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Judiciary Exams Exam  >  Judiciary Exams Tests  >  Himachal Pradesh Judicial Services Mock Test Series 2024  >  HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Judiciary Exams MCQ

HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Judiciary Exams MCQ


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30 Questions MCQ Test Himachal Pradesh Judicial Services Mock Test Series 2024 - HP Judicial Services (Prelims) Mock - 1 (Civil Law - II)

HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) for Judiciary Exams 2025 is part of Himachal Pradesh Judicial Services Mock Test Series 2024 preparation. The HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) questions and answers have been prepared according to the Judiciary Exams exam syllabus.The HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) MCQs are made for Judiciary Exams 2025 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) below.
Solutions of HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) questions in English are available as part of our Himachal Pradesh Judicial Services Mock Test Series 2024 for Judiciary Exams & HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) solutions in Hindi for Himachal Pradesh Judicial Services Mock Test Series 2024 course. Download more important topics, notes, lectures and mock test series for Judiciary Exams Exam by signing up for free. Attempt HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) | 50 questions in 60 minutes | Mock test for Judiciary Exams preparation | Free important questions MCQ to study Himachal Pradesh Judicial Services Mock Test Series 2024 for Judiciary Exams Exam | Download free PDF with solutions
HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 1
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If the promisor absolutely repudiates the contract prior to the promised date of performance, it is

Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 1
If the promisor (party who made the promise) repudiates the contract prior to the promised date of performance, it is known as an anticipatory breach. This type of breach occurs when the promisor clearly communicates to the promisee (party to whom the promise was made) that he will not fulfill his contractual obligations, or otherwise acts in a way that makes it clear that he does not intend to perform. An anticipatory breach gives the promisee the right to immediately terminate the contract and sue for damages without having to wait for the promised performance date. This is because the promisor's repudiation effectively frees the promisee from his contractual obligations, allowing him to seek other remedies.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 2
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All agreements are contracts

Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 2
Section 10 of the Indian Contract Act states, all agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void.
Essentials of a valid contract:
  • There must be two parties.
  • The agreement should be between the parties who are competent to contract.
  • There should be a lawful consideration.
  • The object of the agreement must be lawful.
  • There should be free consent between the parties.
  • The agreement must not be one that has been expressly declared to be void.
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HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 3
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The rights of a child in the womb at the time of the death of a Hindu intestate are provided under the Hindu Succession Act in

Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 3
Section 20 of the Hindu Succession Act states that a child who was in the womb at the time of death of an intestate and who is subsequently born alive has the same right to inherit to the intestate as if he or she had been born before the death of the intestate and the inheritance shall be deemed to vest in such a case with effect from the date of the death of the intestate.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 4
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Under Hindu Law, marriage is a
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 4
Under Hindu Law, marriage is a 'sacrament' (solemn pledge) and not a contract which can be entered into by execution of a marriage deed.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 5
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The period of limitation for a suit for possession of immovable property based on title is
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 5
The period of limitation for a suit for possession of immovable property based on title is twelve years. This period shall begin to run from the date when the possession of the defendant becomes adverse to the plaintiff. It is provided under Article 65 of the Limitation Act.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 6
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An application for setting aside an arbitral award must be made by the party after receiving the award within
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 6
An application for setting aside an arbitral award must be made by the party after receiving the award within thirty days. This period shall commence from the date of service of the notice of the filing of the award.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 7
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What is the consequence of a plaintiff filing a civil suit after the time limit specified in the Limitation Act?
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 7
The Limitation Act sets a time limit within which a plaintiff can file a civil suit. If the plaintiff files the suit after the expiration of the prescribed time limit, the suit becomes time barred. As per the law, the consequence of a plaintiff filing a civil suit after the time limit specified in the Limitation Act is that the suit is liable to be dismissed. This means that the court will not entertain the suit, and the plaintiff will not be able to proceed with his/her claim. The defendant in the case can raise the defence of limitation and request the court to dismiss the suit. If the court finds that the suit is indeed time barred, it will dismiss the suit, and the plaintiff will not be able to recover any compensation or relief.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 8
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'A' lets a house to 'B' for five years. 'B' under-lets the house to 'C' at a monthly rent of Rs. 100/-. The five years expire, but 'C' continues in possession of the house and pays the rent to A. What is the right of 'C'?
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 8

