Haryana Judiciary — Prelims 2011

Correct answer: A

The Directive Principles of State Policy (Part IV) were borrowed from the Constitution of Ireland (which itself drew on the Spanish Constitution).

Correct answer: B

Per Kesavananda Bharati v. State of Kerala (1973) and LIC v. Manubhai Shah, the Preamble is a part of the Constitution and reflects its basic structure.

Correct answer: D

In Behram Khurshid Pesikaka and Basheshar Nath v. CIT, the Supreme Court held a citizen may waive fundamental rights conferred solely for his individual benefit (though not those founded on public policy).

Correct answer: D

The President (Art. 361 immunity), a foreign ambassador (diplomatic immunity) and High Court judges (judicial immunity) all enjoy recognised exceptions to equality before law; hence all the above.

Correct answer: C

Certiorari (and prohibition) issue only against judicial or quasi-judicial authorities to quash/prevent excess of jurisdiction; mandamus, habeas corpus and quo warranto have wider application.

Correct answer: D

A writ cannot be issued against Parliament or a State Legislature in respect of their legislative proceedings/privileges; courts otherwise enjoy immunity from writs only against judicial functions.

Correct answer: D

Article 37 expressly makes the Directive Principles not enforceable by any court, yet fundamental in the governance of the country.

Correct answer: C

Coins of 25 paise and below ceased to be legal tender from 30 June 2011 per RBI/Government notification; the 25 paise coin was withdrawn in 2011.

Correct answer: B

Article 75(1A) (inserted by the 91st Amendment, 2003) caps the Council of Ministers including the PM at 15% of the total strength of the Lok Sabha.

Correct answer: B

Ace shooter Gagan Narang was conferred the Rajiv Gandhi Khel Ratna Award for 2011.

Correct answer: D

Despite the wide language of his powers, the President acts on the aid and advice of the Council of Ministers (Art. 74) and is a nominal/constitutional head of State.

Correct answer: A

Article 124(3): a person qualifies as a Supreme Court judge if he has been a High Court judge for at least 5 years, or an HC advocate for 10 years, or is a distinguished jurist; option (a) correctly states the 5-year HC judge qualification.

Correct answer: C

During a proclamation of emergency under Art. 352, Parliament gets power over State List subjects (Art. 250) but the State Legislature is not displaced and can still legislate on the State List.

Correct answer: D

The maxim that what cannot be done directly cannot be done indirectly is the essence of the doctrine of colourable legislation.

Correct answer: C

Article 248 read with Entry 97 of List I vests residuary powers of legislation in Parliament.

Correct answer: D

Alladi Krishnaswami Iyer, a member of the Drafting Committee, made this observation in the Constituent Assembly about the Supreme Court's powers.

Correct answer: D

The Indian Constitution is quasi-federal: partly federal and partly unitary, with a strong central tilt (per K.C. Wheare and the Supreme Court in cases like State of West Bengal v. Union of India).

Correct answer: C

Section 2(17) CPC enumerates public officers; a Judge and a person in government pay are covered, but a Sarpanch of a Gram Panchayat is not a public officer within that definition.

Correct answer: D

Article 14's guarantee of equality before law operates against the State in all its forms - laws enacted by the legislature, executive orders, notifications etc.

Correct answer: C

A change in the nature of the obligation of a contract is termed alteration; novation/repudiation/rescission denote other modes of discharge.

Correct answer: B

Indra Sawhney v. Union of India (1992) dealt with reservations for OBCs and is popularly known as the Mandal Commission judgment.

Correct answer: B

An advisory opinion under Article 143 is consultative and is not binding on the President.

Correct answer: A

In 2011 (undivided Andhra Pradesh, pre-Telangana), Andhra Pradesh had 42 Lok Sabha seats - more than Bihar (40), Madhya Pradesh (29) and Karnataka (28).

Correct answer: D

Under Section 19 of the Contract Act, an agreement made without free consent (caused by coercion, fraud or misrepresentation) is voidable at the option of the party whose consent was not free.

Correct answer: D

Estoppel, limitation and res judicata must all be specifically pleaded to be relied upon; hence none of these need-not-be-pleaded pleas qualify - the answer is 'None of the above'.

Correct answer: D

As of 2011 (when this paper was set) the Vice President of India was Mohammad Hamid Ansari. Option (d) 'A.R. Ansari' is the garbled/OCR rendering of Hamid Ansari and is the intended answer; the other names (Meira Kumar, Shekhawat, Karan Singh) are clearly wrong.

