Himachal Judicial Mains 1994 Civil Law-II Question Paper

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Q. No. 1
Decree shall be deemed to include the rejection of a plaint and the determination of any question within section 144 of C.P.C.
(a) Wrong
(b) Right
(c) It includes rejection of plaint but does not includes the determination of any question within sec. 144 of C.P.C.
(d) It includes determination of any question within sec. 144 of C.P.C. but shall not include rejection of a plaint

Q. No. 2
Whether an issue heard finally decided by a competent court of limited jurisdiction shall operate as resjudicata in a subsquent suit that the aforesaid court was not competent to try :-
(a) No
(b) Yes
(c) Answer would depend upon the nature of the issue
(d) None of the above

Q. No. 3
Undes sec. 34 of C.P.C. court award interest from the date of decree to the date of payment or such earlier date as the court thinks fit. Rate of such interest shall not exceed……. per annum :-
(a) Nine percent
(b) Ten percent
(c) Six percent
(d) Twelve percent

Q. No. 4
Caveat shall not remain in force after expirty of :-
(a) Ninety days
(b) Sixty days
(c) Thirty days
(d) Fifteen days

Q. No. 5
Where the plaint has been rejected the plaintiff on the same cause of action :-
(a) May file new suit
(b) Can’t file new suit
(c) May present with the leave of High Court
(d) None of these

Q. No. 6
Where decree is for the partition of an undivided estate assessed to the payment of revenue to the government, the partition of the estate, in accordance with the Law for the time being in force, shall be made by :-
(a) The Naib Tahsildar
(b) TheNazir
(c) The collector
(d) The Commissioner appointed by the court

Q. No. 7
During the proceeding of execution of a decree, a question arises as to whether any person is or not the representative of a party such question shall be determined by:-
(a) The court which passed the decree
(b) The court executing the decree
(c) The appellate Court
(d) A Separate Suit

Q. No. 8
In a suit which relates to a railway the authority to be named as plaintiff or defendant shall be :-
(a) The General Manager of the railway
(b) A secretary to the central Government
(c) The collector of the district
(d) The station master of the railway

Q. No. 9
During service of summons defendant was found absent from his residence & within reasonable time no chance to get back at his residence, service of the summons may be made on :-
(a) On servant
(b) Minor daughter
(c) Adult Son
(d) Munim

Q. No. 10
In which condition the officer incharge of the prison may refuse to produce the prisoner for evidence despite court’s order :-
(a) Where the prisoner is related to Rulling party
(b) Where the prisoner is ExMinister
(c) Where the prisoner is Government servant
(d) Where the madical officer has certified the prisoner is unfit to be removed

Q. No. 11
A suit may be dismissed where, after a summons has been issued to the defendant and returned unserved, plaintiff fails to apply for fresh summons for the period of :-
(a) Thirty days
(b) Sixty days
(c) One month
(d) Two months when the plaintiff falis to apply for fresh summons from the court ( Now seven days amended)

Q. No. 12
Where any party dies after conclusion and before pronouncing Judgement :-
(a) The suit shall abet
(b) The suit shall not abet
(c) The suit shall not abet if cause of action survives
(d) It depends on the discretion of the court whether it shall abet or not

Q. No. 13
After the passing of the decree for payment of money, on the application of the judgement debtor court shall not order that payment of amount of decree shall be made by instalments:-
(a) Without recording evidence of both parties
(b) Without obtaining affidavits from both parties
(c) Without obtaining documents regarding the financial position of the debtor
(d) Without the consent of decree holder

Q. No. 14
Where an indigent person succeeds the court fee shall be recovered :-
(a) From the defendant
(b) From the state Govt.
(c) Not recoverable
(d) From the plaintiff

Q. No. 15
Appointment of receivers of any property can be made when :-
(a) Before decree
(b) After decree
(c) Only appellate court can made order
(d) When it apears to the court to be just & convenient whether before or after decree

Q. No. 16
Right of private defence of the body extends *o voluntarily causing death if the offence which occasions the exercise or right:-
(a) Reasonably causes apprehension that death will be caused.
(b) Resonably causes an apprehension of simple hurt
(c) Recovery to be made from thief who escaped
(d) When the person is escaping after causing hurt.

