# UPHJS 2016 prelims paper, solved

All 100 questions from the 2016 prelims paper of the Uttar Pradesh Higher Judicial Service examination, in the order they were set, each with its answer.

Canonical: https://unisonlegal.in/uphjs-exam-prep/prelims-paper/uphjs-2016

## The questions

### Question 1

Opinion of Expert is :
(a) a conclusive proof
(b) relevant
(c) supportive & corroborative
(d) both (b) and (c)

**Answer:** D

### Question 2

The main purpose of Fahien"s visit to India was to :
(a) study the administrative system of Gupta
(b) study Indian art and music rulers
(c) find out an easy land route for trade with
(d) visit Buddhist monasteries and record their history and condition

**Answer:** D

### Question 3

The movement experienced a new life after death.
(a) Renaissance
(b) Recovery
(c) Return
(d) Reconstruction

**Answer:** A

### Question 4

Whether Saptapadi is obligatory under section 7 of the Hindu Marriage Act?
(a) Yes
(b) No
(c) Depends
(d) None of the above

**Answer:** C

### Question 5

Petitions of the Supreme Court under Article 32 of Constitution are subject to the rule of Res Judicata except:
(a) Quo Warranto
(b) Habeas Corpus
(c) Certiorari
(d) Prohibition

**Answer:** B

### Question 6

When a counter proposal is accepted the contract arises—
(a) in term of original offer
(b) in terms of counter proposal
(c) in terms of provisional offer
(d) all of above

**Answer:** B

### Question 7

Mis-joinder of parties and causes of action in a suit is called :
(a) Multifariousness in a suit
(b) Double mis-joinder
(c) Both (a) and (b)
(d) Only (b)

**Answer:** A

### Question 8

Tamasha is a robust form of folk theatre in :
(a) Karnataka
(b) Gujarat
(c) Maharashtra
(d) Rajasthan

**Answer:** C

### Question 9

9. Which of the following is not an essential element of a decree :
(a) A formal expression of adjudication
(b) Conclusive determination of the rights of the parties
(c) An adjudication from which an appeal lies as an appeal from an order.
(d) The adjudication must have been given in a suit

**Answer:** C

### Question 10

ISRO"s Master control Facility is at Hasan in :
(a) Andhra Pradesh
(b) Odisha
(c) Gujarat
(d) Karnataka

**Answer:** D

### Question 11

Which of the following is the most important source of Muslim law :
(a) Qiyas (b) Ijmaa
(c) Sunnah (d) Quran

**Answer:** D

### Question 12

How many spokes are there in the Dharma Chakra of the National Flag?

(a) 22

(b) 24

(c) 14

(d) 18

**Answer:** B

### Question 13

Private alienation of property by the judgment-debtor after attachment under Section 64(1) of CPC is :
(a) Valid
(b) Voidable
(c) Void
(d) Irregular

**Answer:** C

### Question 14

Menu Card in hotel is—
(a) an offer
(b) an invitation to offer
(c) a proposal
(d) a promise

**Answer:** B

### Question 15

A corporation is "State" for the purpose of enforcement of fundamental rights if:
(a) it is a body registered according to law
(b) it is an agency or instrumentality of Government
(c) it has to report to Government
(d) the Government service rules are made applicable to its employees.

**Answer:** B

### Question 16

In a written statement, a defendant can claim :
(a) Set-off
(b) Counter-claim
(c) Both set-off and counter-claim
(d) Either (a) or (b)

**Answer:** C

### Question 17

What is carbon footprint?
(a) It is a market based approach for controlling pollution by providing economic incentives of pollutants.
(b) It refers to selling of carbon credits to customers.
(c) It is a certificate showing that a company or government has paid to have a certain amount of carbon dioxide removed from the environment.
(d) It is the total set of greenhouse gases emissions caused by an organisation or product or person.

**Answer:** D

### Question 18

The Legislative Council of a State should not exceed of the total number of members in the Legislative Assembly of that State :
(a) 1/2 (b) 1/3
(c) 1/4 (d) 1/5

**Answer:** B

### Question 19

"A" contracts to act at a theatre for six months in consideration of a sum paid in advance by B". On several occasions "A" is too ill to act.
(a) The contract to act on those occasions "A" is too ill to act
(b) The contract to act on those occasions becomes partly void
(c) The contract to act on those occasions becomes void
(d) None of these.

