Prelims · objective

HP Civil Judge Prelims 2023 Question Paper with Answers

107 questions. The first 10 questions are free to attempt. All HP Civil Judge papers

  1. Question 1 · Prelims

    In the case of substituted performance of the contract by a third party in accordance with the provisions of the Specific Relief Act, 1963, which of the following is incorrect?

    1. (A) After the substituted performance, a claim of specific performance is maintainable.
    2. (B) After the substituted performance, a claim form compensation is not maintainable.
    3. (C) A party who suffers the breach would not be entitled to recover the expenses and costs unless has got the contract performed through a third party or by his own agency.
    4. (D) All the above are correct.

    Answer: (A) After the substituted performance, a claim of specific performance is maintainable.

  2. Question 2 · Prelims

    Under Section 10, TPA, transfer of property subject to a condition or limitation absolutely restraining the transferee from parting with his interest in the property, the condition or limitation is:

    1. (A) Illegal
    2. (B) Void
    3. (C) Voidable
    4. (D) Enforceable

    Answer: (B) Void

  3. Question 3 · Prelims

    As per the Transfer of Property Act, 1882; If the donee dies before acceptance of the gift, such gift is:

    1. (A) Void
    2. (B) Voidable
    3. (C) Valid
    4. (D) Converted into will

    Answer: (A) Void

  4. Question 4 · Prelims

    With respect to estoppel, which of the following is incorrect?

    1. (A) Estoppel aims to prevent fraud and secure justice between the parties by promoting honesty and good faith.
    2. (B) Estoppel is a rule of evidence.
    3. (C) Estoppel is applicable against the statute..
    4. (D) All are correct.

    Answer: (C) Estoppel is applicable against the statute..

  5. Question 5 · Prelims

    'Attested' in relation to an instrument means: i. Attested by two or more witnesses. ii. Each of the witnesses has seen the executant sign or affix his mark to the instrument. iii. Each of the witnesses has signed the instrument in the presence of the executant. - iv. More than one of such witnesses shall have been present at the same time. Choose the correct option:

    1. (A) Only ii and iv are correct.
    2. (B) Only i, ii and iii are correct.
    3. (C) Only i, ii and iv are correct.
    4. (D) Only i and iii are correct.

    Answer: (B) Only i, ii and iii are correct.

  6. Question 6 · Prelims

    Once a decree for judicial separation has been passed under the Hindu Marriage Act, 1955, the couple can:

    1. (A) never cohabit together.
    2. (B) live together after the court rescinds the decree.
    3. (C) can live together after remarriage.
    4. (D) can decide as per their choice.

    Answer: (B) live together after the court rescinds the decree.

  7. Question 7 · Prelims

    Where the former suit was dismissed because of the principle of res judicata will apply.

    1. (A) Want of jurisdiction
    2. (B) Non joinder of parties
    3. (C) Misjoinder of parties.
    4. (D) Relief claimed but not granted..

    Answer: (D) Relief claimed but not granted..

  8. Question 8 · Prelims

    Read the following statements with regard to computing period of limitation for an appeal or application: Statement I: The day from which such period is to be reckoned, shall be excluded. Statement II: The day on which the judgment complained was pronounced and the time requisite for obtaining a copy of the decree or order, shall be excluded. Choose the correct option:

    1. (A) Only Statement I is correct.
    2. (B) Only Statement II is correct
    3. (C) Both are correct.
    4. (D) Both are incorrect.

    Answer: (C) Both are correct.

  9. Question 9 · Prelims

    Which of the following is not correctly matched?

    1. (A) Order III: Recognised Agents and Pleaders
    2. (B) Order X: Examination of parties by Court -
    3. (C) Order XIII: Admissions
    4. (D) Order XV: Disposal of Suits at the First Hearing.

    Answer: (C) Order XIII: Admissions

  10. Question 10 · Prelims

    Which of the following is a leading case law on privileged communication between husband and wife?

    1. (A) Ram Bharose v. State of UP (1954)
    2. (B) RK Jain v Union of India (1993)
    3. (C) State of Maharashtra v CK Jain (1990)
    4. (D) Bhuboni Sahu v Emperor (1949)

    Answer: (A) Ram Bharose v. State of UP (1954)