Bihar Superior Judicial Service District Judge Entry Level Exam 2020- Post 27- Last date 21/03/2020: Patna High Court

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HIGH COURT OF JUDICATURE AT PATNA

District Judge (Entry Level), Direct From Bar Exam-2020

Advertisement No. BSJS/1/2020

Applications are invited from eligible Advocates for direct recruitment in respect of 27 vacancies, including 1 backlog vacancy for EBC and 3 for SC, as on 31.03.2020, which may vary in future, both on Permanent and Temporary posts in the Bihar Superior Judicial Service in the pay scale of Rs. 51550-1230-58930-1380-63070, under terms and conditions mentioned below.

1. The application shall be filled up online (www.patnahighcourt.gov.in) from 21.02.2020 to 21.03.2020 till 23:59 hours after which the link shall be disabled. However, the link shall remain available upto 28.03.2020 till 23:59 hours only for the purpose of uploading the scanned photograph, signature, declaration written in the handwriting of the candidate, filling in Bank reference number and obtaining the printout of the application form. The candidates are advised to keep a printout of the online filled in application form with themselves, and the same, alongwith all the required certificates, shall be requisitioned from the candidates qualifying the Main (Written) Examination.

a. The candidates are advised to write the declaration mentioned below in their own handwriting in Black ink on a white sheet of paper, get it scanned for the purpose of uploading the same while filling up the form online -“I, do hereby declare that all the particulars given hereinabove are true and correct in all respects and if any part of it is found incorrect, this application shall be liable to be rejected summarily.”

b. Candidates will have to upload their scanned colour photograph and signature (in Black ink). Accordingly, candidates are advised to scan their photograph, signature and declaration in the given format and save in a documentary file from where the photo, signature and hand written declaration in own handwriting so scanned can be browsed and uploaded.

c. The candidates will be able to upload their scanned photograph, signature and declaration on the website of the Court only after 24 hours of making successful payment online. After filling up the necessary details, a candidate will have to press the ‘submit button’, after which, a registration number will be generated. Thereafter, candidate will have to make payment online by following the link on the website. The candidates are advised to note down bank reference number that will be generated after making online payment, which they shall be required to fill in the application form while finally submitting the same. After 24 hours of making successful payment, a candidate may visit the website of the Court again by entering his registration number and date of birth to finally submit the application form.

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District Judge (Entry Level) in Chhattisgarh Higher Judicial Service 2020: Last date 27/01/2020

Chattisgarh High Court

HIGH COURT OF CHHATTISGARH: BILASPURDISTRICT JUDGE (ENTRY LEVEL) EXAMINATION 2020 DIRECT RECRUITMENT FROM BAR

Adv. No. 01/S & A Cell/2020

Date: 06/01/2020

Last date & time for receipt of application in the Registry-

Time: Date 27/01/2020 -5.00 pm

Date of Written Examination- 29/03/2020 (Sunday)

TOTAL VACANCY- 22 UNRESERVED-18

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

HIGHER JUDICIAL SERVICE EXAMINATION

HIGHER JUDICIAL SERVICE EXAMINATION

1- Which one of the following features does not support the federal character of Indian Constitution?

(A) Distribution of powers between Centre and States

(B) Authority of Courts

(C) Supremacy of the Constitution

(D) Single citizenship

Answer: (D)

2- Match List-I with List-II and select the correct answer using the codes given below:

List – I List – II

I- Law declared by the Supreme Court to be binding on all courts- (a) Article 141

II- Advisory jurisdiction of Supreme Court- (b) Article 143

III- Power of Supreme Court to review its own judgement- (c) Article 137

IV- Appeal by Special Leave (d) Article 136

Codes:

I II III IV

(A) (a) (b) (c) (d)

(B) (b) (a) (c) (d)

(C) (a) (c) (d) (b)

(D) (b) (c) (a) (d)

Answer: (A)

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Syllabus for Delhi Higher Judicial Services Examination 2019 with study materials

