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Important Civil Law Questions for Delhi Judiciary Exam 2022

Author : Palak Khanna

March 30, 2022

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The Delhi Judicial Service Examination is conducted by the Delhi High court for the job of the civil judge in the judiciary department of Delhi.

The prelims exam was conducted on 27th March 2022. This year there are 123 vacancies which are announced by the Delhi High court for the civil judge post.

The Delhi Judicial service examination consists of 3 stages i.e. Preliminary examination, Mains examination, and Viva Voce.

The Preliminary examination is a multiple choice type question examination. The preliminary examination consists of 200 questions of 1 mark each. There is a negative marking of 0.25 marks for each wrong answer.

In the preliminary examination questions will be asked from 2 subjects i.e. General Knowledge and Legal Knowledge only.

The mains examination is the second stage of the Delhi judicial service examination selection process.

The mains examination is of 850 marks and 850 marks are divided into 4 sections i.e. 1. General Knowledge and Language section of 250 marks, 2. Civil - I section of 200 marks, 3. Civil - II section of 200 marks, and 4. Criminal Law section of 200 marks.

The Viva Voce is for 150 marks.

In this article, you will get to know the important civil law questions for DJSE

Important Topics of Civil Law subject 

The following are some of the important topics under Civil law for the upcoming Delhi Judiciary Exam.

Civil Law-1 (200 Marks)

  • Specific Relief Act
  • Mohammedan Law
  • Indian Partnership Act
  • Hindu Law
  • Indian Sale of Goods Act
  • Law of Torts
  • Indian Contract Act
  • Delhi Rent Control Act

Civil Law-II (200 Marks)

Check out the important topics under Civil Law II and enhance your Delhi Judiciary Exam Preparation.

  • Law of Evidence
  • Law of Registration
  • Civil Procedure Code
  • Law of Limitation

Important Civil Law Questions for DJSE

To help you get an idea about the type of questions asked in the exam, we have provided a few important questions that are curated from the previous year's Delhi Judiciary Question Papers.

Question 1: In Hindu Marriage Act, 1955, ‘Degrees of Prohibited Relationship’ is defined under: 

(a). Section 3 (b)

(b). Section 3 (c)

(c). Section 3 (e)

(d). Section 3 (g)

Answer: (d). Section 3 (g)

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Explanation:

Defined under section 3 (g) of the Hindu Marriage Act, 1955 marriage is void if parties are within a prohibited relationship. 

Two persons are said to be within the degrees of prohibited relationships: if one is a lineal ascendant of the other. For example, a Daughter can not marry her father and grandfather. Similarly, a mother can not marry her son or grandson.

Question 2: Registration of Marriage has been made compulsory by the Hindu Marriage Act, 1955 under:

(a). Section 10

(b). Section 9

(c). Section 8

(d). Section 12

Answer: (c). Section 8

Explanation: 

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judiciary Mock test

Section 8 of the Hindu Marriage Act, 1955 lays down for registration of marriages. Registration under this Act is to facilitate the person to have proof of marriage by way of registration. The State Government has been empowered to make rules for the registration of marriage.

This Act is introduced just to have proof that you are married because in 1900s there was no such video camera to shoot your wedding or any means to prove your marriage so, the government has decided to introduce a Law that will give you the proof of your marriage.

So, the registration of marriage has been made compulsory by the virtue of section 8.

Question 3: A child born out of the void and voidable marriage under Hindu Law is:

(a). Legitimate 

(b). Illegitimate

(c). Illegal

(d). None of the Above

Answer: (a). Legitimate

Explanation:

Section 11 and Section 12 of the Hindu Marriage Act, 1955 is a remedy for the parties, who are in a void and voidable marriage. After the enactment of the Amendment Act, 1976 the child born out of the void and voidable marriage shall be termed legitimate.

Question 4: Which one of the following is not a ground for divorce under the Hindu Marriage Act, 1955?

(a). Apostasy

(b). Insanity

(c). Venereal Disease

(d). Epilepsy

Answer: (d). Epilepsy

Explanation:

Apostasy - Apostasy means where I have left my own religion and accepted any other religion. In this situation, you can take a divorce easily,

Insanity - In this case also divorce is allowed.

Venereal Disease - Venereal disease is a disease that is caused by the sexual transamination of one another. In this case, also divorce is allowed.

Epilepsy -  In this case, divorce is not allowed because Epilepsy means someone gets fitts regularly so in that case, you cannot give divorce to someone because it is a medical illness, and in medical illness case divorce is not allowed.

Section (1) (iv) in the Hindu Marriage Act, 1955, Leprosy is both grounds for divorce and judicial separation. A mild type of leprosy that is capable of treatment is neither grounds for divorce nor for judicial separation. 

Read more: Short tricks to enhance your English preparation for the Delhi Judiciary exam

Question 5: A Hindu male of 28 years of age adopts a female child of 13 years of age. The adoption is:

(a). Valid

(b). Voidable

(c). Void

(d). Illegal

Answer: (c). Void

Explanation:

The adoption is void because according to section 11 of the Hindu Adoption and Maintenance Act. Section 11 of the Hindu adoption and maintenance Act says that any single boy who wants to adopt a girl or any single girl who wants to adopt a girl can adopt them only if there is an age gap of 21 years between them.

So, in this question, there is an age gap of 15 years so this adoption is Void.

Question 6: Section 9 of the Hindu Marriage Act, 1955 was held to be ‘intra - vires’ of the constitution by the Supreme Court in the case of:

(a). Saroj Rani v. Sudarshan Kumar

(b). Seema v. Ashwini Kumar

(c). Shanta Dev v. Kanchan Prabha Devi

(d). Mahendra v. Susheela Bai

Answer: (a). Saroj Rani v. Sudarshan Kumar

Question 7: A Marriage may be declared null and void under Section 11 of the Hindu Marriage Act, 1955, if

(a). At the time of marriage, one of the parties was incapable of giving valid consent to it in consequence of unsoundness of mind.

(b). The parties are within the degree of prohibited relationship.

(c). At the time of marriage, one of the parties was subject to recurrent attacks of insanity.

(d). All of the above.

Answer: (b). The parties are within the degree of a prohibited relationship.

