Exam Details

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


Question Paper

1. In the appointment of a supreme court Judge, primary is given to opinion of

The chief justice of India

Union Law Minister

Chief Justice of India and other three Senior Judges of The supreme court

The Prime Minister

2 Article 21 of the constitution of India incorporates the right to "Doctor's assistance" In which of the following cases this was decided

Charles Sobhraj Vs Superintendent of Central Jail

Hoskot Vs State of Maharastra

Sunil Batra Vs Delhi Administration

Parmanand Katara Vs Union of India.
3 In which of the following cases the doctrine of "prospective overruling was applied "

Shankari Prasad Vs Union of India

Sajjan Singh Vs State Rajasthan

I.C. Golaknath Vs State of Punjab

Keshvanande Bharati. Vs State of Kerala
4 Match List-I and List-II and select the correct answer using the code given below the lists.

List-I List-II

S.R. Bommai case Art 21

P.V. Narsimha Rao case Art 356

A.D.M. Jabalpur case Art 105

Lily Thomas case Art 44









5 Part IV was added to the constitution of India by the

Twenty fifth Amendment Act

Forty Second Amendment Act

Forty fourth Amendment Act

Fifty Second Amendment Act
6 Advertisement in a "Commercial Speech " was laid down in

Humdard Dawakhana Vs Union of India

Express Newspapers Ltd Vs Union of India

Bennet Coleman and Co. Vs Union of India

Tata express Ltd Vs Mahanagar Telephone Nigam Ltd.

7 The question of disqualification of the speaker of Lok Sabha on the ground of defection is determined by
The Deputy speaker

The chairman of Rajya Sabha

A member elected by Lok Sabha

The President of India
8 Assertion Article 21 expressly incorporates the concept of due process of Law.

Reason Due process of law is an attribute of liberty

Both and are true and is the correct explanation of

Both and are true but is not correct explanation of

is correct but is false

is false but is correct

9 Who Propounded Jurisprudence as 'Science of Positive Law'

John Austin

Ihering

Hans Kelsen

J.S. Mill
10 To which of the following concepts, the Hart Fuller contraversy relates to:

Reasonableness

Obligations

Activism

Morality
11 To which of the following the 'Fiction theory' is associated with

Abnormal persons

Supernatural persons

Corporate personality

Dead persons
12 Who of the following Jurists said that 'Law is a command of the sovereign'

Jermy Bentham

John Austin

Hans Kelsen

Roscoe pound
13 Match the following

List-I List-II
A juristic person is of two kinds,(i) Custom Universities bonorum and Universities personorum
The basis of right is an Holland interest and not will
Obligatory force Prof. Tay
Possession is the present control Ihering of a thing on one's own behalf and to exclusion of all others Code










14 s so called right to wear the hat consists of the liberty to wear the hat and another liberty according to Hohfeld's analysis is

Not to wear the hat

To insist y to wear the hat

To wear or not to wear the hat

To remove the hat

15 Stimson doctrine is associated with

De facto Recognition

De Jwe Recognition

Both A and B

Doctrine of Non Recognition
16 Which one of the following statements is correct

The UN charter makes for compulsory membership

The UN charter grants to all states a right to membership

The membership of it UN is qualified and limited

The UN charter does not make any distinction between the original and subsequent members
17 The International committee of Red Cross was founded by

Henry Dunant

Gustave Moyner

Hugo Grotius

Hars Peter Gasser
18 The Domestic Jurisdiction Clause is found in Art. of the UN charter

Art.

Art.

Art.

Art.

19 The MONISTIC THEORY is associated by

OPPENHEIM

BROWNLIE

KELSON

BRIERLY
20 Match the following

HOYA DE LA TORRE Art. 38 I.C.J.
HAILE SELASSIE ASYLUM
WAR TO END ALL WARS RECOGNITION
Opinion of qualified publicists LEAGUE OF NATIONS Codes











21 Match List-I with List-II and indicate the correct answer using the codes given below

List-I List-II
Nighawan Vs Nighawan Dessertion
Ashok Hura Vs Rupa Hura Cruelty
Dastane Vs Dastane Restitution of conjugal Rights
T. Sareetha Vs State of A.P Divorce by Mutualconsent Codes












22 Hindu Daughter become a Coparcenary by

Hindu Marriage (Amendment Act -1976

Hindu succession (Amendment Act 2005

Hindu Adoption and Maintenance Act 1956

None of the above

23 In which of the following case, The Supreme court had made that All Marriages should be made compulsory registration of Marriages

Ashok Hura Vs Rupa Hura.