  1. The candidates applying for the Delhi Higher Judicial Services examination should ensure that they fulfill all the eligibility conditions for admission to the examination. Their admission at all the stages of examination, for which they are admitted by this Court viz. Preliminary Examination (objective), Main Examination (written) and the viva-voce shall be purely provisional, subject to their satisfying the prescribed eligibility conditions.
  2. If on verification at any time before or after the Preliminary Examination (objective), Main Examination (written) and the vivavoce, it is found that the candidate does not fulfill any of the eligibility conditions, his/her candidature for the examination shall stand cancelled without any notice or further reference.
  3. Rule 11 of the Delhi Higher Judicial Service Rules, 1970 referred to in the Application Form.

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Delhi Higher Judicial Service Examination 2019 Vacancies Declared-General Caste 17 – LAST DATE- 21.01.2020

[Notification Dt 17/01/2020]

Last Date and Time for filling Online Application Form and/or making payment through Debit Card/Internet Banking: 21.01.2020 (10:00 P.M.)

HIGH COURT OF DELHI: NEW DELHI

(website: http://www.delhihighcourt.nic.in)

DELHI HIGHER JUDICIAL SERVICE EXAMINATION – 2019

AS PER THE DELHI HIGHER JUDICIAL SERVICE RULES, 1970 AS AMENDED UP TO 26.12.2019

CORRIGENDUM

In continuation of this Court’s notice published In varIOUS newspapers, on the website and elsewhere on 28.12.2019 whereby 19 vacancies [16 existing vacancies and 03 anticipated vacancies] have been advertised for Delhi Higher Judicial Service Examination­2019, it is hereby notified that the category wise bifurcation of 19 vacancies for Delhi Higher Judicial Service Examination – 2019 shall now be read as under:

DELHI HIGHER JUDICIAL SERVICE 2019

 

NOTE

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Snigdha Mukherjee –vs- State of West Bengal & Anr – 20/07/2018

Reduction of the amount of interim maintenance awarded by the  Magistrate u/s 23 of DV Act without giving an opportunity of hearing to the opposite party/wife is illegal on a petition by husband before Sessions Judge u/s 29 of DV Act.

Women from Domestic Violence Act, 2005 

CALCUTTA HIGH COURT

CRR 423 of 2018
With
CRAN 523 of 2018

Snigdha Mukherjee –vs- State of West Bengal & Anr.

Mr. Prasenjit Mukherjee….for the petitioner

Mr. Rana Mukherjee, A.P.P.
Ms. Debjani Sahu ……for the State

Order Dated: 20/07/2018

Perused the application, being CRAN 523 of 2018, filed under Section 5 of the Limitation Act for condoning the delay of 55 days in filing the revisional application, being CRR 423 of 2018. Causes shown are sufficient. Delay of 55 days is condoned. The application, being CRAN 523 of 2018, is allowed.

Learned advocate appearing for the petitioner submits that the petitioner has filed an application for interim maintenance before the learned 9th Judicial Magistrate at Alipore under Section 23 of the Protection of Women from Domestic Violence Act, 2005 and the said interim order of maintenance dated 18th August, 2017 has been stayed by the learned Sessions Judge, Alipore, South 24 Parganas in Criminal Appeal no. 196 of 2017 without effecting notice to the petitioner in the first date of hearing of admission of appeal filed by the opposite party no.2, which is not permissible under Section 29 of the Protection of Women from Domestic Violence Act, 2005 and contrary to the judgment and decision of the Hon’ble Supreme Court reported in (2015)2 Supreme Court Cases 99.

Mr. Rana Mukherjee, learned Additional Public Prosecutor and Ms. Debjani Sahu, learned advocates appear for the State.

Perused the order dated 14th September, 2017 passed by the learned Sessions Judge, Alipore, South 24 Parganas in Criminal Appeal no. 196 of 2017 staying the operation of the order dated 18th August, 2017 to the extent of the amount of interim maintenance awarded by the learned Magistrate without giving an opportunity of hearing to the opposite party/wife.

