Uttarakhand Civil Judge Solved Question Paper 2009

1. Adultery is an offence committed—

(A) With the consent of a married woman
(B) With the consent of a woman
(C) Without the consent of a woman but with the consent of her husband
(D) With the consent of a minor girl

Answer: (A)

2. Which one of the following Sections of the Transfer of Property Act defines “Transfer of Property” ?

(A) Section 3
(B) Section 4
(C) Section 5
(D) Section 6

Answer: (C)

3. Which one of the following sections of the Transfer of Property Act, defines ‘Notice’ ?

(A) Section 2
(B) Section 3
(C) Section 5
(D) Explanation II of Section 3

Answer: (B)

4. Which Section of the Code of Criminal Procedure provides that “no statement made by any person to a police officer if reduced to writing, be signed by the person making it” ?

(A) Section 161
(B) Section 162
(C) Section 163
(D) Section 164

Answer: (B)

5. A Chief Judicial Magistrate may pass a sentence of imprisonment—

(A) Not exceeding seven years
(B) Exceeding seven years
(C) For life
(D) None of the above

Answer: (A)

6. Which one of the following Sections of the Code of Criminal Procedure provides for anticipatory bail ?

(A) Section 436
(B) Section 438
(C) Section 439
(D) Section 437

Answer: (B)

7. Arrest of a person in execution of a decree has been provided—

(A) Under Section 53 of the Code of Civil Procedure
(B) Under Section 54 of the Code of Civil Procedure
(C) Under Section 56 of the Code of Civil Procedure
(D) Under Section 55 of the Code of Civil Procedure

Answer: (D)

8. Under Order VI Rule 17 of the Code of Civil Procedure, the court can allow to alter or amend the proceedings to—

(A) Either party
(B) To plaintiff only
(C) To defendant only
(D) To only one defendant, if there are more than one defendant

Answer: (A)

9. Which of the following Sections of the Code of Civil Procedure defines the ‘Mesne Profit’ ?

(A) Section 2(4)
(B) Section 2(14)
(C) Section 2(6)
(D) Section 2(12)

Answer: (D)

10. Order 42 of the Code of Civil Procedure deals with—

(A) Appeal to Supreme Court
(B) Appeal by indigent person
(C) Appeal against orders
(D) Appeal from appellate decrees

Answer: (D)

11. Preliminary Decree can be passed in a suit—

(A) For partition
(B) For partnership
(C) For possession and mesne profit
(D) All of the above

Answer: (D)

12. Under Section 15 of the Code of Civil Procedure, every suit shall be instituted in—

(A) District Court
(B) The court of lower grade
(C) The court of higher grade
(D) All of the above

Answer: (B)

13. Pleading has been defined in—

(A) Order VI, Rule 1 of the Code of Civil Procedure
(B) Order VI, Rule 2 of the Code of Civil Procedure
(C) Order VIII, Rule 1 of the Code of Civil Procedure
(D) Order VIII, Rule 2 of the Code of Civil Procedure

Answer: (A)

14. Which Provision of the Code of Civil Procedure provides that one person may sue or defend on behalf of all in same interest ?

(A) Order 1, Rule 1
(B) Order 2, Rule 2
(C) Order 1, Rule 8
(D) Order 1, Rule 9

Answer: (C)

15. Which one of the following authorities is not entitled to try a case summarily under the Code of Criminal Procedure ?

(A) Chief Judicial Magistrate
(B) Metropolitan Magistrate
(C) Judicial Magistrate of the First Class
(D) 2nd Class Judicial Magistrate

Answer: (D)

16. Which one of the following Sections of the Code of Civil Procedure deals with ‘Revision’ ?

(A) Section 110
(B) Order VI, Rule 13
(C) Section 115
(D) Section 120

Answer: (C)

17. Who can tender pardon to accomplice under Section 306 of the Code of Criminal Procedure ?

(A) Chief Judicial Magistrate only
(B) Metropolitan Magistrate only
(C) Magistrate of the First Class only
(D) All of the above

Answer: (D)

18. The procedure of trials held before the Court of Sessions is provided in the Code of Criminal Procedure under—

(A) Sections 204 to 210
(B) Sections 220 to 224
(C) Sections 225 to 237
(D) Sections 238 to 245

