HIGHER JUDICIAL SERVICE – MODEL OBJECTIVE QUESTION PAPER [4th Set]

1. Consider the following statements:
1. The Preamble of the Constitution of India can be amended by the Parliament up to any extent barring the basic features.
2. The Preamble can be amended only by special majority and ratification by legislatures of 1 (half) the States.
3. The Preamble has no role to play in the interpretation of any provision of the Constitution.
Which of the statements given above is/are correct?
(a) l, 2 and 3
(b) 1 only
(c) 2 and 3
(d) 2 only
Ans : (b)

2. Fundamental Rights under the Constitution of India comprises of which of the following?
1. Individual rights
2. Group rights
Select the correct answer using the code given below:
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans: (c)

3. Match List-I with List-II and select the correct answer using the code given below the lists:
List-I (Subject matter) List-II (Case)
A. Reservation in unaided 1. E.V. Chinnaiah v. State of Andhra Pradesh
private colleges
B. 27% reservation for OBCs 2. I.R. Coelho v. State of Tamil Nadu
in government services
C. Constitutional validity of laws 3. R.A. Inamdar v. State of Maharashtra
included in the Ninth Schedule
4.Indra Sawhney v. Union of India
Code :
A B C
(a) 3 4 2
(b) 3 1 4
(c) 2 3 4
(d) 4 1 3
Ans : (a)

4. Match List-I with List-II and select the correct answer using the code given below the lists:
List-I List-II
(Power of President) (Relevant Constitutional Provision)
A. Power to grant pardon- 1.Article 76
B .Executive power of the Union 2.Article 7
C. Power to appoint Prime Minister 3.Article 53
D. Appointment of Attorney General. 4.Article 72
Code:
A B C D
(a) 4 2 3 1
(b) 4 3 2 1
(c) 1 2 3 4
(d) 1 3 2 4
Ans: (b)

5. Which one of the following statements is not correct?
(a) In a cabinet form of government neither the President nor the Government exercises the executive functions individually or personally
(b) Executive action taken in the name of the Governor is the executive action of the State
(c) The Governor cannot be held personally answerable for any portion of the address to the joint session
(d) The Governor is bound to exercise all his powers and the functions on the aid and advice of his Council of Ministers
Ans: (d)

6. Which one of the following is correct with regard to the decision in D.C. Wadhwa v. State of Bihar case?
(a) President is entitled to promulgate ordinance during the recess of the Parliament
(b) Colorable re-promulgation of ordinance is unconstitutional
(c) Article 123 empowers the President to issue successive ordinances
(d) Governor’s power of re-issuance of ordinance cannot be questioned in the Court of Law
Ans: (b)

7. Which one of the following is not correct with regard to transfer of cases from the High Courts?
(a) Cases involving same or substantially same question of law should be pending before Supreme Court and one or more High Courts
(b) Application requesting for transfer should be filled by Attorney General or any party to the case
(c) Transfer is possible when the Supreme Court on its own is satisfied that such question is of general importance
(d) Transfer of cases from one High• Court to another is not permissible in any circumstance
Ans : (d)

8. Consider the following statements:
Judicial review under the Constitution of India
1. is a part of the basic structure of the Constitution.
2; can only be ousted or excluded by a constitutional amendment.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans: (a)

9. Which of the following is not a function of the UPSC and State Public Service Commissions?
1. Advising the appropriate governments on matters relating to methods of recruitment to civil services and for civil posts.
2. Consultation in creation of All India Services.
3. Consultation on disciplinary matters affecting a person serving the Government of India or of a person serving the Government of a State in a civil capacity.
Select the correct answer using the code given below:
(a) 1 only
(b) 1 and 2
(c )2 only
(d) 2 and 3
Ans: (c)

10. Match List-I with List-II and select the correct answer using the code given below the lists:
List-I List-II
(Doctrine) (Related judgment)
A. Doctrine of Repugnancy 1. State of Bombay v. F.N.Balsara
B. Doctrine of Colorable Legislation 2. Prafulla Kumar v. Bank of Commerce
C. Doctrine of Pith and Substance 3. K.C.G Narayan Deo v. State of Orissa
D. Doctrine of Harmonious Construction 4. M. Karunanidhi v. Union of India
Code:
A B C D
(a) 4 2 3 1
(b) 4 3 2 1
(c) 1 3 2 4
(d) 1 2 3 4
Ans: (b)

11. Consider the following statements:
1. Emergency is always imposed throughout the nation.
2. Emergency can be imposed not only on the grounds of actual war, external aggression or armed rebellion, but also in anticipation thereof.
3. Every proclamation of Emergency will not remain in force after one month unless it is approved by both the Houses of Parliament.
Which of the statements given above is/are correct?
(a) 2and 3
(b) 1 and 2
(c) 3 only
(d) 1, 2 and 3
Ans: (a)

