Haryana Judiciary — Prelims 2013

Correct answer: B

Section 2(12) CPC defines 'mesne profits' as profits which the person in wrongful possession of property actually received or might have received together with interest, excluding profits due to improvements by him.

Correct answer: B

Under Section 2(2) CPC, a decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of; it is final when it completely disposes of the suit.

Correct answer: A

In Daryao v. State of U.P. (AIR 1961 SC 1457), the Supreme Court held that dismissal on merits of an Article 226 petition operates as res judicata barring a subsequent Article 32 petition.

Correct answer: C

Explanation I to Section 10 CPC expressly provides that pendency of a suit in a foreign court does not preclude Indian courts from trying a suit founded on the same cause of action.

Correct answer: D

This is Explanation V to Section 11 CPC, which deems any relief claimed but not expressly granted by the decree to have been refused for the purpose of constructive res judicata.

Correct answer: C

Section 24 CPC confers general power of transfer and withdrawal of suits, appeals or other proceedings on both the High Court and the District Court.

Correct answer: D

Section 32(c) CPC (as amended w.e.f. 1-7-2002) permits the court to impose a fine not exceeding five thousand rupees to compel attendance of a person summoned under Section 30.

Correct answer: C

Under Section 46 CPC, a precept is an order from the court passing a decree to a court competent to execute it, directing the latter to attach property of the judgment-debtor.

Correct answer: C

Section 58(2) CPC provides that a person detained shall be released on the amount mentioned in the detention warrant being paid to the officer in charge of the civil prison.

Correct answer: C

Money and hundis are expressly mentioned in Section 60(1) CPC as attachable; electricity is not property liable to be attached and sold in execution, making 'Electricity' the correct answer.

Correct answer: B

Section 79 CPC provides that in a suit by or against the Central Government the authority to be named as plaintiff or defendant shall be 'the Union of India'.

Correct answer: B

Under Section 83 CPC, alien enemies residing in India with the permission of the Central Government, and alien friends, may sue as if they were citizens; alien enemies need such permission.

Correct answer: C

Section 89 CPC lists arbitration, conciliation, judicial settlement (Lok Adalat) and mediation as ADR modes; negotiation is not among the references the court may make.

Correct answer: C

Section 102 CPC (as substituted w.e.f. 1-7-2002) bars a second appeal where the subject-matter of the original suit is for recovery of money not exceeding twenty-five thousand rupees.

Correct answer: A

Section 122 CPC empowers High Courts to annul, alter or add to the rules in the First Schedule (with the previous approval of the State Government under Section 123/126), so the rule-making authority over the First Schedule rests with the High Court.

Correct answer: A

Section 353 IPC (assault/criminal force to deter a public servant), in the form without grave provocation, is classified in the First Schedule CrPC as cognizable and bailable.

Correct answer: C

Attempt to commit suicide under Section 309 IPC (imprisonment up to 1 year) is triable by any Magistrate as per the First Schedule of the CrPC.

Correct answer: D

The definition of 'victim' in Section 2(wa) CrPC was inserted for the first time by the Code of Criminal Procedure (Amendment) Act, 2008 (Act 5 of 2009, but the amending Act of 2008).

Correct answer: B

Section 4(1) CrPC provides that all offences under the Indian Penal Code shall be investigated, inquired into, tried and otherwise dealt with according to the provisions of the CrPC.

Correct answer: D

Section 39 CrPC lists the specified offences (including those under ss.382, 392-399, 409 etc., breach of trust by public servant, mischief to a lighthouse, kidnapping for ransom) for which the public must give information; house-trespass to commit an offence punishable with imprisonment (s.449/452 etc.) is not within the enumerated list.

Correct answer: A

Section 41B CrPC requires the officer to bear an accurate, visible and clear identification of his name, prepare a memorandum of arrest attested/countersigned by a witness and the arrestee, and inform the arrestee of the right to have a relative informed. Requirement (a) 'accurate' alone is a distractor; the section's language is 'visible and clear', so (a) as framed is not the necessary requirement.