The order dated 14th September, 2017 passed in Criminal Appeal no. 196 of 2017 is thus quashed and set aside as it is not permissible under Section 29 of the Protection of Women from domestic Violence Act, 2005. The learned Sessions Judge is requested to proceed with the appeal in accordance with law and to conclude the same at an earliest.
Accordingly, the revisional application is allowed.

Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis.

(Rajarshi Bharadwaj,J)

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)


 

HIGHER JUDICIAL SERVICE MODEL OBJECTIVE QUESTION PAPER [2nd Set]

1. An executing court cannot determine the questions relating to which of the following?
(A) Execution of decree
(B) Discharge of decree
(C) Satisfaction of decree
(D) Modification of decree
Ans:-D

2. A person against whom summons has been issued may be compelled under Sec. 32 of C.P.C. to attend by—
1. Issue of a warrant
2. Attachment and sale of his property
3. Imposing a fine
4. Ordering him to furnish security for his appearance
Select the correct answer with the help of the code given below—
Code:
(A) l and 4
(B) 3 and 4
(C) 1, 2, 3 and 4
(D) 2 and 4
Ans:-C

3. Provision for interpleader suit is contained in which of the following sections of C.P.C.?
(A) Section 87
(B) Section 88
(C) Section 89
(D) Section 90
Ans:-B

4. Which one of the following is not a suit relating to immovable property?
(A) Suit for recovery of immovable property
(B) Suit for partition of immovable property
(C) Suit for redemption of mortgaged property
(D) Suit for rent in respect of immovable property
Ans:-D

5. The Code of Civil Procedure (Amendment) Act, 2002 came into force on—
(A) 1St April, 2002
(B) 1st June, 2002
(C) 6th June, 2002
(D) 1st July, 2002
Ans:-D

6. Where the local limits of jurisdiction of courts are uncertain, the place of institution of suit shall be decided according to the provision of—
(A) Section 17 of C.P.C.
(B) Section 18 of C.P.C.
(C) Section 19 of C.P.C.
(D) Section 20 of C.P.C.
Ans:-B

7. In which of the following provisions ‘mesne profit’ has been defined in the C.P.C.?
(A) Section 2(4)
(B) Section 2(8)
(C) Section 2(12)
(D) Section 2(14)
Ans:-C

8. The period of limitation within which defendant shall submit his wrtn statement is—
(A) 30 days from service of summons
(B) 40 days from service of summons
(C) 60 days from service of summons
(D) 90 days from service of summons
Ans:-A

9. In which of the following writs, the doctrine of res judicata is not applicable?
(A) Certiorari
(B) Mandamus
(C) Quo Warranto
(D) Habeas Corpus
Ans:-D

10. Which one of the following properties is liable to attachment and sale in the execution of a decree?
(A) Right to future maintenance
(B) A promissory note
(C) Book of account
(D) A right of personal service
Ans:-B

11. Which one of the following is not a suit of civil nature under C.P.C.?
(A) A suit against deprivation from attending social functions
(B) A suit for arrears of salary
(C) A suit for right of burial
(D) A suit for restitution of conjugal rights
Ans:-A

12. Which one of the following does not find a place under the provisions of Sec. 94, C.P.C. relating to supplemental proceedings?
(A) Arrest before judgement
(B) Attachment before judgement
(C) Temporary injunction
(D) Appointment of executors
Ans:-A

13. Which one of the following is not required in filing a representative suit under Order 1Rule 8 of the C.P.C.?
(A) Numerous parties
(B) Same interest
(C) Leave of the court
(D) Written permission of those who are being represented
Ans:-D

14. The provision for the institution of suits is given in which of the following sections of C.P.C.?
(A) Section 26
(B) Section 30
(C) Section 28
(D) Section 25
Ans:-A
15. A right to sue for damages is—
(A) An actionable claim
(B) Not an actionable claim
(C) Not only a mere right to sue
(D) Transferable
Ans:-B

