c) by the High Court
(d) all of the above

77. A necessary party is one in whose
(a) absence no order can be made effectively
(b) absence an order can be made but whose presence is necessary for the complete decision of the case
(c) only (b) is correct
(d) none of the above

78. A suit through ‘next fried’ can be filed by
(a) a minor
(b) a lunatic
(c) both (a) & (b)
(d) none of the above

79. A temporary injunction can be granted to a party establishing
(a) a prima facie case in his favour
(b) balance of convenience in his favour
(c) irreparable injury to him in the event on non-grant of injunction
(d) all of the above

80. Abatement means
(a) suspension or termination of proceedings in an action for want of proper parties
(b) the process of bringing on record legal representatives of the deceased party
(c) both (a) and (b)
(d) none of the above

81. An executing court
(a) can modify the terms of the decree
(b) can vary the term of the decree
(c) can modify and vary the terms of the decree
(d) can neither modify nor vary the terms of the decree

82. Civil Procedure Code provides for
(a) temporary injunction
(b) permanent injunction
(c) mandatory injunction
(d) none of the above

83. In case the suit has been instituted in a court having no jurisdiction territorial or pecuniary the plaint is liable to be
(a) returned
(b) rejected
(c) either (a) or (b)
(d) none of the above

84. In which of the following cases res-judicata is not applicable
(a) consent/compromise decree
(b) dismissal in default
(c) both (a) & (b)
(d) none of the above

85. Pleading can be amended
(a) before the trial court
(b) before the first appellate court
(c) before the second appellate court
(d) all of the above

86. A confessional statement recorded in accordance with the special procedure under section 164 of Cr. P.C.
(a) can be used as a substantive evidence without being formally proved
(b) cannot be used as a substantive evidence at all
(c) cannot be used as a substantive evidence without being formally proved
(d) either (b) or (c)

87. A proclamation under Section 82 Cr. P.C. can be issued against a person against whom a warrant has been issued. Thus a proclamation can be issued against
(a) accused offender
(b) surety
(c) a witness
(d) all the above

88. A Public Prosecutor for the High Court is appointed under Section 24 of the Code of Criminal procedure, 1973 by the
(a) Central Government without consultation with the High Court
(b) State Government without consultation with the High Court
(c) State government after consultation with the High Court
(d) State Government or Central Government after consultation with the High Court

89. Cognizable offence has been defined
(a) under Section 2 (e)
(b) under Section 2 (c)
(c) under Section 2 (i)
(d) under Section 2 (k)

90. Compounding of offence under Section 320 of Cr. P.C. results in
(a) acquittal of the accused under all circumstances
(b) acquittal of the accused only where the charge has already been framed
(c) discharge of the accused where the charge has not yet been framed
(d) either (b) or (c)

91. FIR can be filed under which Section of Cr. P.C.
(a) Section 151
(b) Section 154
(c) Section 155
(d) Section 54

92. FIR is not a substantive evidence it can be used during trial
(a) to corroborate the informant
(b) to contradict the informant
(c) both (a) & (b)
(d) neither (a) nor (b)

93. Hearing on sentence by a Magistrate is required on conviction
(a) in a summons trial case under Section 255 (a) of Cr. P.C.
(b) in a warrant trial case under Section 248(a) of Cr. P.C.
(c) both (a) & (b)
(d) neither (a) nor (b)

94. Power under Section 311 of Cr. P.C. can be exercised by the Court
(a) to recall any witness (es) already examined
(b) to summon any witness who has been cited as a witness but not produced or examined before the evidence is closed
(c) to summon any witness who has not been cited as a witness
(d) all of the above

95. A communication made to the spouse during marriage under Section 122 of Evidence Act.
(a) Remains privileged communication after the dissolution of marriage by divorce or death
(b) Does not remain priviledged after the dissolution of marriage by divorce or death
(c) Does not remain privileged after the dissolution of marriage by divorce, but remains privileged even after death
(d) Remains privileged after the dissolution of marriage by divorce but not so on after death.