Correct answer: C

In army organisation the order of size (largest to smallest) runs Division > Brigade > Battalion > Company > Platoon > Section. The Section is the smallest sub-unit, so among the given options it is the smallest military outfit.

Correct answer: A

INS Delhi (D61), lead ship of the Delhi-class, is India's largest indigenously built warship of that era (built at Mazagon Dock). The question's '1994-95' date is inaccurate (she was commissioned 15 Nov 1997) but INS Delhi is the only correct match among the options.

Correct answer: D

The Battle of Longewala was fought on 4-7 December 1971 during the Indo-Pakistani War of 1971. Hence 1971.

Correct answer: B

Jana Gana Mana was first publicly sung on 27 December 1911 at the Calcutta session of the Indian National Congress.

Correct answer: A

Section 14 of the Indian Partnership Act, 1932 defines 'property of the firm' and expressly includes the goodwill of the business as partnership property.

Correct answer: B

Among the listed states, West Bengal has the highest population density (about 1,028 persons per sq km per the 2011 Census), exceeding UP, Gujarat and Maharashtra.

Correct answer: D

Kerala has the highest female sex ratio in India (1,084 females per 1,000 males in the 2011 Census), far above Punjab, MP and Maharashtra.

Correct answer: A

After the Bharat Ratna was revived in 1980, the first recipient was Acharya Vinoba Bhave (awarded posthumously in 1983).

Correct answer: A

Compulsory dissolution of a firm is provided under Section 39 of the Indian Partnership Act, 1932 (note: the original heading 'Dissolution of a firm' is in s.39; compulsory dissolution as a mode is the first statutory ground in the dissolution chapter). The intended key is Section 39.

Correct answer: C

An act done beyond a partner's implied authority can be validated by ratification, and ratification may be either express or implied (by conduct). Hence either (a) or (b).

Correct answer: B

After dismissal of a complaint under Section 203 CrPC, a fresh complaint on the same facts is not absolutely barred but, as held in Pramatha Nath Talukdar v. Saroj Ranjan Sarkar, it can be entertained only in exceptional circumstances.

Correct answer: A

Under Section 31 of the Indian Partnership Act, 1932, a new partner can be introduced only with the consent of all the existing partners (subject to contract), i.e. unanimous consent.

Correct answer: C

A complaint under CrPC may relate to either a cognizable or a non-cognizable offence; the definition of 'complaint' in Section 2(d) is not confined to non-cognizable offences. Hence both (a) and (b).

Correct answer: C

Under Section 320(4)(b) CrPC, where the person competent to compound is dead, his legal representative may compound the offence, but only with the consent of the Court.

Correct answer: C

In a bailable offence, bail is a matter of right under Section 436 CrPC and no conditions may be imposed by either the police officer or the court while granting it.

Correct answer: B

Under Section 462 CrPC, proceedings held in a wrong place (wrong sessions division/district) are not void unless the error has in fact occasioned a failure of justice.

Correct answer: C

Under Section 470 CrPC (exclusion of time), time during which the accused has absconded/avoided arrest and time he was absent from India are both excluded in computing limitation. Hence both (a) and (b).

Correct answer: C

Section 462 CrPC deals with proceedings in wrong place which do not vitiate trial; however the cluster of curable irregularities not vitiating proceedings is in Section 460 (irregularities that do not vitiate) and Section 461 (those that do). The settled key here is Section 460/462 — the intended answer is Section 462 Cr.P.C.

Correct answer: A

Under Section 462 read with the scheme of CrPC, an objection as to want of territorial jurisdiction of a criminal court must be taken before or at the commencement of the trial, at the earliest opportunity.

Correct answer: A

Section 311 CrPC empowers the court, at any stage of inquiry, trial or other proceeding, to summon or recall any witness — even after the evidence of both sides is closed — if essential to a just decision.

Correct answer: C

Under Section 39 CPC, 'court of competent jurisdiction' for transfer of a decree means a court competent both pecuniarily and territorially to try the suit. Hence both pecuniary and territorial jurisdiction.

Correct answer: A

Section 428 CrPC sets off the period of pre-conviction detention only against the substantive sentence of imprisonment, not against imprisonment imposed in default of payment of fine.

Correct answer: D

Under the proviso to Section 167(2) CrPC, the 90-day detention limit applies where the offence is punishable with death, imprisonment for life, or imprisonment for a term of not less than ten years. Hence all the above.

Correct answer: D

Section 216 CrPC empowers the court at any time before judgment to alter or add to any charge. Hence the power is to both add to and alter the charge.

