Question Paper | Uttarakhand HJS Pre 2009 | Uttarakhand Higher Judicial Service (Preliminary) Exam- 2009

Friday, September 12, 2014

Uttarakhand Higher Judicial service (Preliminary) Examination- 2009

Question Number: 01-10

1. Whoever by words attempts to excite disaffection towards government established by law, commits the offence of-
(A) contempt of the government
(B) criminal conspiracy against the State
(C) abetting waging of war
(D) sedition

2. The general remedy in law of tort is-
(A) action for damages
(B) action for injunction
(C) specific restitution of property
(D) action for unliquidated damages

3. 'X' and 'Y' agree to commit theft in 'Z's house but no theft is actually committed. They are guilty of-
(A) no offence
(B) criminal conspiracy
(C) abetment by conspiracy
(D) abetment by instigation

4. Which of the following requirements form an essential element of the defence of fair comment in the tort of defamation?
I. The matter commented on must be of public interest.
II. It must be an assertion of fact.
III. It must be an expression of opinion.
IV. The comment must be fair.
V. The comment must not be intentional.
VI. The comment must not be malicious.

Select the correct answer using the codes given below-
Codes:
(A) I, II, IV and V
(B) I, III, IV and VI
(C) II, III, IV and V
(D) II, III, V and VI

5. 'A' bad consensual sexual relations with 'Z's wife. She gives to a valuable property which 'A' knows to belong to her husband, and she has no authority from 'Z' to give. 'A' takes the property dishonestly. Which one of the following offences has been committed by 'A'?
(A) criminal breach of trust and criminal misappropriation
(B) theft and criminal breach of trust
(C) theft
(D) criminal breach of trust

Directions. Q. 6 to 14: These questions consist of two statements, one labelled the Assertion (A) and the other labelled the Reason (R). You are to examine these two statements carefully and decide if the Assertion (A) and the Reason (R) are individually true and if so, whether the Reason is a correct explanation of the Assertion. Select your answers to these items using the codes given below and mark your answer- sheet accordingly.

Codes:
(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 a correct explanation of A.
(C) A is true, but R is false.
(D) A is false, but R is true.

6. Assertion (A) : The President of india can issue a proclamation of emergency under Article 352(1) on the advice of the Prime Minister.
Reason (R) : Where a proclamation of emergency is in operation, the President may suspend the operation of all the fundamental rights except Articles 20 and 21.

7. Assertion (A) : Article 301 of the Constitution declares trade, commerce and intercourse throughout the territory of India free.
Reason (R) : The State can impose taxes which do not directly affect the freedom of trade.

8. Assertion (A) : The Security Council which functions continuously and adopts its own rules of procedure has its seat at New York.
Reason (R) : To suit the convenience, the Security Council meets at many places.

9. Assertion (A) : Inhuman body, liver has an important role in fat digestion.
Reason (R) : Liver produces two important fat- digestion enzymes.

10. Assertion (A) : Radio waves bend in a magnetic field.
Reason (R) : Radio waves are electro- magnetic in nature.

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