Q. No. 17
Which of the following punishments cannot be awarded under the Indian penal Code:-
(a) Forfeiture of Property
(b) Rigorous imprisionment
(c) Transportation for life
(d) Death

Q. No. 18
Nothing is an offence which is done by a child under :-
(a) Eight years
(b) Ten years
(c) Seven years
(d) Twelve years

Q. No. 19
What is not correct about Rape :-
(a) Consent is immaterial if she is U/16 years
(b) Penetration is sufficient
(c) Intercourse by a man with his own wife & the wife is not being under 15 years, is not rape.
(d) Death penalty may be awarded

Q. No. 20
A instigates B to instigate C to murder Z. B accordingly instigate C to murder Z and C commits that offence in consequence of B’s instigation A is:-
(a) Not guilty of any offence
(b) Not guilty of abetting murder
(c) Guilty of abetment by conspiracy
(d) Guilty of abetting murder

Q. No. 21
What is the offence where preparation where of offence is also punishable:-
(a) Theft
(b) Docoity
(c) Murder
(d) Rape

Q. No. 22
Z strikes B. B is by this provocation excited to violent rage. A a by slander, intending to take advantage of B’s rage and to cause him to kill Z puts a knife in to B’s hand for that purpose B kills Z with kniie. What offence A is guilty of:-
(a) Culpable homicide not amounting to murder
(b) Abetting culpable homicide
(c) Attempt to murder
(d) Murder

Q. No. 23
What punishment may be awarded to the person whose act is covered under general exceptions :-
(a) No Punishment
(b) Half of the punishment prescribed for that offence
(c) One fourth of the punishment prescribed for that offence
(d) Depends upon discretion of the court

Q. No. 24
A finds the key to Y’s house door, which Y had lost and commits home trespass by entering Y’s house having opened the door with that key. What offence has A com mi ted.
(a) Lurking house trespass
(b) Criminal misappropriation
(c) Attempt to commit theft
(d) House breaking

Q. No. 25
A in good faith says of a book published by Z that Z’s book is indecent Z must be a man of impure mind, is this defamation punishable u/s 500 of IPC:-
(a) Yes, because the opinion respects Z’s character.
(b) No, because it falls within one of the exceptions of section 499 of IPC
(c) No, because it is slander
(d) No, because it has not been repeated

Q. No. 26
Which is not the stolen property :-
(a) Possession whereof was obtained by Cheating
(b) Possession whereof was obtained by robbery
(c) Possession whereof was obtained by dacoity
(d) Possession whereof was obtained by criminal breach of trust

Q. No. 27
Any hurt is grievous if it causes the sufferer to be in severe bodily pain for unable to follow his ordinary pursuits during the space of :-
(a) Fifteen days
(b) Twenty days
(c) Twenty five days
(d) Thirty days

Q. No. 28
Under sec 498 A cruelty means mental & physical tor- ture:-
(a) Right
(b) Wrong
(c) Only demand of dowry includes
(d) Only physical torture includes

Q. No. 29
Whoever kidnaps or abducts any child with intention of taking dishonestly any movable property from the person of such child shall be punished under sec. 369 of I.P.C. if the age of child is under :-
(a) Ten
(b) Twelve
(c) Fourteen
(d) Fifteen years

Q. No. 30
A makes an attempt to pick the pocket of B by thrusting his hand into B’s pocket. A is guilty of:-
(a) No offence
(b) Theft
(c) Attempt of theft
(d) Using criminal force

Q. No. 31
Warrant case means a case:-
(a) In which a police officer cannot arrest without warrant
(b) In which the court in first instance, shall issue a warrant of arrest against the accused
(c) Relating to an offence punishable with imprisonment for a term not exceeding 2 yrs.
(d) Relating to an offence punishable with death for life or for a term exceeding two yrs.