Explanation:

If a marriage contravenes the conditions specified in Section V clauses (i), (iv), and (v) of the Act, Either the husband or wife can file a petition and obtain a decree and the marriage shall be null and void. Provisions related to the nullity of marriage and divorce are in Section 11 of this Act.

Option (a) and option (c) are from section V clause (ii). So it is not considered to null and void marriage. Only option (b) that comes under section V (iv) clause is valid to null and void the marriage.

So, the correct answer is an option (b).

Question 8: Which one of the following cases decided by the Supreme Court is related to ‘mental cruelty?

(a). Sayal v. Sarla

(b). Dastane v. Dastane

(c). Rita Nijhawan v. Raj Kishan Nijhawan

(d). Rooplal v. Kartaro

Answer: (b). Dastane v. Dastane

Explanation:

 This is the first case where mental cruelty is considered as a reason for the divorce. Because earlier only physical cruelty was considered as the reason for the divorce but not after this case mental cruelty is also considered as the reason for divorce.

In this case, the woman was suffering from liberia malaria but after some operations and treatment, she was fine. Then after that, she got married to a man and that man has put some restrictions on the woman that she can do this only and can speak to this person only. Due to this the woman used to get irritated and frustrated so the man has decided to get divorced he has proved in court that the woman was suffering from Liberia malaria till now and she is not fine.

Question 9: Concealment by the respondent of pre-marriage pregnancy by some person other than the petitioner can make a marriage.

(a). Void

(b). Voidable

(c). Illegal

(d). Valid

Answer: (b) Voidable

Explanation:

Section 8 (1) (d) of the 1950 Act provides that a marriage shall be voidable on the ground that the respondent was at the time of the marriage pregnant by some person other than the petitioner, but that the Court shall not grant a decree unless it is satisfied that the petitioner was at the time of the marriage ignorant of the facts alleged, that proceedings were instituted within a year from the date of the marriage, and that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the grounds for a decree."

Question 10: Under Section 8 of the Hindu Succession Act, 1956 the correct order of priority of succession is reflected as follows:

(a). Class I heirs, Class II heirs, Cognates, Agnates

(b). Agnates, Cognates, Class II heirs, Class II heirs

(c). Cognates, Agnates, Class II heirs, Class I heirs.

(d). Class I heirs, Class II heirs, Agnates, Cognates

Answer: (d). Class I heirs, Class II heirs, Agnates, Cognates

Explanation: 

Agnates - A person descended from the same male ancestor as another specified or implied person, especially through the male line. Agnates are through males, males include Grandfather, father, son, grandson these all are Agnates.

Cognates - (Entry 1 of 2) 1: of the same or similar nature: genetically alike the cognate fields of film and theatre. 2: related by blood a family cognate with another also: related on the mother's side. 3a: related by descent from the same ancestral language Spanish and French are cognate languages. Cognates are through females, females include Grandmother, Mother, Daughter, Granddaughter these all are cognates.

Class I heirs - As per the Schedule to the Indian Succession Act, 1925, for your father's estate, the class I legal heirs would be your mother (his wife or widow), you and your siblings (if any), your father's mother (if she is alive), widows and children of your predeceased siblings (if any), among others.

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judiciary online coaching

Question 11: The prescribed period of limitation for preferring an appeal under Section 28 of the Hindu Marriage Act, 1955 is:

(a). Thirty days

(b). Forty-Five days

(c). Sixty days

(d). Ninety days

Answer: (d) Ninety Days

Explanation:

Every appeal under this section shall be preferred within a [period of ninety days] from the date of the decree or order.

Question 12: A boy of 15 years of age may validly be taken into adoption under the Hindu Adoptions and Maintenance Act

(a). By contract between parties.

(b). If customer usage is applicable to parties so permits.

(c). By consent of the father of the child.

(d). By consent of the mother of the child.

Answer: (b). If customer usage is applicable to parties so permits.

Explanation:

Section 10 of the Hindu Adoption and Maintenance Act deals with this type of adoption case. And also tells you who all are available for adoption and who are not available for adoption.

In this section, there is a clause related to this question. 

Question 13: In giving a child in adoption by the Hindu Father, the requirement of the consent of the mother can be dispensed with if

(a). She has been declared to be of unsound mind by the court of competent jurisdiction.

(b). She has finally and completely renounced the world.

(c). She has ceased to be Hindu.

(d). All of the Above

Answer: (d). All of the Above

Explanation:

Section 9 (2) says that the consent of the mother can be dispensed if the mother has ceased to be Hindu If on conversion mother loses all her rights over her child it may be tantamount to negation of the Fundamental Right guaranteed under Art. 25 of the Constitution.

Question 14: A Hindu wife is entitled to claim maintenance after the death of her husband from her father-in-law under.

(a). Section 10 of the Hindu Succession Act, 1956.

(b). Section 24 of the Hindu Marriage Act, 1955

(c). Section 25 of the Hindu Marriage Act, 1955

(d). Section 19 of the Hindu Adoption and Maintenance Act, 1956.

Answer: (d). Section 19 of the Hindu Adoption and Maintenance Act, 1956.

Explanation:

Sambre, J., while addressing a petition with regard to grant of maintenance held that under Section 19 of the Hindu Adoption and Maintenance Act, 1956 wife has every right to claim the maintenance after the death of the husband from the estate inherited by her father-in-law.

Question 15: The Hindu Minority and Guardianship Act, 1956 is not applicable to:

(a). Schedule Tribes, unless notified by the central government.

(b). Jains

(c). Reno cants of the Union Territory of Pondicherry

(d). Both (a) and (c) above

Answer: (d). Both (a) and (c) above

Explanation:

The Hindu Minority and Guardianship Act was established in the year 1956 as part of the Hindu Code Bills. This act extends to the whole of India except the State of Jammu & Kashmir and applies to Hindus domiciled in our country.

Section 3 tells us about the not applicable.

Question 16: The principles laid down in the case of Jijabai Vithalrao Gajre v. Pathan Khan are related to:

(a). Dissolution of Marriage

(b). Succession

(c). Adoption

(d). Minority and Guardianship

Answer: (d). Minority and Guardianship

Question 17: Essential requirements of a Muslim marriage are:

(a). Qabul only

(b). IJab only

(c). Both Qabul and iJab

(d). None of these

Answer: (c). Both Qabul and Ijab

Explanation:

Ordinarily, we know that marriage among Muslims is a contract. So, you can understand the essentials of the Contract.

