iqra: Uttarakhand PCS Civil judge (Pre.) exam 2008

Uttarakhand PCS Civil judge (Pre.) exam 2008

Part–I
General Knowledge

1. In the history of India, who among the following is famous for the policy of market control ?

(A) Balban

(B) Akbar

(D) Allauddin Khilji

2. Who among the following got the Rajeev Gandhi Khel Ratna Award 2006 ?

(A) Parimarjan Negi

(B) Jeev Milkha

(D) Mahendra Singh Dhoni

3. How many Schedules are there in the Indian Constitution at present ?

(A) 9 (B) 10

4. Which one of the following is not listed as a source of International Law in the statute of International Court of Justice ?

(A) Treaties

(B) Custom

(D) None of the above

5. Members of International Court of Justice are elected for a period of—

(A) 3 years (B) 5 years

6. Who amongst the following is not appointed by the President ?

(A) Attorney General

(B) Advocate General

(D) Chief Election Commissioner

7. In which of the following cases thewholehearingwasconductedthrough video conferencing first time in India ?

(A) Abdul Kareem Mulla 2006

(B) Abdul Kareem Telgi 2006

(D) Telephone Tapping case 2006

8. In India power to declare any area as ‘scheduled area’ belongs to—

(A) Parliament

(B) Assembly of the State

(D) Election Commissioner

9. On which of the following dates ‘Law Day’ is celebrated ?

(A) 8th September

(B) 28th October

(D) 20th December

10. Which one of the following Articles of the Constitution of India relates to untouchability ?

(A) Art. 17 (B) Art. 18

11. National Human Rights Commission in India was established on—

(A) 26th January, 1993

(B) 15th March, 1993

(D) 27th September, 1993

12. Caveat shall not remain in force after expiry of—

(A) 30 days (B) 60 days

13. International Covenant on Civil and Political Rights was adopted by the General Assembly on—

(A) January 3, 1966

(B) October 13, 1966

(D) December 16, 1966

14. Phukan Commission is related to—

(A) Reservations for minorities

(B) Tehelka defence scandal

(D) Reforms in Civil Services

15. In2005,theSupremeCourtstruck down the Illegal Migration (Determination by Tribunal) Act of 1983 applicable to the state of—

(A) Assam (B) West Bengal

16. Point out the correct answer.

‘Full faith and credit’ clause of the constitution does not apply to—

(A) Public Records

(B) Judicial proceedings

(D) Public acts

17. The concept of Judicial Review in India has been taken from the Constitution of—

(A) Britain (B) France

18. A political party is recognised as National or Regional by the—

(A) State Government

(B) Central Government

(D) Election Commissioner of India

19. Which one of the following is the correct statement ?

The customary International law of treaties was codified in the—

(A) Viena Convention, 1980

(B) Statute of International Court of Justice

(D) Viena Declaration, 1993

20. VAT is related to—

(A) Banking Service

(B) Business Tax System

(D) None of the above

21. The name of first Woman Chief Justice of High Court in India is—

(A) Leila Seth

(B) Leila Mukherjee

(D) Sarojini Naidu

22. Which one of the following is related to SEBI ?

(A) Banking

(B) Share Market

(D) Banking and Insurance

23. Whichmediumisusedby‘Radar’ to trace aeroplanes ?

(A) Micro wave

(B) Electric wave

(D) Sound wave

24. Which one of the following pro-perties is not liable to be attached and sold in execution of decree ?

(A) Government Securities

(B) Promisory Notes

(D) Bonds

25. The transfer of the company’s Government to British Crown was done on—

(A) 1st October, 1857

(B) 1st October, 1858

(D) 1st October, 1860

26. Which one of the following High Courts have the jurisdiction over largestnumberofstatesinIndia?

(A) Calcutta High Court

(B) Bombay High Court

(D) Madras High Court

27. How many Judges of Supreme Court of India by now have been removed from their office before expiry of their normal term through impeachment ?

