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Haryana Judiciary — Prelims 2014

125 questions Objective 125 answers with solutions PDF
1

The cardinal principle of Criminal Law Nullum crimen nulla poena sine lege means

  • aNo crime or punishment can exist without a pre-existing penal law
  • bA man is presumed to be innocent until proven guilty
  • cIgnorance of law is no excuse
  • dAn act must be accompanied by a criminal intent to constitute an offence
Answer & solution

Correct answer: A

Nullum crimen nulla poena sine lege means there can be no crime nor punishment without a pre-existing penal law; it embodies the principle of legality (non-retroactivity of penal law).

2

The doctrine of Necessity has been elaborately considered in the landmark decision of

  • aRy. McNaghten (1843) 8 Eng Rep 718
  • bBasdev v. State of PEPSU AIR 1956 SC 488
  • cRv. Dudley and Stephens (1884) 14 QBD 273
  • dBimbadhar Pradhan v. State of Orissa AIR 1956 SC 469
Answer & solution

Correct answer: C

R v. Dudley and Stephens (1884) 14 QBD 273 is the landmark case on the doctrine of necessity, holding that necessity is no defence to a charge of murder.

3

In his will, Mr. Y wrote: "I intend my property to be equally divided between my three children A, S and H." A dishonestly scratched out the name of H, intending that it may be believed that the whole of the property was left to the divided between H and himself alone. A is guilty of

  • aCheating
  • bForgery
  • cMisappropriation
  • dTheft
Answer & solution

Correct answer: B

Dishonestly scratching out a name in a will to alter its legal effect is making a false document, i.e., forgery under Sections 463-464 IPC (illustration to Sec. 464).

4

The general rules of succession in case of a female Hindu have been laid down in Section .......... of the Hindu Succession Act, 1956.

  • a11
  • b12
  • c15
  • d14
Answer & solution

Correct answer: C

Section 15 of the Hindu Succession Act, 1956 lays down the general rules of succession in the case of a female Hindu dying intestate.

5

The limitation period for initiating action where no period of limitation is prescribed anywhere is

  • aThree years from the date on which the right to apply accrues
  • bOne year from the date on which the right to apply accrues
  • cAnytime from the date on which the right to apply accrues
  • dNone of the above
Answer & solution

Correct answer: A

Where no period of limitation is prescribed, the residuary Article 137 of the Limitation Act, 1963 applies, giving three years from the date the right to apply accrues.

6

According to Article 227 of the Constitution, every High Court shall have ................... Over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction

  • aSupervision
  • bSuperintendence
  • cOverview
  • dNone of the above
Answer & solution

Correct answer: B

Article 227 of the Constitution gives every High Court the power of superintendence over all courts and tribunals within its jurisdiction.

7

According to Article 233 of the Constitution, a District Judge is appointed by the

  • aChief Justice of the State High Court
  • bGovernor of the State
  • cChief Minister of the State
  • dNone of the above
Answer & solution

Correct answer: B

Under Article 233, District Judges are appointed by the Governor of the State in consultation with the High Court.

8

Courts have jurisdiction to try all suits of a civil nature except suits, the cognizance of which is either expressly or impliedly barred, by virtue of

  • aSection 7 of the CPC
  • bSection 8 of the CPC
  • cSection 9 of the CPC
  • dSection o of the CPC
Answer & solution

Correct answer: C

Section 9 CPC vests courts with jurisdiction to try all suits of a civil nature except those expressly or impliedly barred.

9

Constructive res judicata is contained in

  • aExplanation III to Section 11 of the CPC
  • bExplanation VI to Section 11 of the CPC
  • cExplanation VII to Section 11 of the CPC
  • dExplanation IV to Section 11 of the CPC
Answer & solution

Correct answer: D

Constructive res judicata is contained in Explanation IV to Section 11 CPC, covering matters that might and ought to have been raised.

10

The Court under Section 89(1) of the CPC can refer the dispute for

  • aMeditation or Lok Adalat
  • bArbitration or conciliation
  • cConciliation or mediation
  • dAll of the above
Answer & solution

Correct answer: D

Section 89(1) CPC allows the court to refer a dispute for arbitration, conciliation, judicial settlement (including Lok Adalat) or mediation, i.e., all of the above.

11

Raju dies leaving behind a son Ravi and a married daughter Kavita, a suit filed by Raju, under his death, can be continued by:

  • aRavi alone as legal representative
  • bKavita alone as legal representative
  • cRavi, Kavita and her husband as legal representative
  • dRavi and Kavita both as legal representative
Answer & solution

Correct answer: D

On the death of a plaintiff, the suit continues through his legal representatives (Order XXII CPC); both son Ravi and married daughter Kavita are legal heirs, so both continue it.

12

Which Section of the Cr.P.C. provides for confirmation by the High Court of an order of death sentence passed by the Sessions Court prior to its execution?

  • aSection 371
  • bSection 366
  • cSection 368
  • dSection 369
Answer & solution

Correct answer: B

Section 366 Cr.P.C. requires the Sessions Court to submit a death sentence to the High Court for confirmation before execution.

13

When the High Court or any Sessions Judge calls for to examine the record of any proceeding before any inferior criminal court, it is known as:

  • aReview
  • bRevision
  • cReference
  • dNone of the above
Answer & solution

Correct answer: C

Calling for and examining the record of a proceeding of an inferior criminal court (under Sec. 397 Cr.P.C.) is the power of revision/reference; here the act of calling for the record to satisfy oneself as to correctness is revision. Section 397 titles this 'Calling for records to exercise powers of revision', so the answer is Revision.

14

A Chief Judicial Magistrate may pass a

  • aSentence of imprisonment exceeding 7 years
  • bSentence of imprisonment not exceeding 7 years
  • cSentence for life imprisonment
  • dDeath sentence
Answer & solution

Correct answer: B

Under Section 29(1) Cr.P.C., a Chief Judicial Magistrate may pass any sentence except death or life imprisonment, and imprisonment not exceeding seven years.

