Objective question[MCQ] paper for Preliminary Exam: Higher Judicial Service-2nd Set

1- The Supreme Court held in which of the following cases that preamble is not the part of the Constitution of India

(A) Berubari case
(B) A. K. Gopalan case
(C) Balaji Case
(D) Minerva Mill’s case

2. Article 16(4A) which gives power to the State to make laws regarding reservation in favour of Scheduled Castes and Scheduled Tribes was added by the

(A) 75th Amendment to the Constitution of India.
(B) 76th Amendment to the Constitution of India.
(C) 77th Amendment to the Constitution of India.
(D) 78th Amendment to the Constitution of India.

3. The protection and improvement of the environment including forests and wildlife of the country is

(A) Directive Principle of State Policy
(B) Fundamental National Policy
(C) Fundamental Duty of a Citizen
(D) Both Directive Principle of State Policy and Fundamental Duty of a Citizen

4. Originally the Supreme Court consisted of a Chief Justice and

(A) Seven other judges
(B) Twelve other judges
(C) Thirteen other judges
(D) Fifteen other judges

5. Under …………………. .. party to the suit has to prove that inspite of due diligence he could not have raised the matter before the commencement of trial

(a) Order 6 Rule 17

(b) Order 5 Rule 15

(c) Order 6 Rule 16

(d) Order 11 Rule 12.

6. The President’s rule under Article 356 of the Constitution of India remains valid in the State for a maximum period of

(A) One month
(B) Three months
(C) Six months
(D) One year

7. The power of the Parliament to amend the Constitution of India is a constituent power laid down in Article 368 by

(A) Twenty Fourth Amendment Act
(B) Twenty-Sixth Amendment Act
(C) Forty Second Amendment Act
(D) Forty-Fourth Amendment Act

8. ‘Jurisprudence is as big as law and bigger’. who said this?

(A) Austin
(B) Lloyds
(C) Lewellyn
(D) Holland

9. “Rousseau is a Janus like figure in the history of national law” – who said this?

(A) Hobbes
(B) J. S. Mill
(C) Locke
(D) Barker

10-In a case concerning the legality of the Threat or use of Nuclear Weapons, the International Court of Justice gave advisory opinion at the request of :

(A) U.N. Security Council
(B) U. N. General Assembly
(C) World Health Organization
(D) United Nations Educational
and Cultural Organization

11. Which is not the modern source of Hindu Law?

(A) Equity, Justice and Good
(B) Precedent
(C) Sruti
(D) Legislation

12. Consider the following propositions and give the correct answer

I. A void marriage remains valid until a decree annulling it has been passed by a competent court.
II. A void marriage is never a valid marriage and there is no necessity of any decree
annulling it.
III. A voidable marriage is regarded as a valid marriage until a decree annulling it has
been passed by a competent court.

Codes :
(A) I, II and III are correct
(B) I and II are correct
(C) II and III are correct
(D) I and III are correct

13-Which one of the following pairs is correctly matched ?

(A) In India, consideration must follow…..from promisee only.
(B) In India, consideration must follow……from only promisor or only promisee.
(C) In India, consideration must follow……from promisor or any other person.
(D) In India, consideration must follow…..promisee or any other person.

14. Assertion (A) : Collateral transactions to wagering agreements are valid.
Reason (R) : Only wagering agreements are declared void under Section 30 of the Indian Contract Act.

Codes :
(A) (A) is true, but (R) is false.
(B) (A) is false, but (R) is true.
(C) Both (A) and (R) are true, but
(R) is not correct explanation
of (A).
(D) Both (A) and (R) are true and
(R) is correct explanation of (A).

15. Liability in torts depends on

(A) quantum of damages suffered
(B) involvement of intention
(C) infringement of legal right
(D) effect of public interest

16. ‘Z’ while walking along a deserted road at night during winter saw a just born baby abandoned on a side. For a moment be realized that he could save the baby without appreciable trouble, expense or loss of his time and also felt that if the baby is left
over unprotected, it might die. But he did nothing and went away. ‘P’ another person also passed through that road and saw the baby and acted just like ‘Z’ and went away. Next morning the infant baby died of exposure.

Decide who is responsible?

(A) Only ‘Z’ who saw first
(B) ‘P’ for omitting to be compassionate
(C) Both ‘Z’ and ‘P’ for negligence
(D) Neither ‘Z’ nor ‘P’ is responsible

17-Decide on whom criminal liability can be fixed on the following :

The accused ‘P’ caught hold of the victim and exhorted on the main accused ‘L’ to strike the victim; upon which he inflicted a kirpan wound and consequently the victim died.

Assertions :

(i) ‘P’ is liable for punishment.
(ii) ‘P’ and ‘L’ are both liable for common intention.
(iii) ‘P’ and ‘L’ are both responsible for victims death for having common object.
(iv) ‘P’ is not liable for any offence.

Reasons :
(A) (i) is quite possible
(B) (ii) is reasonable
(C) (iii) is as occasion demands
(D) (iv) is most accurate

18-Fill in the gap :

An act of grievous hurt is always inferred through enormity to
________ and not merely a slight more than a frolic.

(A) Murder
(B) Bodily injury
(C) Amputation
(D) All of them

19-In which of the following cases the Supreme Court held that medical
representative is not workman ?

(A) Standard Vacuum Oil Company V. Commissioner of Labour
(B) Anand Bazar Patrika V. Its Workmen
(C) Workmen V. Greaves Cotton & Co.
(D) J & J Dechane V. State of Kerala

20-An individual dispute becomes industrial dispute when it is taken up by

(A) Union only.
(B) Union or substantial number of workmen.
(C) Continuous support of union.
(D) Subsequent support of union.

21- Which of the following statements are true ?

I. All employees are workmen.
II. All employees are not workmen.
III. All workmen are employees.
IV. All managerial staff are workmen.

Codes :

(A) I and II
(B) II and III
(C) III and IV
(D) I and III

22-A Muslim wife can relinquish her Mahr

(A) When she is minor
(B) When she has attained the age of puberty
(C) When she is not less than 18 years of age
(D) When she is not less than 21 years of age.

23. International Women’s Day is celebrated every year on
(A) 2nd March (B) 4th March
(C) 6th March (D) 8th March

24.  In which of the following cases it was held that “The second appeal is permissible only if finding is perverse”

(a) Dinesh Kumar v. Yusuf Ali, AIR 2010 SC 2679
(b) State v. M.L. Keshari, AIR 2010 5C 2587
(c) Bimlesh v. New India Assurance C0. Ltd., AIR 2010 SC 2591
(d) Dasmth v. State of Madhya Pradesh, AIR 2010 SC 2592.

25. A temporary injunction can be granted at the trial stage

a. temporary injunction regulated by CPC
b. temporary injunction regulated by the Specific Relief Act
c. temporary injunction regulated by  both CPC and Specific Relief Act
d. All are correct

Solved Objective question[MCQ] paper for Preliminary Exam: Higher Judicial Service 2020- 1st Set

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