Haryana Judiciary — Prelims 2017

Correct answer: D

The Explanation to Order XXIII Rule 3 CPC provides that an agreement or compromise which is void or voidable under the Indian Contract Act, 1872 shall not be deemed to be lawful within the meaning of this rule.

Correct answer: C

The Explanation to Order IX Rule 13 CPC bars a setting-aside application only where the appeal against the ex parte decree was disposed of on any ground OTHER than withdrawal. Since here the appeal was withdrawn, the subsequent Order IX Rule 13 application remains maintainable.

Correct answer: D

Order XXXV Rule 4 CPC expressly bars a tenant from instituting an interpleader suit against his landlord to compel him to interplead with persons other than those claiming through the landlord.

Correct answer: A

Under Section 320(8) CrPC, the composition of an offence has the effect of an acquittal of the accused against whom the offence has been compounded.

Correct answer: B

Under Section 380 CrPC, when in one trial an appeal lies against the conviction of one accused (Y), then the other co-accused (X) may also appeal even though no appeal would otherwise lie against his conviction.

Correct answer: B

Section 50(2) CrPC makes it mandatory for a police officer arresting a person without warrant for a bailable (i.e., not non-bailable) offence to inform him of his right to be released on bail.

Correct answer: C

X acted under threat of instant death and is protected by Section 94 IPC (act done under compulsion/duress, except murder and offences against the State punishable with death). Hence X has committed no offence.

Correct answer: D

Abduction under Section 362 IPC has no age or sanity requirement; it applies to a person of any age, unlike kidnapping from lawful guardianship.

Correct answer: B

Rioting (Section 146 IPC) requires an unlawful assembly, which under Section 141 IPC must consist of five or more persons. Hence the minimum is 5.

Correct answer: B

The five 'panchsheel' golden principles of proof by circumstantial evidence were laid down in Sharad Birdhichand Sarda v. State of Maharashtra, AIR 1984 SC 1622.

Correct answer: D

Section 134 of the Indian Evidence Act, 1872 provides that no particular number of witnesses is required to prove any fact; evidence is weighed, not counted.

Correct answer: C

Under Section 138 of the Indian Evidence Act, 1872, the examination of a witness by the party who called him, subsequent to his cross-examination, is called re-examination.

Correct answer: C

Article 311 of the Constitution provides constitutional safeguards (no dismissal/removal/reduction in rank without inquiry and opportunity) to civil servants holding civil posts under the Union or a State.

Correct answer: C

Article 143 confers advisory jurisdiction on the Supreme Court, which is a form of original jurisdiction; among the options given, it is original (not appellate, writ, or supervisory) jurisdiction.

Correct answer: B

The Explanation to Section 3 of the Limitation Act, 1963 deems a counter-claim to be instituted on the date on which the counter-claim is made in court.

Correct answer: D

Section 15 of the Limitation Act, 1963 excludes from computation the period of any notice required, and time required for obtaining the consent or sanction of the Government or any required authority. Hence all of the above.

Correct answer: D

Section 16 of the Hindu Marriage Act, 1955 confers legitimacy on children of both void marriages (Section 11) and voidable marriages annulled by decree of nullity (Section 12). Hence both (a) and (b).

Correct answer: C

Section 13(2) of the Hindu Marriage Act, 1955 provides four additional grounds of divorce available only to the wife (bigamy/pre-Act second wife; rape, sodomy or bestiality by husband; non-resumption of cohabitation after maintenance decree/order; and repudiation of marriage solemnised before age 15).

Correct answer: D

Under Section 7 of the Indian Partnership Act, 1932, where no provision is made for the duration or determination of the partnership, it is a 'partnership at will'.

Correct answer: A

Section 6(3) of the Specific Relief Act, 1963 bars a suit for recovery of possession under Section 6 against the Government.

Correct answer: A

Section 39 of the Specific Relief Act, 1963 deals with mandatory injunctions: to prevent the breach of an obligation, the court may compel performance of acts which it is capable of enforcing.

Correct answer: C

Under the Haryana Urban (Control of Rent and Eviction) Act, 1973, once fair rent is fixed it generally prevails and cannot be increased/decreased for a period of five years (subject to exceptions like additions or alterations).

Correct answer: A

Under Section 130 of the Indian Contract Act, 1872, a continuing guarantee may at any time be revoked by the surety, as to future transactions, by notice to the creditor.

Correct answer: C

A catalogue or price-list of books is merely an invitation to offer (invitation to treat), not an offer; the customer's order is the offer.

