Law Exams: UP Civil Judge Pre 2013 Law Solved Paper

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Sunday, August 30, 2015

Solved Paper | UPPCS(J) Pre 2013 | Law Paper | Uttar Pradesh Judicial Service Civil Judge (Junior Division) Preliminary Examination- 2013

Adv. Sanjay Dixit Civil Judge Solved Papers , UP Civil Judge Pre 2013 Law Solved Paper

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

Law

Question Number: 141-150

141- Under Which section of Criminal Procedure Code, provision for security for keeping the peace on conviction exists
(a) Section 108
(b) Section 106
(c) Section 109
(d) Section 111

Ans.: (b)

142- Under section 41 of Criminal Procedure Code, the power of police to arrest a person
(a) Covers all cases.
(b) Is limited to cases of mere suspicion.
(c) Is confined to cases of reasonable suspicion.
(d) Does not cover cases of Army deserters.

Ans.: (c)

143- Under section 27 of the Criminal Procedure Code, the age of Juvenile is
(a) 16 years
(b) 18 years
(c) 12 years
(d) None of the above

Ans.: (a)

144- Who writes evidence in a criminal trial
(a) Any employee of the Court.
(b) Magistrate
(c) Advocate
(d) Expert

Ans.: (b)

145- Which section of Criminal Procedure Code applies when the officer incharge of a Police Station receives information that a person has committed suicide, he will immediately report to the Executive Magistrate?
(a) Section 169
(b) Section 173
(c) Section 174
(d) Section 178

Ans.: (c)

146- ‘A’ is accused of an act which may amount to theft or receiving stolen property or criminal breach of trust. ‘A’ is only charged with ‘theft’. It appears that he committed the offence of criminal breach of trust.
(a) He may be convicted of criminal breach of trust, though he was not charged with such offence.
(b) He may not be convicted of criminal breach off trust because he was not charged with such offence.
(c) He may neither be convicted of theft nor of criminal breach of trust.
(d) He may only be convicted of theft because he was charged with theft.

Ans.: (a)

147- While exercising the power of revision under the Code of Criminal Procedure, the High Court cannot
(a) Discharge the accused.
(b) Acquit the accused.
(c) Grant bail to the accused.
(d) Convert a finding of acquittal into one of conviction.

Ans.: (d)

148- In Indian Evidence Act, the maxim “SALUS POPULI SUPREMA LEX” is related to
(a) Section 121
(b) Section 122
(c) Section 123
(d) Section 124

Ans.: (c)

149- The Law of Evidence consists of which one of the following
(a) Ordinary rules of reasoning
(b) Legal rules of evidence
(c) Rules of logic
(d) All the above

Ans.: (b)

150- ‘X’ sues ‘Y’ for damage done by a dog of ‘Y’, which ‘Y’ knew to be ferocious. The fact that the dog had previously bitten ‘A’, ‘B’ and ‘C’ are
(a) relevant
(b) irrelevant
(c) inadmissible
(d) unreliable

Ans.: (a)

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Solved Paper | UPPCS(J) Pre 2013 | Law Paper | Uttar Pradesh Judicial Service Civil Judge (Junior Division) Preliminary Examination- 2013

Adv. Sanjay Dixit Civil Judge Solved Papers , UP Civil Judge Pre 2013 Law Solved Paper

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

Law

Question Number: 131-140

131- Under the Code of Civil Procedure, 1908 objections to jurisdiction as to the place of suing shall not be allowed by any appellate or revisional Court. Unless such objections was taken
(a) In the court of first instance,
(b) At the earliest possible opportunity,
(c) And there has been a consequent failure of justice.
(d) When all the condition of (a), (b) and (c) are fulfilled.

Ans.: (d)

132- The nature of Revision under Code of Civil Procedure is that
(a) It operates as a stay of the proceedings.
(b) It operates as a stay of the suit.
(c) It operates as a stay of proceedings and suit both.
(d) It shall not operate as a stay of the suit or proceedings except where such suit or proceedings is stayed by the High Court.

Ans.: (d)

133- Justice J.S.Verma Committee Report of January 23, 2013 has recommended that non-penetrative forms of sexual contact should be regarded as
(a) Rape
(b) Sexual Assault
(c) An offence under section 354 of Indian Penal Code
(d) Defamation

Ans.: (b)

134- Who can issue a search warrant to search a Post Office
(a) District Magistrate
(b) Civil Court
(c) Revenue Court
(d) High Court

Ans.: (a)

135- What is the nature of a statement given in NARCO test
(a) It is not an evidence
(b) It is a scientific evidence
(c) It is an oral evidence
(d) It is a circumstantial evidence

Ans.: (c)

136- Cognizance of the offence of defamation under Chapter XXI of the Indian Penal Code can be taken
(a) On a police report
(b) On a complain made by an aggrieved person
(c) Suo motu by the Court
(d) All the above

Ans.: (b)

137- Statement recorded by police officer during investigation under section 161 of the Criminal Procedure Code can be used during trial.
(a) For contradicting the witness
(b) For corroborating the witness
(c) Both for (a) and (b)
(d) Neither for (a) nor (b)

Ans.: (a)

138- Under the Criminal Procedure Code, examination of witness in the absence of absconded accused can be done under
(a) Section 299
(b) Section 321
(c) Section 224
(d) Section 301

Ans.: (a)

139- Under Criminal Procedure Code, for an offence punishable with fine only, the period of limitation is
(a) Three months
(b) Six months
(c) One year
(d) Three year.