Answer: (C)

19. On being submitted the sentence of death by Court of Sessions, the High Court may—

(A) Confirm the sentence
(B) Annul the conviction
(C) May pass any other sentence warranted by law
(D) All of the above

Answer: (D)

20. Section 2(h) of the Code of Criminal Procedure defines the term—

(A) Investigation
(B) Charge
(C) Inquiry
(D) Offence

Answer: (A)

21. Which ‘Section’ of the Code of Criminal Procedure provides for prosecution for offences against marriage ?

(A) Section 196
(B) Section 197
(C) Section 198
(D) None of the above

Answer: (C)

22. Which one of the following cases is a case relating to Section 34 of the Indian Penal Code ?

(A) K. M. Nanavati Vs. State of Maharashtra
(B) Niharendu Dutta Vs. King Emperor
(C) Barendra Kumar Ghosh Vs. King Emperor
(D) Kedar Nath Vs. State of West Bengal

Answer: (C)

23. Which one of the following Provisions of the Indian Penal Code defiens ‘Unlawful Assembly’ ?

(A) Section 141
(B) Section 142
(C) Section 146
(D) Section 149

Answer: (A)

24. The maxim ‘Ignorantia facit excusat’ relates to—

(A) Section 75 of the Indian Penal Code
(B) Section 76 of the Indian Penal Code
(C) Section 77 of the Indian Penal Code
(D) None of the above

Answer: (B)

25. Which Provision of the Indian Penal Code says, “nothing is an offence which is done by accident” ?

(A) Section 79 of I.P.C.
(B) Section 78 of I.P.C.
(C) Section 80 of I.P.C.
(D) None of the above

Answer: (C)

26. Which one of the following Sections of the Indian Penal Code has been declared unconstitutional as violative of Articles 14 and 21 of the Constitution of India ?

(A) Section 301
(B) Section 303
(C) Section 306
(D) Section 314

Answer: (B)

27. Which one of the following Sections of the Indian Penal Code relates to punishment for abetment to commit suicide ?

(A) Section 306
(B) Section 307
(C) Section 308
(D) Section 309

Answer: (A)

28. Which one of the following cases is not correctly matched ?

(A) Mc’Naughten’s case—Section 84 of I.P.C.
(B) D.P.P. V. Beard—Section 84 of I.P.C.
(C) Basudeo V. State—Section 86 of I.P.C.
(D) Bhawoo Jiwaji V. Mooljee Dayal —Section 79 of I.P.C.

Answer: (B)

29. How many kinds of hurts are included under grevious hurt under Section 320 of the Indian Penal Code ?

(A) 5
(B) 6
(C) 7
(D) 8

Answer: (D)

30. Which one of the following Sections of the Indian Penal Code relates with punishment for cheating ?

(A) Section 415
(B) Section 417
(C) Section 416
(D) None of the above

Answer: (B)

31. Which Provision of the Indian Penal Code makes water pollution punishable ?

(A) Section 277
(B) Section 278
(C) Section 279
(D) Section 280

Answer: (A)

32. In which of the following offences under the Indian Penal Code, preparation of the offence is punishable ?

(A) Murder
(B) Dowry death
(C) Waging war against Government of India
(D) Theft

Answer: (C)

33. How many exceptions have been provided for the offence of defamation under Section 499 of the Indian Penal Code ?

(A) 4
(B) 10
(C) 6
(D) 9

Answer: (B)

34. The case of S. Varadrajan Vs. State related to—

(A) Section 366-A of I.P.C.
(B) Section 364-A of I.P.C.
(C) Section 363 of I.P.C.
(D) None of the above

Answer: (C)

35. Which one of the following cases relates to right of private defence ?

(A) Jaidev Vs. State
(B) Ram Rattan Vs. State
(C) Guljar Singh Vs. State
(D) Rajesh Kumar Vs. Dharamveer

Answer: (A)

36. ‘A’ enters ‘Z’ house through a window. Here ‘A’ commits—

(A) Trespass
(B) House trespass
(C) House breaking
(D) All of the above

Answer: (C)

