Law Exams: UP Civil Judge Pre 2012 Law Question Paper

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Wednesday, March 12, 2014

Question Paper | U.P. PCS(J) Pre 2012 | Law | Uttar Pradesh Judicial Service Civil Judge (Junior Division) Preliminary Examination- 2012

Adv. Sanjay Dixit Civil Judge Question Papers , UP Civil Judge Pre 2012 Law Question Paper

Uttar Pradesh Judicial Service Civil Judge (Junior Division) Preliminary Examination- 2012

Law

Question Number: 141-150

141. Which one of the following is not an illustration of criminal force?
(a) A spits over B.
(b) A removes the veil of a lady B causing annoyance to her.
(c) A shakes his fist at B.
(d) A pours boiling water in the bucket from which B was bathing.

142. Which of the following is an offence against body, property, and reputation and feelings under Indian Penal Code 1860? The offence of
(a) kidnapping
(b) abduction
(c) rape
(d) cheating

143. Assault in order to outrage the modesty of a woman is punishable
(a) Under Section 363 Indian Penal Code
(b) Under Section 509 Indian Penal Code
(c) Under Section 511 Indian Penal Code
(d) Under Section 354 Indian Penal Code

144. “Law is not universal in nature, like language, it varies with people and ages.”
This proposition follows from the theory of
(a) Social utilitarianism
(b) Volksgeist
(c) Social Solidarity
(d) Social Engineering

145. “Judges not only discover law but also they made law.” This view is supported by
(a) Gray
(b) Dicey
(c) Salmond
(d) Blackstone

146. Dealing with the sources of law who amongst the following was said that, “The Courts fuel – life into the dead words of stature”?
(a) Holland
(b) Gray
(c) Salmond
(d) Austin

147. The period of limitation within which defendants shall submit his written statement is
(a) 30 days from service of summons.
(b) 40 days from service of summons.
(c) 60 days from service of summons.
(d) 120 days from service of summons.

148. Judgement under Section 2(9) of the Code of Civil Procedure, 1908 means
(a) a decree
(b) dismissal of appeal summarily
(c) statement of grounds of an order or decree
(d) All the above

149. Section 115 of the Civil Procedure Code provides provision for the following:
(a) Reference
(b) Review
(c) Revision
(d) Appeal to the Supreme Court

150. “No right of action is conferred on a transfer in possession under an unregistered contract of sale.”
Which Section of Transfer of Property Act 1882 contains this Principle?
(a) Section 35
(b) Section 41
(c) Section 53
(d) Section 53-A

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Question Paper | U.P. PCS(J) Pre 2012 | Law | Uttar Pradesh Judicial Service Civil Judge (Junior Division) Preliminary Examination- 2012

Adv. Sanjay Dixit Civil Judge Question Papers , UP Civil Judge Pre 2012 Law Question Paper

Uttar Pradesh Judicial Service Civil Judge (Junior Division) Preliminary Examination- 2012

Law

Question Number: 131-140

131. Which of the following are correct combinations?
(1) Bentham and Natural law.
(2) Austin and Positivism
(3) Rosco Pound and Sociological School of Jurisprudence
(4) Henry Maine and Philosophical School of Jurisprudence

Select the correct answer using the code given below:
(a) 1 and 2 only
(b) 2 and 3 only
(c) 3 and 4 only
(d) 1, 2 and 3

132. Which one of the following is not a mode of acquisition of possession?
(a) Taking
(b) Delivery
(c) By operation of law
(d) Acquisition

133. “Custom is to society what law is to the State.” It has been said by
(a) Dias
(b) Salmond
(c) Lloyd
(d) Finch

134. Which of the following is not a Specialized Agency of the United Nations?
(a) Universal Postal Union
(b) United Nations Children’s Fund
(c) International Civil Aviation Organization
(d) International Finance Corporation

135. The powers and functions of United Nations are divided among how many principal organs?
(a) 5
(b) 4
(c) 7
(d) 6

136. The real power of appointment of the UN Secretary General lies with
(a) The Security Council
(b) The General Assembly
(c) The General Assembly and the Security Council
(d) The five Permanent Members of the Security Council