Correct answer: A

Under Section 16(3) of the Indian Contract Act, 1872 (illustration of unconscionable bargain between moneylender and debtor), the burden of proving that the contract was not induced by undue influence lies on the party in the dominant position, i.e., Y the moneylender.

Correct answer: B

'Res ipsa loquitur' literally means 'the thing speaks for itself' in the law of negligence/torts. The other maxims relate to remedies, intervening acts and proximate cause.

Correct answer: C

Section 2 of the Dissolution of Muslim Marriages Act, 1939 enumerates nine grounds on which a Muslim woman may obtain a decree for dissolution of marriage.

Correct answer: B

Under Section 11(i) & (ii) read with Section 6 of the Hindu Adoptions and Maintenance Act, 1956, a person having a living Hindu daughter cannot adopt a daughter; such an adoption is void.

Correct answer: C

Section 12 of the Hindu Succession Act, 1956 lays down the order of succession among agnates and cognates.

Correct answer: C

Recurrent attacks of insanity render the marriage voidable under Section 12(1)(b) read with Section 5(ii) of the Hindu Marriage Act, 1955; it is annullable by a decree of nullity.

Correct answer: B

Under Section 34 read with the proviso of the Registration Act, 1908, where presentation is delayed owing to urgent necessity or unavoidable accident, the Registrar may direct registration on payment of fine even if the delay does not exceed four months.

Correct answer: C

Section 2(7) of the Sale of Goods Act, 1930 defines 'goods' to include stocks and shares but expressly excludes actionable claims and money.

Correct answer: C

Under Section 8(3) of the Hindu Minority and Guardianship Act, 1956, a disposal of the minor's property by the natural guardian in contravention of Section 8(1)/(2) is voidable at the instance of the minor or any person claiming under him.

Correct answer: B

Under the Punjab Courts Act, 1918, the High Court fixes the pecuniary limits of jurisdiction of Civil Judges (Junior Division).

Correct answer: C

Lal Bahadur Shastri was the first person honoured with the Bharat Ratna posthumously, in 1966.

Correct answer: B

The decibel (dB) is the unit used to measure the intensity (loudness) of sound.

Correct answer: B

Bihar launched a state-wide campaign against social ills (dowry and child marriage) on 2 October 2017, described as a 'Quit India Movement' against social evils, culminating in a human chain in January 2018.

Correct answer: C

Under Section 32 read with Section 30, CPC 1908, the maximum fine for compelling attendance of a person summoned was raised by the 2002 Amendment to five thousand rupees.

Correct answer: C

Section 153B of the Code of Civil Procedure, 1908 provides that the place where any Court is held for the purpose of trying any suit shall be deemed to be an open Court.

Correct answer: D

Under Order XXI Rule 32, CPC, a decree for restitution of conjugal rights (being for a thing the party is bound to do) may be enforced by attachment of property and/or detention in civil prison; fine is also provided. Hence all of the above.

Correct answer: C

Under Order XXXIII Rule 10, CPC, where an indigent person succeeds, the court fee is recoverable as a first charge from any party ordered by the decree to pay the same.

Correct answer: A

Section 315 of the CrPC, 1973 makes an accused a competent witness for the defence and provides for him giving evidence on oath in disproof of charges.

Correct answer: B

Inquiry under the CrPC precedes the framing of charge (after which the proceeding becomes a 'trial'); thus the statement that inquiry is conducted after framing of charge is incorrect.

Correct answer: A

Section 482 of the CrPC, 1973 saves the inherent powers of the High Court only.

Correct answer: A

Under Section 468(2)(a) of the CrPC, 1973, the period of limitation for taking cognizance of an offence punishable with fine only is six months.

Correct answer: D

Section 73 of the IPC, 1860 caps the total period of solitary confinement at three months, with prescribed scaling depending on the sentence.

Correct answer: C

Under Section 188 CrPC read with Section 4 IPC (extra-territorial jurisdiction), the offence is deemed committed where the offender is found; with prior sanction of the Central Government he is tried at the place (Mumbai) where he is found.

Correct answer: B

This is Illustration (a)/(b) to Section 403 IPC: dishonest misappropriation of property found and later known to belong to another constitutes criminal misappropriation.

Correct answer: D

Section 133 of the Indian Evidence Act, 1872 declares an accomplice a competent witness against an accused.

Correct answer: B

Section 22 of the Indian Evidence Act, 1872 (option b) lays down when oral admissions as to the contents of documents are relevant.

Correct answer: A

Section 30 of the Indian Evidence Act, 1872 allows the Court to take into consideration the confession of a co-accused jointly tried for the same offence. Sections 25 and 18 are unrelated.