**Answer:** C

### Question 20

Under which of the following circumstance interest of a Bhumidhar with non-transferable right extinguishes :
(a) When he get converted himself to another religion
(b) When be becomes Sadhu
(c) When he has been deprived of the possession and his right to recover possession is barred by limitation
(d) None of the above.

**Answer:** C

### Question 21

21. Under which section of U.P. Panchayat Raj Act 1947 function of Bhumi Prabandhak Samiti has been provided :
(a) Section 28 A
(b) Section 26
(c) Section 28 C
(d) Section 28 B

**Answer:** D

### Question 22

Which of the following is not in the State List under the Constitution of India?
(a) Education
(b) Public health
(c) Betting and Gambling
(d) Agriculture

**Answer:** A

### Question 23

A agrees with B to discover treasure by magic.
(a) The agreement is not void
(b) The agreement is partly void
(c) The agreement is void
(d) None of these

**Answer:** C

### Question 24

The Vice Chairman of a development authority has power to stop the development, if the development has been commenced :
(a) In violation of Section 27 of the U.P. Urban Planning and Development Act, 1973
(b) In violation of Section 19 of U.P. Urban Planning and Development Act, 1973
(c) In violation of Section 14 of U.P. Urban Planning and Development Act, 1973
(d) None of the above.

**Answer:** C

### Question 25

The Government of India has established NITI Aayog to replace the •
(a) Human Rights Commission
(b) Finance Commission
(c) Law Commission
(d) Planning Commission

**Answer:** D

### Question 26

Which of the following is not a remedy for breach of contract :
(a) Damages
(b) Injunction
(c) Fine
(d) Specific performance

**Answer:** C

### Question 27

27. Which section of Chapter IV of U.P. Zamindari Abolition and Land Reforms Act, 1950 empowers the State Government to frame rules for carrying into effect of the provisions of Chapter IV :
(a) Section 69
(b) Section 71
(c) Section 72
(d) None of the above.

**Answer:** C

### Question 28

A agree to sell to B my white cow for Rs. 100 or Rs. 200. It is :
(a) a valid offer
(b) not a valid offer
(c) an uncertain offer
(d) both (b) and (c) are correct

**Answer:** C

### Question 29

What limitation is provided for initiating proceedings under Section 122 B of the U.P. Zamindari Abolition and Land Reforms Act, 1950:
(a) One Year
(b) Two years
(c) Three years
(d) No limitation

**Answer:** D

### Question 30

A citizen of India, who holds any office of profit or trust under the state cannot accept any title from any foreign State without the consent of the :
(a) President
(b) Prime Minister
(c) Speaker of the Lok Sabha
(d) Council of Ministers

**Answer:** A

### Question 31

What are gilt-edged securities?
(a) Securities issued by the Multinationals.
(b) Securities issued by the Government
(c) Securities issued by the Private Sectors
(d) Securities issued by the Joint Venture Companies.

**Answer:** B

### Question 32

Consider the following statements with regard to uberrima fides"".
1- It falls within a class of cases, which require utmost good faith.
2- Every contract is a contract uberrima tides.
3- Contract of insurance is an example of uberrima fides.
(a) 1,2 and 3 are correct.
(b) 1 and 3 are correct
(c) 2 and 3 are correct
(d) 1 and 2 are correct

**Answer:** B

### Question 33

An order passed under Section 27 of U.P. Panchayat Raj Act, 1947 is :
(a) Appealable
(b) Revisable
(c) Final
(d) None of the above

**Answer:** A

### Question 34

Who was the first Englishman to preside over a Congress session?
(a) A.Q Hume
(b) W. Wedderburn
(c) George Yule
(d) None

**Answer:** C

### Question 35

35. A person admitted as Bhumidhar with non-transferable right under Section 195 or 197 of U.P. Zamindari Abolition and Land Reforms Act, 1950, after delivery of possession of land, if dispossessed by any person, can get back the possession:
(a) By instituting a suit for ejectment and delivery of possession.
(b) By availing remedy under Section 198 (A) of U.P. Zamindari Abolition and Land
(c) By filing a representation before Collector
(d) None of the above.

