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Uttar Pradesh Higher Judicial Service (Preliminary) Examination- 2014
1. Among the following cities, which one is nearest to the Topic of Cancer.
- (A) Delhi
- (B) Kolkata
- (C) Jodhpur
- (D) Nagpur
Answer: (B)
2. Which one of the following Articles of the Indian Constitution provides that it shall be the duty of the Union to protect every state against external aggression and internal disturbance?
- (A) Article 215
- (B) Article 275
- (C) Article 325
- (D) Article 353
Answer : Error (Article 355)
3. Which one of the following Bills must be passed by each House of the Indian Parliament separately, by special majority?
- (A) Ordinary Bill
- (B) Money Bill
- (C) Finance Bill
- (D) Constitution Amendment Bill
Answer: (D)
4. Nanda Devi peak forms a part of
- (A) Assam Himalayas
- (B) Kumaon Himalayas
- (C) Nepal Himalayas
- (D) Punjab Himalayas
Answer: (B)
5. Who is the author of the book ‘New Dimensions of India’s Foreign Policy'?
- (A) A.B. Vajpayee
- (B) Jaswant Singh
- (C) P.C. Alexander
- (D) Yashwant Sinha
Answer: (A)
6. Which country won the ICC Under-19 Cricket World Cup- 2014 ?
- (A) India
- (B) South Africa
- (C) Australia
- (D) England
Answer: (B)
7. Which of the following is the lightest metal?
- (A) Mercury
- (B) Silver
- (C) Lithium
- (D) Lead
Answer: (C)
8. Nathu La pass connects.
- (A) Sikkim and Tibet
- (B) Himachal Pradesh to Tibet
- (C) Uttrakhand to Tibet
- (D) Arunachal Pradesh to China
Answer: (A)
9. Which of the following sets of bills is presented to the parliament along with budget?
- (A) Direct taxes and indirect taxes bill
- (B) Contingency bill and Appropriation bill
- (C) Finance bill and Appropriation bill
- (D) Finance bill and Contingency bill
Answer: (C)
10. Novation of a contract under Indian Contract Act means-
- (A) Cancellation of contract
- (B) Alteration of the contract
- (C) The renewal of original contract
- (D) Substitution of a new contract in place of original contract
Answer: (D)
11. A witness, who is unable to speak, gives his evidence in writing in the open court; evidence so given shall be deemed to be-
- (A) Primary evidence
- (B) Secondary evidence
- (C) Documentary evidence
- (D) Oral evidence
Answer: (D)
12. Dasti summons for service on the defendant can be given to the plaintiff under-
- (A) Order V Rule 9A C.P.C.
- (B) Order V Rule 9 C.P.C.
- (C) Order IV Rule 7 C.P.C.
- (D) Order VI Rule 6 C.P.C.
Answer: (A)
13. ‘B’ takes a gold ring of ‘A’ out of ‘A’s possession without ‘A’s consent with the intention of keeping it till ‘A’ gives ‘B’ some money for its restoration to ‘A’, ‘B’ is guilty of-
- (A) Cheating
- (B) Criminal beach of trust
- (C) Criminal misappropriate of property
- (D) Theft
Answer: (D)
14. The Magistrate cannot order investigation by CBI. It was held in:
- (A) CBI V. State of Rajasthan (2001) 3 SCC 333
- (B) Secy. Minor Irrigation & Rural Engg. Services, U.P.v. Sahngoo Ram Arya (2002) 5 SCC 521
- (C) Union Bank of India V. Prakash P. Hinduja (2003) 6 SCC 195
- (D) None of the above
Answer: (A)
15. A proclamation under section 82 of Cr.P.C. can be issued against a person against whom a warrant has been issued. Thus a proclamation can be issued against
- (A) Accused offender
- (B) A surety
- (C) A witness
- (D) All the above
Answer: (D)
