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


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30 Questions MCQ Test - 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 Judiciary Exams 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.
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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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To create an agency,

Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 3
The general rule of law is "no consideration, no contract", i.e. in the absence of consideration, there will be no contract. However, the law recognises exceptions to the rule of consideration. Under Section 185 of the Indian Contract Act, no consideration is necessary to create an agency.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 4
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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 4
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 5
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A married male can adopt:
(I) Only with his wife's consent
(II) Only with his wife's consent, when she is living with him
(III) If he has more than one wife, with consent of all the wives
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 5

According to Section 7 of the Hindu Adoptions and Maintenance Act, any male Hindu who is of sound mind and is not a minor has the capacity to take a son or a daughter in adoption, provided that if he has a wife living, he shall not adopt except with the consent of his wife unless the wife has completely and finally renounced the world or has ceased to be a Hindu or has been declared by a Court of competent jurisdiction to be of unsound mind.
Explanation appended to this section further states that if a person has more than one wife living at the time of adoption, the consent of all the wives is necessary unless the consent of any one of them is unnecessary for any of the reasons specified in the preceding proviso.
So, (I) and (III) are correct.

HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 6
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Under Hindu Law, marriage is a
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 6
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 7
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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 7
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 8
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The period of limitation for setting aside a sale in execution of a decree is
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 8
According to Article 127 in the schedule of the Limitation Act, the period of limitation for an application to set aside a sale in execution of a decree, including any such application by a judgement-debtor is sixty days and the limitation commences from the date of the sale.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 9
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Transfer of tangible immovable property of the value of Rs. 100/- can be made:
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 9
As per Section 54 of the Transfer of Property Act, 1882, transfer of tangible immovable property of the value of Rs. 100/- or more can only be made by a registered instrument. Therefore, option 1 is the correct answer.
Options 2 and 4 are not valid methods for transferring tangible immovable property of this value, as an unregistered instrument and placing the buyer in possession of the property are not sufficient for a valid transfer of title.
Option 3 is not applicable as tangible immovable property cannot be transferred merely by delivery, as it requires registration to transfer ownership.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 10
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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 10
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 11
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Liquidated damages are essentially the
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 11
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 12
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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 12
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 13
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A Hindu Male of 28 years of age adopts a female child of 13 years of age. The adoption is
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 13
According to section 11(iii) of the Hindu Adoptions and Maintenance Act, if the adoption is by a male and the person to be adopted is a female, the adoptive father is at least twenty-one years older than the person to be adopted. Further, section 5 of the Act expressly states that any adoption made in contravention of the provisions of the Act shall be void. Therefore, in the given case, as the age gap between the Hindu male and the female child is less than 21 years, so the adoption is void.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 14
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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 14
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 15
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Sale of intangible property can be affected
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 15
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 16
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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 16
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 17
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Which of the following provisions of the H.P. Urban Rent Control Act provides for conversion of a residential building into a non-residential building?
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 17
Section 12 of the H.P. Urban Rent Control Act provides for conversion of a residential building into a non-residential building. According to the section, no person shall convert a residential building into a non-residential building except with the permission, in writing, of the Controller.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 18
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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 18
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 19
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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 19
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 20
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The inadequacy of consideration will be taken into account by a Court of Law
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 20
Explanation 2 appended to section 25 of the Indian Contract Act expressively states that an agreement to which the consent of the promisor is freely given is not void merely because the consideration is inadequate; but the inadequacy of the consideration may be taken into account by the court in determining the question whether the consent of the promisor was freely given.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 21
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In the Nash v. Inman case, the issue was:
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 21
The case of Nash v. Inman shows that a minor cannot be bound by a contract of goods supplied where such goods are not necessaries for the minor. The court in this case ruled that at the time of the supply, the minor had sufficient clothes and that the fancy waistcoats did not constitute as a necessity especially at the time of delivery of the waistcoats. It was also established that since the defendant is a minor, he had a limited capacity to contract and unless proved that the subject of the contract was a necessary for the child, an action to enforce a contract against a child must fail.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 22
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Where the party has not suffered any real loss, the party may be awarded by the court
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 22
Nominal damages are awarded when the plaintiff is legally in the right, but has not suffered substantial or real losses. Because the plaintiff has no established need for compensation, the amounts awarded in these cases are usually very small. They may only cover the plaintiff's legal costs and may be as low as rupee one.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 23
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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 23
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 24
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Sapinda relationship and prohibited relationship under Hindu Law are
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 24
Sapinda relationship and prohibited relationship include legitimate as well as illegitimate relationship; relationship by full, half and uterine blood; and relationship by adoption as well as by natural birth. Many relationships overlap each other under sapinda and prohibited relationship.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 25
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Doctrine of 'Relation Back' applies to the matters relating to
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 25
According to this doctrine, a son adopted by a widow under the authority of her husband was deemed to have come into existence in the adoptive family on the day the husband died. The adopted son was put in the position of posthumous son and all his relations in the adoptive family 'related back' to the date of the death of his adoptive father by legal fiction.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 26
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Time barred debt can be claimed as
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 26
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 27
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Which of the following may be transferred?
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 27
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 28
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The principle of 'cypres' in the law of transfer of property means
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 28
The principle of 'cypres' in the law of transfer of property means "approximately near to". It was developed in the courts of equity first time.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 29
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When fair rent is fixed for a building, no further increase in the fair rent is permissible under the Himachal Pradesh Urban Rent Control Act, 1987, except in cases of:
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 29
According to section 6 of Himachal Pradesh Urban Rent Control Act, 1987, when the standard rent of a building or rented land has been fixed under section 4, no further increase in such standard rent shall be permissible, except in cases where some addition, improvement or alteration or special repairs has been carried out in the building or rented land by the landlord at the request in writing of the tenant.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 30
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Which section under the Himachal Pradesh Urban Rent Control Act, 1987, provides for 'Leases of vacant buildings'?
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - II) - Question 30
Section 19 of the Himachal Pradesh Urban Rent Control Act, 1987, provides for leases of vacant buildings. According to the section, whenever any building which was constructed before the commencement of this Act, and was being let out to tenants remains vacant for a period of twelve months, the Controller may on receipt of any application from a person serve the landlord a notice informing him that he should show cause why the vacant building be not let out to a tenant, who will pay fair rent to the landlord. On hearing the landlord, the Controller may, on such terms on which the building was being let out, lease the same to a person who has in his occupation no other building either as an owner or as a tenant.
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