(A) One (B) Two

28. In which one of the lists of Con-stitution of India the subject of preventive detention lies ?

(A) Union list

(B) State list

(D) None of the above

29. World Environmental Day is celebrated on—

(A) 5th June

(B) 10th June

(D) 5th September

30. Gandhi International Peace Award 2006 was given to—

(A) Kiran Desai

(B) Ruth Manorama

(D) Suketu Mehta

31. How many members are nominated in Rajya Sabha under Indian Constitution ?

(A) 1 (B) 2

32. Who is the Head of the state under the Constitution of India ?

(A) Prime Minister

(B) President of India

(D) All the above

33. A law for preventively detention may be enacted by—

(A) Exclusively by Parliament

(B) Exclusively by state legislature

(D) Only by means of ordinance promulgated by the President

34. Who appoints the officers and employees of the High Court ?

(A) Chief Justice of High Court

(B) Governor of the concerned state

(D) Registrar of High Court

35. Which one of the following scholars consider International law as true law ?

(A) Grotius (B) Hobbes

36. Which of the following is not a principalorganofUnitedNations Organisation ?

(A) Trusteeship Council

(B) EconomicandSocialCouncil

(D) Human Rights Commission

37. Which one of the following can enforce the judgement of Inter-national Court of Justice ?

(A) General Assembly on the recommendations of Security Council

(B) Secretary General

(D) None of the above

38. The International Criminal Court is located at—

(A) Geneva (B) Hague

39. The name of first woman judge of International Court of Justice is—

(A) Rosalyn Higgins

(B) Rosa E. Otunbayeva

(D) Sadako Ogata

40. In which of the following cases, the Supreme Court has held that strike by lawyers is illegal and unethical ?

(A) M. C. MehtaVs. Union of India

(B) Lily ThomasVs. Union of India

(D) Indira Sawhney Vs. Union of India

41. In which of the following cases the Supreme Court directed the Government of implement the law against female foeticide ?

(A) Madhu Kishwar Vs. State of Bihar

(B) CEHAT Vs. Union of India

(D) None of the above

42. In which of the following cases the Supreme Court of India has observed sexual harassment as a violation of human rights ?

(A) Vishakha Vs. State of Rajasthan

(B) Kapila Hingurani Vs. State of Bihar

(D) Ahmed KhanVs. Shahbano Begam

43. The case of Roman Catholic Priest, John Vallanmatton Vs. Union of India relates to—

(A) Enactment of Uniform Civil Code

(B) Enactment of Uniform Hindu Code

(D) None of the above

44. The Chief Justice of India may appoint an adhoc judge in the Supreme Court from amongst—

(A) Retired Judges of Supreme Court

(B) Serving Judges of the High Court

(D) Retired Judge of a High Court

45. Copy right subsists after the death of an author for—

(A) 50 years (B) 60 years

46. In which one of the following states recently the first regular quasi judicial mobile court has been inaugurated ?

(A) Uttarakhand

(B) Haryana

(D) Maharashtra

47. By which of the following Con-stitutionalAmendmentsArt21-A on right to education has been added in the Constitution ?

(A) 85th Amendment

(B) 86th Amendment

(D) 88th Amendment

48. Who among the following was the chairman of sixth pay commission ?

(A) Justice Rathnaval Pandian

(B) Justice A.S. Anand

(D) Justice A.K. Majumdar

49. In which one of the following sections the term ‘Information’ has been defined in the Right to Information Act, 2005 ?

(A) Sec. 2(g)

(B) Sec. 2(a)(i)

(D) Sec. 2(f)

50. Which one of the following cases relate to anti-strike verdict ?

(A) T.K. Rangrajan Vs. Govt. of Tamil Nadu AIR 2003 SC

(B) Shyam Narayan Vs. Union of India AIR 2003 M.P.

(D) M.K. UsmanVs. C.S. Santhe AIR 2003 Kerala

PART–II

Law

51. Punishment for being a member of Unlawful Assembly under Indian Penal Code has been provided under—

(A) Section 141

(B) Section 142

(D) Section 146

52. ‘Dowry death’ under Indian Penal Code, 1860 has been put under the chapter—

(A) Offences against human body

(B) Offences against marriage

(D) Offences against public nuisance

53. Which one of the following Sec-tions of the Indian Penal Code, 1860 defines ‘Thug’ ?

(A) Section 307

(B) Section 310

(D) Section 312

54. Which one of the following is the date of enforcement of the Indian Penal Code, 1860 ?

(A) January 1, 1860

(B) July 1, 1860

(D) January 1, 1862

55. Minimum number of offenders for the commission of robbery under Indian Penal Code, 1860 must be—

(A) One person

(B) Two persons

(D) Three persons

56. Section 149 of the Indian Penal Code, 1860 is—

(A) A declaratory provision

(B) Creates a distinct offence

(D) All the above

57. Which one of the following ele-ments is not essential for the applications of Section 34 of the Indian Penal Code, 1860 ?

