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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 - I) - Judiciary Exams MCQ

HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - 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 - I)

HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) 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 - I) questions and answers have been prepared according to the Judiciary Exams exam syllabus.The HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) 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 - I) below.
Solutions of HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) 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 - I) 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 - I) | 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 - I) - Question 1
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A 'decree' means

Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 1
Decree is defined under Section 2(2) of Civil Procedure Code, 1908. It means the formal expression of an adjudication which conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit. A decree may be either preliminary or final. A decree is preliminary when a further procedure has to be taken before the suit can be completely disposed of. When adjudication completely disposes of the suit, such decree is final.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 2
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A caveat shall not remain in force after the expiry of

Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 2
According to section 148A of the CPC, where a caveat has been lodged under sub-section (1), such caveat shall not remain in force after the expiry of 90 days from the date on which it was lodged unless the application referred to in sub-section (1) has been made before the expiry of the said period.
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HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 3
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Application for execution of a decree is to be made

Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 3
Order XXI of the CPC, the lengthiest order, provides detailed provisions for making an application for execution and the manner in which it is to be entertained, dealt with and decided. Execution is the enforcement of a decree by a judicial process which enables the decree holder to realise the fruits of the decree passed by the competent court in his favour. All proceedings in execution commence with the filing of an application for execution. Such application should be made to the court that passed the decree or where the decree has been transferred to another court, to that court.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 4
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Which of the following statements in respect of set-off is/are correct?
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 4
The provision relating to set-off is contained in Order VIII Rule 6 of the Code of Civil Procedure. Where, in a suit for recovery of money, the defendant claims to set off, against the plaintiff's demand, any ascertained sum of money legally recoverable by him from the plaintiff, not exceeding the pecuniary limits of the jurisdiction of the Court, and both parties fill the same character as they fill in the plaintiff's suit, the defendant may, at the first hearing of the suit, but not afterwards unless permitted by the Court, present a written statement containing the particulars of the debt sought to be set-off.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 5
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The opinion of experts is not relevant
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 5
Opinion of experts is relevant upon a point of (a) foreign law, (b) science, (c) art, (d) identity of handwriting and (e) finger impressions. Therefore, an expert to be competent as a witness need not have acquired his knowledge professionally. It is sufficient as far as the admissibility of the evidence goes, if he has made a special study of the subject or acquired a special knowledge. Thus, option 1 is correct answer.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 6
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Mark the incorrect statement.
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 6
There is a difference between 'relevancy' and 'admissibility' of evidence. They are not co-extensive or interchangeable terms. All facts logically relevant are not however legally relevant. Relevancy under the Indian Evidence Act is not a question of pure logic but of law, as no fact however logically relevant is receivable in evidence unless it is declared by the Evidence Act to be relevant. If one fact is connected to the other logically, it is called logical relevancy and it may be based on several factors. For instance, if a severed dead body is found on a railway track, it can be inferred that the death occurred because of the train running over the person. Relevancy is based on logic and probability, admissibility is not based on logic but on strict rules of law.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 7
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During examination-in-chief or re-examination,
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 7
Section 142 of the Indian Evidence Act provides that, during examination-in-chief or re-examination, leading questions on certain matters can be asked only with the permission of the court.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 8
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A dying declaration
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 8
Under the law, a dying declaration can form the sole basis of conviction, if it is free from any kind of doubt and it has been recorded in the manner as provided under the law. It may not be necessary to look for corroboration of such a dying declaration. As envisaged, a dying declaration is generally to be recorded by an Executive Magistrate with the certificate of a medical doctor about the mental fitness of the declarant to make the statement. It may be in the question-answer form and the answers be written in the words of the person making the declaration.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 9