16. Who among the following has made distinction between distributive justice and corrective justice?
- (A) Plato
- (B) Aristotle
- (C) John Stuart Mill
- (D) John Austin
Answer: (B)
17. As per section 195A of IPC which was insereted by the Criminal Law (Amendment) Act, 2005 the offence of threatening any person to give false evidence, is punishable with
- (A) Imprisonment up to 7 years or with fine or with both
- (B) Imprisonment up to 5 years or with fine or with both
- (C) Imprisonment up to 3 years or with fine or with both
- (D) Imprisonment up to 1 years or with fine or with both
Answer: (A)
18. Two ladies of young age, A & B fight with each other. A was having a blade with which ‘A’ inflicits injury on the face of B leaving a scar on the cheek of B. A is guilty of offence of causing
- (A) Grievous hurt
- (B) Grievous hurt by rash or negligent act
- (C) Simple hurt
- (D) Simple hurt by rash or negligent act
Answer: (A)
19. Under Section 13 of the U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 which of the following shall fall in the category of unauthorized occupant/trespasser:
- (A) A person who occupies the building without consent of landlord
- (B) A person who occupies the building without consent of Rent Control and Eviction Officer.
- (C) A person who occupies the building without an order of allotment.
- (D) None of the above.
Answer: (C)
20. Which Section of the Indian Evidence Act was amended by the Criminal Law (Amendment) Act, 2005
- (A) Section 154
- (B) Section 118
- (C) Section 32
- (D) Section 90A
Answer: (A)
21. Entries in the books of accounts regularly kept in the course of business are admissible under section 34 of Evidence Act
- (A) If they by themselves create a liability
- (B) If they by themselves do not create a liability
- (C) Irrespective of whether they themselves create a liability or not
- (D) Either (a) or (b)
Answer: (C)
22. Under Section 32 of Evidence Act, a statement of a person who is dead, to be admissible
- (A) Must relate to the cause of his own death
- (B) May relate to the cause of someone else’ death.
- (C) May relate to the cause of his own death or someone else’ death.
- (D) None of the above
Answer: (A)
23. Which amendment act of the constitution reduced the voting age from 21 years to 18 years.
- (A) Sixtieth Amendment 1988
- (B) Sixty-First Amendment 1989
- (C) Sixty-Second Amendment 1990
- (D) Sixty-Third Amendment 1990
Answer: (B)
24. In which of the following cases, the Supreme Court struck down that legislators cannot be disqualified on his conviction in a criminal case if he/she files an appeal in the appropriate court:
- (A) Golaknath V. State of Punjab
- (B) Keshvananda Bharti Vs. State of Punjab
- (C) Sankari Prasad Vs. UOI
- (D) Lily Thomas Vs. Union Bank of India
Answer: (D)
25. ‘Doctrine of unjust enrichment' was laid down by the Supreme Court in which one of the following cases?
- (A) Sarla Mudgal V. Union of India
- (B) Mafatlal Industries Ltd. Vs. Union of India
- (C) S.R. Bommai Vs. Union of India
- (D) Unni Krishnan Vs. State of A.P.
Answer: (B)
26. What is the maximum period within which landlord is required to give notice to the District Magistrate regarding the filing of vacancy under section 15 of the U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972
- (A) Two weeks
- (B) Seven days
- (C) Thirty days
- (D) None of the above
Answer: (B)
27. Parties to the suit can compromise in a suit
- (A) Under order XXIII, Rule 3A of CPC
- (B) Under order XXIII, Rule 3 of CPC
- (C) Under order XXIII, Rule 1 of CPC
- (D) Under order XXIII, Rule 4 of CPC
Answer: (B)
28. The chapter that deals with gift under the Transfer of Property Act, 1882
- (A) Applies to Mohammadan gift also
- (B) Does not apply to Mohammadan gift
- (C) Applies to all caste, creed, etc.
- (D) Applies to Parsi gift only.
Answer: (B)
29. The gift of future property is
- (A) Void
- (B) Voidable
- (C) Valid
- (D) Conditionally void
Answer: (A)
30. A notice under section 111 of the Transfer of Property Act, 1882 can be waived:
- (A) By express or implied consent of the person to whom it is given
- (B) By implied consent of the person to whom it is given.
- (C) By express consent of the person to whom it is given.
- (D) By notice from either party.