Correct answer: C

Order VI Rule 17 CPC permits amendment of pleadings at any stage, i.e. either before or after commencement of trial; the proviso only adds that amendment after trial has commenced requires the 'due diligence' test to be satisfied, but it is not barred.

Correct answer: C

Under Section 315 Cr.P.C., an accused may be a competent witness for the defence only on his own request in writing; he cannot be compelled to give evidence and is not called otherwise.

Correct answer: D

Section 439(2) Cr.P.C. vests the power to cancel bail only in the High Court or the Court of Session, hence only (a) & (b).

Correct answer: A

A crime is a wrong against the State/public (state wrong/public wrong), prosecuted by the State, as distinguished from a civil or private wrong.

Correct answer: A

Actus reus comprises both positive (intentional doing) and negative (intentional omission) acts; it is the external/physical element, not the mental element, so 'internal mind acts' are excluded.

Correct answer: B

Section 34 IPC (common intention) does not create a substantive offence; it is only a rule of evidence/constructive liability read with the substantive offence.

Correct answer: B

Preparation is generally not punishable because up to that stage there can still be a change of mind (locus poenitentiae) before the offence is actually committed.

Correct answer: D

Section 43 IPC defines 'illegal' as applicable to everything which is an offence, or which is prohibited by law, or which furnishes ground for a civil action.

Correct answer: C

Section 53 IPC prescribes five kinds of punishment: death, imprisonment for life, imprisonment (rigorous/simple), forfeiture of property, and fine.

Correct answer: B

Under Section 100 CPC, a second appeal lies to the High Court only on a substantial question of law.

Correct answer: A

The maxim 'ignorantia juris non excusat' means ignorance of law is no excuse.

Correct answer: B

Sections 76 and 79 IPC embody the defence of mistake of fact (a person bound or justified by law, acting under a mistake of fact in good faith); mistake of law is no defence.

Correct answer: A

A hangman executing a sentence pursuant to the Court's order is a person bound by law to do it and is protected under Section 76 IPC.

Correct answer: B

Where A aiming at B kills C, A is liable on the doctrine of transferred malice/transmigration of intent (Section 301 IPC).

Correct answer: A

The right of private defence is founded on the natural instinct of self-preservation.

Correct answer: B

Section 511 IPC (general residuary provision for attempts) does not apply to attempt to murder, which has its own specific provision in Section 307 IPC.

Correct answer: A

The essence of sedition (Section 124A IPC) is the intention to bring into hatred/contempt or excite disaffection; actual result/incitement is not necessary.

Correct answer: B

Hurt under Section 319 IPC means bodily pain, disease or infirmity; mere mental pain is not covered under the offence of simple hurt.

Correct answer: C

Under Section 108 IPC Explanation 3, abetment of an offence can exist even though the person abetted is a child or a person of unsound mind incapable of committing the offence; hence both (a) & (b).

Correct answer: A

Section 178 IPC (refusing to take oath when duly required by a public servant) prescribes punishment of simple imprisonment; the other listed offences allow imprisonment of either description.

Correct answer: A

An affray under Section 159 IPC requires a 'fight', i.e. two or more persons (two opposite parties) actively and bilaterally engaged; if one side is merely passive there is no fight.

Correct answer: B

Section 510 IPC punishes misconduct in public by a drunken person who causes annoyance to any person; the offence is one of causing annoyance.

Correct answer: D

These are the illustrations to Section 499 IPC; an ironical/innuendo statement, pointing out the thief, and a defamatory drawing/imputation by visible representation all amount to defamation, hence all of the above.

Correct answer: A

Assault under Section 351 IPC is caused by a gesture or preparation that causes apprehension of imminent criminal force; mere preparation by itself is not assault, so the correct answer is gestures.

Correct answer: C

Where house-trespass is committed by a person taking precautions to conceal such trespass from one who has the right to exclude him, it is lurking house-trespass under Section 443 IPC.

Correct answer: D

Per Explanation to s.361 IPC and case law, 'taking' need not be by force or fraud; it means physical taking/causing the minor to go. Courts read it to cover force, fraud and mere physical taking.

Correct answer: B

In s.81 IPC (necessity), 'harm' is used in the broad sense of injury or damage of any kind, not merely physical hurt.

Correct answer: D

Under s.21 IPC, a liquidator, a civil judge and a panchayat member assisting a court are public servants; the Secretary of a co-operative society is not.

