Exam Details

Subject law
Paper paper 2
Exam / Course ugc net national eligibility test
Department
Organization university grants commission
Position
Exam Date December, 2009
City, State ,


Question Paper

1. Consider the following Judgements of the Supreme Court which dealt with the appointment and transfer of Judges of the Supreme Court and High Courts
1. S. P. Gupta Vs. Union of India
2. Sankal Chand Vs. Union of India
3. President's Special Reference No. 1
4. Supreme Court Advocate on Record Association Vs. Union of India

Which one of the following is correct chronological order in which the above judgements were delivered
1 2 3 4
2 1 3 4
2 1 4 3
1 2 4 3
2. Which one of the following is the correct statement "Full faith and credit" clause of the Constitution does not apply to
Public records
Judicial proceedings
Acts of Corporations
Public acts
3. In which of the following case the Supreme Court held that allowing medical examination of a woman to prove her virginity, amounts to violation of her right to privacy, guaranteed under Article 21 of the Constitution
Surjeet Singh Thind Vs. Kanwaljit Kaur
Phillipa Anne Vs. State of Tamilnadu State
Hameeda Sarfaraj Vs. M. S. Kashekar
Kavita Vs. State of Maharashtra
4. By which Constitutional Amendment, Article 21-A providing for right to education was inserted in the Constitution of India
The Constitution [Eighty Third Amendment] Act
The Constitution [Eighty Sixth Amendment] Act
The Constitution [Ninetieth Amendment] Act
The Constitution [Ninety Second Amendment] Act
5. Joint-session of the Parliament was summoned by the President of India to pass
Dowry Prohibition Act
Banking Service Commission Act
POTA
All the above Act
6. Justice Verma's Committee Report relates to
Effectuation of Fundamental Duties
Duty to vote in Election
Freedom of Religion
National Judicial Commission
7. By which Constitutional Amendment, Article which provides for the eleventh
duty of a citizen was added
The Constitution [Ninety-Third Amendment] Act
The Constitution [Ninety-First Amendment] Act
The Constitution [Eighty Sixth Amendment] Act
The Constitution [Eighty Fourth Amendment] Act
8. Who submitted the Report of the "National Commission to Review the working of the
Constitution"
Justice B. P. Jeevan Reddy
Justice A. S. Anand
Justice R. S. Sarkaria
Justice M. N. Venkatachalliah
9. Who has first coined the term 'Legal theory'
Kelsen
W. Friedman
Bentham
Roscoe Pound
10. Who propounded the 'Utilitarian theory'
Kelsen
Henry Maine
Bentham
Julius Stone
11. In which of the following cases the jurisprudential basis of the principle to award compensation for violating Human Rights has been laid down by the Supreme Court
Konda Reddy Vs. State
Ratlam Municipality Vs. Verdhichand
Visakha Vs. State of Rajasthan
Nilabhati Behra Vs. State of Orissa
12. Rights and duties are
Postulates
Correlatives
Opposites
Parallels
13. Match the following

List I List II

Retributive theory 1. Public Interest Litigation
Immemorial Antiquity 2. Punishment
Ground norm 3. Custom
Locus Standi 4. Hans Kelson

Codes

2 4 3 1
1 3 4 2
2 3 4 1
3 4 1 2
14. 'Law must be changed in a manner to get pleasure and to avoid painful change with social circumstances' is the contribution of
Historical theory
Sociological theory
Anthropological theory
Analytical theory
15. The theme of the 60th Anniversary celebrations of the Universal Declaration of Human Rights, 1948 is
Human Rights for all.
All Human Rights for all.
Justice and dignity for all.
Human Rights for Human Dignity
16. Principal modes of peaceful settlement of disputes are
5
6
4
3
17. Who said "International Law is the vanishing point of jurisprudence"
Austin
Holland
Kelson
Bentham
18. The era of law making treaties began with
Treaty of Vienna
Treaty of Versailles
Kellogg Briard Act
Treaty of Westphalia
19. The Arrantzazu Mendi case deals with
Human Rights
Recognition
Nature of International Law
Peaceful settlement of disputes
20. Match the following

List I List II

Paquete Habana Case 1. South West Africa Case
Dumparton Oaks Conference 2. Text Book Writers
Vienna Declaration, 1993 3. United Nations
Custom 4. Human Rights

Codes

2 3 4 1
3 4 2 1
4 3 1 2
4 3 2 1
21. Where a Hindu Male and a Hindu Female contract their Marriage under the Special Marriages Act 1954, Hindu Personal Law
Applies to such marriage
Does not apply
Applies with some modifications
Applies with the Indian Contract Act
22. Abortion of child by wife without the consent of the husband is a ground for
Nullity of marriage
Judicial separation
Divorce
None of the above
23. marries the widow of his elder brother. The marriage is
valid
void
voidable
None of the above
24. A Muslim woman observising iddat period marries with another man. The marriage is
Sahih
Batil
Fasid
None of the above
25. In which of the following case, the court held that 'Triple divorce' is not a Valid Talaq"
Ziauddin Vs. Anwari Begum
Mohammad Ahmad Khan Vs. Shah Bano
Bai Tahira V. Ali Hussain
None of the above
26. A marriage under Muslim Law between persons with Fosterage relationship is
Sahih
Batil
Fasid
None of the above
27. Arrange the sequence of the following events in which they occur in a contract, using the code

Communication of offer
Invitation to offer
Fraud
Damages

Codes




28. Find correct explanation from following assertion and reason from code.

Assertion Damages must be reasonable for breach of a contract.

Reason Because reasonable damages are agreed upon in a contract.