16. The doctrine of part performance as given in Sec. 53-A of T.P. Act is—
1. A statutory right
2. An equitable right
3. Available in defence
Code:
(A) l and 3
(B) l and 2
(C) 2
(D) 2 and 3
Ans:-D

17. Assertion (A): Property is a comprehensive term and includes copyright.
Reason (R) : Transfer of property Act deals with all kinds of property including patents.
Choose the correct answer using the codes given below—
Code:
(A) Both (A) and (R) are true and (R) is the correct explanation of (A)
(B) Both (A) and (R) are 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:-B

18. Which of the following combinations are correctly matched?
1. Mesne profit — Actionable Claim
2. Claim of a Muslim wife for unpaid dower — Actionable Claim
3. Unsecured debt — Actionable Claim
4. Profit under a sale of goods contract – Actionable Claim
Select the correct answer using the code given below—
Code:
(A) 2, 3 and 4
(B) 1,2 and 3
(C) 2 and 3
(D) l and 4
Ans:-A

19. Remedy of ‘foreclosure’ is available in which one of the following mortgages?
(A) Usufructuary mortage
(B) Simple mortgage
(C) Mortgage by condition sale
(D) English mortage
Ans:-C

20. Which one of the f6llowing is not an essential element of sale?
(A) Parties
(B) Subject matter
(C) Transfer or conveyance
(D) Payment of price in cash
Ans:-D

21. ‘Rule against double possibilities’ was recognised in which one of the following cases?
(A) Girjesh Dutt V/s Datadin
(B) Whitby V/s Mitchell
(C) Ardeshir V/s Dadabhoy
(D) Sopher V/s Administrator General of Bengal
Ans:-B

22. Which one of the following sections of T.P. Act deals with doctrine of ‘substituted
security’?
(A) Section—68
(B) Section—70
(C) Section—71
(D) Section—73
Ans:-C

23. Which is correct answer in the following?
(A) Section 60 of T.P. Act is enforceable on mortagage decrees
(B) Sale or purchase agreements are saleable properties and liable for attachment
(C) ‘Hereditary profession’ is liable for attachment
(D) Motor pump which is used in irrigation is liable for attachment
Ans:-A

24. Ram Coomar Kundoo V/s Mc Queen (1872) is related to—
(A) Lis pendens
(B) Ostensible owner
(C) Part performance
(D) Mortgage
Ans:-B

25. The principle of the maxim “nemo dat quad non habet” is incorporated in which of the following sections of T.P. Act?
(A) Sections 41, 42, 43 and 44
(B) Sections 41, and 42
(C) Sections 41 and
(D) Sections 41 and 43
Ans:-A

26. Doctrine of Marshalling has been provided in which of the following sections of the
T.P. Act?
(A) Sections 56 and 81
(B) Sections 56 and 82
(C) Sections 56, 81, 82
(D) Sections 81 and 82
Ans:-A

27. Section 58 (a) of the T.P. Act defines—
(A) Mortgage, mortgagor, mortgagee and mortgage money
(B) Mortgage, mortgagor, mortgagee and mortgage deed
(C) Mortgage, mortgagor, mortgagee, mortgage money and mortgage deed
(D) Mortgage, mortgagor, mortgage money and mortgage deed
Ans:-C

28. Under the Hindu Adoption and Maintenance Act, a mother is—
(A) Entitled to live along with her son’s family
(B) Not entitled to live along with her son’s family
(C) Morally entitled to her son’s care
(D) Entitled to have separate accommodation from her son
Ans:-D

29. Which of the following ancient forms of marriages were not approved by Hindu Law?
1. Gandharva
2. Arsha
3. Prajapatya
4. Asura
(A) 1, 2 and 3
(B) 2 and 3
(C) 3 and 4
(D) l and 4
Ans:-D

30. A boy of 17 years marries a girl of 15 years. The marriage is—
(A) Void
(B) Voidable
(C) Valid and not punishable
(D) Valid and punishable
Ans:-D