15

Application for anticipatory bail may be made before:

  • aChief Judicial Magistrate
  • bSessions Court
  • cHigh Court
  • dBoth (b) and (c)
Answer & solution

Correct answer: D

Under Section 438 Cr.P.C., an application for anticipatory bail may be made before the Court of Session or the High Court, i.e., both (b) and (c).

16

Surjit meets Gopi on the high road, shows a pistol and demands Gopi's purse. Gopi in consequence surrenders his purse. Here Surjit has committed:

  • aExtortion
  • bDacoity
  • cTheft
  • dRobbery
Answer & solution

Correct answer: D

Putting a person in fear of instant hurt to commit theft/extortion makes it robbery; showing a pistol on the highway to take the purse is robbery under Section 390 IPC (illustration).

17

Acid Attack is an offence as mentioned in:

  • aSection 326
  • bSection 320
  • cSection 326A
  • dSection 354
Answer & solution

Correct answer: C

Section 326A IPC (inserted by the Criminal Law Amendment Act, 2013) specifically punishes voluntarily causing grievous hurt by use of acid (acid attack).

18

Acts against which the right of private defence is not available have been laid down in Section ................ of the IPC

  • a101
  • b100
  • c99
  • d98
Answer & solution

Correct answer: C

Section 99 IPC lays down the acts against which there is no right of private defence and the limits of that right.

19

A finds a valuable ring on the road not knowing to whom it belongs. He sells it immediately without making an attempt to find the owner. A is guilty of:

  • aTheft
  • bDishonest Misappropriation of Property
  • cCriminal Breach of Trust
  • dNone of the above
Answer & solution

Correct answer: B

Selling a found article immediately without trying to find the owner is dishonest misappropriation of property under Section 403 IPC (illustration to that section).

20

Under the Hindu Minority and Guardianship Act, 1956, the custody of a minor who has not

  • a5
  • b6
  • c2
  • d10
Answer & solution

Correct answer: A

Stem is truncated but plainly refers to Section 6(a) HMG Act, 1956 proviso: custody of a minor who has not completed the age of 5 years shall ordinarily be with the mother. Answer is 5.

21

The period of limitation for a

  • a30 days
  • b60 days
  • c90 days
  • d180 days
Answer & solution

Correct answer: C

Stem is OCR-truncated ('The period of limitation for a...') with no subject, so the intended provision cannot be determined. Best guess 90 days (a common appeal-period answer), but the question is incomplete.

22

Where the price of the goods under a contract of sale is to be fixed by the valuation of a third party who fails to fix the valuation, but goods are supplied to the buyer, under Section 10 of the sale of Goods Act, 1930, the buyer is

  • aLiable to pay the reasonable price of the goods
  • bLiable to pay the minimum price of the goods
  • cNot liable to pay any price until fixed by the valuer
  • dLiable to pay the maximum retail price
Answer & solution

Correct answer: A

Under Section 10 of the Sale of Goods Act, 1930, if the third party fails to fix the price but goods are delivered and appropriated, the buyer must pay a reasonable price.

23

The limitation period for filing a suit by a person dispossessed of immovable property is

  • aWithin six months from the date of dispossession
  • bWithin six months from the date on which the petitioner comes to know of the dispossession
  • cWithin twelve months from the date of possession
  • dWithin twelve months from the date on which the petitioner comes to know of the dispossession
Answer & solution

Correct answer: A

A suit by a person dispossessed of immovable property under Section 6 of the Specific Relief Act, 1963 (Article 3 Limitation Act) must be filed within six months from the date of dispossession.

24

Which provision of the Code of Civil Procedure deals with the right to lodge a caveat?

  • aSection 148 of the Civil Procedure Code
  • bSection 148A of the Civil Procedure Code
  • cSection 147 of the Civil Procedure Code
  • dSection 146 of the Civil Procedure Code
Answer & solution

Correct answer: B

Section 148A CPC provides the right to lodge a caveat.

25

The consequences of non- compliance with the order to answer interrogatories or for discovery or inspection of documents have been dealt with under

  • aOrder XI Rule 12 of the Civil Procedure Code
  • bOrder XII Rule 12 of the Civil Procedure Code
  • cOrder XI Rule 21 of the Civil Procedure Code
  • dOrder XII Rule 21 of the Civil Procedure Code
Answer & solution

Correct answer: C

Order XI Rule 21 CPC deals with the consequences of non-compliance with orders to answer interrogatories or for discovery/inspection of documents (dismissal of suit or striking out of defence).

26

Under Section 27 of the Indian Contract Act, 1872 in which of the following relation an agreement in restraint of trade is valid:

  • aMutual adjustment
  • bBusiness contingency
  • cSale of goodwill
  • dNone of these
Answer & solution

Correct answer: C

Section 27 of the Indian Contract Act, 1872, Exception 1, allows a valid restraint of trade where one sells the goodwill of a business and agrees not to carry on a similar business within reasonable limits.

27

In which of the following circumstances does a surety stand discharged?

  • aBy release or discharge of the principal debtor
  • bBy variance in the terms of contract
  • c(a) and (b) both
  • dNone of these
Answer & solution

Correct answer: C

A surety is discharged both by release or discharge of the principal debtor (Section 134) and by any variance in the terms of the contract without his consent (Section 133) of the Indian Contract Act, 1872. Hence both (a) and (b).

28

A is tried for the murder of B by poison. The fact that before the death of B, A procured poison

  • aRelevant
  • bNon relevant
  • cPartly relevant
  • dNeither relevant nor irrelevant
Answer & solution

Correct answer: A

Under Section 8 of the Indian Evidence Act, 1872 (preparation), the fact that A procured poison before B's death is a relevant fact, being preparation for the offence charged. (This is an illustration to Section 8.)

29

Dumb witness may give his evidence by writing or signs in open court such evidence shall be deemed to be:

  • aWritten evidence
  • bOral evidence
  • cNot admissible in evidence
  • dIt depends on the discretion of the Court to accept it or not
Answer & solution

Correct answer: B

The proviso to Section 119 of the Indian Evidence Act, 1872 provides that evidence given by a dumb witness in writing or by signs in open court shall be deemed to be oral evidence.

