# UPHJS 2018-II prelims paper, solved

All 100 questions from the 2018-II 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-2018-part-ii

## The questions

### Question 1

1. The Court, after the commencement of prosecution evidence, allows the Assistant Public Prosecutor to withdraw the prosecution. The accused shall be:
(a) released
(b) discharged
(c) acquitted 
(d) None of the above

**Answer:** C

### Question 2

Under section 428 of Code of Criminal Procedure, which of the following period of detention undergone by the accused shall be set-off against the sentence of imprisonment in a case : 
(a) period of detention undergone in default of payment of fine 
(b) period of detention undergone during investigation and trial of that case 
(c) period of detention undergone during investigation and trial of a similar case 
(d) all the above

**Answer:** B

### Question 3

Which of the following statement is not correct? 

(a) The non-examination of the doctor endorsing the dying declaration does 
not always affect the evidentiary value of the dying declaration 

(b) Non-signing of the dying declaration by a literate declarant unable to sign, 
does not render the veracity of dying declaration doubtful 

(c) When the relatives of the declarant are present during dying declaration, the dying declaration would not be relevant 

(d) The statements recorded in F.LR. may be treated as dying declaration

**Answer:** C

### Question 4

Under which of the following conditions, a leading question may be asked during examination-in-chief with the permission of the court? 

(a) In matters which are disputed or not introductory 

(b) When matter in question is sufficiently proved 

(c) Under both of the above conditions 

(d) Under none of the above conditions

**Answer:** B

### Question 5

Subject to contract between the partners, a firm is dissolved: 

(a) if constituted for a fixed term, by the expiry of that term 
(b) if constituted to carry out one or more adventures or undertakings, by the completion thereof 
(c) by the death of a partner 
(d) all the above

**Answer:** D

### Question 6

Finder of lost goods under Indian Contract Act, 1872 is a : 

 (a) bailor (b) surety 
 (c) bailee (d) none of the above

**Answer:** C

### Question 7

7. Which of the following is correct statement in so far as section 20 of the Code of Civil Procedure, 1908, is concerned? 

(a) the suit has to be instituted in the Court of the lowest grade competent to try it 

(b) The suit has to be instituted in the Court within the local limits of whose jurisdiction the defendant actually and voluntarily resides or carries on business 
or personally works for gain 

(c) The suit has to be instituted in the Court within the local limits of whose jurisdiction, the cause of action wholly or in part arises 

(d) All the above are correct

**Answer:** D

### Question 8

8. In which of the following cases, did the Supreme Court uphold the validity of the Code of Civil Procedure Amendment Acts of 1999 and 2002 ? 

(a) Delhi H.C. Bar Association v. UOI 
(b) Allahabad H.C. Bar Association v. UOI 
(c) Salem Advocate Bar Association v. UOI
(d) P & H H.C. Bar Association v. UOI

**Answer:** C

### Question 9

In which of the following mortgages, the mortgagor is required to deliver possession of the mortgaged property to the mortgagee ? 

(a) English mortgage (b) Mortgage by conditional sale 

(c) Usufructuary mortgage (d) Anomalous mortgage

**Answer:** C

### Question 10

Under section 11 of the Hindu Marriage Act, 1955, the marriage may be declared null and void if: 

(a) the parties are "within the degrees of prohibited relationship 

(b) at the time of the marriage, one of the parties was incapable of giving a valid consent to it in consequence of unsoundness of mind 

(c) at the time of the marriage, one of the parties was subject to recurrent attacks of insanity 

(d) in all the above circumstances

**Answer:** A

### Question 11

A Hindu wife is entitled to claim maintenance after the death of her husband from her father-in-law under: 

(a) Section 25 of the Hindu Marriage Act, 1955 
(b) Section 24 of the Hindu Marriage Act, 1955 
(c) Section 19 of the Hindu Adoptions and Maintenance Act, 1956 
(d) Section 10 of the Hindu Succession Act, 1956

**Answer:** C

### Question 12

Which of the following irregularities of a Magistrate, not empowered by law to do so, vitiates the proceedings? 

