Law : Solved Paper

Uttarakhand P.C.S. (J) (Pre.) Exam., 2009(Held on 7-3-2010)
PART–II
Law : Solved Paper

1. Under Section 30 of the Hindu Succession Act, 1956, a Hindu can dispose of his interest in a Mitakshara Coparcenary property by—
(A) Will
(B) Gift
(C) Sale
(D) None of the above
Ans : (A)

2. Presumption that the younger survived the elder under Section 21 of the Hindu Succession Act, 1956 is a—
(A) Presumption of fact
(B) Mixed presumption of fact and law
(C) Rebuttable presumption of law
(D) Irrebuttable presumption of law
Ans : (C)

3. Rule 2 under Section 10 of the Hindu Succession Act, 1956 is a—
(A) Per capita rule
(B) Per stirpes
(C) Per stirpes per capita rule
(D) Rule of exclusion
Ans : (A)

4. A decree may be executed by—
(A) Tehsildar
(B) Collector
(C) District Judge
(D) Either by the court which passed it or to which it is sent
Ans : (D)

5. On which of the following maxim the doctrine of ‘Res Judicata’ is based ?
(A) Qui facit per alium facit per se
(B) Ex turpi causa non oritur actio
(C) Respondent superior
(D) Interest republica ut sit finish litium
Ans : (D)


6. Right to lodge a ‘caveat’ has been provided under—
(A) Section 148 of the Code of Civil Procedure, 1908
(B) Section 148-A of the Code of Civil Procedure, 1908
(C) Section 148-B of the Code of Civil Procedure, 1908
(D) Section 147 of the Code of Civil Procedure, 1908
Ans : (B)

7. Arrest of a person in execution of a decree has been provided—
(A) Under Section 53 of the Code of Civil Procedure
(B) Under Section 54 of the Code of Civil Procedure
(C) Under Section 56 of the Code of Civil Procedure
(D) Under Section 55 of the Code of Civil Procedure
Ans : (D)

8. Under Order VI Rule 17 of the Code of Civil Procedure, the court can allow to alter or amend the proceedings to—
(A) Either party
(B) To plaintiff only
(C) To defendant only
(D) To only one defendant, if there are more than one defendant
Ans : (A)

9. Which of the following Sections of the Code of Civil Procedure defines the ‘Mesne Profit’ ?
(A) Section 2(4)
(B) Section 2(14)
(C) Section 2(6)
(D) Section 2(12)
Ans : (D)

10. Order 42 of the Code of Civil Procedure deals with—
(A) Appeal to Supreme Court
(B) Appeal by indigent person
(C) Appeal against orders
(D) Appeal from appellate decrees
Ans : (D)

11. Preliminary Decree can be passed in a suit—
(A) For partition
(B) For partnership
(C) For possession and mesne profit
(D) All of the above
Ans : (D)

12. Under Section 15 of the Code of Civil Procedure, every suit shall be instituted in—
(A) District Court
(B) The court of lower grade
(C) The court of higher grade
(D) All of the above
Ans : (B)

13. Pleading has been defined in—
(A) Order VI, Rule 1 of the Code of Civil Procedure
(B) Order VI, Rule 2 of the Code of Civil Procedure
(C) Order VIII, Rule 1 of the Code of Civil Procedure
(D) Order VIII, Rule 2 of the Code of Civil Procedure
Ans : (A)

14. Which Provision of the Code of Civil Procedure provides that one person may sue or defend on behalf of all in same interest ?
(A) Order 1, Rule 1
(B) Order 2, Rule 2
(C) Order 1, Rule 8
(D) Order 1, Rule 9
Ans : (C)

15. Which one of the following authorities is not entitled to try a case summarily under the Code of Criminal Procedure ?
(A) Chief Judicial Magistrate
(B) Metropolitan Magistrate
(C) Judicial Magistrate of the First Class
(D) 2nd Class Judicial Magistrate
Ans : (D)

16. Which one of the following Sections of the Code of Civil Procedure deals with ‘Revision’ ?
(A) Section 110
(B) Order VI, Rule 13
(C) Section 115
(D) Section 120
Ans : (C)

17. Which Section of the Code of Criminal Procedure provides a protection to the members of Armed Forces from arrest ?
(A) Section 41
(B) Section 45
(C) Section 46
(D) Section 50
Ans : (B)

18. In a summary trial the maximum period of imprisonment is—
(A) Not exceeding three months
(B) Not exceeding six months
(C) Not exceeding one year
(D) Not exceeding two years
Ans : (A)

19. Which of the following are liable under Section 125(1)(d) of the Code of Criminal Procedure for payment of maintenance to their parents, who are unable to maintain themselves ?
(A) Sons only
(B) Daughters only
(C) Sons and daughters both
(D) None of the above
Ans : (C)

20. Section 2(c) of the code of Criminal Procedure defines—
(A) Bailable offence
(B) Non-bailable offence
(C) Cognizable offence
(D) Non-cognizable offence
Ans : (C)

21. Who can tender pardon to accomplice under Section 306 of the Code of Criminal Procedure ?
(A) Chief Judicial Magistrate only
(B) Metropolitan Magistrate only
(C) Magistrate of the First Class only
(D) All of the above
Ans : (D)

22. The procedure of trials held before the Court of Sessions is provided in the Code of Criminal Procedure under—
(A) Sections 204 to 210
(B) Sections 220 to 224
(C) Sections 225 to 237
(D) Sections 238 to 245
Ans : (C)

23. On being submitted the sentence of death by Court of Sessions, the High Court may—
(A) Confirm the sentence
(B) Annul the conviction
(C) May pass any other sentence warranted by law
(D) All of the above
Ans : (D)

24. Section 2(h) of the Code of Criminal Procedure defines the term—
(A) Investigation
(B) Charge
(C) Inquiry
(D) Offence
Ans : (A)

25. Which ‘Section’ of the Code of Criminal Procedure provides for prosecution for offences against marriage ?
(A) Section 196
(B) Section 197
(C) Section 198
(D) None of the above
Ans : (C)

26. Which Section of the Code of Criminal Procedure provides that “no statement made by any person to a police officer if reduced to writing, be signed by the person making it” ?
(A) Section 161
(B) Section 162
(C) Section 163
(D) Section 164
Ans : (B)

