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Himachal Pradesh Judiciary — Prelims 2018

150 questions Objective 150 answers with solutions PDF
1

An application for grant of temporary injunction, in case of grant of ex parte temporary injunction, should be endeavoured to be decided within:

  • aThirty days as provided under Order XXXIX, Rule 3-A of Civil Procedure Code
  • bForty days as provided underOrder XXXIX, Rule 4-A of Civil Procedure Code
  • cSixty days as provided under XXXIX, Rule 5-A of Civil Procedure Code
  • dNinety days as provided underOrder XXXIX, Rule 6-A of Civil Procedure Code
Answer & solution

Correct answer: A

Order XXXIX Rule 3-A CPC mandates that an application where an ex parte temporary injunction was granted be endeavoured to be disposed of within thirty days.

2

Any person who, —--

  • a(a) with intent to defraud the Government of duty, draws, makes or issues any bill of exchange or promissory note bearing a date subsequent to that on which such bill or note is actually drawn or made;
  • bOR
  • c(b) knowing that such bill or note has been so past-dated, endorses, transfers, presents for acceptance or payment, or accepts, pays or receives payment of, such bill or note, or in any manner negotiate the same;
  • dOR
  • e(c) with the like intent, practices or is concerned in any act, contrivance or device not specially provided for by this Act or any other law for the time being in force; shall be punishable with:
Answer & solution

Correct answer: E

OCR/format-broken: options (b) and (d) are merely 'OR' connectors and the punishment clause is incomplete. Under Section 64 of the Indian Stamp Act (post-dating bills/notes to defraud Government of duty), the offence is punishable; option (e) carries the operative penal clause and is the best available choice.

3

Any person appointed to sell stamps who disobeys any rule made under Section 74; and (b) any person not so appointed who sells or offers for sale any stamp (other than a ten naye paise adhesive stamp); shall be punishable with:

  • aImprisonment for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both under Section 74 of the Indian Stamp Act as applicable in the State of Himachal Pradesh.
  • bImprisonment for a term which may extend to one years, or with fine which may extend to two thousand rupees, or with both under Section 71 of the Indian Stamp Act as applicable in the State of Himachal Pradesh.
  • cImprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both under Section 69 of the Indian Stamp Act as applicable in the State of Himachal Pradesh.
  • dImprisonment for a term which may extend to one years, or with fine which may extend to five thousand rupees, or with both under Section 66 of the Indian Stamp Act as applicable in the State of Himachal Pradesh.
Answer & solution

Correct answer: C

Penalty for unauthorised dealing in stamps is imprisonment up to six months, or fine up to five hundred rupees, or both, under Section 69 of the Indian Stamp Act.

4

Which of the following is correct?

  • aNo Magistrate other than a Presidency Magistrate whose powers are not less than those of a Magistrate of the first class, shall try any offence under Indian Stamp Act as applicable in the State of Himachal Pradesh Act as specified in its Section 51
  • bNo Magistrate other than a President Magistrate or a Magistrate whose powers are not less than those of a Magistrate of the second class, shall try any offence under Indian Stamp Act as applicable in the State of Himachal Pradesh Act as specified in its Section 71
  • cNo Magistrate other than a President Magistrate or a Magistrate whose powers are not less than those of a Chief Judicial Magistrate shall try any offence under Indian Stamp Act as applicable in the State of Himachal Pradesh Act as specified in its Section 81
  • dNo Magistrate other than a President Magistrate or a Magistrate whose powers are not less than those of a Magistrate of the second class, shall try any offence under the Indian Stamp Act as applicable in the State of Himachal Pradesh Act as specified in its Section 91
Answer & solution

Correct answer: B

Section 71 of the Indian Stamp Act bars trial of offences under the Act by any Magistrate below a Presidency Magistrate or a Magistrate not less than the second class.

5

Choose the correct statement from the following:

  • a“Bill of exchange” means a bill of exchange as defined by the General Clauses Act, 1897, and includes also a hundi, and any other document entitling or purporting to entitle any person, whether named therein or not, to payment by any other person of, or to draw upon any other person for, any sum of money as defined under Section 2(5) the Indian Stamp Act as applicable in the State of Himachal Pradesh;
  • b“Bill of exchange” means a bill of exchange as defined by the Sale of Goods Act, 1930, and includes also a hundi, and any other document entitling or purporting to entitle any person, whether named therein or not, to payment by any other person of, or to draw upon any other person for, any sum of money as defined under Section 2(4) the Indian Stamp Act as applicable in the State of Himachal Pradesh;
  • c“Bill of exchange” means a bill of exchange as defined by the Banking Regulations (Amendment) Act 2017, and includes also a hundi, and any other document entitling or purporting to entitle any person, whether named therein or not, to payment by any other person of, or to draw upon any other person for, any sum of money as defined under Section 2(3) the Indian Stamp Act as applicable in the State of Himachal Pradesh;
  • d“Bill of exchange” means a bill of exchange as defined by the Negotiable Instruments Act, 1881, and includes also a hundi, and any other document entitling or purporting to entitle any person, whether named therein or not, to payment by any other person of, or to draw upon any other person for, any sum of money as defined under Section 2(2) the Indian Stamp Act as applicable in the State of Himachal Pradesh;
Answer & solution

Correct answer: D

Section 2(2) of the Indian Stamp Act defines 'bill of exchange' as a bill of exchange as defined by the Negotiable Instruments Act, 1881, including a hundi.

6

In which of the following latest cases the Supreme Court of India made the following important observations:

  • a“The expression “Lease” under the Stamp Act has a wider meaning as compared to its original meaning contained in Section 105 of Transfer of Property Act….If”Lease” under Section 2(16) of the Stamp Act includes therein four specified category of documents set out in clauses (a) to (d), we do not find any such inclusion in Section 105 of the Transfer of Property Act. It is for this reason, we are of the view that the definition of “Lease” for the purpose of Stamp Act is extensive in nature. It is also clear from the use of the expression “and includes also” in Section 2(16) of the Stamp Act…….so by fiction, “any instrument by which tolls of any description are let” is considered as “Lease” for the purpose of payment of stamp duty under the Stamp Act, 1899”
  • bNasiruddin Vs. The State of Uttar Pradesh, (2018) 1 SCC 754
  • cAamira Fatima Vs. Annamalai University, (2018) 9 SCC 171
  • dGunvantlal Ghodawat Vs. Union of India, (2018) 12 SCC 309
  • eNavtej Singh Johar Vs. Union of India, (2018) 10 SCC 1
Answer & solution

Correct answer: B

The observations on the extensive meaning of 'lease' under Section 2(16) of the Stamp Act vis-a-vis Section 105 TP Act (including instruments letting tolls) were made in Nasiruddin v. State of Uttar Pradesh, (2018) 1 SCC 754.

7

No instrument chargeable with duty shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon, registered or authenticated by any such person or by any public officer, unless such instrument is duly stamped. However, more provisions exist in this regard in the Indian Stamp Act, Find on correct option out of the following such provisions:

  • aAny such instrument shall be admitted in evidence on payment of the duty with which the same is chargeable, or, in the case of any instrument insufficiently stamped, of the amount required to make up such duty, together with a penalty of five rupees, or, when ten times the amount of the proper duty or deficient portion thereof exceeds five rupees, of a sum equal to ten times such duty or portion;
  • bWhere any person from whom a stamped receipt could have been demanded, has given an unstamped receipt and such receipt, if stamped, would be admissible in evidence against him, then such receipt shall be admitted in evidence against him on payment of a penalty of one rupee by the person tendering it;
  • cBoth (A) and (B) are correct under Section 35 of the Indian Stamp Act as applicable in the State of Himachal Pradesh;
  • dBoth (A) and (B) are incorrect under section 35 the Indian Stamp Act as applicable in the State of Himachal Pradesh;
Answer & solution

Correct answer: C

Both propositions (admission on payment of duty plus penalty, and the unstamped-receipt rule) are contained in the provisos to Section 35 of the Indian Stamp Act, so both (A) and (B) are correct.

8

Situation: Application was filed under O 21 R. 90 r/w S. 47, CPC for setting aside a court auction-sale. Order dismissing the application was though appealable but no appeal was filed and sale was confirmed under o 21 R. 92(1), and confirmation of sale was not questioned whereby auction purchase attained finality. The Supreme Court of India examined this situation recently. What was the response of the in this matter? Specify out of the following options:

  • aBy virtue of R. 92 (3) applicant/objector would not be barred from bringing fresh suit to set aside sale on same ground.
  • bBy virtue of R. 92 (3) applicant/objector would be barred from bringing fresh suit to set aside sale on same ground.
  • cBy virtue of R. 92 (4) applicant/objector would be barred from bringing fresh suit to set aside sale on same ground.
  • dBy virtue of R. 92 (4) applicant/objector would not be barred from bringing fresh suit to set aside sale on same ground.
Answer & solution

Correct answer: B

Order XXI Rule 92(3) CPC creates a bar: once a sale is confirmed and the order rejecting the objection is unchallenged, the objector cannot bring a fresh suit to set aside the sale on the same ground.

9

In which case the Supreme Court of India dealt with the situation as in previous question, i.e., “An application was filed under O 21 R. 90 r/w S. 47, CPC for setting aside a court auction-sae. Order dismissing the application was though appealable but no appeal was filed and sale was confirmed under O 21 R. 92(1), and confirmed of sale was not questioned whereby auction purchase attained finality”.

  • aSiddagangaiah Vs. N.K. Giriraja Shetty, (2018) 7 SCC 278
  • bSelvi Vs. Gopalakrishnan Nair, (2018) 7 SCC 319
  • cKerala Asstt. Public Prosecutors Assn. Vs. State of Kerala, (2018) 7 SCC 374
  • dUnion of India Vs. Hardy Exploration and Production (India) Inc., (2018) 7 SCC 374
Answer & solution

Correct answer: A

This situation (Order 21 Rule 90 r/w Section 47, sale confirmed under Rule 92(1), finality) was dealt with in Siddagangaiah v. N.K. Giriraja Shetty, (2018) 7 SCC 278.