Ans.: (b)

140- Section 183 of Criminal Procedure Code
(a) Applies to voyage on the high seas.
(b) Does not apply to voyage on high seas.
(c) Applies to voyage, within India as well as on voyage on high seas.
(d) Has been declared unconstitutional.

Ans.: (b)

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

Law

Question Number: 121-130
121- Where a compromise was arrived between parties to a suit by playing fraud, misrepresentation or mistake and a decree was passed with the consent of the parties, then the suffering party may select which one of the following alternatives for setting aside such decree.
(a) Through Appeal
(b) Through Revision
(c) Through Review
(d) Through a second Suit

Ans.: (d)

122- The documents on which the plaintiff relies upon in support his claim shall be filed by him in the court
(a) Along with the plaint
(b) Within seven days from the date of order by the court for issue of summons.
(c) On the date fixed for forming of issues by the Court.
(d) At the time or before the hearing of the suit.

Ans.: (b)

123- Consider the following statement :
1. Where the High Court calls for the record of any case in its revisional jurisdiction, it operates as a stay of such case before the subordinate court.
2. No second appeal shall lie in money suits where the value of the subject matter does not exceed Rs. 25000
3. A plaintiff cannot be allowed by the court to sue afterwards for any relief omitted by him in the suit.
4. A plaintiff may relinquish any portion of his claim in order to bring the suit within the jurisdiction of any court.

Of the above statements :
(a) 1, 2 and 3 are incorrect.
(b) 2 and 3 are incorrect.
(c) 1 and 3 are incorrect.
(d) 1 and 4 are incorrect.

Ans.: (c)

124- Under code of Civil Procedure 1908, which one of the following is not exempted from personal appearance in the court.
(a) Ministers of Union
(b) Ministers of State
(c) Vice President of India
(d) Chairman of Public Service Commission.

Ans.: (d)

125- Inherent powers conferred under sections 151 of the Code of Civil Procedure 1908, may be exercised by the
(a) Supreme Court only
(b) High Court only
(c) District Court only
(d) Supreme Court, High Court, District Court as well as by any Civil Court.

Ans.: (d)

126- ‘A’ and ‘B’ sue ‘C’ for recovery of Rs. 1000. ‘C’ has a debt due to him by ‘A’ alone. Here ‘C’ can
(a) Set off the debt against 'B'
(b) Set off the debt against 'A'
(c) Set off the debt against 'A' and 'B' both.
(d) Cannot set off a debt due to him by 'A' alone.

Ans.: (d)

127- The term “prescribed” under section 2(16) of Civil Procedure Code, 1908 means
(a) Prescribed by court
(b) Prescribed by society
(c) Prescribed by rules
(d) None of the above

Ans.: (c)

128- Under the code of Civil Procedure, 1908, for the first time provision for compensatory costs in respect of false or vexatious claims or defenses, has been made under
(a) Section 35 of the Code
(b) Section 35 (B) of the Code
(c) Section 35 (A) of the Code
(d) Section 34 of the Code

Ans.: (c)

129- ‘A’ deposits a box of jewels with ‘B’ as his agent. ‘C’ alleges that the jewels were wrongfully obtained by ‘A’ from him and claims them from ‘B’. Here ‘B’
(a) Can institute interpleader suit against 'A'.
(b) Can institute interpleader suit against 'C'.
(c) Can institute interpleader suit against 'A' and 'C' both.
(d) Cannot institute interpleader suit against 'A' and 'C'.

Ans.: (c)

130- Point out the wrong statement :
(a) Where the defendant appears and the plaintiff does not appear, when the suit is called for hearing, the court shall dismiss the suit and the plaintiff shall be barred from filing a fresh suit on the same cause of action.
(b) No appeal may lie from an original decree passed exparte.
(c) The plaintiff may apply to the court which passed an exparte decree against him, for an order to set it aside.
(d) No court shall set aside a decree passed exparte merely on the ground that there has been an irregularity in the service of summon upon the defendant.

Ans.: (b)

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

Law

Question Number: 111-120
111- Which one of the following statements is correct.
(a) In conspiracy, there is no distinction between principal and accessory.
(b) In conspiracy principal and accessory are distinct.
(c) There has to be a distinction between principal and accessory in all offences.
(d) None of the above is correct.

Ans.: (a)

112- Which offence is constituted under section 366-A of Indian Penal code.
(a) Kidnapping
(b) Kidnapping for begging
(c) Procuration of minor girl
(d) Importing of girl from Jammu and Kashmir State.

Ans.: (c)

113- Point out the statement which is wrong.
(a) International destruction of property for causing wrongful losstoany person is mischief.
(b) Internationally putting any person in fear of injury and thereby dishonestly inducing him to deliver any property is extortion.
(c) Five or more persons conjointly committing robbery amounts to dacoit.
(d) Two or more persons quarrelling anywhere commit affray.

Ans.: (d)

114- Asseration (A) : Homicide is the killing of a human being by another human being
Reason (R) : Homicide is always unlawful .

Give the correct answer from the codes given below :
(a) Both (A) and (R) are true and (R) is the correct explanation of (A)
(b) Both (A) and (R) are true but (R) is the correct explanation of (A)
(c) (A) is true, but (R) is false.
(d) (A) is false, but (R) is true.

