Exam Details

Subject law
Paper paper 2
Exam / Course ugc net national eligibility test
Department
Organization university grants commission
Position
Exam Date January, 2017
City, State ,


Question Paper

1. The Preamble to Constitution of India proclaims that, the people of India,' have established

A Sovereign, Socialist, Democratic, Republic only

A Sovereign, Secular, Democratic, Republic only

A Secular, Socialist, Democratic, Republic only

A Sovereign, Socialist, Secular, Democratic Republic

2. Match List I with List II and give the correct answer by using the codes given below

List I List II

a. Article Amended by i. 1st Amendment

b. Article Amended by ii. 17th Amendment

c. Article Amended by iii. 7th Amendment

d. Article Amended by iv. 44th Amendment

Codes a b c d

iii iv i ii

iii i ii iv

i ii iv iii

ii iii i iv

3. Read Assertion and Reason and give the correct answer with the help of codes given below

Assertion Under Art. 226 of the Constitution of India the High Court has discretionary remedy to issue writs.

Reason If the High Court is satisfied that the aggrieved party can have an adequate remedy elsewhere it can refuse to grant writ.

Codes

and are true and is the correct explanation of

and are true, but is not the correct explanation of

is true, but is false.

is false, but is true.

4. Match List I with List II and select the correct answer using the codes given below List I (Cases) List II (Principles)

a. Indira Nehru Gandhi v/s. Raj Narain i. Departmental bias

b. Gullapalli Nageswara Rao v/s.A.P.S.R.T.C. ii. Preventive detention

c. Fagu Shaw v/s. State of W.B. iii. Rights of inmates of protective homes

d. Upendra Baxi v/s. State of U.P. iv. Rule of law

Codes a b c d

i ii iii

i iv ii iii

i iii ii

iii i iv

5. "The Fundamental Duties incorporated in Article 51A of the Constitution of India are mere reminder to the citizens, with no enforceability, to ensure their compliance" was said by

Justice J.S. Verma

Justice O. Chinnapa Reddy

Justice Y.V. Chandrachud

Justice P.N. Bhagwati

6. Justice Mukherjee C.J., speaking for the court, stated "that though the executive power is vested in the president, the president is only a formal or constitutional head of the executive. The real power is vested in the Council of Ministers on whose aid and advise the president acts in the exercise of his functions," in the following case

U.N.R. Rao v/s. Indira Gandhi

Ram Jawaya Kapur v/s. State of Punjab

Jayantilal Amratlal Shodan v/s. F.N. Rao

Sardarilal v/s. Union of India

7. The right of a person to be appointed as a guardian of his minor children under the personal law is not a fundamental right was decided by the Supreme Court in one of the following cases

Mohd-Aslam v/s. Union of India

Sahifzada Saiyed Muhammed Amirabbas Abbasi v/s. State of Madyabharat

Khatri v/s. State of Bihar

Mohd. Faruk v/s. State of M.P.

8. According to Austin the positive law has following three attributes

command, sovereign, obedience

command, sovereign, sanction

command, obedience, sanction

sovereign, obedience, sanction

9. "The movement of progressive societies has hitherto been a movement from status to contract." This statement is of

Hegel

Savigny

Henry Main

Puchta

10. Match List I with List II and give the correct answer by using the codes given below

List I List II

a. The Concept of Law i. Austin

b. The Province of Jurisprudence Determined ii. Bentham

c. Some Reflections on Jurisprudence iii. Hart

d. Limits of Jurisprudence Defined iv. Buckland

Codes a b c d

(1)iii ii i iv

(2)iii i iv ii

i ii iii iv

i ii iii

11. Which one of the following is not a theory of corporate personality

Fiction Theory

Interest Theory

Bracket Theory

Will Theory

12. has a house and nobody should interfere with the enjoyment of proprietary right over the house. This right is called

