Himachal Pradesh Judicial Service Exam [Pre] 2018 Question Paper

Himachal Pradesh Judicial Service Exam [Pre] 2018 Question Paper

Delhi Law Academy presents below the first part of the question paper. Complete Question Paper for HPJS Exam [Pre] 2018 and its solution is available on our website only for our students through login password as a part of our Study Material and Notes package.            

Himachal Pradesh Judicial Service Exam [Pre] 2018 Question Paper:               

CIVIL LAW-I

1. Evidence under the Indian Evidence Act, 1872 means and includes :

(A)       Documentary evidence

(B)       Ocular evidence

(C)       Both ocular and documentary evidence

(D)       Ocular evidence based on documentary evidence only

Ans: C

 

2. Proof of a fact for the purposes of evidence depends on :

(A)       Rigid mathematical demonstration

(B)       Probability of its existence

(C)       Accuracy of the statement

(D)       None of the above

Ans: B

 

3. Choose the correct assertion based on the following propositions:

Propositions :

(I)         Statement is a genus; admission is a species while confession is a sub-species.

(II)        Statement and admission are species while confession is a sub-species.

(III)       Statement and admission are genus while confession is a species.

Assertions :

(A)       I is correct, II and III are incorrect

(B)       I and II are correct and III is incorrect

(C)       I and III are correct and I is incorrect

(D)       III is correct and I and II are incorrect

Ans: A

 

4. Declaration by a person, not able to be called as witness, in the course of business is admissible under :

(A)       Section 32 (1) of the Indian Evidence Act, 1872

(B)       Section 32 (2) of the Indian Evidence Act, 1872

(C)       Section 32 (4) of the Indian Evidence Act, 1872

(D)       Section 32 (7) of the Indian Evidence Act, 1872

Ans: B

 

5. Omnia presumuntur rite esse acta means :

(A)      All acts are presumed to be. rightly done

(B)       All acts are presumed to be not rightly done

(C)       All acts are presumed to be wrongly done

(D)       All acts are presumed to be not wrongly done

Ans: A

 

6. Electronic record in proper custody gives rise to a presumption as to the digital signature to be fixed by that particular person under section 90A of Indian Evidence Act if the electronic record produced is :

(A)       20 years old

(B)       15 years old

(C)       10 years old

(D)       5 years old

Ans: D

 

7. Oral evidence of a fact invalidating a document is admissible :

(A)       Under proviso 1 to section 92 of Indian Evidence Act, 1872

(B)       Under proviso 2 to section 92 of Indian Evidence Act, 1872

(C)       Under proviso 4 to section 92 of Indian Evidence Act, 1872

(D)       Under proviso 6 to section 92 of Indian Evidence Act, 1872

Ans: A

 

8. The doctrine of estoppel is a :

(A)       Substantive law

(B)       Rule of equity

(C)       Rule of evidence

(D)       Rule of pleadings

Ans: C

 

9. Which of the following descriptions is correct under section 145 of the Indian Evidence Act, 1872 ?

(A)       A witness may be cross examined as to previous statements made by him in writing or reduced into writing, and relevant to matters in question, without such writing being shown to him, or being proved; even if it is intended to contradict him by the writing, his attention need not, before the writing can be proved, be called to those parts of it which are to be used for the purpose of contradicting him.

(B)       A witness may be cross examined as to previous statements made by him in writing or reduced into writing, and relevant to matters in question, without such writing being shown to him, or being proved; but, if it is intended to contradict him by the writing, his attention must, before the writing can be proved, be called to those parts of it which are to be used for the purpose of contradicting him.

(C)       A witness may be cross examined as to previous statements made by him in writing or reduced into writing, and relevant to matters in question, without such writing being shown to him, or being proved; but, if it is intended to contradict him by the writing, his attention must, before the writing can be proved, be called to such new materials which are to be used for the purpose of contradicting him.

(D)       A witness may be cross examined as to previous statements made by him in writing or reduced into writing, even if not relevant to matters in question, without such writing being shown to him, or being proved for any purpose.

Ans: B

 

10. A co-defendant in a case :

(A)       Cannot be cross examined by another co-defendant under any circumstances

(B)       Can be cross examined by another co-defendant if their interests are identical

(C)       Can be cross examined by another co-defendant when their interests are adverse to        each other

(D)       Can be cross examined by another co-defendant as a matter of right

Ans: C

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CIVIL LAW-II

1. The contracts where one of the parties has almost nil opportunities to bargain over the special terms of the agreement while the other party, usually the big corporate, is in a position to dictate its terms. The terms are prepared by the big corporate while the other party has no choice but either to accept the terms or leave the deal altogether. Such contracts are known as:

(A)       Adhesion Contracts

(B)       Standard form of Contracts

(C)       Voidable Contracts because the giant company may exploit the weakness of the individual

(D)       Both (A) and (B)

Ans: D

 

2. As per the Indian Contract Act, 1872, the communication of an acceptance is complete:

(i)         As against the acceptor when it comes to the knowledge of the proposer.

(ii)        As against the proposer when it is put in a course of transmission to him so as to be out of the power of the acceptor.

Based on the above two propositions, decide:

(A)       Only (i) is correct.

(B)       Only Hi) is correct.

(C)       Both (i) and (ii) are correct.

(D)       None of the above two propositions is correct.

Ans: C

 

3. A applies to a banker for a loan at a time when there is stringency in the money market. The banker declines to make the loan except at an unusually high rate of interest. A accepts the loan on these terms.