10

Which provision of Code of Civil Procedure, 1908 debars a tenant from filing an inter-pleader suit against his landlord?

  • aSection 88
  • bOrder XXXV Rule 3
  • cOrder XXXVI Rule 4
  • dNone of these
Answer & solution

Correct answer: A

Section 88 CPC (interpleader suits) read with Order XXXV Rule 5 bars a tenant from filing an interpleader suit against his landlord; the embodying provision is Section 88.

11

Which Section of Code of Civil Procedure, 1908 states that place of trial is to be deemed to be open court?

  • a153
  • b153-A
  • c153-B
  • d153-C
Answer & solution

Correct answer: C

Section 153-B CPC provides that the place of trial of any suit shall be deemed to be an open court.

12

A decree for restitution of conjugal rights may be enforced uner Order XXI Rule 32 of Code of Civil Procedure, 1908, by:

  • aImposition of fine
  • bAttachment of property
  • cDetention in civil prison
  • dAll of these
Answer & solution

Correct answer: D

Under Order XXI Rule 32 CPC a decree for restitution of conjugal rights may be enforced by attachment of property and, where the party wilfully fails, by detention in civil prison; the rule covers all these modes.

13

Can in any situation a suit, akin to public interest litigation, be instituted under Civil Procedure Code even though no special damage has been caused to persons willing to file the suit?

  • aNo, only a writ petition lies under Article 226 of the Constitution.
  • bNo, only a writ petition lies under Article 32 of the Constitution.
  • cYes, a suit can be instituted under Section 91 Civil Procedure Code.
  • dYes, a suit lies under a Section 91 Civil Procedure Code.
Answer & solution

Correct answer: C

Section 91 CPC permits a suit in respect of a public nuisance/public right even without special damage, with the Advocate-General's or court's leave; it is the CPC analogue of a representative/public-interest suit.

14

Any person can be appointed guardian for a suit only;

  • aOn his oral consent under Order XXXII, Rule 4 of Civil Procedure Code
  • bOn his consent in writing Under Order XXXII, Rule 4 of Civil Procedure Code
  • cOn either (A) or (B)
  • dOn neither (A) nor (B)
Answer & solution

Correct answer: B

Order XXXII Rule 4 CPC requires that a person be appointed guardian for the suit only with his consent in writing.

15

Which Section of Civil Procedure Code prohibits arrests or detetion of women in the execution of decree for money?

  • aSection 56
  • bSection 55
  • cSection 60
  • dSection 59
Answer & solution

Correct answer: A

The proviso to Section 56 CPC prohibits arrest or detention of a woman in execution of a decree for the payment of money.

16

If a plaintiff omits to sue for the whole of the claim which he was entitled to make in respect of a cause of action in the first suit then he will be precluded from suing again in respect of the portion so omitted, by virtue of:

  • aExplanation II of Section 11, CPC
  • bExplanation IV of Section 11, CPC
  • cOrder II, Rule 2 CPC
  • dOrder II, Rule 3 CPC
Answer & solution

Correct answer: C

Order II Rule 2 CPC precludes a plaintiff who omits part of his claim arising from one cause of action from later suing for the omitted portion.

17

Which final judgement, order or decree of a Competent Court, among the following is a judgement in rem?

  • aJudgement in a money suit.
  • bJudgement in a suit for permanent injunction
  • cJudgement in exercise of matrimonial or insolvency jurisdiction
  • dNone of the above
Answer & solution

Correct answer: C

A judgment exercising matrimonial, probate, insolvency or admiralty jurisdiction operates against the world (in rem); money and injunction decrees bind only the parties (in personam).

18

Under which provision of the Code of Civil Procedure 1908, the Collector may be appointed as receiver?

  • aOrder XL Rule 1
  • bOrder XL Rule 3
  • cOrder XL Rule 5
  • dOrder XL Rule 2
Answer & solution

Correct answer: C

Order XL Rule 5 CPC provides that the Collector may, with his consent, be appointed receiver where the property is land paying revenue to the Government.

19

In which of the following cases the Supreme Court held that delay in pronouncing the judgement amounts to denial of justice?

  • aSurendra Sing Vs. State of U.P.
  • bAnil Rain Vs. State of Bihar
  • cState of U.P. Vs. Chander Bhushan
  • dNone of the above
Answer & solution

Correct answer: B

In Anil Rai v. State of Bihar (2001), the Supreme Court held that inordinate delay in pronouncing judgment amounts to denial of justice and laid down guidelines for timely pronouncement.

20

Under Civil Procedure Code when the service of summon to a defendant is not made to him due to his absence within reasonable time, summons can be served to the:

  • aServant or Munim of the defendant
  • bAdult son of the defendant
  • cMinor daughter of the defendant
  • dNone of the above
Answer & solution

Correct answer: B

Under Order V Rule 15 CPC, where the defendant is absent and cannot be found within reasonable time, service may be made on an adult member of the family (e.g., an adult son) residing with him; a servant is not such a member and a minor is excluded.

21

Whether the purchaser of a property in execution sale can make an application for setting aside the sale on the ground that the judgement debtor had no saleable interest in the property sold?

  • aYes, he can make application under Order 21, Rule 89, Civil Procedure Code
  • bYes, he can make application under Order 21, Rule 90, Civil Procedure Code
  • cYes, he can make application under Order 21, Rule 91, Civil Procedure Code
  • dNo, as he is a purchaser, he cannot get the sale set aside
Answer & solution

Correct answer: D

An auction-purchaser cannot apply to set aside the sale on the ground that the judgment-debtor had no saleable interest; the rule of caveat emptor applies and no refund/setting aside lies on that ground.

22

Right to appeal from original decrees has been provided under:

  • aSection 94 of Civil Procedure Code
  • bSection 95 of Civil Procedure Code
  • cSection 96 of Civil Procedure Code
  • dSection 100 of Civil Procedure Code
Answer & solution

Correct answer: C

Section 96 CPC confers the right of appeal from original decrees.

23

Abatement of proceedings is governed:

  • aBy Order XXI of Civil Procedure Code
  • bBy Order XXII of CIvil Procedure Code
  • cBy Order XXIV of CIvil Procedure Code
  • dBy Order XX of CIvil Procedure Code
Answer & solution

Correct answer: B

Abatement of suits/proceedings (on death, marriage or insolvency of a party) is governed by Order XXII CPC.

24

Which of the following deals with the application of the Code of Revenue Courts with the Code of Civil Procedure?

  • aSection 5
  • bSection 2
  • cSection 3
  • dSection 4
Answer & solution

Correct answer: A

Section 5 CPC deals with the application of the Code to Revenue Courts.

25

Which of the following deals with the power of court to order separate trials in the Code of Civil Procedure?

  • aO 1 R 1
  • bO 1 R 2
  • cO 1 R 3
  • dO 1 R 8
Answer & solution

Correct answer: C

Order I Rule 3-A confers power to order separate trials where joinder of plaintiffs/defendants may embarrass or delay the trial; in this paper's scheme the intended provision is Order I Rule 3 governing joinder/separate trials of parties.

26

Which of the following deals with objections to jurisdiction proceeding in the Civil Procedure Code?

  • aSection 18
  • bSection 20
  • cSection 21
  • dSection 25
Answer & solution

Correct answer: C

Objection to the place of suing / jurisdiction is dealt with under Section 21 CPC, which bars such objections unless taken at the earliest opportunity in the trial court.

27

Under Section 40 of the Civil Procedure Code, where a decree is sent for execution in another State, it shall be sent to such Court and executed in such manner as may be prescribed by rules in force:

  • aIn the State where the decree was passed
  • bIn the State where the decree was sent for execution
  • cEither of the above
  • dNeither of the above
Answer & solution

Correct answer: B

Under Section 40 CPC, where a decree is sent for execution in another State, it is sent to and executed in such manner as prescribed by rules in force in the State in which the decree is sought to be executed, i.e., where it was sent for execution.

28

What is the distinction between injunction order and attachment order?

  • aThere is no distinction, both are one and the same
  • bInjuction order binds not only the parties to the but also third parties, whereas attachment order binds only parties to the suit
  • cInjunction order binds only the parties to the suit, whereas attachment order not only binds the parties to the suit but also the third parties.
  • dNone of the above
Answer & solution

Correct answer: C

An injunction order operates in personam and binds only the parties to the suit, whereas an attachment operates against the property and binds not only the parties but also third parties dealing with it.

29

To which of the following provisions of the Indian Evidence Act the well known case of Muhammad Sharif Vs. Bande Ali is related to:

  • aSections 101 and 102
  • bSections 107 and 108
  • cSections 112 and 113
  • dSections 118 and 119
Answer & solution

Correct answer: B

Muhammad Sharif v. Bande Ali (1911) concerns the presumption of death of a person not heard of for seven years; it relates to Sections 107 and 108 of the Evidence Act, not legitimacy.

30

Out of the following cases which one is not related to confession:

  • aM.C. Verghese Vs. Ponnan
  • bKottaya Vs. King Emperor
  • cState of U.P. Vs. Daemon Upadhayay
  • dState of Bombay Vs. Kathi Kalu
Answer & solution

Correct answer: A

M.C. Verghese v. T.J. Ponnan concerns privileged spousal communication under Section 122 Evidence Act, not confession; the other three (Pakala/Kottaya, etc.) relate to confessions.

31

In which case it was held that “A dying declaration may be made by sings when the injured person is unable to speak”?

  • aMuhammad Sharif Vs. Bande Ali
  • bR. Vs. Podala
  • cR Vs. Abdullah
  • dKamini Kumar Vs. Birendra Nath
Answer & solution

Correct answer: C

It was in R. v. Abdullah that a dying declaration made by signs (the injured being unable to speak) was held valid.

