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Note: Himachal Pradesh Judiciary Prelims Examination consists of three papers i.e. Civil Law-I, Civil Law-II and Criminal Law.
Himachal Pradesh Judiciary Prelims Examination 2019 | Civil Law - II
Time Allowed: 60 Minutes
Maximum Marks: 100
1. With reference to the Limitation Act, Match List I with List II and select the correct answer by using the codes given below the lists:
List I
a) Extension of prescribed period in certain cases
b) Effect of Fraud or Mistake
c) Effect of Acknowledgment in writing
d) Bar of Limitation
List II
(i) Section 3
(ii) Section 5
(iii) Section 17
(iv) Section 18
Codes:
a b c d
A. (ii) (iii) (iv) (i)
B. (i) (iii) (iv) (ii)
C. (i) (ii) (iii) (iv)
D. (ii) (iii) (i) (iv)
2. Statement I: Acquisition of easements by prescription has been provided under Section 25 of the limitation Act, 1963 which provides for use of light or air to and for any building without interruption and for 20 years.
Statement II: The right to such access and use of light or air shall be absolute and indefeasible.
Statement III: Each of the said periods of 20 years shall be taken to be a period ending within 3 years before the institution of the suit wherein the claim to which such period relates is contested.
Choose the correct statement:
(a) Only statements II & II are correct
(b) Only statements I & III are correct
(c) Only statements I & II are correct
(d) Only statements II & IV are correct
3. In case of suits relating to tort of trespass, the period of limitation for filing a suit for compensation is:
(a) One Year
(b) Two years
(c) Three Years
(d) Twelve years
4. Any suit for which no period of limitation has been prescribed elsewhere in the schedule under the Limitation Act, the limitation period shall be:
(a) Ninety Days
(b) Twelve Years
(c) Thirty Years
(d) Three Years
5. The following is/are the objective(s) of the Limitation Act:
Statement I: There should never be an end to litigation.
Statement II: Viglantibus Non Dormentibus Jura Subveniunt.
Statement III: It bars the judicial remedy but the substantive right itself survives and continues to be available in other ways.
Choose the correct option:
(a) Only I
(b) Only II and III
(c) Only III
(d) Only I & II
6. Choose the correct option:
As per Section 3 of the Limitation Act, in a suit instituted after the prescribed period of limitation, the plea of limitation may be:
(a) Waived by the defendant
(b) Cannot be ignored and such suit shall be dismissed.
(c) Waived by both the parties to the suit with consent
(d) Can be ignored by the Court
7. As per Section 14 (1) of the Limitation Act, provides for exclusion of time of proceeding bona fide in court without jurisdiction and as per the Explanation to this section, for the purposes of this section, in excluding the time during which a former civil proceeding was pending,
Choose the correct option:
(a) the day on which that proceeding was instituted and the day on which it ended shall both be counted
(b) Only the day on which that proceeding was instituted and not the day on which it ended shall both be counted
(c) Only the day on which it ended shall both be counted and not the day on which that proceeding was instituted
(d) Depends on the nature of the suit and facts of the case
8. Statement I: An agreement to which the consent of the promisor is freely given is not void merely because the consideration is inadequate.
Statement II: Inadequacy of the consideration may be taken into account by the court in determining the question whether the consent of the promisor was freely given. Choose the correct option:
(a) Only I is true
(b) Only II is true
(c) Both the statements are true
(d) Both the statements are false
9. As per Contract Act, 1872, Match List I with List II and select the correct answer by using the codes given below the lists:
List I
a) Mistake of Law
b) Consent
c) Undue Influence
d) Coercion
List II
(i) Section 13
(ii) Section 21
(iii) Section 15
(iv) Section 16
a b c d
A. (i) (ii) (iii) (iv)
B. (i) (iii) (iv) (ii)
C. (iv) (iii) (ii) (i)
D. (ii) (i) (iv) (iii)
10. Mr X is a dealer in coconut oil only. He agrees to sell to Ms Y 100 Litres of oil. Find out the best correct option out of the following as per the Indian Contract Act, 1872:
(a) The agreement between X & Y is void for uncertainty as per Section 29
(b) The agreement between X & Y is valid and not void for uncertainty as per Section 29
(c) The agreement is voidable since the essential ingredients of a contract are incomplete
(d) The agreement is not enforceable by law
11. Time of Performance of contract is provided under the following Section under the Indian Contract Act, 1872:
(a) Section 52
(b) Section 53
(c) Section 54
(d) Section 55
12. With reference to the Contract Act, 1872, Match List I with List II and select the correct answer by using the codes given below the lists:
List I
a) Hadley v Bexandale
b) Gajanan Moreshwar v. Moreshwar Madan
c) Dunlop Pneumatic Tyre v. New Garage & Motor Co. Ltd.