(a) To hold inquiry under section 176 Code of Criminal Procedure 

(b) To make over a case under sub-section (2) of Section 192 Code of Criminal 
Procedure 

(c) To take cognizance of an offence under clause (c) _of, sub-section (1) of 
Section 190 of the Code of Criminal Procedure 

(d) To tender pardon to accomplice under section 306 of "the Code of Criminal 
Procedure

**Answer:** C

### Question 13

Section 436-A of the Code of Criminal Procedure, 1973, provides for grant of bail to an accused pending trial if: 

(a) he has undergone detention for one-fourth period of imprisonment specified for the offence for which he is being tried 

(b) he has undergone detention for one-third period of imprisonment specified for the offence for which he is being tried 

(c) he has undergone detention for one-half period of imprisonment specified for the offence for which he is being tried 

(d) (a) and (b) above

**Answer:** C

### Question 14

Which of the following is not a document as per provisions of the Indian Evidence Act, 1872 ? 

(a) A map 
(b) Words lithographed 
(c) Inscription on a stone 
(d) A piece of metal with inscription that was used to cause fatal injury

**Answer:** D

### Question 15

As per provisions of Criminal Procedure Code, 1973, Court of Sessions, Judicial Magistrate of First Class, Metropolitan Magistrates and Executive Magistrates are class of : 

(a) Revenue Courts (b) Civil Courts 

(c) Administrative Courts (d) Criminal Courts

**Answer:** D

### Question 16

16. Whether a Court of Sessions has power to add any person for trial without 
there being a committal order against such person? 

(a) No 

(b) Yes 

(c) Depends upon fails of the case 

(d) On having permission from High Court

**Answer:** B

### Question 17

A is a furniture producer at Saharanpur. B carrries on business at Varanasi. B through his agent at Saharanpur, buys hundred chairs from A and requires A to deliver them to C at Saharanpur. B fails to pay the price of the chairs purchased. 

(a) A may file suit only at Saharanpur 
(b) A may file suit only at Varanasi 
(c) A may file suit either in Saharanpur or at Varanasi 
(d) A may file a civil suit at Lucknow being capital "of the Uttar Pradesh

**Answer:** C

### Question 18

A lets a premises to B at a yearly rent of Rs. 50,000/-. The rent for whole of the years 2014, 2015, 2016 and 2017 is due and unpaid. A sues B in 2018 only for the rent due for 2014 and 2015. 

(a) A by separate suit afterwards may sue B for the rent due for 2016 and 2017 
(b) A by separate suit cannot afterwards sue B for the rent due for 2016 and 2017 
(c) A by having leave from the Court sue B afterwards for the rent due for 2016 and 2017 
(d) A by consent of B may sue B afterwards for the rent due for 2016 and 2017

**Answer:** B

### Question 19

Which of the following wildlife sanctuaries is not situated in State of Uttar Pradesh ? 

(a) Nawabganj Bird Sanctuary 
(b) Kaimur Wildlife Sanctuary 
(c) Chandra Prabha Wildlife Sanctuary 
(d) Kumbhalgarh Wildlife Sanctuary

**Answer:** D

### Question 20

The special provisions to Finance Bills is provided under the Constitution of India in: 

 (a) Article 114 (b) Article 115 
 (c) Article 116 (d) Article 117

**Answer:** D

### Question 21

The oath is administered to the President of India by:

(a) Speaker of Lok Sabha

(b) Prime Minister of India

(b) Attorney General of India (d) Chief Justice of India

**Answer:** D

### Question 22

The Chairman and Members of the Union Public Service Commission are appointed by : 
(a) The Cabinet (b) The Chief Justice of India 
(c) The Prime Minister of India (d) The President of India

**Answer:** D

### Question 23

23. After death of a tenant, Hindu by religion, of a building covered by the Uttar Pradesh Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972, ·who in presence of other heirs will not inherit the tenancy : 
(a) Widow (b) Mother 
(c) Son (d) Father

**Answer:** D

### Question 24

Rent under the Uttar Pradesh Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 would, in the absence of any contract in writing to the contrary, include: 
(a) House Tax (b) Water Tax 
(c) Sewerage Tax (d) Electricity Charge

**Answer:** B

### Question 25

Which· is incorrect: Six months notice under the proviso to sub-section·(1) of Section 21 of the Uttar Pradesh Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 is : 
(a) Mandatory 
(b) Mandatory but could be waived by the tenant 
(c) Could be given before or after expiry of the period of three years of the purchase of the premises 
(d) Not required to be given if release application is filed after three years of purchase of the premises