Q. No. 32
In a first information an offence is cognizable and other is non cognizable the whole case shall be deemed to be :-
(a) Cognizable
(b) Non-cognizable
(c) It is to be seen whether it is a warrant case
(d) It is to be seen whether it is a summons case

Q. No. 33
The court of magistrate 1st class may pass a sentence of imprisonment for a term not exceeding :-
(a) Three years
(b) Five years
(c) Seven years
(d) Four years

Q. No. 34
The maximum term of imprisonment awardable in a summary trial is:-
(a) Three months
(b) Six months
(c) One year
(d) Two years

Q. No. 35
Whenever a magistrate is of opinion after hearing the evidence for prosecution and the accused that the accused is guilty and that he ought to receive a severe punishment then such magistrate is empowered to inflict the magistrate may forward the case to:-
(a) Session Judge
(b) Chief Judicial Magistrate
(c) District Magistrate
(d) Concerned Police Station

Q. No. 36
Inherent Powers, under sec 482 Cr.P.C. can be exercised by:-
(a) Any criminal court
(b) The Supreme Court only
(c) The Court of Session & High court
(d) The High court

Q. No. 37
When the person who would otherwise be competent to compound an offence under section 320 of Cr.P.C. is dead, then :-
(a) Offence cannot be compounded
(b) Offence can be compounded by any eye witness
(c) Offence can be compounded by the legal representative of such person without the consent of the court
(d) Legal representative of such person can compound the offence with the consent of the court

Q. No. 38
When will proceeding be vitiated if the magistrate is not empowered to do so:-
(a) To issue a search warrant U/S94ofC.RC.
(b) To hold an ingest U/S 176 of Cr.P.C.
(c) Tries an offender summary
(d) To tender a pardon under sec 306 of C.RC.

Q. No. 39
No wife shall be entitled to receive maintenance from her husband U/S 125 of Cr.RC.if:-
(a) She has obtained a divorce from he husband and has not remarried
(b) She is unable to maintain herself
(c) She refused to live with her husband on the ground that keeps a mistress
(d) She is leaving in adultery

Q. No. 40
If a person in Lawful custody escaps the person from whose custody he escaped may, immediately pursue and arrest in :-
(a) Within Local limits of the police station concerned
(b) Within Local limits of the district
(c) Within Local limits of the state
(d) In any place in India

Q. No. 41
What is true Court of Sessions :-
(a) It can take cognizance without commitment
(b) It can’t take cognizance without commitment
(c) It can take cognizance on DM’s recommendation
(d) It can take cognizance if chalan put up by S.P.

Q. No. 42
In relation to F.I.R. which of the following statements is not correct :-
(a) It is not a substance evidence
(b) It merely marks the beginning of the investigation
(c) It cannot be used as a previous statement for any purpose
(d) The informant need not be an eye witness

Q. No. 43
If in a criminal appeal an accused dies and his near relatives wish to continue, within how much time they must apply:-
(a) Four months
(b) Three months
(c) Sixty days
(d) Thirty days

Q. No. 44
Three year period of limitation is prescribed for taking cognizance of the offence punishable with imprisonment for a term not exceeding:-
(a) One year
(b) Three year
(c) Five year
(d) Seven year

Select this line to see correct answer : b

Q. No. 45
In relation to expressions defined in S 3 of the Indian Evidence Act which of the following statement is not correct:-
(a) Facts includes not only physical facts but also psychological facts
(b) Court includes Arbitrators
(c) An inscription on a stone is a document
(d) A fact is said to be not proved when it is neither proved nor disapproved

Q. No. 46
A voluntarily confession is admissible in evidence:-
(a) When made to a police officer
(b) To magistrate having competent jurisdiction
(c) To a village sarpanch with request to save him from police
(d) Where it leads to no discovery of facts and made to the police officer