d) Krell v Henry
List II
(i) Liquidated Damages
(ii) Remoteness of Damages
(iii) Frustration
(iv) Indemnity
Codes:
a b c d
A. (iii) (iv) (ii) (i)
B. (ii) (iv) (i) (iii)
C. (i) (ii) (iii) (iv)
D. (i) (iv) (iii) (ii)
13. In case of non-fulfillment of the contractual obligations, only the parties to the contract can sue each other. This statement may be called as:
(a) Privity of Contract
(b) Privity of Consideration
(c) Quantum Meruit
(d) Uberrimafides
14. Ravi’s estate is sold for arrears of revenue under the provisions of an Act of the Legislature, under which the defaulter is prohibited from purchasing the estate. Shyam, upon an understanding with Ravi, becomes the purchaser and agrees to convey the estate to Ravi after receiving the purchase price paid from him. Decide:
(a) The agreement is valid and enforceable as both the consideration and object are lawful
(b) The agreement is void as it renders the transaction in effect, a purchase by the defaulter and would so defeat the object of the law
(c) The agreement is immoral and hence, void
(d) The agreement is voidable at the option of Ravi or Shyam
15. In the Contract Act, 1872, the provision about minor’s agreement is provided under the following:
(a) Section 9
(b) Section 10
(c) Section 11
(d) Section 12
16. Suman owes Rs.50,000 to Pushpa under a contract. It is agreed between Suman, Pushpa and Kusum that Pushpa shall accept Kusum as her debtor, instead of Suman. Find the correct option:
(a) The old contract between Suman & Kusum comes to an end and a new debt from Kusum to Pushpa is created as per Section 62 of the Contract Act
(b) The old contract between Suman & Kusum comes to an end and a new debt from Kusum to Pushpa is created as per Section 65 of the Contract Act
(c) There is no consideration and the new contract would be void under the Contract Act
(d) The original contract must be performed and such kind of alteration is not provided for under the Contract Act
17. Find the wrong statement with respect to creation of an Agency as per the provisions of the Contract Act:
(a) Agency can be created by express appointment
(b) Sometimes, the agency is created by the conduct of the parties
(c) Necessity may create the relationship of agency
(d) The subsequent ratification of any unauthorized act can never create relationship of agency
18. Revocation of acceptance under the Contract Act is provided under:
(a) Section 4
(b) Section 5
(c) Section 6
(d) Section 7
19. With reference to Doctrine of Lis Pendens, read the following:
(i) It refers to Fraudulent transfers
(ii) It imposes a prohibition on transfer or otherwise dealing of any property during the pendency of a suit provided the conditions laid down in the section are satisfied
(iii) It creates only a right to be enforced to avoid a transfer made pendent lite (iv) Such transfers are valid and not voidable.
Choose the best option:
(a) (i), (ii) and (iii) are correct.
(b) Only (ii) and (iii) and correct.
(c) Only (iii) and (iv) are correct
(d) (ii), (iii) & (iv) are correct
20. Purushottam transfers property X to Anupam for life and after Anupam’s death to Keshav & Vibhor, to be equally divided between them or to the survivors of them. Vibhor dies during the life of Anupam. However, Keshav survives Anupam. After Anupam’s death, decide about the property with reference to the Transfer of Property Act:
(a) The property X would pass to Keshav as per Section 24
(b) The transfer is invalid as per Section 10 since it cannot be divided as provided in the original alienation
(c) The disposition of property X cannot take place as per Section 28
(d) The disposition of property X can take place as per Sections 10 & 28
21. Match List I with List II and select the correct answer by using the codes given below the lists:
List I
a) Condition restraining alienation
b) Agreement to sell
c) Sale
d) Fraudulent Transfer
List II
(i) Right in rem
(ii) Section 10
(iii) Right in personam
(iv) Section 53
Codes:
a b c d
A. (iii) (iv) (ii) (i)
B. (i) (iii) (iv) (ii)
C. (ii) (iii) (i) (iv)
D. (iv) (iii) (i) (ii)
22. With reference to Transfer of Property Act, Ram Baran v. Ram Mohit AIR 1967 SC 747 is a case for:
(a) Nemo dat quod non habet
(b) Rule against Perpetuity
(c) Election
(d) Easements
23. Section 6 of Transfer of Property Act provides that property of any kind may be transferred except the following:
i) A mere right to sue
ii) A public office or salary of a public officer
iii) The chance of an heir-apparent succeeding to an estate
iv) An easement apart from the dominant heritage
Choose the correct combination:
(a) Only (i), (ii) and (iii) cannot be transferred
(b) Only (ii) (iii) and (iv) cannot be transferred
(c) All of (i), (ii), (iii) and (iv) can be transferred
(d) None of the above can be transferred.