Answer: (A)
31. According to the amendment to the Transfer of Property Act, 2002 the period, with in the principle of section 106 of the Act shall commence from;
- (A) Date of receipt of notice
- (B) Date of issue of notice
- (C) Date of summoning of notice
- (D) 15 days from the expiry of notice.
Answer: (A)
32. Section 497 IPC, which punishes only a male participant in the offence of adultery is intra vires, in view of which provisions of the constitution of India.
- (A) Article 14
- (B) Article 15 (3)
- (C) Article 16 (4)
- (D) Article 21
Answer: (B)
33. The period of limitation can not be extended under section 5 of the limitation Act in the following proceeding.
- (A) An appeal filed under sub-section (3) of section 331 of the U.P. Zamindari abolition and land reforms act, 1950.
- (B) Revision filed under section 333 of the U.P. Zamindari abolition and land reforms act, 1950.
- (C) Application filed under sub-section (4) of section 198 of the U.P. Zamindari abolition and land reforms act, 1950.
- (D) None of the above
Answer: (C)
34. Every Transfer made in contravention of the U.P. Zamindari Abolition and Land Reforms Act 1950 shall be.
- (A) Invalid
- (B) Valid
- (C) Void
- (D) None of the above
Answer: (C)
35. What is the maximum limit of holding for which benefit under section 122 B (4f) can be ext ended (inclusive of the land earlier held by a member of scheduled caste or scheduled tribes)
- (A) 3.125 acres
- (B) 3.025 acres
- (C) 3.250 acres
- (D) None of the above
Answer: (A)
36. After how many years a bhumidhar with non transferable right acquires the right to be recorded as bhumidhar with transferable right.
- (A) Five years
- (B) Fifteen years
- (C) Seven years
- (D) Ten years
Answer: (D)
37. Who is entitled to take over the land after extinction of right of a Bhumidhar.
- (A) A trust greated for charitable purpose
- (B) Educational Institutions
- (C) Land Management Committee
- (D) None of the above
Answer: (C)
38. Order passed under sub-section (3) of Section 8 of U.P. Consolidation of Holdings Act, 1953 is-
- (A) Revisable
- (B) Appealable
- (C) Neither Appelable nor Revisable
- (D) Final
Answer: (B)
39. Which Section of U.P. Consolidation of Holdings Act Provides correction of clerical or arithmetical errors.
- (A) Section 41 A
- (B) Section 44 A
- (C) Section 42 A
- (D) None of the above
Answer: (C)
40. What is the limitation provided under section 52 of the U.P. Consolidation of Holdings Act, 1953 for moving representation by the tenure holders for Chak road and chak gul after notification issued under sub-section (1) of section 52 of the Act.
- (A) 90 days
- (B) 30 days
- (C) Six month
- (D) None of the above
Answer: (C)
41. What is the minimum percentage of total number of tenure holders on whose representation the collector can provide chak road or chak gul after notification under sub section (1) of section 52 of the U.P. Consolidation of Holding Act, 1953.
- (A) Twenty percent
- (B) Fifty percent
- (C) Ten percent
- (D) None of the above
Answer: (C)
42. Which full bench decision of this court has held Deputy Director of Consolidation has no power of review his judgement.
- (A) Ram Kumar V. State of U.P. & others 2005 (99) RD 823
- (B) Smt Guddi V. State of U.P. & others 1997 2 UPLBEC 872
- (C) Smt. Shiv Raji and others v. Deputy Director of Consolidation and others 1997 (88) RD 562
- (D) Daya Ram Singh v. State of U.P. 2007 (3) ESC 1760
Answer: (C)
43. Surcharge shall ceases to exist or can not be recovered.
- (A) After completion of five years from the occurrence of such loss, waste or misapplication.
- (B) After completion of ten years from the date on which the peson liable ceases to hold his office.
- (C) After expiration of ten years from the occurrence of such loss, waster or ceases to hold his office, whichever is later.
- (D) No limitation
Answer: (C)
44. Which section of the U.P. Panchayat Raj Act, 1947 provides the power of execution of decree or order passed by a Nayay- Panchayat.