Ans.: (c)

115- ‘A’ picked up a match box belonging to ‘B’ and lighted his cigarette with it. ‘B’ charged ‘A’ with the offence of theft of his match box, In these circumstances 'A’ can defend himself with the help of which one of the following maxims.
(a) Non compos mentis
(b) Dole Incapax
(c) Deminimis non curat lex
(d) Ignorantia Juris non excusat

Ans.: (c)

116- Match List-I with List-II and select the correct answer by using the code given below the lists :
List-I
A. Delivery of property
B. Taking of Property
C. Entrustment of Property
D. Convertibility of property innocently got to one’s own use

List-II
1. Criminal Breach of Trust
2. Criminal Misappropriation of Property
3. Theft
4. Extortion

Codes :
A B C D
(a) 3 4 1 2
(b) 4 3 1 2
(c) 4 2 3 1
(d) 3 1 2 4

Ans.: (b)

117- Which one of the following is not a mode of abetment under the Indian Penal Code.
(a) Attempt
(b) Instigation
(c) Aiding
(d) Conspiracy

Ans.: (a)

118- Under the Code of Civil Procedure, 1908, no women shall be arrested and detained in civil prison in the matter regarding to the decree relates to.
(a) Family disputes
(b) Matrimonial disputes
(c) Legitimacy of children disputes
(d) Payment of money disputes

Ans.: (d)

119- Point out the incorrect statement :
(a) A member of parliament is not entitled to exemption form personal appearance in a Court.
(b) A judicial officer may be arrested under a civil process at any time except when he is going to presiding in or returning from his court.
(c) An original suit may be filed in the High Court on the ground of pecuniary Jurisdiction.
(d) The High Court cannot vary or reverse in its revisional jurisdiction any decree or order against which an appeal lies either to the High Court or to any court subordinate thereto.

Ans.: (c)

120- Match List-I with List-II and select the correct answer by using the code given below the lists :
List-I
A. Interpleader Suit
B. Letter of Request
C. Precepts
D. Power to order discovery

List-II
(Sections of C.P.C.)
1. Section 46
2. Section 88
3. Section 30
4. Section 77

Codes :
A B C D
(a) 4 3 1 2
(b) 2 4 1 3
(c) 3 2 4 1
(d) 2 1 3 4

Ans.: (b)

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

Law

Question Number: 101-110

101- The “Province and Function of Law” named book was written by
(a) Hart
(b) Kelsen
(c) Pound
(d) Julius Stone

Ans.: (d)

102- Time barred debt is a
(a) Perfect Right
(b) Imperfect Right
(c) Right in rem
(d) None of the above

Ans.: (b)

103- Punishment provided for kidnapping for ransom in Indian Penal Code is
(a) Upto seven years imprisonment
(b) Life imprisonment only
(c) Death sentence or life imprisonment
(d) Ten years rigorous imprisonment

Ans.: (c)

104- Which one of the following pairs is correctly matched.
(a) Counterfeit - Section 28
(b) Valuable Security - Section 29
(c) Document - Section 30
(d) Omission - Section 31

Ans.: (a)

105- In which one of the following offences “mens rea’ is not an essential element.
(a) Assault
(b) Bigamy
(c) Defamation
(d) None of the above

Ans.: (b)

106- ‘A’ handed over his watch to a watch smith for repairing. In order to not pay the repairing charges ’A’ picked up his watch from the shop, when the watch smith was not looking. In this case.
(a) 'A' is guilty of criminal breach of trust.
(b) 'A' is guilty of cheating.
(c) 'A' is guilty of theft.
(d) 'A' is not guilty of any offence because the watch, he picked up was his own. However, he should pay the repairing charges to watch smith.

Ans.: (c)

107- Use of violence by a member of an assembly of five or more persons in furtherance of common object will constitute the offence of :
(a) Affray
(b) Assault
(c) Rioting
(d) Unlawful Assembly

Ans.: (c)

108- The phrase “In furtherance of common intention of all” used in section 34 of Indian Penal Code, is
(a) in the original draft
(b) added by Amending Act of 1870
(c) not at all there
(d) added by Amending Act of 1986

Ans.: (b)

109- 'A' meets a girl aged fifteen years in park. She tells him that she is sixteen years of age and she is ill-treated at house by her father and that she would be happy to be taken away from them. Thereafter ‘A’ takes the girl to her house and allows her to remain there. In this case.
(a) 'A' has committed no offence the girl has come with him with her own consent.
(b) 'A' has committed no offence the girl misrepresented her age and 'A' believed her matured age capable of consenting.
(c) 'A' has committed the offence of kidnapping of minor from the lawful guardian.
(d) 'A' has committed the offence of kidnapping and wrongfully confinement.

Ans.: (c)

110- Match List-I with List-II and select the correct answer by using the code given below the lists :
List-I
A. Rex V. Levett
B. Tabu Chetia V. State of Assam
C. Vijayam V. State of Kerala
D. State of U.P. V. Virendra Prasad

List-II
1. Murder
2. Criminal conspiract
3. Insanity
4. Mistake of fact

Codes:
A B C D
(a) 1 2 3 4
(b) 1 3 4 2
(c) 4 3 2 1
(d) 3 4 2 1

Ans.: (c)

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

Law

Question Number: 91-100

91- Which one of the following jurists belongs to ancient theories of natural law.
(a) Acquinas
(b) Grotius
(c) Kohler
(d) Socrates

Ans.: (d)

92- Which one of the following is not an essential element of custom.
(a) Antiquity
(b) Certainty
(c) Peaceful enjoyment
(d) Inconsistency

Ans.: (d)

93- Give correct response :
(a) The obiter dictum has binding force.
(b) Ratio decidendi has binding force.
(c) Ratio decidendi and obiter dictum both have binding force
(d) Neither ratio decidendi nor obiter dictum has binding force.

