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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81. Who amongst the following may sue for public nuisance and other wrongful acts affecting the public ?
(a) The Advocate General only.
(b) With the leave of the court by two or more persons only.
(c) Anybody who is affected by it.
(d) (a) and (b) both

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Answer – (D)

82. “A bundle of facts which taken with the law applicable to them gives the plaintiff the right to relief against the defendant.” It is called as
(a) Plaint
(b) Written statement
(c) Cause of action
(d) None of these

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Answer – (C)

83. What shall be status a suit on party’s death ?
(a) The death of plaintiff will abate the suit.
(b) The death of the defendant will abate the suit.
(c) Both (a) and (b) above
(d) The death of plaintiff or defendant will not cause the suit to abate if the right to sue survives.

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Answer – (D)

84. Place of suing is mentioned in which part of Civil Procedure Code ?
(a) Part I
(b) Part II
(c) Part III
(d) Part IV

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Answer – (A)

85. A situation where a person who is either a necessary party or proper party has not been joined in the suit, is called
(a) Non-joinder
(b) Mis-joinder
(c) Adjoinder
(d) None of these

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Answer – (A)

86. ‘A’ deposits a box of jewels with ‘B’, who is a well reputed person of his area. ‘C’ alleges that the jewels were wrongfully obtained from him by ‘A’, and claims them from ‘B’. Legally ‘B’ has which of the following options ?
(a) to return the jewels to ‘A’
(b) to deposit the jewels with police
(c) to institute an interpleader suit against ‘A’ and ‘C’
(d) None of these

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Answer – (C)

87. Which one of the following is not a dispute settlement procedure referred under Section 89 of the Code of Civil Procedure ?
(a) Arbitration
(b) Negotiation
(c) Conciliation
(d) Mediation

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Answer – (B)

88. Which of the following is/are the fundamental rules of pleading as set forth under order 6, Rule 2 of the Code of Civil Procedure ?
(a) Every pleading must state facts and not law only.
(b) It must state material facts only.
(c) It must state such facts in a concise form only.
(d) All of these

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Answer – (D)

89. A suit for partition contains which of the following decree ?
(a) Only preliminary decree
(b) Only Intermediate decree
(c) Final decree
(d) Both (a) and (c)

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Answer – (D)

90. Which of the following deals with the exemption of members of legislative bodies from arrest and detention under the Code of Civil Procedure :
(a) Section 139 B
(b) Section 132 A
(c) Section 135 A
(d) Section 140 A

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Answer – (C)

91. Which of the following Sections of the Code of Civil Procedure deals with stay of suit ?
(a) Section 16
(b) Section 10
(c) Section 13
(d) Section 12

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Answer – (B)

92. Which of the following deals with service of process on pleader in the Code of Civil Procedure ?
(a) Order 3, Rule 5
(b) Order 2, Rule 2
(c) Order 7, Rule 3
(d) Order 4, Rule 8

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Answer – (A)

93. In which of the following case the Supreme Court held that, “where the witness became confused in the course of his examination, the court could put questions to him to elicit the truth ?
(a) State of Rajasthan Vs. Eni
(b) D.C. Wadhwa Vs. State of Bihar
(c) Shankari Pradad Vs. Union of India
(d) Lila Dhar Vs. State of Rajasthan

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Answer – (A)

94. Which of the following grounds is not a appropriate ground for temporary injunction under the Code of Civil Procedure ?
(a) That any property in dispute is in danger of being wasted.
(b) That the defendant threatens to dispose of his property.
(c) That the property in dispute is likely to be acquired by the government.
(d) None of these

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Answer – (C)

95. Which one of the following sections of the Indian Evidence Act makes relevant the opinion of the certifying authority which issued the electronic signature ?
(a) Section 45-A
(b) Section 47-A
(c) Section 53-A
(d) Section 73-A

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Answer – (B)

96. Confession of one accused person is relevant against another co-accused person under which following sections of the Indian Evidence Act ?
(a) Section 26
(b) Section 27
(c) Section 30
(d) Section 29

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Answer – (C)

97. Which of the following sections of the Indian Evidence Act deals with secondary evidence ?
(a) Section 60
(b) Section 62
(c) Section 63
(d) Section 65

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Answer – (C)

98. Dying declaration to be admissible in evidence which one of the following is not necessary ?
(a) That it should relate to the cause of death of the person making such statement.
(b) That the person making of the statement was under the expectation of death.
(c) That it relates to the circumstances of the transaction which resulted in his death.
(d) All of these

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Answer – (B)

99. In respect of digital signature, which of the following is a relevant fact ?
(a) The court may direct that person or authority to produce the digital signature certificate.
(b) That he himself recognizes his signature before the court.
(c) Any other person recognizes his signature before the court.
(d) Such digital signature is not admissible in any proceeding before the court.

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Answer – (A)

100. When can prosecution be allowed to ask leading question to its own witness ?
(a) In examination in chief
(b) In re-examination
(c) When the witness is declared hostile
(d) In all circumstances

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Answer – (C)

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