12. Assertion (A) Contributory negligence in an accident is a defense to a charge in criminal law.
Reason (R) : The fact that the deceased was also negligent and contributed to the accident does not afford a defense to the driver.
Code:
(a) Both A and R is individually true and R is the correct explanation of A
(b) Both A and R is individually true, but R is not the correct explanation of A
(c) A is true, but R is false
(d) A is false, but R is true
Ans: (d)

13. Even if the harm to the plaintiff has been caused maliciously no action can lie for the same unless the plaintiff can prove that he has suffered legal injuries. In which one of the following cases was this principle enunciated?
(a) Bradford Corporation v. Pickles
(b) Christie v. Davey
(c) Re Polemis case
(d) Holderness v. Goslin
Ans: (a)

14. Match List-I with List-l and select the correct answer using the code given below the lists:
List-I List-II
(Defense) (Decision)
A. Inevitable accident 1. Richards v. Lothian
B. Act of God 2. Alexander v. North Eastern Railway
C. Justification by truth 3. Nichols v. Mars
D. Act of third party 4. Stanley v. Powell
Code:
A B C D
(a) 4 3 2 1
(b) 1 3 2 4
(c) 4 2 3 1
(d) 1 2 3 4
Ans: (a)

15. X, the owner of a car, asked his friend Y to drive the car to his office. As the car was near his (X’s) office, it hit a pedestrian P on account of Y’s negligent driving and injured him seriously. P sued X for damages. Which one of the following is correct regarding the above?
(a) X is not liable as it was the negligence of Y
(b) The liability was solely of Y as X was not accompanying him
(c) As Y was driving under X’s care and authority, X is liable
(d) X is not liable under the principle of inevitable accident
Ans: (c)

16. The standard of care generally used in cases of negligence is the
(a) skill and care of a professional person
(b) care taken by an intelligent and prudent man
(c) foresight of a prudent man
(d) skill and foresight of an ordinary person of prudence and competence
Ans: (d)

17. Two persons are said to be joint tort-feasors when
(a) a person on account of his negligence gives opportunity to another for committing a tort
(b) two or more persons are. simultaneously involved in committing a wrong
(c) a tort is committed by two or more persons or any one of them when they are engaged in furtherance of a concerted purpose
(d) two persons together commit a tort
Ans: (c)

18. In which one of the following cases has the test of directness for determining the remoteness of damage been applied?
(a) Donoghue v. Stevenson
(b) Re Polemis
(c) Wagon Mound No. 1
(d) Doughty v. Tumer Manufacturing Co.Ltd
Ans:(b)

19. Match List-I with List-II and select correct answer using the code given below the lists:
List-I List-II
(Judicial Principle) (Decision)
A. Injuria Sine Damno 1. Jones v. Boyce
B. Damnum Sine Injuria 2. Davies v. Mann
C. Rule of Last Opportunity 3. Ashby v. White
D. Doctrine of Alternative Danger 4. Gloucester Grammar School Case
Code:
ABCD
(a) 1 2 3 4
(b) 1 3 2 4
(c) 3 4 2 1
(d) 3 2 4 1
Ans: (c)

20. The principle of absolute liability in the Indian tort law is applicable when damage is caused by the activity or escape of
(a) hazardous material only
(b) poisonous material
(c) inherently dangerous material only
(d) hazardous or inherently dangerous material
Ans : (d)

21. Consider the following decided cases on the tort of foreseeability:
1. Wagon Mound No. 1
2. Wagon Mound No.2
3. Hughes v. Lord Advocate
4. Doughty v Turner Manufacturing Co. Ltd.
Select the correct chronological order of the above cases, in
which they were decided, using the code given below:
(a) 1-2-3-4
(b) 3-1-4-2
(c) 1-3-4-2
(d) 3-1-2-4
Ans:(a)

22. Match List-I with List-I and select the correct answer using the
code given below the lists:
List-I List-II
(Special Defense) (Decision)
A. Reasonable restriction 1.Cook v. Alexander
B. Contributory negligence 2.Rajinder Kishore v. Durga Sahi
C. Absolute privilege 3 Herd v. Weardale Steel, Coal and Coke. Co. Ltd.
D. Qualified privilege 4.Rural Transport Service v. Bezlum Bibi
Code:
A B C D
(a) 2 4 1 3
(b) 2 1 4 3
(c) 3 1 4 2
(d) 3 4 1 2
Ans: (?)