Ans.: (b)

94- Which one of the following is not a safeguard against delegated legislation.
(a) Parliamentary Control
(b) Judicial Control
(c) Publication
(d) Public Control

Ans.: (d)

95- Point out incorrect response :
Ownership is classified in the following ways :
(a) Corporeal and Incorporeal ownership
(b) Mediate and Immediate ownership
(c) Sole and Co-ownership
(d) Vested and Contingent ownership

Ans.: (b)

96- Who prefer to call Austin’s Analytical School as Imperative School.
(a) Allen
(b) Paton
(c) Salmond
(d) Holland

Ans.: (a)

97- Which one of the following case related to possession
(a) R.V.Chissers
(b) Merry V. Green
(c) R.V.Hudson
(d) Gallie V. Lei and others

Ans.: (d)

98- Which one of the following is not legal person
(a) Idol of Goddess Durga
(b) State of Kerala
(c) A registered society
(d) Mosque

Ans.: (d)

99- Which one of the following is not at element of legal right.
(a) The subject i.e. holder of right
(b) The object of right
(c) The act or forbearance
(d) Legal remedy

Ans.: (d)

100- Jurisprudence as a separate branch of discipline was started by.
(a) Hindu Scholars
(b) Christian Community
(c) Romans
(d) Jews

Ans.: (c)

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

Law

Question Number: 81-90

81- In which of the following decisions, the Supreme Court observed that “mercy petitions filed under articles 72 and 161 should be disposed of within a period of three months from the date when it is received, as unwanted delays tend to shake the confidence in the systems of justice”?
(a) Kuljeet Singh V. Lt. Governor of Delhi
(b) Maru Ram V. Union of India
(c) Sher Singh V. State of Punjab
(d) Kehar Singh V. Union of India

Ans.: (c)

82- Mention the chronology of the following judgments of the Supreme Court of India, starting from the earliest upto the latest case, Use the code given below :
1. Akhil Bhartiya Shoshit Karamchari Sangh V. Union of India.
2. Indra Sawhney V. Union of India
3. M.R.Balaji V. State of Mysore
4. A.I.I.M.S. Students' Union V. A.I.I.M.S.

Codes:
(a) 3, 1, 2, 4
(b) 1, 2, 3, 4
(c) 4, 3, 2, 1
(d) 2, 1, 4, 3

Ans.: (a)

83- The binding force behind the Directive Principles of State Policy is
(a) Public Opinion
(b) Government
(c) Constitution
(d) Administration

Ans.: (a)

84- ‘Prorogation’ means
(a) Inviting the Members of Parliament
(b) Asking Speaker to hold Session of Lok Sabha
(c) Dissolution of Lok Sabha
(d) Termination of Session

Ans.: (d)

85- Which one of the following Statement is not correct?
(a) No mandamus can be issued enforce an Act which has been passed by the Legislature
(b) Court can not issue any direction of the Legislature to make an particular kind of enactment.
(c) Supreme Court may give direction for amending an Act.
(d) Under the Constitutions Scheme, Parliament and the State Legislatures exercise sovereign powers to enact laws.

Ans.: (c)

86- In which provision of the Constitution of India is incorporated the “Principal of collective responsibility” of the Council of Ministers.
(a) Article 75 (3)
(b) Article 75 (1)
(c) Article 171 (4)
(d) Article 118 (4)

Ans.: (a)

87- Discrimination by law in the marriageable age of a boy (21 years) and a girl (18 years)
(a) Offend Article 14 of the Constitution.
(b) Does not offend Article 14 of the Constitution
(c) Is against Rule of Law
(d) Violate Human Right.

Ans.: (b)

88- Who said that “law is not to be deduced from the rule but the rule from the law”
(a) Paulus
(b) Gray
(c) Ulpian
(d) Salmond

Ans.: (a)

89- The only right which any man can possess is the right always to do his duty” says :
(a) Ihering
(b) Ehrlich
(c) Roscoe Pound
(d) Duguit

Ans.: (d)

90- Point out best reason :
According to Austin, law has the following attributes :
(a) Command, sovereign and enforceability
(b) Command, sovereign and sanction
(c) Command, sovereign and legal remedy
(d) Command, sovereign and obedience by subject.

Ans.: (b)

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

Law

Question Number: 71-80

71- The salaries and allowances of the Judges of the Supreme Court of India are charged on
(a) Ministry of Home affairs
(b) Ministry of Law
(c) Contingency Fund of India
(d) Consolidated Fund of India.

Ans.: (d)

72- Which deciding cases of terrorists, which procedure is to be followed ?
(a) Procedure establish by law
(b) Procedure establish by the Constitution
(c) Both a and b above
(d) None of the above

Ans.: (c)

73- In which of the following cases the five Judges Constitutional Bench observed that the ‘doctrine of postponement’ was aimed at balancing the right of an accused to be presumed innocent till completion of trial with the media’s Right to Freedom of Expression ?
(a) Ajai Kumar Parmar Vs. State of Rajasthan
(b) Sahara India Real State Corporation Ltd and others Vs. Securities and Exchange Board of India.
(c) R. Rajagopal Vs. State of Tamil Nadu
(d) Ajay Goswami Vs. Union of India

Ans.: (b)

74- Which one of the following is not the way of termination of Citizenship
(a) By renunciation
(b) By acquisition
(c) The tour journey of another State for few months.
(d) By deprivation

Ans.: (c)

75- It shall be the duty of every citizen of India, who is a parent or guardian to provide opportunities for education to his children or as the case may be; ward between the age of six and fourteen years. By which Constitutional Amendment Act, this duty included
(a) By 42nd Amendment
(b) By 44th Amendment
(c) By 86th Amendment
(d) By 92nd Amendment

Ans.: (c)

76- Which one of the following is not included in Article 21 of the Constitution of India.
(a) Right to Die
(b) Right to Life
(c) Right to Livelihood
(d) Right to Dignity

Ans.: (a)

77- Which one of the following does not apply to the term of office of Governor
(a) The Governor shall hold the office during the pleasure of the President.
(b) Minimum age for the post of Governor shall be thirty tow year.
(c) The Governor may resign by handwritten signed addressed to the President.
(d) The term of Governor shall be five years.