Q. No. 47
For proving execution of a registered will :-
(a) Be necessary to call at least two attesting witness
(b) Be necessary to call at least one attesting witness
(c) Not necessary to call any attesting witness
(d) Be necessary to call the registrar

Q. No. 48
Unless non-access is proved, the presumption as to legitimacy of any child born during the continuance of a valid marriage between his mother and any man is :-
(a) Rebuttable presumption of Law
(b) Presumption a fact
(c) Mixed presumption of law &fact
(d) Irrefutable presumption of law

Q. No. 49
Admissions are :-
(a) Conclusive proof
(b) May operate as estoppels
(c) Always irrelevant
(d) None of the above

Q. No. 50
A is charged with travelling on a rail way without ticket, the burden of proving that A had a ticket is on :-
(a) Ticket checker
(b) Railway
(c) A
(d) Prosecution

Q. No. 51
A document is said to be in the handwriting of A the document is produced from proper custody. If the document is purporting or proved to be.
(a) Thirty
(b) Fifteen
(c) Twenty
(d) Twelve years old, court may presume that is in A’s handwriting

Q. No. 52
What number of witness will be required for the proof of any fact :-
(a) No particular number
(b) At least one eye witness
(c) Two witnesses with regard to documents
(d) One party and one witness

Q. No. 53
Leading question:-
(a) May be asked in examination in chief
(b) May be asked in cross examination
(c) May be asked in re-examination
(d) Cannot be asked in any circumstances

Q. No. 54
Which of the following statement is correct:-
(a) Estoppel is not a rule of evidence
(b) Estoppel form record constitutes bar of resjudicate
(c) There can be estoppel on a point of law
(d) There can be not estoppel when the truth of the matter is known to both parties

Q. No. 55
The question is, whether A committed a crime at kolkata on a certain day the fact that on that day A was at chennai is relevant:-
(a) As a motive for fact in issue
(b) As introductory to fact in issue
(c) As preparation of relavant fact
(d) As it makes the existence of fact in issue highly improbable

Q. No. 56
A person summoned to produce a document when produces the document then :-
(a) He becomes a witness
(b) He is cross examined by both the parties
(c) He is cross examined with the permission of the court
(d) He does not become witness and cannot cross examined unless and until he is called as a witness

Q. No. 57
The examination after the cross examination of a witness by the party who has called him, is called :-
(a) Main examination
(b) Additional cross examination
(c) Re-examination
(d) Re-cross examination

Q. No. 58
Which of the following is not an accommodation as defined in 52
(a) of the C.G.A.C. act:- (a) House
(b) Agriculture land
(c) Shop
(d) Gumti

Q. No. 59
Who is not land lord for the purpose of sec 23(j) of C.G.A.C. Act :-
(a) A retired servant of any government
(b) A servant of any government
(c) A divorced wife
(d) A handicapped person

Q. No. 60
Where an order for the eviction of a tenant is made on the ground that the residence for himself, the landlord shall not be entitled to obtain possession there of before the expiration of period of :-
(a) Two month
(b) Three month
(c) Six month
(d) One year from the date of order

Q. No. 61
No court shall make cognizance of an offence punishable U/Accommodation control Act. Unless the complaint in respect of the offence has been made within:-
(a) Six months
(b) One year
(c) Three years
(d) Three months from the date of commission of the offence

Q. No. 62
After the service of notice of demand no suit for eviction of a tenant on the ground of default in payment of arrears of rent shall be instituted until the expiration of :-
(a) One month
(b) Two month
(c) Three month
(d) Fifteen years

Q. No. 63
The rent controlling Authority should not below the rank of:-
(a) Tahsildar
(b) Asstt. Supd.land records
(c) Deputy Collector
(d) Civil Judge

Q. No. 64
A land lord making false and frivolous application U/S 23 of A.C. Act may be saddled with compensatory costs not exceeding ……….
(a) Six months
(b) Nine months
(c) Eleven months
(d) One years rent of the accommodation at a time.