37. Which one of the following cases is not related to Mens rea ?

(A) R. Vs. Prince
(B) Queen Vs. Tolson
(C) Sherras Vs. De Rutzen
(D) Barendra Kumar Ghosh Vs. Emperor

Answer: (D)

38. Which Section of the Indian Penal Code deals with those conditions, when consent is said to be, not free consent ?

(A) Section 87
(B) Section 90
(C) Section 92
(D) Section 89

Answer: (B)

39. Point out incorrect response. The following are modes of abetment—

(A) Instigation
(B) Engaging in conspiracy
(C) Aiding
(D) None of the above

Answer: (D)

40. In which of the following cases the principles relating to the defence of intoxication were laid down ?

(A) Mc’ Naughten Case
(B) Director of Public Prosecution Vs. Beard
(C) R. Vs. Dudley and Stephen
(D) R. Vs. Prince

Answer: (B)

41. ‘A’ administers poisonous drug to a woman ‘B’ to cause miscarriage. It is found that ‘B’ was not pregnant. In this case—

(A) ‘A’ is not guilty of attempt to cause miscarriage
(B) ‘A’ is guilty of attempt to cause miscarriage
(C) ‘A’ is guilty of murder
(D) ‘A’ is guilty of no offence

Answer: (B)

42. Under the following which is absolute incapacity for marriage?

(A) Consanguinity
(B) Affinity
(C) Fosterage
(D) All the above

Answer: (D)

43. Which is a relative incapacity for marriage ?

(A) Marriage with wife’s sister when wife is alive
(B) Marriage with fifth woman in the presence of four wives
(C) Absence of required number of witnesses at the time of marriage
(D) All the above

Answer: (D)

44. Mahar-e-Misl determined on what ground ?

(A) Personal characteristics of wife such as age, extraordinary beauty
(B) Her father’s family social status
(C) Dower paid to women in her husband’s family
(D) All the above

Answer: (D)

45. What are the wife’s rights when husband does not pay the dower ?

(A) Refuse consummation
(B) File suit for recovery of dower
(C) Keep possession over dead husband’s property
(D) All the above

Answer: (D)

46. In the absence of mother, which of the following females has the first priority to have the custody of a Muslim child ?

(A) Father’s mother
(B) Mother’s mother
(C) Sisters
(D) Maternal aunt

Answer: (B)

47. A Muslim can marry any number of wives not exceeding four, if a Muslim marries a fifth wife such a marriage shall be—

(A) Valid
(B) Void
(C) Irregular
(D) Either (A) or (B)

Answer: (C)

48. In Sunni-te Law, the guardian of the minor’s property is—

(A) Mother
(B) Father
(C) Mother’s mother
(D) Father’s father

Answer: (B)

49. Which Section of the Code of Criminal Procedure provides a protection to the members of Armed Forces from arrest ?

(A) Section 41
(B) Section 45
(C) Section 46
(D) Section 50

Answer: (B)

50. In a summary trial the maximum period of imprisonment is—

(A) Not exceeding three months
(B) Not exceeding six months
(C) Not exceeding one year
(D) Not exceeding two years

Answer: (A)

51. Which of the following are liable under Section 125(1) (D) of the Code of Criminal Procedure for payment of maintenance to their parents, who are unable to maintain themselves ?

(A) Sons only
(B) Daughters only
(C) Sons and daughters both
(D) None of the above

Answer: (C)

52. Section 2 (C) of the code of Criminal Procedure defines—

(A) Bailable offence
(B) Non-bailable offence
(C) Cognizable offence
(D) Non-cognizable offence

Answer: (C)

53. After divorce a Muslim woman—

(A) Can not remarry
(B) Can remarry immediately
(C) Can marry only after completion of ‘Iddat’ period
(D) None of the above

Answer: (C)

54. How many witnesses are necessary in Shia Muslim marriage ?

(A) Two males
(B) One male and two females
(C) No witness is required
(D) Both (A) and (B)

Answer: (C)

55. In which of the following cases some important principles regarding the defence of unsoundness of mind were propounded ?