**Answer:** B

### Question 36

Porus was defeated by Alexander at the Battle of...
(a) Buxar
(b) Herat
(c) Kabul
(d) Hydaspes

**Answer:** D

### Question 37

The Authority under the U.P. Urban Planning and Development Act, 1973 has power to levy betterment charges :
(a) Under Section 36 of the Act referred herein above.
(b) Under Section 31 of the Act, referred herein above.
(c) Under Section 35 of the Act, referred herein above.
(d) None of the above.

**Answer:** C

### Question 38

38. A disqualified person, elected as a Pradhan/Member of Gram Panchayat by concealing facts, can be removed :
(a) By filing election petition under Section 12 (c) of U.P. Panchayat Raj Act, 1947
(b) By initiating a proceeding under Section 95 (1) (g) of the U.P. Panchayat Raj Act, 1947
(c) By both (a) and (b)
(d) None of the above

**Answer:** B

section 95(1)(g) of the act

### Question 39

The election of any person as a member of a municipality may be questioned by election petition within :
(a) 7 days (b) 15 days
(c) 30 days (d) 45 days

**Answer:** C

### Question 40

40. Which of the following cannot be ground for filing a suit for eviction under Section 20 of U.P. Urban Building (Regulation of Letting, Rent 8c Eviction) Act, 1972 :
(a) tenant has caused substantial damage to the building
(b) tenant has not paid rent for a period of 3 months.
(c) tenant has been convicted for an offence of using the building for illegal purpose.
(d) tenant has allowed to occupy the building as a part of his contract of employment under the landlord and his employment has seized.

**Answer:** B

### Question 41

The area of holding allotted to a tenure holder shall not differ except with the permission of Director of Consolidation from the area of his original holding by more than :
(a) 10% (b) 20%
(c) 25% (d) 40%

**Answer:** C

### Question 42

A person having direct or indirect share or interest in a contract with, by or on behalf of municipality, other than as a municipal servant, shall be disqualified for being such a servant of municipality and :
(a) office of such municipal servant shall become vacant
(b) shall be deemed to have committed an offence
(c) both (ft) and (b)
(d) None of the above

**Answer:** C

### Question 43

Am application to restore amenities illegally withheld by the landlord would lie before :
(a) Rent Control and Eviction Officer
(b) District Magistrate
(c) Prescribed Authority
(d) District Judge.

**Answer:** C

### Question 44

In an consolidation scheme no tenure holder except with the permission of Deputy Director of Consolidation may be allotted more than :
(a) 5 Chaks
(b) 4 Chaks
(c) 3 Chaks
(d) 2 Chaks

**Answer:** C

### Question 45

A member of Municipality if absents himself at the meeting of Municiaplity for more than three consecutive months or three consecutive meetings, which ever is longer, without obtaining sanction from the Municipality, can be removed under Section 40 by the :
(a) Resolution passed by 2/3rd members of Municipality
(b) Prescribed Authority
(c) District Magistrate
(d) State Government

**Answer:** D

### Question 46

Tenant"s right to get water connection, electric connection and sanitary fittings installed in the building under his tenancy is subject to grant of permission by the following :
(a) Landlord
(b) Rent Control and Eviction Officer
(c) District Magistrate
(d) None of the above

**Answer:** D

right available to sub tenent as well

### Question 47

A petition for transfer of election petition in UP Municipalities Act 1916 would lie before :
(a) State Government
(b) Prescribed Authority
(c) Commissioner of the Division
(d) High Court, if transfer is to a different district and District Judge within the district.

**Answer:** D

### Question 48

A landlord is entitled to receive following additional payment over and above the amount of rent for admitting a tenant:
(a) Premium up to Rs. 1 lac
(b) Rent up to 3 months
(c) Any amount as premium equivalent to agreed rent
(d) No additional amount or premium other than agreed rent.

**Answer:** D

### Question 49

Name of the street falling within the limit of a municipality can be given or changed by:
(a) State Government
(b) Municipality by a resolution of 2/3rd members after approval by State Government
(c) Municipality with the prior approval of the Prescribed Authority
(d) Municipality upon direction of the Local Member of Parliament.

**Answer:** C

### Question 50

Authority competent to determine standard rent under U.P. Act No. 13 of 1972 or dispute in respect thereof is
(a) District Magistrate
(b) Rent Control and Eviction Officer
(c) Prescribed Authority
(d) District Judge.

