Friday, May 11, 2012

Law Question Paper for Higher Judicial Service Exams

Law Question Paper for Higher Judicial Service Exams
Law Model Test Paper

1. Match List-I with List-II and select the correct answer with the help of the code given below— List-I
(a) Surrender of the certificate of the police officer
(b) Deployment of additional police force at rail and other works
(c) Village police officer
(d) Regulation of public assemblies and processions
List-II (Section of Police Act)
1. Section 21
2. Section 8
3. Section 30
4. Section 14
Codes:
     (a)(b)(c)(d)
(A)  2  1   3  4
(B)   2 4   1  3
(C)  1  2   3  4
(D)   3  2  4  1
Ans:-B

2. In which of the following decisions it was laid down that the accused cannot use the case diary ? Neither the accused nor his counsel can requisition the case diary and they cannot claim to go through it?
(A) U. P. State Vs. Harish Chandra Singh
(B) Arya Veer Saxena Vs. State
(C) State of Kerala Vs. Amini and Others
(D) Mukand Lal Vs. Union of India
Ans:-D


3. When a number of documents are all made by one uniform process, as in the case of printing, lithography or photography, each is—
(A) Secondary evidence of the contents of the rest
(B) Primary evidence of the contents of the rest
(C) Direct evidence of the contents of the rest
(D) Documentary evidence of the contents of the rest
Ans:-B

4. Deception is an essential element of the following—
(A) Criminal breach of trust
(B) Forgery
(C) Cheating
(D) All the above
Ans:-C

5. Which of the following statements is not true ?
(A) Rioting and affray have been defined in Sections 146 and 159 of I.P.C. respectively
(B) Rioting must be committed in public place, affray may be committed in any place
(C) Rioting is punishable with imprisonment extending to two years, affray is punishable with imprisonment extending to one month
(D) Rioting is committed by 5 or more persons and affray is committed by 2 or more persons
Ans:-B

6. Which one of the following is not punishable under the Indian Penal Code?
(A) Preparation to wage war against t. State
(B) Preparation to commit murder
(C) Preparation to commit dacoity
(D) Preparation to commit depredation on the territory of a friendly power
Ans:-B

7. Match List-I with List-Il and select the correct answer using the code given below the list?
List-I
(a) Dowry death
(b) House-breaking
(C) Assault
(d) Wrongful confinement
List-II
I. Section 340 I.P.C.
2. Section 351 I.P.C.
3. Section 304 B 1.P.C.
4. Section 445 I.P.C.
Codes:
    (a)(b(c)(d)
(A) 4 3 2 1
(B) 3 4 1 2
(C) 3 4 2 1
(D) 1 2 3 4
Ans:-C

8. Some provisions of the I. P. C. have been amended by the—
(A) Administrative Tribunals Act, 1985
(B) Arbitration and Reconciliation Act, 1996
(C) Information Technology Act, 2000
(D) None of the above
Ans:-C

9. Principle of vicarious liability was first time decided in the case—
(A) R. Vs. Huggins
(B) R. Vs. Stephenson
(C) R. Vs. Tolson
(D) R. Vs. Prince
Ans:-A

10.Confession can be result of self-talk, communication of confession to another person is not necessary, was held in the case of—
(A)Sankaria Vs. State of Rajasthan
(B)Buta Singh Vs. State of Punjab
(C)Sahoo Vs. State of U. P.
(D)Nishikant Jha Vs. State of Bihar
Ans:-C


11. The man who has disappeared and remained unheard of for seven years by those who would have naturally heard of him, if he was alive; the presumption then arises that he is dead.. What shall be the presumption as to time of death of such person?
(A) The presu1ption is that the man died on the date seven years after he was last heard
(B) The presumption is that the man died at the beginning of the particular period during these seven years
(C) Those who allege that the death should be taken to have occurred at a particular time, will have to prove that fact
(D) The presumption is that the man died on the date of judicial pronouncement
Ans:-C