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Testimony of an accomplice before it is accepted and acted upon
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 9
According to Sections 114 and 133 of the Indian Evidence Act, testimony of an accomplice before it is accepted and acted upon must be corroborated by an independent source.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 10
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The Indian Stamp Act provides for
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 10
The Indian Stamp Act provides for instruments chargeable to duty under the Act. The Indian Stamp Act of 1899 (2 of 1899) is an in-force Act of the Government of India for the charging of stamp duty on instruments recording transactions.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 11
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Under the Himachal Pradesh Courts Act, 1976, an appeal from decree or order of Civil Judge shall lie to the District Judge, where the value of the original suit in which the decree/order was made does not exceed
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 11
According to Section 21 of the Himachal Pradesh Courts Act, 1976, an appeal from decree or order of Civil Judge shall lie to the District Judge, where the value of the original suit, in which the decree/order was made does not exceed two lakh rupees.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 12
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The general principles on which the perpetual injunctions could be granted under the Specific Relief Act are contained in
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 12
The general principles for the grant of perpetual injunctions under the Specific Relief Act are contained in Section 38.
According to the section,
"(1) Subject to the other provisions contained in or referred to by this Chapter, a perpetual injunction may be granted to the plaintiff to prevent the breach of an obligation existing in his favour, whether expressly or by implication.
(2) When any such obligation arises from contract, the court shall be guided by the rules and provisions contained in Chapter II.
(3) When the defendant invades or threatens to invade the plaintiff's right to, or enjoyment of, property, the court may grant a perpetual injunction in the following cases, namely:—
(a) where the defendant is trustee of the property for the plaintiff;
(b) where there exists no standard for ascertaining the actual damage caused, or likely to be caused, by the invasion;
(c) where the invasion is such that compensation in money would not afford adequate relief;
(d) where the injunction is necessary to prevent a multiplicity of judicial proceedings.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 13
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A, a railway company, is in possession of goods as a consignee. It does not claim any interest in the goods except a lien of wharfage, demurrage and freight, but rival claims have been made by B and C adversely to each other. A can institute
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 13
When rival claims have been made by two or more parties with adverse interests in the goods, and the consignee (in this case, A) does not claim any interest in the goods except for a lien on wharfage, demurrage and freight, then the consignee can file an interpleader suit. An interpleader suit is a legal action that allows a party holding property claimed by two or more parties to deposit the property with the court and require the claimants to litigate among themselves to determine the rightful owner. This allows the consignee to avoid liability for delivering the goods to the wrong party and ensures that the rightful owner receives the goods.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 14
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Where any period is fixed or granted by the court for doing an act prescribed by the Code of Civil Procedure, the court may enlarge such period
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 14
According to legal provisions of Section 148 of Code of Civil Procedure, 1908 (C.P.C.), where any period is fixed or granted by the court for the doing of any act prescribed or allowed by this code, the court may, in its discretion, from time to time, enlarge such period [not exceeding thirty days in total], even though the period originally fixed or granted may have expired.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 15
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Every suit shall be instituted
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 15
As per Section 15 of Civil Procedure Code, every suit shall be instituted in the court of the lowest grade competent to try it. This is a fundamental rule which means that if a remedy is available at a lower court, the higher court must not be approached.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 16
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Section 125 of the Indian Evidence Act, 1872 deals with:
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 16
Section 125 states that no Magistrate or police officer shall be compelled to say whence he got any information as to the commission of any offence and no revenue officer shall be compelled to say whence he got any information as to the commission of any offence against the public revenue.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 17
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(I) Confession of a co-accused, not required to be on oath and which cannot be tested by cross-examination, is no evidence within the meaning of Section 3 of the Evidence Act and cannot be the foundation of a conviction.
(II) The only limited use which can be made of a confession of a co-accused is by way of furnishing an additional reason for believing such other evidences as exists.
(III) Confession of a co-accused is a very weak type of evidence and is much weaker even than the evidence of an approver.
In the aforesaid propositions,
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 17