- (A) Section 90
- (B) Section 85
- (C) Section 93
- (D) None of the above
Answer: (C)
45. What maximum sentence a Nayay Panchayat or any member thereof can award for its contempt.
- (A) Imprisonment for not more than ten days
- (B) Fine not exceeding Rs. 100
- (C) Both * (A) and * (B)
- (D) Fine not exceeding ten rupees
Answer: (D)
46. Under which section of U.P. Panchayat Raj Act, 1947 members and servants of Gram Panchayat are deemed to be public servant with in the meaning of section 21 of the Indian Penal Code.
- (A) Section 27
- (B) Section 42
- (C) Section 43
- (D) Section 28
Answer: (D)
47. Under Rule 32 of U.P. Panchayat Raj Act Rules, 1947 the notice of meeting of Gaon Sabha shall be given at least.
- (A) 5 days before the date of meeting
- (B) 7 days before the date of meeting
- (C) Two weeks before the date of meeting
- (D) Fifteen days before the date of meeting
Answer: (D)
48. The preamble to the Constitution of India was first amended vide.
- (A) Constitution 42nd Amendment Act, 1976
- (B) Constitution 24th Amendment Act, 1971
- (C) Constitution 75th Amendment Act, 1993
- (D) Constitution 77th Amendment Act, 1995
Answer: (A)
49. The Eight Schedule of the Constitution of India provides for
- (A) Panchayat Raj
- (B) Anti Defection
- (C) Validation of certain Acts and Regulations
- (D) Official Languages
Answer: (D)
50. Puisne judge of a Supreme Court means.
- (A) A judge of inferior scale
- (B) An additional judge
- (C) An associate judge
- (D) An adhoc judge
Answer: (C)
51. Section 12 (1) (a) of the Hindu Marriage Act is related to
- (A) Impotency
- (B) Mental disorder
- (C) Fraud
- (D) None of the above
Answer: (A)
52. Suppressio veri by a woman who was pregnant at the time of marriage is a ground for annulling the marriage as.
- (A) Voidable
- (B) Void
- (C) Irregular
- (D) Neither * (A) nor * (B)
Answer: (A) 53. If, during the period of judicial sepration, either spouse indulges in adultery, does it furnish a ground for divorce?
- (A) Yes
- (B) No
- (C) Not a ground
- (D) None of the above
Answer: (A)
54. Before which authority Appeal will lie under section 160 of U.P. Municipalties Act, 1916 in a case tax assessed upon the annual value of building or land or both.
- (A) State Government
- (B) Prescribed Authority
- (C) District Magistrate
- (D) None of the above
Answer: (C)
55. Who becomes the guardian of illegitimate children on the mother’s death.
- (A) Uncle
- (B) Grandfather
- (C) Father
- (D) None of the above
Answer: (C)
56. Choose the correct form of the word from the alternative given below.
- (A) Erroniously
- (B) Erroneusly
- (C) Erroneously
- (D) Erroniously
Answer: (C)
57. Choose the correct form of the word from the alternative given below
- (A) Envelope
- (B) Certan
- (C) Uncertain
- (D) Conclud
Answer: (C)
58. What is the meaning of the word “Vituperation”.
- (A) Questionable
- (B) Resistance
- (C) Absurdity
- (D) Bitter criticism
Answer: (D)
59. What is the meaning of the word “Fallacy”.
- (A) Flaw
- (B) Cynic
- (C) Blunder
- (D) Truth
Answer: (C)
60. What is the meaning of the word “Clandestine”.
- (A) Secluded
- (B) Pungent
- (C) Gloomy
- (D) Secret
Answer: (D)
61. Under the doctrine of vicarious liability which one among the following is correct?
- (A) Principal is liable for the wrongful act of his agent.
- (B) Master is liable for the torts of his servant.
- (C) Partner are liable for each other’s wrongful act
- (D) All of the above are correct.
Answer: (D)
62. Transfer of property for the benefit of an unborn person can be made by
- (A) Creation of a prior interest in favour of a living person for any period
- (B) Vesting the right directly to the unborn.
- (C) Creation of a prior interest in favour of a living person till the existence of unborn person.
- (D) Either to the unborn or to a living person.
