Haryana Judicial Service HCS J 2018 Prelims Question Paper

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Haryana Judicial Service HCS J 2018 Prelims Question Paper

  1. The calling of at least one attesting witness to prove a document under Section 68 of the Indian Evidence Act is not necessary

(A)          when the document other than a Will is registered under the Indian Registration Act, 1908

(B)          when the document including Will is registered under the Indian Registration Act, 1908

(C)          when the document irrespective of whether it is a Will, is registered under the Indian Registration Act, 1908

(D)          both (B) & (C) are correct

 

  1. Which statement is true in relation to a child witness?

(A)          child of tender age can be allowed to testify if he has intellectual capacity to understand questions and give rational answers thereto,

(B)          A child witness may be easy prey of tutoring and when it is established that he is under the influence of tutoring it is not safe to solely rely on his evidence,

(C)          The law recognizes the child as a competent witness but a child of a tender age of six years is not considered by the Court to be a witness whose sole testimony can be relied without other corroborative evidence,

(D)          All above statements are true.

 

  1. Under section 145 of Evidence Act, a witness may be contradicted as to previous statement in writing

(A)          without proving the same but only after showing the same to the witness

(B)          after proving the same may be before showing the same to the witness

(C)          after proving the same & showing the same to the witness

(D)          without proving the same and without showing the same to the witness

 

  1. The Narco-Analysis technique involves intravenous administration of

(A)          Sodium Pentothal

(B)          Potassium Pentothal

(C)          Magnesium Pentothal

(D)          All of the above

 

  1. The evidence unearthed by the sniffer dog falls under

(A)          oral evidence

(B)          documentary evidence

(C)          hearsay evidence

(D)          scientific evidence

 

  1. A non-testamentary document is one

(A)          Which is intended to take effect or be operative immediately on its execution %

(B)          Which is final

(C)          Which is irrevocable

(D)          All the above

(E)          Which is revocable

 

  1. What is the effect of opinion of the experts upon the court?

(A)          Binding on the judge

(B)          Only advisory in nature

(C)          The judge can form an opinion contrary that of expert

(D)          Both (B) and (C)

(E)          None of the above

 

  1. Use of violence by a member of unlawful assembly, in furtherance of their common object will constitute offence of

(A)          Assault

(B)          Rioting

(C)          Affray

(D)          All of the above

(E)          None of the above

 

  1. A is arrested by police and accused of murder of B. During investigation A voluntarily agrees to undergo narco analysis and therein he confesses to have murdered B.

(A)          The confession is relevant and can be sole basis of conviction.

(B)          The confession is irrelevant.

(C)          The confession is relevant but requires corroboration.

(D)          Only that much of A’s statement can be used as leads to discovery of a fact.

(E)          None of the above

 

  1. The general rule is that leading questions cannot be asked during examination in chief. However, there are some exceptions to this rule. Choose the exceptions:

(A)          any question at the discretion of judge

(B)          as to matters which are introductory or undisputed

(C)          as to matters which have already been sufficiently proved

(D)          Both (B) and (C)

(E)          None of the above

 

  1. Secondary evidence of a document is admissible in evidence as a substitute for _______

(A)          Inadmissible primary evidence under certain circumstances

(B)          Admissible primary evidence

(C)          Both (A) and (B)

(D)          None of these

 

  1. As per the Evidence Act, admissions

(A)          Are conclusive proof of the matters admitted

(B)          Are not conclusive proof of the matters admitted but operate as estoppel

(C)          Are conclusive proof of the matter and also operate as estoppel

(D)          None of the above

 

  1. In criminal trials, the accused has to establish his plea for the mitigation or justification of an offence

(A)          Substantially

(B)          Beyond reasonable doubt

(C)          Prima facie

(D)          None of these

 

  1. All statements which the court permits or requires to be made before it by witness in relation to matters of fact under inquiry is/are

(A)          Primary evidence

(B)          Oral evidence

(C)          Hearsay evidence

(D)          Both (A) and (B)

 

  1. Under Sec. 116 of the Evidence Act, the tenant is estopped from denying

(A)          The title to the property of the actual owner

(B)          The title to the property of the landlord

(C)          Both (A) and (B)

(D)          None of these

 

  1. The test of ascertaining the burden of proof lies on the person who would fail if that part is not proved is contained in Section ______ of Evidence Act.

(A)          202

(B)          203

(C)          102

(D)          101

 

  1. Section 124 of the Evidence Act provides privilege in respect of

(A)          Official communications

(B)          Professional communications

(C)          Communication as to the information of commission of offence

(D)          None of the above

 

  1. In execution of a decree for the maintenance, salary of a person can be attached to the extent of

(A)          one fourth

(B)          one third

(C)          two third

(D)          one half.

 

  1. The Commissioner appointed for the purposes of recording evidence (cross- examination) is obliged to submit his report to the court appointing the commission within

(A)          15 days from the date of issue of the commission

(B)          30 days from the date of issue of the commission

(C)          60 days from the date of issue of the commission

(D)          90 days from the date of issue of the commission

 

  1. Where a mortgagee obtains a decree for payment of money in satisfaction of claim arising under the mortgage

(A)          he is entitled to bring the mortgage property to sale without instituting a suit for sale in enforcement of the mortgage under Order 34 Rule 14 CPC

(B)          he is entitled to bring the mortgage property to sale only by instituting a suit for sale in enforcement of the mortgage under Order 34 Rule 1 CPC

(C)          he is entitled to bring the mortgage property to sale in execution proceedings

(D)          Either (A) or (C)

 

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