Marriage is contracted by the parties themselves (if major) or by their guardians itself. Under Sunni law, the presence of witnesses is essential else the marriage would be irregular. At least two male or one male and two female witnesses should be present and the witness should be a major, of sound mind and a Muslim

Question 18: During the term of ‘Muta Marriage’:

(a). The wife has a right to divorce.

(b). The husband has a right to divorce.

(c). Husband and wife both have a right to divorce.

(d). Neither the husband nor the wife has a right to divorce.

Answer: (d). Neither the husband nor the wife has a right to divorce.

Explanation:

Muta Marriage is a marriage for a fixed period of time that is only for sexual pleasure. Muslim Law in the Shia sect (Athna Ashria school) recognizes the concept of Muta Marriage.

No right of divorce is recognized in muta, but the husband may, at his will, put an end to the contract by 'making a gift of the term' to the wife, even before the term ends. The wife's consent is not required for such termination. 7. Dower is a necessary condition of muta.

Question 19: In a Muslim marriage where the age of the bride is below the age of puberty but consent for marriage was given by the guardian, the marriage is.

(a). Unlawful

(b). Voidable

(c). Void

(d). Irregular

Answer: (b). Voidable

Explanation:

This marriage is voidable only if the girl wants to end her marriage before the age of puberty only. After the age of puberty, this voidable of marriage rests.

Question 20: A marriage between persons with a consanguinity relationship under Muslim Law is:

(a). Sahih

(b). Fasid

(c). Batil

(d). None of these

Answer: (c). Batil

Explanation:

Sahih means valid

Fasid means irregular

Batil means Void

Consanguinity - It means a person is barred from marrying his close blood relatives like his niece, sister, aunt, etc. Affinity- It means a person is prohibited to marry someone in close relations, for example, his wife's daughter, son's wife, etc

Question 21: Under Muslim Law, the marriage whether consummated or not, Iddat has to be observed in case of

(a). Divorce by husband only

(b). Death of husband only

(c). Both Divorce by husband and death of the husband

(d). None of the above,

Answer: (c). Both Divorce by husband and death of husband

Explanation:

In Islam, iddah or iddat is the period a woman must observe after the death of her husband or after a divorce, during which she may not marry another man.

Question 22: In Muslim Law, Divorce by Lian is a right available to the

(a). Wife only

(b). Husband only

(c). Both husband and wife

(d). Neither husband nor wife

Answer: (a). Wife only

Explanation:

Lian means that the husband has put the allegation on the wife that she is APAVITRE.so in that case the wife has the authority to divorce the husband.

Question 23: Under Muslim Law, a ‘Will’ may be made of

(a). One-fourth of property

(b). One-third of property

(c). One-half of property

(d). Entire property.

Answer: (b). One-third of the property

Explanation:

 Muslim law does not expressly propound any specific formalities for the execution of the Will. The intention of the legator plays a crucial role in validating a Will. The intention must be explicit, clear, and unequivocal in nature. A Will can be made either orally or in writing or even by gestures. 

If the person is alive then he can distribute his entire property but through ‘Will’ he can only distribute his or her one-third of the property only.

Question 24: Under Muslim Law, If the donee dies before acceptance of gift, then ‘the gift is’

(a). Void

(b). Voidable

(c). Valid

(d). Convertible into Will

Answer: (a). Void

Explanation: 

Acceptance of gift by the Donee Without acceptance, the gift is considered to be incomplete. Since under Islamic law, Hiba is treated as a bilateral transaction, therefore, it is important that the proposal made by the donor to transfer the ownership of the property must be accepted by the donor.

Question 25: Under Muslim Law, a prompt dower is payable

(a). At the time of marriage

(b). When demanded by wife

(c). At the death of the husband

(d). At the time of divorce by the husband

Answer: (b). When demanded by wife

Explanation: 

Prompt dower: It is payable immediately after marriage on demand. Deferred dower: It is paid after the dissolution of marriage either by death or divorce

Question 26: In Shia Muslim marriage how many witnesses are compulsorily required?

(a). One male and two females

(b). Two males

(c). No witness

(d). Two females

Answer: (c). No Witness

Explanation: 

The Sunni School of Muslim law specifically requires two witnesses to present while the Shia School of Law does not require the presence of a witness in any matter regarding marriage.

Question 27: Executor of a ‘Will’ of a Muslim may be

(a). A Muslim only

(b). A Christian only

(c). A Hindu only

(d). Either a Muslim, Hindu, or Christian.

Answer: (d). Either a Muslim, Hindu, or Christian.

Explanation:

An executor of a Muslim's will is his legal representative for all reasons and all the property of the deceased vests in him; in this manner, he has the ability to dispose of the property at the appointed time.

The executor of the ‘Will’ is not necessarily should be a Muslim only it can be anybody from any religion.

Question 28: In which one of the following cases was it held that ‘only in case of triple Talaq Halala is mandatory before remarrying to the same husband’?

(a). Mohd. Razak v. Mohd. Azmi

(b). Mohd. Ghafoor v. Sabina

(c). Mrs. Sabah Adnan Sami v. Adnan Sami

(d). Mohd. Akbaz v. Sabana

Answer: (c). Mrs. Sabah Adnan Sami v. Adnan

Question 29: Under Muslim Law, a man is forbidden to have two wives at the same time, if related to each other by

(a). Consanguinity

(b). Affinity

(c). Fosterage 

(d). All of these

Answer: (d). All of these

Explanation:

A Muslim man is prohibited to marry two different women if they are related to each other by means of consanguinity, affinity or fosterage as if they would have been of opposite sexes their marriage would have been void (batil).

Question 30: Which one of the following Law commissions made the draft of the Transfer of Property Act?

(a). First Law commission

(b). Second Law commission

(c). Third Law commission

(d). Fourth Law commission

Answer: (a). First Law commission

Question 31: Which one of the following is not immovable property?

(a). Surface of Land

(b). Rivers on the surface of the land

(c). Standing Timbers

(d). Things attached to the earth

Answer: (c). Standing Timbers

Explanation:

This will be standing timber because it is obvious and decided that trees will be cut so we can’t consider standing timbers in immovable property.

