Solved Paper | UPHJS Pre 2009 | Uttar Pradesh Higher Judicial Service (Preliminary) Exam- 2009

Thursday, March 27, 2014

Uttar Pradesh Higher Judicial Service (Preliminary) Examination- 2009

Question Number: 21-30


21. Section 16 of the Hindu Marriage Act, 1955 confers legitimacy on the children of-
(A) a void marriage
(B) a voidable marriage
(C) a valid marriage
(D) both void and voidable marriages

Ans: (D)

22. A Talaq can be effected-
(A) orally by spoken words
(B) in writing
(C) only (A) and not (B)
(D) either (A) or (B)

Ans: (D)

23. For a valid Muslim marriage-
(A) offer and acceptance must be at the same time
(B) offer and acceptance must be at the same place
(C) offer and acceptance must be at the same time and place
(D) offer and acceptance may be at different times and at different place

Ans: (C)

24. A Muslim can divorce his wife-
(A) whenever he so desires without assigning any cause
(B) whenever he so desires but only with a cause
(C) whenever he so desires without assigning any cause but only in the presence of the wife
(D) either (B) or (C)

Ans: (A)

25. During operation of proclamation of emergency under Article 352 of the Constitution of India, the enforcement of Fundamental Rights can be suspended except Fundamental Rights guaranteed under Articles-
(A) 14 & 19
(B) 15 & 21A
(C) 20 & 21
(D) None of the above

Ans: (C)

26. In execution of a decree a movable property is aution sold by the executing court. The auction purchaser deposits the entire auction price then and there even before expiry of 30 days and takes the delivery of the auctioned property. An objection complaining that the auction was conducted with material irregularity is filed within 30 days from the date of auction. State which one of the following is legally correct?
(A) Objection is maintainable as it has been filed within 30 days of the auction
(B) Auction sale is vitiated as the auction property has been delivered without waiting for its confirmation within 30 days of auction
(C) No confirmation of sale is required in the present case
(D) None of the above is correct

Ans: (C)

27. In a miscellaneous appeal arising out of a pending suit defendant appealant dies and an application for substitution is filed and allowed. Appeal is decided three years thereafter. Subsequently, when the suit is taken up, an objection that the suit has abated as no application to substitute the heirs of the deceased was filed therein within the prescribed period, is raised from the side of the defendant. Suggest the stand legally open to such plaintiff?
(A) Plaintiff may apply for substitution with an application for condonation of delay
(B) Information of death of defendant was not given to the trial court, therefore, shelter of Order 22 Rule 10 CPC may be invoked
(C) Record of the trial court was in appeal and thus, the plaintiff was prevented by sufficient cause in not filing the substitution application earlier
(D) The substitution allowed in miscellaneous appeal would ensure in the suit also and application for substitution is not required as the heirs are on the record

Ans: (D)

28. Whether the following proposition is legally correct or not?
“The principle so far as it relates to the amendment of plaint is equally applicable to the amendment of written statement. By way of amendment in plaint a time barred plea cannot be allowed to be raised so also in the case of written statement.”
(A) Correct
(B) Incorrect
(C) Partially correct
(D) None of the above is applicable

Ans: (A)

29. In which of the following case, the plaint will be ordered to be returned for presentation to the proper court:
(A) The plaintiff frames his suit in a manner not warranted by the facts and goes for his relief to a court which cannot grant him
(B) The plaintiff chooses a wrong court in respect of territorial limits
(C) The plaintiff chooses a wrong court in respect of pecuniary limits
(D) Both (B) and (C)

Ans: (D)

30. Which of the following is a leading case on the exclution of the jurisdiction of civil courts?
(A) Dhulabhai V. State of M.P.
(B) Gundaji V. Ramchandra
(C) Noor Mohd. Khan V. Fakirappa
(D) All of the above

Ans: (D)



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