Thursday, April 10, 2014

Question Paper | RJS Pre 2011 | Rajasthan Judicial Service Competitive (Preliminary) Examination 2011

Rajasthan Judicial Services Civil Judge (Junior Division) Competitive (Preliminary) Examination- 2011
Question Number: 41-50

41. "Neighbour principle was propounded by Lord Atkin in
(1) Donoghue v. Stevenson
(2) Polemis case
(3) Derry v. Peek
(4) Rylands v. Fletcher

42. 'The rule of last opportunity' was laid down in
(1) Thomas v. Quartermaine
(2) Davies v. Mann
(3) Smith v. Baker
(4) Fardon v. Harcourt Rivington

43. Which one of the following is defamatory ?
(1) Publishing a false report in a newspaper for which the editor tendered an apology
(2) Publishing a report of parliamentary proceedings showing the misconduct of a member present there
(3) Publishing a report of judicial proceeding showing statement made by a witness
(4) Publishing a false report in newspaper that a minister was involved in a kidnapping case

44. Joint tort-feasors may be held liable
(1) jointly and severally for the whole damage
(2) for damage caused by a person employed by any of them X
(3) for damage caused independently of their plan
(4) for damage caused by stranger

45. As a result of a collision between two buses a passenger in one of the buses died. The accident occurred due to negligence of the drivers of both the buses'. In a suit by the legal representative of the deceased against owners, of both the buses, which one of the following statments is legally sustainable?
(1) Each owner of the buses is liable. for the whole damage
(2) The owners of the buses are not joi,nt tort-feasors
(3) Neither of the owners of the buses is liable as the defence of.act of God applies
(4) Each owner of the buses was .liable for one-half of the damage.

46. Which one of the following did not emerge from the case of Donoghue v. Stevenson?
(1) A manufacturer of products will be liable if he fails to take reasonable care to ensure that his products are reasonably safe
(2) In order to successfully claim for negligence, the plaintiff does not need to have a contract with the defendant
(3) Manufacturers have to pay damages to consumers whenever damage is caused by their products
(4) The neighbour principle can be used to establish the existence of a duty of care in negligence

47. Who cannot file an application for compensation under section 166 of the Motor Vehicles Act, 1988 ?
(1) The injured person
(2) The owner of property
(3) The legal representative of the deceased
(4) A public interested person

48. If within todays the parties fail to appoint their arbitrators, or the arbitrators fail to appoint the third arbitrator, the arbitrator shall be appointed by the
(1) National Arbitration Council, New Delhi
(2) District Judge of the Local Court
(3) State Legal Services Authority of the State Concerned
(4) Chief Justice or a person / institution designated by him

49. If any party to a proceeding before a revenuecourt does not appear on the date fixed for hearing, the revenue court may
(1) hear the proceeding
(2) determine the case in his absence
(3) dismiss the case in default
(4) refer the dispute to arbitration

50. Specific performance of contract is allowed where
(1) the plaintiff is net entitled to recover compensation
(2) the defendant is incompetent to perform the contract
(3) compensation is not the adequate relief
(4) the defendant has died


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

Uttar Pradesh Higher Judicial Service (Preliminary) Examination- 2009

Question Number: 91-100

91. For summoning an accused under Section 319 Cr.P.C.-
(A) statement under 161 Cr.P.C. is relevant
(B) statement on oath in the trial is relevant
(C) both the above statements are relevant
(D) None of the above

Ans: (B)

92. Ordinarily place of trial is-
(A) where the offence has been committed
(B) where the victim resides
(C) where the accused resides
(D) where the FIR is lodged

Ans: (A)

93. Statement under Section 161 of Cr.P.C. can be used to-
(A) corroborate the statement in court
(B) corroborate and contradict statement in court
(C) contradict the statement in court
(D) can not be utilized for any purpose

Ans: (C)

94. Before being summoned, the accused has got a right to-
(A) participate in the proceeding
(B) no right to participate in the proceeding
(C) has no right at all
(D) can watch the proceedings but can not participate

Ans: (A)
95. Inquiry is conducted by a Magistrate with a view to-
(A) find out a prima-facie case
(B) convict the accused
(C) authorize remand of the accused
(D) release the accused under Section 436

Ans: (A)

96. Warrant case means a case-
(A) in which a police officer can not arrest without warrant
(B) in which the court, in the first instance, shall issue a warrant of arrest against the accused
(C) relating to an offence punishable with imprisonment for a term not exceeding two years
(D) relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years

Ans: (D)

97. When can a trial court release an accused on bail under Section 389(3) of Cr.P.C. after conviction?
(A) Where accused is on bail and imprisonment is not exceeding 3 years
(B) Where accused is on bail and imprisonment is not exceeding 5 years
(C) Where accused is on bail and imprisonment is not exceeding 7 years
(D) Where offence is exclusively bailable whether accused is on bail or not

Ans: (A)
98. Time prescribed for filing which of the followings cannot be extended or condoned by applying provisions of Section 5 of the Limitation Act?
(A) Revision under Section 115 C.P.C.
(B) Application for execution under Order XXI C.P.C.
(C) Appeal under Section 96, 100 and 104 C.P.C.
(D) Application for substitution under Order XXII C.P.C.

Ans: (B)
99. Time for instituting a suit can be enlarged by invoking which of the following provisions?
(A) Section 151 C.P.C.
(B) Section 5 of the Limitation Act, 1963
(C) Section 148 C.P.C.
(D) None of the above

Ans: (D)

100. An application for execution of a decree is filed with some delay i.e. beyond prescribed period of limitation-
(A) delay can be condoned by invoking Section 5 of the Limitation Act
(B) delay can be condoned under Section 148 C.P.C.
(C) delay can be condoned under the inherent powers of the court under Section 151 C.P.C.
(D) None of the above

Ans: (D)


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