(A) Common Intention

(B) Commission of an offence

(D) Offence should be com-mitted in furtherance of common intention

58. Basudev Vs. State of Pepsu AIR 1956 S.C. is a leading case on—

(A) Infancy

(B) Insanity

(D) All the above

59. A intentionally pulls up a woman’s veil without her con-sent to make her afraid of, is liable for—

(A) Assault

(B) Criminal force

(D) Defamation

60. Punishment for attempt to com-mit culpable homicide has been provided in Indian Penal Code, 1860 under—

(A) Section 303

(B) Section 305

(D) Section 308

61. ‘A’instigates‘B’toburnthehouse of Z. B sets fire to the house and at the same time commits theft of the property there. Whether A is guilty of ?

(A) Abetting of theft

(B) Abettingofburningofhouse

(D) None of the above

62. ‘X’ by putting ‘Z’ into fear of grievous hurt, dishonestly induces ‘Z’ to sign on a blank paper and deliver it to ‘X’, ‘Z’ signs and delivers the paper to ‘X’. Here ‘X’ has committed—

(A) No offence (B) Robbery

63. Death caused by rash and negligent act is covered in Indian Penal Code under—

(A) Section 304

(B) Section 304 A

(D) Section 301

64. Which of the following is not an ingredient of theft ?

(A) Dishonest intention

(B) Removal from possession

(D) Without consent of the person in possession

65. ‘A’ has sexual intercourse with a widow with her consent. ‘A’ is guilty of—

(A) Rape

(B) Adultery

(D) No offence

66. Match List-I (cases) with List-II (subjects) and select correct answerusingcodegivenbelow—

List–I

(Cases)

(a) Kehar Singh Vs. Delhi Administration

(b) Nawab Ali Vs. State of U.P.

(d) Mahboob ShahVs. King Emperor

List–II

(Subject)

1. Right of Private Defence

2. Criminal Conspiracy

3. Common Intention

4. Common Object

5. Mistake of Fact

Codes :

