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Higher Judicial Service Model Objective Question Paper [ 1st Set]

1. Objection as to place of suing shall be allowed in the Court of first instance is the essence of—
(A) Section-21 A of C.P.C.
(B) Section-20 of C.P.C.
(C) Section-22 of C.P.C.
(D) Section-21 of C.P.C.

2. What type of officer is a SHO?
(A) A General Officer
(B) Officer incharge
(C) Deputy Chief Officer
(D) None of the above

3. Which of the following statements is incorrect regarding history-sheets?
(A) History-sheet of class ‘B’ is for a period of three years and it need not be starred
(B) History-sheet of class ‘A’ for an active member of a gang of dacoits must be starred
(C) No history-sheet should be opened for persons with no permanent residence
(D) No history-sheet is required to be opened for a person detained under Section 109 of the Code of Criminal Procedure

4. Which chapter of constitution deals with Subordinate Courts?
(A) Chapter 5
(B) Chapter 6
(C) Chapter 7
(D) Chapter 14 A

5. Section-18 of the Civil Procedure Code provides for—
(A) Place of institution of suit in respect of immovable property where the property is situated in the jurisdiction of one court
(B) Place of institution of suit in respect of immovable property where the property is situated in the jurisdiction of different courts
(C) Place of institution of suits in respect of immovable property where the local limits of jurisdiction of courts are uncertain
(D) All the above

6. Under which explanation of Section-11 of Civil Procedure Code Constructive Resjudicata has been explained?
(A) Explanation-I
(B) Explanation-II
(C) Explanation-III
(D) Explanation-IV

7. Section-115 of the Civil Procedure Code provides for the following—
(A) Reference
(B) Review
(C) Revision
(D) Appeal to the Supreme Court

8. Which of the following combinations are not correctly matched?
1. Execution of decree —Sec. 77, C.P.C.
2. Letter of request —Sec. 82, C.P.C..
3. Legal representative —Sec. 50, C.P.C.
4. Institution of suit —Sec. 28, C.P.C.
Select the correct answer using the codes given below—
(A) 1,2 and 3
(B) 1,2 and 4
(C) 1,3 and 4
(D) 2,3 and 4

9. ‘Decree holder’ means any person in whose favour a decree has been passed or an order cap4ble of execution has been made. This definition of the term ‘decree holder’ is mentioned under—
(A) Section-2(2), C.P.C.
(B) Section-2(3), C.P.C.
(C) Section-2(4), C.P.C.
(D) Section-2(d), C.P.C.

10. “A barrister is instructed by an Attorney or Vakil that an important witness is a dacoit. This is a reasonable ground for asking the witness whether he is a dacoit.”
This illustration is based on which Section of the Indian Evidence Act?
(A) Section- 149
(C) Section- 147
(B) Section -153
(D) Section -145

11. Legitimacy of child born during valid marriage is presumed under which Provision of the Indian Evidence Act?
(A) Section-l 15
(B) Section-114
(C) Section-112
(D) Section-113

12. Which of the following is not correctly matched?
(A) Matrimonial communication —Section- 122
(B) Official communication —Section- 124
(C) Professional communication—Section- 126
(D) Confi1ential communication with legal advisers —Section 127

13.‘Rejection of Plaint’ is mentioned under—
(A) Order VII Rule 11
(B) Order VI Rule 13
(C) Order VII Rule 12
(D) Order VIII Rule 4

14. Order XXIII of the Civil Procedure Code applies to the following—
(A) Withdrawal of suits
(B) Appeals
(C) Execution proceeding
(D) All the above

15. A decree may be executed by—
(A) Tehsildar
(B) Collector
(C) District Judge
(D) Either by the Court which. passed it or to which it is sent

16. A witness, who is unable to speak, gives his evidence in writing in the open court; evidence so given shall be deemed to be—
(A) Primary evidence
(B) Secondary evidence
(C) Documentary evidence
(D) Oral evidence

17. The Principle of Promissory Estoppel found its root—
(A) As an exception to the doctrine of consideration in the law of contract
(B) As a rule of future consideration in the law of contract
(C) As a rule of past consideration in the law of contract
(D) None of the above

18.In which one of the following cases, the Supreme Court held that confession of co accused are very weak evidence and no conviction can be based solely on such confession?
(A) Nathu Vs. State of U.P.
(B) Ram Prakash Vs. State of Punjab
(C) Kashmira Singh Vs. State of M.P.
(D) None of the above

19. “The burden of proof in a suit or proceeding lies on that person who would fail if no
evidence at all was given on either side.”
This provision is contained in which Section of the Indian Evidence Act?
(A) Section- 101
(B) Section- 111
(C) Section- 102
(D) Section- 113

20. The principle that possession is prime facie proof of ownership is provided under—
(A) Section- 109 of the Evidence Act
(B) Section- 111 of the Evidence Act
(C) Section- 110 of the Evidence Act
(D) Section- 112 of the Evidence Act

21. Which of the following does not find a mention as showing state of mind under Section-14 of the Evidence Act, 1872?
(A) Ill will
(B) Motive
(C) Good Faith
(D) Negligence

22. Provisions have been made under certain Sections of the Indian Evidence Act regarding relevancy of certain facts. Match the entries of List-I and List-Il below and write the correct answer using the codes—
List-I (Facts)
(a) Opinion of Handwriting Expert
(b) State of relevant fact by person who is dead or cannot be found
(c) Previous good character in criminal cases
(d) Oral admissions as to contents of documents
1. 22
2. 47
3. 32
4. 53
(A) 2 3 4 1
(B) 3 1 2 4
(C) 1 2 4 3
(D) 4 1 3 2

23. Palvinder Kaur Vs. State of Punjab relates to which of the following?
(A) Confession
(B) Dying declaration
(C) Entries in the books of account
(D) Relevancy of judgements

24. Which Section of the Indian Evidence Act, 1872 deals only with civil matters?
(A) Section-23
(B) Section-27.
(C) Section-53
(D) Section- 133

25. Which one of the following is the correct statement ? “Full faith and credit” clause of the Constitution does not apply to—
(A) Public acts
(B) Public records
(C) Acts of corporation
(D) Judicial proceedings

26. Match List-I with List-II and select the correct answer using the codes given below the lists.—
(a) India that is Bharat is a Union of States
(b) Liberty of Thought, Expression and Worship
(c) Freedom of Speech and Expression
(d) Protection of Interest of minorities

1. Preamble
2. Right to Freedom
3. Union and its Territory
4. Cultural and Educational Rights

(A) 1 2 3 4
(B) 2 1 3 4
(C) 3 1 2 4
(D) 4 3 2 1

27. A fact is said to be ‘not proved’—
(A) When it is disproved
(B) When, after considering the matters before it, the court believes that it does not exist
(C) When a prudent man considers that the fact does net exist
(D) When it is neither proved nor disproved

28. Which one of the following cases is on second appeal ?
(A) Madan Lal Vs. Bal Krishna
(B) Sudhir G. Angur Vs. M. Sanjeev
(C) Sheodan Singh Vs. Daryao Kunwar
(D) Harshad Chiman Lal Modi Vs. D.L.F. Universal Ltd.

29. Dasti summons for service on the defendant can be given to the plaintiff under—
(A) Order V Rule 9A, C.P.C.
(B) Order V Rule 9, C.P.C.
(C) Order IV Rule 7, C.P.C.
(D) Order VI Rule 6, C.P.C.


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