Question 32: Section 19 of the transfer of property Act is related to:

(a). Vested Interest

(b). Contingent Interest

(c). Accumulated Interest

(d). All of the above

Answer: (a). Vested Interest

Explanation:

On a transfer of property, an interest therein is created in favor of a person without specifying the time when it is to take effect, or in terms specifying that it is to take effect forthwith or on the happening of an event which must happen, such interest is vested, unless a contrary intention appears from the terms of the transfer. A vested interest is not defeated by the death of the transferee before he obtains possession.

Question 33: In which of the following cases, a lease of immovable property does not determine?

(a). On the service of a notice to quit

(b). By forfeiture

(c). By express surrender

(d). By the efflux of time-limited thereby

Answer: (a). On the service of a notice to quit

Question 34: ‘A’ lets the farm to ’B’ on the condition that he shall walk a hundred miles in an hour. The lease is void under

(a). Section 23 of T . P . A.

(b). Section 24 of T . P . A.

(c). Section 25 of T . P . A.

(d). None of the above.

Answer: (c). Section 25 of T . P . A.

Question 35: “A’ transfers a house, having market value of Rs. 10,000 without consideration to ‘B’ but the house is under liability to pay public charges of Rs. 15,000. The transfer is:

(a). Gift

(b). Onerous gift

(c). Actionable Claim

(d). None of the above

Answer: (b). Onerous gift

Question 36: For determination of lease from year to year under section 106 of transfer of property act, the notice period is:

(a). Three months

(b). Six months

(c). One month

(d). Fifteen days

Answer: (b). Six months

Explanation:

Notice to terminate the lease (Section 106 of the Transfer of Property Act,1882) In the absence of a written lease contract, the lessee will be given 6 months' notice to terminate the lease, if it is used for agricultural or manufacturing purposes on a yearly basis.

Question 37: ‘A’ gives one lakh rupees to ‘B’ , reserving to himself with B’s assent, the right to take back at pleasure Rs. 10,000 out of one lakh. The gift 

(a). Is wholly void

(b). Is invalid

(c). Holds good as Rs. 90,000

(d). Is onerous.

Answer: (c). Holds good as Rs. 90,000

Question 38: Order 29 of Civil Procedure Code is related to:

(a). Suits by Government

(b). Suits by Pauper

(c). Suits by or against corporation

(d). None of the above

Answer: (c). Suits by or against corporation

Explanation:

Order 29 Civil Procedure Code Description. In suits by or against a corporation, any pleading may be signed and verified on behalf of the corporation by the security or by any director or other principal officer of the corporation who is able to depose to the facts of the case.

Question 39: Which one of the following sections of Civil Procedure Code prohibits arrest and detention of women in execution of decree for money?

(a). Section 55 

(b). Section 56

(c). Section 59 

(d). Section 60

Answer: (b). Section 56

Question 40: Under Civil Procedure Code, a court may appoint a ‘receiver’ of any property

(a). Only before the decree

(b). Only after the decree

(c). Before or after the decree

(d). None of the above

Answer: (c). Before or after the decree

Explanation: 

According to the civil procedure code, the court before which the proceedings are pending can appoint a receiver if it appears just and convenient to the court to appoint such receiver [section 51(d)]. It is within the discretionary power of the court to appoint the receiver.

Question 41: Under Civil Procedure Code, where a person who is a necessary party to a suit, is not impleaded in the suit, the matter is of

(a). Non - Joinder

(b). Mis - joinder

(c). Both (a) and (b) above

(d). None of the above

Answer: (a). Non - Joinder

Explanation:

  1. A “necessary party” is a person who ought to have been joined as a party and in whose absence no effective decree could be passed at all by the court. 
  1. If a “necessary party” is not impleaded, the suit itself is liable to be dismissed.

Question 42: Under Civil Procedure Code what may be substituted for summons where the defendant is, in the opinion of the court, of a rank entitling him to such mark of consideration?

(a). Notice

(b). Letter

(c). Direction

(d). Request.

Answer: (b). Letter

Question 43: The death of a plaintiff or defendant shall not cause the suit to abate, if

(a). The cause of action survives

(b). The relief survives

(c). The right to sue survives

(d). All of the above

Answer: (c). The right to sue survives

Explanation: 

In a situation if two or more persons bring an action to the court and if in that course one of them dies then the action will not abate if the cause of action survives.

Question 44: Which of the following methods cannot be adopted by the court for execution of decree under section 51 of the Civil Procedure Code? 

(a). By delivery of any property specifically decreed

(b). By attachment and sale of property

(c). By issue of summons to party

(d). By appointing a receiver

Answer: (c). By issue of summons to party

Question 45: Under the Civil Procedure Code where the defendant is absent from his residence at the time when service of summoning is sought to be effected, service may be made on

(a). Servant of the defendant

(b). The adult son of the defendant

(c). Minor daughter of the defendant

(d). Clerk of the defendant

Answer: (b). Adult son of the defendant

Frequently Asked Questions

For Delhi Judiciary prelims exams it is really important to have a sound knowledge of Bare acts, along with the clarity of concept as most of the questions in the DJS prelims law section are based on the interpretation of the law and practice as many  Multiple Choice Questions as you can from the topics that have been covered on a daily basis from online mocks or Judiciary reference books.

It will help you to learn more about the test format, the difficulty level of the test, and the weightage of each subject in the examination which will boost your speed, performance, and accuracy.

For General Knowledge Preparation Lucent’s general knowledge is more than sufficient.

For Current Affairs reading the newspaper daily is a must and, apart from that, you can also refer to the monthly news and events magazine, or mobile applications such as GK Today.

Practice as many objective questions as you can, for english you can refer to Objective General English by R.S. Aggarwal.

Any decent newspaper for the preparation of Current Affairs can be read. Typically Indian Express is favoured by Delhi judicial service aspirants because of its correct and concise articles.

You can go through the above post to know short tricks and tips that will help you make the best Delhi Judiciary prelims study plan.