Ans.: (b)

78- In which of the following case the Supreme Court called Article 22 of the Constitution as “ugly provision of the Constitution”?
(a) Maneka Gandhi Vs. Union of India
(b) Keshavnand Bharti Vs. State of Kerala
(c) Indira Sawhney Vs. Union of India
(d) A.K.Gopalan Vs. State of Madras

Ans.: (d)

79- The person associated with PIL is
(a) Justice Bhagawati
(b) Justice R.N.Mishra
(c) Justice Venkitachelliah
(d) None of the above

Ans.: (a)

80- In which of the following decisions of the Supreme Court of India, A seven Judges Bench explained the concept of Public Interest Litigation.
(a) Mumbai Kamgar Sabha Vs. Abdullah
(b) Akhil Bhartiya Shoshit Karamchari Sangh Vs. Union of India
(c) S.P.Gupta Vs. Union of India
(d) Neeraj Chaudhry Vs. State of U.P.

Ans.: (c)

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

Law

Question Number: 61-70

61- Does United Nations, as an organizations has the capacity to bring an International claim against a State in the International Court of Justice ?
(a) Yes, because Untied Nations is also deemed to be a State.
(b) No, because International Court of Justice is open to the State parties to the Statute only.
(c) Yes, because United Nations has a legal personality.
(d) None of the above is correct.

Ans.: (c)

62- Pope Benedict XVI has announced his resignation on 11 Feb, 2013 because of
(a) Current International terrorism
(b) Frequent violation of human right.
(c) Poor health
(d) Dwindling world economy.

Ans.: (c)

63- On 29 November 2012 the Untied Nations General Assembly voted to make Palestine as
(a) The 194th Member State of United Nations.
(b) The non voting Member of the United Nations.
(c) A Non member observe State.
(d) A permanent Invitee to General Assembly Meetings.

Ans.: (c)

64- What is the number of States with ‘nuclear capabilities’ as listed in Annexure 2 of C.T.B.T. (Comprehensive Nuclear Test Ban Treaty) ?
(a) 8 States
(b) 44 States
(c) 15 States
(d) 35 States

Ans.: (b)

65- Which original member of the United Nations was not represented at the San Francisco Conference in 1945 and did not therefore sign the United Nations Charter on 26th June 1945?
(a) India
(b) Belarus
(c) Poland
(d) Ukraine

Ans.: (c)

66- Tripartite character is the outstanding feature of
(a) International Labour Organization
(b) International Civil Aviation Organization
(c) International Criminal Court.
(d) None of the above

Ans.: (a)

67- In Bhanumati Vs. State of U.P (2010), the Supreme Court in interpreting Article 243 C of the Constitution applied the
(a) Doctrine of Colourable legislation
(b) Doctrine of silence
(c) Doctrine of Pith and Substance
(d) Doctrine of Basic features

Ans.: (b)

68- P.A. Sangma V. Pranab Mukherjee (2013) case was decided by the Supreme Court.
(a) Unanimously
(b) By a majority of 3 : 2
(c) By a majority of 6 : 1
(d) By a majority of 4 : 1

Ans.: (b)

69- In which list is the subject ‘Pilgrimages Places outside India’ enumerated ?
(a) Union List
(b) State List
(c) Concurrent List
(d) None of the above

Ans.: (a)

70- Order of the Election Commission to cover statutes of elephants being election symbol of a political party, during election period
(a) Does not violate Article 25 of the Constitution.
(b) Violate Article 25 of the Constitution.
(c) Offends Preamble of the Constitution.
(d) Infringer Articles 19 (1)(a) of the Constitution.

Ans.: (a)

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Law

Question Number: 51-60

51- On which date India became a member of United Nations ?
(a) On 24 October 1945
(b) On 30 October 1945
(c) ON 26 June 1945
(d) On 15 August 1947

Ans.: (b)

52- In which country the United Nations envoy Vijay Nambiar is working for peace in the inter-communal violence between Rakhine Buddhists and Rohingya Muslims ?
(a) In Sri Lanka
(b) In Pakistan
(c) In Bangladesh
(d) In Myanmar

Ans.: (d)

53- What is EURO-III
(a) A European Currency
(b) A Third European Film Festival
(c) A one of the Group of European Countries
(d) A pollution Control Scale

Ans.: (d)

54- Who has been appointed as the next permanent representative of India to the United Nations on Feb, 13, 2013 ?
(a) Ashok Kumar Mukherjee
(b) Hardeep Singh Puri
(c) Dilip Joshi
(d) Shashi Tharoor

Ans.: (a)

55- In which city is the United Nations Human Rights Council is based
(a) Paris
(b) London
(c) Geneva
(d) New York

Ans.: (c)

56- Which Judge of the Supreme Court of India was elected as a judge of the International Court of justice in April, 2012
(a) Justice Swatanter Kumar
(b) Justice Dalbir Bhandari
(c) Justice Arijit Pasayat
(d) Justice A.K.Patnaik

Ans.: (b)

57- Which of the following State is not a member of ‘SAARC’
(a) Maldives
(b) Afghanistan
(c) Myanmar
(d) Bhutan

Ans.: (c)

58- The five year term for the Secretary General of the United Nations has been fixed by the
(a) United Nations Charter
(b) Resolution of United Nations General Authority
(c) Resolution of United Nations Security Council
(d) On the basis of an advisory opinion of the International Court of Justice.