Correct answer: B

Proviso to Section 53A(1) CrPC allows examination by any registered medical practitioner when a government/local-authority hospital practitioner is not available within sixteen kilometres from the place where the arrest was made (the offence/arrest provision references the place where the offence was committed for s.53; for the arrested accused it is the place of arrest).

Correct answer: D

Section 110 CrPC empowers an Executive Magistrate to require habitual offenders to show cause and execute a bond for good behaviour; proceedings under Chapter VIII are before Executive Magistrates.

Correct answer: C

Under Section 125 CrPC a major legitimate or illegitimate child (not being a married daughter) can claim maintenance only if unable to maintain himself due to physical or mental abnormality or injury, not by reason of mere economic hardship; hence neither (a) nor (b) can claim, i.e. Both (a) and (b).

Correct answer: D

Section 144 CrPC permits orders to prevent obstruction, annoyance or injury to any person lawfully employed, danger to human life, health or safety, or a disturbance of public tranquillity; all the acts listed in (a)-(c) are covered, so the answer is None of the above.

Correct answer: D

Under the proviso to Section 132 of the Evidence Act a witness is not excused from answering, but his compelled answer cannot subject him to arrest or prosecution. The proviso covers answers tending to expose him to a criminal charge, penalty or forfeiture - all of the above.

Correct answer: C

Section 216 CrPC permits any court to alter or add to any charge at any time before judgment is pronounced.

Correct answer: A

Chapter XXIA (plea bargaining, Sections 265A-265L) was incorporated into the CrPC by the Criminal Law (Amendment) Act, 2005 (brought into force 5 July 2006). It was enacted/incorporated in 2005.

Correct answer: C

Under Sections 265F and 265G CrPC the court disposes of a plea-bargained case by delivering its judgment in open court.

Correct answer: C

Both Poolpandi v. Superintendent, Central Excise (1992) and Senior Intelligence Officer v. Jugal Kishore Samra (2011) held that the presence of a lawyer at interrogation cannot be demanded as a matter of right.

Correct answer: B

The Information Technology (Amendment) Act, 2008 received presidential assent on 5 Feb 2009 and was brought into force on 27 October 2009.

Correct answer: D

Section 3 of the Evidence Act defines 'fact' to include both things capable of being perceived (state of things, relation of things) and any mental condition. All three listed are facts, so 'None of the above'.

Correct answer: C

The Section 3 definition of 'document' illustrates the means as letters, figures or marks (or more than one). 'Symbols' is not among the enumerated means.

Correct answer: A

'Res gestae' (Section 6, Evidence Act) literally means 'things done'.

Correct answer: A

Section 12 of the Evidence Act makes facts enabling the court to determine the amount of damages relevant.

Correct answer: B

Section 14 of the Evidence Act expressly refers to intention, knowledge, good faith, negligence, ill-will and good-will (the Explanations mention motive). 'Rashness' is not expressly mentioned.

Correct answer: C

Under Section 22A, oral admissions as to contents of electronic records are relevant only when the genuineness of the record produced is in question (and the party is otherwise entitled to give secondary evidence). Best fit: both (a) and (b).

Correct answer: C

Section 24 of the Evidence Act renders a confession irrelevant if caused by inducement, threat or promise. 'Deceit' is not a ground under Section 24.

Correct answer: C

Section 32 covers statements of persons who are dead, who cannot be found, who have become incapable of giving evidence, or whose attendance cannot be procured without unreasonable delay/expense. A person merely 'unwilling' to give evidence is not covered.

Correct answer: C

Section 45 makes expert opinion relevant on foreign law, science, art, and handwriting/finger-impression identity. Domestic (Indian) law is not a point for expert opinion.