**Answer:** D

### Question 26

Eviction order passed under Section 21 or 22 of the Uttar Pradesh Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 could be enforced through : 

(a) District Judge b) Rent Control and Eviction Officer 
(c) Prescribed Authority (d) Concerned Police Station

**Answer:** C

### Question 27

In case of bonafide dispute as regards the person entitled to receive rent, the tenant can deposit the rent under the Uttar Pradesh Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 before: 

(a) The Prescribed Authority having jurisdiction 
(b) The District Magistrate 
(c) The District Judge concerned 
(d) The Munsif having jurisdiction

**Answer:** D

### Question 28

Which provision of the Uttar Pradesh Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 applies only to land let out where the tenant has erected permanent structure and incurred expense with landlord"s consent? 

(a) Section 14 (b) Section 21 
(c) Section 20 (2) (d) Section 39

**Answer:** C

### Question 29

Which is incorrect: In a Development Area notified under the Uttar Pradesh Urban Planning and Development Act, 1973, the Development Authority has power to : 
(a) Prepare a master plan 
(b) Carry out amendment in the master plan 
(c) Change land uses or standards of population density 
(d) Direct painting of facade of private buildings

**Answer:** C

### Question 30

Completion Certificate, under the Uttar Pradesh Urban Planning and Development Act, 1973, if not granted or refused after service of statutory notice, is deemed to be granted after expiry of : 
(a) Sixty Days (b) Six Months 
(c) Three Months (d) One Month

**Answer:** C

### Question 31

Which is correct: An encroachment made on public land by a person belonging to weaker section after commencement of the Uttar Pradesh Urban Planning and Development (Amendment) Act, 1997 shall be : 
(a) Regularized on such terms and conditions as may be prescribed 
(b) Rehabilitated by allotting alternative land 
(c) Evicted like any other person 
(d) Subjected to penalty

**Answer:** B

### Question 32

Which of the following proceedings will not abate upon publication of notification under sub-section (2) of Section 4 of the Uttar Pradesh Consolidation of Holdings Act, 1953 ? 
(a) Proceeding for correction of revenue records 
(b) Suit for cancellation of sale deed of the land defined under Section 3 (5) before the Civil Court 

(c) Writ Petition pending before .High Court challenging the judgment of Board of Revenue passed in second appeal arising out of suit for partition under section 176 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 
(d) Suit for injunction in respect of agricultural land situated beyond the consolidation area

**Answer:** D

### Question 33

"Land" under the Uttar Pradesh Consolidation of Holdings Act, 1953 means land used NOT for: 
(a) agricultural (b) horticulture 
(c) house being part of holding (d) grove land

**Answer:** A

### Question 34

Which provision of the Uttar Pradesh Consolidation of Holdings Act, 1953 creates a bar on the jurisdiction of Civil and Revenue Courts to entertain claims with respect to rights which could or ought to have been agitated under the Act? 
 (a) Section 5 (2) (b) Section 9 
 (c) Section 49 (d) Section 52

**Answer:** C

### Question 35

Which Schedule enumerates the enactments which stand repealed by the Uttar Pradesh Municipalities Act, 1916 : 
(a) Schedule II (b) Schedule XIV
(c) Schedule VI (d) Schedule IX

**Answer:** D

### Question 36

An appeal against an assessment order under the Uttar Pradesh Municipalities Act, 1916 lies to the: 
(a) State Government (b) District Magistrate 
(c) Chief Judicial Magistrate (d) President of the Municipality

**Answer:** B

### Question 37

An election petition challenging election of Member of a Municipality under the Uttar Pradesh Municipalities Act, 1916 could be transferred for trial by : 
(a) State Government (b) High Court
(c) Commissioner of Region concerned (d) Could not be transferred

**Answer:** B

### Question 38

Election petition under the Uttar Pradesh Municipalities Act, 1916 is not maintainable at the instance of : 
(a) Unsuccessful Candidate
(b) 20 electors of the Municipality
(c) Person who claims that his nomination was improperly rejected
(d) Any single voter

**Answer:** D

### Question 39

The term of the Municipality is :
(a) 5 years from the date oath is taken
(b) 5 years from the date appointed for the first meeting 
(c) 5 years from the date of declaration of the election result
(d) 5 years from the date of publication of the result in the official gazette

**Answer:** B

### Question 40

If during hearing of an appeal relating to tax, under the Uttar Pradesh Municipalities Act, 1916, a question as to principle of assessment arises on which the officer hearing the appeal entertains reasonable doubt, which of the following course is open to him ?