137. Who was the Indian candidate for the post of Secretary General of the United Nations?
(a) Soli Sorbajee
(b) N.R. Narayana Murthy
(c) Vijay Nambiar
(d) Shashi Tharoor

138. International law also develops through State practices. It is known as
(a) International Treaty
(b) International Comity
(c) International Customary Law
(d) International Morality

139. Rule of State Succession was first incorporated from the Roman law by
(a) Bentham
(b) Kelsen
(c) Oppenheim
(d) Grotius

140. “To preserve one’s life is generally speaking a duty, but it may be the highest duty to sacrifice it.” This observation was made in Queen v. Dudley and Stephens by
(a) Lord Denman
(b) Lord Coleridge
(c) Lord Acton
(d) Justice Pollock

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Question Paper | U.P. PCS(J) Pre 2012 | Law | Uttar Pradesh Judicial Service Civil Judge (Junior Division) Preliminary Examination- 2012

Adv. Sanjay Dixit Civil Judge Question Papers , UP Civil Judge Pre 2012 Law Question Paper

Uttar Pradesh Judicial Service Civil Judge (Junior Division) Preliminary Examination- 2012

Law

Question Number: 121-130

121. Under which provisions of Civil Procedure Code temporary injunctions are granted?
(a) Under Section 116
(b) Under Section 152
(c) Under Order 39 Rule 1
(d) Under Order 29 Rule 1

122. Who can file a suit under Section 91 of Civil Procedure Code for public nuisance?
(a) Advocate General
(b) Any citizen
(c) District Magistrate
(d) Any 10 or more citizens

123. The duration of existence of a Caveat filed under Code of Civil Procedure 1908 is
(a) 60 days from the date on which it was filed
(b) 30 days from the date on which it was lodged
(c) 120 days from the date when it was lodged
(d) 90 days from the date, when it was lodged.

124. Deemed Decree implies
(a) final judgement of the Court
(b) final order of the Court
(c) first para of the judgement
(d) last para of the judgement till decree is prepared

125. “In the matter of Kidnapping and Rape, the evidence given by prosecutrix being, illiterate and rustic young women, some contradictions and omission are natural as her recollection, money, observance and narration of chain of events”.
(a) Manoj Yadav v. Pushpa
(b) State of U.P. v. Chhoteylal
(c) Madhu Verma v. Urmila Devi
(d) Lakhan Lal v. State of Bihar

126. Which one of the following is not actionable claim?
(a) A claim for mesne profit
(b) A claim for arrears of rent
(c) A share in partnership
(d) A claim for return of earnest money

127. ON Proclamation of Emergency under Article 352, the President has power to suspend the Fundamental Rights except the rights secured by
(a) Articles 19 and 20
(b) Articles 20 and 21
(c) Articles 21 and 22
(d) Articles 19, 20 and 21

128. The concept of Austin’s Sovereignty is influenced by the ideologies of which of the following person?
(a) Hobbs
(b) Locke
(c) Rousseau
(d) Montesque

129. The State is the synthesis of family and civil society. It is the unity of the universal principle of family and the particular principle of civil society.
The above philosophy is of
(a) Hegel
(b) Rosco Pound
(c) Austin
(d) Savigny

130. Which of the following theories relating to legal rights has been propounded by Ihering?
(a) Will Theory
(b) Concession Theory
(c) Realist Theory
(d) Interest Theory

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Question Paper | U.P. PCS(J) Pre 2012 | Law | Uttar Pradesh Judicial Service Civil Judge (Junior Division) Preliminary Examination- 2012

Adv. Sanjay Dixit Civil Judge Question Papers , UP Civil Judge Pre 2012 Law Question Paper

Uttar Pradesh Judicial Service Civil Judge (Junior Division) Preliminary Examination- 2012

Law

Question Number: 111-120

111. Who described jurisprudence as “Lawyer’s Extroversion”?
(a) Savigny
(b) Salmond
(c) Julius Stone
(d) Buckland

112. The law means
(a) The entire body of rules in a State.
(b) A particular law.
(c) The rules of morality.
(d) The rules of natural justice.