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

(A) 2 4 1 3

(B) 3 1 5 2

(D) 2 1 5 3

67. Which one of the following was appointed as Khalifa after the death of Mohammad Sahib, the Prophet ?

(A) Abu Hanifa

(B) Ummar

(D) Ali Sahib

68. If a muslim husband has falsely charged his wife with adultery, the process of retract is called—

(A) Zihar

(B) Ii’an

(D) None of the above

69. The Dissolutions of Muslim Marriage Act, 1939 is based on the following school of Muslim Law—

(A) Hanafi school

(B) Shafi school

(D) Zaidi school

70. Under Muslim Law, a divorce by Khula is a divorce with the con-sent and at the instance of—

(A) Husband

(B) Wife

(D) Husband and wife

71. Point out the incorrect answer—

Legal effects of divorce are

(A) Cohabitationbecomesillegal

(B) The wife is required to observe Iddat

(D) Right to contract other mar-riage is accured

72. Sunni Muslims consider ‘Muta Marriage’ as—

(A) Void (B) Voidable

73. If a sunni muslim marry with a Kitabiya girl, the marriage is—

(A) Valid (B) Invalid

74. Under Muslim Law, a Muslim can make a will of his property upto the extent of—

(A) One-fourth of the property

(B) One-third of the property

(D) The entire property

75. In Muslim Law marriage con-tracted without witness is—

(A) Void (B) Valid

76. Under Muslim Law a Muslim can make gift of his property upto the extent of—

(A) Only 1/4 of his property

(B) One 1/3 of his property

(D) The entire property

77. Which one of the following state-ments regarding gift in Muslim law is correct ?

(A) Gift can be made orally only

(B) Gift can be made only in writing

(D) None is correct

78. The most proper divorce is—

(A) Hasan Talak

(B) Ahsan Talak

(D) None of the above

79. When in a muslim marriage ‘Mehr’ is unspecified, the wife is entitled to get—

(A) Mehr-i-Muajjal

(B) Mehr-i-Muwajjal

(D) All of the above

80. A muslim is prohibited to have two wives at a time, if these two wives are related to each other by—

(A) Consanguinity

(B) Affinity

(D) All the above

81. In Muslim Law when husband and wife both desire separation, the transaction is known as—

(A) Mubaraat

(B) Talak-in-bain

(D) None of the above

82. A Muslim woman guilty of illicit relationship is punishable for—

(A) Izl

(B) Zina

(D) None of the above

83. Muslim Jurisprudence is known as—

(A) Fiqh

(B) Qiyas

(D) None of the above

84. Widow’s right of retention for non-payment of her dower is her—

(A) Personal right

(B) Religious right

(D) Right given under dissolu-tion of Muslim Marriage Act, 1939

85. Which is not a place of public worship ?

(A) Mosque

(B) Imambara

(D) None of the above

86. Which one of the following gifts is not void under Muslim Law ?

(A) A gift by a pardanashin lady

(B) A gift to an unborn person

(D) All of the above

87. The provisions of the dissolution of Muslim Marriage Act, 1939 give right of Judicial divorce to—

(A) Husband only

(B) Wife only

(D) None of the above

88. Which of the following is not a primary source of Muslim Law ?

(A) Quran

(B) Urf or Taamul

(D) Qiyas

89. ‘Dower’ is—

(A) A mark of respect to the wife

(B) Aconsiderationtothemarri-age

(D) All of the above

90. According to Shia law to execute the marriage presence of witness is—

(A) Not necessary

(B) Necessary

(D) Required two male wit-nesses

91. An acknowledgment with regard to children can be for—

(A) Son

(B) Daughter

(D) Both son and daughter

92. Underwhichoneofthefollowing sections of the Hindu Marriage Act, 1955 ‘sapinda relationship’ has been defined ?

(A) Section 3 (B) Section 5

93. A petition for divorce with mutual consent under Hindu Marriage Act, 1955 can be filed after—

(A) 3 years (B) 2 years

94. Who amongst the following defined Hindu Law as ‘Hindu Law is law of Smritis’ ?

(A) Derret

(B) Salmond

(D) K. P. Rangaswami

95. In which of the following cases it was held that matrimonial rights are not violative of Art. 14 and Art. 21 of the Constitution ?

(A) T. SarithaVs. B. Subiya

(B) Harjinder Vs. Harvinder

(D) Swaraj Vs. K. M. Garg

96. Under which one of the follow-ing sections of the Hindu Adop-tion and Maintenance Act, 1956 a Hindu woman is empowered to adopt ?

(A) Section 3 (B) Section 6

97. Can a Hindu marry second time on the basis of written consent of his first wife ?

(A) Yes

(B) No

(D) Yes, if wife does not give birth to any child in last 10 years

98. Under which one of the follow-ing provisions of the Hindu Succession Act, 1956, a Hindu has a right to alienate his interest in Mitakshara coparcenary by will ?

(A) Section 6

(B) Section 30

(D) None of the above

99. Where a Hindu male dies intestate leaving behind an ascendant agnate, a descendant agnate and a collateral agnate, their order of succession on pre-ference basis shall be—

(A) Descendant, Collateral, Ascendant

(B) Descendant,Ascendant,Collateral

(D) Ascendant, Collateral, Descendant

100. The case of Hanuman Prasad Vs. Mst. Baboee is related to—

(A) Adoption

(B) Marriage

(D) Maintenance

101. Which one of the following sections of the Hindu Marriage Act provides Restitution of Conjugal Rights ?

(A) Section 9 (B) Section 10

102. The separate property of a Hindu male dying intestate is succeeded by—

(A) Father (B) Mother

103. Karta of Joint Hindu family is—

(A) Father

(B) Mother

(D) Grandmother’s mother (great grand mother)

104. A ‘Joint Hindu family’ does not include—

(A) Married son

(B) Married daughter

(D) Adopted daughter

105. A Hindu may be—

(A) Buddhist

(B) Jaini

(D) All the above

106. If a Hindu male of 30 years of age adopts a female child of 15 years of age, this adoption is—

(A) Valid (B) Void

107. The constitutional validity of Section 9 of the Hindu Marriage Act, 1955 was tested in—

(A) Saroj RaniVs. Sudarshan AIR 1984 S.C.

