CIVIL

MCQ paper for Preliminary Exam: Higher Judicial Service

Higher Judicial Service preparation- MCQs 4th Set

 

1-What is contract of indemnity:

A.  A contract by which one party promises to save any third party from loss caused to
that party by the contract of the promisor himself, or by the conduct of any other
person
B.  A contract by which one party promises to provide insurance to the other in order to
cover up any losses that may arise in the contract
C.  A contract by which one party promises to save the other from loss caused to him by
the contract of the promisor himself, or by the conduct of any other person
D.  A contract in which one party appoints a guarantor to cover up any losses that may
arise in the contract

Ans: c

2- What happens to a continuing guarantee in case of surety’s death:

A.  Indemnification from the property of the surety with regard to future transactions
B.  Revocation of the continuing guarantee with regard to future transactions
C. The continuing guarantee shall continue in the name of the surety’s heirs
D.  The continuing guarantee shall be continued by any other person

Ans: b

3- Employees Provident Fund arid Miscellaneous Provisions Act. 1952 is applied to
establishments employing not less than

a) 10 employees

b) 20 employees

c) 50 employees

d) 100 employees

Ans:b

4-An adult worker can up to hrs in a day as per factories Act. 1948

a) 8

b) 9

c) 10

d) 12

Ans: b

5-Under RTI Act, Information means

(A) Documents

(B) Advices

(C) Contracts

(D) All of these

Ans: d

6-Press is subject to the restrictions that are provided under the Article ______ of India constitution

(A) 19 (1),
(B) 19 (2),
(C) 19(3),
(D) 19 (4)

Ans: b

7-TRIPS stands for

(A) Trade Related Aspects of Intellectual Property Rights

(B) Trade Related Acts of Intellectual Property Rights

(C) Trade Relations Act of Intellectual Property Rights,

(D) Trade Relations Aspect of Intellectual Property Rights

Ans: a

8- According to the third law of motion, action and reaction

(a) always act on the same body
(b) always act on different bodies in opposite directions
(c) have same magnitude and directions
(d) act on either body at normal to each other

Ans: b

9-Rocket works on the principle of conservation of

(a) mass
(b) energy
(c) momentum
(d) velocity

Ans: c

10 ________means that contemporaneous exposition is the best and strongest in law?

A.Ejusdem generis
B.Contemporanea Exposition Est Optima Est Fortissimain Lege
C.Noscitur a sociis
D.None of above

11- For the fraudulent act or wilful wrong of a sub-agent who had been duly appointed, the sub-agent is

A Responsible to the agent only
B Responsible to the principal only
C Responsible to the agent and principal both
D Responsible to the third party

12- The Central Government has been empowered by entry ________________ of the Union list of schedule VII of the constitution of India to levy tax on income other than agricultural income.

A. 84
B. 82
C. 81
D. 85

Ans: b

13- The factors which caused variation of minimum wages in India are –

I. Prices of essential commodities
II. Paying capacity
III. Productivity
IV. Differences in exchange rates.

Select the correct answer form the codes given bellow:

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

ans: d

14- Principle of Estoppel is based on:

(A) the maxim ‘allegans contratia non est audiendus’
(B) Rule of evidence
(C) Both (A) & (B)
(D) None of the above

ans: c

15- Under the law of limitation, suits can be filed within three years in cases relating to :

(A) Seamen’s wages
(B) Hire of animals
(C) Price of goods sold and delivered
(D) All the above.

ans: d

16- The term ‘sufficient cause’ has not been defined in the Limitation Act, 1963. It depends on the
……………………… of each case.

(A) Circumstances
(B) History
(C) Time
(D) None of the above

ans:-a

17- Which of the following is not a type of cybercrime?

a) Data theft
b) Forgery
c) Damage to data and systems
d) Installing antivirus for protection

Ans: d

18- Under which section of IT Act, stealing any digital asset or information is written a cyber-crime.

a) 65
b) 65-D
c) 67
d) 70

Ans: a

19-Decree means

(a) formal expression of an adjudication
(b) informal expression of an adjudication
(c) formal expression of an adjudication but shall not include any adjudication from which an appeal lies as an appeal from an order
(d) all of the above

Ans: c

20- A person is said to have notice” of a fact

a. when he actually knows that fact,

b. when, but for wilful abstention from an enquiry or search which he ought to have made,

c. gross negligence, he would have known it.

d. When he actually come to know it from the plaintiff

which one is the correct answer

a. d

b. a and b

c. a and b and c

d. only a

21-  Which one is not an example of Election

a. A person taking no benefit directly under a transaction, but deriving a benefit under it indirectly, need not elect.

b. A person who in his one capacity takes a benefit under the transaction may in another dissent therefrom.

c. When one elects a property over other

d. The farm of Sultanpur is the property of C and worth Rs. 800. A by an instrument of gift professes to transfer it to B, giving by the same instrument Rs. 1,000 to C. C elects to retain the farm. He forfeits the gift of Rs. 1,000.

Ans: c

22- “Written communication is the seed of the constitution of any arbitration tribunal”

Which answer is correct?

a. Oral telephonic communication is also good

b. Video WhatsApp communication is also good

c. Only written communication u/s 3 of Arbitration and Conciliation act is good

d. if there is written agreement no written communication is needed

Ans: c

23. Which following Interim measures can not be ordered by arbitral tribunal?

a. interim injunction or the appointment of a receiver;

b. securing the amount in dispute in the arbitration;

c. interim custody or sale of any goods which are the subject-matter of the arbitration agreement;

d. Interim payment of money

Ans: d

24. “Folk variety” means

a. A cultivated variety of plant that was developed, grown and exchanged informally among farmers;

b. A cultivated variety of plant that was developed by a scheduled area

c. A cultivated variety of plant that was developed in tribal land

d. A cultivated variety of plant that was developed in a hill area

Ans: a

25. “geographical indication”, in relation to goods, means

a. an indication which identifies such goods as agricultural goods,

b. natural goods or manufactured goods as originating, or manufactured in the territory of a country,

c. a region or locality in that territory, where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin

d. above all are correct

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