24. In Transfer of Property Act Conditional Transfer is provided under the following section:
(a) Section 25
(b) Section 27
(c) Section 23
(d) Section 26
25. In a Mortgage under Transfer of Property Act, the mortgagor delivers possession of the mortgaged property to the mortgagee and authorizes him to retain such possession until payment of the mortgage money, and to receive the rents and profits accruing from the property. Identify the type of the mortgage:
(a) Usufructuary Mortgage
(b) English Mortgage
(c) Mortgage by conditional sale
(d) Simple Mortgage
26. Where, on a transfer of property, an interest therein is created in favour of a person without specifying the time when it is to take effect, or in terms specifying that it is to take effect forthwith or on the happening of an event which must happen, such interest is:
(a) Contingent Interest
(b) Vested Interest
(c) Perfect Interest
(d) Agreement to sell
27. Match the Columns:
Column I
a) Definition of Lease
b) Duration of Leases
c) Determination of Leases
d) Definition of Gift
Column II
(i) Section 122
(ii) Section 106
(iii) Section 111
(iv) Section 105
Choose the correct combination:
a b c d
A. (iii) (iv) (ii) (i)
B. (i) (iii) (iv) (ii)
C. (ii) (iii) (i) (iv)
D. (iv) (ii) (iii) (i)
28. Where a gift consists of the donor’s whole property, the donee is personally liable for all the debts due by the donor at the time of the gift to the extent of the property comprised therein. It may be described as:
(a) Onerous Gift
(b) Exchange
(c) Universal Donee
(d) Transfer of actionable claim
29. The period of Limitation to recover possession of immovable property mortgaged and afterwards transferred by the mortgagee for a valuable consideration is:
(a) Twelve Years
(b) Thirty Years
(c) Three Years
(d) One Year
30. For the purposes of the Limitation Act, 1963, the prescribed period means:
(a) The period of limitation prescribed for any suit, appeal or application by the Schedule
(b) The period of limitation computed in accordance with the provisions of this act
(c) Both A & B
(d) The period as prescribed in the agreement between the parties
31. The increase in standard rent under HP Urban Rent Control Act (HPURCA), 1987 shall be automatic and if there is any dispute between the landlord and the tenant in regard to any increase or decrease in rent under this section, such dispute shall be decided by the Controller. This has been provided under:
(a) Section 5 (1)
(b) Section 6 (1)
(c) Section 5 (3)
(d) Section 6 (3)
32. The ‘appointed day’ as per the definition provided in the HP Urban Rent Control Act, 1987, means and refers to:
(a) August 18, 1987
(b) November 17, 1971
(c) October 20, 1987
(d) February 28, 2012
33. The order of succession in the event of death of the person continuing in possession after the termination of his tenancy shall be his:
(a) Son/daughter/ both
(b) Spouse
(c) Parents
(d) Daughter-in-law
Choose the correct order:
(a) a, c, b, d
(b) a, c, d, b
(c) b, a, c, d
(d) b, a, d, c
34. With reference to the HP Urban Rent Control Act, Match List I with List II and select the correct answer by using the codes given below the lists:
List I
a) Deposit of rent by the tenant
b) Fine / premium not to be charged for grant, renewal, or continuance of tenancy
c) Cutting off or withholding essential supply or service
d) Landlord’s duty to keep the building or rented land ill good repairs
List II
(i) Section 21
(ii) Section 13
(iii) Section 11
(iv) Section 8
Codes:
a b c d
A. (iii) (iv) (ii) (i)
B. (i) (iii) (iv) (ii)
C. (i) (ii) (iii) (iv)
D. (i) (iv) (iii) (ii)
35. As per proviso to Section 7 HP Urban Rent Control Act, any agreement for the payment of any sum in addition to rent in excess of such standard rent, shall:
(a) Be binding on both the parties
(b) not exceed the prescribed threshold
(c) depend on the terms of the agreement since it’s a private affair between the parties
(d) Be null and void
36. Under HP Urban Rent Control Act, 1987, the controller shall fix the standard rent at ______% of the aggregate cost of construction and the market price of the land comprised in the premises on the date of commencement of the construction whole in case of non-residential building ______ %.
(a) 5 & 10
(b) 10 & 15
(c) 5 & 15
(d) 10 & 20
37. Where the Standard rent has been fixed under Section 4 of HP Urban Rent Control Act, 1987, no further increase or decrease in such rent shall be permissible for a period of ________.
