Download Himachal Pradesh Judiciary Prelims Examination 2023 Solved Paper Pdf | Civil Law -II

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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 2023 | Civil Law - II

Time Allowed: 1 Hour
Maximum Marks: 100

1. As per the Transfer of Property Act, 1882, if the donee dies before acceptance of the gift, such gift is______ .

(A) Void

(B) Voidable

(D) Converted into will

2. Read the following statements and choose the correct option:

I. Statement I: Upon a transfer of property, an interest is created for the benefit of a person not then living, and he acquires a vested interest upon birth.

II. Statement II: Such a person is always entitled to enjoyment immediately upon birth.

Choose the correct option:

(A) Only Statement I is correct.

(B) Only Statement II is correct.

(D) Statement I is correct, but Statement II may not always be correct.

3. “Attested” in relation to an instrument means:

I. Attested by two or more witnesses.

II. Each witness has seen the executant sign or affix a mark to the instrument.

III. Each of the witness has signed the instrument in the presence of the executant.

IV. More than one witness shall have been present at the same time.

Choose the correct option:

(A) Only II and IV are correct.

(B) Only I, II, and III are correct.

(D) Only I and III are correct.

4. The doctrine of subrogation applies to__________.

(A) Lease

(B) Sale

(D) Gift

5. With reference to TPA 1882, match List I with List II and select the correct option:

List I

a. Transfer of property defined

b. Rule against perpetuity

c. Transfer by ostensible owner

d. Contingent interest

List II

(i) Sec. 14

(ii) Sec. 21

(iii) Sec. 41

(iv) Sec. 5

Options:

a b c d

(A) (iii) (i) (ii) (iv)

(B) (iv) (i) (ii) (iii)

(D) (iii) (iv) (i) (ii)

6. Under Section 10, TPA, transfer of property subject to a condition or limitation absolutely restraining the transferee from parting with his interest in the property, the condition or limitation is:

(A) Illegal

(B) Void

(D) Enforceable

7. Mr. Sukant transfers property X to Mr Kushal for Rs. 60 Lakh representing that he has a present interest therein, whereas he has, in fact, only a spes successionis. Kushal, however, has taken the transfer on the faith of that representation and for consideration. Kushal, in this case, is entitled to the benefit of the property X under the following provision of the Transfer of Property Act:

A. Sec. 43 as laid down in Jumma Masjid Mercara v. Kodia Manindra Deviah

B. Sec. 6(a) as laid down in Rajesh Kanta Roy v Shanti Devi

C. Sections 43 and Sec. 6(a) operate on two different grounds. Therefore, both would be applicable.

D. Sec. 11 as in Abdul Jabbar v. Venkata Shastri

8. Under TPA, Sale is a transfer of:

(A) Right to enjoy immovable property

(B) Right to enjoy movable property

(D) Ownership

9. A lease of immovable property from year to year is terminable, on the part of either lesser or lessee, by giving a notice of ___ days.

A. Thirty days

B. Six months

C. Sixty days

D. Three months

10. Which of the following is NOT true about the rule of lis pendens?

A. Any suit or proceeding should be pending in any court.

B. Any suit or proceeding should be pending in any court having authority.

C. The suit or proceeding pending may be collusive.

D. In the suit or proceeding, any right to immovable property should be directly in question.

11. 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) Effect of fraud or mistake

(b) Suit in forma pauperis

(d) Bar of limitation

List II:

i. Sec. 13

ii. Sec. 3

iii. Sec. 14

iv. Sec. 17

Codes:

a b c d

A. (iv) (i) (iii) (ii)

B. (iv) (ii) (iii) (i)

C. (i) (ii) (iii) (iv)

D. (iv) (i) (ii) (iii)

12. As per the definitions provided under the Limitation Act, 1963, which of the following options is correct?

(A) An application does not include a petition.

(B) An application includes a petition.

(D) Suit includes an application.

13. In the case of continuing breach of contract or in the case of a continuing tort, the Limitation Act provides as follows:

I. A fresh period of limitation begins to run every time during which the said breach or the tort continues.

II. The test is not whether the right is a continuing right but whether the wrong is a continuing wrong.

III. A continuing breach is different from successive breaches.

Choose the correct option:

A. Only I and II are correct.

B. Only II and III are correct.

C. Only I and III are correct.

D. All three are correct.

14. Where the prescribed period of limitation for any application or suit is expiring on a holiday, such application or suit may be made_______.