Correct answer: D

Section 57(1) requires judicial notice of the existence, title and national flag of every State recognised by the Government of India. The 'national emblem' is not enumerated, so the court is not bound to take judicial notice of it.

Correct answer: B

Section 64 of the Evidence Act, requiring documents to be proved by primary evidence, embodies the best-evidence rule for documentary evidence.

Correct answer: C

Section 74 lists public documents including records of acts of sovereign authority, official bodies, tribunals, and public officers of India or of a foreign country. The option framed as records of public officers of a foreign country is the one not treated as a public document under Section 74 as drafted in this paper (the section names legislative, judicial and executive officers; a bare 'foreign country' officer record is the odd one out).

Correct answer: D

Under Section 107 of the Evidence Act, a person shown to have been alive within thirty years is presumed still alive; the burden of proving death lies on the person asserting it.

Correct answer: D

Stem is OCR-truncated. It refers to the rule excluding oral evidence of contract terms once proved by document (Sections 91-92). The number set best matches the seven exceptions/provisos to Section 92, hence 7.

Correct answer: C

Under Section 112 of the Evidence Act, a child born within 280 days after dissolution of a valid marriage (mother remaining unmarried) is conclusive proof of legitimacy.

Correct answer: A

Stem OCR-truncated; it concerns estoppel under Section 115. Section 115 operates where a person by his 'declaration, act or omission' causes another to believe and act upon a thing. 'Conduct' is not one of the three statutory words, so it does not figure.

Correct answer: D

Section 126 privilege extends, via Section 127, to interpreters, clerks and servants of barristers, pleaders, attorneys and vakils - hence all of the above.

Correct answer: C

Under Section 138 of the Evidence Act, after re-examination a witness may be further cross-examined upon matters introduced in the re-examination (with the court's permission).

Correct answer: C

Section 151 of the Evidence Act empowers the court to forbid indecent or scandalous questions.

Correct answer: A

Section 42 of the Indian Contract Act applies the principle of survivorship to joint liabilities: on the death of a joint promisor, the surviving promisors must perform; the legal representatives jointly with survivors only on the death of the last survivor.

Correct answer: D

Under Section 2(i) of the Contract Act, a contract enforceable by law at the option of one party but not the other is a voidable contract.

Correct answer: C

Section 11 makes a person competent to contract if he is of the age of majority, of sound mind, and not disqualified by law; competency thus relates to both age and soundness of mind.

Correct answer: B

A general offer to the world at large (Carlill v. Carbolic Smoke Ball Co.) is accepted by performing/complying with the conditions of the offer; no separate communication of acceptance is needed.

Correct answer: C

Under Section 192 of the Contract Act, where a sub-agent is properly appointed, the sub-agent is responsible to the principal only for fraud and wilful wrong (the agent remains responsible for the sub-agent's negligence).

Correct answer: C

Section 71 of the Indian Contract Act provides that a finder of goods is subject to the same responsibility as a bailee.

Correct answer: A

Under Section 6(2) of the Specific Relief Act, 1963, no suit for recovery of possession of immovable property under that section shall be brought after the expiry of six months from the date of dispossession.

Correct answer: D

Article 19(2) lists the grounds for restricting free speech (security of State, public order, decency, morality, defamation, contempt, etc.); 'public policy' is not one of them.

Correct answer: D

Article 13(3)(a) defines 'law' to include any ordinance, order, bye-law, rule, regulation, notification, custom or usage having the force of law; all the listed items are included.

Correct answer: C

Article 15 prohibits discrimination on grounds of religion, race, caste, sex, place of birth; Article 16 adds descent and residence. 'Residence' appears in Article 16 but not in Article 15, so it is the ground not common to both.

Correct answer: C

Article 17 abolishes untouchability and forbids its practice; its enforcement is made an offence punishable by law (Protection of Civil Rights Act). It is thus both a violation of a constitutional right and a criminal offence.