Personal right

Imperfect right

Right in rem

Right in personam

13. Match List I with List II and give the correct answer by using the codes given below

List I List II

a. Theory of Volksgeist i. Bentham

b. Theory of Social Interest ii. Ihering

c. Theory of Utilitarian Individualism iii. Burke

d. Gradual and organic process theory iv. Savigny

Codes a b c d

i ii iii iv

(2) iv ii iii i

(3) iv ii i iii

(4) iii i iv ii

14. Who has remarked that "It is both practically inconvenient and also contrary to the best juristic thought to deny its (International law) legal character"

H.L.A. Hart

J.G. Starke

Edward Collins

J.L. Brierly

15. Read both Assertion and Reason and give the correct answer by using the codes given below

Assertion 'Res Judicata', 'estoppel', etc. are examples of the General Principles of Law recognised by civilised states.

Reason In the case of diversion of water from Muese, the Permanent Court of International justice applied 'Res Judicata' and 'Estoppel'.

Codes

Both and are correct and is correct explanation of

Both and are correct but is not correct explanation of

is correct, but is wrong.

is wrong, but is correct.

16. Which of the following is not a "theory" propounded to explain the relationship between International Law and Municipal Law

Transformation Theory

Delegation Theory

Fiction Theory

Specific Adoption Theory

17. Which of the following statement/s is/are correct Answer by using the codes below

The Charter of the United Nations came into force on October 24, 1945.

The purposes of the United Nations are enshrined in Article 2 of the Charter.

The seventh and the last principle of the United Nations states that nothing contained in present Charter shall authorise the United Nations to intervene in matters which are essentially within domestic jurisdiction of any state.

The provision relating to suspension of a Member finds mention in Article 3 of the charter.

Codes

Only and are correct.

and are correct.

and are correct.

and all are correct.

18. Which of the following statement/s is/are correct Answer by using the codes below

"Mediation" is not "pacific means" of settlement of International Disputes.

"Pious Fund Case" is an important decision given by the Permanent Court of Arbitration.

"Retorsion" is a compulsive or 'coercive' means of settlement of international Disputes.

A leading case on "Reprisal" is the "Naulilaa Incident". Codes

Only is correct.

and are correct.

and are only correct.

and all are correct.

19. Which of the following statement/s is/are incorrect Answer by using the codes below

The Commission on Human Rights was established by the Economic and Social Council in February, 1946.

The General Assembly decided to replace U.N. Human Right Commission by Human Right Council Vide Resolution 60/251 of 15 March, 2006.

The Human Right Council concluded its first session at Hague on 30 June, 2007.

The Universal Declaration of Human Rights was adopted by the General Assembly by a vote of 48 to nil with eight abstentions. Codes

Only is incorrect.

and are incorrect.

and are incorrect.

and are incorrect.

20. Read the following statements and answer with the help of codes given below

Two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife.

Two persons are said to be related to each other by uterine blood when they are descended from a common ancestress but by different husbands.

Two persons are said to be related to each other by half blood when they are descended from a common ancestor by the same wife.

Two persons are said to be related to each other by half blood when they are descended from a common ancestor but by different wives.

Codes

and are correct, but and are incorrect.

and are correct, but is incorrect.

and are correct, but and are incorrect.

and are correct, but and are incorrect.

21. A person shall not be treated as Buddhist under sec. 2

of the Hindu Marriage Act, 1955, if Both of his parents were Buddhists.

His father was Christian, mother was Buddhist and he was brought up as Buddhist child.

His father was Christian, mother was Buddhist and he was brought up as Christian child.

He was a Muslim and has converted to Buddhist religion.

22. Ancient sources of Hindu law are

Custom, Sruti, Precedent

Sruti, Vedas, Custom, Legislation

Smritis, Custom, Precedent

Sruti, Smritis, Custom, Digests etc.

23. The Muslim Personal Law (Shariat) Application Act 1937 is applicable to all kinds of property except

Agricultural land, testamentary succession and Charities other than wakfs.

Testamentary succession and charities other than wakfs only.

Agricultural land and testamentary succession only.