(A) On the day the court re-opens.

(B) A day prior to that holiday.

(D) Within 45 days of re-opening the court.

15. What would be the effect of acknowledgment of debt in writing by the defendant after the prescribed day of limitation?

A. Acknowledgement provides a fresh period of limitation.

B. Usually, the courts have discretion in such situations.

C. Such acknowledgement shall have no effect on limitation.

D. It may have an effect if the writing is clear in meaning.

16. Choose the correct option:

(A) The law of limitation is only substantive in nature.

(B) Limitation bars the judicial remedy.

(D) Limitation bars the extra-judicial remedy.

17. Any other application for which no limitation period is provided elsewhere, the period of limitation will be_______.

(A) Thirty years

(B) Twelve years

(D) Three years

18. The period of limitation for filing an application for review of a judgment by a court other than the Supreme Court is ___ days:

(A) 120

(B) 60

(D) 90

19. Assertion (A): Section 5 of the Limitation Act empowers the Court to admit a suit after the prescribed period if the plaintiff satisfies the Court that he had sufficient cause for not instituting the suit.

Reason (R): Even an appeal may be admitted after the prescribed period if the appellant shows sufficient cause for not preferring the appeal within the prescribed period.

(A) (A) is true but (R) is false.

(B) (A) is false but (R) is true.

(D) Both (A) and (R) are true, and (R) is the correct explanation of (A).

20. Read the following statements with regard to computing the period of limitation for an appeal or application:

Statement I: The day from which such period is to be reckoned shall be excluded.

Statement II: The day on which the judgment was pronounced and the time required for obtaining a copy of the decree or order shall be excluded.

Choose the correct option:

(A) Only Statement I is correct.

(B) Only Statement II is correct.

(D) Both are incorrect.

21. Which of the following is false:

(A) A contract is frustrated where the actual and specific subject matter of the contract has ceased to exist.

(B) A contract is not frustrated where the actual and specific subject matter of the contract has ceased to exist. It merely amounts to commercial hardship.

(D) A contract will be frustrated where circumstances arise that make the performance of the contract impossible in the manner contemplated.

22. When the promisor offers to perform his part of obligation to the promise, it is known as_______.

I. Performance

II. Part-Performance

III. Tender of Performance

IV. Offer of Performance

Choose the correct answer:

(A) (I) and (II) only

(B) (I) and (III) only

(D) (II) and (III) only

23. Under the Indian Contract Act, a minor’s agreement would have the same consequence as that of any:

(A) Religious Guru/Spiritual leader

(B) Drunken person who is under the influence of alcohol

(D) A person whose identity has been mistaken for someone else.

24. If a party to the contract, in the performance of his obligations, has done some work and the further performance has been rendered useless by the act of the other party, the party which performed the said obligation is entitled to recover reasonable compensation for that work done. The said doctrine is_______.

(a) Nudum Pactum

(b) Nemo dat quod non habet

(d) Quantum Meruit

25. Statement I: All illegal contracts are void but all void contracts are not illegal.

Statement II: All wagering agreements are void.

Choose the correct answer:

(A) Only Statement I is true

(B) Only Statement II is true

(D) Both I & II are true

26. As per section 35 of the Contract Act, a contingent contract based on the specified uncertain event not happening within a fixed time:

(A) Becomes void at the expiration of the time fixed.

(B) Becomes void if the happening of that event becomes impossible before the expiration of the time fixed.

(D) May be enforced even if the specified uncertain event does not happen within that fixed time.

27. In which of the following types of contracts, consideration is not necessary:

(A) Bailment

(B) Agency

(D) Pledge

28. 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) Carlill v. Carbolic Smoke Ball & Co.

(B) Tweedle v. Atkinson

(D) Krell v. Henry

List II:

(i) General offer

(ii) Privity of Contract

(iii) Communication

(iv) Frustration of Contract

Codes:

a b c d

A (i) (ii) (iii) (iv)

B (ii) (iii) (iv) (i)

C (iv) (iii) (i) (ii)

D (i) (iv) (iii) (ii)

29. While interpreting Standard Form Contracts, the Courts have been applying the doctrine of Contra Proferentum. The said doctrine refers to a legal doctrine in contract law which states_______.

A. that a promise is enforceable by law, even if made without formal consideration when a promisor has made a promise to a promisee and the promisee then relies on that promise to his subsequent detriment.