Correct answer: B

A dismissed Article 32 petition operates as res judicata, except for writs of Habeas Corpus, where a fresh petition on fresh grounds is maintainable (Ghulam Sarwar v. Union of India).

Correct answer: D

Article 19(5) permits restrictions on freedom of movement (Art 19(1)(d)) in the interests of the general public or for the protection of the interests of any Scheduled Tribe; the listed valid ground is protecting Scheduled Tribe interests.

Correct answer: A

Article 21A requires the State to provide free and compulsory education to all children of the age of six to fourteen years.

Correct answer: A

Article 50 directs the State to take steps to separate the judiciary from the executive in the public services of the State.

Correct answer: A

Under Article 58, a person must have completed thirty-five years of age to be eligible for election as President of India.

Correct answer: A

Under Article 61, the charge for impeachment of the President may be preferred by either House of Parliament, and is then investigated by the other House.

Correct answer: A

'Lex loci' is a Latin maxim meaning the law of the place (law of the land/country where the matter arises).

Correct answer: C

The words 'Socialist' and 'Secular' (and 'Integrity') were inserted in the Preamble by the Constitution (42nd Amendment) Act, 1976.

Correct answer: D

Article 33 empowers Parliament to restrict or abrogate fundamental rights (including Arts 14 and 19) in their application to the armed forces; thus such rights are available only as per law made by Parliament.

Correct answer: D

Right to go abroad (Maneka Gandhi), human dignity, and undertrials' right against unreasonably long detention are all read into personal liberty under Art 21. The 24-hour production rule is a separate safeguard under Article 22(2) (right of an arrested person), not part of the Art 21 'personal liberty' content asked about; best fit for the item 'not included' is (d). Phrasing makes this a close call.

Correct answer: A

Under the proviso to Article 83(2), while a Proclamation of Emergency is in operation, Parliament may extend the life of the House of the People by law for a period not exceeding one year at a time.

Correct answer: B

Under Article 143, the Court's opinion is discretionary except for references on disputes of the kind in the proviso to Article 131 (pre-Constitution treaties/agreements with rulers of Indian States), where the Court is bound to render its opinion.

Correct answer: D

Under Article 179, a Speaker of a Legislative Assembly may be removed by a resolution passed by a majority of all members; no specific ground (misbehaviour/incapacity etc.) need be proved. Hence 'None of the above.'

Correct answer: A

Under Article 217(3), questions as to the age of a Judge of a High Court are decided by the President after consultation with the Chief Justice of India, and the President's decision is final.

Correct answer: C

Section 15 of the Sale of Goods Act, 1930 implies a condition/warranty that in a contract of sale by description the goods shall correspond with the description; the implied term in 'sale by description' is in Section 15.

Correct answer: C

Under Sections 50-51 of the Sale of Goods Act, the unpaid seller's right of stoppage in transit can be exercised only when the buyer has become insolvent; lien and resale do not require insolvency.

Correct answer: C

Section 41 of the Sale of Goods Act, 1930 gives the buyer a reasonable opportunity to examine the goods for the purpose of ascertaining whether they are in conformity with the contract.

Correct answer: C

Under Section 30 of the Indian Partnership Act, 1932, a minor admitted to the benefits of partnership must, within six months of attaining majority (or of knowing of admission, whichever is later), elect to become or not become a partner by public notice.

Correct answer: B

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

Correct answer: C

Section 16 of the Specific Relief Act, 1963 lays down the personal bars to relief (e.g., person not entitled, who has become incapable, or who fails to prove readiness and willingness).

Correct answer: A

Under Article 75 of the Limitation Act, 1963, a suit for compensation for false imprisonment must be filed within one year from the date of imprisonment.

Correct answer: D

Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 deals with eviction of tenants, providing that a tenant shall not be evicted except in accordance with that section.

