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Judiciary Exams Exam  >  Judiciary Exams Tests  >  Himachal Pradesh Judicial Services Mock Test Series 2024  >  HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Judiciary Exams MCQ

HP Judicial Services (Prelims) Mock - 3 (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 - 3 (Civil Law - I)

HP Judicial Services (Prelims) Mock - 3 (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 - 3 (Civil Law - I) questions and answers have been prepared according to the Judiciary Exams exam syllabus.The HP Judicial Services (Prelims) Mock - 3 (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 - 3 (Civil Law - I) below.
Solutions of HP Judicial Services (Prelims) Mock - 3 (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 - 3 (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 - 3 (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 - 3 (Civil Law - I) - Question 1
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Under which provision of CPC is attachment before judgement provided?

Detailed Solution for HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 1
The provision of attachment before judgement is provided under Order 38, Rules 5-13 of the Code of Civil Procedure (CPC) in India. Order 38 of the CPC deals with the provision of arrest and detention of the defendant before judgement or after decree. Order 38, Rule 5 provides for the attachment before judgement of the property of the defendant. The other rules under this order provide for the procedure for obtaining attachment, the conditions for release of the attached property, the consequences of wrongful attachment, and other related matters. Therefore, option 1 is the correct answer.
HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 2
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An ex-parte decree can be set aside:

Detailed Solution for HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 2
An ex-parte decree can be set aside under Order IX Rule 13 of CPC (Civil Procedure Code). This rule provides that a court may set aside an ex-parte decree if the defendant was not served with a summons or was prevented from appearing in court due to a sufficient cause.
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HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 3
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Pecuniary jurisdiction of a court has been described under:

Detailed Solution for HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 3
Pecuniary jurisdiction of a court refers to the monetary value of the claim or the amount in dispute that the court is authorised to adjudicate. Section 6 of the Civil Procedure Code (CPC) deals with pecuniary jurisdiction. As per the section, no court has jurisdiction over suits the amount or value of the subject-matter of which exceeds the pecuniary limits (if any) of its ordinary jurisdiction.
HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 4
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A is accused of the murder of B. At his trial, which of the following will not be a fact in issue?
Detailed Solution for HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 4
Fact in issue refers to a disputed or contested element that needs to be proven or disproven during the trial.
A intended to cause B's death: This could be a fact in issue as it relates to the accused's state of mind and intention at the time of the incident. The prosecution would need to prove this to establish the charge of murder.
A had received grave and sudden provocation from B: This could be a fact in issue as it relates to the accused's state of mind and emotional response. It could potentially be used as a defense, such as provocation leading to diminished responsibility or a lesser charge like manslaughter.
A caused B's death by beating B with a club: This is a crucial fact in issue as it establishes the cause of B's death and connects the accused to the act. The prosecution would need to prove this to establish the actus reus (criminal act) element of the crime.
A had gone to fight with a club: This statement is not a fact in issue because it does not directly pertain to the elements of the crime or the guilt or innocence of the accused. It may be relevant background information but not a disputed fact to be proven at the trial.
Therefore, the answer is option 4.
HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 5
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Which of the following is not the main principle that underlines the Law of Evidence?
Detailed Solution for HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 5
Hearsay evidence must be admitted is not the main principle that underlines the Law of Evidence. The rule against the admission of hearsay evidence is
fundamental. It is not the best evidence and it is not delivered on oath. The truthfulness and accuracy of the person whose words are spoken to by another witness cannot be tested by cross-examination and the light, which his demeanour would throw on his testimony, is lost.
HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 6
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A is accused of murdering B. The following facts are constructed in the case:
(I) An hour before the murder, A took B in his car to a certain place.
(II) A alone returned home.
(III) A's clothes were found to be blood-stained.
The evidence which takes into account the above mentioned facts is called
Detailed Solution for HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 6

Circumstantial evidence is evidence that relies on an inference to connect it to a conclusion of fact - like a fingerprint at the scene of a crime. Therefore, all the mentioned facts form circumstantial evidence.

HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 7
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A retracted confession
Detailed Solution for HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 7
When the confession is held to be admissible, then the court is to consider what weight should be given to it. As a matter of prudence and caution, which has sanctified itself in a rule of law, a retracted confession cannot be made solely the basis of conviction unless the same is corroborated.
HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 8
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In which year was the Indian Stamp Act passed?
Detailed Solution for HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 8
The Indian Stamp Act was passed in the year 1899. The Indian Stamp Act 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 - 3 (Civil Law - I) - Question 9
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Besides the Courts of Small Causes and the courts established under any other enactment, the number of classes of Subordinate Civil Courts provided under the Himachal Pradesh Courts Act, 1976, is
Detailed Solution for HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 9
Besides the Courts of Small Causes established under the Provincial Small Cause Courts Act, 1887 (9 of 1887) and the Courts established under any other enactment for the time being in force, there shall be the following classes of Subordinate Civil Courts in Himachal Pradesh:
(a) The Court of District Judge
(b) The Court of Civil Judge (Senior Division)
(c) The Court of Civil Judge (Junior Division)
HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 10
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Section 8 of the Specific Relief Act can be invoked
Detailed Solution for HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 10
Section 8 of the Specific Relief Act states that any person having the possession or control of a particular article of movable property of which he is not the owner may be compelled specifically to deliver it to the person entitled to its immediate possession.
HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 11
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Objection to the territorial jurisdiction of a court can be allowed if it is raised
Detailed Solution for HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 11
Section 21 of the Civil Procedure Code states that the objections relating to pecuniary or territorial jurisdiction should be raised at the earliest and if the parties omit to plead and raise the objection, at a later stage, unsuccessful party would be precluded to raise lack of jurisdiction.
HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 12
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A defendant can claim temporary injunction in a suit filed by the plaintiff
Detailed Solution for HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 12
Order 39 Rule 1 states: '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 execution of a decree, temporary injunction may be granted.'
HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 13
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Section 31 of the Indian Evidence Act says that admissions are not conclusive proof of the matters admitted, but they may operate as
Detailed Solution for HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 13
An admission is a statement, oral or documentary or contained in electronic form, which suggests any inference as to any fact in issue or relevant fact. According to Section 31 of the Indian Evidence Act, admissions are not conclusive proof of the matters admitted, but they may operate as estoppels.
HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 14
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Section 8 of the Indian Evidence Act, 1872 deals with:
Detailed Solution for HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 14
Section 8 of the Indian Evidence Act deals with motive, preparation and previous or subsequent conduct. Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact. The conduct of any party, or of any agent to any party, to any suit or proceeding, in reference to such suit or proceeding, or in reference to any fact in issue therein or relevant thereto, and the conduct of any person an offence against whom is subject of any proceeding, is relevant, if such conduct influences or is influenced by any fact in issue or relevant fact, and whether it was previous or subsequent thereto.
HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 15
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The professional communication between an advocate and his client can be disclosed before the court
Detailed Solution for HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 15
According to Section 126 of the Indian Evidence Act, no barrister, attorney, pleader or vakil shall at any time be permitted, unless with his client's express consent, to disclose any communication made to him in the course and for the purpose of his employment as such barrister, pleader, attorney or vakil, by or on behalf of his client, or to state the contents or condition of any document with which he has become acquainted in the course and for the purpose of his professional employment, or to disclose any advice given by him to his client in the course and for the purpose of such employment:
Provided that nothing in this section shall protect from disclosure-
(1) Any such communication made in furtherance of any illegal purpose.
(2) Any fact observed by any barrister, pleader, attorney or vakil, in the course of his employment as such, showing that any crime or fraud has been committed since the commencement of his employment.
It is immaterial whether the attention of such barrister, pleader, attorney or vakil was or was not directed to such fact by or on behalf on his client.
Thus, option 4 is the answer.
HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 16
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Burden of proof under Section 101 of the Indian Evidence Act
Detailed Solution for HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 16
There is an essential distinction between burden of proof and onus of proof; the first one is the burden to prove the main contention of the party requesting the action of the court, while the second one is the burden to produce actual evidence. The burden of proof lies upon the person who has to prove a fact and the burden remains constant which never shifts, while, on the other hand, onus shifts from one to another.
HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 17
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The maxim "res ipsa loquitur" means
Detailed Solution for HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 17
Res ipsa loquitur' is a Latin phrase that means "things speak for themselves". It is one type of circumstantial evidence that allows a reasonable fact finder to determine that the defendant's negligence caused an unusual event that subsequently caused injury to the plaintiff.
HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 18
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Which of the following statements is incorrect in the context of 'Estoppel' under the Indian Evidence Act, 1872?
Detailed Solution for HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 18
The representation is one of the ingredients for application of doctrine of estoppel. It may be in the form of a declaration, act or omission. The representation also covers statement - oral or written and conduct. Thus, option 2 is the answer.
HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 19
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Under Section 9 of the Specific Relief Act, 1963, the defendant may plead his defence under the:
Detailed Solution for HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 19
According to Section 9 of the Specific Relief Act, where any relief is claimed under Chapter II in respect of a contract, the person against whom the relief is claimed may plead by way of defence any ground which is available to him under any law relating to contracts.
HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 20
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A claim for damages in suit for injunction can be laid down
Detailed Solution for HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 20