32

Out of the following provisions of the Indian Evidence Act which one uses the words: “NO barrister, attorney, pleader or vakil shall at any time be permitted, unless with his client’ sex press consent, to disclose any communication made to him in the course and for the purpose of his employment as such barrister, pleader, attorney or vakil, by or on behalf of his client, or to state the contents or condition of any document with which he has become acquainted in the course and for the purpose of his professional employment or to disclose any advice given by him to his client in the course and for the purpose of such employment”:

  • aSections 126 and 127
  • bSection 128 only
  • cSections 129 and 130
  • dSections 133 and 134
Answer & solution

Correct answer: A

The quoted bar on a barrister/pleader/vakil disclosing privileged client communications is Section 126 of the Indian Evidence Act, falling within the Sections 126 and 127 group on professional communications.

33

The Bill of Evidence Act was prepared by:

  • aFourth Law Commission
  • bSir Henry Maine
  • cSir James Stephen
  • dSecond Law Commission
Answer & solution

Correct answer: C

The Bill that became the Indian Evidence Act, 1872 was drafted by Sir James Fitzjames Stephen.

34

Which provision of the Indian Evidence Act makes space for the application of the principle of “res judicata”?

  • aSection 26
  • bSection 40
  • cSection 45
  • dSection 140
Answer & solution

Correct answer: B

Section 40 of the Evidence Act (previous judgments bar a second suit/trial) embodies the principle of res judicata.

35

Under which of the following Sections of the Indian Evidence Act, a witness under examination can “while under examination, refresh his money by referring to any writing made by himself at the time of the transaction concerning which he is questioned……..”:

  • aSection 158
  • bSection 159
  • cSection 160
  • dSection 162
Answer & solution

Correct answer: B

Refreshing memory by a witness while under examination by reference to writing made at the time of the transaction is governed by Section 159 of the Indian Evidence Act.

36

Which significant principle of law was declared by the Supreme Court of India in the case of Pawan Kumar Vs. State of Haryana, AIR 2001 SC 1324:

  • aPresumption as to dowry death
  • bPresumption as to legitimacy
  • cPresumption as to rape
  • dPresumption as to abetment of suicide by a married women
Answer & solution

Correct answer: D

Pawan Kumar v. State of Haryana, AIR 2001 SC 1324 dealt with the presumption of abetment of suicide by a married woman under Section 113A of the Evidence Act read with Section 498A IPC.

37

As per which provision of the Indian Evidence Act 1872, secondary evidence may be given of the contents of a document when the original is of such a nature as not to be easily moveable?

  • aSection 65(e)
  • bSection 65(d)
  • cSection 65(c)
  • dSection 65(b)
Answer & solution

Correct answer: B

Secondary evidence is allowed when the original is of such a nature as not to be easily movable under Section 65(d) of the Evidence Act, which corresponds to option (b).

38

Which of the following Sections of the Indian Evidence Act was amended by the Criminal Law (Amendment) Act, 2006?

  • aSection 154
  • bSection 118
  • cSection 32
  • dSection 90-A
Answer & solution

Correct answer: A

Section 154 of the Evidence Act was amended by the Criminal Law (Amendment) Act, 2005 (Act 2 of 2006), inserting sub-section (2) on hostile-witness evidence, effective 2006.

39

The previous conviction of a person is relevant under Indian Evidence Act, 1872 under:

  • aSection 14 Explanation I
  • bSection 14 Explanation II
  • cSection 8 Explanation I
  • dSection 8 Explanation II
Answer & solution

Correct answer: B

A previous conviction is relevant under Explanation II to Section 14 of the Indian Evidence Act, which makes a previous conviction relevant as evidence of a relevant state of mind.

40

A witness cannot be converted into an accused person, though may be compelled to answer questions relating to an offence. Under which Sections of the Indian Evidence Act, 1872 this immunity is granted to a witness?

  • aUnder Section 148
  • bUnder Section 163
  • cUnder Section 131
  • dUnder Section 132
Answer & solution

Correct answer: D

Section 132 (and its proviso) of the Evidence Act compels a witness to answer incriminating questions but grants immunity so that such compelled answers cannot subject him to arrest/prosecution, i.e., he cannot be converted into an accused.

41

In which of the following cases the Supreme Court of India observed that even a student may be treated as an expert under Section 45 of the Indian Evidence Act, 1872?

  • aBhogi Bhai Hirjibhai Vs. State of Gujarat (1983)
  • bShankaria Vs. State of Rajasthan (1978)
  • cKanpur University Vs. Samir Gupta (1983)
  • dPunjab Singh Vs. State of Haryana (1984)
Answer & solution

Correct answer: C

In Kanpur University v. Samir Gupta (1983), the Supreme Court observed that even a student may be treated as an expert under Section 45 of the Evidence Act.

42

Which Section was inserted by the Specific Relief (Amendment) Act, 2018, which gives the power to the courts to engage experts where it considers the same necessary?

  • aSection 13A
  • bSection 14A
  • cSection 15A
  • dSection 16A
Answer & solution

Correct answer: B

Section 14A, inserted by the Specific Relief (Amendment) Act, 2018, empowers the court to engage one or more experts to assist it on any specific issue in a suit under the Act.

43

Where an instrument is evidence of different rights of different obligation, the Court may, in a proper case, cancel it in part and allow it to stand for the residue. This provision is provided in the Specific Relief Act under:

  • aSection 21
  • bSection 32
  • cSection 42
  • dSection 40
Answer & solution

Correct answer: B

Partial cancellation of an instrument evidencing different rights/obligations, allowing it to stand for the residue, is provided under Section 32 of the Specific Relief Act, 1963.

44

Against a decree passed in a suit filed under Section 6 of the Specific Relief Act:

  • aOnly review is allowed
  • bAppeal can be filed
  • cNo appeal or review is allowed
  • dNone of the above
Answer & solution

Correct answer: C

Section 6(3) of the Specific Relief Act expressly bars both appeal and review against an order/decree passed in a suit for recovery of possession under Section 6.

45

In a suit for Specific performance of agreement of sale of immovable property, the plaintiff must aver and prove the following:

  • aThat plaintiff paid the entire sale consideration
  • bThat plaintiff obtained clearance from all authorities
  • cThat plaintiff obtained encumbrance certificate
  • dThat plaintiff is ready and willing to perform his part of contract
Answer & solution

Correct answer: D

In a suit for specific performance, the plaintiff must aver and prove continuous readiness and willingness to perform his part of the contract (Section 16(c) SR Act).

46

When an instrument does not express the real intention of parties, the same may be rectified under which of the following Sections of the Specific Relief Act?

  • aSection 25
  • bSection 26
  • cSection 27
  • dSection 28
Answer & solution

Correct answer: B

Rectification of an instrument that, through fraud or mutual mistake, does not express the real intention of the parties is governed by Section 26 of the Specific Relief Act, 1963.

47

A declaratory decree passed under Section 34 of SR Act, 1963 operates:

  • aJus in rem
  • bJus in personam
  • cBoth (A) and (B)
  • dNone of these
Answer & solution

Correct answer: B

A declaratory decree under Section 34 of the Specific Relief Act binds only the parties to the suit and operates in personam (jus in personam), not as a judgment in rem.

48

In section 3 of the Himachal Pradesh Courts Act, 1976 providing for the establishment of some courts which of the following is not expressly mentioned:

  • aThe Court of District Judge
  • bThe Court of Additional District Judge
  • cThe Court of Senior Civil Judge
  • dThe Court of Civil Judge
Answer & solution

Correct answer: B

Section 3 of the HP Courts Act, 1976 expressly establishes the Court of District Judge, Senior Civil Judge and Civil Judge; the Additional District Judge is not separately listed (an ADJ is included within 'District Judge').

49

“An appeal shall not lie to the High Court from a decree or order of an Additional District Judge in any case, in which, if the decree or order had been made by the District Judge, an appeal would not lie to that Court.” This is provided by:

  • aSection 15(2), Himachal Pradesh Courts Act, 1976
  • bSection 18(2), Himachal Pradesh Courts Act, 1976
  • cSection 20(2), Himachal Pradesh Courts Act, 1976
  • dSection 22(2), Himachal Pradesh Courts Act, 1976
Answer & solution

Correct answer: C

The bar on appeal to the High Court from an Additional District Judge's decree where none would lie from a District Judge is contained in Section 20(2) of the HP Courts Act, 1976.

50

Section 25 of the Himachal Pradesh Courts Act, 1976 makes provisions regarding petition writers providing that the High Court may from time to time make rules consistent with this Act and any other enactment for the time being in force. Which of the following purposes for rule making is not mentioned in that Section?

  • aDeclaring what persons shall be permitted to art as petition writer in the Courts subordinate thereto;
  • bEngaging associates for petition writers to assist them in their work whenever necessary
  • cRegulating the issue of licence to such persons, the conduct of business by them, and the scale of fees to be charged by them; and
  • dDetermining the authority by which breaches of such rules shall be investigated and the penalties which may be imposed.’
Answer & solution

Correct answer: B

Section 25 of the HP Courts Act, 1976 lists rule-making for declaring petition writers, regulating their licences/conduct/fees, and the authority/penalties for breaches; 'engaging associates for petition writers' is not a stated purpose.

51

In which of the following judgments of the High Court of Delhi it was held that a female coparcener can be Karta of a Hindu Undivided Family?

  • aGangoli Vs. H.K. Chinnappa
  • bSujata Sharma Vs. Manu Gupta
  • cCommissioner of Income Tax Vs. Seth Govind Ram
  • dRaghunath Rai Bareja and Another Vs. Punjab National Bank
Answer & solution

Correct answer: B

Sujata Sharma v. Manu Gupta (Delhi HC, 2016) held that the eldest female coparcener can act as Karta of an HUF following the 2005 amendment to the Hindu Succession Act.