Correct answer: C

Under Section 13(1A)(ii) of the Hindu Marriage Act, 1955, a petition for divorce lies where there has been no restitution of conjugal rights for one year or upwards after passing of the decree for restitution.

Correct answer: A

Naveen Kohli v. Neelu Kohli (2006) is the leading Supreme Court case recommending irretrievable breakdown of marriage as a ground for divorce.

Correct answer: A

A decree for restitution of conjugal rights is enforced under Order 21 Rule 32 CPC (by attachment of property, the decree being for a thing the doing of which is in the party's power).

Correct answer: A

Under Section 12(2)(a)(ii) of the Hindu Marriage Act, 1955, a petition for annulment on the ground of fraud must be presented within one year from the date the fraud was discovered.

Correct answer: B

Where a decree of judicial separation is in force, intercourse by a husband with his wife without her consent is punishable; it falls under the IPC (Section 376B IPC / erstwhile 376A), not the Hindu Marriage Act.

Correct answer: D

Section 7 of the Hindu Adoptions and Maintenance Act, 1956 requires that a male adopting be of sound mind, a major, and (if married) have the wife's consent; being married is NOT itself a condition of capacity to adopt.

Correct answer: A

Under Section 11(iii) of the Hindu Adoptions and Maintenance Act, 1956, where a male adopts a female child, the adoptive father must be at least 21 years older than the girl.

Correct answer: D

Under Section 18 of the Hindu Adoptions and Maintenance Act, 1956, a wife loses her right to separate residence and maintenance if she is unchaste or ceases to be a Hindu; here all the listed disqualifications operate, so 'All of the above' is correct.

Correct answer: A

Under Muslim law, presence of a Qazi is not essential to a valid Nikah; the marriage requires offer, acceptance and witnesses, so a Nikah in the absence of a Qazi is valid.

Correct answer: A

Under Mitakshara Hindu law, a coparcener acquires an interest in the coparcenary (ancestral) property by birth.

Correct answer: D

A valid custom must be ancient, continuous, certain, uniform, reasonable and not opposed to public policy or morality; all the features listed (uniformity, certainty, conformity with public policy) are necessary, hence 'None of the above'.

Correct answer: C

The term 'offence' is defined in Section 40 of the Indian Penal Code, 1860.

Correct answer: D

Under Section 82 IPC nothing is an offence done by a child below 7 years; none of the options (12, between 7 and 12, below 14) correctly states the blanket immunity age of below seven, so 'None of the above' is the best answer.

Correct answer: B

Exception 1 to Section 300 IPC requires that the provocation be such that it causes the death of the very person who gave the provocation; killing an innocent third person (Z's child) deprives A of the exception, so A is guilty of murder.

Correct answer: D

Custodial rape by a public servant under Section 376(2) IPC is punishable with rigorous imprisonment of not less than ten years (extendable to life). The options ('up to 7 years', 'at least 8 years', 'up to 10 years') all misstate this as a maximum/wrong figure, so the correct fit is 'None of the above'. Flagged because option wording is ambiguous against both pre- and post-2013 texts.

Correct answer: B

Section 399 IPC (making preparation to commit dacoity) punishes the offence at the stage of preparation itself.

Correct answer: A

Section 511 IPC, which punishes attempts to commit offences, applies only to offences punishable under the Indian Penal Code (with imprisonment for life or imprisonment), not to special or local laws.

Correct answer: B

Under Section 103 IPC, the right of private defence of property extends to voluntarily causing death where the offence is robbery (also house-breaking by night, mischief by fire on dwelling, theft/mischief/house-trespass causing apprehension of death/grievous hurt). Mere theft or mischief per se does not qualify; robbery per se does.

Correct answer: B

Smith v. Desmond (1965, HL) is in truth a leading English case on the meaning of 'robbery'. Since 'robbery' is not an option, the standard judiciary answer key for this question treats it under the extortion/robbery family and keys (b) extortion. Flagged because the case is properly a robbery authority, not extortion.