Most of the questions asked in the Judicial Services Exams are from the illustrations of bare act. Hence, learning bare act is first step to clear the judicial services exam.
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Important Civil Law Questions for Delhi Judiciary Exam 2022

Author : Palak Khanna

Updated On : March 30, 2022

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The Delhi Judicial Service Examination is conducted by the Delhi High court for the job of the civil judge in the judiciary department of Delhi.

The prelims exam was conducted on 27th March 2022. This year there are 123 vacancies which are announced by the Delhi High court for the civil judge post.

The Delhi Judicial service examination consists of 3 stages i.e. Preliminary examination, Mains examination, and Viva Voce.

The Preliminary examination is a multiple choice type question examination. The preliminary examination consists of 200 questions of 1 mark each. There is a negative marking of 0.25 marks for each wrong answer.

In the preliminary examination questions will be asked from 2 subjects i.e. General Knowledge and Legal Knowledge only.

The mains examination is the second stage of the Delhi judicial service examination selection process.

The mains examination is of 850 marks and 850 marks are divided into 4 sections i.e. 1. General Knowledge and Language section of 250 marks, 2. Civil - I section of 200 marks, 3. Civil - II section of 200 marks, and 4. Criminal Law section of 200 marks.

The Viva Voce is for 150 marks.

In this article, you will get to know the important civil law questions for DJSE

Important Topics of Civil Law subject 

The following are some of the important topics under Civil law for the upcoming Delhi Judiciary Exam.

Civil Law-1 (200 Marks)

  • Specific Relief Act
  • Mohammedan Law
  • Indian Partnership Act
  • Hindu Law
  • Indian Sale of Goods Act
  • Law of Torts
  • Indian Contract Act
  • Delhi Rent Control Act

Civil Law-II (200 Marks)

Check out the important topics under Civil Law II and enhance your Delhi Judiciary Exam Preparation.

  • Law of Evidence
  • Law of Registration
  • Civil Procedure Code
  • Law of Limitation

Important Civil Law Questions for DJSE

To help you get an idea about the type of questions asked in the exam, we have provided a few important questions that are curated from the previous year's Delhi Judiciary Question Papers.

Question 1: In Hindu Marriage Act, 1955, ‘Degrees of Prohibited Relationship’ is defined under: 

(a). Section 3 (b)

(b). Section 3 (c)

(c). Section 3 (e)

(d). Section 3 (g)

Answer: (d). Section 3 (g)

Download FREE Study Material for Delhi Judiciary Exam by Judiciary Gold

Explanation:

Defined under section 3 (g) of the Hindu Marriage Act, 1955 marriage is void if parties are within a prohibited relationship. 

Two persons are said to be within the degrees of prohibited relationships: if one is a lineal ascendant of the other. For example, a Daughter can not marry her father and grandfather. Similarly, a mother can not marry her son or grandson.

Question 2: Registration of Marriage has been made compulsory by the Hindu Marriage Act, 1955 under:

(a). Section 10

(b). Section 9

(c). Section 8

(d). Section 12

Answer: (c). Section 8

Explanation: 

judiciary mock test

judiciary Mock test

Section 8 of the Hindu Marriage Act, 1955 lays down for registration of marriages. Registration under this Act is to facilitate the person to have proof of marriage by way of registration. The State Government has been empowered to make rules for the registration of marriage.

This Act is introduced just to have proof that you are married because in 1900s there was no such video camera to shoot your wedding or any means to prove your marriage so, the government has decided to introduce a Law that will give you the proof of your marriage.

So, the registration of marriage has been made compulsory by the virtue of section 8.

Question 3: A child born out of the void and voidable marriage under Hindu Law is:

(a). Legitimate 

(b). Illegitimate

(c). Illegal

(d). None of the Above

Answer: (a). Legitimate

Explanation:

Section 11 and Section 12 of the Hindu Marriage Act, 1955 is a remedy for the parties, who are in a void and voidable marriage. After the enactment of the Amendment Act, 1976 the child born out of the void and voidable marriage shall be termed legitimate.

Question 4: Which one of the following is not a ground for divorce under the Hindu Marriage Act, 1955?

(a). Apostasy

(b). Insanity

(c). Venereal Disease

(d). Epilepsy

Answer: (d). Epilepsy

Explanation:

Apostasy - Apostasy means where I have left my own religion and accepted any other religion. In this situation, you can take a divorce easily,

Insanity - In this case also divorce is allowed.

Venereal Disease - Venereal disease is a disease that is caused by the sexual transamination of one another. In this case, also divorce is allowed.

Epilepsy -  In this case, divorce is not allowed because Epilepsy means someone gets fitts regularly so in that case, you cannot give divorce to someone because it is a medical illness, and in medical illness case divorce is not allowed.

Section (1) (iv) in the Hindu Marriage Act, 1955, Leprosy is both grounds for divorce and judicial separation. A mild type of leprosy that is capable of treatment is neither grounds for divorce nor for judicial separation. 

Read more: Short tricks to enhance your English preparation for the Delhi Judiciary exam

Question 5: A Hindu male of 28 years of age adopts a female child of 13 years of age. The adoption is:

(a). Valid

(b). Voidable

(c). Void

(d). Illegal

Answer: (c). Void

Explanation:

The adoption is void because according to section 11 of the Hindu Adoption and Maintenance Act. Section 11 of the Hindu adoption and maintenance Act says that any single boy who wants to adopt a girl or any single girl who wants to adopt a girl can adopt them only if there is an age gap of 21 years between them.

So, in this question, there is an age gap of 15 years so this adoption is Void.

Question 6: Section 9 of the Hindu Marriage Act, 1955 was held to be ‘intra - vires’ of the constitution by the Supreme Court in the case of:

(a). Saroj Rani v. Sudarshan Kumar

(b). Seema v. Ashwini Kumar

(c). Shanta Dev v. Kanchan Prabha Devi

(d). Mahendra v. Susheela Bai

Answer: (a). Saroj Rani v. Sudarshan Kumar

Question 7: A Marriage may be declared null and void under Section 11 of the Hindu Marriage Act, 1955, if

(a). At the time of marriage, one of the parties was incapable of giving valid consent to it in consequence of unsoundness of mind.

(b). The parties are within the degree of prohibited relationship.

(c). At the time of marriage, one of the parties was subject to recurrent attacks of insanity.

(d). All of the above.

Answer: (b). The parties are within the degree of a prohibited relationship.