**Answer:** A

### Question 51

A joint Hindu family consists of:
(a) all persons lineally descended from a common ancestor and their unmarried daughters.
(b) all persons lineally descended from a common ancestor.
(c) all persons lineally descended from a common ancestor including their wives but excluding their unmarried daughter.
(d) all persons lineally descended from a common ancestor including their wives and unmarried daughters.

**Answer:** D

### Question 52

Which of the following is a strong evidence (or test) of the partnership.
(a) Sharing of losses.
(b) Sharing of profits.
(c) Both (a) and (b)
(d) None of the above

**Answer:** B

### Question 53

Under which law, an old woman who had no more chance to become pregnant need not perform Iddat?
(a) Shafii
(b) Shia.
(c) Hanafi
(d) Hanbali

**Answer:** B

### Question 54

In case of conflict of jurisdiction of courts, the incidence of a contract shall be governed by the law of the place where the :
(a) Contract is made
(b) Contract is performed
(c) Acceptor resides
(d) Proposer resides.

**Answer:** A

### Question 55

"B" asked his friend "C" to drive his (B"s) car. "C" drives and causes an accident with another car of "D In an action brought by "D"
(a) B" alone is liable as *C" was acting under his direction.
(b) B" is not liable as "C" is not his servant.
(c) "C is not liable as he was driving the car at "B"s instructions.
(d) "B" and "C" both are liable by the rule of vicarious liability.

**Answer:** D

### Question 56

Vote on account means :
(a) Vote on the report of CAG
(b) Appropriating funds pending pasting of budget
(c) Passage of bills to meet unforeseen expenditure
(d) Bill for initiation of budget

**Answer:** B

### Question 57

Mark the Correct Statement in relation to Anti-Defection Law :
(a) The Speaker/Chairman is to decide questions of disqualification of a Member of Parliament but the decision is amenable to judicial review.
(b) When a nominated member joins a political party after 6 months he is not liable to be disqualified.
(c) An independent member can join a political party after election without incurring the risk of disqualification.
(d) None of the above

**Answer:** A

### Question 58

The law of torts is based on :
(a) Indian Penal Code
(b) Separate Statute.
(c) Judicial Decisions
(d) Civil Procedure Code.

**Answer:** C

### Question 59

What is not required in a gift?
(a) Donor and donee
(b) Consideration
(c) Movable or immovable property.
(d) Transfer and acceptance

**Answer:** B

### Question 60

The Doctrine of Part Performance cannot defeat the right of a :
(a) Transferee of value.
(b) Gratuitous transferee.
(c) Transferee for value if he has notice of the contract or of his part performance.
(d) Transferee for value and without notice of the previous contract or of its part performance.

**Answer:** D

### Question 61

The Indian Constitution has borrowed the ideas of Preamble from the :
(a) Italian Constitution
(b) Canadian Constitution
(c) French Constitution
(d) Constitution of USA

**Answer:** D

### Question 62

The Champaran (Bihar) Satyagrah was against?
(a) Tea Ranters
(b) Indigo Planters
(c) Coffee Planters
(d) Tobacco Products

**Answer:** B

### Question 63

In his work Kalidas exhibits a particular leaning towards the worship of:
(a) Vishnu
(b) Shiva
(c) Durga
(d) Ganesha

**Answer:** C

### Question 64

Sounds cannot travel through :
(a) Vacuum
(b) Hydrogen gas
(c) Water
(d) Steel

**Answer:** A

### Question 65

The number of Judges in the International Court of Justice is :
(a) 15
(b) 22
(c) 12
(d) 18

**Answer:** A

### Question 66

Muhammad-bin>Tughlaq is said to have shifted his capital to the Deccan in 1327. What was the name of this place?
(a) Daulatabad
(b) Kana
(c) Gulbarga
(d) Lakhnauti

**Answer:** A

### Question 67

Syam Basu is ------- bottom a good man :
(a) at (b) in
(c) out (d) about

**Answer:** A

### Question 68

A burnt child 
(a) Dreads the fire
(b) Does not care
(c) Runs away
(d) None of the above

**Answer:** A

### Question 69

Out of following which is the correct order of examination of witness.
(a) re-examination, examination in chief, cross examination
(b) cross examination, re-examination, examination in chief,
(c) examination in chief, cross examination re-examination
(d) cross-examination, examination in chief, re-examination.