52

A Hindu male X dies intestate leaving behind his mother’s father, mother’s mother, mother’s brother and mother’s sister. Who out of the following succeed X?

  • aMother’s father and mother’s mother
  • bMother’s brother and mother’s sister
  • cMother’s father and mother’s sister
  • dMother’s mother and mother’s brother
Answer & solution

Correct answer: A

In Class II of the Schedule (s.8 HSA), mother's father and mother's mother fall in Entry VIII, while mother's brother and mother's sister fall in Entry IX. An heir in an earlier entry excludes those in a later entry, so mother's father and mother's mother succeed.

53

Bars to Matrimonial Relief are given in which provision of the Hindu Marriage Act, 1955?

  • aSection 23
  • bSection 24
  • cSection 25
  • dSection 26
Answer & solution

Correct answer: A

Section 23 of the Hindu Marriage Act, 1955 lays down the bars to matrimonial relief (e.g., petitioner not taking advantage of own wrong, no collusion, no unnecessary delay).

54

Interim Relief of litigation expenses and maintenance can be ordered to be paid to a Hindu wife under which of the following legislations?

  • aThe Hindu Adoption and Maintenance Act, 1956
  • bThe Hindu Marriage Act, 1955
  • cBoth (A) and (B)
  • dNeither (A) nor (B)
Answer & solution

Correct answer: C

Interim maintenance and litigation expenses can be granted under Section 24 of the Hindu Marriage Act, 1955 and also under Section 18 (read with the scheme) of the Hindu Adoptions and Maintenance Act, 1956; hence both legislations provide such relief.

55

In which of the following cases, the question of constitutional validity of Section 9 of the Hindu Marriage Act, 1955 was finally settled by the Supreme Court?

  • aT. Sareetha Vs. Venkata Subbaiah
  • bHavinder Kaur Vs. Harmander Singh
  • cSaroj Rani Vs. Sudarshan Kumar
  • dBipin Chandra Vs. Prabhavati
Answer & solution

Correct answer: C

In Saroj Rani v. Sudarshan Kumar Chadha (AIR 1984 SC 1562) the Supreme Court finally upheld the constitutional validity of Section 9 HMA, disapproving the AP High Court's view in T. Sareetha.

56

In which recent judgement, the Supreme Court held that in a case under Section 13B(2) of the Hindu Marriage Act, 1955, ‘cooling off period’ may be waived off not only by the Supreme Court under Article 142 of the Constitution but any Court if conditions specified are satisfied?

  • aOm Prakash Vs. Nalini
  • bPriyanka Singh Vs. Jayant Singh
  • cKailash Vs. Nakhu
  • dAmardeep Singh Vs. Harveen Kaur
Answer & solution

Correct answer: D

Amardeep Singh v. Harveen Kaur (2017) held the cooling-off period under s.13B(2) HMA is directory, not mandatory, and may be waived by any court (not only the SC under Art.142) if the specified conditions are satisfied.

57

Out of the following situations, when will the limited estate of the window not enlarge into an absolute right under Section 14(1) of the Hindu Succession Act, 1956.

  • aA widow was allowed to reside in a property during her lifetime before the Act came into force
  • bA widow alienates the property, nut the alienation is held to be invalid and the property is reconveyed to her before the Act came into force
  • cA widow in possession of lands belonging to the deceased husband was illegally dispossessed by the the husband's collaterals prior to the Act came into force
  • dA widow was was in possession of her husband’s property as his heir prior to the Act came into force
Answer & solution

Correct answer: A

Under s.14(2) HSA (the exception to s.14(1)), a restricted estate created by a fresh grant such as a mere right to reside during lifetime does not blossom into absolute ownership, as no pre-existing right is being recognized (V. Tulasamma principle).

58

The following pertains to the Hindu Minority and Guardianship Act, 1956. Match the statements in List I with the Sections in List II and select the correct answer using the codes below the Lists:

  • aList - I List - II
  • bStep-father and step-mother cannot be the natural (i) Section 12
  • cGuardian of a Hindu minor
  • dGuardian not to be appointed for minor’s undivided Interest (ii) Section 13
  • eIn joint family property
Answer & solution

Correct answer: B

Match question with OCR-mangled lists. Section 12 of the Hindu Minority and Guardianship Act, 1956 bars appointment of a guardian for a minor's undivided interest in joint family property; step-father/step-mother exclusion is in the s.6 proviso. Best-fit pairing makes option (b) the intended key, but the matching codes are not legible.

59

A, a Hindu male has C as his legally wedded wife, marries B, a Hindu. B conceives a child by A during the continuance of the marriage. Later, the marriage between A and B is declared by the Court to be null and void. Later B gave birth to a son S. A has no other living son. A adopts a son D. Why is adoption of D not valid?

  • aS is a legitimate son of A under Section 16 of the Hindu Marriage Act, 1955
  • bS is a legitimate son of A under Section 11(1) of the Hindu Adoption and Maintenance Act, 1956
  • cBecause of the combined effect of Section 16 of the Hindu Marriage Act and Section 11 of the Hindu Adoption and Maintenance Act
  • dBecause A cannot adopt a son when he already has son
Answer & solution

Correct answer: C

S is legitimate under s.16 HMA despite the void marriage, making him A's son; s.11 of the Hindu Adoptions and Maintenance Act bars adopting a son when one already has a living son. The combined effect of both provisions invalidates the adoption.

60

Dastane Vs. Dastane is a case relating to:

  • aAdoption
  • bDivorce
  • cMarriage
  • dMaintenance
Answer & solution

Correct answer: B

Dr. N.G. Dastane v. Mrs. S. Dastane (AIR 1975 SC 1534) is a leading case on divorce/judicial separation, dealing with cruelty and the standard of proof in matrimonial proceedings.

61

Which of the following statements is false with respect to a minor entering into a contract?

  • aAn agreement with or by a minor is void ab initio
  • bA minor can be a beneficiary of a contract
  • cThe contracts involving a minor as a beneficiary may be enforced at the option of the third party
  • dA minor cannot ratify a contract on attaining majority
Answer & solution

Correct answer: C

A minor cannot be sued (agreement is void ab initio per Mohori Bibee), but he can be a beneficiary and enforce a contract in his favour. The contract is enforceable at the option of the minor, not the third party; hence the statement in (c) is false.

62

‘A’ sees an article marked “Price Rupees 200 only” in B’s shop. He offers ‘B’ Rupees 200 for the article. ‘B’ refuses to sell saying that the article is not for sale. Which of the following statements is correct?

  • a‘A’ cannot force ‘B’ to sell the article at Rupees 200
  • b‘A’ can force ‘B’ to sell the article at Rupees 200
  • c‘A’ can claim damages
  • d‘A’ can sue ‘B’ in the court
Answer & solution

Correct answer: A

Display of goods with a price tag is only an invitation to offer, not an offer (Pharmaceutical Society v. Boots; Fisher v. Bell). The customer's tender is the offer, which the shopkeeper may refuse; A cannot force B to sell.

63

“Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach should be such as may fairly and reasonably be considered either arising naturally or reasonable be supposed to have been in contemplation of both the parties at the time of entering the contract.” This statement was laid down in the case of:

  • aFrost Vs. Knight
  • bHadley Vs. Baxendale
  • cDunlop Pneumatic Tyre Ltd. Vs. New Garage and Motor Co. Ltd.
  • dGeneral Vs. Barker
Answer & solution

Correct answer: B

The two rules on remoteness of damage stated were laid down in Hadley v. Baxendale (1854), reflected in s.73 of the Indian Contract Act.

64

The case of Balfour Vs. Balfour deals with:

  • aBreach of contract
  • bIntention to create legal relationship
  • cStandard form of contract
  • dFrustration
Answer & solution

Correct answer: B

Balfour v. Balfour (1919) established that domestic/social agreements between spouses lack intention to create legal relations and are therefore not enforceable contracts.

65

A contract cannot be frustrated:

  • aBy change of circumstances
  • bBy initial impossibility
  • cBy subsequent impossibility
  • dDue to negligence of either party
Answer & solution

Correct answer: D

Frustration (s.56) discharges a contract by supervening impossibility/illegality, but self-induced frustration caused by a party's own negligence or default does not operate to frustrate the contract.

66

Which of the following is not covered under the Law of Contracts?

  • aBailment of goods
  • bSale of goods
  • cGuarantee
  • dIndemnity
Answer & solution

Correct answer: B

Sale of goods is governed by the Sale of Goods Act, 1930 (which was separated out of the Contract Act). Bailment, guarantee and indemnity remain within the Indian Contract Act, 1872.

67

A contract without consideration is nudum pactum unless:

  • aIt is in writing and made out of natural love and affection
  • bPresent voluntary services
  • cDebt
  • dNone of the above
Answer & solution

Correct answer: A

Under s.25 of the Indian Contract Act, an agreement without consideration is void (nudum pactum) unless, inter alia, it is in writing and registered and made out of natural love and affection between parties standing in near relation.

68

The Indian Contract Act came into force on:

  • a15th September, 1872
  • b1st September, 1872
  • c1st October, 1872
  • d15th October, 1872
Answer & solution

Correct answer: B

The Indian Contract Act, 1872 came into force on 1st September 1872.

69

Section 41 of the Indian Contract Act deals with:

  • aEffect of accepting performance from third person
  • bPerson by whom promise is to be performed
  • cTender to perform a promise
  • dEffect to refusal of party to perform promise wholly
Answer & solution

Correct answer: A

Section 41 of the Indian Contract Act deals with the effect of accepting performance of a promise from a third person, after which the promisee cannot afterwards enforce it against the promisor.

70

Where both the parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void under which Section of the Indian Contract Act?

  • aSection 23
  • bSection 20
  • cSection 24
  • dSection 26
Answer & solution

Correct answer: B

Section 20 of the Indian Contract Act renders void an agreement where both parties are under a mistake as to a matter of fact essential to the agreement (bilateral mistake).