31. (A) marries ‘B’, the widow of his elder brother. The marriage is—
(A) Valid
(B) Void
(C) Voidable
(D) None of these
Ans:-B

32. An adoption made by a Hindu male without the consent of his wife is—
(A) Void
(B) Voidable
(C) Valid
(D) Invalid
Ans:-A

33. Coparcenary property of a Hindu—
1. Devolves by succession
2. Devolves by survivorship
3. Can be partitioned
4. Cannot be partitioned
Select the correct answer with the help of code give below—
Code:
(A) l and 2
(B) 2 and3
(C) l and 4
(D) 2 and 4
Ans:-B

34. The statement “While there is no rose which has no thorn but if what you hold is all thorn and no rose, better throw it sway” relates to-
(A) Restitution of conjugal rights
(B) Judicial separation
(C) Divorce by mutual consent
(D) Irretrievable break-down of marriage theory of divorce
Ans:-C

35. Under the Hindu Adoption and Maintenance Act, 1956 a female Hindu has the capacity to take a son or daughter in adoption if—
(A) She is not married
(B) She is married
(C) She is widow and has no son or daughter but has a widowed daughter-in-law
(D) She cannot adopt at all
Ans:-A

36. The Hindu Marriage Act, 1955 contains the provision regarding divorce in—
(A) Section 10
(B) Section 11
(C) Section 13
(D) Section 15
Ans:-C

37. Which Section of the Hindu Marriage Act provides for the restitution of conjugal
Rights?
(A) Section 9
(B) Section 10
(C) Section 12
(D) Section 13
Ans:-A

38. Which one of the following is not included in the term ‘Hindu’ used in the Hindu Marriage Act, 1955?
(A) Sikhs
(B) Jams
(C) Parsis
(D) Buddhists
Ans:-C

39. A marriage under the Hindu Marriage Act, 1955 between two persons within prohibited degrees of relationship is—
(A) Valid
(B) Void
(C) Voidable
(D) Irregular
Ans:-B

40. Adultery by a Hindu husband is—
(A) Ground of divorce only
(B)Not a ground of divorce
(C)Ground of judicial separation only
(D)Ground of divorce and Judicial separation of the both
Ans:-D

41. The natural guardian of a minor Hindu boy is—
(A) Only mother
(B) Only father
(C) Grand father
(D) Father and mother both
Ans:-D

42. Which one is not a source of Muslim Law?
(A) The Quran
(B) Shariat
(C) Hadis
(D) Ijmaa
Ans:-B

43. On the ground of fosterage a Muslim marriage is—
(A) Void (Batil)
(B) Vaild (Sahih)
(C) Irregular (Fasid)
(D) Muta
Ans:-A

44. Which of the following are sources of Muslim Law ?
(A) Quran
(B) Ijmaa
(C) Kiyas (Qiyas)
(D) All the above
Ans:-D

45. The legal guardian of a muslim minor female is—
(A) Father
(B) Grandfather
(C) Mother
(D) Maternal uncle
Ans:-C

46. Which one of the following is not essential for a valid marriage under Muslim Law?
(A) Offer and acceptance
(B) Competent parties
(C) Fosterage
(D) Free consent
Ans:-C

47. Dower in Muslim Law is—
1. Dowry
2. An obligation imposed upon the husband as a mark of respect for wife
3. Consideration for marriage
4. A legal right of the wife
Select the correct answer by using the code given below—
Code:
(A) 1,3 and 4
(B) 2 and 4
(C) 2,3 and 4
(D) 2 and 3
Ans:-C

48. Talak-ul-biddat is—
(A) Complete and irrevocable divorce
(B) Incomplete and irrevocable divorce
(C) Complete and revocable divorce
(D) None of the above
Ans:-A

49. In respect of family relations, the law applicable in India is—
(A) Secular law in India
(B) Statutory law
(C) Religious law
(D) Personal law of the parties
Ans:-D

50. Under the Constitution of India, all aspects of family law are in the—
(A) Union list
(B) State list
(C) Concurrent list
(D) None of the above
Ans:-C