Explanation:

If a marriage contravenes the conditions specified in Section V clauses (i), (iv), and (v) of the Act, Either the husband or wife can file a petition and obtain a decree and the marriage shall be null and void. Provisions related to the nullity of marriage and divorce are in Section 11 of this Act.

Option (a) and option (c) are from section V clause (ii). So it is not considered to null and void marriage. Only option (b) that comes under section V (iv) clause is valid to null and void the marriage.

So, the correct answer is an option (b).

Question 8: Which one of the following cases decided by the Supreme Court is related to ‘mental cruelty?

(a). Sayal v. Sarla

(b). Dastane v. Dastane

(c). Rita Nijhawan v. Raj Kishan Nijhawan

(d). Rooplal v. Kartaro

Answer: (b). Dastane v. Dastane

Explanation:

 This is the first case where mental cruelty is considered as a reason for the divorce. Because earlier only physical cruelty was considered as the reason for the divorce but not after this case mental cruelty is also considered as the reason for divorce.

In this case, the woman was suffering from liberia malaria but after some operations and treatment, she was fine. Then after that, she got married to a man and that man has put some restrictions on the woman that she can do this only and can speak to this person only. Due to this the woman used to get irritated and frustrated so the man has decided to get divorced he has proved in court that the woman was suffering from Liberia malaria till now and she is not fine.

Question 9: Concealment by the respondent of pre-marriage pregnancy by some person other than the petitioner can make a marriage.

(a). Void

(b). Voidable

(c). Illegal

(d). Valid

Answer: (b) Voidable

Explanation:

Section 8 (1) (d) of the 1950 Act provides that a marriage shall be voidable on the ground that the respondent was at the time of the marriage pregnant by some person other than the petitioner, but that the Court shall not grant a decree unless it is satisfied that the petitioner was at the time of the marriage ignorant of the facts alleged, that proceedings were instituted within a year from the date of the marriage, and that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the grounds for a decree."

Question 10: Under Section 8 of the Hindu Succession Act, 1956 the correct order of priority of succession is reflected as follows:

(a). Class I heirs, Class II heirs, Cognates, Agnates

(b). Agnates, Cognates, Class II heirs, Class II heirs

(c). Cognates, Agnates, Class II heirs, Class I heirs.

(d). Class I heirs, Class II heirs, Agnates, Cognates

Answer: (d). Class I heirs, Class II heirs, Agnates, Cognates

Explanation: 

Agnates - A person descended from the same male ancestor as another specified or implied person, especially through the male line. Agnates are through males, males include Grandfather, father, son, grandson these all are Agnates.

Cognates - (Entry 1 of 2) 1: of the same or similar nature: genetically alike the cognate fields of film and theatre. 2: related by blood a family cognate with another also: related on the mother's side. 3a: related by descent from the same ancestral language Spanish and French are cognate languages. Cognates are through females, females include Grandmother, Mother, Daughter, Granddaughter these all are cognates.

Class I heirs - As per the Schedule to the Indian Succession Act, 1925, for your father's estate, the class I legal heirs would be your mother (his wife or widow), you and your siblings (if any), your father's mother (if she is alive), widows and children of your predeceased siblings (if any), among others.

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Question 11: The prescribed period of limitation for preferring an appeal under Section 28 of the Hindu Marriage Act, 1955 is:

(a). Thirty days

(b). Forty-Five days

(c). Sixty days

(d). Ninety days

Answer: (d) Ninety Days

Explanation:

Every appeal under this section shall be preferred within a [period of ninety days] from the date of the decree or order.

Question 12: A boy of 15 years of age may validly be taken into adoption under the Hindu Adoptions and Maintenance Act

(a). By contract between parties.

(b). If customer usage is applicable to parties so permits.

(c). By consent of the father of the child.

(d). By consent of the mother of the child.

Answer: (b). If customer usage is applicable to parties so permits.

Explanation:

Section 10 of the Hindu Adoption and Maintenance Act deals with this type of adoption case. And also tells you who all are available for adoption and who are not available for adoption.

In this section, there is a clause related to this question. 

Question 13: In giving a child in adoption by the Hindu Father, the requirement of the consent of the mother can be dispensed with if

(a). She has been declared to be of unsound mind by the court of competent jurisdiction.

(b). She has finally and completely renounced the world.

(c). She has ceased to be Hindu.

(d). All of the Above

Answer: (d). All of the Above

Explanation:

Section 9 (2) says that the consent of the mother can be dispensed if the mother has ceased to be Hindu If on conversion mother loses all her rights over her child it may be tantamount to negation of the Fundamental Right guaranteed under Art. 25 of the Constitution.

Question 14: A Hindu wife is entitled to claim maintenance after the death of her husband from her father-in-law under.

(a). Section 10 of the Hindu Succession Act, 1956.

(b). Section 24 of the Hindu Marriage Act, 1955

(c). Section 25 of the Hindu Marriage Act, 1955

(d). Section 19 of the Hindu Adoption and Maintenance Act, 1956.

Answer: (d). Section 19 of the Hindu Adoption and Maintenance Act, 1956.

Explanation:

Sambre, J., while addressing a petition with regard to grant of maintenance held that under Section 19 of the Hindu Adoption and Maintenance Act, 1956 wife has every right to claim the maintenance after the death of the husband from the estate inherited by her father-in-law.

Question 15: The Hindu Minority and Guardianship Act, 1956 is not applicable to:

(a). Schedule Tribes, unless notified by the central government.

(b). Jains

(c). Reno cants of the Union Territory of Pondicherry

(d). Both (a) and (c) above

Answer: (d). Both (a) and (c) above

Explanation:

The Hindu Minority and Guardianship Act was established in the year 1956 as part of the Hindu Code Bills. This act extends to the whole of India except the State of Jammu & Kashmir and applies to Hindus domiciled in our country.

Section 3 tells us about the not applicable.

Question 16: The principles laid down in the case of Jijabai Vithalrao Gajre v. Pathan Khan are related to:

(a). Dissolution of Marriage

(b). Succession

(c). Adoption

(d). Minority and Guardianship

Answer: (d). Minority and Guardianship

Question 17: Essential requirements of a Muslim marriage are:

(a). Qabul only

(b). IJab only

(c). Both Qabul and iJab

(d). None of these

Answer: (c). Both Qabul and Ijab

Explanation:

Ordinarily, we know that marriage among Muslims is a contract. So, you can understand the essentials of the Contract.