(A) Mc’Naughten Case
(B) R. V. Prince
(C) R. V. Dudley and Stephen
(D) Reg V. Govinda

Answer: (A)

56. Which one of the following Sections of the Indian Penal Code defines ‘affray’ ?

(A) Section 159
(B) Section 160
(C) Section 161
(D) Section 148

Answer: (A)

57. ‘A’ attempts to pick the pocket of ‘Z’ by thrusting his hand into ‘Z’s’ pocket. ‘A’ fails in his attempt as ‘Z’ had nothing in his pocket. What offence ‘A’ has committed ?

(A) Theft
(B) Attempt to commit theft
(C) Mischief
(D) No offence

Answer: (B)

58. Which one of the following provisions of the Indian Penal Code relates to vicarious liability ?

(A) Section 120A
(B) Section 121
(C) Section 154
(D) Section 159

Answer: (C)

59. Under Section 30 of the Hindu Succession Act, 1956, a Hindu can dispose of his interest in a Mitakshara Coparcenary property by—

(A) Will
(B) Gift
(C) Sale
(D) None of the above

Answer: (A)

60. Presumption that the younger survived the elder under Section 21 of the Hindu Succession Act, 1956 is a—

(A) Presumption of fact
(B) Mixed presumption of fact and law
(C) Rebuttable presumption of law
(D) Irrebuttable presumption of law

Answer: (C)

61. Rule 2 under Section 10 of the Hindu Succession Act, 1956 is a—

(A) Per capita rule
(B) Per stirpes
(C) Per stirpes per capita rule
(D) Rule of exclusion

Answer: (A)

62. A decree may be executed by—

(A) Tehsildar
(B) Collector
(C) District Judge
(D) Either by the court which passed it or to which it is sent

Answer: (D)

63. On which of the following maxim the doctrine of ‘Res Judicata’ is based ?

(A) Qui facit per alium facit per se
(B) Ex turpi causa non oritur actio
(C) Respondent superior
(D) Interest republic ut sit finish litium

Answer: (D)

64. Right to lodge a ‘caveat’ has been provided under—

(A) Section 148 of the Code of Civil Procedure, 1908
(B) Section 148-A of the Code of Civil Procedure, 1908
(C) Section 148-B of the Code of Civil Procedure, 1908
(D) Section 147 of the Code of Civil Procedure, 1908

Answer: (B)

65. In Shia School of Muslim Law the amount of Mehar is—

(A) Not legally fixed
(B) 10 dirhams
(C) 100 dirhams
(D) 500 dirhams

Answer: (A)

66. Doctrine of ‘cy-pres’ is related with—

(A) Marriage
(B) Dower
(C) Gift
(D) Wakfs

Answer: (D)

67. The term ‘Musha’ under Muslim Law means—

(A) Divided property
(B) Joint property
(C) Separate property
(D) Undivided share in property

Answer: (D)

68. A Sunni Muslim performs marriage during the period of ‘Iddat’, the marriage is—

(A) Void
(B) Valid
(C) Irregular
(D) Voidable

Answer: (C)

69. A Muslim mother is entitled to the custody of her female child until she attains—

(A) The age of 7 years
(B) Puberty
(C) Age of 11 years
(D) Age of 15 years

Answer: (B)

70. Dissolution of Muslim marriage by agreement is known as—

(A) Talaq in ahsan
(B) Illa
(C) Zihar
(D) Khula

Answer: (D)

71. Which ‘Wasiyat’ is invalid in Muslim Law ?

(A) Wasiyat made in favour of religious school
(B) Wasiyat made to the killer of legator
(C) Wasiyat made for charity
(D) Wasiyat made to a non-muslim

Answer: (B)

72. Which of the following is not a ground of divorce under the ‘Dissolution of Muslim Marriage Act’, 1939 ?

(A) Absence of husband for four years or more
(B) Imprisonment of husband for two years
(C) Failure of husband to maintain his wife
(D) Impotency of husband

Answer: (B)

73. If parties to a Hindu marriage are sapinda to each other, the marriage is—

(A) Void
(B) Voidable
(C) Valid
(D) None of the above

Answer: (A)

74. A Hindu married woman of 32 years of age adopts a male child of 8 years with the consent of her husband. The adoption is—

(A) Valid
(B) Not valid
(C) Voidable at the option of husband
(D) None of the above