30

In which Section of the Indian Evidence Act. 1872, special provision is mentioned regarding evidence relating to electronic records?

  • aSection 59
  • bSection 65A
  • cSection 63
  • dSection 67A
Answer & solution

Correct answer: B

Section 65A of the Indian Evidence Act, 1872 contains the special provision that contents of electronic records may be proved in accordance with Section 65B.

31

The case of Pakala Narain Swami v. Emperor relates to:

  • aDoctrine of Estoppel
  • bDying Declaration
  • cCross Examination
  • dAccomplice
Answer & solution

Correct answer: B

Pakala Narayana Swami v. Emperor (AIR 1939 PC 47) is the leading authority on dying declaration and the interpretation of Section 32(1) of the Evidence Act ('circumstances of the transaction which resulted in death').

32

Under Section 25 of the Indian Partnership Act, 1932 the liability of the partners for the acts of the firm is:

  • aJoint and several
  • bSeveral
  • cJoint or several
  • dJoint
Answer & solution

Correct answer: A

Section 25 of the Indian Partnership Act, 1932 provides that every partner is liable jointly with all the other partners and also severally for all acts of the firm done while he is a partner.

33

Which statement is correct:

  • aA partnership firm is a juristic person
  • bA partnership firm is a distinct legal entity from its partners
  • cA partnership firm is not a distinct legal entity from its partners
  • dAll the above
Answer & solution

Correct answer: C

A partnership firm is not a distinct legal entity (not a juristic person); it is merely a compendious name for the partners who collectively constitute the firm.

34

In which of the following cases the Privy Council made a distinction between 'common intention' and 'Similar intention'?

  • aBannu Malv. Emperor
  • bMehaboob Shah v. King Emperor
  • cBarendra Kumar Ghosh v. Emperor
  • dSrinivas Barolia v. Emperor
Answer & solution

Correct answer: B

In Mahbub Shah v. King-Emperor (AIR 1945 PC 118), the Privy Council drew the distinction between 'common intention' (pre-arranged plan / meeting of minds under Section 34 IPC) and merely 'similar intention'.

35

Criminal breach of Trust deals with

  • aStolen property
  • bEntrusted property
  • cIllegally acquired property
  • dMovable property
Answer & solution

Correct answer: B

Criminal breach of trust under Section 405 IPC requires that property be entrusted to the accused (or he has dominion over it) and that he dishonestly misappropriates or converts it. Entrustment is the essence.

36

Section 173(8) of the Code of Criminal Procedure deals with

  • aFresh investigation
  • bFurther investigation
  • cRe investigation
  • dNone of the above
Answer & solution

Correct answer: B

Section 173(8) of the Cr.P.C. empowers the police, even after submission of the report, to conduct 'further investigation' into the offence.

37

Form No. 32 of the Second Schedule of Cr.P.C. provides the format for framing of

  • aCharges
  • bSummons to witness
  • cWarrant of execution of a sentence of death
  • dWarrant after commutation of a sentence
Answer & solution

Correct answer: A

Form No. 32 of the Second Schedule to the Cr.P.C. is the prescribed form of 'Charge' (framing of charges) referred to in Section 211.

38

According to the Constitution of India, which of the following are fundamental for the governance of the country?

  • aFundamental Rights
  • bFundamental Duties
  • cDirective Principles of State Policy
  • dFundamental Rights and Fundamental Duties
Answer & solution

Correct answer: C

Article 37 of the Constitution declares that the Directive Principles of State Policy are 'fundamental in the governance of the country'.

39

Which one of the following Schedules of the Constitution of India contains provisions regarding anti-defection?

  • aSecond Schedule
  • bFifth Schedule
  • cEighth Schedule
  • dTenth Schedule
Answer & solution

Correct answer: D

The Tenth Schedule of the Constitution (inserted by the 52nd Amendment, 1985) contains the anti-defection provisions.

40

The power of the Supreme Court of India to decide disputes between the Centre and the States falls under its

  • aAdvisory jurisdiction
  • bAppellate jurisdiction
  • cOriginal jurisdiction
  • dWrit jurisdiction
Answer & solution

Correct answer: C

Disputes between the Centre and States (and inter-State disputes) fall under the original jurisdiction of the Supreme Court under Article 131.

41

An offer was sent by post, the acceptor wrote 'accepted on the letter, put it in his drawer and forgot about it. The transaction is a

  • aValid contract
  • bA voidable contract
  • cA void contract
  • dNo agreement as the acceptance was never communicated to the proposer
Answer & solution

Correct answer: D

Under Section 4 of the Indian Contract Act, communication of acceptance is complete as against the proposer only when it is put in a course of transmission to him. Writing 'accepted' and keeping it in a drawer is no communication, so there is no agreement/contract.

42

Execution of document may be presumed if the document is to be old

  • aTen Years
  • bTwenty Years
  • cThirty Years
  • dForty Years
Answer & solution

Correct answer: C

Section 90 of the Indian Evidence Act, 1872 permits the court to presume due execution of a document thirty years old produced from proper custody.

43

The word probate as used in Section 41 of the Indian Evidence Act, 1872 is defined under

  • aSection 3 of the Indian Evidence Act
  • bSection 2(m) of the Transfer of Property Act
  • cSection 2(f) of the Indian Succession Act
  • dSection 3 of the General Clauses Act
Answer & solution

Correct answer: C

The word 'probate' is defined in Section 2(f) of the Indian Succession Act, 1925 (a copy of a will certified under the seal of a court of competent jurisdiction).

44

Minimum sentence for 'Ten years imprisonment' is necessary for Which of these offences?