Agricultural land and charities other than wakfs only.

24. Match List I with List II under the Hindu Marriage Act, 1955 and give the correct answer using the codes given below

List I List II

a. Age of marriage i. Section

b. Breakdown grounds of marriage ii. Section 8

c. Overriding effect of Act iii. Section 5(iii)

d. Registration of Marriage iv. Section 4

Codes a b c d

i iii ii iv

(2)iii i iv ii

iii iv i

iii i ii

25. Presently the Hindu Marriage Act, 1955 recognizes the following theories of divorce

Fault and Mutual Consent

Mutual Consent and Breakdown of Marriage

Fault, Breakdown of Marriage, Mutual Consent and Customary

Fault, Irretrievable Breakdown of Marriage and Mutual Consent


26. Talaq ahsan is

Irrevocable

Revocable during the tuhr in which it has been pronounced

Revocable until the next successive tuhr

Revocable during the period of iddat

27. Match List I with List II and select the correct answer using the codes given below

List I List II

a. Proposal i. Grainger Son V. Gough

b. Invitation to make an offer ii. Maharashtra Rajya Sahakari Kappas Utpadak Panan Mahasabha Ltd. v. Manga Bhaga Chaudhary

c. Communication of acceptance of offer by acceptor himself iii. Henthorn v. Fraser

d. Revocation of offer iv. Powell v. Lee

Codes a b c d

ii i iv iii

i ii iv iii

ii i iii iv

iii i ii

28. Read Assertion and Reason and answer using codes given below

Assertion An agreement made with consideration is void unless it is in writing and registered.

Reason Because Section 25

of the Indian Contract Act stipulates so.

Codes

Both and are right and is correct reason for

Both and are wrong.

is right, but is wrong.

is right, but is wrong.

29. In which one of the following cases doctrine of frustration was laid down

BOI Finance Ltd. v. Custodian

Orissa Textile Mills Ltd. v. Ganesh Das

Sachidananda Patnaik v. G.P. Co.

Taylor v. Caldwell

30. Which of the following statement is correct

A person who wrongfully rescinds a contract is entitled to compensation for any damage which he has sustained through the non-fulfilment of the contract.

A person who rightfully rescinds a contract is not entitled to compensation for any damage which he has sustained through the non-fulfilment of the contract.

A person who rightfully rescinds a contract is entitled to compensation for any damage which he has sustained through the non-fulfilment of the contract

A person who rightfully rescinds a contract is entitled to compensation for any damage which he has not sustained through the non-fulfilment of the contract.

31. Every person is competent to contract

who is of the age of minority according to law to which he is subject, and who is of sound mind, and is not disqualified from contracting by any law to which he is subject.

who is of the age of majority according to law to which he is not subject, and who is of sound mind, and is not disqualified from contracting by any law to which he is subject.

who is of the age of majority according to law to which he is subject, and who is of sound mind, and is not qualified from contracting by any law to which he is subject.

who is of the age of majority according to law to which he is subject, and who is of sound mind, and is not disqualified from contracting by any law to which he is subject.

32. Match List I with List II and select the correct answer using the codes given below

List I List II (Types of Vitiating elements of (Relevant case-law) a contract)

a. Undue influence i. Nursey Spg. and Wvg. Co. Ltd., Re

b. Misrepresentation ii. Jaggan Nath v. Secy of State for India

c. Fraud iii. Lancashire Loans v. Black

d. Mistake iv. Derry v. Peek

Codes a b c d

(1) ii iv iii i

i iii iv ii

(3) iii i iv ii

(4) iii i ii iv

33. Read Assertion and Reason and answer using codes given below

Assertion Compensation is recoverable for any loss or damage which the parties knew at the time of the contract as unlikely to result from the breach of the contract.

Reason Because above rule is laid down in Hadley v. Baxendale case.

Codes

Both and are correct and is correct reason for

Both and are wrong.

is right, but is wrong.

is right, but is wrong.