(a) Forward the matter to the State Government for decision

(b) Refer the matter to the High Court for decision

(c) Seek assistance from the Board of Revenue on the question on which he entertains doubt and thereafter decide the same

(d) None of the above

**Answer:** B

### Question 41

Which is incorrect: A party to a civil case may appear before Nyay Panchayat: 

(a) in person (b) through servant 
(c) through partner (d) through lawyer

**Answer:** D

### Question 42

Which of these is not correct: Order of Nyay Panchayat under the Uttar Pradesh Panchayat Raj Act, 1947 is revisable by : 
(a) Judicial Magistrate (b) Munsif 
 (c) District Judge (d) Suo motu or on application by any party

**Answer:** C

### Question 43

Order of removal of Gram Pradhan passed by the State Government under the Uttar Pradesh Panchayat. Raj Act, 1947 can be challenged: 
(a) In appeal before the District Judge 
(b) By filing review application 
(c) By filing a writ petition before the High Court 
(d)" Before the Election Commissioner

**Answer:** C

### Question 44

44. Uttar Pradesh Revenue Code, 2006 does not repeal :
(a) Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 
(b) Uttar Pradesh Village Abadi Act, 1947 
(c) Uttar Pradesh Abatement of Rent Suits Act, 1938 
(d) Uttar Pradesh Tenancy Act, 1939

**Answer:** D

### Question 45

Which provision of the Uttar Pradesh Revenue Code, 2006 confers power upon the authorities to direct dispossession of persons in wrongful occupation of Gram Panchayat properties ? 
(a) Section 64 (b) Section 67 
(c) Section 69 (d) Section 122 (2)

**Answer:** B

### Question 46

46. Against which judgment under the Uttar Pradesh Revenue Code, 2006 second appeal does not lie to the Board: 
(a) Suit for ejectment under section 82(2)(c) 
(b) Suit for declaration under section 144 
(c) Suit by a government lessee under section 151(1) 
(d) Suit for injunction under section 133

**Answer:** D

### Question 47

Which is false: No appeal lies against any order or decree made under the Uttar Pradesh Revenue Code, 2006 : 
(a) rejecting an application for stay, 
(b) remanding the case to any subordinate court 
(c) where the order has been passed exparte or by default 
(d) order of the nature specified in Section 47 of the Code of Civil Procedure, 1908

**Answer:** D

### Question 48

An objection relating to material irregularity or mistake in publishing or conducting an auction sale could be filed under the Uttar Pradesh Revenue Code; 2006 before : 
(a) the Collector (b) the Commissioner 
(c) the Board of Revenue (d) the State Government

**Answer:** B

### Question 49

An application for cancellation of an allotment and lease made after the commencement of the Uttar Pradesh Revenue Code, 2006 could be made within: 
(a) 5 years (b) 7 years 
(c) 4 years (d) 3 years

**Answer:** A

### Question 50

Which of these is not correct: Under the Uttar Pradesh Revenue Code, 2006, a Bhumidhar with transferable rights: 
(a) may bequeath his interest by a Will 
(b) every Will has to be in writing 
(c) it has to be attested by two witnesses 
(d) the Will could be registered or an unregistered one

**Answer:** D

### Question 51

As per clause (3) of Article 166 of the Constitution of India, the Governor shall make: 
(a) Rules to regulate service conditions of civil servants 
(b) Rules to make necessary inquiry relating to conduct of the members of State Legislative Assembly 
(c) Rules for the more convenient transaction of the business of the State 
(d) None of the above

**Answer:** C

### Question 52

A commission to investigate the conditions of socially and educationally backward classes within the territory of India and the difficulties under which they labour and to make recommendations as to the steps that should be taken by the Union of India to remove such difficulties to improve their conditions can be made by the President of India as per: 
(a) Article 335 of the Constitution of India 
(b) Article 348 of the Constitution of India 
(c) Article 340 of the Constitution of India 
(d) Article 16 of the Constitution of India