113. “Movement of progressive societies have hitherto been from status to contract.” Who said so?
(a) Bentham
(b) Rosco Pound
(c) Henry Maine
(d) Savigny

114. Legal Right is an Interest
(a) Recognised by law
(b) Protected by law
(c) Both (a) and (b) are correct
(d) None of the above

115. On which date the Statute of the ‘International Criminal Court’ has come into force?
(a) 10th December, 2003
(b) 24th October, 2002
(c) 1st July, 2002
(d) 1st January, 2003

116. Where the UNESCO’s headquarter is situated?
(a) In Geneva
(b) In London
(c) In New York
(d) In Paris

117. Recently which one of the following State has been recognized by 112 countries around the world?
(a) Peru
(b) Nicaragua
(c) Palestine
(d) Uruguay

118. United States President Obama signs on which date the ‘Massive $ 662-billion Defence Spending Bill called the Defence Authorisation Bill’?
(a) December 29, 2011
(b) December 30, 2011
(c) December 31, 2011
(d) December 28, 2011

119. S.C.O. Summit 2006 was held in which country?
(a) Moscow (Russia)
(b) Shanghai (China)
(c) New Delhi (India)
(d) Dhaka (Bangladesh)

120. Which tribunal/court has put Lubanga of Kango on trial?
(a) International Court of Justice
(b) Tribunal for Yugoslovakia
(c) Rwanda Tribunal
(d) International Criminal Court

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Question Paper | U.P. PCS(J) Pre 2012 | Law | Uttar Pradesh Judicial Service Civil Judge (Junior Division) Preliminary Examination- 2012

Adv. Sanjay Dixit Civil Judge Question Papers , UP Civil Judge Pre 2012 Law Question Paper

Uttar Pradesh Judicial Service Civil Judge (Junior Division) Preliminary Examination- 2012

Law

Question Number: 101-110

101. State Executive power is vested with
(a) Chief Minister
(b) Council of Ministers
(c) Chief Minister and Council of Ministers
(d) Governor

102. “Prime Minister” itself is a separate class.” This was laid down in
(a) Ram Prasad v. State of Bihar
(b) R.K. Garg v. Union of India
(c) State of M.P. v. G.C. Mandavar
(d) P.V. Shastri v. Union of India

103. Who can constitute the State Administrative Tribunal under the Administrative Tribunal Act, 1985?
(a) President of India
(b) Supreme Court
(c) Parliament
(d) Concerned State Government

104. Under which Article of the U.N. Charter the Security Council has the power to use force against a State ?
(a) Article 41
(b) Article 2(4)
(c) Article 24
(d) Article 42

105. The judgement of International Court of Justice is to be signed by
(a) the President of the Court
(b) the Registrar of the Court
(c) all Judges who heard the case
(d) the President and Registrar of the Court

106. Consider the following statements:
1. International law is not a law at all.
2. International law has no judicial system to enforce the law by applying sanctions.

Of the above
(a) Only 1 is true.
(b) Only 2 is true.
(c) Both 1 and 2 are true.
(d) Both 1 and 2 are not true.

107. Which one of the following is not a case relating to doctrine of precedent?
(a) Saijan Singh v. State of Rajasthan
(b) Prakash Chand Pathak v. State of U.P.
(c) Liversidge v. Anderson
(d) Bengal Immunity Co. Ltd. v. State of Bihar

108. Which one of the following schools of legal through held the view that, “Law is found not made, it is self existent.”?
(a) Historical School
(b) Analytical School
(c) Sociological School
(d) Realistic School

109. In which of the following cases the Supreme Court over-ruled its own precedent for, the first time?
(a) Kharak Singh v. State of U.P.
(b) Maneka Gandhi v. Union of India
(c) Bengal Immunity Co. v. State of Bihar
(d) Keshav Mills Co. v. Income-tax Commissioner.