Answer: (B)

75. A Hindu dies intestate leaving behind two sons, one daughter and widow. His property shall devolve to—

(A) Sons only
(B) Sons and daughter only
(C) Widow only
(D) Sons, daughter and widow all

Answer: (D)

76. Which of the following statement is not correct with regard to Muslim Law ?

(A) Nephew gets twice the share of niece
(B) Son gets twice the share of a daughter
(C) Brother gets twice the share of a sister
(D) Widower gets twice the share of a widow

Answer: (A)

77. What is right of ‘Pre-emption’ ?

(A) A right to seek eviction of tenant and get vacant possession
(B) A right to purchase property in preference to other person
(C) A right to presume adversely
(D) None of the above

Answer: (B)

78. Rule against perpetuity will not be applicable in—

(A) Perpetual transfer for gift
(B) Personal contracts
(C) Vested interest
(D) All of the above

Answer: (D)

79. 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 years after his birth

Answer: (A)

80. The Privy Council decision in Tilakdhari Lal V. Khedan Lal relates to—

(A) Section 3 of the Transfer of Property Act
(B) Section 41 of the Transfer of Property Act
(C) Section 107 of the Transfer of Property Act
(D) Section 122 of the Transfer of Property Act

Answer: (A)

81. Which one of the following is not correctly matched ?

(A) Oral transfer—Section 9 of the Transfer of Property Act
(B) Rule against perpetuity—Section 14 of the Transfer of Property Act
(C) Doctrine of election—Section 35 of the Transfer of Property Act
(D) Transfer by Ostensible Owner—Section 40 of the Transfer of Property Act

Answer: (D)

82. Which one of the following Provisions of the Transfer of Property Act relates to ‘usufructuary mortgage’ ?

(A) Section 58 (a)
(B) Section 58 (b)
(C) Section 58 (d)
(D) Section 58 (e)

Answer: (C)

83. Which one of the following cases does not pertain to the doctrine of ‘part performance’ ?

(A) Arrif Vs. Jadu Nath
(B) Prabodh Kumar Vs. Dantmara Tea Co.
(C) Sardar Govind Rao Mahadik Vs. Devi Sahai
(D) Ram Baran Prasad Vs. Ram Mohit Hazra

Answer: (D)

84. Which Provisions of the Transfer of Property Act defines ‘lease’ ?

(A) Section 105
(B) Section 106
(C) Section 107
(D) Section 108

Answer: (A)

85. The provision of fraudulent transfer is given in—

(A) Section 49 of the Transfer of Property Act, 1882
(B) Section 50 of the Transfer of Property Act, 1882
(C) Section 51 of the Transfer of Property Act, 1882
(D) Section 53 of the Transfer of Property Act, 1882

Answer: (D)

86. The gift of future property is—

(A) Void
(B) Voidable
(C) Valid
(D) Conditionally void

Answer: (A)

87. Which Section of the Transfer of Property Act, 1882 was amended in the year 2002 ?

(A) Section 106
(B) Section 100
(C) Section 108
(D) Section 110

Answer: (A)

88. The rule of lis pendens applies when—

(A) The suit or proceeding in which right to immovable property is indirectly in question
(B) A suit or proceeding in which right to immovable property is pending between two persons and one of them sells the property
(C) The suit or proceeding is pending in a court which does not have jurisdiction
(D) Litigation is not bonafide but collusive

Answer: (B)

89. Transfer of Property Act came into force on—

(A) July 01, 1882
(B) August 01, 1882
(C) September 01, 1882
(D) October 01, 1882

Answer: (A)

90. In the Transfer of property Act, immovable property does not include—

(A) Building
(B) Land
(C) Pond
(D) Standing timber

Answer: (D)

91. Which of the following properties cannot be transferred ?

(A) Share in copyright
(B) Interest in mortgaged property
(C) Right to future maintenance
(D) Immovable property

Answer: (C)

92. Which of the following sections of the Transfer of Property Act deals with “effect of holding over a lease” ?

(A) Section 114 A

(B0 Section 115

(C) Section 115 A
(D) Section 116

Answer: (D)

93. 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 the above

Answer: (D)