Ans.: (b)

59- The official language of the International Court of justice are
(a) French and English
(b) Arabic and English
(c) German and English
(d) Spanish and English

Ans.: (a)

60- What was the ‘theme’ for the world Human Rights Day, 2012
(a) All Human Rights for all.
(b) Women’s Right as Human Right.
(c) Inclusion and the right to participation in public life.
(d) Human Rights as people’s Rights.

Ans.: (c)

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

Law

Question Number: 41-50

41- On 27 January 2012, G-4 made a joint bid focusing on expansion in both permanent and non-permanent categories and improving the working methods of the security council G-4 consisted of
(a) India, Germany, Japan and Brazil
(b) India, Russia, Brazil and Egypt
(c) India, Indonesia, Japan and Brazil
(d) Indonesia, Malaysia, Pakistan and Brazil

Ans.: (a)

42- Which country has conducted Nuclear Test in February 2013 ?
(a) Iran
(b) Israel
(c) South Korea
(d) North Korea

Ans.: (d)

43- Which one of the following is not a principal organ of the United Nations ?
(a) International Court of Justice
(b) Economic and Social Council
(c) Trusteeship Council
(d) International Labour Organization

Ans.: (d)

44- Consider the following statements :
1. The General Assembly can request the International Court of Justice to give an advisory opinion on any legal question.
2. The General Assembly may authorize other organs and specialized agencies of the United Nations to seek such advice from International Court of Justice.
3. The security council has independent power to seek advisory opinion on a legal question from International Court of Justice.

Of the above statement
(a) 1 and 2 are correct, but 3 is wrong.
(b) 1 and 3 are correct, but 2 is wrong.
(c) 2 and 3 are correct, but 1 is wrong.
(d) 1, 2 and 3 all are correct.

Ans.: (d)

45- What is the name of the Sixth Committee of the United Nations General Assembly ?
(a) Legal Committee
(b) Economic and Financial Committee.
(c) Social Humanitarian and Cultural Committee
(d) Disarmament and International Security Committee

Ans.: (a)

46- The year 2013 has been declared by the United Nations General Assembly as
(a) International year of Economics Co-operation
(b) International year of water Co-operation
(c) Global year of Social Co-operation
(d) Global year of Cultural Co-operation

Ans.: (b)

47- United Nations Member States voted overwhelmingly on 18 Nov., 2011 to readmit which state as member of the United Nations Human Rights Council ?
(a) Sudan
(b) Congo
(c) Libya
(d) Macedonia

Ans.: (c)

48- The idea of Peace Building Commission (PBC) was raised by
(a) United States President Bush
(b) Kofi Annan
(c) Ban Ki Moon
(d) Shashi Tharoor

Ans.: (b)

49- The name of the Italian vessel from which the two Italian marine killed two Indian fisherman on Feb. 18, 2012 is
(a) Santa Maria
(b) Boz Kourt
(c) Lotus
(d) Enrica Lexi

Ans.: (d)

50- Which ‘World Bank Group’ institution is not a ‘Specialized Agency’ of the United Nations?
(a) International Development Association
(b) International Finance Corporation
(c) Multilateral Investment Guarantee Agency
(d) International Bank for Reconstruction and Development

Ans.: (c)

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

Law

Question Number: 31-40

31- Damages allowed under section 73 of the Indian Contract Act, are
(a) Liquidated damages
(b) Compensatory damages
(c) Penal damages
(d) None of the above

Ans.: (b)

32- Section 124 of Indian Contract Act, includes under Contract of Indemnity the
(a) Losses caused by human conduct
(b) Losses caused by accident
(c) Losses caused by natural calamity
(d) None of the above

Ans.: (a)

33- ‘A’ contract to sing for ‘B’ at a concert and gets Rs. 1000/- as advance, ‘A’ is too ill to sing, here :
(a) A is bound to sing.
(b) A is bound to compensate B for loss.
(c) A is bound to return the amount of advance.
(d) None of the above

Ans.: (c)

34- ‘A’ owes ‘B’ Rs 5000. ‘A’ pays to ‘B’ Rs 2000 and ‘B’ accepts it is satisfaction of whole claim on ‘A’, here
(a) Whole debt is discharged
(b) No debt is discharged
(c) A part of debt is discharged
(d) None of the above

Ans.: (a)

35- A contingent contract dependent on the happening of future uncertain event can be enforced when the event.
(a) Happens
(b) Becomes impossible
(c) Does not happen
(d) None of the above

Ans.: (a)

36- Point out the incorrect statement :
(a) A party who rightfully rescinds a contract is entitled to compensation for his damages
(b) Where a person gives any bond for the performance of any act in which the public is interested, he shall be liable upon its breach, to pay the whole sum mentioned therein.
(c) A party to the contract complaining of the breach is not entitled to receive any compensation from the other party, if no actual damage or loss is proved to have been caused thereby.
(d) The rule of compensation for loss or damages caused due to the breach of a contract contained in Section 73 of the Contract Act, does not apply to void agreements.