The Privy Council observed that a confession of a co-accused is obviously evidence of a very weak type. It does not come within the definition of 'evidence' contained in Section 3. It is not required to be given on oath, nor in the presence of the accused, and it cannot be tested by cross-examination. It again observed that the confession is only one element in the consideration of all the facts proved in the case. It can be put into the scale and weighed with the other evidence. The confession of an accused person is not evidence in the ordinary sense of the term as defined in Section 3. It cannot be made the foundation of a conviction and can only be used in support of other evidence.
Thus, all the propositions are correct.

HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 18
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Propositions under Evidence Act are:
(I) Statement is a genus, admission is a species and confession is a sub-species
(II) Statement and admission are species, and confession is a sub-species
(III) Statement and admission are genus, and confession is a species
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 18

A scrutiny of the provisions of Sections 17 to 30 of the Evidence Act discloses that statement is a genus, admission is a species and confession is a sub-species. A confession, therefore, is a statement made by an accused admitting his guilt. When a party accepts his statement made in earlier proceedings, it amounts to an admission. Therefore, I is correct, and II and III are incorrect.

HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 19
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Duty under the Indian Stamp Act in case of policy of insurance other than fire insurance is payable
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 19
According to Section 29 of the Indian Stamp Act, duty in case of policy of insurance other than fire insurance is payable by the person affecting the insurance.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 20
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Who may delegate the power under Section 19 of the Himachal Pradesh Courts Act of 1976?
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 20
Section 19 talks about the delegation of District Judge's powers. It says that a District Judge may, with the previous sanction of the High Court, delegate to any Civil Judge in the district, the power conferred on him by Section 18(2) of this Act to be exercised by the Civil Judge in any specified portion of the Himachal Pradesh Courts Act of 1976.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 21
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Which of the following functions cannot be performed by a commission?
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 21
Section 75 of the Code of Civil Procedure provides for Power of Court to issue commissions. According to the section, subject to such conditions and limitations as may be prescribed, the Court may issue a commission-
(a) to examine any person;
(b) to make a local investigation;
(c) to examine or adjust accounts; or
(d) to make a partition;
(e) to hold a scientific, technical, or expert investigation;
(f) to conduct sale of property which is subject to speedy and natural decay and which is in the custody of the Court pending the determination of the suit;
(g) to perform any ministerial act.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 22
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Who prepares a panel of commissioners to record the evidence under Order 18 Rule 4 of CPC?
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 22
Under Order 18 Rule 4(6) of the CPC it is expressly stated that the High Court or the District Judge, as the case may be, shall prepare a panel of Commissioners to record the evidence under this rule.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 23
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Which of the following is not an appropriate ground for temporary injunction under the Code of Civil Procedure?
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 23
According to Order XXXIX Rule 1, where in any suit it is proved by affidavit or otherwise-
(a) that any property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in an execution of a decree, or
(b) that the defendant threatens, or intends, to remove or dispose of his property with a view to defrauding his creditors,
(c) that the defendant threatens to dispossess the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit, the Court may grant a temporary injunction to restrain such act, or make such other order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property [or dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation to any property in dispute in the suit] as the Court thinks fit, until the disposal of the suit or until further orders.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 24
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Which of the following sections of the Indian Evidence Act discusses the relevancy of opinion of the experts?
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 24
Section 45 of the Indian Evidence Act states that when the Court has to form an opinion upon a point of foreign law or of science or art, or as to identity of handwriting or finger impressions, the opinions upon that point of persons specially skilled in such foreign law, science or art, or in questions as to identity of handwriting or finger impressions are relevant facts.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 25
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A person summoned to produce a document:
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 25
Section 139 of the Indian Evidence Act expressly states that a person summoned to produce a document does not become a witness by the mere fact that he produces it and cannot be cross examined unless and until he is called as a witness.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 26
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Section 109 of the Indian Evidence Act deals with burden of proof as to relationships in the cases of:
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 26
Section 109 of the Indian Evidence Act 1872 deals with the burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent. When the question is whether persons are partners, landlord and tenant, or principal and agent, and it has been shown that they have been acting as such, the burden of proving that they do not stand, or have ceased to stand, to each other in those relationships respectively, is on the person who affirms it. Thus, option 4 is the answer.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 27
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Which of the following sections of the Indian Evidence Act talks about entries in books of accounts?
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 27
Section 34 of the Indian Evidence Act states that entries in the books of account, including those maintained in an electronic form, regularly kept in the course of business, are relevant whenever they refer to a matter into which the court has to inquire but such statements shall not alone be sufficient evidence to charge any person with liability.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 28
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During the course of trial of a murder case, which of the following may be proved?
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 28
Recovery of the weapon of offence on basis of statement made by accused during investigation of another case may be proved during the course of trial of a murder case as given under section 27 of the Indian Evidence Act.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 29
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The power of collector under the Indian Stamp Act to refund penalty paid is contained in
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 29
Section 39 of the Indian Stamp Act states that when a copy of an instrument is sent to the Collector under section 38, he may, if he thinks fit, refund any portion of the penalty in excess of five rupees which has been paid in respect of such instrument. When such instrument has been impounded only because it has been written in contravention of section 13 or section 14, the Collector may refund the whole penalty so paid.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 30
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Where an instrument is evidence of different rights or different obligations, the Court may, in a proper case, cancel it in part and allow it to stand for the residue. This provision is provided in the Specific Relief Act under:
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 30
According to Section 32 of the Specific Relief Act, where an instrument (such as a contract or agreement) is evidence of different rights or different obligations, the court may, in a proper case, cancel it in part and allow it to stand for the remainder. This section empowers the court to modify or sever a contract or instrument when it contains multiple rights or obligations that can be separated.
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