Q. No. 65
Essential supply enjoyed by a tenant in respect of the accommodation let to him is cut off by the land lord. Who will make an order to restore such supply :-
(a) Collector
(b) Civil Court
(c) Rent controlling Authority
(d) Municipal corporation or municipality as the case may be.

Q. No. 66
On the complaint of tenant if he is satisfied that the land lord without any reasonable cause refussed to accept rent he may levy on the landlord a fine who is he :-
(a) Judicial Magistrate first class
(b) Rent Controlling Authority
(c) District Magistrate
(d) District Judge

Q. No. 67
No court shall take cognizance of an offence punishable under the Accommodation control Act. Unless the complaint in respect of the offence has been made within:-
(a) Six month’s
(b) One year
(c) Three years
(d) Three months from the date of commission of the offence

Q. No. 68
Which is not the immoveable property :-
(a) A lease of land
(b) Growing crops
(c) A right of way
(d) A life interest in the income of immoveable property

Q. No. 69
In which of the following cases, a transfer to immovable property can be made without writing:-
(a) Sale of property of a value more than Rs. 100
(b) Lease for a term of 11 months
(c) Exchange
(d) Actionable claim

Q. No. 70
The doctrine of Lispendens applies where :-
(a) The suit is collusive
(b) The transfer is made after the decree of the trial court but before the filling of an appeal
(c) Right to movable property is in question
(d) Property is situated outside the territorial jurisdiction of the court

Q. No. 71
What kind of property is transferable:-
(a) Right to re-entry
(b) Public Office
(c) Any kind of property if not prohibited by law
(d) Pension

Q. No. 72
Attested in relation to an instrument means and shall be deemed always to have mean attested by a least:-
(a) One witness
(b) Two witness
(c) Three witness
(d) Four witness

Q. No. 73
Whether a transfer can be made in favour of an unborn person:-
(a) Yes, by machinery of trust
(b) Yes
(c) Guardian has got to be appointed first
(d) None of the above

Q. No. 74
A mortgage by deposit of title deeds is called :-
(a) Anomalous mortgage
(b) English mortgage
(c) Equitable mortgage
(d) Usufrutuary mortgage

Q. No. 75
A lease of immoveable property from year to year is terminable on the part of either lessor or lessee by :-
(a) One month
(b) Six months
(c) Three months
(d) Sixty days notice expiring with the end of a year of the tenancy.

Q. No. 76
Which of the following transfer is valid :-
(a) An unregistered usufructuary mortgage for Rs.99
(b) An unregistered gift of immovable property of the , value of Rs. 99
(c) An oral lease of immovable property from year to year
(d) An oral assignment of debts

Q. No. 77
In which of the following cases, a lease of immoveable property doesn’t determine:-
(a) By efflux of time limited there
(b) By express surrender
(c) On the service of a notice to quit
(d) By forfeiture

Q. No. 78
What is not required in Gift:-
(a) Donor and Donee
(b) Consideration
(c) Moveable or immoveable property
(d) Transfer and acceptance

Q. No. 79
What will be effect of mistake at to law in force in India on the agreement:-
(a) Not voidable
(b) Voidable
(c) Void
(d) Not Void

Q. No. 80
A promises for no consideration to give to B Rs. 1000. Agreement is:-
(a) Voidable
(b) Void
(c) Enforceable
(d) Not enforceable no being in writing

Q. No. 81
Which of the following is not a quasi contract :-
(a) Obligation of person enjoying benefit of non gratuitous act
(b) Responsibility of finder of goods
(c) Quantum one suit
(d) Novation

Q. No. 82
Where no application is made and no time is specified for performance of promise, there the agreement be performed within :-
(a) Three years
(b) Two years
(c) One years
(d) Reasonable time

Q. No. 83
A proposal when accepted:-
(a) Becomes a promise
(b) Becomes an agreement
(c) Becomes a contract
(d) Becomes a consideration

Q. No. 84
Every agreement in restraint of the marriage of any person other than a minor :-
(a) Is voidable
(b) Is illegal
(c) Is void
(d) Is Valid

