UKPCS Judicial Service Civil Judge (JD) (Pre) Exam - 2019 (Answer Key)

Uttarakhand PCS Judicial Service Civil Judge (JD) (Pre) Exam – 2019 (Answer Key)

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61. A co-owner of immovable property under Transfer of Property may make a
(a) valid transfer of property
(b) only can give possession
(c) only can give right to use for a short period
(d) cannot make transfer of that property

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Answer – (A)

62. Right of redemption can be exercised
(a) only by paying the mortgage money to the mortgagee.
(b) only by depositing the mortgage money in court.
(c) only by a regular suit for redemption.
(d) All of these

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Answer – (D)

63. ‘He who seeks equity must do equity’ is the juristic basis of which one of the following Sections of the T.P. Act ?
(a) Section 49
(b) Section 50
(c) Section 51
(d) Section 53

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Answer – (C)

64. The case of Arif Vs. Yadunath is related which of the following ?
(a) Apportionment
(b) Fraudulent transfer
(c) Part performance
(d) None of these

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Answer – (C)

65. How many types of mortgage are given in Section 58 of the T.P. Act ?
(a) 5
(b) 6
(c) 7
(d) 8

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Answer – (B)

66. ‘Once a mortgage always a mortgage’ was laid down in which one of the following cases ?
(a) In Nokes & Co. Vs. Rice
(b) In Alderson Vs. White
(c) In Hunter Vs. Abdul Ali
(d) None of these

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Answer – (A)

67. A lease can be determined by :
(a) By Efflux of time
(b) By Implied surrender
(c) By Forfeiture
(d) All of these

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Answer – (D)

68. Dhulabhai Vs. State of M.P. is related to which of the following under CPC ?
(a) Jurisdiction of Civil Court
(b) Pleadings
(c) Interim Orders
(d) First Appeal

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Answer – (A)

69. Which of the following judgements of the Supreme Court deals with the applicability of Res-judicata in writ petitions ?
(a) L.I.C. Vs. India Automobiles & Company
(b) Daryao Vs. State of U.P.
(c) Bhula Bhai Vs. State of M.P.
(d) Premier Automobile Vs. Kamlakar

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Answer – (B)

70. The object of oral examination under Order X Rule 2 of Civil Procedure Code, is
(a) to record evidence.
(b) to secure admissions.
(c) Both (a) and (b).
(d) to elucidate the matter in controversy in the suit.

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Answer – (D)

71. Which of the following remedies may be sought against ex-parte decree ?
(a) only application under Order IX Rule 13 CPC
(b) only appeal under Section 96(2) CPC
(c) Both (a) and (b)
(d) None of these

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Answer – (C)

72. If the order to amend the pleadings does not contain time limit to amend, party can made the amendment within
(a) 30 days
(b) 15 days
(c) 14 days
(d) 7 days

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Answer – (C)

73. Period of detention in civil imprisonment as a consequence of disobedience or breach of any injunction, shall not exceed
(a) 1 month
(b) 3 months
(c) 6 months
(d) 1 year

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Answer – (B)

74. The principle of ‘feeding the grant by estoppel’ is given in which one Section of the T.P. Act ?
(a) Section 40
(b) Section 42
(c) Section 43
(d) Section 44

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Answer – (C)

75. Where a suit is wholly or partly dismissed under Orders IX rule 8 of CPC, the plantiff
(a) may bring a fresh suit.
(b) shall be precluded from bringing a fresh suit.
(c) may bring fresh suit with the permission of court.
(d) None of these

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Answer – (B)

76. Section 89 of the Code of Civil Procedure deals with which one of the followings ?
(a) Appointment of receiver
(b) Interpleader suit
(c) Settlement of disputes outside the court
(d) Execution of decree

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Answer – (C)

77. ‘Judgement’ means
(a) Part of the decree
(b) Statement of judges on the grounds of a decree or order
(c) Adjudication of rights
(d) None of these

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Answer – (B)

78. Under which of the following provisions of C.P.C., a plaint is rejected by the court in absence of cause of action ?
(a) Order VII rule 11 (f)
(b) Order VII rule 11 (b)
(c) Order VII rule 11 (e)
(d) Order VII rule 11 (a)

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Answer – (D)

79. Which one of the following statement is not true in relation to power of appellate court under Code of Civil Procedure ?
(a) It can determine a case finally.
(b) It can remand a case.
(c) It cannot take additional evidence.
(d) It can frame issue and refer them for trial.

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Answer – (C)

80. An appeal shall not lie from which of the following order under the Code of Civil Procedure ?
(a) Section 35 A
(b) Section 35 B
(c) Section 95
(d) Section 91

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Answer – (B)

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