27. A Chief Judicial Magistrate may pass a sentence of imprisonment—
(A) Not exceeding seven years
(B) Exceeding seven years
(C) For life
(D) None of the above
Ans : (A)

28. Which one of the following Sections of the Code of Criminal Procedure provides for anticipatory bail ?
(A) Section 436
(B) Section 438
(C) Section 439
(D) Section 437
Ans : (B)

29. In which of the following cases some important principles regarding the defence of unsoundness of mind were propounded ?
(A) Mc’Naughten Case
(B) R. V. Prince
(C) R. V. Dudley and Stephen
(D) Reg V. Govinda
Ans : (A)

30. Which one of the following Sections of the Indian Penal Code defines ‘affray’ ?
(A) Section 159
(B) Section 160
(C) Section 161
(D) Section 148
Ans : (A)

31. ‘A’ attempts to pick the pocket of ‘Z’ by thrusting his hand into ‘Z’s’ pocket. ‘A’ fails in his attempt as ‘Z’ had nothing in his pocket. What offence ‘A’ has committed ?
(A) Theft
(B) Attempt to commit theft
(C) Mischief
(D) No offence
Ans : (B)

32. Which one of the following provisions of the Indian Penal Code relates to vicarious liability ?
(A) Section 120A
(B) Section 121
(C) Section 154
(D) Section 159
Ans : (C)

33. Which one of the following cases is a case relating to Section 34 of the Indian Penal Code ?
(A) K. M. Nanavati Vs. State of Maharashtra
(B) Niharendu Dutta Vs. King Emperor
(C) Barendra Kumar Ghosh Vs. King Emperor
(D) Kedar Nath Vs. State of West Bengal
Ans : (C)

34. Which one of the following Provisions of the Indian Penal Code defiens ‘Unlawful Assembly’ ?
(A) Section 141
(B) Section 142
(C) Section 146
(D) Section 149
Ans : (A)

35. The maxim ‘Ignorantia facit excusat’ relates to—
(A) Section 75 of the Indian Penal Code
(B) Section 76 of the Indian Penal Code
(C) Section 77 of the Indian Penal Code
(D) None of the above
Ans : (B)

36. Which Provision of the Indian Penal Code says, “nothing is an offence which is done by accident” ?
(A) Section 79 of I.P.C.
(B) Section 78 of I.P.C.
(C) Section 80 of I.P.C.
(D) None of the above
Ans : (C)

37. Which one of the following Sections of the Indian Penal Code has been declared unconstitutional as violative of Articles 14 and 21 of the Constitution of India ?
(A) Section 301
(B) Section 303
(C) Section 306
(D) Section 314
Ans : (B)

38. Which one of the following Sections of the Indian Penal Code relates to punishment for abetment to commit suicide ?
(A) Section 306
(B) Section 307
(C) Section 308
(D) Section 309
Ans : (A)

39. Which one of the following cases is not correctly matched ?
(A) Mc’Naughten’s case—Section 84 of I.P.C.
(B) D.P.P. V. Beard—Section 84 of I.P.C.
(C) Basudeo V. State—Section 86 of I.P.C.
(D) Bhawoo Jiwaji V. Mooljee Dayal —Section 79 of I.P.C.
Ans : (B)

40. How many kinds of hurts are included under grevious hurt under Section 320 of the Indian Penal Code ?
(A) 5
(B) 6
(C) 7
(D) 8
Ans : (D)

41. Which one of the following Sections of the Indian Penal Code relates with punishment for cheating ?
(A) Section 415
(B) Section 417
(C) Section 416
(D) None of the above
Ans : (B)

42. Which Provision of the Indian Penal Code makes water pollution punishable ?
(A) Section 277
(B) Section 278
(C) Section 279
(D) Section 280
Ans : (A)

43. In which of the following offences under the Indian Penal Code, preparation of the offence is punishable ?
(A) Murder
(B) Dowry death
(C) Waging war against Government of India
(D) Theft
Ans : (C)

44. Adultery is an offence committed—
(A) With the consent of a married woman
(B) With the consent of a woman
(C) Without the consent of a woman but with the consent of her husband
(D) With the consent of a minor girl
Ans : (A)

45. How many exceptions have been provided for the offence of defamation under Section 499 of the Indian Penal Code ?
(A) 4
(B) 10
(C) 6
(D) 9
Ans : (B)

46. The case of S. Varadrajan Vs. State related to—
(A) Section 366-A of I.P.C.
(B) Section 364-A of I.P.C.
(C) Section 363 of I.P.C.
(D) None of the above
Ans : (C)

47. Which one of the following cases relates to right of private defence ?
(A) Jaidev Vs. State
(B) Ram Rattan Vs. State
(C) Guljar Singh Vs. State
(D) Rajesh Kumar Vs. Dharamveer
Ans : (A)

48. ‘A’ enters ‘Z’ house through a window. Here ‘A’ commits—
(A) Trespass
(B) House trespass
(C) House breaking
(D) All of the above
Ans : (C)

49. Which one of the following cases is not related to Mens rea ?
(A) R. Vs. Prince
(B) Queen Vs. Tolson
(C) Sherras Vs. De Rutzen
(D) Barendra Kumar Ghosh Vs. Emperor
Ans : (D)

50. Which Section of the Indian Penal Code deals with those conditions, when consent is said to be, not free consent ?
(A) Section 87
(B) Section 90
(C) Section 92
(D) Section 89
Ans : (B)

51. Point out incorrect response. The following are modes of abetment—
(A) Instigation
(B) Engaging in conspiracy
(C) Aiding
(D) None of the above
Ans : (D)

52. In which of the following cases the principles relating to the defence of intoxication were laid down ?
(A) Mc’ Naughten Case
(B) Director of Public Prosecution Vs. Beard
(C) R. Vs. Dudley and Stephen
(D) R. Vs. Prince
Ans : (B)

53. ‘A’ administers poisonous drug to a woman ‘B’ to cause miscarriage. It is found that ‘B’ was not pregnant. In this case—
(A) ‘A’ is not guilty of attempt to cause miscarriage
(B) ‘A’ is guilty of attempt to cause miscarriage
(C) ‘A’ is guilty of murder
(D) ‘A’ is guilty of no offence
Ans : (B)

54. Which is the secondary source of Muslim Law under the following ?
(A) Custom
(B) Ijmaa
(C) Qiyas
(D) None of the above
Ans : (A)