Code
Assertion and Reason are right.
Assertion and Reason are wrong.
Assertion is right, Reason is wrong.
Assertion is wrong, Reason is right.
29. Frustration of contract is provided by which Section of the Indian Contact Act
73
70
2
56
30. Some, all or none of the following statements are right. Answer using the code.

A minor is liable for breach of a contract to which he is a party.
A minor is liable to pay for necessaries for his spouse.
Supply of necessaries to a minor is a contract.
Necessaries supplied to a minor need not be according to his station in life, for the supplier to claim damages.

Codes
All statements are right.
All statements are wrong.
Only statement is right.
Only statement is wrong.
31. Promissory estoppel against Government agencies is decided in
Tweedle Vs. Atkinson, 4LT468
Dutton Vs. Poole, 83LR523
Delhi Cloth and General Mills Ltd. Vs. Union of India, AIR 1987 SC 2414
Kedar Nath Vs. Gorie Mohd., ILR (1886) 14 Col. 64
32. Which one of the following statements is right
Two or more persons are said to consent when they agree upon some thing in some sense.
Two or more persons are said to consent when they agree upon the same thing in the same sense.
Two or more persons are said to enter into a contract when they agree upon the same thing in the same sense.
Two or more persons are said to enter a quasi contract when they agree upon the same thing in the same sense.
33. If a person enters voluntarily into a sports event and receives grave injury, he has
a claim in torts for medical expenses though not for a loss of income.
a claim in torts for loss of earning capacity.
no claim in torts because the injury was not intentionally caused.
no claim in torts because of the principle volenti non fit injuria.
34. 'Qui facit per alium facit perse' establishes the
Liability under the Indian Penal Code
Liability under the law of torts
Vicarious liability
Liability under the Indian Contract Act
35. The rule of Absolute Liability was first laid down by
Lord Atkin in 1635
Justice Blackburn in 1868
Winfield in 1765
Chief Justice Holt in 1868
36. Res ipsa Loquitur is
weapon of defence
weapon of offence
a defence of some factor which was beyond the control of the person who caused injury.
a dangerous weapon
37. If A gives lift in his car to B upto a certain place and on the way due to negligence of A an accident is caused. A has
no responsibility towards B.
no legal duty to take care of safety.
a legal duty to take care of B also and is liable for compensation.
All of the above
38. For an action of nuisance defendant can put up the following defence.

I. The place is suitable for the purpose.
II. It is for the benefit of the residents of the locality.
III. It is done under statutory authority.
IV. Plaintiff has consented to the act. Of the above statement
II and III are correct.
II, III and IV are correct.
III and IV are correct.
III and IV are correct.
39. Which of the following is the offence which is punishable in four stages
Robbery
Dacoity
Murder
Rape
40. and are joint owners of some property. removes the property.
is not guilty of theft as property belongs to him.
is guilty of theft as he is only a joint owner.
is guilty of criminal misappropriation.
is guilty of breach of trust.
41. Which of the following statement is correct
Sec. 34 of I.P.C. is only a rule of evidence.
Sec. 34 of I.P.C. does not create a substantive offence.
Both and are correct.
None of these.
42. A instigates B to kidnap son of Z. B instigates C to do so and C kidnaps son of Z.
Only B is guilty of abetting C.
Only A is guilty of abetment.
Both A and B are guilty of abetment.
None of these
43. Assertion X and Y had independently entertained the idea to kill Z. Accordingly, each separately inflicts wounds on Z. Z dies. X and Y can be tried jointly.

Reason Two or more persons can be tried jointly if the act, resulting in an offence, is done in furtherance of a common intention.

Select your answer using the codes given below

Codes
Both and are true, and is the correct explanation of
Both and are true, but is not a correct explanation of
is true, but is false.
is false, but is true.
44. picks pocket. Next day, while buying paan near his office finds paying money from his purse. catches hold of and tries to take back his purse. resists. twists arm with such force that it is broken. is charged with causing hurt to In his defence can
say that he was acting under right of private defence of property.
not raise the plea of right of private defence since he had time to seek the help of public authorities.
say that his right of private defence revived as soon as he saw Y with his purse.
say that he did not use more force than was required.
45. Given below are two statements. One is labelled as Assertion and other is labelled as Reason Select correct code combination.

Assertion Physical Research Laboratory, Ahmedabad was held not to be an 'industry' by the Supreme Court.

Reason Since it is carrying on research not for the benefit of self. Moreover, it is not engaged in commercial activities.

Codes
is correct, but is wrong.
Both and are wrong.
is wrong, but is correct.
Both and are correct.
46. Select correct code combination relating to "Closure".
Employment relationship severed.
Suspension of Employment relationship.
End of bargaining.
To compel workmen to accept terms and conditions in the course of bargaining.
Permanent closing down of employer's business.
Deliberate temporary closing of a place of employment.
Not in consequence of an industrial dispute.

Codes
and
and
and
and
47. Which one of the following is not an 'Industry'
Forest Department of State
Indian Red Cross Society
Federation of Indian Chamber of Commerce Industries
Khadi and Village Industries Board
48. Which of the following do not relate to "industrial dispute"
Dispute or difference connected with employment of
Dispute or difference connected with non-employment of
Dispute or difference connected with the terms of employment or with the conditions of labour.
Dispute or difference connected with the election of a trade union.
49. A certificate of registration of a trade union is
Rebuttable evidence
Irrebuttable evidence
Conclusive evidence
None of the above
50. Which of the following is related to "settlement"
Strike
Lock-out
Retrenchment
Conciliation


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