Ans.: (c)

37- A promise to pay a debt barred by the law of limitation, has been made enforceable under which section of the Indian Contract Act ?
(a) Section 32
(b) Section 47
(c) Section 25
(d) Section 8

Ans.: (c)

38- Match List-I with List-II and select the answer by using the code given below the lists :
List-I
A. A Railway Time Table .
B. Public Notification for Tender
C. Picking up an article from shelves and putting it in his basket in a 'Self-service Mall'
D. 'A' says to 'B' that if 'A‘s’ offer is not accepted, 'B' should say 'No' immediately. 'B' keeps silent.

List-II
1. is invitation to offer
2. is a general offer
3. is acceptance of an offer
4. it is not the acceptance of the offer

Codes :
A B C D
(a) 2 1 4 3
(b) 1 2 3 4
(c) 4 2 1 3
(d) 3 4 2 1

Ans.: (a)

39- Assertion (A) : Agreement without consideration is void.
Reason (R) : consideration may be given by promisee or any other person.

Codes :
(a) (A) and R both are true and (R) is the correct explanation of (A).
(b) (A) and R both are true but (R) is not correct explanation of (A)
(c) (A) is true but (R) is false
(d) (A) is false but (R) is true.

Ans.: (b)

40- Unlawful consideration and object have been mentioned under which section of the Indian Contract Act, 1872 ?
(a) Section 18
(b) Section 20
(c) Section 26
(d) Section 23

Ans.: (d)

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

Law

Question Number: 21-30

21- Which of the following sections of Transfer of Property Act contains exception to the maxim “Nemo dat quad non habit” ?
(a) Section 41 and 42
(b) Section 43 and 44
(c) Section 41 and 44
(d) Section 41 and 43

Ans.: (d)

22- Which is a right of the Mortgagee and not that of a Mortgagor ?
(a) Right to foreclosure
(b) Right to redeem
(c) Right to recover possession
(d) Right to inspect documents

Ans.: (a)

23- In case of gift, the done dies before acceptance, then
(a) Gift is valid
(b) Gift is void
(c) Gift is reduced
(d) Court has to decide

Ans.: (b)

24- In which one of the following sections of Transfer of Property Act, an Amendment was made in the year 2002 ?
(a) Section 100
(b) Section 106
(c) Section 108
(d) Section 110

Ans.: (b)

25- Doctrine which requires that the transferor must deliver the subsequently acquired property to the transferee who acted upon his false representation and did harm to himself by paying money for what he could not get is called.
(a) Rule against unjust enrichment
(b) Implies consent
(c) Feeding the grant by estoppel
(d) Doctrine of substantial compliance.

Ans.: (c)

26- “For an acceptance mere mental resolve to accept would not be sufficient; there must be some external manifestation of the intent by speech, writing or other act.” It was held by Supreme Court in
(a) Fazal IIahi V. East Indian Railway Co.
(b) M. Nanjappa Vs. M.P. Muthuswamy.
(c) Dugdale V. Lovering.
(d) Bhagwan Das V. Girdhari Lal & Co.

Ans.: (d)

27- Which one of the following relation does not come within the undue influences relationship?
(a) Doctor or patient
(b) Customer and shopkeeper
(c) Lawyer and Client
(d) Master and Servant

Ans.: (b)

28- Difference between a contract and social agreement is that of
(a) Consideration
(b) Intention to create legal relationship
(c) Consensus ad idem
(d) Certainty of performance.

Ans.: (b)

29- Match List-I with List-II and select the answer by using the code given below the lists :
List-1
A. Satyabrat Ghosh V. Manganeeram.
B. Raj Rani V. Prem Adib
C. Entores Ltd. V. Miles for east corporation
D. Harvey V. Facey

List-II
1. Invitation to offer
2. Communication of acceptance
3. Minor’s agreement
4. Doctrine of Frustration

Codes :
A B C D
(a) 1 2 3 4
(b) 4 3 1 2
(c) 2 1 4 3
(d) 4 3 2 1

Ans.: (d)

30- Assertion (A) : A stranger to a contract can not enforce the contract.
Reason (R) : he is not party to contract and can not take benefit.

Codes :
(a) A and R both are true and R is correct explanation of A.
(b) A and R both are true but R is not the correct explanation of A.
(c) A is true but R is false
(d) A is false but R is true

Ans.: (a)

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Law

Question Number: 11-20

11- Which one of the following sections of the Indian Evidence Act applies to the pleaders relating to professional communications ?
(a) Section 128 only
(b) Section 129 and 130
(c) Section 133 and 134
(d) Section 126 and 127

Ans.: (d)

12- Section 7 of the Evidence Act does not include which one of the following?
(a) Occasion
(b) Cause
(c) Purpose
(d) Effect

Ans.: (c)

13- Match List-I with List-II and select the correct answer by using the code given below the lists :
List-I
(Provision)
A. Transfer in perpetuity,
B. When unborn person acquires vested interest on transfer for his benefit
C. Transfer by “ostensible owner”
D. Transfer by co-owner

List-II
(Sections of Transfer of Property Act)
1. Section 20
2. Section 18
3. Section 44
4. Section 41

Codes :
A B C D
(a) 1 2 4 3
(b) 2 1 4 3
(c) 1 4 2 3
(d) 4 2 3 1

Ans.: (b)

14- Which of the following case decided by the Privy Council, relates to ‘fraudulent transfer’?
(a) Musahar Sahu V. Hakim Lal
(b) Middleton V. Pollock
(c) Union of India V. Rajeshwari & Co.
(d) All the above

Ans.: (a)

15- Which of the following would be considered as “transfer of property” under the Transfer of Property Act? Select the answer by using the code given below :
1. Grant of an easement right of way over a piece of land
2. Exchange of two things
3. A family settlement
4. Creation of charge on a immovable property by operation of law.

