Thursday, July 17, 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: 171-180

171. The affidavit given to the Court is
(a) not an evidence
(b) an evidence
(c) merely a written statement
(d) a proof

172. Which one of the following sections of the Transfer of Property Act provides that ‘mereright to sue’ can not be transferred ?
(a) Section 5
(b) Section 6
(c) Section 7
(d) None of the above

173. Which of the following are actionable claims ?
(i) A share in partnership
(ii) A decree
(iii) Claim for arrears of rent
(iv) Right to get damages for breach of contract
(a) Only (i)
(b) Only (ii)
(c) Only (iv)
(d) Only (i) and (iii)

174. The test to decide whether something attached to the earth has to be regarded as immovable or not, depends on any one of the following ?
(a) The degree or mode of annexation
(b) Place of annexation
(c) The object of annexation
(d) Both (a) and (c)

175. A transfers property to B in trust for C and directs B to give possession of the property to C when he attains the age of 25. C’s interest in the property is
(a) Contingent
(b) Vested
(c) Neither contingent nor vested
(d) Public interest

176. If a property is transferred with the conditions that an interest created therein for the benefit of the transferee shall cease on his becoming insolvent, such a condition is void under which of the following sections of the Transfer of Property Act ?
(a) Section 10
(b) Section 11
(c) Section 12
(d) Section 13

177. A gives a field to B, reserving to himself, with B’s assent, the right to take back the field in case B and his descendants die before A. B dies without descendants in A’s life time. Can ‘A’ take back the field ?
(a) Yes
(b) No
(c) Condition is void
(d) None of the above

178. Every transfer of immovable property made with intent to defeat or delay the creditors of the transferor shall be
(a) Voidable at the option of such creditors
(b) Not void
(c) Void
(d) None of the above

179. In the light of provisions of the T.P. Act, a minor
(a) Can transfer a property
(b) Can not transfer a property
(c) Can accept transfer of property in his favour
(d) Both (b) and (c)

180. ‘Redemption is the heart of mortgage’ was observed by
(a) Lord Develin
(b) Lord Davey
(c) Lord Halsburry
(d) None of the above


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

Uttarakhand Higher Judicial Service Main) Examination 2009

Paper No.- 3

Part-A
Indian Evidence Act, 1872

1. Whether a photograph of an origional is a secondary evidence even though the two have not been compared. If so, when? Discuss the provision of law.

2. A client says to his counsel- "I wish to obtain possession of property by the use of a forged deed on which I request you to sue".
Whether this communication is protected or not from disclosure? Discuss the provision of law.


Part-B
Code of Civil Procedure, 1908

3. Whether a suit stands defeated by reason of the misjoinder of parties? What difference does it make if there is non joinder of a necessary party in a suit? Discuss.

4. Whether a mortgagee can bid for purchase of property being sold in execution of a decree on the mortgage? If so when? What are the other requirements of law in this regard? 


Part-C
Code of Criminal Procedure, 1973

5. Whether a Magistrate can ask any accused to give specimen signature or handwriting? Discuss with exception if any?

6. Whether in an appeal against acquittal, accused/ respondent can be arrested and directed to remain in jail till the disposal of appeal? Discuss. 


Part-D
Drafting

7. Draft a 'charge' of an offence punishable under Section 376-B of Indian Penal Code, 1860.