71

Transfer of Property deals with ‘transfer of property…………………’

  • aBy operation of law
  • bBy act of parties
  • cBy court order
  • dBy government order
Answer & solution

Correct answer: B

The Transfer of Property Act, 1882 deals with transfer of property by act of parties (inter vivos), as opposed to transfers by operation of law.

72

Doctrine of Election is covered under:

  • aSection 42 of the Transfer of Property Act, 1882
  • bSection 14 of the Transfer of Property Act, 1882
  • cSection 32 of the Transfer of Property Act, 1882
  • dSection 35 of the Transfer of Property Act, 1882
Answer & solution

Correct answer: D

The doctrine of election is contained in Section 35 of the Transfer of Property Act, 1882.

73

The principle of ‘Feeding the Grant by Estoppel’ is given under which provision of the transfer or Property Act, 1882:

  • aSection 19
  • bSection 13
  • cSection 43
  • dSection 52
Answer & solution

Correct answer: C

The principle of 'feeding the grant by estoppel' (transfer by an unauthorised person who subsequently acquires interest in the property) is contained in Section 43 of the Transfer of Property Act, 1882.

74

What is the maximum period of perpetuity?

  • aLife estates of one or more persons and 16 years
  • bLife estates of one or more persons and 18 years
  • cLife estates of one or more persons and 21 years
  • dNone of the above
Answer & solution

Correct answer: D

The rule against perpetuity (s.14 TPA) limits the perpetuity period to the lifetime of one or more living persons plus the minority of the unborn person (up to 18 years, the age of majority), not 21 years; none of the stated options is correct.

75

Which of the following kinds of mortgage is not defined under Section 58 of the Transfer of Property Act?

  • aMortgage by conditional sale
  • bUsufructuary mortgage
  • cIndian mortgage
  • dEnglish mortgage
Answer & solution

Correct answer: C

Section 58 TPA defines mortgage by conditional sale, usufructuary mortgage, English mortgage, simple mortgage, mortgage by deposit of title deeds and anomalous mortgage. There is no 'Indian mortgage'.

76

Which of the following legislation defines ‘License’?

  • aThe Transfer of Property Act, 1882
  • bThe Indian Easement Act, 1882
  • cThe Indian Contract Act, 1872
  • dNone of the above
Answer & solution

Correct answer: B

'License' is defined in Section 52 of the Indian Easements Act, 1882. The TPA and Contract Act do not define license.

77

Within the meaning of Section 48 of the Transfer of Property Act, 1882, the transferor cannot prejudice the rights of the transferee by any subsequent dealing with property. This self-evident rule is expressed in :

  • aEquitable maxim qui prior est tempore porior est jure
  • bQuid pro quo
  • cBonafide transfer
  • dNone of the above
Answer & solution

Correct answer: A

Section 48 TPA embodies the priority maxim 'qui prior est tempore, potior est jure' (he who is earlier in time is stronger in law); a prior transferee's rights prevail over a subsequent dealing.

78

The basic ingredient of the doctrine of Lis Pendens are:

  • aThe suit should be collusive
  • bProperty should have been transferred or otherwise dealt with
  • cA litigation should be pending in a court of competent jurisdiction
  • dThe suit must not be related to a specific immovable property
Answer & solution

Correct answer: C

Doctrine of lis pendens (Section 52 TPA) requires a pending suit/proceeding in a competent court directly involving a specific immovable property; the essential ingredient among the options is that litigation must be pending in a court of competent jurisdiction. The suit need not be collusive (it must NOT be collusive).

79

A donee, who has taken all the properties of the donor and is also liable to discharge all the liabilities of the donor, is known as:

  • aAn onerous donee
  • bA gratuitous donee
  • cA universal donee
  • dNone of these
Answer & solution

Correct answer: C

A universal donee (Section 128 TPA) takes the whole property of the donor and is personally liable for all the donor's debts and liabilities existing at the time of the gift, to the extent of the property received.

80

With regard to the provisions of the Transfer of Property Act, match List I with List II and select the correct answer by using the codes given below the Lists:

  • aList - I List - II
  • bSpes Successionis (i) Section 6(c)
  • cRight of reentry (ii) Section 6(a)
  • dDominant heritage (iii) Section 6(e)
  • eRight to sue (iv) Section 6 (b)
Answer & solution

Correct answer: A

OCR-broken matching question; only a header/partial pairs are shown without a clean code option. On the merits under Section 6 TPA: spes successionis = s.6(a), right of re-entry = s.6(b)/(c) area, easement (dominant heritage) = s.6(c), mere right to sue = s.6(e). The provided option pairings are scrambled and no answer code (1/2/3/4) is given; flagged as unanswerable as printed.

81

Match List I with List II and select the correct answer by using the codes given below the Lists. This relates to the Limitation Act, 1963:

  • aList - I List - II
  • bSuit in forma pauperis (i) Section 13
  • cProceedings stayed by an injunction (ii) Section 14
  • dDefect in jurisdiction (iii) Section 15
  • eEffect of fraud on limitation (iv) Section 17
Answer & solution

Correct answer: A

OCR-broken matching question with no clean code option. On the merits (Limitation Act 1963): suit in forma pauperis -> s.13; proceedings stayed by injunction -> s.15; defect in jurisdiction/bona fide proceeding in wrong court -> s.14; effect of fraud -> s.17. The list pairs shown are scrambled and no selectable code is printed; flagged.

82

What is the limitation period in a suit by a landlord to recover possession from a tenant after the date the tenancy is determined?

  • aOne year
  • bTwo years
  • cSix years
  • dTwelve years
Answer & solution

Correct answer: D

Under Article 67, Schedule to the Limitation Act 1963, a suit by a landlord to recover possession from a tenant has a limitation period of twelve years from when the tenancy is determined.

83

The limitation period in a suit by surety against co-surety when the surety has paid anything in excess of his own share:

  • aTwo years
  • bThree years
  • cSix years
  • dTwelve years
Answer & solution

Correct answer: B

Under Article 100 of the Schedule to the Limitation Act 1963, a suit by a surety against a co-surety (for excess paid over his own share) is limited to three years from the date of payment.

84

Delay in filing a suit:

  • aCannot be condoned
  • bCan be condoned under Section 3 of the Limitation Act, 1963
  • cCan be condoned under Section 3 read with Order VIII Rule 6, Civil Procedure Code
  • dCan be condoned under Section 5 of the Limitation Act, 1963
Answer & solution

Correct answer: D

Delay in filing a suit/appeal/application can be condoned under Section 5 of the Limitation Act, 1963 on showing sufficient cause (note: Section 5 ordinarily applies to appeals and applications, not plaints, but among the options Section 5 is the condonation provision).

85

“Time requisite’ under Section 12(2) of the Limitation Act, 1963 means:

  • aMinimum time
  • bMaximum time
  • cActual time taken
  • dAbsolutely necessary time
Answer & solution

Correct answer: C

Under Section 12(2) of the Limitation Act 1963, the 'time requisite' for obtaining a copy of the decree/order means the actual time taken (not the minimum theoretically necessary).

86

A fraud contemplated by Section 17 of the Limitation Act is that of:

  • aBy the defendant
  • bBy the plaintiff
  • cBy a third person
  • dNone of these
Answer & solution

Correct answer: A

Section 17 of the Limitation Act 1963 postpones the period only where the suit/application is based on the fraud of the defendant (or his agent), or where the right of action/knowledge is concealed by such fraud.

87

Under Section 25 of the Limitation Act, easement rights over a property are acquired by continuous and uninterrupted user for:

  • aTwelve years
  • bTwenty years
  • cThirty years
  • dThree years
Answer & solution

Correct answer: B

Under Section 25 of the Limitation Act 1963, easementary rights (right to access/use of light, air, way, water, etc.) are acquired by peaceable, open enjoyment as an easement as of right, without interruption, for twenty years.

88

The general rule is that “The law of limitation only bars the remedy but does not extinguish the right itself. The exception to this rule is contained in:

  • aSection 31 of the Limitation Act, 1963
  • bSection 27 of the Limitation Act, 1963
  • cSection 26 of the Limitation Act, 1963
  • dSection 25 of the Limitation Act, 1963
Answer & solution

Correct answer: B

Section 27 of the Limitation Act 1963 is the exception: at the determination of the limitation period for a suit for possession, the right to the property itself is extinguished, not merely the remedy barred.

89

In computing the period of limitation for filing an appeal:

  • aThe day on which judgement is pronounced shall be excluded
  • bThe day on which judgement is pronounced shall be included
  • cThe day on which judgement is pronounced and the time requisite for obtaining copy of the decree shall be excluded
  • dThe time taken for preparing a copy of the decree be included
Answer & solution

Correct answer: C

Under Section 12 of the Limitation Act 1963, in computing limitation for an appeal, the day from which the period is reckoned (day of pronouncement of judgment) and the time requisite for obtaining a copy of the decree/order appealed from are excluded.

90

Under Section 19 of the Limitation Act, 1963, the part payment of debt extends the period of limitation:

  • aFrom the date of expiry of initial period of limitation
  • bFrom the date of extended period of limitation
  • cFrom the date of acknowledging of debt
  • dFrom the date of part payment.
Answer & solution

Correct answer: D

Under Section 19 of the Limitation Act 1963, where part payment of a debt is made before expiry of the period, a fresh period of limitation is computed from the time when the payment was made (provided it is in the handwriting of/signed by the payer).

91

Under the Himachal Pradesh Urban Rent Control Act (HPURCA), 1987, the fair rent of a building or rented land is determined by the controller:

  • aTaking into consideration the rent prevailing in the locality for similar building or rented land
  • bTaking into consideration the rent agreed between the landlord and the tenant
  • cTaking into consideration the compromise arrived at between the parties
  • dTaking into consideration the rent fixed by the Controller for a similar building or rented land in the locality
Answer & solution

Correct answer: A

Under Section 4 HPURCA 1987, fair rent is fixed taking into consideration the rent prevailing in the locality for a similar building or rented land.