94. The doctrine of “lis pendens” is explained in famous case of —

(A) Bellamy Vs. Sabine
(B) Musahur Sahu Vs. Hakim Lal
(C) Muhammad Shafi Vs. Muhammad Sayed
(D) Tulk V. Moxhay

Answer: (A)

95. Transfer of a right to enjoy the immovable property for a certain time is—

(A) Mortgage
(B) Agreement to lease
(C) Licence
(D) Lease

Answer: (D)

96. In case of gift, the donee dies before acceptance, then—

(A) Gift is voidable
(B) Gift is valid
(C) Gift is void
(D) None of the above

Answer: (C)

97. The mortgagor’s right to redeem the mortgaged property accrues—

(A) At any time after the mortgage
(B) At any time after the mortgage money has become due
(C) At any time when the mortgagor wants
(D) At any time mortgagee demands the money

Answer: (B)

98. Which one of the following mortgages does not require writing and registration ?

(A) Usufructuary mortgage
(B) Simple mortgage
(C) English mortgage
(D) Mortgage by deposit of title deeds

Answer: (D)

99. Which of the following is included in the term ‘living person’ under Section 5 of the Transfer of Property Act ?

(A) A company
(B) An association
(C) Body of individuals
(D) All of the above

Answer: (D)

100. Section 11 of the Transfer of Property Act will be applicable only when the interest transferred in the property is—

(A) Limited
(B) Absolute
(C) Both (A) and (B)
(D) None of the above

Answer: (B)

101. Which is the secondary source of Muslim Law under the following ?

(A) Custom
(B) Ijmaa
(C) Qiyas
(D) None of the above

Answer: (A)

102. Which of the following modifies the application of Muslim Law ?

(A) Shariat Act, 1937
(B) Muslim Marriage Dissolution Act, 1939
(C) Muslim Woman (Protection of Rights on Divorce) Act, 1986
(D) All the above

Answer: (D)

103. 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)

104. Who applied Qiyas for the first time as source of Muslim Law ?

(A) Imam Abu Hanifa
(B) Imam Yusuf
(C) Imam Jafer
(D) Imam Ahmad

Answer: (A)

105. Under Muslim Law, marriage is—

(A) An institution legalising male and female conjugal relations
(B) A civil contract
(C) Sunnet
(D) All the above

Answer: (D)

106. 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 mother
(C) Maternal uncle in the presence of real uncle
(D) Father

Answer: (D)

107. Which statement is not correct ?

(A) Some facts are relevant but not admissible
(B) Some facts are admissible but not relevant
(C) All relevant facts are admissible
(D) All admissible facts are not relevant

Answer: (C)

108. Which Section of the Indian Evidence Act is not on ‘shifting of burden of proof’ ?

(A) Section 101
(B) Section 102
(C) Section 105
(D) Section 108

Answer: (A)

109. Which Section of the Indian Evidence Act is related with doctrine of ‘Res ipsa loquitor’ ?

(A) Section 102
(B) Section 104
(C) Section 106
(D) Section 108

Answer: (C)

110. ‘Dayabhaga’ is authored by—

(A) Vijnaneshwara
(B) Yagyavalkya
(C) Jimutavahana
(D) None of the above

Answer: (C)

111. Vijnaneshwara is a famous commentator of—

(A) Manu Smriti
(B) Narad Smriti
(C) Yagyavalkya Smriti
(D) None of the above

Answer: (C)

112. In regard to a Hindu marriage, ‘Sapinda relationship’ of any person is counted upto—

(A) Fifth generation in the line of ascent through father only
(B) Third generation in the line of ascent through mother only
(C) Both * (A) and (B)
(D) None of the above

Answer: (C)

113. Pre-martial relation of a spouse is a statutory ground for—

(A) Judicial separation
(B) Divorce
(C) Nullity of marriage
(D) None of the above

Answer: (D)

114. A Hindu male of 28 years of age adopts a female child of 13 years of age. The adoption is—

(A) Valid
(B) Voidable
(C) Illegal
(D) Void

Answer: (D)

