Civil Judge previous exam solved paper

Online exam preparation practice of Jharkhand Civil Judge exam (Pre) 2008 solved question paper.

1. Which of the following pairs is not correctly matched ?
(A) Relevancy of statements as to law contained in law books
—Section 38, Evidence Act,
(B) Relevancy of statements in maps, charts, etc.
—Section 35 Evidence Act
(C) Relevancy of certain evidence for proving in subsequent proceedings the truth of facts therein stated
—Section 34, Evidence Act
(D) Relevancy of statement as to facts of public nature
—Section 37, Evidence Act
Ans : (C)

2. A contingent contract based on the specified uncertain event not happening within a fixed time—
(A) Can be enforced if the event does not happen within the fixed time
(B) Cannot be enforced at all, being void
(C) Can be enforced if before the expiry of fixed time, it becomes certain that such an event shall not happen
(D) Both (A) and (C)
Ans : (D)

3. Which of the following Magistrates have power to prohibit repetition or continuance of public nuisance ?
1. District Magistrate
2. Sub-Divisional Magistrate
3. Judicial Magistrate
4. Executive Magistrate duly empowered in this behalf
Codes :
(A) 1 and 4
(B) 2 and 3
(C) 1, 2 and 4
(D) 1, 2, 3 and 4
Ans : (C)

4.In which of the following cases the Supreme Court has upheld the validity of Section 51 of Code of Civil Procedure ?
(A) Xavier Vs. Bank of Canara
(B) The Visaka case
(C) Indian Gramophone Co. Vs. Birendra Bahadur Pandey
(D) Jolly George Verghese Vs. Bank of Cochin
Ans : (D)

5. Which one of the following suits is not of a civil nature ?
(A) Suits relating to rights to property
(B) Suits for rents
(C) Suits for recovery of voluntary payments or offerings
(D) Suits against dismissals from service
Ans : (C)

6. Which of the following is not a sufficient cause for granting adjournment ?
(A) Sickness of a party, his witness or his counsel
(B) Non-examination of a witness present in the court
(C) Non-service of summons
(D) Reasonable time for preparation of a case
Ans : (B)

7. Which of the following questions is not to be determined by an executing court ?
(A) Discharge of decree
(B) Execution of decree
(C) Modification of decree
(D) Satisfaction of decree
Ans : (C)

8. Match List–I with List–II and select the correct answer using the code given below the Lists—
List–I
(a) Set-off
(b) Mesne profit
(c) Indigent
(d) Subsistance allowance
List–II
1. Amount paid by the decreeholder for detention of the judgment-debtor in civil prison
2. Person allowed to file suit or appeal without court fee
3. Adjustment of defendant’s claim with the plaintiff’s claim
4. Gains from property by a person having wrongful possession
Codes :
(a) (b) (c) (d)
(A) 4 3 1 2
(B) 3 4 2 1
(C) 2 1 4 3
(D) 3 1 2 4
Ans : (B)

9. Which of the following pairs is/are correctly matched ?
(1) Right to file caveat —Section 148-A, C.P.C.
(2) Pauper suit —Section 33, C.P.C.
(3) Privileged document —Section 29, C.P.C.
(4) Powers of appellate court —Section 102, C.P.C.
Codes :
(A) 1 only
(B) 4 only
(C) 1 and 2
(D) 2, 3 and 4
Ans : (A)

10. Match List–I with List–II and select the correct answer using the code given below the Lists—
List–I
(a) Restitution afresh
(b) Next friend
(c) Legal representative
(d) Garnishees
List-II
1. Representative of a minor or a plaintiff of unsound mind in a civil suit
2. Person representing the estate of the deceased
3. Debtor of the judgmentdebtor liable for payment or delivery
4. Setting aside ex parte decree and rehearing the case
Codes :
(a) (b) (c) (d)
(A) 2 3 1 4
(B) 4 3 2 1
(C) 4 1 2 3
(D) 3 4 2 1
Ans : (C)

11. In execution of a decree for the maintenance, salary of a person can be attached to the extent of—
(A) One-fourth
(B) One-third
(C) Two-third
(D) One-half
Ans : (C)

12. Under Order XVIII, Rule 4(1) of C.P.C., the examination in chief of a witness shall be recorded—
(A) By the Judge
(B) By the Commissioner appointed by the court
(C) On affidavit
(D) All of the above
Ans : (C)

13. When a party is called upon by notice to admit facts by the other party, under Order XII, Rule 4 of C.P.C., the party on whom the notice has been served has to admit the facts within—
(A) 15 days of the service of notice
(B) 9 days of the service of notice
(C) 7 days of the service of notice
(D) 6 days of the service of notice
Ans : (D)

14. Where a plaintiff sues upon a document in his power or possession, he must produce it or a copy thereof—
(A) Along with the plaint
(B) At the time of giving of evidence
(C) At the time of framing of issues
(D) When ordered by the court
Ans : (A)

15. Voluntary amendment is provided for under—
(A) Order 6, R.7, C.P.C.
(B) Order 6, R.15, C.P.C.
(C) Order 6, R.17, C.P.C.
(D) Order 6, R.19, C.P.C.
Ans : (C)

16. Which of the following offences is triable summarily ?
(A) Theft where the value of the property stolen does not exceed Rs. 500
(B) Lurking house trespass
(C) Assisting in the concealment of stolen property of the value not exceeding Rs. 300
(D) Receiving or retaining stolen property under Section 411, I.P.C. when the value of the property does not exceed Rs. 250
Ans : All answers are correct

17. The period of limitation prescribed for taking cognizance of the offence punishable with imprisonment up to 3 years is—
(A) 1 year
(B) 2 year
(C) 3 years
(D) 4 years
Ans : (C)

18. In which of the following cases the constitutional validity of Section 433-A, Cr.P.C. was upheld ?
(A) Ashok Kumar Golu Vs. Union of India
(B) Babu Pahalwan Vs. State of MP
(C) Ramesh Vs. State of MP
(D) Karan Singh Vs. State of HP
Ans : (A)

19. Which of the following is an interlocutory order for the purposes of revisional powers of the High Court or a Sessions Court ?
(A) Orders summoning witnesses
(B) An order of bail granted by a Magistrate
(C) An order rejecting the plea of the accused on a point which when accepted, will conclude the particular proceeding
(D) Interlocutory orders which are without jurisdiction and nullities
Ans : (A)

20. A is only charged with theft and it appears that he committed the offence of criminal breach of trust. In this context, which one of the following is correct ?
(A) He may be acquitted
(B) He may be convicted only of theft
(C) He may be convicted of criminal breach of trust
(D) He may not be convicted of criminal breach of trust
Ans : (C)