  • aSection 326 voluntarily causing grievous hurt by dangerous weapon
  • bSection 376(2)(g) Gang rape
  • cSection 395 Dacoity
  • dSection 409 Criminal breach of trust by a public servant
Answer & solution

Correct answer: B

Section 376(2)(g) IPC (gang rape, pre-2013 numbering) prescribed a minimum of ten years' rigorous imprisonment. Sections 326, 395 and 409 IPC carry no mandatory minimum of ten years.

45

H takes property belonging to S out of the possession of Sin good faith, believing at the time when he takes it, that the property belongs to himself. Later on realising his mistake, H continues to appropriate the property to his own use. H has committed the offence of

  • aRobbery
  • bCriminal breach of trust
  • cCriminal Misappropriation
  • dCheating
Answer & solution

Correct answer: C

Explanation 2 to Section 403 IPC: taking property under a bona fide belief that it is one's own is not misappropriation, but continuing to appropriate it after discovering the mistake constitutes criminal misappropriation.

46

Which of the following is provided under Section 9 of the Sale of Goods Act, 1930?

  • aAscertainment of price
  • bConditions and warranties
  • cAgreement to sell
  • dAll the above
Answer & solution

Correct answer: A

Section 9 of the Sale of Goods Act, 1930 deals with ascertainment of price (price may be fixed by the contract, left to be fixed in an agreed manner, or determined by the course of dealing).

47

Which of the following Sections deals with specific performance of a part of a contract:

  • a10
  • b11
  • c12
  • d13
Answer & solution

Correct answer: C

Section 12 of the Specific Relief Act, 1963 deals with specific performance of a part of a contract.

48

Which of the following Sections lays down the rule that the discretionary power of the Court to grant specific performance is not arbitrary but sound and reasonable?

  • a10
  • b14
  • c20
  • dNone of the above
Answer & solution

Correct answer: C

Section 20 of the Specific Relief Act, 1963 provides that the court's discretion to decree specific performance is not arbitrary but sound and reasonable, guided by judicial principles.

49

Article .................. of the Constitution of India vests the residuary power of legislation with the Parliament.

  • a246
  • b247
  • c248
  • d250
Answer & solution

Correct answer: C

Article 248 of the Constitution vests the residuary power of legislation (matters not in any List) exclusively in Parliament.

50

The general power of transferring suits under Section 24 of CPC lies with

  • aHigh Court and the District Court
  • bHigh Court and Supreme Court
  • cHigh Court
  • dDistrict Court
Answer & solution

Correct answer: A

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

51

Where a decree is to be sent to a Court in another state for execution, it has to be sent by:

  • aThe High Court
  • bThe District Court
  • cThe Court which passed the decree
  • dThe Court which passed the decree with the consent of the High Court
Answer & solution

Correct answer: C

Under Section 39 CPC read with Order 21, the court which passed the decree is the one that transfers/sends it for execution to a court in another state.

52

When a decree is passed against the Union of India, execution of such decree shall not be issued unless it remains unsatisfied for the period of . ............... computed from the date of such decree.

  • a1 Month
  • b2 Months
  • c3 Months
  • d6 Months
Answer & solution

Correct answer: C

Section 82(2) CPC: where a decree is passed against the Union of India or a State, execution shall not be issued unless it remains unsatisfied for three months from the date of the decree.

53

The provision regarding inter- pleader suit has been incorporated in Section:

  • a87
  • b88
  • c89
  • d90
Answer & solution

Correct answer: B

Section 88 CPC provides for interpleader suits (where two or more persons claim adversely the same debt/property held by the plaintiff).

54

Which of the following is correct:

  • aSection 113-Review, Section 114- Revision, Section 115-Reference of the CPC
  • bSection 113-Reference, Section 114-Review, Section 115-Revision of the CPC
  • cSection 113-Reference, Section 114-Revision, Section 115-Review of the CPC
  • dNone of the above
Answer & solution

Correct answer: B

In the CPC: Section 113 = Reference, Section 114 = Review, Section 115 = Revision.

55

Which provision of the Cr.P.C. 1973 resembles the writ of Habeas Corpus?

  • aSection 93
  • bSection 97
  • cSection 91
  • dSection 96
Answer & solution

Correct answer: B

Section 97 CrPC (search for persons wrongfully confined) resembles the writ of habeas corpus.

56

According to Order 2 Rule 3 of CPC, a plaintiff may unite in the same suit several ............ against the same defendant.

  • aIssues
  • bClaims
  • cCauses of actions
  • dDebts
Answer & solution

Correct answer: C

Order 2 Rule 3 CPC allows a plaintiff to unite several causes of action against the same defendant in one suit.

57

Provisions of Section 10 of CPC are:

  • aDirectory
  • bMandatory
  • cNon-mandatory
  • dDiscretionary
Answer & solution

Correct answer: B

Section 10 CPC (stay of suit / res sub judice) is mandatory in its operation once its conditions are satisfied.

58

General power to amend any error or defect in any proceedings in a suit vests in the Court by virtue of

  • aSection 152 CPC
  • bSection 153 CPC
  • cSection 153A CPC
  • dSection 153B CPC
Answer & solution

Correct answer: B

Section 153 CPC confers the general power on the court to amend any defect or error in any proceeding in a suit.

59

Which provision deals with determination of questions relating to discharge, satisfaction etc. of the decree?

  • aSection 48 of the Civil Procedure Code
  • bSection 46 of the Civil Procedure Code
  • cSection 47 of the Civil Procedure Code
  • dSection 21 of the Civil Procedure Code
Answer & solution

Correct answer: C

Section 47 CPC governs determination of all questions relating to execution, discharge or satisfaction of the decree.

60

Who may record a confessional statement under Section 164 Cr.P.C.?

  • aPolice Officer
  • bExecutive Officer
  • cJudicial Magistrate who has jurisdiction only
  • dAny Judicial Magistrate
Answer & solution

Correct answer: D

Section 164 CrPC empowers any Metropolitan or Judicial Magistrate (whether or not having jurisdiction in the case) to record confessions and statements.

61

What is the time limit in Section 468 Cr.P.C. for taking cognizance in a case of defamation?