Marriage is contracted by the parties themselves (if major) or by their guardians itself. Under Sunni law, the presence of witnesses is essential else the marriage would be irregular. At least two male or one male and two female witnesses should be present and the witness should be a major, of sound mind and a Muslim

Question 18: During the term of ‘Muta Marriage’:

(a). The wife has a right to divorce.

(b). The husband has a right to divorce.

(c). Husband and wife both have a right to divorce.

(d). Neither the husband nor the wife has a right to divorce.

Answer: (d). Neither the husband nor the wife has a right to divorce.

Explanation:

Muta Marriage is a marriage for a fixed period of time that is only for sexual pleasure. Muslim Law in the Shia sect (Athna Ashria school) recognizes the concept of Muta Marriage.

No right of divorce is recognized in muta, but the husband may, at his will, put an end to the contract by 'making a gift of the term' to the wife, even before the term ends. The wife's consent is not required for such termination. 7. Dower is a necessary condition of muta.

Question 19: In a Muslim marriage where the age of the bride is below the age of puberty but consent for marriage was given by the guardian, the marriage is.

(a). Unlawful

(b). Voidable

(c). Void

(d). Irregular

Answer: (b). Voidable

Explanation:

This marriage is voidable only if the girl wants to end her marriage before the age of puberty only. After the age of puberty, this voidable of marriage rests.

Question 20: A marriage between persons with a consanguinity relationship under Muslim Law is:

(a). Sahih

(b). Fasid

(c). Batil

(d). None of these

Answer: (c). Batil

Explanation:

Sahih means valid

Fasid means irregular

Batil means Void

Consanguinity - It means a person is barred from marrying his close blood relatives like his niece, sister, aunt, etc. Affinity- It means a person is prohibited to marry someone in close relations, for example, his wife's daughter, son's wife, etc

Question 21: Under Muslim Law, the marriage whether consummated or not, Iddat has to be observed in case of

(a). Divorce by husband only

(b). Death of husband only

(c). Both Divorce by husband and death of the husband

(d). None of the above,

Answer: (c). Both Divorce by husband and death of husband

Explanation:

In Islam, iddah or iddat is the period a woman must observe after the death of her husband or after a divorce, during which she may not marry another man.

Question 22: In Muslim Law, Divorce by Lian is a right available to the

(a). Wife only

(b). Husband only

(c). Both husband and wife

(d). Neither husband nor wife

Answer: (a). Wife only

Explanation:

Lian means that the husband has put the allegation on the wife that she is APAVITRE.so in that case the wife has the authority to divorce the husband.

Question 23: Under Muslim Law, a ‘Will’ may be made of

(a). One-fourth of property

(b). One-third of property

(c). One-half of property

(d). Entire property.

Answer: (b). One-third of the property

Explanation:

 Muslim law does not expressly propound any specific formalities for the execution of the Will. The intention of the legator plays a crucial role in validating a Will. The intention must be explicit, clear, and unequivocal in nature. A Will can be made either orally or in writing or even by gestures. 

If the person is alive then he can distribute his entire property but through ‘Will’ he can only distribute his or her one-third of the property only.

Question 24: Under Muslim Law, If the donee dies before acceptance of gift, then ‘the gift is’

(a). Void

(b). Voidable

(c). Valid

(d). Convertible into Will

Answer: (a). Void

Explanation: 

Acceptance of gift by the Donee Without acceptance, the gift is considered to be incomplete. Since under Islamic law, Hiba is treated as a bilateral transaction, therefore, it is important that the proposal made by the donor to transfer the ownership of the property must be accepted by the donor.

Question 25: Under Muslim Law, a prompt dower is payable

(a). At the time of marriage

(b). When demanded by wife

(c). At the death of the husband

(d). At the time of divorce by the husband

Answer: (b). When demanded by wife

Explanation: 

Prompt dower: It is payable immediately after marriage on demand. Deferred dower: It is paid after the dissolution of marriage either by death or divorce

Question 26: In Shia Muslim marriage how many witnesses are compulsorily required?

(a). One male and two females

(b). Two males

(c). No witness

(d). Two females

Answer: (c). No Witness

Explanation: 

The Sunni School of Muslim law specifically requires two witnesses to present while the Shia School of Law does not require the presence of a witness in any matter regarding marriage.

Question 27: Executor of a ‘Will’ of a Muslim may be

(a). A Muslim only

(b). A Christian only

(c). A Hindu only

(d). Either a Muslim, Hindu, or Christian.

Answer: (d). Either a Muslim, Hindu, or Christian.

Explanation:

An executor of a Muslim's will is his legal representative for all reasons and all the property of the deceased vests in him; in this manner, he has the ability to dispose of the property at the appointed time.

The executor of the ‘Will’ is not necessarily should be a Muslim only it can be anybody from any religion.

Question 28: In which one of the following cases was it held that ‘only in case of triple Talaq Halala is mandatory before remarrying to the same husband’?

(a). Mohd. Razak v. Mohd. Azmi

(b). Mohd. Ghafoor v. Sabina

(c). Mrs. Sabah Adnan Sami v. Adnan Sami

(d). Mohd. Akbaz v. Sabana

Answer: (c). Mrs. Sabah Adnan Sami v. Adnan

Question 29: Under Muslim Law, a man is forbidden to have two wives at the same time, if related to each other by

(a). Consanguinity

(b). Affinity

(c). Fosterage 

(d). All of these

Answer: (d). All of these

Explanation:

A Muslim man is prohibited to marry two different women if they are related to each other by means of consanguinity, affinity or fosterage as if they would have been of opposite sexes their marriage would have been void (batil).

Question 30: Which one of the following Law commissions made the draft of the Transfer of Property Act?

(a). First Law commission

(b). Second Law commission

(c). Third Law commission

(d). Fourth Law commission

Answer: (a). First Law commission

Question 31: Which one of the following is not immovable property?

(a). Surface of Land

(b). Rivers on the surface of the land

(c). Standing Timbers

(d). Things attached to the earth

Answer: (c). Standing Timbers

Explanation:

This will be standing timber because it is obvious and decided that trees will be cut so we can’t consider standing timbers in immovable property.