(B) Shukuntla Bai Vs. Kulkarni AIR 1989 S.C.

(D) Nanda Vs. Bina Nanda AIR 1988 S.C.

108. Which one of the following sec-tions of Hindu Succession Act, 1956 makes provisions for ‘notional partition’ ?

(A) Section 14 (B) Section10

109. Sapinda relationship extends to—

(A) Fourth generation through mother

(B) Three generation through mother

(D) None of the above

110. A groom of 25 years marries a bride of 15 years of age under Hindu Law, the marriage is—

(A) Illegal

(B) Void

(D) Valid but punishable

111. In which of the following cases it was first time held that “Hindu is by birth and can also be made” ?

(A) Morarjee Vs. Administrator General of Chennai

(B) Ibrahim Vs. Ibrahim

(D) Parvati Vs. Jagdish

112. Who among the following is eligible to adopt a son under Hindu Law ?

(A) Who has no son surviving

(B) Who has one natural born son living

(D) Whose son has separated from him after partition

113. A Hindu girl wishes to marry her mother’s sister’s adopted Hindu son who happens to be her childhood friend since the preadoption days. Such a marriage under Hindu Law will be—

(A) Valid

(B) Void

(D) None of the above

114. Under Hindu Law an unmarried woman adopts a child, later on she marries a man. This man shall be deemed to be the—

(A) Natural father of her child

(B) Adopted father of her child

(D) None of the above

115. A Hindu who has adopted a son is subsequently blessed with natural born twins, a boy and a girl. Now he wishes to give the adopted son to his friend in adoption. The Hindu—

(A) Cannot give this child into adoption

(B) Can give this child into adoption

(D) Canmovethecourtforrevocation of earlier adoption

116. The Hindu Succession (Amend-ment) Act, 2005 confers upon a Hindu woman—

(A) A right to claim partition

(B) A right to ownership as coparcener

(D) All the above

117. The burden of proof generally lies on—

(A) Prosecution

(B) Accused

(D) On both

118. Under which one of the follow-ing provisions of the Indian Evidence Act contents of electronic records may be proved ?

(A) Section 65 A

(B) Section 65 B

(D) Section 67

119. Which one of the following sections of the Indian Evidence Act defines admission ?

(A) Section 16 (B) Section 17

120. A person shall be deemed to be dead if he remained unheard for—

(A) 5 years (B) 7 years

121. Under Indian Evidence Act, the evidence given by a dumb wit-ness will be regarded as—

(A) Written evidence

(B) Documentary evidence

(D) All the above

122. Under which one of the follow-ing sections of the Indian Evidence Act previous good character is relevant in criminal cases ?

(A) Section 18 (B) Section 26

123. Which one of the following sec-tions of the Indian Evidence Act provides the provision regarding ‘plea of Alibi’ ?

(A) Section 7 (B) Section 6

124. ‘Leading questions’ has been defined in Indian Evidence Act under—

(A) Section 41

(B) Section 121

(D) Section 144

125. Public documents under Indian Evidence Act have been stated under—

(A) Section 72 (B) Section 74

126. Section 90 of the Indian Evidence Act applies to—

(A) Testamentary documents

(B) Non-testamentary docu-ments

(D) None of the above

127. Section 112 of the Indian Evi-dence Act applies when there is a dispute regarding—

(A) Maternity of Child

(B) Paternity of Child

(D) Either (A) or (B)