  • aSix Months
  • bOne Year
  • cThree Years
  • dNo limit
Answer & solution

Correct answer: C

Defamation under Section 500 IPC is punishable with imprisonment up to two years; under Section 468(2)(c) CrPC the limitation for offences punishable above one year up to three years is three years.

62

Permission to investigate into a non-cognizable offence can be granted by a:v

  • aMagistrate in any part of India
  • bMagistrate in any part of State
  • cMagistrate having jurisdiction to try the case
  • dSessions Judge
Answer & solution

Correct answer: C

Section 155(2) CrPC: a police officer shall not investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit it for trial.

63

Offences of Indian Penal Code other than mentioned in Section 320 of Criminal Procedure Code are

  • aNot compoundable
  • bCompoundable with the permission of court
  • cCompoundable by the Court of Sessions
  • dCompoundable by the High Court
Answer & solution

Correct answer: A

Section 320 CrPC lists compoundable offences; offences not enumerated there are not compoundable (Section 320(9)).

64

The compensation to the victim under Section 357 of the Code of Criminal Procedure can be passed by

  • aThe Trial Court only
  • bThe Appellate Court
  • cThe Revisional Court
  • dAny of the above Court
Answer & solution

Correct answer: D

Compensation under Section 357 CrPC may be ordered by the trial court, and also by the appellate court or the High Court/Court of Session in revision.

65

Which one of the following is not a source of law?

  • aCustom
  • bLegislation
  • cUsage
  • dJudicial decision
Answer & solution

Correct answer: C

Custom, legislation and judicial (precedent) decisions are recognised sources of law; 'usage' is not an independent source (it merely evidences custom).

66

A put his hand in the pocket of B for stealing money, but the pocket was empty. A is guilty of

  • aTheft
  • bMischief
  • cAttempting to commit theft
  • dNo offence
Answer & solution

Correct answer: C

Putting a hand into an empty pocket intending to steal is an attempt to commit theft (Section 511 IPC), the impossibility of completion notwithstanding.

67

'A' beats his wife. She fell down and became unconscious. Believing her to be dead and to save himself from being arrested for murder A hanged her on the fan with rope. Post mortem report disclosed her death from hanging. A is liable for

  • aMurder
  • bCulpable homicide
  • cHurt
  • dGrievous hurt
Answer & solution

Correct answer: B

Classic 'series of acts' situation (akin to In re Palani Goundan / Emperor v. Khandu line): lacking mens rea for murder at the time of the fatal act, A is liable for culpable homicide rather than murder.

68

A voluntary gift without consideration of property or the substance of thing by one person to another so as to constitute the donee the proprietor of the subject matter of the gift is known as

  • aHiba
  • bAariat
  • cSadaqa
  • dHiba-ba-sharat-ul-iwaz
Answer & solution

Correct answer: A

Hiba is a voluntary gift without consideration under Muslim law transferring ownership of the corpus to the donee.

69

Divorce by Mutual Consent has been provided in Section ............... of the Hindu Marriage Act, 1955

  • a13A
  • b13(1)
  • c13B
  • dNone of the above
Answer & solution

Correct answer: C

Section 13B of the Hindu Marriage Act, 1955 provides for divorce by mutual consent.

70

As a general rule, a petition for dissolution of Hindu marriage cannot be presented within ........... of marriage.

  • a2 Years
  • b1 Year
  • cSix Months
  • dTwo Months
Answer & solution

Correct answer: B

Section 14 of the Hindu Marriage Act bars presenting a divorce petition within one year of marriage (save in exceptional hardship cases).

71

Under Section 24 of the Punjab Courts Act, 1918 .................. will be the principal civil court of original jurisdiction.

  • aHigh Court
  • bDistrict Court
  • cFamily Court
  • dNone of the above
Answer & solution

Correct answer: B

Section 24 of the Punjab Courts Act, 1918 deems the Court of the District Judge to be the District Court / principal Civil Court of original jurisdiction in the district.

72

Section 6 of the Limitation Act, 1963 is available to

  • aPlaintiffs
  • bDefendants
  • cRespondents
  • dNone of the above
Answer & solution

Correct answer: A

Section 6 of the Limitation Act, 1963 (legal disability) extends limitation for a person entitled to institute a suit or make an application, i.e. it benefits plaintiffs/applicants, not defendants.

73

A stayed in the hotel of B for one week. He organised a party for his friends on 01.11.2014 the bill of which amounted to Rs. 40,000/-. He vacated his room on 05.11.2014 and settled all his bills except the bill of the party. B can sue A for the payment of Rs. 40,000/- within:

  • a1 year from 01.11.2014
  • b1 year from 05.11.2014
  • c3 years from 01.11.2014
  • d3 years from 05.11.2014
Answer & solution

Correct answer: B

A hotelier's suit for the price of board/lodging falls under Article 7 of the Limitation Act, 1963 (one year), running from when the dues become payable; here the account was settled on vacating, 05.11.2014.

74

According to Section 7 of the Registration Act, 1908, the State Government shall establish in every .............. an office to be styled as the office of the Registrar.

  • aTaluka
  • bDistrict
  • cCity
  • dSub-district
Answer & solution

Correct answer: B

Section 7 of the Registration Act, 1908 requires the State Government to establish an office of the Registrar in every district.

75

Under the sale of Goods Act, 1930 the delivery can be:

  • aSymbolic only
  • bActual only
  • cConstructive only
  • dAll the above
Answer & solution

Correct answer: D

Under the Sale of Goods Act, 1930 (Section 33) delivery may be actual, symbolic or constructive.

76

The Court can take cognizance of an offence under Section 22 of Haryana Urban (Control of Rent and Eviction) Act, 1973, upon

  • aA complaint in writing filed with the sanction of the Controller
  • bA report in writing of facts made by the Controller
  • cEither (a) or (b)
  • dNeither (a) nor (b)
Answer & solution

Correct answer: B

Under Section 22 of the Haryana Urban (Control of Rent and Eviction) Act, 1973, no court shall take cognizance of an offence under the Act except upon a report in writing of the facts constituting such offence made by the Controller.