Correct answer: A

Article 217(3) of the Constitution provides that any question as to the age of a Judge of a High Court shall be decided by the President after consultation with the Chief Justice of India, and the President's decision is final.

Correct answer: E

All four languages are in the Eighth Schedule: Sindhi (21st Amendment, 1967) and Bodo, Dogri, Santhali (92nd Amendment, 2003). Hence none of the listed options is correct, so 'None of the above'.

Correct answer: E

Article 51A originally listed 10 Fundamental Duties; the 86th Amendment (2002) added an 11th (right to education/parental duty). As of 2017 there are 11, which is not among options (a)-(d), so 'None of the above'.

Correct answer: C

Article 19 rights (including freedom of trade, profession under Art. 19(1)(g)) are available only to citizens. Article 14 (equality), 21 (life and liberty) and 25 (religion) are available to all persons, so a Pakistani national cannot claim the Article 19 freedom of trade and profession.

Correct answer: C

Article 113 of the Schedule to the Limitation Act, 1963 (the residuary article for suits with no specific period) prescribes a limitation of 3 years from when the right to sue accrues.

Correct answer: C

Section 13B (divorce by mutual consent) was inserted into the Hindu Marriage Act, 1955 by the Marriage Laws (Amendment) Act, 1976 (Act 68 of 1976).

Correct answer: C

The Indian Partnership Act, 1932 recognises dissolution by agreement (s.40), compulsory dissolution (s.41), on contingencies (s.42), by notice (s.43) and by Court (s.44). There is no 'dissolution by Registrar', so that is not a mode.

Correct answer: D

Section 16 of the Specific Relief Act, 1963 bars specific performance where the plaintiff is incapable of/fails to prove readiness and willingness, conduct, and performance of his part; all listed elements (limitation, capacity, conduct) are relevant, hence 'All of above'.

Correct answer: A

Under rent control law (Haryana Urban Control of Rent and Eviction Act, 1973), any agreement for payment of any sum in addition to the fixed fair rent (premium/pugree) is null and void.

Correct answer: C

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

Correct answer: E

'Qui facit per alium facit per se' means 'he who acts through another acts himself' (basis of vicarious liability/agency). None of options (a)-(d) gives this meaning, so 'None of the above'.

Correct answer: D

Among the listed relations, Mother and Son are Class I heirs under the Hindu Succession Act, 1956 and exclude the father (Class II), brother and sister. Mother and Son each take 1/2 share.

Correct answer: C

Section 32A of the Registration Act, 1908 (inserted by the 2001 amendment) makes it compulsory to affix passport-size photographs and fingerprints on documents presented for registration.

Correct answer: B

Under Section 12 of the Sale of Goods Act, 1930, a warranty is a stipulation collateral to the main purpose of the contract, breach of which gives a right to claim damages but not to reject the goods.

Correct answer: A

Under Section 6 of the Hindu Minority and Guardianship Act, 1956, the natural guardian of a minor married girl's person is her husband.

Correct answer: B

Yad Vashem is Israel's official Holocaust (World Holocaust Remembrance Center) memorial in Jerusalem.

Correct answer: A

The World Anti-Doping Agency (WADA) has its headquarters in Montreal, Quebec, Canada (since 2002).

Correct answer: C

Sir Creek is a tidal estuary (a 96-km tidal channel in the Rann of Kutch marshlands) disputed between India and Pakistan.

Correct answer: D

The Sudirman Cup is the BWF world mixed team championship in badminton, held biennially since 1989.

Correct answer: E

The three propositions (I), (II), (III) under Order XVIII Rule 2 CPC are not reproduced in the stem, so the correct combination cannot be determined; best guess 'None of the above'.

Correct answer: B

The proviso to Order XXXIX Rule 3A CPC requires the court to endeavour to finally dispose of an ex parte injunction application within thirty days from the date on which the injunction was granted.

Correct answer: C

Order XXXVIII Rule 5 CPC deals with attachment before judgment (where defendant is about to dispose of or remove property to obstruct/delay execution).

Correct answer: A

Under Section 389(3) CrPC, where the convict who is on bail is sentenced to imprisonment not exceeding three years (or the offence is bailable), the trial court shall release him on bail to enable him to file an appeal.

Correct answer: A

Criminal procedure (Entry 2) and Criminal law (Entry 1) are in the Concurrent List (List III) of the Seventh Schedule of the Constitution.

Correct answer: C

Section 82(1) CrPC requires the proclamation to fix a time of not less than 30 days from the date of publishing of such proclamation for the person to appear.

Correct answer: E

Power to adjourn on such terms (including payment of costs by prosecution or accused, per Explanation 2) is Section 309 CrPC, which is not among options a-d (310/311/312/316); hence None of the above.