128. In Evidence Act, leading questions can be asked during—

(A) Cross examination

(B) Examination in Chief

(D) All the above

129. A voluntary confession is admissible in evidence—

(A) When made to a police officer

(B) When made to Magistrate of competent jurisdiction

(D) When made to a police officer who kept him in his custody

130. Maxim ‘omnia’ praesumuntur rite esse aeta’ means—

(A) All facts are presumed to be rightly done

(B) All facts are presumed to be not rightly done

(D) All acts are presumed to be not wrongly done

131. Contents of a documents under sec. 59 of the Indian Evidence Act, 1872—

(A) Can be proved by oral evidence

(B) Cannot be proved by oral evidence

(D) Can only be proved by oral evidence under the orders of the court

132. In Evidence Act the facts of which judicial notice is to be taken are stated in ?

(A) Section 55 (B) Section 56

133. The presumption of continuance of life is contained in—

(A) Section 106 of the Evidence Act

(B) Section 107 of the Evidence Act

(D) Section 109 of the Evidence Act

134. Point out the correct statement—

(A) The doctrine of estoppel is applied in civil and criminal matters

(B) The doctrine of estoppel is applied in criminal matters

(D) All the above statements are incorrect

135. Under section 122 of the Evidence Act, 1872 privilege is avail-able to—

(A) Professionals

(B) Magistrates

(D) Judges

136. Under Indian Evidence Act a copy compared with a copy of a letter made by a copying machine is—

(A) Primary evidence

(B) Oral evidence

(D) Any of the above

137. Which one of the following sections of the Indian Evidence Act provides exception to the rule ‘hearsay evidence is not admissible’ ?

(A) Section 29 (B) Section 30

138. The Indian Evidence Act, 1872 applies to—

(A) Administrative tribunal’s proceedings

(B) Arbitrator’s proceedings

(D) None of the above

139. Under Indian Evidence Act the dying declaration is not admissible if—

(A) It relates to cause of action

(B) It relates to any transaction of death

(D) None of the above

140. Underwhichoneofthefollowing sections of the Indian Evidence Act, the doctrine of ‘Res gestae’ has been dealt with ?

(A) Section 5

(B) Section 6

(D) None of the above

141. Under which one of the follow-ing sections of the Evidence Act the previous conviction of a person is relevant ?

(A) Explanation I to Section 14

(B) Explanation II to Section 14

(D) Explanation IV to Section 14

142. Provisions relating to set off and counter claims under Civil Procedure Code, 1908 are contained in—

(A) Order VI (B) Order VII

143. All orders and notices served on or given to any person under the provisions of Civil Procedure Code shall be in writing has been provided under—

(A) Section 141

(B) Section 142

(D) Section 144

144. Which one of the following sectionsoftheCivil Procedure Code, 1908 deals with the essence of this code that Objections as to local or pecuniary jurisdiction shall be raised at the first opportunity ?

(A) Section 21 (B) Section 22

145. Under which one of the follow-ing provisions of C.P.C. the principle of constructive resjudicata has been explained ?

(A) Section 11 Explanation I

(B) Section 11 Explanation III

(D) Section 11 Explanation VII

146. Point out the correct answer—

Under Civil Procedure Codewhere any party dies afer con-clusion and before pronounce-ment of judgement—

(A) The suit shall be abated

(B) The suit shall not be abated

(D) Itwillbe deemed that judge-ment has been pronounced after death of the party

147. Under C.P.C. where a person who is a necessary party to a suit has not been joined as a party, it is a case of—

(A) Misjoinder

(B) Non-joinder

(D) None of the above

148. Under C.P.C. when the service of summons to the defendant is not made to him due to his absence within reasonable time, sum-mons can be served to the—