96. 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

97. A dumb person is 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

98. A dying declaration is admissible
(a) only is 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.

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

100. 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 of the above

101. 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)

102. 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) 1and 2
(d) all

103. 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

104. 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

105. 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.

106. Under Section 32 of Evidence Act, a statement of a person who is dead, to be admissible
(a) must relate to the cause of his own death
(b) may relate to the cause of someone else’s death
(c) may relate to the cause of his own death or someone else’s death
(d) both (b) & (c) are correct.

107. When the Court obtains a sample of handwriting or signature of a person under section 73 of the Indian Evidence Act, 1872, the Court
(a) itself may compare the same
(b) itself may compare the same or may refer it to an expert under section 45
(c) can not refer it to an expert under section 45
(d) must refer the same to an expert under section 45

108. A bigamous marriage contracted before the commencement of the Hindu Marriage Act, 1955
(a) ipso facto becomes void
(b) becomes voidable
(c) remains valid
(d) neither of them

109. A Hindu ceases to be a Hindu by
(a) Renunciation
(b) Abandonment
(c) Conversion
(d) Neither of these

110. Spinda relationship includes relationship by
(a) half or uterine blood
(b) full blood
(c) adoption
(d) all of the above

111. venereal disease to be a ground for divorce under section 12 (1) (v) of Hindu Marriage Act, 1955
(a) must be in communicable form
(b) must be in non-communicable form
(c) must be in either (a) or (b)
(d) form is not relevant

112. when two person are the descendents of a common ancestor but by different wives, they are said to be related to each other by
(a) half blood
(b) full blood
(c) uterine blood
(d) either (b) or (c)

113. Which school of law does not recognize the talaq pronounced under compulsion or undue influence or by
(a) Shia
(b) Malikis
(c) Shafiis
(d) All of above

114. For divorced women not subject to menstruation “Iddat period” means – lunar month after her divorce
(a) two
(b) three
(c) four
(d) nine

115. Set- off can be
(a) legal set-off
(b) equitable set-off
(c) both (a) and (b)
(d) none of the above

116. several persons can be joined as plaintiffs, in cases
(a) where right arises out of the same act in favour of such person
(b) where any common question of law is involved
(c) both (a) and (b)
(d) none of the above

117. The court under Section 89(1) of CPC can refer the dispute for
(a) arbitration or conciliation
(b) conciliation or mediation
(c) mediation or Lok Adalat
(d) arbitration or conciliation or Lok Adalat or mediation

118. A time barred debt can be claimed
(a) As a set-off
(b) As a counter claim
(c) As a fresh suit
(d) None of the above

119. Condonation of delay under section 5 of Limiation Act
(a) can be claimed as a matter of right
(b) is a matter of discretion of the court
(c) sufficient cause for the delay has to be shown
(d) none of the above.

120. On acknowledgement, fresh period of limitation starts
(a) from the date of signing of acknowledgement
(b) from the date of promise of acknowledgement
(c) from the date of expiry of extended period of limitation
(d) none of the above

121. Period of limitation for setting aside an ex parte decree is
(a) 60 days
(b) 30 days
(c) 90 days
(d) 10 days

122. Period of limitation for suits relating to accounts is
(a) 3 years
(b) 7 years
(c) 1 years
(d) 5 years

123. The Supreme Court laid down certain requirements to be followed in all cases of arrest or detention in
(a) Vishakha’s case
(b) DK. Basu’s case
(c) antulay’s case
(d) Keshavananda Bharti’s case

124. The expression ‘goods’ under Section 2(7) of the Sale of Goods Act, 1930 includes
(a) both movable and immovable property
(b) every kind of immovable property including actionable claims and money
(c) every kind of movable property other than actionable claims and money
(d) all movable property including money

125. The second Commission on Centre-State Relations is headed by
(a) Vijay Kelkar
(b) R.S. Sarkaria
(c) M.M. Punchhi
(d) None of the above