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

Friday, September 26, 2014

Uttarakhand Higher Judicial service (Preliminary) Examination- 2009

Question Number: 71-80

71. What of the following conditions must be fulfilled in order to pass the test of permissible classification under Art. 14?
(A) The classification must be founded on an intelligible differentia which distinguishes persons or things that are grouped together from others left out of the group
(B) The differentia must have a rational relation to the object sought to be achieved by the State in question
(C) Both (A) and (B)
(D) None of the above

72. Which of the following Article deals with 'Right to Freedom'?
(A) Art. 19
(B) Art. 20
(C) Art. 21, 22
(D) All of the above

73. Art. 16(1) lays down there shall be equal opportunity for citizens in matters relating to 'employment' or 'appointment to any office' under the State. The guarantee in clause (1) will cover-
(A) initial appointments only
(B) termination of employment
(C) matters relating to salary, periodical increments, leave gratuity, pension, age of superannuation etc.
(D) all of the above

74. In which case the Supreme Court held that a law depriving a person of 'personal liberty' has not only to stand the test of Art. 21 but it must stand the test of Art. 19 and Art. 14 of the Constitution?
(A) A.K. Gopalan Vs. Union Government
(B) Maneka Gandhi Vs. Union Govt.
(C) Both (A) and (B)
(D) None of these

75. Which of the following is not an essential for the application of double jeopardy rule?
(A) the person must be accused of an offence
(B) the proceeding or the prosecution must have taken place before a Court or judicial tribunal
(C) the person must have been prosecuted or punished in the previous proceeding and the offence must be the same for which he was prosecuted or punished in the previous proceeding
(D) all the above are essential for the application of double jeopardy rule

76. Art. 33 empowers the Parliament to restrict or abrogate by law Fundamental Rights in the application to-
(A) the members of the armed forces
(B) the forces charged with the maintenance of public order
(C) the persons employed in any bureau or other organisation established by the State for purposes of intelligence and persons employed in connection with the tele- communication system set up for purposes of any force, bureau or organisation referred in Art. 33
(D) all of the above

77. The provisions of the Constitution can be amended by-
(A) simple majority
(B) special majority
(C) special majority and ratification by resolution passed by not less than one-half of the State Legislatures
(D) All of the above

78. In which case the Supreme Court has held that the fundamental right may be amended but the basic structure or framework of the Constitution cannot be amended?
(A) Sankari Pd. Vs. Union Govt. case
(B) Golakhnath Vs. State of Punjab case
(C) Keshvanand Bharti Vs. State of Kerala case
 
79. If the property is lent for a fixed time or delivered as security for the repayment of a debt-
(A) the person who lends the property or delivered as security is in mediate possession of it
(B) the person who lends the property or delivered as security is in immediate possession of it
(C) Both (A) and (B)
(D) None of these

80. "Where an innkeeper seizes the goods of his guest, who has failed to pay his bill, there is an acquisition of possession against the will of previous possessor, but it is a rightful taking of possession.... where a thief steals a watch, this is still an acquisition of possession against the will of the true owner, but it is wrongful i.e. not in pursuance of legal right."
This statement was given by-
(A) Salmond
(B) Savigny
(C) Keeten
(D) Friemann

 

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