92

Provision for determination of ‘Fair Rent’ under the HPURCA, 1987 is given under:

  • aSection 4
  • bSection 6
  • cSection 7
  • dSection 5
Answer & solution

Correct answer: A

Determination of 'Fair Rent' is provided under Section 4 of the HPURCA, 1987.

93

Order of succession in the event of death of the person continuing in possession after the termination of his tenancy under the HPURCA, 1987 is as follows:

  • aParents, son or daughter, surviving spouse, daughter-in-law
  • bSurviving spouse, daughter-in-law, parents, son or daughter
  • cSurviving spouse, son or daughter, parents, daughter-in-law
  • dSurviving spouse, son or daughter, daughter-in-law, parents
Answer & solution

Correct answer: C

Under the Explanation to Section 14 HPURCA 1987, the order of succession is: (a) surviving spouse, (b) son or daughter, (c) parents, (d) daughter-in-law (widow of pre-deceased son). Hence: surviving spouse, son or daughter, parents, daughter-in-law.

94

When fair rent is fixed for a building, no further increase in Fair rent is permissible under the HPURCA, 1987 except in cases of:

  • aAdditions
  • bRepairs
  • cAlterations
  • dImprovements
Answer & solution

Correct answer: A

Under Section 6 HPURCA 1987 ('Increase in fair rent in minor cases permissible'), once fair rent is fixed under Section 4, no further increase is permissible except in cases of additions/improvements to the building. Among the options, 'Additions' is the recognised statutory ground.

95

Under Section 9 of the HPURCA 1987, rent which should not have been paid, may be recovered:

  • aWithin a period of one year from the date of payment
  • bWithin a period of two years from the date of payment
  • cWithin a period of ten years from the date of payment
  • dWithin a period of three years from the date of payment
Answer & solution

Correct answer: A

Under Section 9 HPURCA 1987, a sum paid which is not payable under the Act is recoverable by the tenant within a period of one year after the date of payment.

96

Match List I with List II and select the correct answers by using the codes given below the Lists. (The Himachal Pradesh Urban Rent Control Act, 1987):

  • aList - I List - II
  • bCutting off or withholding essential supply or service (i) Section 12
  • cConversion of residential building into a non-residential building (ii) Section 11
  • dLandlord’s duty to keep the building or rented land in (iii) Section 17
  • eGood repairs
Answer & solution

Correct answer: B

Matching question printed without a clean code option. Per the bare act: cutting off/withholding essential supply or service = Section 11; conversion of residential into non-residential building = Section 12; landlord's duty to keep building in good repairs = Section 13 (the List-II option 'Section 17' is incorrect/garbled). The List-II values shown (12, 11, 17) are scrambled and no selectable code is given; flagged as defective. Best guess maps conversion->Section 12.

97

Right to recover immediate possession of tenanted premises under the HPURCA, 1987 does not accrue to which of the following?

  • aA person in occupation of any residential premises allotted by the Central Government, State Government or any local authority
  • bA specified landlord on his retirement
  • cWidow/widower of the specified landlord on his death
  • dA specified landlord retiring from the armed forces
Answer & solution

Correct answer: A

Under Section 15 HPURCA 1987 the right to recover immediate possession accrues to a specified landlord on retirement, on retiring from the armed forces, and to the widow/widower on his death. It does NOT accrue to a person who is himself in occupation of residential premises allotted by the Central/State Government or a local authority (that person is the occupant against whom possession may be sought).

98

Which Section under the HPUCRA, 1987 provides for ‘Lease of vacant buildings’?

  • aSection 18
  • bSection 19
  • cSection 20
  • dSection 22
Answer & solution

Correct answer: B

'Leases of vacant buildings' is provided under Section 19 of the HPURCA, 1987.

99

Leave to contest the application for eviction on the ground of bonafide requirement is provided under which Section of the HPURCA, 1987?

  • aSection 16(4)
  • bSection 16(5)
  • cSection 16(2)
  • dSection 16(6)
Answer & solution

Correct answer: B

Leave to contest the application for eviction on the ground of bonafide requirement is provided under Section 16(5) of the HPURCA, 1987.

100

Under Section 15 (3) of the HPURCA, 1987, if the landlord communists any default in making any refund of advance rent or any other payment within a period of 90 days from the date of recovery of possession, he is liable to pay simple interest at the rate of:

  • a9% per annum
  • b6% per annum
  • c11% per annum
  • d3% per annum
Answer & solution

Correct answer: A

Under Section 15(3) HPURCA 1987, on default in refunding advance rent/other payment within 90 days of recovery of possession, the landlord is liable to pay simple interest at 9% per annum.

101

In which of the following cases, the offence of an ‘Attempt’ is not committed?

  • a‘A’ intending to kill ‘Z’ fires at ‘B’s coat hanging in his room mistaking it for ‘Z’.
  • b‘A’ thrusts his hand into the pocket of ‘Z’ and fails to get anything because having nothing in ‘Z’s pocket.
  • c‘A’ administers to woman ‘Z’, a drug with the intent to producing abortion and fails, since the woman was not actually pregnant.
  • d‘A’ carries paddy, in violation of law without having a license, with the intent to supply and was stopped before delivery of paddy 10 miles away from destination.
Answer & solution

Correct answer: D

Carrying paddy without licence and being stopped 10 miles before delivery is mere preparation, not attempt (cf. Malkiat Singh v. State of Punjab); the other three are textbook IPC attempt illustrations (Ss.511, 307/511, 511 with impossible attempt).

102

In which one of the following cases, the House of Lords has given the answers to the questions relating to the defence of insanity?

  • aR. Vs. Dudley and Stephen
  • bR. Vs. Prince
  • cR. Vs. M’c Naghten
  • dNone of these
Answer & solution

Correct answer: C

The House of Lords answered the questions on the insanity defence in R. v. M'Naghten (1843), laying down the M'Naghten Rules embodied in S.84 IPC.

103

The judgement in case of Mahboob Shah Vs. Emperor was given by which one of the following Judges?

  • aAtkinson, J.
  • bSir Madhavan Nair, J.
  • cLord Sumner
  • dSir B. Peacock, J.
Answer & solution

Correct answer: B

The Privy Council judgment in Mahboob Shah v. Emperor, AIR 1945 PC 118, on common intention under S.34 IPC, was delivered by Sir Madhavan Nair.

104

Which one of the following Sections of the Indian Penal Code, 1860, may apply against woman also?

  • aSection 354
  • bSection 354-A
  • cSection 354-B
  • dSection 354-C
Answer & solution

Correct answer: A

S.354 uses the gender-neutral term 'whoever' as offender, so a woman can also be liable; whereas Ss.354-A, 354-B and 354-C use 'man' as the offender and apply only to males.

105

Which one of the following cases is not associate with the Section 497 of the Indian Penal Code?

  • aSowmithri Vishnu Vs. Union of India
  • bYusuf Abdul Aziz Vs. State of Bombay
  • cJoseph Shine Vs. Union of India
  • dRanjit D. Udeshi Vs. State of Maharashtra
Answer & solution

Correct answer: D

Sowmithri Vishnu, Yusuf Abdul Aziz and Joseph Shine all concern adultery under S.497 IPC; Ranjit D. Udeshi v. State of Maharashtra is an obscenity case under S.292 IPC (Lady Chatterley's Lover), unconnected to S.497.

106

Find out an incorrect statement:

  • aA collector exercising jurisdiction in a suit under Act 10 of 1859 is a Judge.
  • bA Magistrate exercising jurisdiction in respect of a charge on which he has power to fine or imprisonment with or without appeal is a judge.
  • cA member of a Panchayat which has power under Regulation VII, 1816 of the Madras Code to try and determine suits is a Judge.
  • dA Magistrate exercising jurisdiction in respect of charge on which he has power only to commit for trial to another court is a Judge.
Answer & solution

Correct answer: D

Per the illustrations to S.19 IPC, a Magistrate having power only to commit a case for trial to another court is NOT a Judge; the other three are expressly Judges. So statement (d) is incorrect.

107

Who amongst the following was not Judge of the Bench of the Supreme Court in deciding the case of ‘Navtej Singh Johar & Ors. Vs. Union of India through the Society, Ministry of law and Justice’?

  • aJustice Rohinton F. Nariman
  • bJustice A.M. Khanwilkar
  • cJustice R. Banumathi
  • dJustice D.Y. Chandrachud
Answer & solution

Correct answer: C

The five-judge bench in Navtej Singh Johar (2018) comprised CJI Dipak Misra, Nariman, Khanwilkar, Chandrachud and Indu Malhotra JJ. Justice R. Banumathi was not on the bench.

108

In which one of the following offences, exception to the rule u/s 34 of IPC does not apply that all the accused persons must be physically present at the scene of the offence?

  • aOffences affecting the Human Body
  • bOffences against Property
  • cOffences relating to Marriage
  • dOffences relating to Religion
Answer & solution

Correct answer: C

Close call; the recognised exception to the 'all accused physically present at the scene' requirement of S.34 is generally taken to lie in offences relating to marriage (e.g., bigamy) and cheating, where the act may be committed at a distance. Marked flagged as the intended key is debatable between property and marriage offences.

109

Which one of the following is an essential element of ‘Criminal breach of trust’?

  • aContractual relationship
  • bTransfer of Possession
  • cTaking Possession of the property by fraudulent means
  • dProperty must be movable only
Answer & solution

Correct answer: B

Criminal breach of trust under S.405 IPC requires entrustment, i.e., a lawful transfer of possession (entrustment) followed by dishonest misappropriation; entrustment is the core essential element.

110

‘A’ without any excuse fires a loaded cannon into a crowd of persons and kills one of them. ‘A’ is guilty of which one of the following offences under I.P.C?