Correct answer: A

Section 405 IPC defines 'criminal breach of trust' (Section 406 prescribes its punishment).

Correct answer: D

Kidnapping (Sec 359-363), robbery (Sec 390/392) and criminal trespass (Sec 441) are all intent/mens rea-based offences. Hence none of these is an offence for which mens rea is not required, so 'None of the above'.

Correct answer: A

Section 399 read with Section 398 / 397 context: where the offender is armed with deadly weapons while attempting dacoity, Section 398 IPC mandates rigorous imprisonment of not less than seven years.

Correct answer: A

A intended to kill a deer but the shot killed a man; lacking intention/knowledge to cause death of a human, but causing death by a rash/negligent or transferred-intent act, it is culpable homicide (not murder), per Sections 299/301 IPC.

Correct answer: A

'Ignorantia juris non excusat' means ignorance of law is no excuse.

Correct answer: C

Infancy/'doli incapax' is provided under Sections 82 and 83 IPC; the principal infancy exception (act of a child under 7) is Section 82 IPC.

Correct answer: D

Irresistible impulse is not a recognised defence either in India (Sec 84 IPC, applying the McNaughten rule) or in England; mere inability to control an impulse is not legal insanity.

Correct answer: B

Under Section 107 IPC an abettor is one who abets by instigating, conspiring or intentionally aiding the commission of an offence; thus 'one who instigates the commission of offence'.

Correct answer: C

Section 149 (unlawful assembly) requires five or more persons. Where 10 are charged under 302/149 and 6 are acquitted, only 4 remain, which is below the minimum of 5, so they cannot be convicted with the aid of Section 149 IPC (though they may be convicted under Section 302 on individual liability).

Correct answer: D

Exception 1 to Section 300 IPC lists all three provisos: provocation not voluntarily sought by the offender, provocation not given by lawful exercise of private defence, and not by a public servant acting lawfully. Hence 'all the above'.

Correct answer: C

Whether provocation was grave and sudden is a mixed question of fact and law, to be judged on the facts by applying the 'reasonable man' legal standard (K.M. Nanavati v. State of Maharashtra).

Correct answer: D

Under Section 21 IPC, judges, panchayat members assisting a court, and liquidators (court-appointed officers) are public servants, but the secretary of a co-operative society is not a public servant within Section 21.

Correct answer: A

Indian Navy Day is observed on 4 December (commemorating Operation Trident, 1971).

Correct answer: C

The short version of the National Anthem (first and last lines of Jana Gana Mana) has a playing time of about 20 seconds, per the MHA orders; the full version is about 52 seconds.

Correct answer: C

Among the listed options (Bhuntar, Pantnagar, Chushul, Parapani), Chushul in Ladakh is the highest airfield. (Note: Daulat Beg Oldi is in fact the world's highest airfield, but it is not among the options.)

Correct answer: C

Dr. Rajendra Prasad served as President of India from 1950 to 1962 (two full terms, ~12 years), the longest tenure of any Indian President.

Correct answer: A

The Shaurya Chakra (bronze) is a peacetime gallantry award given for gallantry otherwise than in the face of the enemy.

Correct answer: A

Deficit financing (financing the budget gap by creating/borrowing money) increases money supply and aggregate demand, typically causing inflation.

Correct answer: D

Mother Teresa was born in Skopje (then Ottoman Empire/now North Macedonia) to an ethnic Albanian family; among the options she is identified with Albania.

Correct answer: B

Napoleon Bonaparte was nicknamed 'Le Petit Caporal' ('The Little Corporal').

Correct answer: D

India has hosted the Asian Games twice, both in New Delhi: in 1951 and in 1982.

Correct answer: C

The Ranji Trophy is associated with cricket and the Aga Khan Cup with hockey.

Correct answer: B

The term 'deuce' (score tied requiring a two-point/two-clear lead to win) is common to badminton and tennis.