23. Which one of the following is the gist of the cause of action for tort of conspiracy?
(a) An agreement between defendants to do an unlawful act
(b) An agreement and overt act by the defendants
(c) An agreement and oven act causing damage to the plaintiff
(d) Unlawful combination causing or not causing damage to the plaintiff
Ans:(c)

24. Which among the following are relevant for liability in the tort of conspiracy?
1. Number of combiners
2. Purpose of the combiners
3. Intention of the combiners
4. Actions taken by the combiners
Select the correct answer using the code given below:
(a) 1 and 2
(b) 2 and 3
(c) l and 4
(d) 2 and 4
Ans: (d)

25. Match List-I with List and select the correct answer using the code given below the lists:
List-I List-II
(Nature of tort) (Ingredient)
A. Private nuisance 1.Interest in land
B. Public nuisance 2.Addressed to the eye
C. Libel 3.No interest in land
D. Slander 4.Addressed to the ear
Code:
A B C D
(a) 1 2 3 4
(b) 1 3 2 4
(c) 4 3 2 1
(d) 4 2 3 1
Ans: (b)

26. For an action of nuisance, the following have been put up as defenses:
1. The place is suitable for the purpose.
2. It is for the benefit of the locality.
3. It is done under statutory authority?
Which of the defenses given above is/are correct?
(a) 1,2and3
(b) 1 only
(c) 2and3
(d) 3only
Ans: (d)

27. Which one of the following elements is not necessary to have a private right of action in respect of a public nuisance?
(a) The plaintiff must show a particular injury to himself beyond that which is suffered by the rest of the public
(b) The injury must be of a substantial character
(c) The nuisance must be caused by negligence
(d) The injury must be direct and not consequential injury
Ans: (c)

28. Which of the following remedies are available in an action in the tort of nuisance?
1. Abatement
2. Injunction
3. Specific restitution
4. Action for damages
Select the correct answer using the code given below:
(a) 1, 2 and 4
(b) l and 3
(c) 2 and 4
(d) 1, 2, 3 and 4
Ans: (a)

29. Consider the following statements:
The Actus reus is made up of
1. human action which is usually termed ‘conduct’.
2. the result of such act in the specified circumstances which is designated as ‘injury’.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans: (d)

30. Which of the following is the correct theoretical sequence in the commission of an offence?
1. Physical element
2. Mental element
3. Forbidden consequence
Select the correct answer using the code given below:
(a) 1-2-3
(b) 2-1-3
(c) 3-2-1
(d) 3-1-2
Ans: (b)

31. A is dead drunk and yet decides to go for a joy ride along with his friends. He drives his newly imported car with high speed and not able to control his vehicle when he passes through a busy shopping market causing instant death of three pedestrians. He is found to be highly intoxicated state at the time of the accident and the speed of car is found to be above 70 kms. For which one of the following offences can he be prosecuted?
(a) Homicide caused by rash and negligent act
(b) Murder
(c) Culpable homicide not amounting to murder
(d) Causing grievous hurt by an act endangering life
Ans: (c)

32. Match List-I with List-II and select the correct answer using the code given below the lists:
List-I List-II
(Elements of offence) (Type of offence)
A. Movable property obtained without consent 1. Robbery
B. Movable property obtained without consent by instant violence 2. Extortion
C. Movable property obtained without consent induced by fear 3.Dacoity
D. Movable property obtained using instant violence 4. Theft
by a gang of six persons
Code:
A B C D
(a) 3 4 1 2
(b) 3 1 4 2
(c) 4 1 2 3
(d) 4 2 1 3
Ans: (c)

33. Consider the following:
1. Entrustment.
2: Misappropriation or conversion to one’s own use.
3. Misappropriation, conversion or disposal with dishonest intention.
In which one of the following offences are the above essential ingredients?
(a) Cheating
(b) Criminal breach of trust
(c) Criminal misappropriation
(d) Extortion
Ans: (b)

34. ‘A’, a revenue officer, having dominion over public money by virtue of his office and is either directed by law, or bound by a contract, express or implied, with the government, to pay into a certain treasury all the public money which he holds. ‘A’ dishonestly appropriates the money. Which one of the following offences has ‘A’ committed under IPC?
(a) Theft, section 378 IPC
(b) Criminal breach of trust, section 405 IPC
(c) Misappropriation of property, section 403 IPC
(d) Robbery, section 390 IPC
Ans: (b)

35. In cases of criminal misappropriation, the initial possession of the property is:
(a) dishonest
(b) fraudulent
(c) innocent
(d) illegal
Ans: (c)

36. Taking property dishonestly from the dead body
(a) does not amount to any offence under IPC
(b) amounts to the offence of theft
(c) amounts to the offence of criminal misappropriation
(d) amounts to the offence of criminal breach of trust
Ans: (c)

37. Assertion (A): The essence of joint liability under section 149 of the IPC is that the criminal act must have been done with a view to fulfilling the common object of an unlawful assembly.
Reason (R): Any sudden and provocative act done by a member of an unlawful assembly would render the other members of the assembly liable.
Code:
(a) Both A and R are. individually true and R is the correct explanation of A
(b) Both A and Rare individually true, but R is not the correct explanation of A
(c) A is true, but R is false
(d) A is false, but R is true
Ans: (c)

