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Judiciary Exams Exam  >  Judiciary Exams Tests  >  Himachal Pradesh Judicial Services Mock Test Series 2025  >  HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Judiciary Exams MCQ

HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Judiciary Exams MCQ


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30 Questions MCQ Test Himachal Pradesh Judicial Services Mock Test Series 2025 - HP Judicial Services (Prelims) Mock - 2 (Civil Law - II)

HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) for Judiciary Exams 2025 is part of Himachal Pradesh Judicial Services Mock Test Series 2025 preparation. The HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) questions and answers have been prepared according to the Judiciary Exams exam syllabus.The HP Judicial Services (Prelims) Mock - 2 (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 - 2 (Civil Law - II) below.
Solutions of HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) questions in English are available as part of our Himachal Pradesh Judicial Services Mock Test Series 2025 for Judiciary Exams & HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) solutions in Hindi for Himachal Pradesh Judicial Services Mock Test Series 2025 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 - 2 (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 2025 for Judiciary Exams Exam | Download free PDF with solutions
HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 1
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If the time of performance of the contract is the essence of the contract and the promisor fails to perform the contract by the specified time,

Detailed Solution for HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 1
When the time of performance is considered to be the essence of the contract, it means that time is of the essence and the failure to perform the contract by the specified time can lead to the contract becoming voidable at the option of the promisee. This means that the promisee has the option to either cancel the contract or enforce it. However, the contract does not automatically become void or unenforceable.
HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 2
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A contracts to pay B Rs. 20,000 if B's house is burnt. It is a/an

Detailed Solution for HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 2
A contingent contract is a contract where the performance of the contract depends on the happening or non-happening of an uncertain event in the future. In this case, the payment of Rs. 20,000 by A to B is contingent on the happening of a specific event, which is the burning of B's house. If the event occurs, A is obligated to pay B the specified amount, and if the event does not occur, A is not required to make any payment.
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HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 3
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Every appeal from decrees or orders under Section 28 of the Hindu Marriage Act, 1955 shall be preferred:

Detailed Solution for HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 3
As per Section 28 of the Hindu Marriage Act, 1955, any appeal from decrees or orders under this section shall be filed within 90 days from the date of decree or order. It is important to file the appeal within the specified time limit to avoid any legal complications.
HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 4
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Who is the natural guardian of a married minor girl?
Detailed Solution for HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 4
As per Section 6 of the Hindu Minority and Guardianship Act, the natural guardians of a Hindu minor, in respect of the minor's person as well as in respect of the minor's property (excluding his or her undivided interest in joint family property), are—
(a) in the case of a boy or an unmarried girl—the father, and after him, the mother: provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother;
(b) in the case of an illegitimate boy or an illegitimate unmarried girl—the mother, and after her, the father;
(c) in the case of a married girl—the husband.
HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 5
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The period of limitation for setting aside abatement is
Detailed Solution for HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 5
The period of limitation for an application under the Civil Procedure Code for an order to set aside abatement is sixty days and the limit commences from the date of abatement. This is provided under Article 121 of the Limitation Act.
HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 6
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Section 5 of the Limitation Act, 1963, applies to
Detailed Solution for HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 6
Section 5 of the Limitation Act states that any appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908 (5 of 1908), may be admitted after the prescribed period if the appellant or the applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period.
HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 7
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Section 17 of the Limitation Act does not take within its ambit
Detailed Solution for HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 7
Section 17 of the Limitation Act, 1963 deals with the effect of fraud or mistake on the limitation period for filing a suit or making an application. It provides that where, in the case of any suit or application for which a period of limitation is prescribed by this Act,—
(a) the suit or application is based upon the fraud of the defendant or respondent or his agent; or
(b) the knowledge of the right or title on which a suit or application is founded is concealed by the fraud of any such person as aforesaid; or
(c) the suit or application is for relief from the consequences of a mistake; or
(d) any document necessary to establish the right of the plaintiff or applicant has been fraudulently concealed from him, the period of limitation shall not begin to run until the plaintiff or applicant has discovered the fraud or the mistake or could, with reasonable diligence, have discovered it; or in the case of a concealed document, until the plaintiff or the applicant first had the means of producing the concealed document or compelling its production.
HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 8
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In case of usufructuary mortgage, the mortgagee:
Detailed Solution for HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 8
Section 58(d) of the Transfer of Property Act defines usufructuary mortgage. Where the mortgagor delivers possession or expressly or by implication binds himself to deliver possession of the mortgaged property to the mortgagee, and authorises him to retain such possession until payment of the mortgage money, and to receive the rents and profits accruing from the property or any part of such rents and profits and to appropriate the same in lieu of interest, or in payment of the mortgage money, or partly in lieu of interest or partly in payment of the mortgage money, the transaction is called an usufructuary mortgage and the mortgagee, an usufructuary mortgagee.
HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 9
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Fair rent of a building or rented land, under the Himachal Pradesh Urban Rent Control Act, 1987, is determined by the Rent Controller taking into consideration
Detailed Solution for HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 9
According to the provisions embedded under Section 4 of the Act, fair rent of a building or rented land, under the Himachal Pradesh Urban Rent Control Act, 1987, is determined by the Rent Controller after taking into consideration
1. the rent prevailing in the locality for similar building or rented land during specified period
2. the rent agreed upon between the landlord and the tenant
3. the compromise arrived at between the parties to the proceedings
Thus, option 4 is correct.
HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 10
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The landlord contravening the provisions of Clause (9) of Section 7 or Section 8 shall be punishable with imprisonment which may extend to
Detailed Solution for HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 10
Section 30 (2) of Act says that if any person contravenes any of the provisions of Clause (a) of Section 7 or Section 8, he shall be punishable with imprisonment which may extend to 2 years and with fine.
HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 11
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In which of the following cases has the Supreme Court held that rendering of service cannot be a good consideration for subletting as it would be against rent laws?
Detailed Solution for HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 11
In the case of Dipak Bannerjee v. Smt. Lila Bati, the honourable Supreme Court held that rendering of service cannot be a good consideration for subletting as it would be against rent laws. Court said that as there is no finding of exclusive possession nor of any payment of money in exchange of the user of part of the premises the finding of subletting cannot in law be upheld.
HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 12
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Contracts of adhesion are
Detailed Solution for HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 12
Contracts of adhesion refer to standard form contracts, which are pre-drafted contracts that are presented to the other party on a "take it or leave it" basis. These contracts are typically created by one party, such as a business or organisation, and the other party has little to no opportunity to negotiate the terms.
HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 13
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Which one of the following constitutes an offer in a self-service store?
Detailed Solution for HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 13
Among the options provided, picking up an article and approaching the cashier's desk for payment would generally be considered an offer in a self-service store. By taking the article and expressing an intention to purchase it by going to the cashier's desk, the customer is making an offer to buy the product. The store can then accept the offer by accepting payment and completing the transaction.
HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 14
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In case of non-fulfilment of contractual obligations, only the parties to the contract can sue each other. This concept is called:
Detailed Solution for HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 14
Privity of contract is a doctrine of contract law that says contracts are only binding on the parties to a contract and that no third party can enforce the contract or be sued under it. Lack of privity exists when parties have no contractual obligation to one another, thereby eliminating obligations, liabilities, and access to certain rights.
HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 15
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Mother of a Hindu child was also declared to be the natural guardian during the life time of the child's father, by the Apex Court in:
Detailed Solution for HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 15
The case of Githa Hariharan v. Reserve Bank of India marks a landmark judgment in matters of guardianship in India. It was held in this case that both the father and mother are natural guardians of a minor Hindu child, and the mother cannot be said to be natural guardian only after the death of the father as that would not only be discriminatory but also against the welfare of the child, which is the legislative intent of Hindu Minority and Guardianship Act, 1956.
HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 16
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The constitutional validity of which section of Hindu Marriage Act, 1955 was upheld by the Supreme Court in Saroj Rani v. Sudarshan (AIR 1984 S.C. 1562)?
Detailed Solution for HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 16
The Supreme Court of India, in Smt. Saroj Rani v. Sudarshan Kumar Chadha, 1985 SCR (1) 303, held that in India, conjugal right, i.e. right of the husband or the wife to the society of the other spouse is not merely creature of the statute. Such a right is inherent in the very institution of marriage itself. There are sufficient safeguards in Section 9 of the Hindu Marriage Act to prevent it from being a tyranny.
HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 17
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The principle embodied in Section 43 of the Transfer of Property Act is
Detailed Solution for HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 17