110. “Law is what the judges declares”. This statement relates to which of the following thinkers?
(a) Jerome Frank
(b) Julius Stone
(c) Gray
(d) Holmes

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Question Paper | U.P. PCS(J) Pre 2012 | Law | Uttar Pradesh Judicial Service Civil Judge (Junior Division) Preliminary Examination- 2012

Adv. Sanjay Dixit Civil Judge Question Papers , UP Civil Judge Pre 2012 Law Question Paper

Uttar Pradesh Judicial Service Civil Judge (Junior Division) Preliminary Examination- 2012

Law

Question Number: 91-100

91. Which one of the following cases related to dying declaration?
(a) Mehboob Shah v. King Emperor
(b) Queen v. Abdullah
(c) Kotayya v. King Emperor
(d) M.C. Vergese v. Ponane

92. To what facts of the following, the rules or relevancy have been discussed under Section 8 of the Indian Evidence Act?
(a) Motive
(b) Preparation
(c) Previous or subsequent conduct
(d) All of the above

93. Which of the following statement is incorrect under Transfer of Property Act?
(a) Right to Redemption belongs to mortgagee.
(b) Right of Foreclosure belongs to mortgagor.
(c) Right of Redemption can be abrogated.
(d) Right of Foreclosure can be abrogated.

94. Which of the following is not an essential element of gift?
(a) Donor and Donee
(b) Subject-matter
(c) Transfer of subject-matter
(d) Transfer must be for consideration

95. For the lease of immovable property, the tenure for more than one year of year to year:
(a) The attestation of notary is sufficient.
(b) It is valid if the execution of it is made before the Magistrate only
(c) It is sufficient, if the parties made an agreement.
(d) Only registration is sufficient.

96. The word, “secular” used in the Preamble of the Constitution of India means
(a) The State has no religion of its own.
(b) All religions are treated equally.
(c) The State has no common religion.
(d) Both (a) and (b) are correct.

97. Twelfth Schedule was added to the Constitution by
(a) 74th Amendment
(b) 73rd Amendment
(c) 65th Amendment
(d) 44th Amendment

97. The 44th Constitutional Amendment 1978 was
(a) Amended Article 32
(b) Deleted Article 31 and introduced Article 300A
(c) Deleted Article 32 from Part III of the Constitution.
(d) Introduced a new Article 300 in the Constitution.

99. In Re Berubari and Exchange of Enclaves the Supreme Court held that
(a) Rule of law is not a part of Constitution
(b) Rule of law is a part of Constitution
(c) Preamble is not a part of Constitution
(d) Preamble is a part of Constitution

100. How many types of writ can the Supreme Court issue for the enforcement of Fundamental Rights?
(a) Six
(b) Four
(c) Five
(d) Three

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Question Paper | U.P. PCS(J) Pre 2012 | Law | Uttar Pradesh Judicial Service Civil Judge (Junior Division) Preliminary Examination- 2012

Adv. Sanjay Dixit Civil Judge Question Papers , UP Civil Judge Pre 2012 Law Question Paper

Uttar Pradesh Judicial Service Civil Judge (Junior Division) Preliminary Examination- 2012

Law

Question Number: 81-90

81. “A” puts jewels into a box belonging to “B” with the intention that they may be found in that box, with the result that ‘B’ may be convicted for the offence of theft. ‘A’ has committed the offence under
(a) Section 191 of Indian Penal Code
(b) Section 192 of Indian Penal Code
(c) Section 193 of Indian Penal Code
(d) ‘A’ has committed no offence

82. ‘X’ drives very fast through a crowded road to catch a flight, knowing that his act in all probability may cause death ‘Y’ is killed by his vehicle. ‘X’ is guilty of
(a) culpable homicide not amounting to murder
(b) murder
(c) grievous hurt
(d) negligence

83. Which section of Indian Penal Code deals with voluntary intoxication?
(a) Section 84
(b) Section 85
(c) Section 86
(d) Section 87

84. When was the RIO Declaration on Environment and Development made?
(a) In June 1992
(b) In December 1989
(c) In June 1997
(d) In September 2002

85. The International Labour Organization (ILO) on December 10, 2011 released a report on the employment scenario in
(a) Oman
(b) Iraq
(c) Pakistan
(d) Afganistan