**Answer:** C

### Question 53

Which one is the correct answer: 
(a) As per Article 332 of the Constitution of India, sea ts shall be reserved for the Scheduled Castes and Scheduled Tribes, except Scheduled Tribes in the autonomous districts of Assam in the Legislative Assembly of every State 
(b) As per Article 332 of the Constitution of India, seats shall be reserved for the Scheduled Castes and Scheduled Tribes in the Parliament 
(c) As per Article 332 of the Constitution of India, seats shall be reserved for the Panchayat Raj Institutions 
(d) All the above

**Answer:** A

### Question 54

No person shall be deprived of his property save by authority of law. It is: 
(a) Fundamental Right (b) Directive Principle of such policy 
(c) Constitutional Rights (d) All the above

**Answer:** C

### Question 55

VII th Schedule of the Constitution of India contains : 
(a) State list only 
(b) Union list only 
(c) Concurrent list only 
(d) State list, Union list and Concurrent list all

**Answer:** D

### Question 56

The correct number of High Courts in India is : 
(a) 24 (b) 25 
(c) 33 (d) 27

**Answer:** B

### Question 57

The First Chief Justice of Supreme Court of India was 
(a) Justice M. Patanjali Sastri (b) Justice Vivan Sundaram 
(c) Justice H.J. Kania (d) None of the above

**Answer:** C

### Question 58

The First Attorney General of India was: 
(a) M. C. Setalvad (b) Bhulabhai Desai 
 (c) Nanabhoy Palkhivala (d) None of the above

**Answer:** A

### Question 59

59. Who wrote the book Roses in December ? 
(a) Justice Hidayatullah (b) Justice M.C. Chagla 
(c) Justice Fathirna Beevi (d) Justice Kailash Nath Wanchoo

**Answer:** B

Summary Of The Book
Roses In December: An Autobiography, originally published in 1973, is the autobiography of Mahommedali Currim Chagla, who was the Chief Justice of the Bombay High Court from 1948 to 1958.

Roses In December: An Autobiography takes readers into the life of this great personality, while covering the unfolding of Indian history. The author was a member of the Muslim League, and was a follower of Jinnah. However, once he learnt that Jinnah wanted a separate country, Chagla decided to part ways. He founded the Muslim Nationalist Party in Bombay to continue working for India’s freedom. The book also brings to light the Emergency that was imposed by Indira Gandhi in 1975. Chagla gave a famous speech while inaugurating the All India Civil Liberties Conference in Ahmedabad, in which he opposed the Indian Emergency. Readers will also come across topics like Kashmir, the Parliament of India, Indian PMs and Presidents, and more.

This autobiography shares with readers some very personal anecdotes. The author’s original surname was not Chagla. In Roses In December: An Autobiography, he says that the surname that he was born with implied that he belonged to the merchant class. He asked his grandfather for a new name, who replied “Chagla”. Chagla, meaning favourite in Kutchi, was the author’s father’s nickname.

Roses In December: An Autobiography gives readers the opportunity to learn about a great Indian. It is certainly a must read for anyone who is a part of the legal system.

About M. C. Chagla
Mahommedali Currim Chagla, born in 1900, was an Indian lawyer, Cabinet Minister, diplomat, and the Chief Justice of the Bombay High Court.

Chagla studied at St. Xavier's High School and College in Bombay. In 1919, he joined Lincoln College, Oxford. The author graduated with a distinction in B.A. in the Honours School of Modern History in 1922. He then joined the Bar of the Bombay High Court. Chagla became a Professor of Constitutional Law at the Government Law College, Bombay in 1927. In 1941, he was appointed as a judge at the Bombay High Court. Seven years later, he became its Chief Justice, a position he held for ten years. In 1958, Chagla retired from the High Court, and became the Indian ambassador in USA. He was later appointed as the Indian High Commissioner in United Kingdom. He was India’s Education Minister, and also was the Minister for External Affairs. He passed away in 1981.