Q. No. 85
X hires a carriage of Y the carriage is unsafe though Y is not aware of it and X is injured. For the injury to X, Y is :-
(a) Liable
(b) Not liable
(c) Liable to the extent of 50%
(d) None of these

Q. No. 86
X entrusts Y with negotiable instruments endorsed in blank Y sells them to Z is violation of private orders from X The sale is :-
(a) Void
(b) Valid
(c) Voidable at the option of Y
(d) Voidable at the option of Z

Q. No. 87
A supplies B a lunatic with necessaries suitable to his condition in his life whether A is entitled for reimbursement from the property of B:-
(a) No
(b) Yes, if the value of property is more than one lakh
(c) Yes
(d) None of these

Q. No. 88
Which of the following statements is correct in relation to subagent :-
(a) He is employed by the principal in the business of the agency
(b) He is employed by the original agent in the business of the agency
(c) He acts under the control of the principal
(d) The agent is not responsible to the principal for acts of the sub agent

Q. No. 89
A gives authority to B to sell A’s land and to pay himself out of the proceeds The debts due to him from A. In the absence of an express con-tract:-
(a) A can revoke this authority
(b) Authority can be terminated by the insanity of A
(c) Authority can be terminated by the death of A
(d) A cannot revoke this authority nor can it be terminated by his death or insanity

Q. No. 90
The jurisdiction to decide any dispute to which the State Govt. is not a party relating to any right which is recorded in the record of rights is concerned on :-
(a) Civil court
(b) Tahsildar
(c) Sub-division officer
(d) Collector

Q. No. 91
Agriculture does not include:-
(a) Horticulture
(b) The planting and unkeep of orchards
(c) There serving of land for fodder grazing or thatching grass
(d) Forest of big bushes

Q. No. 92
Who is not a Revenue Officer :-
(a) Settlement officer
(b) Revenue inspector
(c) Asstt. Suptd. land record
(d) Naib Tahsildar

Q. No. 93
Land revenue for different lands will be assessed by :-
(a) Collector
(b) Settlement Officer
(c) Settlement Commissioner
(d) Commissioner of Div.

Q. No. 94
Which one of the following shall not be taken in to account in estimating the cost of cultivation :-
(a) Market value of the land
(b) The depreciation of stock and buildings
(c) The money equivalent of the cultivators labour and supervision
(d) The money equivalent of the cultivator’s family’s labour and supervision.

Q. No. 95
No usufrutuary mortgage of any land by a Bhumiswami shall be valid if it is for a period exceeding :-
(a) 5 years
(b) 6 years
(c) 7 years
(d) 10 years

Q. No. 96
Where Bhumiswami desire to take his land back possission where of was taken by Tahsildar U/S176 of the land reserve code he should apply within :-
(a) Three years from the commencement of next agriculture year
(b) Two years from the commencement of next agriculture years
(c) One Year from the commencement of next agriculture years
(d) Six month from the commencement of next agriculture years

Q. No. 97
In respect of which of the following matters jurisdiction of civil court is not excluded:-
(a) Electment of a government lessee
(b) Restoration of possession to an occupancy tenant
(c) Any claim to modify any entry in the Nistar patrak
(d) Partition holding

Q. No. 98
For recovery of arears of land revenue the following shall not be attached and sold
(a) Cooking vessels of the defaulter
(b) Less than six hectares of land held by the defaulter in any sheduled area
(c) If the defaulter is an agricultrist implements of husbandry driven by mechanical power
(d) Tools of artisans

Q. No. 99
The term of settlement shall not be less than:-
(a) 100 years
(b) 50 years
(c) 30 years
(d) 20 years

Q. No. 100
Where a Bhumiswami effects a mortgage the total amount of interest U/165 (3) of land revenue cost shall not exceed :-
(a) Equal to principal amount
(b) One fourth of the principal amount
(c) Half of the Principal amount
(d) One third of the principal amount

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