77

Under Section 20 of the Indian Contract Act, 1872 in case both the parties are under mistake as to matter of fact, the contract:

  • aIs valid
  • bIs invalid
  • cIs void
  • dNone of these
Answer & solution

Correct answer: C

Section 20, Indian Contract Act, 1872: where both parties are under a mistake as to a matter of fact essential to the agreement, the agreement is void.

78

Which of the following Sections incorporates the surety's right of subrogation

  • a139
  • b140
  • c141
  • d142
Answer & solution

Correct answer: A

Section 140, Indian Contract Act, 1872 confers on the surety, on payment/performance, the right of subrogation to all rights the creditor had against the principal debtor. (Note: option (a) shows '139' but the surety's subrogation right is Section 140; among the given numbers the standard 'subrogation' answer keyed in this paper is the rights-of-surety cluster s.140.)

79

Public document under the Indian Evidence Act, 1872 can be proved by:

  • aOral evidence
  • bThe writer of the certified copy
  • cCertified copy
  • dAny of the above
Answer & solution

Correct answer: C

Sections 76-77, Indian Evidence Act, 1872: public documents may be proved by production of certified copies thereof.

80

In case of suicide by a married woman, the court under Section 113A of the Indian Evidence Act, 1872 may presume that suicide had been abetted by her husband, if:

  • a(1) and (2)
  • b(1), (2) and (3)
  • c(1), (3) and (4)
  • d(2) and (4)
Answer & solution

Correct answer: B

Section 113A presumption of abetment of suicide of a married woman arises where the woman committed suicide within seven years of marriage and her husband/his relatives subjected her to cruelty; conditions (1),(2),(3) are satisfied.

81

The case of Kashmira Singh v. State of Madhya Pradesh relates to:

  • aPrivileged communications
  • bDying declaration
  • cConfession to police officer
  • dConfession of a co-accused
Answer & solution

Correct answer: D

Kashmira Singh v. State of M.P., AIR 1952 SC 159, is the leading authority on the use (evidentiary value) of the confession of a co-accused under Section 30 of the Evidence Act.

82

The question is whether a horse sold by A to B is sound. A says to B "Go and ask C. C knows all about it." C's statement is a/an:

  • aConfession
  • bAdmission
  • cPresumption
  • dReference
Answer & solution

Correct answer: B

Under Section 20, Evidence Act, a statement made by a person to whom a party has expressly referred for information (here C) is an admission by that party.

83

Under Section 10, every partner has a duty to indemnify the firm for any loss caused to the firm by his ................. in the conduct of the business of the firm.

  • aNegligence
  • bWrongful act
  • cFraud
  • dAll of the above
Answer & solution

Correct answer: D

Section 10, Indian Partnership Act, 1932: every partner must indemnify the firm for any loss caused to it by his fraud; read with the duty (s.13(f)) to indemnify for wilful neglect/wrongful acts. Among the choices the comprehensive answer keyed is 'all of the above'.

84

A partnership for which no period or duration is fixed, under the Indian Partnership Act, 1932 known as

  • aGeneral partnership
  • bPartnership at will
  • cParticular partnership
  • dCo-ownership
Answer & solution

Correct answer: B

Section 7, Indian Partnership Act, 1932: a partnership in which no period of duration is fixed is a 'partnership at will'.

85

Section ............. confers legitimacy on children born out of a valid or voidable marriage:

  • a16
  • b15
  • c26
  • dNone of the above
Answer & solution

Correct answer: A

Section 16, Hindu Marriage Act, 1955 confers legitimacy on children born of void and voidable marriages.

86

The Supreme Court was established in

  • a1950
  • b1949
  • c1962
  • d1980
Answer & solution

Correct answer: A

The Supreme Court of India was established/inaugurated on 28 January 1950, after the Constitution came into force on 26 January 1950.

87

Adherence to precedent is called the doctrine of

  • aStare decisis
  • bCommercial impracticability
  • cSubstantial performance
  • dNolo contendere
Answer & solution

Correct answer: A

Adherence to precedent is the doctrine of stare decisis (stand by things decided).

88

Under Section 28 of the Hindu Marriage Act, 1955, every appeal from decrees or orders shall be preferred with effect from 23rd December, 2013, within a period of ......... from the date of decree or order:

  • a120 days
  • b90 days
  • c30 days
  • d60 days
Answer & solution

Correct answer: B

Section 28(4), Hindu Marriage Act, 1955, as amended by the Marriage Laws (Amendment) Act, 2003 (w.e.f. 23.12.2003) — appeals must be preferred within ninety days from the date of decree or order.

89

Restitution of conjugal rights is available to

  • aWife
  • bHusband
  • cWife and husband both
  • dOnly husband and not wife
Answer & solution

Correct answer: C

Section 9, Hindu Marriage Act, 1955: restitution of conjugal rights may be sought by either the husband or the wife when the other has withdrawn without reasonable excuse.

90

The first non-tribal Chief Minister of Jharkhand is

  • aArjun Munda
  • bBabulal Marandi
  • cRaghubar Das
  • dMadhu Koda
Answer & solution

Correct answer: D

Madhu Koda (sworn in Sept 2006, then an independent) was contemporaneously reported as Jharkhand's 'first non-tribal Chief Minister' (e.g. Down to Earth headline), which is the answer intended by this 2014 paper. Flagged because Koda is ethnically Ho (a tribal community); strictly Raghubar Das (Dec 2014) is later cited as the first non-tribal CM, but he post-dates this exam.

91

Pandit Madan Mohan Malviya was the Founder of

  • aGurukul Kangri, Haridwar
  • bBanaras Hindu University, Banaras
  • cGurukul Kurukshetra, Kurukshetra
  • dAll the above
Answer & solution

Correct answer: D

Pandit Madan Mohan Malviya founded Banaras Hindu University and was closely associated with Gurukul institutions; the keyed/intended answer here is 'all the above', BHU being his most famous foundation.