### Question 60

Dadasaheb Phalke was affiliated with: 
(a) Politics (b) Sports 
(c) Cinema (d) Literature

**Answer:** C

### Question 61

Which one of the following Hindi feature films is directed by the famous Bengali film director Sri Satyajit Ray: 
(a) Do Bigha Zamin (b) Arohan 
(c) Shatranj Ke Khilari (d) Aakrosh

**Answer:** C

### Question 62

The first indigenously made Hindi Cinecolor feature film is : 
(a) Anarkali (b) Raja Harishchandra 
(c) Kisan Kanya (d) Rattan

**Answer:** C

### Question 63

Shri Ranjitsingji behind whom the Indian Domestic Cricket Tournament (Ranji Trophy) is named was from the State of : 
(a) Rajasthan (b) Saurashtra 
(c) Madhya Pradesh (d) Maharashtra

**Answer:** B

### Question 64

The first Cricket Test Match Series against Australia in Australia was won by the Indian Cricket Team under the Captaincy of : 
(a) Sourav Ganguly (b) Sunil Gavaskar 
(c) Mohammad Azharuddin (d) Virat Kohli

**Answer:** D

### Question 65

The first Indian Woman Athlete who won gold medal in Asian Games? 
(a) Nirm:aljeet Bedi (b) Kitan Bedi 
(c) Kamaljeet Sandhu (d) P.T. Usha

**Answer:** C

### Question 66

66. The God of Small Things, a famous book is written by : 
(a) Jhumpa Lahiri (b) Arundhati Roy 
(c) Aruna Roy (d) Twinkle Khanna

**Answer:** B

The God of Small Things is the debut novel of Indian writer Arundhati Roy. It is a story about the childhood experiences of fraternal twins whose lives are destroyed by the "Love Laws" that lay down "who should be loved, and how. And how much."

### Question 67

Singer of the popular hindi song Nanha Munna Rahi Hoon, Desh Ka Sipah Hoon is: 
(a) Asha Bhosle (b) Geeta Dutt 
(c) Lata Mangeshkar (d) ShantiMathur

**Answer:** D

### Question 68

The height of Statue of Unity situated in District Narmada, Gujarat is : 
(a) 597 ft. (b) 482 ft. 
(c) 551 ft. (d) 587 ft.

**Answer:** A

### Question 69

69. Author of the famous book Before Memory Fades is : 
(a) Ram Jethmalani (b) FS. Nariman 
(c) Rohinton Fali Nariman (d) Anand Narain Mulla

**Answer:** B

Before Memory Fades is an autobiography of Fali S. Nariman who is a senior advocate in the Supreme Court of India. The book is a revelatory, perceptive and comprehensive biography. He started his career in 1950 as a lawyer at the Bombay High Court.

Summary of the Book

During his formative years Fali S. Nariman has had the opportunity to interact with several eminent judges and advocates. From here, he moves on to meet with a wide variety of important subjects like the sanctity of the Indian Constitution and the attempts to tamper with it, crucial cases that have had an impact on the nation, the interpretation of the law and the relationship between the political class and the judiciary. He was recognized for his track record and was nominated by the Government of India for the Rajya Sabha. He describes the highlights of his tenure there. Readers will find this information very useful and interesting.

### Question 70

Arthashashtra is a book written by : 
(a) Kautilya (b) Aryabhata 
 (c) Bhaskarachalya (d) Brahmbhatt

**Answer:** A

### Question 71

In which of the following cases, decriminalizing homosexuality the Supreme Court of India held that consensual sexual acts between adults cannot be a crime : 
(a) Sakshi v: Union of India 
(b) Naz Foundation (India) Trust v. Suresh Kumar Koushal 
(c) Navtej Singh Johar v. Union of India 
(d) Suresh Kumar Koushal v. Naz Foundation (India) Trust

**Answer:** C

### Question 72

The Supreme Court of India has laid down the law relating to Alternative Dispute Resolution process and section 89 of the Code of Civil Procedure in the case of : 
(a) Dinesh Kumar v: Yusuf Ali 
(b) Afcon Infrastracture Ltd. v. Cherian Varkey Construction Co. 
(c) Bimlesh v. New India Assurance Co. 
(d) Standard Chartered Bank v. V Noble Kumar