(A)       The contract is valid and not induced by undue influence

(B)       The contract is voidable because it is induced by undue influence

(C)       The contract is void because it is induced by undue influence

(D)       None of the above

Ans: A

 

4. A lends a horse to B for his own riding only. B allows C, his close friend, to ride the horse H. C rides H with care but the horse falls accidentally. Both H and C are injured.

(A)       A is liable to pay compensation to B.

(B)       B is liable to pay compensation to A.

(C)       C is liable to pay compensation to both A and B

(D)       Both A & B are liable to pay compensation to C.

Ans: B

 

5. Which of the following is not true in case of wagering agreements?

(A)       The agreement is void under Sec 23 of the Contract Act

(B)       No suit shall be brought in any court of law on any wager

(C)       The amount won under a wagering agreement cannot be recovered

(D)       Any fresh promise to pay money won under a wager is also void

Ans: A

 

6. In case of breach of a contract, the party who suffers by such breach is not entitled to receive, from the party causing such breach, which of the following compensations for any loss or damage caused to him thereby:

(A)       That arose naturally in the usual course of the things from such breach

(B)       That the parties knew when they made the contract, to be likely to result from the breach of it

(C)       That were too remote and indirect

(D)       All of the above

Ans: C

 

7. Which of the following cases is related to the issue of minority in the Contract law ?

(A)       Khan Gul Vs. Lakha Singh

(B)       Ajodhia Prashad Vs. Chandan Lai

(C)       Mohori Bibi Vs. Dharmodas Ghosh

(D)       All of the above

Ans: D

 

8. In case of non-fulfilment of the contractual obligations, only the parties to the contract can sue each other. This statement may be called as :

(A)       Privity of Consideration          (B)       Privity of Contract

(C)       Both (A) and (B)                      (D)       None of these

Ans: B

 

9. The consideration or object of an agreement is lawful, unless :

(A)       It is forbidden by law

(B)       It is of such a nature that, if permitted, would defeat the provisions of any law

(C)       Involves or implies injury to the person or property of another

(D)       All of the above

Ans: D

 

10. X contracts to marry Y, being already married to Z, and being forbidden by the law to which he is subject to practise polygamy.

(i)         X must pay compensation to Y for the loss caused to her by the non-performance of         his promise.

(ii)        X is under no obligation to compensate Y under any law

(iii)       An agreement to do an act impossible in itself is void

In view of the above :

(A)       Both (i) and (ii) are correct

(B)       Both (i) and (iii) are correct

(C)       Only (ii) is correct

(D)       Only (iii) is correct

Ans: B

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PAPER  III      CRIMINAL   LAW

1. Who among the following was not member of the First Law Commission constituted to draft Penal Code ?

(A)       J. M. McLeod

(B)       B. P. Pecock

(C)       G. W. Anderson

(D)       F. Millett

Ans: A

 

2. Which one of the following Justices of the Supreme Court has authored the judgment in Suresh Kumar Koushal & Anr Vs. Naz Foundation & Ors relating to the constitutionality of the Section 377, Indian Penal Code, 1860 ?

(A)       Justice G. Singhvi

(B)       Justice Jyoti Mukhopadhyaya

(C)       Justice Dipak Misra

(D)       Justice (Dr) D.Y. Chandrachud

Ans: B

 

3. Which one of the following Sections of the IPC defines its intra-territorial jurisdiction?

(A)       Section 4 (1)

(B)       Section 4 (2)

(C)       Section 2

(D)       Section 3

Ans: A

 

4. ‘Voyeurism’ has been declared as an offence under the Indian Penal Code by which one of the following Criminal Law (Amendment) Acts ?

(A)       The Criminal Law (Amendment) Act, 1983

(B)       The Criminal Law (Amendment) Act, 2000

(C)       The Criminal Law (Amendment) Act, 2005

(D)       The Criminal Law (Amendment) Act, 2013

Ans: C

 

5. Which one of the following punishments is provided under the Indian Penal Code for voluntarily causing grievous hurt by use of acid etc. and thereby disfigures any part of body ?

(A)       Imprisonment which shall not be less than 10 years and which may extend to imprisonment for life and with fine

(B)       Imprisonment which may extend to 10 years and with fine

(C)       Imprisonment for life and with fine

(D)       Imprisonment which shall not be less than 7 years and which may extend to imprisonment for life and with fine

Ans: D

 

6. Which one of the following Sections of the IPC declares ‘trafficking of a person’ as an offence ?

(A)       Section 370 A              (B) Section 369

(C)       Section 370                 (D) Section 371

Ans: C

 

7. While substituting new section for Section 375 of the Indian Penal Code by the Criminal Law (Amendment) Act 2013, how many exceptions are inserted in it ?

(A)       One exception             (B) Two exceptions

(C)       Three exceptions        (D) No exception

Ans: B

 

8. In which one of the following cases the Supreme Court has held unconstitutional to the section 303 of the IPC ?

(A)       Aruna Ramachandra Shanbaug Vs. Union of India

(B)       Gian Kaur Vs. State of Punjab

(C)       Mitthu Singh Vs. State of Punjab

(D)       Bachan Singh Vs. State of Punjab

Ans: C

 

9. Which one of the following cases is not related with Section 84, IPC ?

(A)       Ashiruddin Ahmed Vs. King

(B)       R Vs. Dudley & Stephens

(C)       Dayabhai Chhaganbhai Thakkar Vs. State of Gujarat

(D)       State of M. P. Vs. Ahmadulla

Ans: B

 

10. Which one of the following Justices is not associated with the judgment of the case R Vs. Govinda (ILR (1876) 1 Bom 342) ?

(A)       Justice Nanabhai Haridas

(B)       Justice Melvill

(C)       Justice Sarkariya

(D)       Justice Kemball

Ans: C

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