Prelims · objective
HP Civil Judge Prelims 2017 Question Paper with Answers
150 questions. The first 10 questions are free to attempt. All HP Civil Judge papers
Question 1 · Civil Law I
Declaration by a person, not able to be called as witness, in the course of business is admissible under:
- (A) Section 32 (1) of the Indian Evidence Act, 1872
- (B) Section 32 (2) of the Indian Evidence Act, 1872
- (C) Section 32 (4) of the Indian Evidence Act, 1872
- (D) Section 32 (7) of the Indian Evidence Act, 1872
Answer: (B) Section 32 (2) of the Indian Evidence Act, 1872
Question 2 · Civil Law I
Under Section 14 of the Himachal Pradesh Courts Act, 1976, the High Court may by general or special order authorise any Subordinate Judge to take cognizance of, and any District Judge to transfer to such a Subordinate Judge under his control, any proceedings or any class of proceedings, specified in such order under any of the enactments mentioned in that section. One such Act is:
- (A) The Hindu Marriage Act, 1955
- (B) The Hindu Succession Act, 1956
- (C) The Provincial Insolvency Act, 1920
- (D) All of the above
Answer: (D) All of the above
Question 3 · Civil Law I
For the purposes of the Specific Relief Act, 1963 the word "settlement" means:
- (A) An instrument whereby the destination or devolution of successive interests in movable property is disposed of
- (B) An instrument including codicil or will whereby the destination or devolution of successive interests in immovable property is disposed of or is agreed to be disposed of
- (C) An instrument including codicil or will whereby the devolution of successive interests in movable or immovable property is disposed of
- (D) An instrument including codicil or will whereby the destination or devolution of successive interests in movable or immovable property is disposed of or is agreed to be disposed of
Answer: (D) An instrument including codicil or will whereby the destination or devolution of successive interests in movable or immovable property is disposed of or is agreed to be disposed of
Question 4 · Civil Law I
In which of the following cases the Supreme Court of India held that the rule of prudence requires that the evidence of an accomplice should ordinarily be corroborated by some other evidence:
- (A) Francis Stanly Vs. Intelligence Officer, AIR 2007 SC 794
- (B) Youaraj Rai Vs. Chander Bahadur Karki, AIR 2007 SC 561
- (C) Kamla Devi Vs. Khushal Kanwar, AIR 2007 SC 663
- (D) Bablu Vs. State of Rajasthan, AIR 2006 SC 115
Answer: (D) Bablu Vs. State of Rajasthan, AIR 2006 SC 115
Question 5 · Civil Law I
Which of the following is not a 'lease' under the Indian Stamp Act as applicable to State of Himachal Pradesh?
- (A) A patta
- (B) A kabuliyat or other undertaking in writing, not being a counterpart of a lease, to cultivate, occupy, or pay or deliver rent for, immovable property;
- (C) Any instrument by which one person, in consideration of a premium, engages to indemnify another against loss, damage or liability arising from an unknown or contingent event
- (D) Any instrument by which tolls of any description are let; and any writing on an application for a lease intended to signify that the application is granted
Answer: (C) Any instrument by which one person, in consideration of a premium, engages to indemnify another against loss, damage or liability arising from an unknown or contingent event
Question 6 · Civil Law I
All duties, penalties and other sums required to be paid for instruments not duly stamped may be recovered by the Collector:
- (A) Only by distress and sale of the movable property of the person from whom the same are due
- (B) Only by any process for the time being in force for the recovery of arrears of land revenue
- (C) Either by (A) or (B)
- (D) None of the above
Answer: (C) Either by (A) or (B)
Question 7 · Civil Law I
Which of the following securities dealt in depository are not being liable to stamp duty under the Indian Stamp Act?
- (A) The transfer of registered ownership of securities from a person to a depository or from a depository to a beneficial owner
- (B) The transfer of beneficial ownership of securities, dealt with by a depository
- (C) Both (A) and (B)
- (D) Neither (A) nor (B)
Answer: (C) Both (A) and (B)
Question 8 · Civil Law I
The "test identification parade is only an aid to investigation. The practice is not born out of prudence" was held by Supreme Court of India in:
- (A) Siddharth Vashist @ Manu Sharma Vs. State (NCT of Delhi), AIR 2010 SC 2352
- (B) Shivaji Vs. Nagendra, AIR 2010 SC 2261
- (C) S. Jaiswal Vs. Alok, AIR 2010 SC (NOC) 805
- (D) Sujata Vs. S.K. Bahera, AIR 2010 (NOC) 812
Answer: (A) Siddharth Vashist @ Manu Sharma Vs. State (NCT of Delhi), AIR 2010 SC 2352
Question 9 · Civil Law I
The doctrine of estoppel is a:
- (A) Substantive law
- (B) Rule of equity
- (C) Rule of evidence
- (D) Rule of pleadings
Answer: (C) Rule of evidence
Question 10 · Civil Law I
Mesne profits of property as defined in Section 2 (12) of Civil Procedure Code, 1908 means:
- (A) Those profits which the person in wrongful possession of such property actually received or might with ordinary diligence have received together with interest on such profits.
- (B) Those profits which the person in wrongful possession of such property actually received including profits due to improvements made by such person
- (C) Those profits which the person in wrongful possession of such property actually received or might have received but without any interest on such profits
- (D) Those profits which the person in wrongful possession of such property actually received
Answer: (A) Those profits which the person in wrongful possession of such property actually received or might with ordinary diligence have received together with interest on such profits.