12.If the digital signature of any subscriber is alleged to have been affixed to an electronic record the fact that such digital signature is the digital signature of the subscriber must be proved, except in the case of a—
(A) Secure digital signature
(B) Certified digital signature
(C) Computerised digital signature
(D) Official digital signature
Ans:-A


13. A dying declaration—
1. Cannot form the sole basis of conviction unless corro-borated.
2. Is a weak kind of evidence.
3. Stands on same footing as any other piece of evidence.
4. Has to be subjected to a very close scrutiny for reliability.
Select the correct answer using the code given below—
Codes:
(A) l and 4
(C) 3 and 4
(B) 2 and 3
(D) 1 only
Ans:-C

14. ‘A’ accused of murder, alleges that by grave and sudden provocation, he was deprived of the power of self-control. ‘B’ denies this fact—
(A) The burden of proof must be shared by both ‘A’ and ‘B’
(B) The burden of proof is on ‘B’
(C) The burden of proof is on prosecution
(D) The burden of proof is on ‘A’
Ans:-D


15. Evidence of custom cannot establish—
(A) A civil right
(B) An easementary right
(C) A customary right
(D) A criminal right
Ans:-D

16. ‘A’ sues ‘B’ for trespass on his land. ‘B’ alleges the existence of a public right of way over the land, which ‘A’ denies.
The existence of a decree in favour of the defendant, in suit by ‘A’ against ‘C’ for a trespass on the same land in which ‘C’ alleged the existence of the same right of way, is—
(A) Relevant, but it will not operate as estoppel
(B) Irrelevant, but it may be considered
(C) A conclusive proof that the right of way exists
(D) Relevant but not a conclusive proof that the right of way  exits
Ans:-D


17. Who amongst the folli5wing is an accomplice?
(A) A spy
(B) A person giving bribe under coercion
(C) A raped girl (Prosecutrix)
(D) A prostitute
Ans:-D

18. The question is, whether ‘A’ committed a crime at Kolkata on a certain day. In answer to this question, which of the following fact is relevant?
(A) That ‘A’ was out that day at Mumbai
(B) That ‘A’ habitually goes to Kolkata
(C) That ‘A’ habitually commits crime
(D) None of the above
Ans:-A


19. A confession made by an accused person is relevant—
(A) If it has proceeded from a person in authority, unless made in the immediate presence of a Magistrate
(B) If it is made to a police officer, unless made in the immediate presence of a Magistrate
(C) If it is made to a Magistrate provided the police officer is present
(D) If it is made whilst he is in custody of a police officer, and is made in the immediate presence of a Magistrate
Ans:-D



20. A marriage was solemnized in a general customary form. What is the rule for proving that it is a legal wedlock?
(A) The custom shall be proved by evidence
(B) The court takes judicial notice of the custom
(C) The court shall evaluate the effect of custom on general public
(D) All the above
Ans:-B


21. Which one of the following sections of Indian Evidence Act contains provisions regarding cross-examination of witnesses to character?
(A) Section 140
(B) Section 141
(C) Section 142
(D) Section 139
Ans:-A

22. The evidence unearthed by the sniffer dog falls under—
(A)Oral evidence
(B)Documentary evidence
(C)Hearsay evidence
(D)Scientific evidence
Ans:-D


23. Whenever it is directed by the Indian Evidence Act, 1872 that the court shall presume a fact, it shall regard such fact as—
(A) Proved, unless and until it is disproved
(B) Proved, unless and until it is disproved or may call for proof of it
(C) Proved
(D) Proved and shall not allow evidence to be given for the purpose of disproving it
Ans:-A

24. Relevancy and admissibility under the Indian Evidence Act, 1872 are—
(A) Synonymous
(B) Co-extensive
(C) Neither synonymous nor co-extensive
(D) Synonymous and co-extensive, both
Ans:-C

25. Examination, after the cross-examination of a witness by the party who has called him is called—
(A) Main examination
(B) Additional examination
(C) Re-examination
(D) Re-cross-examination
Ans:-C

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