Answer: (C)
63. Which section of Uttar Pradesh Municipalities Act, 1916 empowers the State Government to dissolve the municipality.
- (A) Section 48
- (B) Section 31 * (A)
- (C) Section 30
- (D) None of the above
Answer: (C)
64. Which of the following is/are decree/s?
- (A) Order of abatement of a suit
- (B) Dismissal of appeal as time barred.
- (C) Dismissal of suit for want of evidence.
- (D) All of the above
Answer: (D)
65. Judge is defined as the presiding officer of a civil court under…………..of the code of civil procedure, 1908.
- (A) Section 2 (8)
- (B) Section 2 (4)
- (C) Section 2 (5)
- (D) Section 2 (2)
Answer: (A)
66. Principle of res judicata applies to……………
- (A) Suits only
- (B) Execution proceedings only
- (C) Arbitration proceedings only
- (D) Suits as well as execution proceedings
Answer: (D)
67. Which of the following has been specifically excluded from the definition of complaint under section 2 (d) of the Code of Criminal Procedure, 1973?
- (A) Protest petition
- (B) Joint complaint
- (C) Police report
- (D) None of the above
Answer: (C)
68. A Magistrate can issue summons to an accused the appear before a police officer. The statement is
- (A) True
- (B) False
- (C) Partly correct
- (D) None of the above
Answer: (B)
69. On the death of a sole proprietor, his heirs automatically become the partners of old firm. The statement is
- (A) True
- (B) False
- (C) Partly true
- (D) None of the above
Answer: (B)
70. Which of the following sections of the Indian Partnership Act bestows every partner with the authority of an agent?
- (A) Section 17
- (B) Section 18
- (C) Section 19
- (D) Section 20
Answer: (B)
71. ‘A’ offers ‘B’ lavish entertainment if ‘B’ paints his portrait.
- (A) Offer is valid since the work is specified
- (B) Offer is valid since the terms and identifiable
- (C) Offer is not valid since the terms and vague
- (D) None of the above
Answer: (C)
72. The definition of movable property under section 22 of the Indian Penal Code, 1860 excludes………………………
- (A) Land
- (B) Things attached to the earth
- (C) Things permanently fastened to anything which is attached to the earth
- (D) All of the above
Answer: (D)
73. Object of serving Iddat period if……………
- (A) To ascertain whether the woman is pregnant or not.
- (B) To ascertain the paternity of the child
- (C) Both * (A) and * (B)
- (D) None of the above
Answer: (C)
74. Minimum period for Muta Marriage is
- (A) One month
- (B) One year
- (C) Three month
- (D) No minimum period
Answer: (D)
75. Adoption is unknown to
- (A) Hindu Law
- (B) Muslim Law
- (C) Christian Law
- (D) None of the above
Answer: (B)
76. The element of malice
- (A) Is essential in all torts
- (B) Is not essential is any tort
- (C) Is essential in the torts of defamation and malicious prosecution
- (D) None of the above
Answer: (C)
77. If two suits between same parties involve same subject matter and same question then…………………..suit/s should be stayed.
- (A) Former
- (B) Subsequent
- (C) Both
- (D) None of the above
Answer: (B)
78. Under the provisions of Transfer of Property Act, the unborn child acquires vested interest.
- (A) Upon his birth
- (B) 7 days after his birth
- (C) 12 days after his birth
- (D) 18 days after his birth
Answer: (A)
79. In which of the following conditions the lease can be terminated
- (A) Efflux of time
- (B) On termination of lessor’s interest or power
- (C) On merger
- (D) All of the above
Answer: (D)
80. Who can be a guardian in minor’s marriage in Sunni Law?
- (A) Mother in the presence of father
- (B) Grand-mother in the presence of father
- (C) Maternal uncle in the presence of father
- (D) Father Question Number: 81-90
Answer: (D)
81. Which of the following Muslim Laws applies in India?
- (A) Muslim Penal Law
- (B) Muslim Law of Evidence
- (C) Muslim Law of Sales of goods
- (D) Muslim Women (Protection of Rights on Divorce) Act, 1986
Answer: (D)
82. Which of the following animals has the power of regeneration?
- (A) Frog
- (B) Lizard
- (C) Tortoise
- (D) Snake
Answer: (B)
83. Which section of Urban Planning and Development Act, 1973 mandates that after declaration of any area as development area under section 3 of the Act no development of land shall be undertaken or carried out unless permission for such development has been obtained in writing from the Vice Chairman.