(A) Servant of the defendant

(B) Adult son of the defendant

(D) Munim of the defendant

149. Under section 96 of the C.P.C. an appeal can lie against the—

(A) Preliminary decree

(B) Original decree

(D) None of the above

150. Under which one of the follow-ing ‘rejection of plant’ has been mentioned in C.P.C. ?

(A) Order VII Rule 11

(B) Order VI Rule 13

(D) Order VIII Rule 4

151. Which one of the following provisions of C.P.C. related to ‘Affidavits’ ?

(A) Order 17 (B) Order 19

152. Under which one of the follow-ing provisions of C.P.C., the Collector may be appointed as a ‘Receiver’ ?

(A) Order 40 Rule 1

(B) Order 40 Rule 2

(D) Order 40 Rule 5

153. Provisions of sec. 80 of the Civil Procedure Code are—

(A) Mandatory

(B) Directory

(D) None of the above

154. How much time is required for serving a notice under sec. 80 of the Civil Procedure Code ?

(A) Three months

(B) Two months

(D) Four months

155. Under Criminal Procedure Code, 1973 which one of the following courts can try a murder case—

(A) Magistrate Ist class

(B) Chief Justicial Magistrate

(D) Any of the above court

156. Under Cr. P.C. no court shall take cognizance of an offence punishable with fine only, after expiry of period of—

(A) Two months

(B) Three months

(D) Six months

157. Under Cr. P.C. provisions relat-ing to prosecution of public servant is given under—

(A) Section 196

(B) Section 197

(D) Section 200

158. What is the time limit under sec. 468 of the Cr. P.C. for taking cognizance in a case of defama-tion ?

(A) Six months

(B) One year

(D) No limit

159. How much punishment may be provided to an accused who is found guilty under a summary trial under Cr. P.C. ?

(A) Not exceeding two years

(B) Not exceeding one year

(D) Not exceeding three months

160. Under which one of the follow-ing sections of Cr. P.C., police can arrest an accused without warrant ?

(A) Section 37 (B) Section 40

161. Under Cr. P.C. there shall be no appeal by a convicted person where a Magistrate of 1st class imposes only sentence of fine not exceeding—

(A) One hundred rupees

(B) Two hundred rupees

(D) Five hundred rupees

162. A refusal to answer questions put to a witness under sec. 161 of the Cr. P.C. is an offence under—

(A) Section 176 of I.P.C.

(B) Section 179 of I.P.C.

(D) None of the above

163. According to the Cr. P.C. every information relating to the com-mission of a cognizable offence shall be signed by—

(A) The person giving it

(B) The officer incharge of a police station

(D) The concerned magistrate

164. Who may record confessional statement under section 164 of the Cr. P.C. ?

(A) Police Officer

(B) Executive Magistrate

(D) Any judicial Magistrate

165. Under which one of the follow-ing sections of Cr. P.C. it is mandatory for the officer to produce the person arrested before a Magistrae within 24 hours of the arrest ?

(A) Section 57 (B) Section 68

166. UnderCr. P.C. an accused person can be remanded to police cus-tody for not more than—

(A) 7 days at one time

(B) 15 days at one time

(D) 30 days at one time

167. Which one of the following is not an actionable claim under the Transfer of Property Act, 1882 ?

(A) A share in Partnership

(B) A claim for return of earnest money

(D) A copyright

168. Who is not competent to transfer his property under Transfer of Property Act, 1882 ?

(A) Blind (B) Lamb

169. Which one of the following sections of Transfer of Property Act, 1882 deals with “Rule Against Perpetuity” ?

(A) Section 13 (B) Section 14

170. Which one of the following sections of the Transfer of Pro-perty Act defines charge ?

(A) Section 100

(B) Section 95

(D) Section 92

171. Section 53 A of the Transfer of Property deals with—

(A) Doctrine of frustration

(B) Doctrine of lis pendence

(D) Doctrine of part performance

172. Which one of the following sec-tions of the Transfer of Property Act defines ‘universal donee’ ?

(A) Section 122

(B) Section 123

(D) Section 129

173. Which one of the following is not transfer by an act of parties under Transfer of Property Act ?

(A) Succession

(B) Sale

(D) Gift

174. Point out the correct answer.

Under Transfer of Property Act, 1882

(A) The salary of a public officer can be transferred

(B) The salary of a public officer cannot be transferred

(D) None of the above

175. The term ‘sale’ is the Transfer of Property Act, 1882 has been defined under—

(A) Section 53 (B) Section 54

176. Which one of the following provisions of Transfer of Pro-perty Act, 1882 provides the statutory duties of a mortgagee in possession ?