A claim for damages in suit for injunction can be laid down under Section 40 of the Specific Relief Act. According to the section, the plaintiff in a suit for perpetual injunction under Section 38, or mandatory injunction under Section 39, may claim damages either in addition to, or in substitution for, such injunction and the court may, if it thinks fit, award such damages. No relief for damages shall be granted under this section unless the plaintiff has claimed such relief in his plaint, provided that where no such damages have been claimed in the plaint, the court shall, at any stage of the proceedings, allow the plaintiff to amend the plaint on such terms as may be just for including such claim.
The dismissal of a suit to prevent the breach of an obligation existing in favour of the plaintiff shall bar his right to sue for damages for such breach.
HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 21
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Appointment of commission to make local investigation is under which of the following?
Detailed Solution for HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 21
According to Order 26 Rule 9 of the Code of Civil Procedure, in any suit in which the Court deems a local investigation to be requisite or proper for the purpose of elucidating any matter in dispute, or of ascertaining the market-value of any property, or the amount of any mesne profits or damages or annual net profits, the Court may issue a commission to such person as it thinks fit directing him to make such investigation and to report thereon to the Court: Provided that, where the State Government has made rules as to the persons to whom such commission shall be issued, the Court shall be bound by such rules.
HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 22
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Which of the following deals with service of process on pleader in the Code of Civil Procedure?
Detailed Solution for HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 22
Order III Rule 5 of the Code of Civil Procedure provides for service of process on pleader. Any process served on the pleader who has been duly appointed to act in Court for any party or left at the office or ordinary residence of such pleader, and whether the same is for the personal appearance of the party or not, shall be presumed to be duly communicated and made known to the party whom the pleader represents, and, unless the Court otherwise directs, shall be as effectual for all purposes as if the same had been given to or served on the party in person.
HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 23
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Issues between parties are framed when
Detailed Solution for HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 23
Order XIV Rule 1 deals with framing of issues. Sub rule 1 expressly states that Issues arise when a material proposition of fact or law is affirmed by the one party and denied by the other.
HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 24
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Previous good character is relevant in which case/cases?
Detailed Solution for HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 24
According to section 53 of the Indian Evidence Act, in criminal proceedings, the fact that the person accused is of a good character, is relevant.
HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 25
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Declaration in course of business is admissible:
Detailed Solution for HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 25
Section 32 of the Indian Evidence Act deals with the cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant. According to clause 2 of the section, when the statement was made by such person in the ordinary course of business, and in particular when it consists of any entry or memorandum made by him in books kept in the ordinary course of business, or in the discharge of professional duty; or of an acknowledgement written or signed by him of the receipt of money, goods, securities or property of any kind; or of a document used in commerce written or signed by him; or of the date of a letter or other document usually dated, written or signed by him, such statements are admissible.
HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 26
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Opinion as to relationship of marriage under section 50 of Indian Evidence Act:
Detailed Solution for HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 26
Under section 50 of the Indian Evidence Act, when the Court has to form an opinion as to the relationship of one person to another, the opinion expressed by conduct, as to the existence of such relationship, of any person who, as a member of the family or otherwise, has special means of knowledge on the subject, is a relevant fact: Provided that such opinion shall not be sufficient to prove a marriage in proceedings under the India Divorce Act, 1869 (4 of 1869) or in prosecutions under sections 494, 495, 497 or 498 of the Indian Penal Code, (45 of 1960).
HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 27
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The report of a Medical Officer stating the injuries of the victim is
Detailed Solution for HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 27
A medical officer's report stating the injuries of the victim is considered relevant and admissible in evidence in a legal context. Such a report provides important information about the nature and extent of the injuries suffered by the victim, which can be crucial in determining the facts of a case and establishing liability. Medical reports are generally considered reliable and objective sources of information, as they are prepared by trained professionals who have examined the victim and have the necessary expertise to assess and document injuries. Therefore, the report can be presented as evidence in court to support the prosecution or defense's arguments. Therefore, option 2 is the answer.
The other options are incorrect as the report is not considered conclusive in nature because it is subject to cross-examination and scrutiny by the opposing party. It is also not irrelevant as it directly pertains to the injuries suffered by the victim. Lastly, the report of a Medical Officer stating the injuries of the victim is not a substantive piece of evidence but can be taken into consideration while adjudication.
HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 28
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The trial for any offence committed under the Indian Stamp Act may be held
Detailed Solution for HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 28
According to Section 72 of the Indian Stamp Act, every such offence committed in respect of any instrument may be tried in any district or presidency-town in which such instrument is found, as well as in any district or presidency town in which such offence might be tried under the Code of Criminal Procedure for the time being in force.
HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 29
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Classes of Courts' are explained in the Himachal Pradesh Courts Act, 1976 under:
Detailed Solution for HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 29
Classes of Courts are explained under Section 3 of the Himachal Pradesh Courts Act, 1976. According to the section, besides the Courts of Small Causes established under the Provincial Small Cause Courts Act, 1887 (9 of 1887), and the Courts established under any other enactment for the time being in force, there shall be the following classes of Subordinate Civil Courts in Himachal Pradesh:-
(a) the Court of the District Judge;
(b) the Court of Senior Civil Judge; and
(c) the Court of Civil Judge.
HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 30
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Which of the following sections under Specific Relief Act deals with Specific Performance with variation?
Detailed Solution for HP Judicial Services (Prelims) Mock - 3 (Civil Law - I) - Question 30
Section 18 of the Specific Relief Act states that where a plaintiff seeks specific performance of a contract in writing, to which the defendant sets up a variation, the plaintiff cannot obtain the performance sought, except with the variation so set up, in the following cases, namely:— (a) where by fraud, mistake of fact or mis-representation, the written contract of which performance is sought is in its terms or effect different from what the parties agreed to, or does not contain all the terms agreed to between the parties on the basis of which the defendant entered into the contact;
(b) where the object of the parties was to produce a certain legal result which the contract as framed is not calculated to produce;
(c) where the parties have, subsequently to the execution of the contract, varied its terms.
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