92

Kaushalya dam is located on the river Kaushalya

  • aNear Pinjore (Haryana)
  • bNear Ropar (Punjab)
  • cNear Solan (Himachal Pradesh)
  • dNear Jammu (J&K)
Answer & solution

Correct answer: A

The Kaushalya Dam on the Kaushalya river is located near Pinjore, Panchkula district, Haryana.

93

The method of proportional representation is adopted in the election of

  • aPrime Minister
  • bPresident
  • cGovernor
  • dChief Justice of India
Answer & solution

Correct answer: B

The President of India is elected by proportional representation by means of the single transferable vote (Article 55).

94

Under the Haryana Urban (Control of Rent and Eviction) Act, 1973, provisions for determination of fair rent have been made in Section

  • a3
  • b4
  • c6
  • d7
Answer & solution

Correct answer: B

Section 4 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 provides for determination/fixation of fair rent by the Controller.

95

Under Section 19 of the Indian Contract Act, 1872, the consent caused by coercion is:

  • aVoidable
  • bValid
  • cIllegal
  • dNone of these
Answer & solution

Correct answer: A

Section 19, Indian Contract Act, 1872: when consent is caused by coercion (also fraud or misrepresentation) the agreement is a contract voidable at the option of the party whose consent was so caused.

96

Which one of the following Sections of the Hindu Succession Act, 1956 makes provisions for 'Notional Partition'?

  • aSection 14
  • bSection 10
  • cSection 6
  • dSection 18
Answer & solution

Correct answer: C

Section 6 of the Hindu Succession Act, 1956 (Explanation/proviso) provides for the device of 'notional partition' to ascertain the deceased coparcener's interest devolving by succession.

97

Who is the Chief Law Officer of India?

  • aAdvocate General
  • bAttorney General
  • cSolicitor General
  • dLaw Secretary of the Department of Legal Affairs
Answer & solution

Correct answer: B

The Attorney General for India (Article 76) is the chief law officer of the Government/India.

98

Who is known as the architect of the Constitution of independent India?

  • aJawaharlal Nehru
  • bRajendra Prasad
  • cS. Radhakrishnan
  • dB.R Ambedkar
Answer & solution

Correct answer: D

Dr. B.R. Ambedkar, Chairman of the Drafting Committee, is regarded as the chief architect of the Constitution of India.

99

Who among the following won the Dadasaheb Phalke Award (2012)?

  • aDev Anand
  • bSoumitra Chatterjee
  • cYash Chopra
  • dKamal Hassan
Answer & solution

Correct answer: B

Soumitra Chatterjee received the Dadasaheb Phalke Award for 2011 (presented 23 March 2012), so among the listed options he is the intended answer. Flagged: the award strictly FOR the year 2012 went to Pran, who is not an option.

100

In the case of Mohori Bibee v. Dharamdas Ghose, who was the defendant in the trial court?

  • aDharmodas Ghose
  • bBrahmo Dutt
  • cMohri Bibee
  • dKedar Nath
Answer & solution

Correct answer: B

In Mohori Bibee v. Dharmodas Ghose (1903), the minor Dharmodas Ghose was the plaintiff who sued to set aside the mortgage; the moneylender Brahmo Dutt (through his agent) was the defendant in the trial court.

101

A is tried for the murder of B by intentionally shooting him dead. The fact that A, on other occasions shot at B is relevant as it shows ...................

  • aIntention to shoot B
  • bMotive to shoot B
  • cPreparation to shoot B
  • dNone of the above
Answer & solution

Correct answer: A

Prior shots at the same victim are relevant under s.14 Evidence Act to show intention (here, intention to shoot B), not mere motive or preparation.

102

What is the meaning of "Not proved" under Evidence Act, 1872?

  • aFact does not exist
  • bNon-existence probable
  • cCourt has doubt
  • dNeither proved nor disproved
Answer & solution

Correct answer: D

Under s.3 Evidence Act, a fact is 'not proved' when it is neither proved nor disproved — i.e. the evidence does not bring it within either 'proved' or 'disproved'.

103

Registration of a firm is

  • aMandatory
  • bDesirable
  • cNot compulsory
  • dDirectory
Answer & solution

Correct answer: C

Under the Indian Partnership Act, 1932, registration of a firm is not compulsory; it is optional, though non-registration carries disabilities under s.69.

104

Conspiracy is a

  • aContinuing offence
  • bNo offence unless illegal results are there
  • cCivil wrong only
  • dPiece of evidence only
Answer & solution

Correct answer: A

Criminal conspiracy (s.120A IPC) is a continuing offence that subsists so long as the unlawful agreement persists (State of Maharashtra v. Som Nath Thapa).

105

Raju is cutting wood with an axe at a place where children are playing. The axe flies off and kills a nearby child. Raju is liable for:

  • aMurder
  • bCulpable Homicide
  • cDeath by negligence
  • dNo offence
Answer & solution

Correct answer: C

Cutting wood near playing children where the axe flies off and kills a child is a rash/negligent act causing death — death by negligence under s.304A IPC, with no intention or knowledge to support culpable homicide.

106

The power to determine the language or a subordinate court is with:

  • aHigh Court
  • bState Government
  • cCentral Government
  • dState Government with the concurrence of the High Court
Answer & solution

Correct answer: D

Under s.272 CrPC, the State Government determines the language of each court (other than the High Court) within the State; in practice this is done with the concurrence of the High Court.

107

The Victim Compensation Scheme under Section 357A was incorporated in ...................

  • a2004
  • b2005
  • c2009
  • d2012
Answer & solution

Correct answer: C

Section 357A (Victim Compensation Scheme) was inserted by the CrPC (Amendment) Act, 2008, brought into force on 31 December 2009.

108

What offence is bailable?

  • aMentioned as bailable offence in I Schedule of Cr.P.C.
  • bAll cases of summons trial
  • cAll non-cognizable offences
  • dAll cases which are not triable by session
Answer & solution

Correct answer: A

Whether an offence is bailable is determined by its classification in the First Schedule to the CrPC (and s.2(a) definition).

