HRY PRELIMS 2014 Set A
You'll attempt 10 questions with instant scoring and explanations at the end. (115 more in the full paper.)
Sample questions from HRY PRELIMS 2014 Set A
The first 10 questions of this Haryana Judiciary (HCS-JB) Prelims paper, with answers and explanations.
Q1. The cardinal principle of Criminal Law Nullum crimen nulla poena sine lege means
- A. No crime or punishment can exist without a pre-existing penal law
- B. A man is presumed to be innocent until proven guilty
- C. Ignorance of law is no excuse
- D. An act must be accompanied by a criminal intent to constitute an offence
Reveal answer
Answer: A — No crime or punishment can exist without a pre-existing penal law
'No crime and no punishment without a pre-existing penal law' is the basic maxim in continental European legal thinking.
Q2. The doctrine of Necessity has been elaborately considered in the landmark decision of
- A. R v. McNaghten (1843) 8 Eng Rep 718
- B. Basdev v. State of PEPSU AIR 1956 SC 488
- C. R v. Dudley and Stephens (1884) 14 QBD 273
- D. Bimbadar Pradhan v. State of Orissa AIR 1956 SC 469
Reveal answer
Answer: C — R v. Dudley and Stephens (1884) 14 QBD 273
This case elaborated the doctrine of necessity; Hari Singh Gour deduced the following principles: (i) self-preservation is not absolute necessity; (ii) no person has a right to take another's life to preserve his own; (iii) there is no necessity that justifies homicide.
Q3. In his will, Mr. Y wrote: 'I intend my property to be equally divided between my three children A, S and H.' A dishonestly scratched out the name of H, intending that it may be believed that the whole of the property was left to be divided between H and himself alone. A is guilty of
- A. Cheating
- B. Forgery
- C. Misappropriation
- D. Theft
Reveal answer
Answer: B — Forgery
This illustration is provided under Section 464 of the IPC, which deals with making a false document.
Q4. The general rules of succession in case of a female Hindu have been laid down in Section .......... of the Hindu Succession Act, 1956.
- A. 11
- B. 12
- C. 15
- D. 14
Reveal answer
Answer: C — 15
Section 15 of the Hindu Succession Act, 1956 lays down the preferential order: firstly, upon sons and daughters; secondly, upon heirs of the husband; thirdly, upon the mother or father; fourthly, upon the heirs of the father; fifthly, upon the heirs of the mother.
Q5. The limitation period for initiating action where no period of limitation is prescribed anywhere is
- A. Three years from the date on which the right to apply accrues
- B. One year from the date on which the right to apply accrues
- C. Anytime from the date on which the right to apply accrues
- D. None of the above
Reveal answer
Answer: A — Three years from the date on which the right to apply accrues
Under Articles 113 and 137 of the Limitation Act (for a suit and an application respectively), the limitation period is 3 years from when the right to apply accrues.
Q6. According to Article 227 of the Constitution, every High Court shall have ..................... over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction
- A. Supervision
- B. Superintendence
- C. Overview
- D. None of the above
Reveal answer
Answer: B — Superintendence
Article 227 of the Constitution vests every High Court with the power of superintendence over all courts and tribunals within its territorial jurisdiction.
Q7. According to Article 233 of the Constitution, a District Judge is appointed by the
- A. Chief Justice of the State High Court
- B. Governor of the State
- C. Chief Minister of the State
- D. None of the above
Reveal answer
Answer: B — Governor of the State
Under Article 233 of the Constitution, a District Judge is appointed by the Governor of the State in consultation with the respective High Court.
Q8. Courts have jurisdiction to try all suits of a civil nature except suits, the cognizance of which is either expressly or impliedly barred, by virtue of
- A. Section 7 of the CPC
- B. Section 8 of the CPC
- C. Section 9 of the CPC
- D. Section 6 of the CPC
Reveal answer
Answer: C — Section 9 of the CPC
Section 9 of the CPC provides that courts have jurisdiction to try all suits of a civil nature excepting suits of which cognizance is expressly or impliedly barred.
Q9. Constructive res judicata is contained in
- A. Explanation III to Section 11 of the CPC
- B. Explanation VI to Section 11 of the CPC
- C. Explanation VII to Section 11 of the CPC
- D. Explanation IV to Section 11 of the CPC
Reveal answer
Answer: D — Explanation IV to Section 11 of the CPC
Explanation IV to Section 11 of the CPC provides that any matter which might and ought to have been made a ground of defence or attack shall be deemed to have been a matter directly and substantially in issue in the suit.
Q10. The Court under Section 89(1) of the CPC can refer the dispute for
- A. Meditation or Lok Adalat
- B. Arbitration or conciliation
- C. Conciliation or mediation
- D. All of the above
Reveal answer
Answer: D — All of the above
Under Section 89 of the CPC, inserted in 1999, the Court can refer the dispute for arbitration, conciliation, Lok Adalat, or mediation.
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