55. Which of the following modifies the application of Muslim Law ?
(A) Shariat Act, 1937
(B) Muslim Marriage Dissolution Act, 1939
(C) Muslim Woman (Protection of Rights on Divorce) Act, 1986
(D) All the above
Ans : (D)

56. Which of the following Muslim Laws applies in India ?
(A) Muslim Penal Law
(B) Muslim Law of Evidence
(C) Muslim Law of Sales of goods
(D) Muslim Women (Protection of Rights on Divorce) Act, 1986
Ans : (D)

57. Who applied Qiyas for the first time as source of Muslim Law ?
(A) Imam Abu Hanifa
(B) Imam Yusuf
(C) Imam Jafer
(D) Imam Ahmad
Ans : (A)

58. Under Muslim Law, marriage is—
(A) An institution legalising male and female conjugal relations
(B) A civil contract
(C) Sunnet
(D) All the above
Ans : (D)

59. Who can be a guardian in minor’s marriage in Sunni Law ?
(A) Mother in the presence of father
(B) Grand-mother in the presence of mother
(C) Maternal uncle in the presence of real uncle
(D) Father
Ans : (D)

60. Under the following which is absolute incapacity for marriage?
(A) Consanguinity
(B) Affinity
(C) Fosterage
(D) All the above
Ans : (D)

61. Which is a relative incapacity for marriage ?
(A) Marriage with wife’s sister when wife is alive
(B) Marriage with fifth woman in the presence of four wives
(C) Absence of required number of witnesses at the time of marriage
(D) All the above
Ans : (D)

62. Mahar-e-Misl determined on what ground ?
(A) Personal characteristics of wife such as age, extraordinary beauty
(B) Her father’s family social status
(C) Dower paid to women in her husband’s family
(D) All the above
Ans : (D)

63. What are the wife’s rights when husband does not pay the dower ?
(A) Refuse consummation
(B) File suit for recovery of dower
(C) Keep possession over dead husband’s property
(D) All the above
Ans : (D)

64. In the absence of mother, which of the following females has the first priority to have the custody of a Muslim child ?
(A) Father’s mother
(B) Mother’s mother
(C) Sisters
(D) Maternal aunt
Ans : (B)

65. A Muslim can marry any number of wives not exceeding four, if a Muslim marries a fifth wife such a marriage shall be—
(A) Valid
(B) Void
(C) Irregular
(D) Either (A) or (B)
Ans : (C)

66. In Sunni-te Law, the guardian of the minor’s property is—
(A) Mother
(B) Father
(C) Mother’s mother
(D) Father’s father
Ans : (B)

67. After divorce a Muslim woman—
(A) Can not remarry
(B) Can remarry immediately
(C) Can marry only after completion of ‘Iddat’ period
(D) None of the above
Ans : (C)

68. How many witnesses are necessary in Shia Muslim marriage ?
(A) Two males
(B) One male and two females
(C) No witness is required
(D) Both (A) and (B)
Ans : (C)

69. In Shia School of Muslim Law the amount of Mehar is—
(A) Not legally fixed
(B) 10 dirhams
(C) 100 dirhams
(D) 500 dirhams
Ans : (A)

70. Doctrine of ‘cy-pres’ is related with—
(A) Marriage
(B) Dower
(C) Gift
(D) Wakfs
Ans : (D)

71. The term ‘Musha’ under Muslim Law means—
(A) Divided property
(B) Joint property
(C) Separate property
(D) Undivided share in property
Ans : (D)

72. A Sunni Muslim performs marriage during the period of ‘Iddat’, the marriage is—
(A) Void
(B) Valid
(C) Irregular
(D) Voidable
Ans : (C)

73. A Muslim mother is entitled to the custody of her female child until she attains—
(A) The age of 7 years
(B) Puberty
(C) Age of 11 years
(D) Age of 15 years
Ans : (B)

74. Dissolution of Muslim marriage by agreement is known as—
(A) Talaq in ahsan
(B) Illa
(C) Zihar
(D) Khula
Ans : (D)

75. Which ‘Wasiyat’ is invalid in Muslim Law ?
(A) Wasiyat made in favour of religious school
(B) Wasiyat made to the killer of legator
(C) Wasiyat made for charity
(D) Wasiyat made to a nonmuslim
Ans : (B)

76. Which of the following is not a ground of divorce under the ‘Dissolution of Muslim Marriage Act’, 1939 ?
(A) Absence of husband for four years or more
(B) Imprisonment of husband for two years
(C) Failure of husband to maintain his wife
(D) Impotency of husband
Ans : (B)

77. Which of the following statement is not correct with regard to Muslim Law ?
(A) Nephew gets twice the share of niece
(B) Son gets twice the share of a daughter
(C) Brother gets twice the share of a sister
(D) Widower gets twice the share of a widow
Ans : (A)

78. What is right of ‘Pre-emption’ ?
(A) A right to seek eviction of tenant and get vacant possession
(B) A right to purchase property in preference to other person
(C) A right to presume adversely
(D) None of the above
Ans : (B)

79. Rule against perpetuity will not be applicable in—
(A) Perpetual transfer for gift
(B) Personal contracts
(C) Vested interest
(D) All of the above
Ans : (D)

80. Under the Provisions of Transfer of Property Act, the unborn child acquires vested interest—
(A) Upon his birth
(B) 7 days after his birth
(C) 12 days after his birth
(D) 18 years after his birth
Ans : (A)

81. Which one of the following Sections of the Transfer of Property Act defines “Transfer of Property” ?
(A) Section 3
(B) Section 4
(C) Section 5
(D) Section 6
Ans : (C)

82. Which one of the following sections of the Transfer of Property Act, defines ‘Notice’ ?
(A) Section 2
(B) Section 3
(C) Section 5
(D) Explanation II of Section 3
Ans : (B)

83. The Privy Council decision in Tilakdhari Lal V. Khedan Lal relates to—
(A) Section 3 of the Transfer of Property Act
(B) Section 41 of the Transfer of Property Act
(C) Section 107 of the Transfer of Property Act
(D) Section 122 of the Transfer of Property Act
Ans : (A)

84. Which one of the following is not correctly matched ?
(A) Oral transfer—Section 9 of the Transfer of Property Act
(B) Rule against perpetuity—Section 14 of the Transfer of Property Act
(C) Doctrine of election—Section 35 of the Transfer of Property Act
(D) Transfer by Ostensible Owner—Section 40 of the Transfer of Property Act
Ans : (D)