Correct answer: C

Under Section 210 CrPC, where police investigation is in progress on the same offence, the Magistrate shall stay the complaint inquiry/proceeding (II) and call for a report from the police (III); the listed correct pair is (II) and (III).

Correct answer: D

Mahboob Shah v. Emperor, AIR 1945 PC 118, is the leading authority explaining 'common intention' under Section 34 IPC, distinguishing it from similar intention.

Correct answer: D

Sedition is defined and punishable under Section 124A of the Indian Penal Code, 1860.

Correct answer: A

An entry in the diary of a deceased surgeon made in the course of business as to the date of Y's birth is relevant under Section 32 (clauses 2 and 5) of the Indian Evidence Act, 1872 (statement of deceased made in ordinary course of business).

Correct answer: A

State of U.P. v. Deoman Upadhyaya, AIR 1960 SC 1125, upheld the constitutional validity of Section 27 of the Indian Evidence Act, 1872 (information leading to discovery of fact). Note: this question is OCR-split in the paper (its options appear under the n=112 entry whose stem is '5):'), but the law is settled.

Correct answer: —

The source scan of this question is corrupted (the stem reads only "5):"), so the question text could not be recovered and no answer can be reliably given. Options on record: (a) 27 (b) 32 (c) 73 (d) 119 (e) None of the above.

Correct answer: D

Under Article 110(3) of the Constitution, the decision of the Speaker of the Lok Sabha is final on whether a Bill is a Money Bill.

Correct answer: C

Quo Warranto questions a person's title/authority to hold a public office and is not a writ issued to an inferior court; Mandamus, Certiorari and Prohibition operate against inferior courts/tribunals.

Correct answer: D

Section 27 of the Limitation Act, 1963, extinguishes the right to property on expiry of the limitation period for possession, giving statutory recognition to adverse possession.

Correct answer: B

Justice Dipak Misra authored the Supreme Court order (Shyam Narayan Chouksey v. Union of India, 30 Nov 2016) making playing of the National Anthem in cinemas mandatory.

Correct answer: B

Persons who jointly purchase property and merely share expenses, without an agreement to carry on business and share profits, are co-owners, not partners (S.4 Indian Partnership Act, 1932).

Correct answer: D

Under Section 41(a)/explanation and Section 42 Specific Relief Act principles, where the plaintiff has acquiesced in a continuing breach, the court cannot grant an injunction (acquiescence bars injunctive relief).

Correct answer: A

Under Section 24 of the Indian Contract Act, 1872, if any part of a single consideration or object is unlawful, the agreement is void.

Correct answer: C

Section 27 of the Hindu Adoptions and Maintenance Act, 1956 ('Maintenance when to be a charge') provides that a dependant's maintenance claim may be created as a charge on the estate of the deceased (by will, decree, agreement, or otherwise).

Correct answer: A

By the Registration and Other Related Laws (Amendment) Act, 2001 (Act 48 of 2001), registration of documents containing contracts to transfer immovable property for purposes of S.53A TP Act was made compulsory with effect from 24.09.2001.

Correct answer: C

Section 16 of the Sale of Goods Act, 1930 (implied conditions as to quality or fitness) is the principal exception to the rule of caveat emptor.

Correct answer: B

Section 12 of the Hindu Minority and Guardianship Act, 1956 bars appointment of a guardian of a minor's undivided interest in joint family property but does not oust the jurisdiction of the High Court to appoint such guardian (proviso to S.12).

Correct answer: A

Anil Kumar Jain v. Maya Jain (2009) 10 SCC 415 held irretrievable breakdown is not a statutory ground, yet the Supreme Court may grant relief under Article 142 of the Constitution.

Correct answer: C

Lord William Bentinck, as Governor-General, abolished Sati by Regulation XVII of 1829.

Correct answer: C

Order V Rule 9A CPC permits the court, on plaintiff's application, to allow the plaintiff to effect personal service of summons by hand upon the defendant.

Correct answer: B

Under Section 34 CPC, pendente lite interest (from date of suit to date of decree) is at such rate as the court deems reasonable.

Correct answer: B

Order XII Rule 6 CPC empowers the court to pronounce judgment on admissions.

Correct answer: D

Under Section 262(2) CrPC, no sentence of imprisonment exceeding three months can be passed in a summary trial.

Correct answer: A

Under Section 126(2) CrPC, evidence in proceedings under Section 125 shall be recorded in the manner prescribed for summons cases.

Correct answer: D

Section 293 IPC punishes sale, distribution, exhibition etc. of obscene objects to any person under the age of twenty years.