**Answer:** B

### Question 73

Under Order XXXII Rule 9 of the Code of Civil Procedure, a next friend of a minor can be removed: 
(a) if he ceases to reside in India during the pendency of the suit 
(b) where his interest becomes adverse to that of the minor 
(c) where he does not do his duty 
(d) for any of the above reasons

**Answer:** D

### Question 74

An agreement in restraint of the marriage of any person other than a minor is: 
(a) void (b) voidable 
(c) a contingent agreement (d) none of the above

**Answer:** A

### Question 75

The Rule of "res ipsa loquitur" is related to the tort of: 
(a) Negligence (b) False Imprisonment 
(c) Defamation (d) Malicious Prosecution

**Answer:** A

### Question 76

If a person is dispossessed without his consent of immovable property otherwise than in due course of law, he may file a suit to recover possession under section 6 of the Specific Relief Act within: 
(a) three months from the date of dispossession 
(b) six months from the date of dispossession 
(c) twelve months from the date of dispossession 
(d) three years from the date of dispossession

**Answer:** B

### Question 77

The prescribed period of limitation for preferring an appeal under section 28 of the Hindu Marriage Act is : 
(a) thirty days (b) sixty days 
(c) ninety days (d) one hundred & twenty days

**Answer:** C

### Question 78

Where the prescribed period of limitation for any application is expiring on a holiday, the application: 
(a) should be made a day prior to holiday 
(b) may be made on the day when the Court re-opens 
(c) may be made within thirty days of re-opening of the Court 
(d) may be made on any day after the Court re-opens

**Answer:** B

### Question 79

A sues B for negligence in providing him with a carriage for hire not reasonably fit for use, where by A was injured. The fact that B was habitually negligent about the carriages which he let to hire is : 
(a) relevant (b) irrelevant 
(c) neither relevant nor irrelevant (d) relevant as well as irrelevant

**Answer:** B

### Question 80

The doctrine of estoppel means --
(a) not to make statement in consonance to the earlier statement 
(b) restriction to make statement contrary to the earlier statement/ admission 
(c) res judicata 
(d) vague statement

**Answer:** B

### Question 81

An accused in police custody, informs to the Station House Officer that the key by which he opened the safe and committed theft is kept by him in the patio of his house. 
To what extent this information can be proved? 
(a) for committing an offence of theft 
(b) for opening lock of safe 
(c) for committing theft by opening safe and destroying evidence 
(d) for keeping the key in patio of house

**Answer:** D

### Question 82

In a trial, while explaining any circumstances appearing in evidence against him, an accused of committing murder states that due to grave and sudden provocation he was deprived of the power of self-control and thus, gave a single lathi blow to A, causing his death.
The burden to prove grave and sudden provocation is on:
(a) The Prosecution (b) The Investigating Agency
(c) The Court (d) The Accused

**Answer:** D

### Question 83

During the course of trial of a rape case, a person present in Court causes a knife injury to another person before the Court. The Judge before whom the incident took place : 
(a) . may not be called in evidence 
(b) may be called in evidence only under special order of a higher Court 
(c) may be examined as a witness 
(d) may be called in evidence, only if the trial of that incident is going on 
 before a higher Court

**Answer:** C

### Question 84

For the purpose of the Code of Criminal Procedure, 1973, who from amongst the following, may determine the language of each Court in the State other than the High Court? 

(a) The High Court of the State 
(b) The Supreme Court of India 
(c) The State Government 
(d) The Legislative Assembly of the State

**Answer:** C

### Question 85

The offence affecting the socio-economic condition of the country, to which plea bargaining is not applicable, shall be notified by : 
(a) The State Government 
(b) The Scheduled Castes/Scheduled Tribes Commission 
(c) The Human Rights Commission 
(d) The Central Government

**Answer:** D

### Question 86

In a criminal trial, without producing the Chemical Examiner to the Government, the report given by him upon a thing duly submitted for analysis in the course of any proceeding under the Code of Criminal Procedure: 
(a) cannot be used as evidence 
(b) can be used as evidence only in summons cases 
(c) can be used as evidence 
(d) can be used only to refresh memory of the investigating officer coming in evidence.