34. Match List I (Name of case) with List II (Decision of case) by using codes below

List I List II (Name of case) (Decision of cases)

a. Manju Bhatia v. New Delhi Municipal Corporation i. Liability of owner of tree for an injury caused by its falling

b. Municipal Corporation Delhi v. Sushila Devi ii. Legal duty of Railway to assure reasonable safety at railway level crossing

c. Union of India v. Lalman iii. Teacher's duty of case towards children when they are taken out on a picnic for fun and swim

d. M.S. Grewal v. Deepchand Sood iv. Liability of builder towards purchasers of flats

Codes a b c d

ii i iii iv

i ii iv iii

(3)iii iv i ii

i ii iii

35. Read Assertion and Reason and answer using codes given below

Assertion Acts of state are directed against another sovereign state or its sovereign personally or its subjects.

Reason Acts of executive Government in the name of President in normal course of administration are acts of state and are not open to judicial scrutiny.

Codes

Both and are correct and is correct reason of

Both and are correct, but is not correct reason of

is right, but is wrong.

is right, but is wrong.

36. Which of the following is correct Answer by using the codes below

Corporation is vicariously liable for acts done by its employees.

Minor is liable for the torts committed by him.

Wife is liable under law of torts to her husband if she negligently fractures his legs.

Tort committed by any partner in the ordinary course of business of firm all other partners are liable.

Codes

and

and

and

and

37. In which case the principle 'ubi jin ibi remedium' was recognized

Rylands v. Flecher

Asbhy v. White

Ashdown v. Samuel Williams

Pema Chibber v. Union of India

38. State Government may notify that State Commission may perform its function at other places other than state capital. Who needs to be consulted by the State Government for such notification under Consumer Protection Act

Central Government

National Commission

State Commission

State Commission and High Court

39. Who among the following cannot file a complaint before the District Forum under Section 12 of the Consumer Protection Act

One consumer and not more than one consumer

Any recognized consumer association

Central and State Government

One or more consumers

40. 'The degree of cogence need not reach certainity but it must carry a high degree of probability.'

As per the statement answer using codes as to in which of the situations, in sequential order the principle of natural justice is applied

Codes

Alibi

Self-incrimination

Presumption of innocence

Strict liability Sequence of order









41. The principle of 'Quod necessitas non habet leegen' is applied in circumstances of

an act done in order to avoid consequence

in a little harm that resulted in the consequence

a harm resulted in order to do another evil

self-preservation

42. Aggravated abetment can be found within the public

when the act was done by any one of the ten or more members present.

when the act was done by one of the seven members while collecting funds from other public.

while a person affixing a poster on the wall specially called attention of an assembly of five persons to protest against police excesses.

when an un-named member of a fluctuating population incite others to undertake a strike to stop train movement.

43. In which of the matters it was held that disclosure of identity of victim either by printing or publishing will not amount to penal liability

In a judgement given by the Session's Judge on the ground of social victimisation.

In a judgement given by the High Court on the ground of Ostracism.

In a judgement given either by High Court or Supreme Court on the ground of preventing social victimisation or contracism.

In a judgement given by the Supreme Court on the ground of prevention from social victimisation.

44. Read Assertion and Reason and answer the reasonableness using the given below

Assertion Section 304-A is directed at offences outside the range of Sections 299 and 300.

Reason It contemplates those acts into which neither intention nor knowledge enters.

Codes

Both and are correct as the act results from rash and negligence act.

is correct as certain acts are unjustifiable while is not the correct reason as it falls short of culpable homicide.

is correct while is incorrect application to the rule of culpable homicide to cause murder.

Both and are incorrect statement as to imposing penalty.

45. Read Assertion and Reason and answer using codes given below

Assertion Multiple Trade Unions in industries and the consequential necessity for selecting one as the recognised union by the management devising a method on democratic principles is necessary.

Reason The Union which represents the largest number of workmen working in the undertaking must acquire the status as that would be in tune with the concept of Industrial democracy.

