Wednesday, July 16, 2014

Question Paper | Uttarakhand Judicial Service Civil Judge (Junior Division) Preliminary Exam- 2013

Uttarakhand Judicial Service Civil Judge (Junior Division) Preliminary Examination- 2013

GENERAL KNOWLEDGE & LAW

Part – II
LAW

Question Number: 161-170

161. ‘Not proved’ means
(a) It is not proved.
(b) It has been disproved.
(c) It is neither proved nor disproved.
(d) It is denied.

162. ‘Proof’ is the result of
(a) Inquiry
(b) Evidence
(c) Investigation
(d) Statement

163. “A fact in personal knowledge of the judge can not be taken in evidence.” In which case this had been held ?
(a) Har Prasad V/s Shiva Dayal (1876) 3IA 259
(b) Kashmira Singh V/s State of M.P. 1952 ACR 536
(c) Virendra Kumar Ghosh V/s Emperor ILR (1910) 37 Cal, 474
(d) Pushpa Devi Ramjatia V/s M.L. Wadhwa AIR 1987 SC 1748

164. ‘H’ says that ‘Y’ told him that ‘A’ killed ‘B’. This is
(a) Primary evidence
(b) Best evidence
(c) Hearsay evidence
(d) Admission

165. “An accomplice is a competent witness against an accused” is provided in which of the following Section of Indian Evidence Act ?
(a) Section 130
(b) Section 131
(c) Section 132
(d) Section 133

166. Among the following which is not a public document ?
(a) An unregistered family partition deed
(b) A registered sale deed
(c) A decision of High Court
(d) A decision of Civil Court

167. Which one of the following is not privileged communication ?
(a) Matrimonial communication
(b) Paternal communication
(c) Professional communication
(d) Official communication

168. Under which one of the following Sections of the Indian Evidence Act, a witness under examination gets the right to refresh his memory ?
(a) Section 158
(b) Section 159
(c) Section 160
(d) Section 162

169. Under which of the following Sections of the Indian Evidence Act, the judge determines as to admissibility of fact ?
(a) Section 54
(b) Section 148
(c) Section 136
(d) Section 23

170. The fact sought to be proved is called
(a) Factum probana
(b) Factum probandum
(c) Lex Fori
(d) Lex Loci

Question Paper | Uttarakhand HJS (Main) 2009 | Uttarakhand Higher Judicial Service (Main) Examination 2009

Uttarakhand Higher Judicial Services (Main) Examination, 2009

Paper No. 2
(Civil, Criminal and Constitutional Law)

1(a). "The fact that judiciary has a say in the matter of amendment of the Constitution is the most natable aspect of the doctrine of basic structure." Discuss.
1(b). Discuss briefly the fundamental rights under the Constitution of India.

2(a). Discuss and distinguish 'attempt' from 'preparation' to commit offence. To what extent are these punishable?
2(b). What is abetment? Explain when does an abettor become liable for the offence committed or even not committed.

3(a). 'A' while bleeding profusely goes to 'B' a surgeon and there loses consciousness. Thereupon 'B' immediately performs an operation upon him thinking that it will bring him back consciousness. But 'A' dies immediately after the operation. Discuss the liability of 'B'.
3(b). An accused was found in possession of some property which a person was carrying at the times of his murder. There was neither any eye-witness of the murder nor did the prosecution succeeded in establishing any other incriminating circumstances against the accused. Of what offence, if any, can the accused be convicted?
3(c). A sees B commit what appears to A to be a murder. A, in the exercise, to the best of his judgment, exerted in good faith, of the power which the law given to all persons apprehending murderers in the act, seizes B, in order to bring B before the proper authorities. Subsequently B was found acting in self defence. Whether A can be held guilty for any offence?

4. Write short notes on the following:
(a) Dowery death
(b) Punishment
(c) Mensrea
(d) Possession of forged or counterfeit notes
(e) Public Servant
(f) Defamation

5(a). Which marriages are void and which marriages are voidable according to Hindu marriage Act, 1955. Give illustration.
5(b). Can divorce be obtained by mutual consent under the Hindu Marriage Act? If so, on what grounds and under what provision of law.
5(c). Discuss Hiba under Mohamden Law.

6(a). Explain in detail doctrine of frustration.
6(b). What are the legal consequences of non-registration of an instrument under Indian Registration Act?

7(a). Who can file complaint under the Consumer Protection Act, 1986 and what are the various forums under the said act?
7(b). What is the differences between Gaon Sabha and Land Management Committee.

8. Explain the differences between:
(a) lease and licence
(b) appeal and revision
(c) Explain in brief the ingredients for granting injunction.