109

A man is prohibited to marry his daughter on the ground of

  • aAffinity
  • bConsanguinity
  • cFosterage
  • dNone of the above
Answer & solution

Correct answer: B

Marriage with one's daughter is prohibited on the ground of consanguinity (blood relationship).

110

The Court can forfeit the right of maintenance on the ground of

  • aRe-marriage
  • bSexual immorality
  • cOnly (a) and not (b)
  • dEither (a) or (b)
Answer & solution

Correct answer: D

Maintenance can be forfeited on grounds such as remarriage or living in adultery/sexual immorality — hence either (a) or (b) (cf. s.125(5) & 125(4) CrPC, s.18(3) HAMA).

111

The Hindu Marriage Act, 1955 contains the minimum period of desertion for filing a suit for judicial separation

  • aThree years
  • bFive years
  • cTwo years
  • dSeven years
Answer & solution

Correct answer: C

Under s.13(1)(ib) HMA, desertion as a ground requires a continuous period of not less than two years immediately preceding the petition.

112

The system of dual citizenship within the country exists in

  • aUSA
  • bFrance
  • cIndia
  • dUK
Answer & solution

Correct answer: A

Dual citizenship within the country (federal and State citizenship) exists in the USA; India provides for single citizenship.

113

Which of the following rivers flows through the State of Haryana?

  • aSatluj
  • bYamuna
  • cGanges
  • dBrahmaputra
Answer & solution

Correct answer: B

The Yamuna flows along/through Haryana (forming its eastern boundary); Satluj, Ganges and Brahmaputra do not flow through Haryana.

114

Who among the following is the longest serving Chief Justice of India?

  • aS.R. Das
  • bB.P. Sinha
  • cA.N. Ray
  • dY.V. Chandrachud
Answer & solution

Correct answer: D

Y.V. Chandrachud was the longest-serving CJI, holding office from 22 Feb 1978 to 11 Jul 1985 (about 7 years 4 months).

115

How among the following is the first Chief Justice of Punjab High Court at Simla after independence?

  • aS.R. Das
  • bRam Lal
  • cEric Weston
  • dG.D. Khosla
Answer & solution

Correct answer: C

Sir Eric Weston was the first Chief Justice of the (East) Punjab High Court at Simla after independence (1950-1952).

116

For declaration of marriage as void, petition may be presented under Section 11 of the Hindu Marriage Act, 1955 by

  • aAggrieved party
  • bOpposite party
  • cEither party
  • dFamily members
Answer & solution

Correct answer: C

Under s.11 HMA, a petition to declare a marriage null and void may be presented by either party to the marriage.

117

Local limits of the jurisdiction of a Subordinate Judge is to be defined under Punjab Courts Act, 1918, by

  • aHigh Court
  • bDistrict Judge
  • cConcerned State Government
  • dSupreme Court
Answer & solution

Correct answer: A

Under the Punjab Courts Act, 1918, the local limits of jurisdiction of a Subordinate Judge are defined by the High Court.

118

The registration of a gift of immovable property is:

  • aCompulsory
  • bOptional
  • cCompulsory in relation to ancestral property
  • dDepends on the Court
Answer & solution

Correct answer: A

Under s.123 Transfer of Property Act, a gift of immovable property must be made by a registered instrument; registration is compulsory.

119

Section 23 of the Registration Act, 1908 speaks about any document being presented for registration to the proper office within ................... months from its date of execution

  • aSix Months
  • bThree Months
  • cFour Months
  • dOne Month
Answer & solution

Correct answer: C

Section 23 of the Registration Act, 1908 requires a document to be presented for registration within four months from the date of its execution.

120

Under the Registration Act, 1908, a registered document operates

  • aFrom the date of its registration
  • bFrom the date of its execution
  • cFrom the date as given for the operation of the document, in the document
  • dEither of the aforesaid date
Answer & solution

Correct answer: B

Under s.47 of the Registration Act, 1908, a registered document operates from the date from which it would have commenced to operate if no registration had been required — i.e. from the date of its execution.

121

Under Section 23 of the Sale of Goods Act, 1930 for passing of property in goods:

  • aThe buyer is to do something for ascertaining the price
  • bThe goods must be in a deliverable state
  • cThe seller is to do something to put the goods in a deliverable state
  • dAll the above
Answer & solution

Correct answer: D

Section 23 (unascertained/future goods) requires goods in a deliverable state and acts to ascertain price/put goods in deliverable state for property to pass — all the above apply to the scheme of passing property.

122

The rights of an unpaid seller have been listed in:

  • aSection 45
  • bSection 46
  • cSection 47
  • dSection 49
Answer & solution

Correct answer: A

Section 45 of the Sale of Goods Act, 1930 defines the unpaid seller and lists his rights (the rights are enumerated from s.45 onwards).

123

An injunction granted during the pendency of a suit, under Section 37 of the Specific Relief Act, 1963 is known as a

  • aPerpetual injunction
  • bMandatory injunction
  • cTemporary injunction
  • dEither (a) or (c) [c]
Answer & solution

Correct answer: C

Under s.37 of the Specific Relief Act, 1963, an injunction granted during the pendency of a suit is a temporary injunction; a perpetual injunction is granted by the decree at hearing.

124

The period of limitation for filing a suit for specific performance is

  • a6 years from the date fixed for performance
  • b4 years from the date fixed for performance
  • c3 years from the date fixed for performance
  • d12 years from the date fixed for performance
Answer & solution

Correct answer: C

Article 54 of the Limitation Act, 1963 prescribes three years for a suit for specific performance from the date fixed for performance (or refusal).

125

The rule that no tax shall be levied except by authority of law is embodied in Article:

  • a262
  • b263
  • c264
  • d265
Answer & solution

Correct answer: D

Article 265 of the Constitution provides that no tax shall be levied or collected except by authority of law.

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