115. Order of succession under the Hindu Succession Act of a male Hindu dying intestate is as follows—

(A) Agnates, Cognates, Class I heirs, Class II heirs
(B) Cognates, Agnates, Class I heirs, Class II heirs
(C) Class I heirs, Class II heirs, Agnates, Cognates
(D) Class I heirs, Class II heirs, Cognates, Agnates

Answer: (C)

116. Provisions of Section 24 of the Hindu Marriage Act, 1955 corresponds to—

(A) Section 36 of the Special Marriage Act, 1954
(B) Section 36 of the Indian Divorce Act, 1869
(C) Both (A) and (B)
(D) None of the above

Answer: (C)

117. Consent theory of divorce was introduced in the Hindu Marriage Act, 1955 in the year—

(A) 1979
(B) 1976
(C) 1964
(D) 1956

Answer: (B)

118. “A person is not disqualified from succeeding to any property on the ground of any disease, defect or deformity” is provided under—

(A) Section 28 of the Hindu Succession Act, 1956
(B) Section 29 of the Hindu Succession Act, 1956
(C) Section 30 of the Hindu Succession Act, 1956
(D) None of the above

Answer: (A)

119. Which one of the following Sections of the Hindu Marriage Act, 1955 deals with “Restitution of Conjugal Rights” ?

(A) Section 5
(B) Section 9
(C) Section 10
(D) Section 11

Answer: (B)

120. Under Hindu Succession Act, 1956, who amongst the following is not in Class I heir ?

(A) Father
(B) Mother
(C) Son
(D) Daughter

Answer: (A)

121. Under Mitakshara School Coparcenary interest devolves by—

(A) Representation
(B) Survivorship
(C) Obstructed heritage
(D) Unobstructed heritage

Answer: (B)

122. Under the Hindu Adoption and Maintenance Act, 1956, which of the following is not entitled to adopt ?

(A) An unmarried person
(B) Husband with the consent of wife
(C) Wife who is divorced
(D) Husband without the consent of wife

Answer: (D)

123. Under which Section of the Hindu Marriage Act, 1955, the provision relating to registration of marriage is given ?

(A) Section 8
(B) Section 7
(C) Section 6
(D) Section 5

Answer: (A)

124. Under which Section of the Hindu Marriage Act, 1955, husband and wife may file a petition of divorce by mutual consent ?

(A) Section 13–A
(B) Section 13–B
(C) Section 14
(D) Section 9

Answer: (B)

125. Which one of the following Sections of the Indian Evidence Act provides for admissibility of secondary evidence ?

(A) Section 60
(B) Section 61
(C) Section 63
(D) Section 65

Answer: (D)

126. Which one of the following Sections of the Indian Evidence Act says “facts admitted need not be proved” ?

(A) Section 18
(B) Section 21
(C) Section 55
(D) Section 58

Answer: (D)

127. Section 113-B, ‘presumption as to dowry death’ was added to the Indian Evidence Act in—

(A) 1986
(B) 1983
(C) 1961
(D) 1962

Answer: (A)

128. Which one of the following is not correctly matched ?

(A) Child witness : Section 118
(B) Dumb witness : Section 120
(C) Hostile witness : Section 154
(D) Expert witness : Section 45

Answer: (B)

129. The illustration that, “A and B are jointly tried for the murder of C. It is proved that A said, ‘B and I murdered C’,” relates—

(A) Section 30 of the Indian Evidence Act
(B) Section 24 of the Indian Evidence Act
(C) Section 25 of the Indian Evidence Act
(D) Section 27 of the Indian Evidence Act

Answer: (A)

130. Identification parade is relevant under—

(A) Section 8 of the Indian Evidence Act
(B) Section 9 of the Indian Evidence Act
(C) Section 10 of the Indian Evidence Act
(D) Section 11 of the Indian Evidence Act

Answer: (B)

131. Which of the following Sections was amended by the Indian Technology Act, 2000 ?

(A) Section 6 of the Indian Evidence Act
(B) Section 17 of the Indian Evidence act
(C) Section 32 of the Indian Evidence Act
(D) Section 41 of the Indian Evidence Act

Answer: (B)

132. Section 113–A of the Indian Evidence Act was added in—

(A) Year 1982
(B) Year 1983
(C) Year 1988
(D) Year 1980

Answer: (B)