- (A) Section 12
- (B) Section 14
- (C) Section 41
- (D) Section 15
Answer: (B)
84. What maximum penalty can be imposed in a non-continuing offence if any development has been made after declaration of the area as development area under section 3 of the Urban Planning and Development Act, 1973 without permission of Vice Chairman of the Authority?
- (A) Rs. Thirty Thousand
- (B) Rs. One Lac
- (C) Rs. Fifty Thousand
- (D) None of the above
Answer: (C)
85. Which Article of the Constitution provides for the enforcement of Uniform Civil Code.
- (A) 40
- (B) 45
- (C) 48
- (D) 44
Answer: (D)
86. Which Article of the Constitution provide benefit to minority institutions.
- (A) 19
- (B) 16
- (C) 15
- (D) 30
Answer: (D)
87. Which of the following cases is known as the ‘Nirbhaya Case’?
- (A) Mumbai rape case
- (B) Delhi gang rape
- (C) Mathura rape case
- (D) None of the above
Answer: (B)
88. According to the new companies act, 2013, what is the minimum number of person/s required to from a Private Limited Company ?
- (A) 1
- (B) 2
- (C) 3
- (D) 4
Answer: (A)
89. Under the Protection of Children from Sexual Offences Act, 2012 which came into force in November, 2012 ‘child’ means a boy or girl below the age of.
- (A) 15 years
- (B) 16 years
- (C) 17 years
- (D) 18 years
Answer: (D)
90. In which of the following recent cases did the constitution bench of the Supreme Court hold that Indian Courts have no jurisdiction over arbitral awards seated outside of India?
- (A) Bhatia International v. Bulk Trading
- (B) Bharat Aluminium Co. V Kaiser Aluminium Technical Service
- (C) Standard Chartered Bank V. HSBC
- (D) None of the above
Answer: (B)
91. Conditions and warranties in a contract may be
- (A) Express
- (B) Implied
- (C) Express or implied
- (D) None of the above
Answer: (C)
92. In which of the following cases, the Supreme Court held that ‘right to sleep’ is a fundamental right?
- (A) Naaz Foundation Case
- (B) In Re Ramlila Maiden Case
- (C) Anna Hazare Case
- (D) None of the above
Answer: (B)
93. Which of the fundamental rights was amended by the 97th Constitutional Amendment Act, 2011 which got the President’s assent on 12th January, 2012?
- (A) Right to Equality
- (B) Right to Freedom
- (C) Right to Life
- (D) None of the above
Answer: (B) 94. Transplantation of Human Organ (Amendment) Act, 2011 increased the publisher for illegal human organ and tissue transplantation to.
- (A) 7 years
- (B) 10 years
- (C) Life Imprisonment
- (D) None of the above
Answer: (B)
95. The Supreme Court has recently rule that OBC Students will qualify for admissions under the reserved category if they have……………percent less marks than the eligibility level fixed for the general category students.
- (A) 5
- (B) 10
- (C) 12
- (D) 15
Answer: (B)
96. The supreme court has held that prostitutes are entitled to a life of dignity under Article 21 of the Constitution. The statement is.
- (A) True
- (B) False
- (C) Partly Correct
- (D) None of the above
Answer: (A)
97. In case of customary rights, easements are……………..rights annexed to the place in general.
- (A) Private
- (B) Public
- (C) Customary
- (D) None of the above
Answer: (B)
98. The word ‘easement’ is defined in section………….of the Indian Easements Act, 1882
- (A) Section 2
- (B) Section 3
- (C) Section 4
- (D) Section 5
Answer: (C)
99. Which of the following sections of the Indian Easements Act, defines the term ‘customary easement’?
- (A) Section 15
- (B) Section 18
- (C) Section 22
- (D) Section 26
Answer: (B)
100. Expert opinion is relevant under section………………of the Indian Evidence Act.
- (A) Section 41
- (B) Section 43
- (C) Section 44
- (D) Section 45
Answer: (D)