85. Which one of the following Provisions of the Transfer of Property Act relates to ‘usufructuary mortgage’ ?
(A) Section 58 (a)
(B) Section 58 (b)
(C) Section 58 (d)
(D) Section 58 (e)
Ans : (C)

86. Which one of the following cases does not pertain to the doctrine of ‘part performance’ ?
(A) Arrif Vs. Jadu Nath
(B) Prabodh Kumar Vs. Dantmara Tea Co.
(C) Sardar Govind Rao Mahadik Vs. Devi Sahai
(D) Ram Baran Prasad Vs. Ram Mohit Hazra
Ans : (D)

87. Which Provisions of the Transfer of Property Act defines ‘lease’ ?
(A) Section 105
(B) Section 106
(C) Section 107
(D) Section 108
Ans : (A)

88. The provision of fraudulent transfer is given in—
(A) Section 49 of the Transfer of Property Act, 1882
(B) Section 50 of the Transfer of Property Act, 1882
(C) Section 51 of the Transfer of Property Act, 1882
(D) Section 53 of the Transfer of Property Act, 1882
Ans : (D)

89. The gift of future property is—
(A) Void
(B) Voidable
(C) Valid
(D) Conditionally void
Ans : (A)

90. Which Section of the Transfer of Property Act, 1882 was amended in the year 2002 ?
(A) Section 106
(B) Section 100
(C) Section 108
(D) Section 110
Ans : (A)

91. The rule of lis pendens applies when—
(A) The suit or proceeding in which right to immovable property is indirectly in question
(B) A suit or proceeding in which right to immovable property is pending between two persons and one of them sells the property
(C) The suit or proceeding is pending in a court which does not have jurisdiction
(D) Litigation is not bonafide but collusive
Ans : (B)

92. Transfer of Property Act came into force on—
(A) July 01, 1882
(B) August 01, 1882
(C) September 01, 1882
(D) October 01, 1882
Ans : (A)

93. In the Transfer of property Act, immovable property does not include—
(A) Building
(B) Land
(C) Pond
(D) Standing timber
Ans : (D)

94. Which of the following properties cannot be transferred ?
(A) Share in copyright
(B) Interest in mortgaged property
(C) Right to future maintenance
(D) Immovable property
Ans : (C)

95. Which of the following sections of the Transfer of Property Act deals with “effect of holding over a lease” ?
(A) Section 114 A
(B0 Section 115
(C) Section 115 A
(D) Section 116
Ans : (D)

96. In which of the following conditions the lease can be terminated ?
(A) Efflux of time
(B) On termination of lessor’s interest or power
(C) On merger
(D) All the above
Ans : (D)

97. The doctrine of “lis pendens” is explained in famous case of —
(A) Bellamy Vs. Sabine
(B) Musahur Sahu Vs. Hakim Lal
(C) Muhammad Shafi Vs. Muhammad Sayed
(D) Tulk V. Moxhay
Ans : (A)

98. Transfer of a right to enjoy the immovable property for a certain time is—
(A) Mortgage
(B) Agreement to lease
(C) Licence
(D) Lease
Ans : (D)

99. In case of gift, the donee dies before acceptance, then—
(A) Gift is voidable
(B) Gift is valid
(C) Gift is void
(D) None of the above
Ans : (C)

100. The mortgagor’s right to redeem the mortgaged property accrues—
(A) At any time after the mortgage
(B) At any time after the mortgage money has become due
(C) At any time when the mortgagor wants
(D) At any time mortgagee demands the money
Ans : (B)

101. Which one of the following mortgages does not require writing and registration ?
(A) Usufructuary mortgage
(B) Simple mortgage
(C) English mortgage
(D) Mortgage by deposit of title deeds
Ans : (D)

102. Which of the following is included in the term ‘living person’ under Section 5 of the Transfer of Property Act ?
(A) A company
(B) An association
(C) Body of individuals
(D) All of the above
Ans : (D)

103. Section 11 of the Transfer of Property Act will be applicable only when the interest transferred in the property is—
(A) Limited
(B) Absolute
(C) Both (A) and (B)
(D) None of the above
Ans : (B)

104. Which statement is not correct ?
(A) Some facts are relevant but not admissible
(B) Some facts are admissible but not relevant
(C) All relevant facts are admissible
(D) All admissible facts are not relevant
Ans : (C)

105. Which Section of the Indian Evidence Act deals with “Doctrine of confirmation by subsequent facts” ?
(A) Section 27
(B) Section 115
(C) Section 102
(D) Section 165
Ans : (A)

106. Which Section of the Indian Evidence Act is not on ‘shifting of burden of proof’ ?
(A) Section 101
(B) Section 102
(C) Section 105
(D) Section 108
Ans : (A)

107. Which Section of the Indian Evidence Act is related with doctrine of ‘Res ipsa loquitor’ ?
(A) Section 102
(B) Section 104
(C) Section 106
(D) Section 108
Ans : (C)

108. Which one of the following Sections of the Indian Evidence Act provides for admissibility of secondary evidence ?
(A) Section 60
(B) Section 61
(C) Section 63
(D) Section 65
Ans : (D)

109. Which one of the following Sections of the Indian Evidence Act says “facts admitted need not be proved” ?
(A) Section 18
(B) Section 21
(C) Section 55
(D) Section 58
Ans : (D)

110. Section 113-B, ‘presumption as to dowry death’ was added to the Indian Evidence Act in—
(A) 1986
(B) 1983
(C) 1961
(D) 1962
Ans : (A)

111. Which one of the following is not correctly matched ?
(A) Child witness : Section 118
(B) Dumb witness : Section 120
(C) Hostile witness : Section 154
(D) Expert witness : Section 45
Ans : (B)

112. The illustration that, “A and B are jointly tried for the murder of C. It is proved that A said, ‘B and I murdered C’,” relates—
(A) Section 30 of the Indian Evidence Act
(B) Section 24 of the Indian Evidence Act
(C) Section 25 of the Indian Evidence Act
(D) Section 27 of the Indian Evidence Act
Ans : (A)

113. Identification parade is relevant under—
(A) Section 8 of the Indian Evidence Act
(B) Section 9 of the Indian Evidence Act
(C) Section 10 of the Indian Evidence Act
(D) Section 11 of the Indian Evidence Act
Ans : (B)