**Answer:** C

### Question 87

In cases tried by the Court of Sessions or a Chief Judicial Magistrate, the Court or such Magistrate, as the case may be, "shall forward a copy of its or his finding and sentence, if any, to : 
(a) The Superintendent of Police in the area of whom the crime concerned was committed 
(b) The Police Station that conducted the investigation of the crime concerned 
(c) The High Court to which the trial Court is subordinate 
(d) The District Magistrate within whose local jurisdiction the trial is held

**Answer:** D

### Question 88

A statement under Section 164 of the Code of Criminal Procedure may be recorded by : 
(a) An Executive Magistrate 
(b) A Police Officer 
(c) A Judicial Magistrate or a Metropolitan Magistrate 
(d) All the officers named above

**Answer:** C

### Question 89

The term unlawful assembly means--
(a) An assembly of five or more persons 
(b) An assembly of five or more persons armed with lethal weapons 
(c) An assembly of five or more persons with a common object of doing a crime 
(d) An assembly of minimum two persons having common intention to commit a crime

**Answer:** C

### Question 90

90. In Indian Penal Code, the pronoun "he" and its derivatives are used for: 
(a) Male 
(b) Female 
(c) Any person whether male or female 
(d) Such words are not used in the Code

**Answer:** C

### Question 91

Mens rea has no place while determining penal liability under section 138 of the Negotiable Instruments Act, 1881. This statement is : 
(a) Correct (b) wrong 
(c) Partly correct (d) Depends upon facts of the case

**Answer:** A

### Question 92

Specific performance of any contract may be ordered where :. 
(a) There exists no standard for ascertaining actual damage by non-performance of the act to be done 
(b) Compensation in money is adequate relief 
(c) The performance of the contract involves performance of "continuous duty which the Court cannot supervise 
(d) The contract is by its nature determinable

**Answer:** A

### Question 93

A partnership firm is : 
(a) A distinct legal entity from its partners 
(b) An independent juristic person 
(c) An agent of its partners 
(d) none of the above

**Answer:** D

### Question 94

In view of section 105 of the Transfer of Property Act, 1882 a lease of immovable property is a transfer of : 
(a) a right to enjoy such property in consideration of a price paid or promised or of money, a share of crops, service or any other thing of value 
(b) an interest in specific immovable property for securing the payment of money advanced 
(c) ownership in consideration of price paid or promised 
(d) certain immovable property, made voluntarily and without consideration

**Answer:** A

### Question 95

Which Article of the Constitution of India provides that the law declared by the Supreme Court of India shall be binding on all courts within the territory of India? 
(a) Article 141 (b) Article 139-A 
(c) Article 140 (d) Article 142

**Answer:** A

### Question 96

96. The Commissioner appointed under the provisions of Order XVIII of the Code of Civil Procedure for the purposes of recording of evidence cannot : 
(a) re-examine a witness 
(b) decide objections raised during the recording of evidence 
(c) None of the above 
(d) Both (a) and (b)

**Answer:** D

### Question 97

Dominant heritages under the Easements Act, 1882 means : 
(a) the land for the beneficial enjoyment of which the right exists 
(b) the land on which the liability is imposed 
(c) Both (a) and (b) 
(d) Neither (a) nor (b)

**Answer:** A

### Question 98

Whether a valid adoption under the Hindu Adoption and Maintenance Act, 1956, can be cancelled by the adoptive father or mother or any other person? 
(a) Yes (b) No 
(c) Only by adoptive mother (d) None of the above

**Answer:** B

### Question 99

A, a public servant, having charge of translation of a document, makes an incorrect translation of a document with an intent to cause injury to B. The offence committed by A is : 

(a) Non-cognizable (b) Non-bailable 
(c) Non-compoundable (d) All the above

**Answer:** C

### Question 100

Which of the following case upheld the constitutionality of Sections 499 and 500" of the Indian Penal Code? 
(a) Subramanian Swamy v. Union of India, Ministry of Law and others, 2016 (2) MLJ (Crl) 542 
(b) Jacob Mathew v. State of Punjab and another, (2005) 6 SCC 1 
(c) Brij Bhushan v. State of Delhi, AIR 1952 SC 329 
(d) Manoj Narula v. Union 0 India, (2014) 9 SCC 1

**Answer:** A

## Elsewhere

- [Every UPHJS paper held](https://unisonlegal.in/uphjs-exam-prep)