133. The Indian Evidence Act deals with—

(A) ‘presumptio juris’ only
(B) ‘presumptio huminis’ only
(C) Both (A) and (B)
(D) None of the above

Answer: (C)

134. Indian Evidence Act deals privilege—

(A) As a right only
(B) As a duty only
(C) As a right and duty both
(D) Neither as a right nor as a duty

Answer: (C)

135. Facts supporting or rebutting the opinion of the experts are relevant under—

(A) Section 45 of the Indian Evidence Act
(B) Section 46 of the Indian Evidence Act
(C) Section 50 of the Indian Evidence Act
(D) Section 51 of the Indian Evidence Act

Answer: (B)

136. Which one of the following cases does not relate to ‘dying declaration’ ?

(A) Queen Emperess V s . Abdullah
(B) Pakala Narayan Swamy Vs. King Emperor
(C) Zafar Vs. State of U.P.
(D) Ratangond Vs. State of Bihar

Answer: (C)

137. Case of Pakala Narayan Swami Vs. King Emperor is related with—

(A) Section 6 of the Indian Evidence Act
(B) Section 21(1) of the Indian Evidence Act
(C) Section 32(1) of the Indian Evidence Act
(D) Section 41 of the Indian Evidence Act

Answer: (C)

138. Who amongst the following is an expert under the Indian Evidence Act ?

(A) Hand-writing expert
(B) Finger print expert
(C) Ballistics expert
(D) All of the above

Answer: (D)

139. Under which Section of the Indian Evidence Act the principle of ‘Res Gestae’ is given ?

(A) Section 12
(B) Section 6
(C) Section 2
(D) Section 15

Answer: (B)

140. Under Section 17 of the Indian Evidence Act, the ‘admission’ is—

(A) Written only
(B) Oral only
(C) Both written or oral
(D) None of the above

Answer: (C)

141. Which of the following Sections of the Indian Evidence Act relates to accomplice ?

(A) Section 30
(B) Section 133
(C) Section 134
(D) Section 29

Answer: (B)

142. Under Section 122 of the Indian Evidence Act, ‘privilege’ is available to—

(A) Judges
(B) Advocates
(C) Magistrates
(D) Husband and Wife

Answer: (D)

143. In which of the following cases hearsay evidence is not admissible ?

(A) Statement of experts expressed in treaties, if the author is dead or cannot be found
(B) Where eye-witness told the facts to another person, statement of that person
(C) If the statement is of a deceased person, when it related to cause of his death
(D) If the statement is part of the transaction-in-issue

Answer: (B)

144. Which one of the following is not a document under the Indian Evidence Act ?

(A) An inscription on a stone of a building
(B) A photograph
(C) A printout of a message sent through mobile or computer
(D) A knife recovered by police from the possession of an accused and produced in the court

Answer: (D)

145. Which Section of the Indian Evidence Act provides that contents of the document must be proved by primary evidence ?

(A) Section 61
(B) Section 62
(C) Section 63
(D) Section 64

Answer: (D)

146. A Hindu couple having the decree of judicial separation wants to live together—

(A) They can live together
(B) They cannot live together
(C) They can live together after re-marriage
(D) They can live together only after the permission of the court

Answer: (A)

147. ‘A’, a Hindu male, having undivided interest in a Mitakshara Coparcenary property dies leaving behind two sons and one daughter. The daughter is entitled to the following share in the property—

(A) 1/3
(B) 1/4
(C) 1/9
(D) None of the above

Answer: (A)

148. Hindu law does not apply to a person who is a Hindu by—

(A) Birth
(B) Conversion
(C) Re-conversion
(D) None of the above

Answer: (D)

149. Who is a Hindu among following ?

(A) A legitimate child of Sikh male and Jain female
(B) An illegitimate child of Sikh male and Jain female
(C) An illegitimate child of Hindu male and Parsi female and who was brought up as a Hindu
(D) All of the above

Answer: (D)

150. Which Section of the Indian Evidence Act deals with “Doctrine of confirmation by subsequent facts” ?

(A) Section 27
(B) Section 115
(C) Section 102
(D) Section 165

Answer: (A)

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Uttarakhand Civil Judge Solved Question Paper 2009

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