114. Which of the following Sections was amended by the Indian Technology Act, 2000 ?
(A) Section 6 of the Indian Evidence Act
(B) Section 17 of the Indian Evidence act
(C) Section 32 of the Indian Evidence Act
(D) Section 41 of the Indian Evidence Act
Ans : (B)

115. Section 113–A of the Indian Evidence Act was added in—
(A) Year 1982
(B) Year 1983
(C) Year 1988
(D) Year 1980
Ans : (B)

116. The Indian Evidence Act deals with—
(A) ‘presumptio juris’ only
(B) ‘presumptio huminis’ only
(C) Both (A) and (B)
(D) None of the above
Ans : (C)

117. Indian Evidence Act deals privilege—
(A) As a right only
(B) As a duty only
(C) As a right and duty both
(D) Neither as a right nor as a duty
Ans : (C)

118. Facts supporting or rebutting the opinion of the experts are relevant under—
(A) Section 45 of the Indian Evidence Act
(B) Section 46 of the Indian Evidence Act
(C) Section 50 of the Indian Evidence Act
(D) Section 51 of the Indian Evidence Act
Ans : (B)

119. Which one of the following cases does not relate to ‘dying declaration’ ?
(A) Queen Emperess V s . Abdullah
(B) Pakala Narayan Swamy Vs. King Emperor
(C) Zafar Vs. State of U.P.
(D) Ratangond Vs. State of Bihar
Ans : (C)

120. Case of Pakala Narayan Swami Vs. King Emperor is related with—
(A) Section 6 of the Indian Evidence Act
(B) Section 21(1) of the Indian Evidence Act
(C) Section 32(1) of the Indian Evidence Act
(D) Section 41 of the Indian Evidence Act
Ans : (C)

121. Who amongst the following is an expert under the Indian Evidence Act ?
(A) Hand-writing expert
(B) Finger print expert
(C) Ballistics expert
(D) All of the above
Ans : (D)

122. Under which Section of the Indian Evidence Act the principle of ‘Res Gestae’ is given ?
(A) Section 12
(B) Section 6
(C) Section 2
(D) Section 15
Ans : (B)

123. Under Section 17 of the Indian Evidence Act, the ‘admission’ is—
(A) Written only
(B) Oral only
(C) Both written or oral
(D) None of the above
Ans : (C)

124. Which of the following Sections of the Indian Evidence Act relates to accomplice ?
(A) Section 30
(B) Section 133
(C) Section 134
(D) Section 29
Ans : (B)

125. Under Section 122 of the Indian Evidence Act, ‘privilege’ is available to—
(A) Judges
(B) Advocates
(C) Magistrates
(D) Husband and Wife
Ans : (D)

126. In which of the following cases hearsay evidence is not admissible ?
(A) Statement of experts expressed in treaties, if the author is dead or cannot be found
(B) Where eye-witness told the facts to another person, statement of that person
(C) If the statement is of a deceased person, when it related to cause of his death
(D) If the statement is part of the transaction-in-issue
Ans : (B)

127. Which one of the following is not a document under the Indian Evidence Act ?
(A) An inscription on a stone of a building
(B) A photograph
(C) A printout of a message sent through mobile or computer
(D) A knife recovered by police from the possession of an accused and produced in the court
Ans : (D)

128. Which Section of the Indian Evidence Act provides that contents of the document must be proved by primary evidence ?
(A) Section 61
(B) Section 62
(C) Section 63
(D) Section 64
Ans : (D)

129. A Hindu couple having the decree of judicial separation wants to live together—
(A) They can live together
(B) They cannot live together
(C) They can live together after re-marriage
(D) They can live together only after the permission of the court
Ans : (A)

130. ‘A’, a Hindu male, having undivided interest in a Mitakshara Coparcenary property dies leaving behind two sons and one daughter. The daughter is entitled to the following share in the property—
(A) 1/3
(B) 1/4
(C) 1/9
(D) None of the above
Ans : (A)

131. Hindu law does not apply to a person who is a Hindu by—
(A) Birth
(B) Conversion
(C) Re-conversion
(D) None of the above
Ans : (D)

132. Who is a Hindu among following ?
(A) A legitimate child of Sikh male and Jain female
(B) An illegitimate child of Sikh male and Jain female
(C) An illegitimate child of Hindu male and Parsi female and who was brought up as a Hindu
(D) All of the above
Ans : (D)

133. ‘Dayabhaga’ is authored by—
(A) Vijnaneshwara
(B) Yagyavalkya
(C) Jimutavahana
(D) None of the above
Ans : (C)

134. Vijnaneshwara is a famous commentator of—
(A) Manu Smriti
(B) Narad Smriti
(C) Yagyavalkya Smriti
(D) None of the above
Ans : (C)

135. In regard to a Hindu marriage, ‘Sapinda relationship’ of any person is counted upto—
(A) Fifth generation in the line of ascent through father only
(B) Third generation in the line of ascent through mother only
(C) Both (A) and (B)
(D) None of the above
Ans : (C)

136. Pre-martial relation of a spouse is a statutory ground for—
(A) Judicial separation
(B) Divorce
(C) Nullity of marriage
(D) None of the above
Ans : (D)

137. A Hindu male of 28 years of age adopts a female child of 13 years of age. The adoption is—
(A) Valid
(B) Voidable
(C) Illegal
(D) Void
Ans : (D)

138. Order of succession under the Hindu Succession Act of a male Hindu dying intestate is as follows—
(A) Agnates, Cognates, Class I heirs, Class II heirs
(B) Cognates, Agnates, Class I heirs, Class II heirs
(C) Class I heirs, Class II heirs, Agnates, Cognates
(D) Class I heirs, Class II heirs, Cognates, Agnates
Ans : (C)

139. Provisions of Section 24 of the Hindu Marriage Act, 1955 corresponds to—
(A) Section 36 of the Special Marriage Act, 1954
(B) Section 36 of the Indian Divorce Act, 1869
(C) Both (A) and (B)
(D) None of the above
Ans : (C)

140. Consent theory of divorce was introduced in the Hindu Marriage Act, 1955 in the year—
(A) 1979
(B) 1976
(C) 1964
(D) 1956
Ans : (B)

141. “A person is not disqualified from succeeding to any property on the ground of any disease, defect or deformity” is provided under—
(A) Section 28 of the Hindu Succession Act, 1956
(B) Section 29 of the Hindu Succession Act, 1956
(C) Section 30 of the Hindu Succession Act, 1956
(D) None of the above
Ans : (A)