(A) Section 76 (B) Section 77

177. The provisions of Section 106 of the Transfer of Property Act, 1882 were substituted by the Transfer of Property (Amend-ment) Act, 2002 and this provision came into force with effect from—

(A) December 31, 2002

(B) July 1, 2002

(D) November 2, 2002

178. Condition restraining alienation of property is given under—

(A) Section 9 of the Transfer of Property Act

(B) Section 10 of the Transfer of Property Act

(D) Section 12 of the Transfer of Property Act

179. Point out the correct answer—

‘A’ sells his agricultural land to ‘B’ with a condition that B can cultivate only wheat but cannot grow the crops of paddy—

(A) The transfer is void

(B) The transfer is valid

(D) Both (B) and (C) above

180. ‘Lease’ under section 105 of the Transfer of Property Act, 1882 relates to—

(A) A lease of immovable pro-perty

(B) A lease of movable property

(D) Does not relate to any special property

181. Which one of the following sec-tions of the Transfer of Property is concerned with the doctrine of ‘marshalling’ ?

(A) Section 55

(B) Section 56

(D) None of the above

182. Which of the following is not a movable property within the Transfer of Property Act, 1882 ?

(A) Standing timber

(B) Fruit bearing trees

(D) Growing crops

183. Doctrine of subrogation applies to—

(A) Sale (B) Mortgage

184. Onerous gift under Transfer of Property Act, 1882 has been defined under—

(A) Section 129

(B) Section 128

(D) Section 126

185. In case of a gift, if donee dies before acceptance of the gift, the gift is—

(A) Valid

(B) Void

(D) Court is to decide

186. The doctrine ‘nemo dat quod non habet’ under the Transfer of Property Act is applied to—

(A) Section 41, Section 42, Sec-tion 43 and Section 44

(B) Section 53 and 54

(D) None of the above

187. Which of the following is not an actionable claim under the Tran-sfer of Property Act, 1882 ?

(A) Right to claim money pay-able under Life Insurance Act

(B) Right to claim decreetal sum

(D) Right to claim arrears of maintenance

188. The doctrine of ‘part performance’ under the Transfer of Property Act, 1882 does not apply to—

(A) Oral contracts

(B) Standing timber

(D) All the above

189. Which one of the following tran-sfers can be made orally ?

(A) Lease from year to year

(B) Surrender of lease

(D) Simple mortgage

190. When does an unborn person acquire vested interest on tran-sfer under the Transfer of Pro-perty Act, 1882 ?

(A) On attaining majority

(B) On attaining 21 years of age

(D) As soon as he is born

191. A lease of immovable property from month to month is terminable, on the part of lessor or lessee by—

(A) One month notice

(B) Three months notice

(D) Forty five days notice

192. Which one of the following is not-essential for commission of an offence ?

(A) Intention

(B) Motive

(D) Punishment

193. ‘Wrongful gain’ and ‘wrongful loss’ have been defined under Indian Penal Code, 1860 in—

(A) Section 22 (B) Section 23

194. In which one of the following cases the Supreme Court of India has held that wife cannot be charged for harbouring her husband ?

(A) State Vs.Ratan Singh

(B) State of Tamil Nadu Vs. Nalini

(D) Sardara Singh Vs. State

195. Which provisions of the Indian Penal Code, 1860 deal with the ‘Solitary confinement’ and ‘limits on solitary confinement’ ?

(A) Section 68 and Section 69

(B) Section 59 and Section 60

(D) Section 71 and Section 72

196. Which one of the following sec-tions of the Indian Penal Code, 1860 provides that ‘Nothing is an offence which is done by a judge while acting judicially’ ?

(A) Section 75 (B) Section 76

197. Which one of the following pro-vision of the Indian Penal Code, 1860 is based on Macnaughten’s Rule ?

(A) Section 83 (B) Section 84

198. Which one of the following sec-tions of the Indian Penal Code, 1860 provides that right of private defence of body extends of causing harm short of death ?

(A) Section 99

(B) Section 100

(D) Section 101

199. In which one of the following cases difference between com-mon intention and similar intention was discussed by the Privy Council ?

(A) Mahboob ShahVs. King Emperor

(B) Barendra Kumar Ghose Vs. Emperor

(D) In all the above

200. In which of the following cases husband and wife both were held guilty of criminal conspiracy ?

(A) Tej Khan Vs. State of M.P.

(B) Kuldeep Singh Vs. State of Rajasthan

(D) Pradumma Vs. State

iqra

Friday, 11 October 2013

Uttarakhand PCS Civil judge (Pre.) exam 2008

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