38. Locus poenitentiae test is applied to trace which one of the following?
(a) Criminal misappropriation
(b) Attempt
(c) Sedition
(d) Conspiracy
Ans: (d)

39. To whom, among the following, is the right of private defense, under chapter IV of IPC, available?
1. Only to the defender being a preventive right.
2. An aggressor, while facing action on the part of the defender which is excessive.
Select the correct answer using the code given below:
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans: (a)

40. P with the intention of committing theft entered the house of Q. Q, on seeing him entering, struck him with a lathi and P fell down unconscious. Thereafter, Q gave him another blow of lathi at his head which caused his death. On being prosecuted for murder, Q took the plea of private defense.
Which of the following argument is valid?
(a) Since Q was acting in the exercise of right of private defense of his property, he had taken a valid defense
(b) Since in the defense of one’s property one cannot cause death of the intruder, Q has no defense
(c) Q has used excessive force as once P fell unconscious; there was no need for the second blow. Hence, Q’s plea of right of private defense will not succeed
(d) If P committed house breaking in the night, Q has the right to cause death in the de of his property, and thus Q’s plea should prevail
Ans: (c)

41. Which one of the following is the correct group of offences against which right of private defense relating to property can be exercised?
(a) Theft, Extortion, Robbery, Mischief
(b) Theft, Extortion, Mischief, Criminal Trespass
(c) Robbery, Mischief, Criminal Trespass, Extortion
(d) Theft, Robbery. Mischief, Criminal Trespass
Ans (d)

42. Which one of the following statements is correct?
For the purpose of section 103 of IPC (causing death in the exercise of right of private defense for protection of property), there is:
(a) no distinction between public property and private property
(b) clear distinction between public property and private property
(c) no right of private defense
(d) no right of private defense at the attempt stage of causing of death
Ans: (a)

43. A instigates B to kill C by means of a letter sent through post. The abetment by instigation is complete
(a) as soon as the letter reaches the addressee
(b) as soon as the abettor posts the letter to the addressee
(c) as soon as the contents of the letter are known to the addressee
(d) even if the letter was sent at a wrong address
Ans: (c)

44. B, a man of unsound mind, sets fire to a dwelling house on A’s instigation. Here, B is exempted from criminal liability (Section 84 IPC), but A is guilty of abetting mischief by fire with intent to destroy the house. The principle for this criminal liability may be explained by which one of the following explanations?
(a) The abetment of an offence being an offence, the abetment of such an abetment is also an offence.
(b) The person who has been instigated to commit an offence may not be liable under criminal law for his act because of his being of unsound mind at the time of committing the offence but the abetment to commit mischief by fire.
(c) To constitute offence of abetment it is not necessary that the act abetted should be committed
(d) It is not necessary to the commission of the offence by conspiracy that the abettor should work in concert with the person who commits it
Ans: (b)

45. X and Y conspire to poison Z. X in pursuance of the conspiracy procures the poison and delivers it to V in order that he may administer it to Z. Yin pursuance of the conspiracy administers the poison in the presence of X and hereby causes Z’s death. What offence, if any has been committed by X and Y, respectively?
(a) Y has committed the offence of murder and X was an abettor
(b) Both X and Y have committed the offence of criminal conspiracy
(c) X has committed the offence of murder and Y was an abettor
(d) Both X and Y have committed the offence of murder
Ans: (d)

46. Which of the following is/are correct?
For an offence of extortion
1. it is necessary that the threat made and the property received be by one and the same person.
2. it is not necessary that the person who received threat and the person who delivered the property be one and the same person.
Select the correct answer using the code given below:
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans: (b)

47. Stealing one’s own property is:
(a) not at all an offence
(b) an offence under section 403 of IPC
(c) an offence tinder section 405 of IPC
(d) None of the above
Ans: (d)

48. In which one of the following cases did the Supreme Court explain the concept of grave and sudden provocation as a mitigating circumstance reducing the gravity of the offence from murder to culpable homicide not amounting to murder?
(a) State v. Dasrath
(b) Jagroop Singh v. State of Haryana
(c) K.M. Nanavati v. State of Maharashtra
(d) Ujagar Singh v. Emperor
Ans: (c)

49. The juristic concept of contract consists of
(a) free consent and capacity
(b) offer and acceptance
(c) consideration and undue influence
(d) agreement and obligation
Ans: (d)

50. Consider the following statements:
1 An Agreement made without consideration is void.
2. Consideration should have some value in the eyes of the law.
3. Consideration has to be adequate.
Which of the statements given above is/are correct?
(a) 1, 2 and 3
(b) l and3
(c) 3 only
(d) 1 and 2
Ans: (d)