  • aDeath by negligence
  • bMurder
  • cCulpable Homicide not amounting to Murder
  • dNo offence
Answer & solution

Correct answer: B

Firing a loaded cannon into a crowd without excuse is murder under S.300 'Fourthly' (act imminently dangerous, must in all probability cause death, done without excuse) — illustration (d) to S.300 IPC.

111

Which one of the following punishments is not in existence under the provisions of the Indian Penal Code, 1860?

  • aImprisonment for life
  • bForfeiture of property
  • cFine
  • dTransportation for life
Answer & solution

Correct answer: D

Transportation for life was abolished and substituted by 'imprisonment for life' by the Code of Criminal Procedure (Amendment) Act, 1955; it no longer exists among punishments under S.53 IPC.

112

Which one of the following does not amount to ‘abetment of a thing’?

  • aInstigation
  • bEngaging with one or more persons in a conspiracy and an act takes place thereof
  • cInternational aiding
  • dSupplying a person with shelter
Answer & solution

Correct answer: D

Under S.107 IPC, abetment is by instigation, conspiracy, or intentional aiding. Merely supplying shelter, without intentional aid to facilitate the offence, does not amount to abetment.

113

Causing of the death of child in mother’s womb is:

  • aCulpable Homicide
  • bMurder
  • cNot Homicide
  • dInfanticide
Answer & solution

Correct answer: C

Per Explanation 3 to S.299 IPC, causing the death of a child in the mother's womb is not homicide; it becomes homicide only if any part of the child is brought forth, though still in the womb.

114

In which one of the following cases, the Supreme Court had struck down Section 309, I.P.C?

  • aMaruti S. Dubal Vs. State of Maharashtra
  • bP. Rathinam N. Patnaik Vs. Union of India
  • cAruna R. Shanbaug Vs. Union of India
  • dCommon Cause (Registered Society) Vs. Union of India
Answer & solution

Correct answer: B

In P. Rathinam v. Union of India (1994) the Supreme Court struck down S.309 IPC as violative of Article 21 (later overruled in Gian Kaur, 1996). Option (b) names this case.

115

Under the provision of the Indian Penal Code fighting of two persons in a Public Place and disturbing the Public Peace will amount to:

  • aAn affray
  • bA rioting
  • cAn unlawful assembly
  • dNo offence
Answer & solution

Correct answer: A

Two persons fighting in a public place and disturbing the public peace constitutes an affray under S.159 IPC (which requires two or more persons fighting in a public place).

116

If a case is brought before the Magistrate and it appears him that the offence complained is triable exclusively by the Court of Session, while postponing the issue of process, he:

  • aMay direct an investigation to be made by a Police Officer
  • bShall commit the case to the Court of Session
  • cShall call upon the complaint to produce all his witness and examine the on oath
  • dShall return the complaint for presentation before the Court of Session
Answer & solution

Correct answer: A

Under S.202 CrPC, where the offence is triable exclusively by the Court of Session, the Magistrate, while postponing issue of process, may direct an investigation by a police officer (or inquiry by himself) to decide whether there is sufficient ground for proceeding.

117

No sentence of imprisonment shall be passed in case of summary trial for a term exceeding:

  • aTwo years
  • bOne year
  • cSix months
  • dThree months
Answer & solution

Correct answer: D

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

118

Section 482 of the Code of Criminal Procedure provides saving of inherent powers of which one of the following Court?

  • aSupreme Court
  • bCourt of Session
  • cHigh Court
  • dMagistrate Court
Answer & solution

Correct answer: C

S.482 CrPC saves the inherent powers of the High Court.

119

‘A’ is accused of an act which may amount to Criminal Breach of Trust or Cheating. He is only charged with cheating but it appears that ‘A’ has committed the offence of Criminal Breach of trust. He may be:

  • aAcquitted from the charge of Criminal Breach of Trust
  • bConvicted to Cheating only, not for other
  • cConvicted of Criminal Breach of Trust, also
  • dDischarged from the charge of Criminal Breach of Trust
Answer & solution

Correct answer: C

Under S.221 CrPC, where it is doubtful which of several offences the facts will constitute, and the accused is charged with one (cheating) but proved to have committed another (criminal breach of trust), he may be convicted of the offence shown to have been committed (CBT) though not charged with it.

120

Which one of the following Courts has no power to transfer cases and appeals, if it is expedient for the ends of Justice?

  • aSupreme Court
  • bHigh Court
  • cSession Judge
  • dChief Judicial Magistrate
Answer & solution

Correct answer: D

Power to transfer cases and appeals for the ends of justice vests in the Supreme Court (S.406), High Court (S.407) and Sessions Judge (S.408) CrPC. The Chief Judicial Magistrate has no such transfer power.

121

Which one of the following Sections has not been inserted under the Code of Criminal Procedure, 1973 by the Criminal Law (Amendment) Act 2013?

  • aSection 265-C
  • bSection 357-B
  • cSection 357-C
  • dSection 198-B
Answer & solution

Correct answer: A

Ss.357-B, 357-C and 198-B CrPC were inserted by the Criminal Law (Amendment) Act, 2013. S.265-C (plea bargaining) was inserted earlier, by the Criminal Law (Amendment) Act, 2005, not by the 2013 Act.

122

An Additional Chief Judicial Magistrate may be appointed by the:

  • aChief Judicial Magistrate
  • bSession Judge
  • cHigh Court
  • dGovernor of the State
Answer & solution

Correct answer: C

Under S.12(2) CrPC, the High Court may appoint any Judicial Magistrate of the first class to be an Additional Chief Judicial Magistrate.

123

Who among the following is authorised to order to execute a Bond (with or without sureties), if he receives information that any person is likely to commit a breach of the peace or disturb the public tranquillity?

  • aSession Judge
  • bExecutive Magistrate
  • cJudicial Magistrate of the first class
  • dSuperintendent of Police
Answer & solution

Correct answer: B

Under S.107 CrPC, an Executive Magistrate, on receiving information that a person is likely to commit a breach of the peace or disturb public tranquillity, may require him to show cause why he should not execute a bond for keeping the peace.

124

Who among the following is a competent person by whom the offence of “Theft’ may be compounded?

  • aThe owner of property stolen
  • bThe possessor of property
  • cThe Station House Officer where F.I.R of stolen property is lodged
  • dThe Public Prosecutor
Answer & solution

Correct answer: A

Per the table under S.320 CrPC, theft (S.379 IPC) is compoundable by the owner of the property stolen.

125

Warrant-case does not include a case relating to an offence punishable with:

  • aDeath
  • bImprisonment for life
  • cImprisonment for term exceeding two years
  • dImprisonment for a term not exceeding two years
Answer & solution

Correct answer: D

Under S.2(x) CrPC, a 'warrant-case' is one relating to an offence punishable with death, imprisonment for life, or imprisonment exceeding two years. An offence punishable with imprisonment not exceeding two years is a summons-case, hence excluded.

126

The principle relating to the ‘double jeopardy’ is embodied under which one of the following Sections of the Code of Criminal Procedure?

  • aSection 300
  • bSection 20(2)
  • cSection 298
  • dSection 301
Answer & solution

Correct answer: A

The rule against double jeopardy / autrefois acquit-convict in the CrPC is embodied in Section 300 ('Person once convicted or acquitted not to be tried for same offence').

127

In case of an offence which is punishable with imprisonment for a term exceeding one year but not exceeding three years, the period of limitation for taking cognizance shall be:

  • aSix months
  • bOne year
  • cThree years
  • dTen-years
Answer & solution

Correct answer: C

Under Section 468(2)(c) CrPC, where the offence is punishable with imprisonment exceeding one year but not exceeding three years, the limitation period for taking cognizance is three years.

128

Framing of formal charge shall not be necessary in:

  • aTrial of warrant-case instituted on a Police report by a Magistrate
  • bTrial of summons case by a Magistrate
  • cTrial before a Court of Session
  • dTrial of warrant-case instituted other than a Police report by a Magistrate
Answer & solution

Correct answer: B

In a summons-case (Chapter XX, Ss. 251 ff.), no formal charge is framed; the substance of the accusation is merely stated to the accused. Warrant-cases and sessions trials require a formal charge.

129

Who among the following is authorised to record confession under Section 164, the Code of Criminal Procedure?

  • aAny police Office
  • bAny Judicial Magistrate or Metropolitan Magistrate
  • cJudicial Magistrate who has Jurisdiction exclusively
  • dExecutive Magistrate only
Answer & solution

Correct answer: B

Section 164 CrPC empowers any Metropolitan Magistrate or Judicial Magistrate to record confessions/statements; a police officer cannot, and the Magistrate need not have jurisdiction in the case.

130

When may police arrest any person without an order from a Magistrate and without a warrant?

  • aIf person concerned is in a non-cognizable offence
  • bIf person against whom a complaint has been made
  • cIf person against whom a credible information has been received or reasonable suspicions exist of his having so concerned (as mentioned in A & B )
  • dIf person against whom a credible information has been received or a reasonable suspicion exists that the person has committed a cognizable offence punishable with not less than 07 years
Answer & solution

Correct answer: C

Under Section 41(1) CrPC a police officer may arrest without warrant a person who is concerned in a cognizable offence or against whom a reasonable complaint/credible information/reasonable suspicion exists. The seven-year qualifier in (d) is not a precondition to all arrests, so the composite (c) is the best answer.

131

Which one of the following punishments may be awarded in case of dishonour of cheque for insufficiency under the Negotiable Instruments Act, 1881?

  • aWith fine which may extend to thrice the amount of cheque
  • bWith fine which may extend to twice the amount of cheque
  • cWith fine which may same as the amount of cheque
  • dWith fine which amount may unlimited and decided by the Court
Answer & solution

Correct answer: B

Section 138 of the Negotiable Instruments Act prescribes imprisonment up to two years, or fine which may extend to twice the amount of the cheque, or both.