142. Which one of the following Sections of the Hindu Marriage Act, 1955 deals with “Restitution of Conjugal Rights” ?
(A) Section 5
(B) Section 9
(C) Section 10
(D) Section 11
Ans : (B)

143. If parties to a Hindu marriage are sapinda to each other, the marriage is—
(A) Void
(B) Voidable
(C) Valid
(D) None of the above
Ans : (A)

144. A Hindu married woman of 32 years of age adopts a male child of 8 years with the consent of her husband. The adoption is—
(A) Valid
(B) Not valid
(C) Voidable at the option of husband
(D) None of the above
Ans : (B)

145. A Hindu dies intestate leaving behind two sons, one daughter and widow. His property shall devolve to—
(A) Sons only
(B) Sons and daughter only
(C) Widow only
(D) Sons, daughter and widow all
Ans : (D)

146. Under Hindu Succession Act, 1956, who amongst the following is not in Class I heir ?
(A) Father
(B) Mother
(C) Son
(D) Daughter
Ans : (A)

147. Under Mitakshara School Coparcenary interest devolves by—
(A) Representation
(B) Survivorship
(C) Obstructed heritage
(D) Unobstructed heritage
Ans : (B)

148. Under the Hindu Adoption and Maintenance Act, 1956, which of the following is not entitled to adopt ?
(A) An unmarried person
(B) Husband with the consent of wife
(C) Wife who is divorced
(D) Husband without the consent of wife
Ans : (D)

149. Under which Section of the Hindu Marriage Act, 1955, the provision relating to registration of marriage is given ?
(A) Section 8
(B) Section 7
(C) Section 6
(D) Section 5
Ans : (A)

150. Under which Section of the Hindu Marriage Act, 1955, husband and wife may file a petition of divorce by mutual consent ?
(A) Section 13–A
(B) Section 13–B
(C) Section 14
(D) Section 9
Ans : (B)

 SOME IMPORTANT NOTES ON DIRECTIVE PRINCIPLES OF STATE POLICY

Firstly, some of the directive principles of State policy, which are related to distributive justice, moulded the property relations by influencing the interrelationship doctrine, both directly and indirectly.
Secondly, the interrelationship doctrine is very much influenced by Article 39A of the Constitution which provides for equal justice and free legal aid in the justice delivery system.
Thirdly, the directive principles of State shall strive to secure its citizens right to an adequate means of livelihood and make the effective provision for securing right to work.
Fourthly, the directive principle that ';tender age of children are not abused';, and that ';children are given opportunities and facilities to develop in a healthy manner and in a conditions of freedom and dignity that childhood and youth are protected against exploitation against moral and material abandonment'; [Article 39(f) have provided the spirit of law to the Apex Court.
Fifthly, the directive principle of ';Equal pay for equal work'; and ';participation of workers in management'; were received through right to equality under Article 14 in Part III, in various cases, such as Randhir Singh (AIR 1982 SC 469)and National Textile Workers Union case (AIR 1983 SC 75).
Sixthly, the directive principles relating to uniform civil code has the potentiality of using the interrelationship doctrine for its implementation.
Seventhly, the promotion of educational and economic interest of Scheduled Caste and Scheduled Tribe and other weaker section of the society, contemplated under Article 46 provides a guidance for affirmative actions under Article 15(4) and 16(4) and a pointer for resolving tension between formal and substantive equality by laying emphasis on infusing of strength and ability to compete, through eduction and training to weaker sectors (M.R. Balaji vs. State of Mysore – AIR 1963 SC 649).
Finally, the directive principle that the State shall endeavour to foster respect for international law and treaty obligations has a great potentiality of absorbing the international principles relating to guarantee as under of human rights, and thus influence the interrelationship doctrine.