Section 43 of the Transfer of Property Act, 1882 states - 'Where a person fraudulently or erroneously represents that he is authorised to transfer certain immovable property and professes to transfer such property for consideration, such transfer shall, at the option of the transferee, operate on any interest which the transferor may acquire in such property at any time during which the contract of transfer subsists. Illustration: A, a Hindu who has separated from his father B, sells to C three fields, X, Y and Z, representing that A is authorised to transfer the same. Out of these fields, Z does not belong to A, it having been retained by B on the partition; but on B's dying, A as heir obtains Z. C, not having rescinded the contract of sale, may require A to deliver Z to him. Therefore, the principle behind the section is of feeding the grant by estoppel, i.e. option (3).

HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 18
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For application of the doctrine of lis pendens, which of the following is not necessary?
Detailed Solution for HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 18

Lis pendens is a Latin term that translates to "pending lawsuit" or "pending litigation".

  • The purchaser must have acted bona fide without notice of the pendency of the proceedings: For the doctrine of lis pendens to apply, it is not necessary for the purchaser to have acted in good faith without knowledge of the ongoing legal proceedings. In other words, even if the purchaser had notice of the pending lawsuit or proceeding, the doctrine can still be applied.
  • The suit or proceeding must not be collusive: This condition means that the lawsuit or proceeding in question must not be a collusive one. Collusion refers to an agreement or arrangement between two or more parties to deceive or defraud another person or the court. If the proceedings are found to be collusive, the doctrine of lis pendens may not be applicable.
  • Any right of immovable property is directly and specifically in question: This requirement implies that the subject matter of the legal proceedings must involve a direct and specific right related to immovable property. The doctrine of lis pendens is primarily concerned with disputes over property rights, and it applies when there is a pending legal action involving such rights.
  • The proceedings must be pending in a court of competent jurisdiction: For the doctrine of lis pendens to be applicable, the legal proceedings must be pending in a court that has the authority and jurisdiction to hear and decide on the matter. If the court does not have the necessary jurisdiction, the doctrine may not be invoked.

In summary, options 2, 3, and 4 outline necessary conditions for the application of the doctrine of lis pendens, while option 1 states that the purchaser's good faith and lack of notice are not essential requirements.

HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 19
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Which among the following is/are immovable property as per Section 3 of the Transfer of Property Act, 1882?
Detailed Solution for HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 19
Section 3 of the Transfer of Property Act mentions that 'immovable property' does not include standing timber, growing crops or grass.
HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 20
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Which of the following sections provides that any order made under the Himachal Pradesh Urban Rent Control Act shall be executable as a decree of civil court?
Detailed Solution for HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 20
Section 26 of the Himachal Pradesh Urban Rent Control Act provides that any order made by the Controller or an order passed on appeal under this Act, shall be executable by the Controller as a decree of a civil court and for this purpose, the Controller shall have all the powers of a civil court.
HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 21
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Provisions as to eviction of tenants, under the Himachal Pradesh Urban Rent Control Act, 1987, are described in:
Detailed Solution for HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 21
Provisions as to eviction of tenants, under the Himachal Pradesh Urban Rent Control Act, 1987, are described in Section 14 of the Act. According to this section:
(1) A tenant in possession of a building or rented land shall not be evicted therefrom in execution of a decree passed before or after the commencement of this Act or otherwise, whether before or after the termination of the tenancy, except in accordance with the provisions of this Act.
(2) A landlord who seeks to evict his tenant shall apply to the Controller for a direction in that behalf. If the Controller, after giving the tenant a reasonable opportunity of showing cause against the applicant is satisfied, the Controller may make an order directing the tenant to put the landlord in possession of the building or rented land and if the Controller is not so satisfied, he shall make an order rejecting the application.
HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 22
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"V" places an order with "S" for the supply of 20 sewing machines. "S" could not supply these in time. "V" loses a profitable contract due to this and claims his loss of profit from "S". But "V" does not succeed as the nature of damage is
Detailed Solution for HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 22