B. that the wrongful gain obtained by one party can be restored back to the party who is the rightful owner of the same

C. that if a person has gained benefit from another person and thereby causing loss to the other person, then the person who has gained is required to reimburse the plaintiff equal to the amount of benefit received by the defendant.

D. that any clause considered to be ambiguous in a contract should be interpreted against the interests of the party that created, introduced, or requested that a clause be included.

30. Arrange the following events in sequence in which they occur during the formation of a contract:

i. Offer is communicated.

ii. Counter-offer is made

iii. Offer is rejected.

iv. Counter-offer is accepted

A. (i), (iv), (iii), (ii)

B. (iv), (iii), (ii), (i)

C. (i), (iii), (ii), (iv)

D. (i), (ii), (iii), (iv)

31. Which of the following is not a non-residential building under the Himachal Pradesh Urban Rent Control Act (HPURCA), 1987:

(A) A building being used mainly for the purpose of business.

(B) A building being used mainly for the purpose of trade.

(C) A building let out for residential and non-residential purposes, separately, to more than one person, the portion thereof let out for the purpose of residence.

(D) A building being used partly for the purpose of business or trade and partly for the purpose of residence of the trader.

32. With reference to the HPURCA, match List I with List II and select the correct answer using the codes given below:

List I:

(A) Conversion of a residential building into a non-residential building.

(B) Bona fide requirement.

(D) Receipt to be given for fair rent.

List II:

(i) Sec. 14(3)

(ii) Sec. 12

(iii) Sec. 20

(iv) Sec. 15

Codes:

a b c d

A. (i) (ii) (iii) (iv)

B. (ii) (i) (iv) (iii)

C. (iv) (iii) (i) (ii)

D. (i) (iv) (iii) (ii)

33. Which of the following is not a “specified landlord” under HPURCA_______.

(A) A retired army personnel, who purchases a building after his retirement from military service.

(B) A person who is entitled to receive rent in respect of a building on his own account.

(D) A person who is holding a post in connection with the affairs of the Union or of a State.

34. As per Sec. 7 Proviso HPURCA, any agreement for the payment of any sum in addition to fair rent or any rent in excess of such fair rent shall_______.

(A) Be binding on both parties.

(B) Shall be null and void.

(D) Depend on the terms of the agreement as it is a private affair between the parties.

35. The Controller under HPURCA can exercise power of a magistrate for the following purpose_______.

(A) Validation.

(B) Recovery of fine.

(D) All of the above.

36. Which of the following statements are correct as per HPURCA:

I. The provisions of this Act shall not apply to any building or rented land owned by the Government.

II. The fair rent fixed under section 4 shall be operative from the date on which the application is filed under this section.

III. When the fair rent of a building or rented land has been fixed under section 4, decrease may be allowed in cases where there is a decrease or diminution in the accommodation or amenities provided.

(A) Only (I)

(B) Only (II)

(D) All are correct.

37. The deposit under Sec. 21 of HPURCA shall NOT be accompanied by an application by the tenant containing the following particulars_______.

(A) The building or rented land for which the rent is deposited with a description sufficient for identifying the building or rented land.

(B) The period for which the rent is deposited.

(D) The name and address of the landlord or the persons claiming to be entitled to such rent.

38. No rent deposited under section 21 of HPURCA shall be considered to have been validly deposited under that section, unless the deposit is made:

(I) Within thirty-one days of the time referred to in section 20 for payment of the rent.

(II) If the tenant wilfully makes any false statement in his application for depositing the rent.

Choose the correct option:

A. Only II

B. Only I

C. Both I & II D.

D. Both are false.

39. Any person aggrieved by an order passed by the Controller under HPURCA may prefer an appeal. Choose the correct option after reading the following statements:

i. Within fifteen days from the date of such order.

ii. Or such longer period as the appellate authority may allow for reasons to be recorded in writing.

iii. In computing the period of fifteen days, the time taken to obtain a certified copy of the order appealed against shall be excluded.

A. Only i

B. Only ii

C. Only iii

D. All i, ii and iii

40. In which of the following cases, increase in fair rent is NOT admissible_______.

(A) Alteration

(B) Improvement

(D) None of the above

41. Match List I and List II as per the provisions of maintenance under the Hindu Adoption and Maintenance Act, 1956, and select the correct answer using the codes given below the lists:

List I:

(a) Wife

(b) Widowed Daughter-in-Law

(d) Dependents

List II:

I. Sec. 20

II. Sec. 18

III. Sec. 19

IV. Sec. 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)

42. Under the Hindu Succession Act, 1956, the following is true for computation of degrees_______.

i. For the purpose of determining the order of succession among agnates or cognates, relationship shall be reckoned from the intestate to the heirs in terms of the degrees of ascent or descent or both.

ii. Only ascending generation would constitute a degree and not a descending one.

iii. Degrees of ascent and descent shall not be computed inclusive of the intestate.