The convictions are reflected:
(i) The impact of directive principles upon the interrelationship doctrine or vice-versa is not only theoretical but also practical and rewarding. Interrelationship doctrine has given impetus to, and got animated by the process of reading the directive principles into Part III of the Constitution.
(ii) It is true to say that the interrelationship doctrine has its roots in the very text of the constitution. This can be seen when the objects set in the Preamble, followed by Juxtaposing of right to equality with classification, the flexibility imbibed in fundamental rights, the spirit of law (operation of whole Part-III of the Constitution visa-vis the impugned law) rejection of compartmentalised treatment of fundamental rights and finally, the distinction between citizens and non-citizens with regard to availability of fundamental rights and the possibility of invoking a fundamental right to avail a suspended fundamental right during emergency are taken into account with a conscious approach of unity in diversity.
Former Chief Justice of India Shri M.N. Venkatachelaiah, said that professor Bhat examines the relationship of fundamental rights inter se and the jurisprudential and constitutional foundations of that interrelationship. The interrelationship is also a necessary implication of constitutionalism and Rule of Law. It was viewed that professor Bhat, in his elegant analysis, indicates the ';parallel streams'; and ‘cross-currents’ of fundamental rights and how these rights inform and enrich each other. This discourse has its familiar ring in the International Human Rights Regime, and the principles of their universality, indivibility and interdependence Fundamental Rights and DPSP.
When the tussle for primacy between fundamental rights and DPSP came up before the Supreme Court in the case of State of Madras v. Champakam Dorairajan (1951) SCR 525 first, the court said, “The directive principles have to conform to and run subsidiary to the chapter on fundamental rights.” Later, in the Fundamental Rights Case (referred to above), the majority opinions reflected the view that what is fundamental in the governance of the country cannot be less significant than what is significant in the life of the individual. Another judge constituting the majority in that case said: “In building up a just social order it is sometimes imperative that the fundamental rights should be subordinated to directive principles.” This view, that the fundamental rights and DPSP are complementary, “neither part being superior to the other,” has held the field since ( V.R.Krishna Iyer,J. in State of Kerala v. N. M.. Thomas (1976) 2 SCC 310 at para. 134, p. 367).
The DPSP have, through important constitutional amendments, become the benchmark to insulate legislation enacted to achieve social objectives, as enumerated in some of the DPSP, from attacks of invalidation by courts. This way, legislation for achieving agrarian reforms, and specifically for achieving the objectives of articles 39(b) and (c) of the Constitution, has been immunized from challenge as to its violation of the right to equality (art. 14) and freedoms of speech, expression, etc. (art. 19). However, even here the court has retained its power of judicial review to examine if, in fact, the legislation is intended to achieve the objective of articles 39(b) and (c), and where the legislation is an amendment to the Constitution, whether it violates the basic structure of the constitution. Likewise, courts have used DPSP to uphold the constitutional validity of statutes that apparently impose restrictions on the fundamental rights under article 19 (freedoms of speech, expression, association, residence, travel and to carry on a business, trade or profession), as long as they are stated to achieve the objective of the DPSP.
The DPSP are seen as aids to interpret the Constitution, and more specifically to provide the basis, scope and extent of the content of a fundamental right.
To quote again from the Fundamental Rights case:
Fundamental rights have themselves no fixed content; most of them are empty vessels into which each generation must pour its content in the light of its experience. Restrictions, abridgement, curtailment and even abrogation of these rights in circumstances not visualised by the constitution makers might become necessary; their claim to supremacy or priority is liable to be overborne at particular stages in the history ofthe nation by the moral claims embodied in Part IV ( Chandra Bhavan v. State of Mysore (1970) 2 SCR, note 1, SCC para. 1714, p. 881).
The Maneka Gandhi Case and Thereafter Simultaneously, the judiciary took upon itself the task of infusing into the constitutional provisions the spirit of social justice. This it did in a series of cases of which Maneka Gandhi v. Union of India (1978) 1 SCC 248 was a landmark. The case involved the refusal by the government to grant a passport to the petitioner, which thus restrained her liberty to travel. In answering the question whether this denial could be sustained without a predecisional hearing, the court proceeded to explain the scope and content of the right to life and liberty. In a departure from the earlier view, A.K.Gopalan v. State of Madras 1950 SCR 88 the court asserted the doctrine of substantive due process as integral to the chapter on fundamental rights and emanating from a collective understanding of the scheme underlying articles 14 (the right to equality), 19 (the freedoms) and 21 (the right to life). The power the court has to strike down legislation was thus broadened to include critical examination of the substantive due process element in statutes. Once the court took a broader view of the scope and content of the fundamental right to life and liberty, there was no looking back. Article 21 was interpreted to include a bundle of other incidental and integral rights, many of them in the nature of ESC rights. In Francis Coralie v. union territory of India(AIR 1978 SC 597) the court declared:
“The right to life includes the right to live with human dignity and all that goes with it, namely, the bare necessaries of life such as adequate nutrition, clothing and shelter and facilities for reading, writing and expressing oneself in diverse forms, freely moving about and mixing and comingling with fellow human beings. The magnitude and components of this right would depend upon the extent of economic development of the country, but it must, in any view of the matter, include the bare necessities of life and also the right to carry on such functions and activities as constitute the bare minimum expression of the human self.”
The combined effect of the expanded interpretation of the right to life and the use of PIL as a tool led the court into areas where there was a crying need for social justice. These were areas where there was a direct interaction between law and poverty, as in the case of bonded labor and child labor, and crime and poverty, as in the case of under trials in jails. In reading several of these concomitant rights of dignity, living conditions, health into the ambit of the right to life, the court overcame the difficulty of justiciability of these as economic and social rights, which were hitherto, in their manifestation as DPSP, considered nonenforceable. A brief look at how some of these ESC rights were dealt with by the court in four specific contexts will help understand the development of the law in this area.

SUPREME COURT IN 1973 IN KESAVANANDA BHARATI VS. STATE OF KERALA

As to what are these basic features, the debate still continues. The Supreme Court has also held that the scope of certain fundamental rights could be adjudged by reading into them or reading them not only in the light of the Directive Principles of State Policy but also international covenants or conventions which were in harmony with the Fundamental Rights.
The Fundamental Rights — embodied in Part III of the constitution — guarantee civil liberties such that all Indians can lead their lives in peace as citizens of India. The six fundamental rights are right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights and right to constitutional remedies. These include individual rights common to most liberal democracies, incorporated in the fundamental law of the land and are enforceable in a court of law. Violations of these rights result in punishments as prescribed in the Indian Penal Code, subject to discretion of the judiciary. These rights are neither absolute nor immune from constitutional amendments. They have been aimed at overturning the inequalities of pre-independence social practices. Specifically, they resulted in abolishment of untouchability and prohibit discrimination on the grounds of religion, race, caste, sex, or place of birth. They forbid human trafficking and unfree labour. They protect cultural and educational rights of ethnic and religious minorities by allowing them to preserve their languages and administer their own educational institutions.

All people, irrespective of race, religion, caste or sex, have the right to approach the High Courts or the Supreme Court for the enforcement of their fundamental rights. It is not necessary that the aggrieved party has to be the one to do so. In public interest, anyone can initiate litigation in the court on their behalf. This is known as "Public interest litigation". High Court and Supreme Court judges can also act on their own on the basis of media reports. Fundamental Rights primarily protect individuals from any arbitrary State actions, but some rights are enforceable against private individuals too. For instance, the constitution abolishes untouchability and prohibits begar. These provisions act as a check both on State action and actions of private individuals. Fundamental Rights are not absolute and are subject to reasonable restrictions as necessary for the protection of national interest.
In the Kesavananda Bharati vs. state of Kerala case, the Supreme Court ruled that all provisions of the constitution, including Fundamental Rights can be amended. However, the Parliament cannot alter the basic structure of the constitution like secularism, democracy, federalism, separation of powers. Often called the "Basic structure doctrine", this decision is widely regarded as an important part of Indian history.
In the 1978 Maneka Gandhi v. Union of India case, the Supreme Court extended the doctrine's importance as superior to any parliamentary legislation. According to the verdict, no act of parliament can be considered a law if it violated the basic structure of the constitution. This landmark guarantee of Fundamental Rights was regarded as a unique example of judicial independence in preserving the sanctity of Fundamental Rights. The Fundamental Rights can only be altered by a constitutional amendment, hence their inclusion is a check not only on the executive branch, but also on the Parliament and state legislatures. The imposition of a state of emergency may lead to a temporary suspension of the rights conferred by Article 19 (including freedoms of speech, assembly and movement, etc.) to preserve national security and public order. The President can, by order, suspend the right to constitutional remedies as well.