(a) Three Years
(b) Five Years
(c) Seven Years
(d) Nine Years
38. For conversion of a residential building into a non-residential building, choose the correct option as per under HP Urban Rent Control Act:
(a) Section 12 states that the written permission of the Controller is required
(b) Section 13 states that the written permission of the Controller is required
(c) Section 12 states that the written permission of the Controller is required along with the State Government’s approval
(d) Section 12 states that the written permission of the Controller is required along with the State Government’s approval
39. Controller shall be deemed to be a magistrate for recovery of fine under the provision of HP Urban Rent Control Act, 1987
(a) Section 30
(b) Section 31
(c) Section 32
(d) Section 33
40. Statement I: If the landlord neglects or fails to make, within a reasonable time after receiving a notice in writing, any repairs which he is bound to make under Section 13 (1) HP Urban Rent Control Act, the tenant may make the same himself and deduct the expenses of such repairs from the rent.
Statement II: The amount so deducted in any year shall not exceed one-tenth of the rent payable by the tenant for that year.
(a) Both the statements are correct
(b) Only I is correct
(c) Only II is correct
(d) Both I and II are incorrect
41. With reference to the Hindu Marriage Act, 1955; Match List I with List II and select the correct answer by using the codes given below the lists:
List I
a) Incapacity to consent
b) Pre-Marriage Pregnancy
c) Impotency
d) Registration of Marriage
List II
(i) Section 12 (1) (a)
(ii) Section 12 (1) (d)
(iii) Section 12 (1)
(iv) Section 8
Codes:
a b c d
A. (iii) (ii) (iv) (i)
B. (i) (iii) (iv) (ii)
C. (iii) (ii) (i) (iv)
D. (i) (ii) (iii) (iv)
42. As per Hindu Marriage Act, two persons are said to be within the “degree of prohibited relationship” if:
Statement I: One is a lineal ascendant of the other.
Statement II: One was the wife or husband of a lineal ascendant or descendant of the other.
Statement III: Relationship includes illegitimate as well as legitimate blood relationship.
Choose the correct option:
(a) I, II and III
(b) Only I and II
(c) Only I and III
(d) Only II and III
43. Under Hindu Adoption and Maintenance Act, 1956, If the adoption is to be taken by a female and the person to be adopted is a male, the adoptive mother should be at least ____ years older than the person to be adopted:
(a) 18
(b) 19
(c) 20
(d) 21
44. As per Definition clause in the Hindu Succession Act, 1956, One person is said to be an “agnate” of another if the two are related by:
(a) Blood or adoption but not wholly through males.
(b) Blood or adoption but wholly through males.
(c) Half-Blood only
(d) Full Blood only
45. The Committee that evolved a Uniform Code of Hindu Law was presided over by:
(a) N Gopalaswamy Ayyangar
(b) Dr B R Ambedkar
(c) N Madhava Rau
(d) Sir Benegal Narsing Rau
46. Match List I and List II as per the provisions of maintenance under HAMA, 1956, and select the correct answer by using the codes given below the lists:
List I
a) Wife
b) Widowed Daughter-in-Law
c) Children and aged parents
d) Dependents
List II
(i) Section 20
(ii) Section 18
(iii) Section 19
(iv) Section 22
Codes:
a b c d
A. (ii) (iii) (i) (iv)
B. (iv) (iii) (ii) (i)
C. (iii) (ii) (i) (iv)
D. (i) (ii) (iii) (iv)
47. With reference to Hindu Adoptions and Maintenance Act, 1956, Choose the correct option about valid adoption:
(a) Once made it can be cancelled by mutual agreement between them
(b) It can never be cancelled by the adoptive father or mother or any other person but the adopted child can renounce his or her status as such and return to family of his birth
(c) It can never be cancelled by the adoptive father or mother or any other person nor can the adopted child renounce his or her status as such and return to family of his birth
(d) It would depend upon the facts and circumstances of the case
48. Welfare of minor to be paramount consideration has been provided in:
(a) Section 13 of the Hindu Minority and Guardianship Act, 1956
(b) Section 6 of the Hindu Marriage Act, 1955
(c) Section 6 of the Hindu Adoptions and Maintenance Act, 1956
(d) Section 6 of the Hindu Minority and Guardianship Act, 1956
49. Under Hindu Law, Geeta Jagdish Mangtany v Jagdish Mangtani AIR 2005 SC 3508 is a case of:
(a) Desertion
(b) Maintenance
(c) Adultery
(d) Insanity
50. Smt. Seema v Ashwani Kumar AIR 2006 SC 1158, the following issue has been discussed by the SC:
(a) Judicial Separation
(b) Saptapadi in Hindu Marriage
(c) Registration of Marriages
(d) Maintenance
Answer
1 B
2 A
3 A
4 B
5 C
6 D
7 A
8 B
9 C
10 B
11 D
12 A
13 B
14 B
15 D
16 B
17 A
18 B
19 A
20 B
21 B
22 D
23 C
24 B
25 C
26 B
27 A
28 C
29 C
30 A
31 B
32 D
33 B
34 D
35 C
36 A
37 B
38 B
39 C
40 D
41 D
42 A
43 C
44 B
45 A
46 C
47 D
48 B
49 B
50 A
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