Special damages are losses that are not directly caused by the breach itself but are instead unique to the specific circumstances or characteristics of the injured party. These kinds of damages can be recovered only if the party had made the special circumstatnces known to the other party.
In this case, the loss of profit is not a direct and immediate consequence of the breach of contract. It is a special or indirect damage that arises due to the unique circumstances of "V" losing a profitable contract as a result of "S" failing to supply the sewing machines on time. Therefore, the nature of the damage in this scenario is considered "special." V does not succeed as he had not made the special circumstances, of losing a profitable contract, known to S.

HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 23
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The consideration or object of an agreement is lawful, unless
Detailed Solution for HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 23
According to section 23 of the Indian Contract Act, the consideration or object of an agreement is lawful, unless—
  • it is forbidden by law; or
  • is of such a nature that if permitted, it would defeat the provisions of any law; or
  • is fraudulent ; or
  • involves or implies injury to the person or property of another; or
  • the Court regards it as immoral, or opposed to public policy.
In each of these cases, the consideration or object of an agreement is said to be unlawful. Every agreement of which the object or consideration is unlawful is void.
HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 24
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Under Hindu Succession Act, 1956, a mother is not entitled to inherit as class-I heir from her
Detailed Solution for HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 24
The sons and daughters do not include step son or step daughter in the expression. Thus, under Hindu Succession Act, 1956 a mother is not entitled to inherit as class-I heir from her step son.
HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 25
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Which one of the following sections of the Hindu Succession Act, 1956 makes provisions for "Notional Partition"?
Detailed Solution for HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 25
The concept of "Notional Partition" is covered under Section 6 of the Hindu Succession Act, 1956. It was introduced by the 2005 amendment to the Act. According to the amendment, a Hindu joint family governed by the Mitakshara law (which applies to most Hindus except those in specific regions with different customs) is deemed to have undergone a "Notional Partition" as of September 9, 2005. This means that the property held by the joint family is considered to have been divided among the coparceners as if a partition had taken place on that date.
HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 26
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For which of the following marriages under Hindu Law is a decree of nullity of marriage from court a must on the application of aggrieved party?
Detailed Solution for HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 26
It is a perfectly valid marriage so long as either party to the marriage does not avoid it on a petition and a decree of the court annuls it. Thus, the parties to a voidable marriage cannot perform another marriage without first getting a decree declaring their first marriage as void.
HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 27
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The intention of the Law of Limitation is
Detailed Solution for HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 27

The major purpose of the statutory of the Limitation Act, 1963 is not to destroy or infringe the rights of an aggrieved person but to serve public in a better way and to save time.The law of limitation specifies the statutory time frame within which a person may initiate a legal proceeding or a legal action can be brought. If a suit is filed after the expiry of the time prescribed it will be barred by the Limitation. It means that a suit brought before the Court after the expiry of the time within which a legal proceeding should've been initiated will be restricted.

HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 28
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Which one of the following relationships does not come within the category of undue influence affecting a transfer of property?
Detailed Solution for HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 28
Relationship of customer and shopkeeper is not of fiduciary nature and does not fall under the category of undue influence affecting a transfer of property.
HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 29
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In which of the following cases did the Supreme Court hold that "where no rent has been fixed by the controller, the landlord can receive the future rent in advance exceeding one month's rent"?
Detailed Solution for HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 29
In the case of Mangat Rai vs. Kedar Nath, Supreme Court has in the year of 1980 held that where no rent has been fixed by the controller, the landlord can receive the future rent in advance exceeding one month's rent.
HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 30
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Which of the following sections of Himachal Pradesh Urban Rent Control Act, 1987, prescribes penalties for contravention of the provisions of section 10, 11, 12 and 29 of the Act?
Detailed Solution for HP Judicial Services (Prelims) Mock - 2 (Civil Law - II) - Question 30
Section 30(1) of the Himachal Pradesh Urban Rent Control Act, 1987, provides that if any person contravenes any of the provisions of section 10, section 11, section 12 or section 29, he shall be punishable with fine which may extend to one thousand rupees.
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