Question 32: Section 19 of the transfer of property Act is related to:

(a). Vested Interest

(b). Contingent Interest

(c). Accumulated Interest

(d). All of the above

Answer: (a). Vested Interest

Explanation:

On a transfer of property, an interest therein is created in favor of a person without specifying the time when it is to take effect, or in terms specifying that it is to take effect forthwith or on the happening of an event which must happen, such interest is vested, unless a contrary intention appears from the terms of the transfer. A vested interest is not defeated by the death of the transferee before he obtains possession.

Question 33: In which of the following cases, a lease of immovable property does not determine?

(a). On the service of a notice to quit

(b). By forfeiture

(c). By express surrender

(d). By the efflux of time-limited thereby

Answer: (a). On the service of a notice to quit

Question 34: ‘A’ lets the farm to ’B’ on the condition that he shall walk a hundred miles in an hour. The lease is void under

(a). Section 23 of T . P . A.

(b). Section 24 of T . P . A.

(c). Section 25 of T . P . A.

(d). None of the above.

Answer: (c). Section 25 of T . P . A.

Question 35: “A’ transfers a house, having market value of Rs. 10,000 without consideration to ‘B’ but the house is under liability to pay public charges of Rs. 15,000. The transfer is:

(a). Gift

(b). Onerous gift

(c). Actionable Claim

(d). None of the above

Answer: (b). Onerous gift

Question 36: For determination of lease from year to year under section 106 of transfer of property act, the notice period is:

(a). Three months

(b). Six months

(c). One month

(d). Fifteen days

Answer: (b). Six months

Explanation:

Notice to terminate the lease (Section 106 of the Transfer of Property Act,1882) In the absence of a written lease contract, the lessee will be given 6 months' notice to terminate the lease, if it is used for agricultural or manufacturing purposes on a yearly basis.

Question 37: ‘A’ gives one lakh rupees to ‘B’ , reserving to himself with B’s assent, the right to take back at pleasure Rs. 10,000 out of one lakh. The gift 

(a). Is wholly void

(b). Is invalid

(c). Holds good as Rs. 90,000

(d). Is onerous.

Answer: (c). Holds good as Rs. 90,000

Question 38: Order 29 of Civil Procedure Code is related to:

(a). Suits by Government

(b). Suits by Pauper

(c). Suits by or against corporation

(d). None of the above

Answer: (c). Suits by or against corporation

Explanation:

Order 29 Civil Procedure Code Description. In suits by or against a corporation, any pleading may be signed and verified on behalf of the corporation by the security or by any director or other principal officer of the corporation who is able to depose to the facts of the case.

Question 39: Which one of the following sections of Civil Procedure Code prohibits arrest and detention of women in execution of decree for money?

(a). Section 55 

(b). Section 56

(c). Section 59 

(d). Section 60

Answer: (b). Section 56

Question 40: Under Civil Procedure Code, a court may appoint a ‘receiver’ of any property

(a). Only before the decree

(b). Only after the decree

(c). Before or after the decree

(d). None of the above

Answer: (c). Before or after the decree

Explanation: 

According to the civil procedure code, the court before which the proceedings are pending can appoint a receiver if it appears just and convenient to the court to appoint such receiver [section 51(d)]. It is within the discretionary power of the court to appoint the receiver.

Question 41: Under Civil Procedure Code, where a person who is a necessary party to a suit, is not impleaded in the suit, the matter is of

(a). Non - Joinder

(b). Mis - joinder

(c). Both (a) and (b) above

(d). None of the above

Answer: (a). Non - Joinder

Explanation:

  1. A “necessary party” is a person who ought to have been joined as a party and in whose absence no effective decree could be passed at all by the court. 
  1. If a “necessary party” is not impleaded, the suit itself is liable to be dismissed.

Question 42: Under Civil Procedure Code what may be substituted for summons where the defendant is, in the opinion of the court, of a rank entitling him to such mark of consideration?

(a). Notice

(b). Letter

(c). Direction

(d). Request.

Answer: (b). Letter

Question 43: The death of a plaintiff or defendant shall not cause the suit to abate, if

(a). The cause of action survives

(b). The relief survives

(c). The right to sue survives

(d). All of the above

Answer: (c). The right to sue survives

Explanation: 

In a situation if two or more persons bring an action to the court and if in that course one of them dies then the action will not abate if the cause of action survives.

Question 44: Which of the following methods cannot be adopted by the court for execution of decree under section 51 of the Civil Procedure Code? 

(a). By delivery of any property specifically decreed

(b). By attachment and sale of property

(c). By issue of summons to party

(d). By appointing a receiver

Answer: (c). By issue of summons to party

Question 45: Under the Civil Procedure Code where the defendant is absent from his residence at the time when service of summoning is sought to be effected, service may be made on

(a). Servant of the defendant

(b). The adult son of the defendant

(c). Minor daughter of the defendant

(d). Clerk of the defendant

Answer: (b). Adult son of the defendant

Frequently Asked Questions

For Delhi Judiciary prelims exams it is really important to have a sound knowledge of Bare acts, along with the clarity of concept as most of the questions in the DJS prelims law section are based on the interpretation of the law and practice as many  Multiple Choice Questions as you can from the topics that have been covered on a daily basis from online mocks or Judiciary reference books.

It will help you to learn more about the test format, the difficulty level of the test, and the weightage of each subject in the examination which will boost your speed, performance, and accuracy.

For General Knowledge Preparation Lucent’s general knowledge is more than sufficient.

For Current Affairs reading the newspaper daily is a must and, apart from that, you can also refer to the monthly news and events magazine, or mobile applications such as GK Today.

Practice as many objective questions as you can, for english you can refer to Objective General English by R.S. Aggarwal.

Any decent newspaper for the preparation of Current Affairs can be read. Typically Indian Express is favoured by Delhi judicial service aspirants because of its correct and concise articles.

You can go through the above post to know short tricks and tips that will help you make the best Delhi Judiciary prelims study plan.

Most of the questions asked in the Judicial Services Exams are from the illustrations of bare act. Hence, learning bare act is first step to clear the judicial services exam.

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