Codes

and are correct and is the correct explanation of

and are correct and is not the correct explanation of

is correct, but is wrong.

is wrong, but is right.

46. "The working class unfamiliar with the sophistications of definitions and shower of decisions, unable to secure expert legal opinion, what with poverty pricing them out of justice market and denying them the staying power to withstand the multi-decked litigative process, defacto is denied social justice if legal drafting is vagarious, definitions indefinite and court rulings contradictory." The above remarks were made in support of an expensive definition of "Industry" by one of the following justice

Justice O. Chinnappa Reddy

Justice V.R. Krishna Iyer

Justice Gajendragadkar

S.P. Bharucha

47. Which one of the following is incorrect

Workman whose name is borne on the muster rolls of an industrial establishment and who has completed one year of continuous service under an employer is laid off, whether continuously or intermittently shall be paid by the employer for all days during which he is so laid off except for such weekly holidays.

Termination on the ground of misconduct or continued ill health of a workman is not a retrenchment.

Lock-out means the permanent closing of a place of employment, or the total suspension or the refusal by an employer to continue to employ any number of persons employed.

The right to close down the business, trade or undertaking is subject to payment of compensation to the workers engaged in the business immediately before the closure.


48. Match List I with List -II and select the correct answer using the codes given below

List I List II

a. Kalinga Tubes Ltd. v. Their workmen i. Deduction of wages for the period of strike

b. Bank of India v. T.S. Kelawala and others ii. Closure has to be genuine and bonafide

c. Bombay Union of Journalist v.State of Bombay iii. Definition of Industry

d. Coir Board v. Indira Devi P.S.and others iv. Condition precedent to retrenchment of workman

Codes a b c d

(1) iii ii i iv

ii i iv iii

i ii iv iii

iv ii iii ii

49. Reference of an Industrial Dispute, the subject matter of which is covered by a settlement as defined in Section of the Act would be

valid during the operation of such settlement

invalid during the operation of such settlement

valid and subject to the importance of Industrial Dispute

voidable at the option of the parties to the dispute during the operation of such settlement

50. Read Assertion and Reason and answer using codes given below

Assertion The retention of Industrial Adjudication is necessary till all Trade Unions attain sufficient strength to bargain with employers, from a position of equality.

Reason Collective Bargaining presently provides only lip services, whereas in practice it has perpetuated Adjudication. Codes

and are correct and is the correct explanation of

and are correct, but is not the correct explanation of

is correct, but is wrong.

is wrong, but is right.


Subjects

  • adult education
  • anthropology
  • arab culture and islamic studies
  • arabie
  • archaeology
  • assamese
  • bengali
  • bodo
  • buddhist jaina gandhian and peace studies
  • chinese
  • commerce
  • comparative literature
  • comparative study of religions
  • computer science and applications
  • criminology
  • dance
  • defence and strategic studies
  • dogri
  • drama theatre
  • economics
  • education
  • electronic science
  • english
  • environmental sciences
  • folk literature
  • forensic science
  • french
  • general paper
  • geography
  • german
  • gujarati
  • hindi
  • hindustani music
  • history
  • home science
  • human rights and duties
  • indian culture
  • international and area studies
  • japanese
  • kannada
  • karnatik music
  • kashmiri
  • konkani
  • labour welfare
  • law
  • library and information science
  • linguistics
  • maithili
  • malayalam
  • management
  • manipuri
  • marathi
  • mass communication and journalism
  • museology & conservation
  • music
  • nepali
  • odia
  • pali
  • percussion instruments
  • performing art
  • persian
  • philosophy
  • physical education
  • political science
  • population studies
  • prakrit
  • psychology
  • public administration
  • punjabi
  • rabindra?? sangeet
  • rajasthani
  • russian
  • sanskrit
  • santali
  • social medicine & community health
  • social work
  • sociology
  • spanish
  • tamil
  • telugu
  • tourism administration and management
  • tribal and regional languageliterature
  • urdu
  • visual art
  • women studies