86. Copenhagen Accord on climate change is
(a) a binding treaty
(b) not a binding treaty
(c) a declaration of General Assembly
(d) an optional protocol

87. Under which Section of the Code of Criminal Procedure 1973 the term “offence” has been defined?
(a) Section 40
(b) Section 2(n)
(c) Section 2(w)
(d) None of the above

88. The Parliament of which country signed on CTBT on 6th December, 2011?
(a) Indonesia
(b) Iraq
(c) Australia
(d) Pakistan

89. Under which provision of the Code of Civil Procedure 1908, the Collector may be appointed as receiver?
(a) Order XL Rule 5
(b) Order XLI Rule 1
(c) Order XL Rule 2
(d) Order XLI Rule 2

90. A receiver is an
(a) officer of the court
(b) agent of the plaintiff
(c) agent of the defendant
(d) agent of the parties to the suit

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Question Paper | U.P. PCS(J) Pre 2012 | Law | Uttar Pradesh Judicial Service Civil Judge (Junior Division) Preliminary Examination- 2012

Adv. Sanjay Dixit Civil Judge Question Papers , UP Civil Judge Pre 2012 Law Question Paper

Uttar Pradesh Judicial Service Civil Judge (Junior Division) Preliminary Examination- 2012

Law

Question Number: 71-80

71. Which one of the following is a continuing offence?
(a) Abduction
(b) Rape
(c) Theft
(d) Abetment

72. Under Section 362 of Indian Penal Code the offence of abduction may be committed with
(a) a girl under 18 years of age
(b) a boy under 16 years of age
(c) a person of unsound mind
(d) None of the above is correct

73. “A” a police officer without warrant apprehends “Z” who has committed murder. “A” has committed the offence of
(a) wrongful confinement
(b) wrongful restraint
(c) (a) and (b) both
(d) no offence

74. “In every statute mens-rea is to be implied unless the contrary is shown.” This view was expressed in
(a) Sheras v. De-Rutzen
(b) R v. Dudley & Stephen
(c) Harding v. Price
(d) R v. Prince

75. “A” in India instigates “B” a foreigner in Pakistan to commit a murder in Pakistan. “B” commits murder. In this case
(a) ‘A’ is guilty of abetting murder
(b) ‘A’ is not guilty of any offence
(c) ‘A’ is liable for committing murder
(d) None of the above answer is correct

76. Which one of the following pairs is not correctly matched?
(a) Mens-rea - R v. Prince
(b) Necessity - D.P.P. v. Beard
(c) Insanity - Mc. Naghtens
(d) Intoxication - Basudeo v. State of Pepsu

77. ‘A’ commits theft on property in ‘B’ possession and while committing theft he has a loaded pistol under his garment kept for the purpose of hurting ‘B’ in case ‘B’ resists.
The offence committed by ‘A’ is defined under which section of the Indian Penal Code?
(a) Section - 382
(b) Section - 379
(c) Section - 390
(d) Section – 381

78. The principal of proximity of crime under criminal law is irrelevant, while deciding the liability for the offence of
(a) theft and dacoity
(b) culpable homicide and murder
(c) kidnapping and abduction
(d) abetment and conspiracy

79. Theft is a offence against
(a) a person
(b) immovable property
(c) movable property
(d) both movable and immovable property

80. A married man commits the offence of adultery if he has sexual intercourse with a
(a) unmarried woman
(b) married woman except his wife
(c) any woman except his wife
(d) unmarried woman without her consent

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Question Paper | U.P. PCS(J) Pre 2012 | Law | Uttar Pradesh Judicial Service Civil Judge (Junior Division) Preliminary Examination- 2012

Adv. Sanjay Dixit Civil Judge Question Papers , UP Civil Judge Pre 2012 Law Question Paper

Uttar Pradesh Judicial Service Civil Judge (Junior Division) Preliminary Examination- 2012

Law

Question Number: 61-70

61. The interpretation clause of the Indian Contract Act 1872 has been provided in
(a) Section 1
(b) Section 2
(c) Section 3
(d) Under none of the above.