**Answer:** C

### Question 70

70. Mark the correct statement:
(a) Article 20 (2) of the Constitution of India incorporates the principle of autrefois acquit and autrefois convict and is equivalent to the principle laid down in Section 300 of the Code of Criminal Procedure, 1973
(b) A person discharged under Section 258 of the Code of Criminal Procedure can be tried again for the same offence
(c) The composition of an offence under Section 320 of Cr. P.C. and withdrawal from prosecution under Section 321 of Cr. P.C. would not bar the trial of the accused on same facts in a subsequent case
(d) All of the above

**Answer:** D

### Question 71

71. Rejection of plaint is a :
(a) decree
(b) order
(c) both (a) and (b)
(d) neither (a) nor (b)

**Answer:** A

S. 2(2) CPC

### Question 72

"Encouraging a widow to commit sati is abatement to commit suicide."
The statement is:
(a) True
(b) False
(c) Partly correct .
(d) None of the above

**Answer:** A

### Question 73

An employer deducting the employees contribution under Employees Provident Fund & Maintenance Provision Act, from the wages payable for credit to the fund, but does not deposit the same with the Fund. He is
guilty of committing :
(a) Criminal misappropriation of property
(b) Criminal breach of trust
(c) theft
(d) cheating

**Answer:** B

### Question 74

74. Evidence may be given of:
(a) All facts
(b) Fact and facts in issue
(c) fact in issue and relevant facts
(d) Relevant facts but not of facts in issue

**Answer:** C

s. 1

### Question 75

The question of title is :
(a) relevant under Section 6 of the Specific Relief Act, 1963
(b) irrelevant under Section 6 of the Specific Relief Act 1963
(c) question of title is not a provision under Specific Relief Act, 1963
(d) None of the above.

**Answer:** B

### Question 76

No wife shall be entitled to receive maintenance from her husband under Section 125 Cr. P.C. if :
(a) she has obtained a divorce from her husband and has not re-married
(b) she is unable to maintain herself
(c) she refused to live with her husband on the ground that he keeps a mistress
(d) she is living in adultery

**Answer:** D

### Question 77

A decree for restitution of conjugal rights may be enforced :
(a) by attachment of property
(b) by injunction
(c) by detention in civil prison
(d) none of above

**Answer:** A

### Question 78

custodia legis means 
(a) Quorum of Judges
(b) In default
(c) Court"s custody
(d) Custody of Law

**Answer:** D

### Question 79

Secondary evidence includes—
(a) certified copies
(b) copies made from or compared with the original,
(c) copies made from the original by mechanical process and copies compared with such copies,
(d) all of above

**Answer:** D

### Question 80

Lure means to :
(a) kidnap
(b) abduct
(c) entice
(d) gift

**Answer:** C

### Question 81

The judgment delivered by a Court in cases of plea bargaining is :
(a) final
(b) appealable and appeal lies to the High Court
(c) final and no appeal except SLP under Article 136 and writ peition under Article 226 and 227 lies.
(d) appeal lies direedy to the Supreme Court.

**Answer:** C

### Question 82

Any person who was born during the continuance of a valid marriage between his mother and any man or within 280 days after its dissolution, the mother remaining unmarried shall be conclusive proof that he is the legitimate son of that man unless :
(a) it can be proved mother of the child is characterless
(b) it can be proved that marriage tie is not in existence
(c) it can be shown that the parties to the marriage had no access to each other at any time when he could have been be gotten
(d) both (a) and (b)

**Answer:** C

### Question 83

Where an immovable property of a person is made security for the payment of money to another and the transaction does not amount to a mortgage, is called :
(a) gift (b) charge
(c) exchange (d) lien

**Answer:** B

### Question 84

An agreement not enforceable by law is said to be :
(a) void
(b) voidable
(c) quasi-contract
(d) illegal

**Answer:** A

### Question 85

In order to present the petition for divorce by mutual consent under section 13B of the Hindu Marriage Act the parties must be living separately for a period of
(a) two years (b) one year
(c) three years (d) not limit

**Answer:** B

### Question 86

If any question arises as to the age of a Judge of a High Court, the question shall be decided by :
(a) Chief Justice of India after consulting the Governor of the State
(b) President after consulting the Chief Justice of High Court of concerned High Court
(c) Chief Justice of High Court concerned after consulting the Governor of | the state.
(d) President after consulting the Chief Justice of India.