Theory of basic structure: a limitation on amending power

The validity of constitution (24th amendment) Act 1971, was challenged in keshvananda bharti vs. state of kerala (AIR 1973 SC 1461). This 13 judge bench decided that 24th amendment is valid and the power to amend the constitution is found in Art. 368 itself. Further the court recognized that there is a distinction between ordinary law and constitutional law. This could impliedly mean that Art.368 confers power to even abridge a fundamental right and to this extent, Golaknath case was overruled. But 7 of judges held that power of amendment under article 368 is subject to certain implied and inherent limitations and that in the exercise of amending the basic structure or frame-work of the constitution. So the majority was of the opinion that the amending power under article 368 is subject to the qualification that this amending power cannot be exercised to alter the basic structure of the framework of the constitution. Such as (1) Supremacy of the constitution. (2) Republican and democratic form of govt. (3) Secular character of constitution. (4) Separation of power. (5) Federal character of constitution


In Indira Gandhi vs. Raj Narain (AIR 1975 SC 2299), the sc referred to keshava nanda bharti case and accepted the doctrine of basic structure of frame work of constitution. The validity of thirty ninth amendment (1975) of the constitution was in question. This amendment excluded judicial review of election and law relating to elections. This amendment was held to be invalid by the SC.as it altered a basic feature of the constitution; the judicial review in election disputes.

To neutralise the affect of doctrine of the basic structure, the Govt. enacted the constitution (42ND Amendment) Act.1979 and added clauses (4) and (5) to art. 368 which provided for exclusion of judicial review of amendments of the constitution made before or after the 42nd Amendment. It also declared that there shall be no limitation on the amending power of the parliament under article 368. The court held that clause (4) and (5) of art. 368 are unconstitutional as it affects the basic structure of the constitution i.e. judicial review. However, there was difference of opinion on validity of amended article 31-C which gave primacy to all Directive principles over the fundamental rights. Although the minority declared void the amended article 31-C, justice Bhagwati (minority judgment) upheld it by giving a restrictive interpretation in terms of doctrine of basic structure.


In Minerva mills vs. union of India (air 1980 sc 1789) The SC by 4 to 1 majority struck down clauses (4) and (5) of article 368 inserted by the 42nd amendment as these clauses destroyed the essential features of the basic structure of the constitution. And held that the following are basic structure of the constitution:

1. limited power of parliament to amend the constitution;
2. harmony and balance between fundamental rights and directive principles;
3. fundamental rights in certain cases;
4. power of judicial review in certain cases;

Independence of judiciary is part of the basic structure.
In Woman Rao vs. Union of India (AIR 1881 SC 271) The supreme court held that all amendment to the constitution which were made before April 24th, 1973(i.e.. the date on which the judgment of Keshvananda Bharti was delivered )including those by which the ninth schedule to the constitution was amended from time to time were valid and constitutional.
In S.P. Sampat kumar vs. union of India (AIR 1987 SC 271), the Supreme Court upheld the validity of art. 323-A and the Act as the necessary changes suggested by the court were incorporated in the Administrative Tribunal Act.
In a landmark judgment in L.Chandra kumar vs. union of India (AIR 1997 SC 1125) a seven-member constitutional bench of the supreme court has unanimously while reconsidering the SAMPATH KUMAR'S CASE, has struck down clause 2(d) of articles 323A and clause 3(d) pf art. 323B which provided for the exclusion of the jurisdiction of the high courts under articles 226 and 227 and the Supreme Court under article 32 of the constitution as unconstitutional and invalid as they damage the power of judicial review which is the basic structure of the constitution.

Necessity of amending provision in the Constitution

It is made with a view to overcome the difficulties which may be encountered in the future in the working of the constitution.
The nature of amending "amending process" envisaged by the framers of our constitution can best be understood by referring the following observation of the late prime minister pt. Nehru, "while we want this constitution be as solid and permanent as we can make it, there is no permanence in the constitution. There should be certain flexibility. If you make anything rigid and permanent you stop the nation's growth, of a living vital, organic people…………. In any event, we could not make this constitution so rigid that it cannot be adopted to changing conditions. When the world is in a period of transition what we may do today may not be wholly applicable tomorrow" practically every constitution has some formal provisions for amendment of the constitution. In a rigid constitution amendment is more elaborate and difficult then enactment of ordinary legislation. In a flexible constitution, amendment can be effected rather easily, as easily as enacting an ordinary law.

The former procedure to amend some foreign federal constitutions as follows:

1. U.S.A.: In U.S.A., amendment of the constitution may be proposed only by congress, with the approval of 2/3 of majority of both houses (congress and senate), or a convention summoned on an application from 2/3 of the members of both houses. The proposed amendments must be ratified by at least ¾ of the total number of the state legislatures or by conventions in ¾ of the total numbers of the states.
   
   
2. SWITZERLAND: In Switzerland, no alteration of the constitution can be effected without resorting to a referendum.
   
   
3. AUSTRALIA: In Australia, the constitution can be altered only by an Act passed by an absolute majority in both houses, or in case one house refuses to pass it, by an Act passed by an absolute majority in either house, for the second time, after an interval of 3 months. But in either house the Act must be subjected to a referendum in each state. If in a majority of the states, a majority of the voters approve the amendment, it shall be presented to the governor general for the Royal assent. In INDIA the framers of the constitution devoted a separate chapter (20th ) towards the process and provisions of amendment of the provision of the constitution fall under 3 categories:
   (a) Those provisions of the constitution which can be effected by a simple majority required for the passing of an ordinary law:-the amendment contemplated in Articles 4,169,239(A) fall within this category. These articles are specially excluded from the area of Art. 368.
   
   (b) Those provision of the constitution that can be effected by a special majority as laid down in Art. 368: under this category the amendments are effected by a majority of total membership of either of each house of parliament as well as by a majority of not less than 2/3 of the members of that house present and voting.
   
   (c) Those provision of the constitution which require in addition to the special majority as described in 368(2), ratification by a resolution passed by not less than one half of the state legislature, before the bill is presented to president for his assent:-some of these provisions in which amendment can be made by aforesaid procedures are (1) the election and manner of election of the president(art. 54& 55), (2) extent of executive power of the state(art. 73), (3) provision dealing with high court for union territories (art. 241), (4) seventh schedule of the constitution. (5) Art. 368 itself.

The power to amend the constitution conferred on parliament includes the power to amend art. 1 and logically would include the power to cede national territory in favour of a foreign state. (In re berubari union)