Wednesday, January 15, 2014

Question Paper | HCS (J.B.) Pre 2010 | HCS (Judicial Branch) (Preliminary) Examination- 2010

HCS (Judicial Branch) (Preliminary) Examination- 2010

Question Number: 21-30

21. A confessional statement recorded in accordance with the special procedure under section164 of CLP.C.
(a) can be used as a substantive evidence without being formally proved
(b) cannot be used as a substantive evidence at all
(c) cannot be used as a substantive evidence without being formally proved
(d) either (b) or (c)

22. A proclamation under Section 82 CLP.C. can be issued against a person against whom a warrant has been issued. Thus a proclamation can be issued against
(a) accused offender
(b) a surety
(c) a witness
(d) all the above

23. A Public Prosecutor for the High Court is appointed under Section 24 of the Code of Criminal Procedure, 1973 by the
(a) Central Government without consultation with the High Court
(b) State Government without consultation with the High Court
(c) State Government after consultation with the Central Government
(d) State Government or Central Government after consultation with the High Court

24. Cognizable offence has been defined
(a) under Section 2(a)
(b) under Section 2(c)
(c) under Section 2(i)
(d) under Section 2(k)

25. Compounding of offence under Section 320 of Cr.P.c. results in
(a) acquittal of the accused under all circumstances
(b) acquittal of the accused only where the charge has already been framed
(c) discharge of the accused where the charge has not yet been framed
(d) either (b) or (c)

26. FIR can be filed under which Section of Cr.P.C.
(a) Section 151
(b) Section 154
(c) Section 155
(d) Section 54

27. FIR is not a substantive evidence, it can be used during trial (
(a) to corroborate the informant
(b) to contradict the informant
(c) both (a) & (b)
(d) neither (a) nor (b)

28. Hearing on sentence by a Magistrate is required, on conviction
(a) in a summons trial case under Section 255(2) of Cr.P.C.
(b) in a warrant trial case under Section 248(2) of Cr.P.C.
(c) both (a) & (b)
(d) neither (a) nor (b)

29. Power under Section 311 of Cr.P.C. can be exercised by the Court
(a) to recall any witness(es) already examined
(b) to summon any witness who has been cited as a witness but not produced or examined before the evidence is closed
(c) to summon any witness who has not been cited as witness
(d) all the above

30. A communication made to the spouse during marriage, under Section 122 of Evidence Act
(a) remains privileged communication after the dissolution of marriage by divorce or death
(b) does not remain privileged after the dissolution of marriage by divorce or death
(c) does not remain privileg~d after the dissolution of marriage by divorce, but remains privileged even after death
(d) remains privileged after the dissolution of marriage by divorce but not so on after death

Question Paper | UPHJS Pre 2009 | Uttar Pradesh Higher Judicial Service (Preliminary) Examination- 2009

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

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)

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

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)

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

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

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

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

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)

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