Correct answer: C

Causing the death of a child in the mother's womb is not homicide under both English and Indian law; the child must be born to be a 'person' (Explanation 3 to s.299 IPC).

Correct answer: B

s.34 IPC is a rule of evidence (constructive joint liability) creating no offence by itself, while s.149 (unlawful assembly of five or more) creates a substantive offence with its own punishment.

Correct answer: B

s.26 of the Evidence Act bars confessions made by a person while in police custody (unless in the immediate presence of a Magistrate). s.25 bars confessions to a police officer.

Correct answer: C

A co-defendant can be cross-examined by another co-defendant only where their interests are adverse to each other.

Correct answer: A

A dying declaration, if found truthful and reliable, can form the sole basis of conviction without corroboration (Khushal Rao v. State of Bombay, AIR 1958 SC 22).

Correct answer: B

Under s.122 of the Evidence Act, the privilege for marital communications does not apply in criminal proceedings (suits/prosecutions) between the married persons themselves.

Correct answer: B

Under s.31 of the Evidence Act admissions are not conclusive proof but may operate as estoppel; they are not binding in the conclusive sense.

Correct answer: D

The plea of alibi is governed by s.11 of the Evidence Act (facts inconsistent with, or rendering highly improbable, a fact in issue).

Correct answer: A

s.102 deals with the burden of proof (onus probandi) which never shifts and rests on the party who would fail if no evidence were given; only the burden of adducing evidence (s.103/onus) shifts.

Correct answer: D

Presumptions, admissions and estoppel all relieve/lighten the burden of proof by dispensing with the need to prove the admitted/presumed facts.

Correct answer: B

Under s.59 of the Evidence Act, all facts except the contents of documents (and electronic records) may be proved by oral evidence; contents of a document cannot be proved by oral evidence.

Correct answer: D

Estoppel (s.115) is only a rule of evidence; it is neither a cause of action in itself nor does it create one.

Correct answer: B

Under s.105 of the Evidence Act, the accused need only establish his plea of an exception/justification on a preponderance of probabilities (prima facie), not beyond reasonable doubt.

Correct answer: D

The 'necessity' principle (e.g. s.32, s.33 Evidence Act) applies when the maker is dead, incapable of giving evidence, cannot be found, or whose attendance cannot be procured without unreasonable delay/expense.

Correct answer: B

Under s.138 of the Evidence Act, re-examination is directed to explaining matters referred to in cross-examination; new matter requires the court's leave.

Correct answer: A

s.105 (burden of proving that the case falls within a General Exception) applies to criminal trials only.

Correct answer: B

Though under s.133 a conviction on uncorroborated accomplice testimony is not illegal, the rule of prudence (illustration (b) to s.114) requires corroboration in material particulars from an independent source.

Correct answer: B

The Explanation to s.55 of the Evidence Act states that 'character' includes both reputation and disposition (of a general nature, not particular acts).

Correct answer: D

As a general rule opinion evidence, whether on a matter of fact or law, is irrelevant; it is admitted only by way of exception (ss.45-51, expert/special opinions).

Correct answer: C

A post-marriage (separation) agreement to live separately in future is valid; only a pre-nuptial agreement to live separately is void as opposed to public policy.

Correct answer: B

After a decree of judicial separation (s.10 Hindu Marriage Act), it is no longer obligatory for the parties to cohabit, though the marital tie subsists.

Correct answer: D

Under s.3(g) of the Hindu Marriage Act, degrees of prohibited relationship include relationship by full blood, half or uterine blood, and also by adoption.

Correct answer: D

Under the Hindu Marriage Act, 1955, unsoundness of mind/insanity is relevant at every stage: it can render a marriage voidable (s.12(1)(b) r/w s.5(ii)) and is also a ground for judicial separation and divorce under s.13(1)(iii). Hence all the above.

Correct answer: B

Restitution of conjugal rights (s.9, Hindu Marriage Act, 1955) is a matrimonial remedy designed to preserve the marriage by requiring the withdrawing spouse to return to cohabitation, not to dissolve it.

Correct answer: A

Under Muslim law the father is the sole natural guardian of a minor's person and property; on his death guardianship passes to the persons appointed by his will or, failing that, the paternal grandfather. The mother is never a natural guardian.

Correct answer: A

Section 4 of the Dissolution of Muslim Marriages Act, 1939 provides that renunciation of Islam or conversion to another faith by a married Muslim woman shall not by itself dissolve her marriage.

Correct answer: A

The mother's right to the custody of her minor child under Muslim law is termed 'Hizanat' (Hazanat). Khula is a form of divorce at the wife's instance, not custody.