**Answer:** D

### Question 87

A transfer of specific immovable property for securing the payment of money advanced or to be advanced by way of loan, and existing or future
debt is known as a : 
(a) Sale (b) Pledge
(c) Bailment (d) Mortgage

**Answer:** D

### Question 88

88. In every plaint facts shall be proved by :
(a) verification
(b) affidavit
(c) on oath
(d) all of above

**Answer:** B

s. 26(2): every plaint shall be proved by affidavit

### Question 89

89. All matters in dispute between the parties relating to the same transaction should be disposed of in the same suit. This is laid down in :
(a) Order II Rule 1
(b) Order II Rule 2
(c) Order II Rule 3 
(d) Order II Rule 4

**Answer:** A

### Question 90

"A" threatens to publish a defamatory libel concerning "Z" if he does not give him money. He thus induces "Z" to give money and as a result of which "Z" gives money to "A". In this case "A" has committed the offence of :
(a) Defamation
(b) Extortion
(c) Criminal intimidation
(d) Mischief

**Answer:** B

### Question 91

91. In which of the following case(s) a dishonest misappropriation has NOT been committed :

1- "A" takes a book from his friend B's library for reading it overnight. 'B' was not present when 'A' took the book. The next day while coming to return the book "A" was tempted to see a movie but had no money, so he pawned the book to pay for the ticket

2. "A" and "B" where joint owners of a horse. "A" took the horse to another station for his exclusive use without informing "B". "A" did not return the horse and when it grew old sold it and pocketed the money.

3. "A" found a purse on the road, he picked it up and kept it in his pocket.

(a) 1 and 2

(b) 2 and 3

(c) 3 alone

(d) 1,2 and 3

**Answer:** C

### Question 92

"A" is prosecuted for the murder of *B The prosecution adduces various evidence regarding "A" of his previous bad character. The evidence :
(a) is admissible against "A"
(b) is not admissible against "A"
(c) is relevant and admissible against "A"
(d) is not relevant but admissible against "A"

**Answer:** B

### Question 93

Injunction cannot be granted in a Suit:
(a) in which the specific performance cannot be enforced
(b) for breach of negative contract to enforce
(c) for declaration where the plaintiff is in possession
(d) none of the above.

**Answer:** A

### Question 94

Purusha-shukta is a part of:
(a) Rigveda
(b) Yoga-sutra
(c) Ramayana
(d) Bhagvadgita

**Answer:** A

### Question 95

A confession which is firstly made by accused but after sometime goes back and denies it is called :
(a) extra-judicial confession
(b) judicial confession
(c) retracted confession
(d) truncated confession

**Answer:** C

### Question 96

"A* has knocked down two teeth of "B In this case "A’ has committed :
(a) Mischief
(b) Hurt
(c) Grievious hurt
(d) Criminal intimidation

**Answer:** C

### Question 97

97. Where two or more courts have the jurisdiction, the jurisdiction of a civil court under Section 20 CPC :
(a) Can be excluded by a clear agreement between the parties.
(b) Cannot be excluded under any circumstance.
(c) Can be excluded by a Court"s order.
(d) None of the above.

**Answer:** A

### Question 98

The first Hun invasion took place during the reign of:
(a) Skandagupta
(b) Samudragupta
(c) Kanishka
(d) Yasodharman

**Answer:** D

### Question 99

He let the cat out of the bag at the end of the meeting.
(a) Revealed his real intention
(b) Told a falsehood
(c) Recounted stories of the past
(d) Issued an order

**Answer:** A

### Question 100

100. The improper admission or rejection of evidence shall not be a ground of :
(a) new trial
(b) reversal of any decision
(c) conviction of accused
(d) both (a) and (b)

**Answer:** D

Section 167. No new trial for improper admission or rejection of evidence.

The improper admission or rejection of evidence shall not be ground of itself for a new trial or reversal of any decision in any case, if it shall appear to the Court before which such objection is raised that,** independently of the evidence objected to and admitted, there was sufficient evidence to justify the decision**, or that, if the rejected evidence had been received, it ought not to have varied the decision.

## Elsewhere

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