Correct answer: B

Section 417 IPC prescribes punishment for cheating (imprisonment up to one year, or fine, or both). Section 415 defines cheating; 420 is cheating with dishonest inducement to deliver property.

Correct answer: B

Under Section 320 IPC, hurt that causes severe bodily pain for 20 days or more (or intent/knowledge to permanently disfigure) is grievous hurt; pain for more than three weeks qualifies, so A caused grievous hurt.

Correct answer: C

Sub-options (I)-(IV) are not reproduced in this OCR. On settled law, if the maker of a dying declaration survives, the statement is not admissible under Section 32 but may be used under Section 157 (corroboration) and Section 145 (contradiction) of the Evidence Act; '(I) and (III)' is the best fit.

Correct answer: A

Section 110 of the Evidence Act embodies the principle that possession is prima facie proof of ownership, placing the burden of proving non-ownership on the person who affirms the possessor is not the owner.

Correct answer: D

The nine-judge Constitution Bench in Jindal Stainless Ltd. v. State of Haryana (2016) construed Articles 301-304 on freedom and restriction of trade, commerce and intercourse, upholding entry tax and rejecting the compensatory tax theory.

Correct answer: B

Article 74 of the Schedule to the Limitation Act, 1963 prescribes one year for a suit for compensation for malicious prosecution, computed from acquittal/termination of the prosecution in plaintiff's favour.

Correct answer: A

The incorrect statement is (a): documents not duly stamped or registered are NOT admissible. The other propositions reflect correct positions (in-camera proceedings, no appeal on costs only, 90-day limitation), so (a) is the incorrect statement to be chosen.

Correct answer: C

A life insurance contract is a contingent contract (Section 31 Contract Act): the insurer's obligation to pay depends on the happening of an uncertain future event (death within the policy term); it is not a wager since insurable interest exists.

Correct answer: D

Under Section 15(2)(b) of the Hindu Succession Act, 1956, property inherited by a female Hindu from her husband (or father-in-law), in the absence of her own children/grandchildren, devolves upon the heirs of the husband.

Correct answer: A

Mother Teresa, founder of the Missionaries of Charity in Kolkata, is popularly known as the 'Saint of the Gutters'.

Correct answer: D

In a tort/defamation suit, the cause of action arises where the defamatory statement is published; here publication is in Ludhiana while the defendant resides in Chandigarh, so Y may sue X either in Chandigarh or in Ludhiana.

Correct answer: C

Section 14 CPC raises a presumption that a foreign court was competent on production of a certified copy of the foreign judgment, but this presumption is rebuttable (a rebuttable presumption of law) by proof to the contrary.

Correct answer: D

Under Section 199(2)-(4) CrPC, for defamation of constitutional dignitaries such as the President/Vice-President, a Court of Session may take cognizance without committal only upon a complaint in writing made by the Public Prosecutor.

Correct answer: C

The Constitution Bench in Hardeep Singh v. State of Punjab (decided 10.01.2014) settled the scope and stage of the power to summon additional accused under Section 319 CrPC.

Correct answer: B

Section 376B IPC penalises sexual intercourse by a husband upon his wife during separation (under a decree of separation or otherwise) without her consent.

Correct answer: B

Holding X down (using force) and fraudulently taking his money and jewels without consent is theft accompanied by force, which constitutes robbery (Section 390 IPC); since the gang is fewer than five, it is not dacoity.

Correct answer: C

'The Argumentative Indian' (2005) was written by Nobel laureate economist Amartya Sen.

Correct answer: E

Sub-propositions (I)-(IV) on Section 65 (secondary evidence) are not reproduced in this OCR, so the listed pairings cannot be matched reliably; best guess 'None of the above'.

Correct answer: D

In Bipin (Bipan) Shantilal Panchal v. State of Gujarat (AIR 2001 SC 1158), the Supreme Court laid down the procedure that objections to admissibility of documents/evidence should be noted and decided at the judgment stage rather than interrupting the trial.

Correct answer: C

Article 48 (Directive Principles) directs the State to organise agriculture and animal husbandry on modern lines and, in particular, to take steps for preserving and improving breeds and prohibiting slaughter of cows, calves and other milch and draught cattle.

Correct answer: D

An agreement to do an act impossible in itself is void under Section 56 of the Contract Act; two parallel lines can never enclose a space, so the agreement is void because of an impossible event.

Correct answer: C

Under Section 29 of the Hindu Succession Act, 1956, where an intestate has left no heir qualified to succeed, the property devolves on the Government by escheat.

Correct answer: A

The SAARC Secretariat is headquartered in Kathmandu, Nepal (established 1987).