Codes :
(a) 1 and 3
(b) 1, 2 and 3
(c) 3 and 4
(d) 2 and 4

Ans.: (d)

16- In which of the following mortgage, the mortgagor binds himself personally to pay the mortgage money?
(a) Simple mortgage
(b) Usufructuary mortgage
(c) Anomalous mortgage
(d) Mortgage by assurance.

Ans.: (a)

17- Which one of the following statement is not correct?
(a) A transfers a farm to B for her life and if she does not desert her husband to C, B is entitled to the farm during her life as if no condition had been insisted.
(b) A transfers Rs. 50000 to B on condition that he shall marry with the consent of C, D and E, B marries without the consent of C, D and E but obtains their consent after marriage. The condition shall be deemed to be fulfilled as it has been substantially complied with.
(c) A living person can transfer the property to himself in present or in future.
(d) A vested interest is not defeated by the death of the transferee before he obtains possession.

Ans.: (b)

18- Which of the following are “immovable property” under the Transfer of Property Act? Select the correct answer by using the code below :
1. The equity of redemption
2. A hut
3. Mortgage debt
4. Right to recover maintenance allowance charged on immovable property.

Codes :
(a) 1 and 2
(b) 1, 2 and 3
(c) 1 and 4
(d) 2 only

Ans.: (b)

19- A Municipal Board, under a resolution gave possession of a land to ‘X’ and ‘Y’ with a right to make construction on the said land subject to a condition that after termination of lease, the construction shall belong to the Municipal Board ‘X’ and ‘Y’ accepted the condition and made construction on the land. The effect of resolution and acceptance was to create.
(a) lease
(b) usufructuary mortgage
(c) license
(d) easement

Ans.: (c)

20- Remedy of ‘Foreclosure’ is available in which one of the following mortgages?
(a) Usufructuary mortgage
(b) Mortgage by conditional sale
(c) Simple mortgage
(d) English mortgage

Ans.: (b)

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Law

Question Number: 01-10

1- Which one of the following sections of the Indian Evidence Act makes relevant opinions as to existence of custom ?
(a) Section 47
(b) Section 48
(c) Section 49
(d) Section 50

Ans.: (b)

2- Which one of the following does not come within the meaning of “Document” under the Indian Evidence Act ?
(a) A writing
(b) A map
(c) A telephonic talk
(d) A word photographed

Ans.: (c)

3- ‘A’ is tried for the murder of ‘B’ by beating with a club with the intention of causing his death. At ‘A’ s’ trial which one of the following is not fact in issue ?
(a) ‘A’ s’ beating B with the club
(b) ‘A’ s’ conversation with “C”
(c) ‘A’ s’ causing ‘B’s’ death with the club.
(d) ‘A’ s’ Intention to cause B death

Ans.: (b)
4- The case Dudhnath Pandey V.State of U.P. is related to
(a) Res Gestae
(b) Plea of alibi
(c) Admission
(d) Accomplice

Ans.: (b)

5- Under which one of the following provisions of Indian Evidence Act the words “formatting part of the same transactions” occurs ?
(a) Section 5
(b) Section 6
(c) Section 11
(d) Section 12

Ans.: (b)

6- Which one of the following is not a secondary evidence ?
(a) Copies made from the original by mechanical process
(b) Copies made from or compared with the original
(c) Counterparts of documents
(d) Lithography

Ans.: (d)

7- Point out the incorrect statement :
(a) If a contract is contained in several letters, all the letters in which it is contained, must be proved
(b) If ac contract is continued in a bill of exchange, the bill of exchange must be proved
(c) If a bill of exchange is drawn in a set of three, one only need be proved.
(d) If A gives B receipt for money paid by B, oral evidence is offered of the payment, the evidence is not admissible.

Ans.: (d)

8- Match List-I with List-II and select the correct answer by using the code given below the lists :
List-1
(Provisions)
A. Burden of Proof.
B. On whom burden of proof lies
C. Burden of proof as to particular fact
D. Burden of proving fact especially within knowledge

List-II
(Sections of Evidence Act)
1. Section 106
2. Section 103
3. Section 102
4. Section 101

Codes :
A B C D
(a) 3 4 1 2
(b) 2 3 4 1
(c) 4 3 2 1
(d) 1 2 3 4

Ans.: (c)

9- Select the incorrect statements using the code given below :
1. The Indian Evidence Act does not apply to arbitration proceedings.
2. The Indian Evidence Act does not apply to proceedings before a Commissioner appointed by the court for recording evidence.
3. The Indian Evidence Act applies to affidavits presented to courts.
4. The Indian Evidence Act applies to judicial proceedings held before all kinds of military courts

Codes :
(a) 2 and 3 are incorrect
(b) 2, 3 and 4 are incorrect
(c) 1 and 3 are incorrect
(d) None of the above is incorrect.

Ans.: (b)

10- How many years old electronics record will be deemed to be proved. If it is produced from any custody which the court in the particular case considers proper
(a) Five years
(b) Thirty Years
(c) Twenty years
(d) Ten years

Ans.: (a)

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