A. All (i), (ii) and (iii) are true.

B. Only (ii) and (iii) are true.

C. Only (i) is true.

D. Only (i) and (ii) are true.

43. Once a decree for judicial separation has been passed under the Hindu Marriage Act, 1955, the couple can:

(A) Never cohabit together.

(B) Live together after the court rescinds the decree.

(D) Decide as per their choice.

44. Any marriage solemnized will be null and void as per the Hindu Marriage Act, 1955, if_______.

i. Either party has a spouse living at the time of marriage.

ii. Parties are not within the degrees of prohibited relationship if the custom or usage governing each of them permits a marriage between the two.

iii. Parties are not within the degrees of prohibited relationship if the custom or usage governing any of them permits a marriage between the two.

Choose the correct option:

A. Only (i) and (ii) are true.

B. Only (i) and (iii) are true.

C. Only (ii) and (iii) are true.

D. All (i), (ii) and (iii) are true.

45. The period prescribed in Section 13-B(2) of the Hindu Marriage Act, 1955 can be waived or reduced by the Supreme Court in exercise of its jurisdiction under Article 142 of the Constitution in view of settlement between the parties. The SC has the discretion to grant divorce on the ground of irretrievable breakdown of marriage by passing a decree of divorce by mutual consent, without being bound by the procedural requirement to move the second motion. This has been laid down very recently in the following SC judgment:

(A) Savitri Pandey v. Prem Chandra Pandey

(B) Munish Kakkar v. Nidhi Kakkar

(D) Shilpa Sailesh v. Varun Sreenivasan

46. T. Sareetha v. T. Venkata Subbaiah is a case relating to_______.

(A) Monogamy

(B) Inheritance

(D) Partition of property

47. Assertion (A): A bigamous marriage is void under Hindu Law.

Reason (R): A child born out of a void marriage is a legitimate child of his parents.

(A) Both A and R are true, and R is the correct explanation of A.

(B) Both A and R are true, but R is not the correct explanation of A.

(D) A is false but R is true.

48. A child who was in the womb at the time of the death of an intestate and who is subsequently born alive shall have_______.

I. The same right to inherit from the intestate as if he or she had been born before the death of the intestate, and the inheritance shall be deemed to vest in such a case with effect from the date of the death of the intestate.

II. Section 20 permits an interest being created for the benefit of an unborn person who acquires interest upon his birth.

III. Shall not have the same rights to inherit from the intestate as if he or she had been born before the death of the intestate, and the inheritance shall be deemed to vest in such a case with effect from the date of the death of the intestate.

(A) Only I

(B) Only II

(D) Both I&II

49. A guardian means a person having the care of a minor's person, property, or both, and includes:

I. A natural guardian

II. A guardian appointed by the will of the minor’s father or mother

III. A guardian appointed or declared by a court

IV. A person empowered to act as such by or under any enactment relating to any court of wards

(A) All are true

(B) Only I and III

(D) Only I, II, and III

50. A Hindu can dispose of his interest in a Mitakshara Coparcenary property by:

(A) Will

(B) Sale

(D) Any other than mentioned above.

Answer Keys

1. C

2. D

3. B

4. C

5. B

6. B

7. A

8. D

9. C

10. C

11. A

12. B

13. D

14. A

15. C

16. B

17. D

18. C

19. A

20. C

21. B

22. C

23. B

24. D

25. D

26. C

27. B

28. A

29. D

30. C

31. C

32. B

33. A

34. B

35. B

36. D

37. C

38. A

39. D

40. D

41. A

42. C

43. B

44. A

45. D

46. C

47. B

48. Scrapped

49. Scrapped

50. A

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Download Himachal Pradesh Judiciary Prelims Examination 2023 Solved Paper Pdf | Civil Law -II

Find Himachal Pradesh Judiciary Prelims Examination 2023 (Civil Law-II) Solved Paper on Legal Bites.

Himachal Pradesh Judiciary Prelims Examination 2023 | Civil Law - II

Answer Keys

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