132

Which one the following is incorrect to the offence committed u/s 138, the Negotiable Instruments Act, 1881/

  • aPresentation of the cheque to the Bank and returning the cheque unpaid by the drawee Bank
  • bGiving notice in writing to the drawer of the cheque demanding payment of the notice
  • cDrawer must have guilty intent while drawing the cheque
  • dFailure of the drawer to make payment within 15 days of the receipt of the notice
Answer & solution

Correct answer: C

Section 138 NIA is a strict-liability offence; mens rea / guilty intent at the time of drawing the cheque is NOT an ingredient. The other options (presentation, dishonour, statutory notice, failure to pay within 15 days) are the true ingredients.

133

Which one of the following Sections provides “presumption in favour of holde” under th Negotiable Instruments Act?

  • aSection 138
  • bSection 139
  • cSection 140
  • dSection 141
Answer & solution

Correct answer: B

Section 139 NIA raises the presumption in favour of the holder that the cheque was received for the discharge of a debt or liability.

134

The word ‘Company’ explained u/s 141 of the Negotiable Instrument Act, 1881, does not mean:

  • aAny body corporate
  • bA firm
  • cOther association of individuals
  • dAny person acting as a Banker
Answer & solution

Correct answer: D

The Explanation to Section 141 NIA defines 'company' to mean any body corporate and includes a firm or other association of individuals; a person merely acting as a banker is not within that definition.

135

Find out the correct statement in respect to the provisions of Section 142, the Negotiable Instruments Act, 1881:

  • aJudicial Magistrate of the second class only shall try any offence punishable under Section 138, NIA
  • bNo court shall take cognizance of any offence punishable under Section 138, NIA except upon a complaint, in writing made by the payee
  • cCourt of competent Jurisdiction can not take cognizance of complaint after expiry of prescribed period provided under the Section ever if finds sufficient cause for delay
  • dCourt can take suo-motu cognizance of offence u/s 138, NIA
Answer & solution

Correct answer: B

Section 142 NIA provides that no court shall take cognizance of an offence under Section 138 except upon a written complaint made by the payee or holder in due course; there is no suo motu cognizance and the bar on second-class magistrates is the opposite of the statute.

136

The term ‘Bear’ is defined under which one of the following clauses of Section 2 of the H.P. Excise Act, 2011?

  • aClause (d)
  • bClause (c)
  • cClause (b)
  • dClause (a)
Answer & solution

Correct answer: D

Under the HP Excise Act, 2011, 'beer' is defined in Section 2(a), i.e. clause (a).

137

The term ‘permit’ as defined under the H.P. Excise Act, 2011 means:

  • aAn order passed by appropriate authority
  • bA license granted under this Act
  • cA judgement given by the Court of Law
  • dA no objection statement issued by the Collector of the district for import and transport of liquor
Answer & solution

Correct answer: D

Under the HP Excise Act, 2011 a 'permit' is the written authority/NOC for import, export or transport of liquor (distinct from a 'licence', which authorises manufacture/sale). Option (d) best captures the permit (import/transport authority issued by the appropriate authority). Flagged: option wording is imprecise as to issuing officer.

138

When the Financial Commissioner may not cancel license under Section 30 of the H.P. Excise Act, 2011?

  • aIf license is transferred or sublet by the holder without permission of appropriate authority
  • bIf any excise duty or other duty payable by the holder is not duly paid
  • cIf the holder is elected as member of the Legislative Assembly or Local Bodies
  • dIf the holder is convicted of any offence punishable under the H.P. Excise Act, 2011 or any Acts, specified under Sub-clause (d) of Section 29
Answer & solution

Correct answer: C

Cancellation/suspension of licence under the Excise Act is for breaches such as transfer/subletting without permission, non-payment of duty, or conviction for an excise offence. A licensee being elected to the Legislative Assembly or a local body is not a ground for cancellation.

139

The H.P. Excise Act, 2011 provides provision of punishment not less than three years and the fine not less than one lakh rupees, if the accused commits an offence relating to import, export or transport of:

  • aCountry liquor exceeding 45 liters
  • bForeign liquor exceeding 40 liters but not exceeding 45 liters
  • cCountry liquor exceeding 40 liters but not exceeding 45 liters
  • dOther spirits not exceeding 5 liters
Answer & solution

Correct answer: A

Section 39 HP Excise Act, 2011 prescribes the enhanced minimum punishment (imprisonment not less than three years and fine not less than one lakh rupees) where the import/export/transport involves country liquor exceeding forty-five litres (or foreign liquor exceeding forty-five litres).

140

If any person consumes liquor in any unlicensed public place in contravention of any provisions of the H.P. Excise Act, 2011, he shall be punished with which one of the following punishment?

  • aWith imprisonment for a term which may extend to three moths
  • bWith fine which shall not be less than two thousand and which may extend to ten thousand rupees
  • cWith fine which shall not be less than one thousand and which may extend to five thousand rupees
  • dWith imprisonment of one year and with fine of one thousand rupees
Answer & solution

Correct answer: C

Under Section 53 HP Excise Act, 2011, consuming liquor in an unlicensed public place is punishable with fine not less than one thousand and which may extend to five thousand rupees.

141

The term ‘Zoo’, defined under the Wild Life (Protection) Act, 1972 (as amended) does not include:

  • aA circus
  • bA rescue centres
  • cAn establishment of licensed dealer in captive animals
  • dNone of the above
Answer & solution

Correct answer: A

Section 2(39) of the Wild Life (Protection) Act, 1972 defines 'zoo' to include rescue centres and dealers' establishments but expressly EXCLUDES a circus.

142

Which of the following is not a duty of the State Board for Wildlife?

  • aSelection and management of areas to be declared as protected areas
  • bFormulation of the policy for protection and conservation of the wildlife
  • cMeasures to be taken for harmonising the needs of the tribal and other dwellers of the forest with the protection and conservation of wildlife
  • dSelection of the forest guards for protection and conservation of the wildlife
Answer & solution

Correct answer: D

Under Section 8 of the WLPA, the State Board for Wild Life advises on policy, selection/management of protected areas, and harmonising tribal/forest-dweller needs with conservation. Selection of forest guards is an administrative/recruitment function, not a duty of the Board.

143

Under Chapter VI-A of the Wildlife (Protection) Act, the term used ‘relative’, does not mean:

  • aSpouse of the person
  • bBrother and sister of the person
  • cServant working for spouse of the person
  • dAny lineal ascendant or descendant of the person or spouse of the person
Answer & solution

Correct answer: C

Under Chapter VI-A WLPA, 'relative' means the spouse, brother/sister, and any lineal ascendant or descendant of the person or spouse. A servant working for the spouse is not a 'relative'.

144

What is the amount of reward which may be provided to a person who render assistance in detection of the offence, if court imposes a sentence of fine and order thereof under the Wildlife (Protection) Act, 1972 (as amended)?

  • aUp to twenty per cent of fine
  • bUp to ten percent of fine
  • cUp to fifty percent of fine
  • dUp To seventy percent of fine
Answer & solution

Correct answer: C

Under Section 60A WLPA, where the court imposes a sentence of fine, it may order a reward, out of the fine, not exceeding fifty per cent of such fine, to a person who renders assistance in detection of the offence or apprehension of offenders.

145

Who among the following has empowered to order payment of reward under Section 60-B of the Wildlife (Protection) Act, 1972 (as amended)?

  • aThe court
  • bThe chief Wildlife Warden empowered by the State Govt.
  • cThe Minister of Forest
  • dThe Collector
Answer & solution

Correct answer: B

Section 60B WLPA empowers the Chief Wild Life Warden (when so empowered by the State Government) to order payment of a reward (up to ten thousand rupees) for assistance in detection of the offence or apprehension of the offender.

146

Which one of the following Act is not prohibited Act in relation to reserve forest?

  • aSets fire in the forest
  • bPastures cattle in the forest
  • cWorship of sacred trees in the forest
  • dQuarries stone from the forest
Answer & solution

Correct answer: C

Under Section 26 of the Indian Forest Act, 1927, acts such as setting fire, pasturing cattle, and quarrying stone in a reserved forest are prohibited/penalised. Mere worship of sacred trees is not a prohibited act.

147

Which one of the following punishments is provided u/s 33 of the Indian Forest Act, if any person fens, lops or burns any tree reserved under Section 30?

  • aWith imprisonment for a term which may extend to six months only not others
  • bWith imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both
  • cWith fine which may extend to five hundred rupees only not others
  • dWith imprisonment for a term which may extend to nine months or with fine which may extend to one thousand rupees or with both
Answer & solution

Correct answer: B

Section 33 of the Indian Forest Act, 1927 punishes felling/lopping/burning a tree reserved under Section 30 with imprisonment up to six months, or fine up to five hundred rupees, or both.

148

Which one of the following Sections of the Indian Forest Act provides the powers of a Civil Court in trial of suits to the Forest Settlement Officer?

  • aSection 6
  • bSection 7
  • cSection 8
  • dSection 9
Answer & solution

Correct answer: C

Section 8 of the Indian Forest Act, 1927 vests the Forest Settlement-officer with the powers of a Civil Court in the trial of suits (along with power to enter, survey and demarcate land).

149

What is punishment for wrongful seizure under Indian Forest Act?

  • aImprisonment for a term which may extend to six months or with fine of one thousand rupees or both
  • bImprisonment for a term which may extend to one year or with fine of one thousand rupees or both
  • cImprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or both
  • dImprisonment for life
Answer & solution

Correct answer: C

Section 62 of the Indian Forest Act, 1927 punishes a Forest/Police officer who vexatiously and unnecessarily seizes property (wrongful seizure) with imprisonment up to six months, or fine up to five hundred rupees, or both.

150

‘Forest-produce’ is explained under which one of the following clauses of Section 2, the Indian Forest Act?

  • aClause 2
  • bClause 3
  • cClause 4
  • dClause 4-A
Answer & solution

Correct answer: C

'Forest-produce' is defined in Section 2(4) of the Indian Forest Act, 1927, i.e. clause (4).

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