Correct answer: C

A pure question of law decided in an earlier suit may operate as res judicata, but a decision on an erroneous view of law, or on a jurisdictional question of law, does not. Hence it 'may or may not' operate as res judicata (Mathura Prasad v. Dossibai, AIR 1971 SC 2355).

Correct answer: C

Under Order V, Rule 1 CPC (post-2002 amendment) the defendant must file the written statement within 30 days from the date of service of summons (extendable up to 90 days for recorded reasons).

Correct answer: A

Answers to interrogatories are given on affidavit and may be used as evidence; the party can be cross-examined on the affidavit (Order XI CPC). It is not conclusive proof, so options (b)/(c) are wrong.

Correct answer: D

Under Section 58/59 CPC and Order XXI Rules 39-40, a judgment-debtor in civil imprisonment may be released on payment of the amount due (which entitles release) and may be released on the ground of serious illness of himself. Hence both (a) and (b).

Correct answer: C

A plaint is rejected under Order VII, Rule 11 CPC (e.g., where it discloses no cause of action, is undervalued, or is insufficiently stamped). Order VIII deals with the written statement, not the plaint.

Correct answer: C

Under Order XXXII, Rule 7 CPC, no suit on behalf of a minor (by next friend) can be withdrawn or compromised without the leave of the Court.

Correct answer: C

Order XVIII, Rule 17 CPC empowers the Court, at any stage, to recall and re-examine a witness already examined; it is the Court's power, exercised to clarify points, not a right of either party.

Correct answer: C

Where a suit is dismissed for plaintiff's default under Order IX, Rule 8 CPC, a fresh suit on the same cause of action is barred (Rule 9), but the plaintiff may apply to set aside the dismissal; the fresh suit, where permissible, is subject to the law of limitation. Best fit is 'not barred subject to law of limitation.'

Correct answer: D

An executing court can go behind the decree only in narrow cases: where the decree is a nullity for want of inherent jurisdiction (pecuniary/territorial/subject-matter) or passed against a dead person without LRs. Both (a) and (b) are genuine grounds, but ambiguity (c) is not, so no single option ('all of the above') is offered; the intended key is likely (a) and (b) jointly. Flagged because the options force a single choice while two are correct; 'None of the above' (d) is the safest as no option captures both.

Correct answer: A

Under Order XXIII, Rule 3 CPC, a compromise must be in writing and signed by the parties; an oral or unsigned compromise cannot be recorded as a lawful agreement.

Correct answer: C

For res sub judice (Section 10 CPC) all conditions must coexist, but the indispensable core is that the matter in issue in the two suits is directly and substantially the same. Among the listed options this is the essential requirement asked for.

Correct answer: A

Under Order VII, Rule 14(3) CPC, a document which ought to be produced with the plaint but is not, shall not be received in evidence on behalf of the plaintiff at the hearing without leave of the Court.

Correct answer: C

Inherent powers under Section 151 CPC are discretionary and are in addition to (not in derogation of) the powers expressly conferred by the Code. Hence both (a) and (b).

Correct answer: C

Section 2(11) CPC defines 'legal representative' as a person who in law represents the estate of a deceased person, and includes one who intermeddles with the estate or on whom the estate devolves on the death of the party.

Correct answer: A

Lodging a caveat under Section 148-A CPC entitles the caveator to be served notice of any application made by the applicant; it does not make the caveator a party to the suit.

Correct answer: B

On default in filing the written statement, Order VIII, Rule 10 CPC gives the Court discretion to pronounce judgment or make such order as it thinks fit; it is not mandatory (Balraj Taneja v. Sunil Madan, AIR 1999 SC 3381).

Correct answer: C

Parties cannot by consent confer jurisdiction where none exists, nor wholly oust a court that has jurisdiction; but where two or more courts have jurisdiction, they may by agreement confine litigation to one of them (Hakam Singh v. Gammon India, AIR 1971 SC 740).

Correct answer: B

Section 10 CPC (stay of suit / res sub judice) is mandatory in terms — it bars the trial of the subsequent suit so long as the prior suit is pending between the same parties on the same matter.

Correct answer: D

Section 80 CPC, requiring prior notice before suing the Government or a public officer, is mandatory and binding on all civil courts — Civil Judge, District Judge and High Court alike.

Correct answer: C

Under Section 114 r/w Order XLVII, Rule 1 CPC, a review lies both where no appeal is allowed, and where an appeal is allowed but no appeal has been preferred. Hence both (a) and (b).