62. An agreement to do an act impossible in itself is
(a) Unenforceable
(b) Voidable
(c) Wrongful
(d) Void

63. “A” promises to obtain for “B” an employment in the public service and “B” promises to pay Rs. 1000 to “A”. The agreement is
(a) Legal
(b) Can be enforced at the option of the parties.
(c) Void
(d) None of the above

64. State the correct answer.
If object of an agreement is forbidden by law, the agreement is
(a) void only but not illegal
(b) illegal only but not void
(c) both void as well as illegal
(d) voidable

65. The word ‘illegal’ is applicable to everything which
(a) is an offence
(b) is prohibited by law
(c) furnishes ground for civil action
(d) All the above.

66. What is not necessary to constitute an offence of criminal conspiracy?
(a) Two or more person
(b) Five or more person
(c) Agreement to cause illegal act or an act by illegal means
(d) If act is not crime, to do some act in pursuance of agreement

67. ‘A’ knowing that her husband ‘B’ has committed murder, knowingly conceals in order to screen him from legal punishment, “A” is liable for
(a) Murder by reason of having common intention
(b) Harbouring
(c) Abetment by aid
(d) “A” has committed no offence

68. Which section of Indian Penal Code deals with Dowry death?
(a) Section 304 B
(b) Section 364 A
(c) Section 363 A
(d) Section 366 B

69. “A” and “B” plan to murder “C”, the next day. They are guilty of
(a) the offence of planning
(b) the offence of criminal conspiracy
(c) the offence of attempting to murder
(d) no offence

70. Which offence does not require a minimum number of five persons?
(a) Unlawful Assembly
(b) Riot
(c) Robbery
(d) Dacoity

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Question Paper | U.P. PCS(J) Pre 2012 | Law | Uttar Pradesh Judicial Service Civil Judge (Junior Division) Preliminary Examination- 2012

Adv. Sanjay Dixit Civil Judge Question Papers , UP Civil Judge Pre 2012 Law Question Paper

Uttar Pradesh Judicial Service Civil Judge (Junior Division) Preliminary Examination- 2012

Law

Question Number: 51-60

51. The Indian Constitution is dedicated to
(a) The Constituent Assembly
(b) The Parliament
(c) The whole society
(d) The people of India

52. Which Constitutional Amendment introduced the anti-defection provision of the Constitution?
(a) 51st Amendment
(b) 52nd Amendment
(c) 53rd Amendment
(d) 54th Amendment

53. Which one of following does not come within the territorial jurisdiction of Punjab and Haryana High Court?
(a) Punjab
(b) Haryana
(c) Chandigarh
(d) Delhi

54. An agreement in restraint of trade under Section 27 of the Indian Contract Act, 1872 is
(a) valid
(b) voidable
(c) void
(d) enforceable

55. ‘A’ proposes by letter to sell a house to ‘B’at a certain price. The communication of proposal is complete when
(a) ‘A’ posts the letter
(b) ‘A’ has completed the writing of letter
(c) ‘B’ gets information about the posting of the letter
(d) ‘B’ receives the letter.

56. A and B enter into contract due to mistake that a particular debts is time-barred. Contract is
(a) valid
(b) void
(c) illegal
(d) both (b) and (c)

57. ‘A’ contract of telephone becomes complete at the place where acceptance is heard’. In which case it has been held?
(a) Bhagwandas v. Girdharilal
(b) Carlill v. Carbolic Smoke Ball Co.
(c) Mohribibi v. Dharmodas Ghosh
(d) Satyabratta Ghosh v. Mugneeram.

58. A wagering agreement depends on
(a) an uncertain event
(b) future event only
(c) past unascertained only
(d) None of the above events

59. Which one of the following is not essential for a contract?
(a) Consideration
(b) Valuable consideration
(c) Lawful consideration
(d) Adequate consideration

60. “Continuing Guarantee” has been defined
(a) Under Section 124 of the Indian Contract Act
(b) Under Section 129 of the Indian Contract Act
(c) Under Section 146 of the Indian Contact Act
(d) Under Section 147 of the Indian Contract Act.

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