Prelims · objective

Delhi Higher Judiciary Prelims 2016 Question Paper with Answers

125 questions. The first 10 questions are free to attempt. All Delhi Higher Judiciary papers

  1. Question 1 · Prelims

    'B' owes to 'C' a debt guaranteed by 'A'. The debt becomes payable. 'C' does not sue 'B' for a year after the debt has become payable

    1. (A) 'A' is discharged from his surety.
    2. (B) 'A' is not discharged from his suretyship.
    3. (C) Cannot be determined from the facts given
    4. (D) None of the above

    Answer: (B) 'A' is not discharged from his suretyship.

  2. Question 2 · Prelims

    The winner of the 41st Ranji Trophy in February 2016 was

    1. (A) Saurashtra
    2. (B) Karnataka
    3. (C) Delhi
    4. (D) Mumbai

    Answer: (D) Mumbai

  3. Question 3 · Prelims

    'A' tenant in a premises at Delhi at a rent at excess of Rs.3,500/- per month contests the suit, filed by the landlord for his ejectment and for mesne profits, on the ground that the suit had been filed prior to the expiry of the term of the registered Lease Deed and was premature. The suit is entertained and put to trial. During the pendency of the suit the term of the registered Lease Deed expires.

    1. (A) At the time of final decision of the suit the suit will be dismissed as premature having been filed before the expiry of the term of the registered Lease Deed
    2. (B) Notwithstanding the suit being premature, since the period of lease has expired the suit will be decreed for ejectment and for mesne profits for the period after the expiry of the term of the registered Lease Deed.
    3. (C) The suit will be decreed for ejectment as well as for mesne profits from the date of institution of the suit.
    4. (D) None of the above

    Answer: (B) Notwithstanding the suit being premature, since the period of lease has expired the suit will be decreed for ejectment and for mesne profits for the period after the expiry of the term of the registered Lease Deed.

  4. Question 4 · Prelims

    'A' files a suit under Order 37 of the CPC for recovery of money from 'B' pleading that 'A' had given on loan a sum of ₹ 5 lacs to 'B' vide cheque which was duly encashed in the account of 'B' but 'B' had failed to return the said amount received by him by cheque.

    1. (A) The suit is maintainable under Order 37 of the CPC.
    2. (B) The suit is not maintainable under Order 37 of the CPC because 'A' has not filed the cheque by which payment was made along with the plaint.
    3. (C) The record of the Banks on which the cheque was issued and in which the cheque was encashed shall be called and if payment is indeed found to be made by cheque the suit would be entertained under Order 37 of the CPC
    4. (D) The suit as per averment made in the plaint is not maintainable under Order 37 of the CPC.

    Answer: (D) The suit as per averment made in the plaint is not maintainable under Order 37 of the CPC.

  5. Question 5 · Prelims

    'A', in or about the year 2015, files a suit against his father and two brothers pleading that his grandfather had in the year 1960 purchased the house in which all the parties to the suit were residing and that the grandfather had died in the year 2000 bequeathing the said house to his father and claiming partition of the suit house, being ancestral property. One of the two brothers of 'A' impleaded as defendant supports the case of 'A' and the other brother is proceeded against ex-parte. The father files an application under Order 7 Rule 11 of CPC for rejection of the plaint stating that A' or his other son/s have no share in the house.

    1. (A) The said application will be allowed and the plaint rejected.
    2. (B) The said application will be dismissed with costs
    3. (C) The decision on the application will be postponed to the time of decision of the suit
    4. (D) An issue along with other issues arising in the suit will be framed to the effect, whether the plaint is liable to be rejected.

    Answer: (B) The said application will be dismissed with costs

  6. Question 6 · Prelims

    'A' guarantees to 'B' payment of a bill of exchange by 'C', the acceptor. The bill is dishonoured by

    1. (A) 'A' is liable only for the amount of the bill but not for any interest and charges which may have become due on it.
    2. (B) 'A' is liable not only for the amount of the bill but also for any interest and charges which may have become due on it but after 'B' has failed to recover the same from 'C'
    3. (C) 'A' is liable not only for the amount of the bill but also for any interest and charges which may have become due on it
    4. (D) Only 'C' is liable for the amount of the bill and for interest and charges due on it.

    Answer: (C) 'A' is liable not only for the amount of the bill but also for any interest and charges which may have become due on it

  7. Question 7 · Prelims

    He realised he was

    1. (A) dependent, dependent on her for emotional support. But he resented being a
    2. (B) dependant, dependence
    3. (C) dependant, dependent
    4. (D) dependent, dependant Directions (Questions 22-24): Supply the missing words in these famous quotes.

    Answer: (D) dependent, dependant Directions (Questions 22-24): Supply the missing words in these famous quotes.

  8. Question 8 · Prelims

    'Unexceptionable' means

    1. (A) unacceptable
    2. (B) inadmissible
    3. (C) not open to objection
    4. (D) sudden

    Answer: (C) not open to objection

  9. Question 9 · Prelims

    'A' and 'B' stand surety for payment of the amounts due by 'C' to 'D'. 'D' releases 'A' from his fc suretyship.

    1. (A) 'B' automatically stands discharged.
    2. (B) 'B' does not stand discharged merely from 'D' releasing ' A' from his suretyship.
    3. (C) Though 'B' does not stand discharged but can separately seek relief against 'A' as co-surety.
    4. (D) None of the above

    Answer: (B) 'B' does not stand discharged merely from 'D' releasing ' A' from his suretyship.

  10. Question 10 · Prelims

    One of the conditions laid down in the Agreement to Sell was that sale would be subject to the seller being able to settle with its labour and the labour agreeing to the sale. The labour did not agree to the sale. However certain other terms of the Agreement of obtaining permission under the Urban Land (Ceiling and Regulation) Act, 1976 and of conversion of the property from industrial zone to residential use were implemented. The purchaser contended that he waives the term relating the consent of labour and therefore the sellers cannot take advantage of a stipulation which the party for whose benefit it was made had expressly waived, and sues for specific performance.

    1. (A) The purchaser is entitled to a decree for specific performance.
    2. (B) The purchaser is not entitled to a decree for specific performance.
    3. (C) Cannot be determined from the facts given
    4. (D) None of the above

    Answer: (B) The purchaser is not entitled to a decree for specific performance.