When 'B' sublets the house to 'C', a sub-tenancy agreement is created between 'B' and 'C' which is separate from the original lease between 'A' and 'B'. When the original lease period of five years expires, 'B's leasehold interest also terminates, but the sub-tenancy between 'B' and 'C' can continue. In this case, since 'C' continues to occupy the house and pays rent to 'A' after the expiry of the original lease period, 'C's leasehold interest is said to be renewed from month to month. This means that 'C' can continue to occupy the house as long as they pay rent and neither 'A' nor 'C' gives a proper notice to terminate the sub-tenancy agreement.
This is in accordance with the provision given under Section 116 of the Transfer of Property Act which expressly provides that if a lessee or under-lessee of property remains in possession thereof after the determination of the lease granted to the lessee, and the lessor or his legal representative accepts rent from the lessee or under-lessee, or otherwise assents to his continuing in possession, the lease is, in the absence of an agreement to the contrary, renewed from year to year, or from month to month.

HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 9
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The term 'building' under the Himachal Pradesh Urban Rent Control Act, 1987, does not include
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 9
Section 2(b) of the said Act states that 'building' means any building or part of a building let out for any purpose whether being actually used for that purpose or not, including any land, godowns, out-houses or furniture let out therewith, but does not include a room in a hotel, hostel of boarding house. Thus, the term 'building' under the Himachal Pradesh Urban Rent Control Act, 1987, does not include hotel.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 10
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The Rent Controller has been empowered to inflict penalty on the landlord, in case he is satisfied that the application for eviction was made by the landlord on frivolous or vexatious grounds
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 10
Section 14 (7) of The Himachal Pradesh Urban Rent Control Act, 1987 says that:
Where the Controller is satisfied that any application made by a landlord for the eviction of a tenant is frivolous or vexatious, the Controller may direct that compensation not exceeding five hundred rupees be paid by the such landlord to the tenant.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 11
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The case Brijendra Nath v. Harshvardhan, AIR 1988 SC 293 is related with H.P.U.R. Act
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 11

Section 14(2)(ii)(b) of the Act, 1987 says that a tenant can be evicted if he or she used the building or rented land for a purpose other than that for which it was leased.
However court in this case held that, in the light of the test laid down by this court in Om Prakash v. Amar Singh and another, AIR 1987 SC 617, it was clear that the construction of the balcony (Dochhatti), which was a wooden structure, did not amount to a material alteration which could give a cause of action to the respondents-landlord for filing a suit for eviction.

HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 12
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The communication of acceptance through telephone is regarded as complete when
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 12
In the context of communication of acceptance through telephone, it is considered complete when the party proposing the offer receives or becomes aware of the acceptance. This means that the acceptance must be successfully conveyed to the proposer, and he/she must have knowledge of it. Thus, the communication of acceptance is considered complete when it reaches the knowledge of the party proposing.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 13
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Liquidated damages are essentially the
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 13
Liquidated damages refer to the predetermined amount of compensation that parties agree upon in a contract, which will be payable if a breach of contract occurs. Thus, option 4 is the correct answer.
Liquidated damages are typically included in contracts to provide a reasonable estimate of the potential losses that may occur due to a specific breach. By agreeing to a predetermined amount, the parties can avoid the need to go through the process of proving actual damages in court, which can be time-consuming and uncertain. The purpose of liquidated damages is to provide certainty and predictability in case of a breach and to ensure that the non-breaching party receives fair compensation without having to establish the actual losses incurred.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 14
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A property worth Rs. 25,000 was agreed to be sold by "X" for Rs. 8,000. However, X's mother moves for setting aside the agreement on the proof that "X" is a congenital "idiot". In this context, which one of the following is correct?
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 14
The term "idiot" mentioned here refers to a person who is mentally incapable or lacks the mental capacity to understand the consequences of his/her actions. In legal terms, a person with such a condition is considered to be of unsound mind or mentally incompetent. Agreements made by individuals who are mentally incompetent or of unsound mind are void. This means that the person with legal authority, such as the mother in this case, can request the court to set aside or invalidate the agreement on the grounds of the "idiot's" mental incapacity.
Therefore, in this scenario, if X's mother can provide sufficient proof that X is indeed a congenital "idiot" or mentally incapable, the court is likely to rule in her favour and set aside the agreement. Thus, the correct statement is that the mother will succeed.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 15
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The provision for the maintenance of illegitimate children of a Hindu is contained in:
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 15
The provision for the maintenance of illegitimate children of a Hindu is contained in Section 20 of the Hindu Adoptions and Maintenance Act. It reads as:
(1) Subject to the provisions of this section, a Hindu is bound, during his or her lifetime, to maintain his or her legitimate or illegitimate children and his or her aged or infirm parents.
(2) A legitimate or illegitimate child may claim maintenance from his or her father or mother so long as the child is a minor.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 16
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The presumption that the younger survived the elder, under section 21 of the Hindu Succession Act, 1956, is a/an
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 16
Section 21 of the Hindu Succession Act states that where two persons have died in circumstances rendering it uncertain whether either of them, and if so which, survived the other, then for all purposes affecting succession to property, it shall be presumed that the younger survived the elder. The word 'shall' under Indian Evidence Act has been interpreted as rebuttable presumption of law.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 17
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Continuous running of time with reference to section 9 of the Limitation Act refers to
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 17
Section 9 of the Limitation Act provides for continuous running of time. This section is based on the principle that where once time has begun to run, no subsequent disability or inability to institute a suit or make an application stops it. In other words, any disability or inability that arises after the time has started will not have any effect on the running of the limitation period.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 18
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Choose the correct statements.
(i) The Law of Limitation bars the remedy in a court of law only when the period of limitation has expired.
(ii) The Law of Limitation does not extinguish the right that it cannot be enforced by judicial process.
(iii) If a claim is satisfied outside the court of law after the expiry of the period of limitation, that is not illegal.
(iv) If a claim is satisfied outside the court of law after the expiry of the period of limitation, that is illegal.
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 18

(i) The Law of Limitation bars the remedy in a court of law only when the period of limitation has expired. This means that if the prescribed time limit for initiating legal action has passed, the court may refuse to hear the case.
(ii) The Law of Limitation does not extinguish the right; it means that even if the right to a claim exists, it cannot be enforced through judicial process after the period of limitation has expired. The right still exists but cannot be pursued in court.
(iii) If a claim is satisfied outside the court of law after the expiry of the period of limitation, that is not illegal. This means that if the parties involved voluntarily settle or resolve the claim without involving the court system, it is a valid resolution even if the time limit has expired.
(iv) The statement that if a claim is satisfied outside the court of law after the expiry of the period of limitation, that is illegal, is incorrect. It is not illegal to satisfy a claim outside the court after the period of limitation; however, it may be difficult to enforce it through legal means if the parties do not voluntarily comply.
Therefore, option 1 is the correct answer.

HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 19
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The extension of a prescribed period in certain cases on sufficient cause being shown for the delay under Section 5 of the Limitation Act is known as the
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 19
The extension of a prescribed period in certain cases on sufficient cause being shown for the delay is known by different terms, including the doctrine of extension, the doctrine of condonation, and the doctrine of sufficient cause. These terms are often used interchangeably to refer to the concept that allows for an extension of the prescribed period under Section 5 of the Limitation Act when there is a valid reason or sufficient cause for the delay.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 20
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Sale of intangible property can be affected
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 20
Section 54 of the Transfer of Property Act says that sale, in the case of tangible immovable property of the value of one hundred rupees and upwards, or in the case of a reversion or other intangible thing, can be made only by a registered instrument.
In the case of tangible immovable property of a value less than one hundred rupees, transfer may be made either by a registered instrument or by delivery of the property.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 21
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In the event of death of a tenant, the right of tenancy devolves upon the
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 21
In the event of death of a tenant, the right of tenancy does not come to end but it devolves upon his successors. Legal representative simply means a legal counsel, advocate who represents a party in the court of law for a case; while successor means a person who takes charge of an organisation or a property after the prior leaves.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 22
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Who is competent to try the offences under the Himachal Pradesh Urban Rent Control Act?
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 22
According to Section 30(4) of the Himachal Pradesh Urban Rent Control Act, no court inferior to that of a magistrate of first class shall try any offence punishable under this Act.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 23
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Which of the following statements is correct in context of the Himachal Pradesh Rent Control Act, 1987?
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 23
According to Section 3 of the Himachal Pradesh Rent Control Act, 1987, the State Government may direct that all or any of the provisions of this Act shall not apply to any particular building or rented land or any class of buildings or rented lands. The section also states that the provisions of this Act shall not apply to any building or rented land owned by the Government.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 24
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The term ''building'' under the Himachal Pradesh Urban Rent Control Act, 1987, does not include:
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 24
According to Section 2(b) of the Himachal Pradesh Urban Rent Control Act, 1987, "building" means any building or part of a building let out for any purpose whether being actually used for that purpose or not, including any land, godowns, out-houses or furniture let out therewith, but does not include a room in a hotel, hostel or boarding house.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 25
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If both the parties to a contract believe in the existence of a subject which in fact does not exist, the agreement would be
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 25
When both parties to a contract believe in the existence of a subject matter that, in fact, does not exist, the agreement is considered void. In contract law, a void contract is one that is considered to have no legal effect from the beginning. It is as if the contract never existed, and neither party is bound by its terms.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 26
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For an account and a share of profits of a dissolved partnership, the period of limitation is __________ from the date of dissolution.
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 26
For an account and a share of profits of a dissolved partnership, the period of limitation is three years from the date of dissolution. It is given under article 5 of the Limitation Act.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 27
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Section 3 of the Limitation Act does not apply to
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 27
Section 3(1) of the Limitation Act states that subject to the provisions contained in sections 4 to 24 (inclusive), every suit instituted, appeal preferred, and application made after the prescribed period shall be dismissed, although limitation has not been set up as a defence. Thus, section 3 does not apply to executions.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 28
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Time barred debt can be claimed as
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 28
Time-barred debt refers to a debt for which the statute of limitations has expired. The statute of limitations sets a time limit within which a creditor can legally enforce a debt through legal action. Once the statute of limitations has expired, the creditor can no longer sue or take legal action to recover the debt. A time-barred debt cannot be claimed through set off, counterclaim, or a fresh suit. The creditor's legal rights to pursue the debt have expired due to the passage of time.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 29
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Which of the following may be transferred?
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 29
Section 6 in the Transfer of Property Act, 1882 states that:
Property of any kind may be transferred, except as otherwise provided by this Act or by any other law for the time being in force.
A mere right of re-entry for breach of a condition subsequent cannot be transferred except to the owner of the property.
Thus, option 3 is correct.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 30
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Section 4 of the H.P. Urban Rent Control Act, 1987 contains provisions relating to:
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 30
Section 4 of the H.P. Urban Rent Control Act, 1987 contains provisions relating to determination of fair rent. Clause 1 of the section states that the Controller shall, on application by the tenant or the landlord of a building or rented land, and after holding such enquiry as he may think fit, fix the standard rent for such a building or rented land on the basis of 10% of the aggregate cost of construction and the market price of the land comprised in the premises on the date of commencement of the construction. The standard rent so derived shall be increased by 10% from the year of construction to the present year to arrive at standard rent for the given year. However, in case of non-residential building, the standard rent shall be fixed on the basis of 15% of the aggregate cost of construction and the market price of the land comprised in the premises on the date of the construction.
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