John valla mattom Vs Union of India

Sema Vs Ashwani Kumar

Shamim Ara Vs State of U.P
24 In Muslim Law " Hizanat " relate to

Mother's custody of child

Brother custody of child

Father's custody of child

Sister's custody of child
25 Match List-I and List-II with the help of code given below

List-I List-II
Damil Latifi Vs union of India Triple talaq

Shamim Ara Vs state of U.P. Muslim divorced woman Maintenance

Mukker Rathod Vs state of Kerala Dower

Husain Ara Vs zubaida Begum Oral gift Codes










26 A Muslim Marriages with a non Kitabya the Marriage is

Sahih

Batil

Fasid

None of the above
27 Which of the following statement is correct

An agreement made without consideration is voidable

An agreement made without consideration is void

A contract made without consideration is valid

A contract made without consideration is void

28 Find correct explanation from following Assertion and Reason from code Assertion Agreements by way of wager are void Reason Performance of the bargain must depend upon the determination of an uncertain event, in case of a wager Code

Assertion and Reason are right

Assertion and Reason are wrong

Assertion is right, Reason is wrong

Assertion is wrong, Reason is right

29 In Khemchand v. Beram, (1888) 13 Bom. 150, in context, of public policy relating to a contract, it was decided that
Help given or promised to a dancing girl is tainted with immorality

Help given or promised to a dancing girl is not tainted with immorality

Help given or promised to a dancing girl does not constitute valid consideration for a contract

Help given or promised to a dancing girl is an offer for a contract

30 In estimating the loss or damage arising from a breach of contract

The means which existed of remedying the inconvenience caused by non-performance of the contract must be taken
into account

The means which existed of remedying the convenience caused by performance of the contract must be taken into account

The means which existed of remedying the inconvenience caused by non-performance of the contract must not be
taken into account

The means which did not exist of remedying the inconvenience caused by non­performance of the contract must be
taken into account

31 The issue in paradine v. Jane 82 ER 897, was
Mistake

Fraud

Frustration

Undue influence
32 A minor is allowed to enforce a contract

Which is of some benefit to him and under which he is required to bear no obligation

Which is of some benifit to him without any cost.

Which is of some importance to him and under which he stands to gain some material gain

Which is of no benefit to him and under which he is required to bear obligation.
33 The reason for the lack of tort litigation in India is due to

Lack of consciousness about one's rights and the spirit of toleration

The fact that court of litigation is beyond the means of an average person.

Undue delay in the final disposal of the cases.

All of the above
34 Who observed that the penal law of primitive communities was not the law of crime but the law of wrongs or torts
Austin

Black Stone

Henery Maine

Rascoe Pound
35 'Ubi Jus ibi remedium' means

Every law provides for remedies

There is no remedy without a wrong

There is no wrong without a remedy

There is always a remedy for every wrong
36 Match List-I with List-II and select the correct answer using the codes given below
List-I (Principle) List-II (Associated Case

Damnum sine Injuria Ashby Vs White

Absolute liability Stanely Vs powel

Injuria sine Damnum Ryland Vs fletcher

Inevitable accident Gloucester grammer case Codes









37 The word has been derived and has its orgin in

French Language

Latin Language

Romon Language

None of these
38 The propounder of Pigeon hole theory is

Salmond

Winfield

Clerk and Lindsell

Austin
39 Section 511 of Indian Penal code does not apply in case of
Attempt of riot

Attempt of murder

Attempt of theft

Attempt of affray
40 For the application of section 149 of J.P.C

Active participation of each of person is necessary

A person should be a member of unlawful assembly

Both A and B are correct

None of these

41 If a person who is a citizen of India commits any offence out of India

Cannot be prosecuted in India, as the act was not committed in India

Can be prosecuted in the country where the offence was committed

Can be prosecuted in India in any place in which he may be found

Cannot be prosecuted neither in India, nor in the country, where the crime was committed
42 Which one of the following is not a public servant

Liguidator

A civil Judge

Member of a panchayat assisting a court of Justice

Secretary of a co-operative society
43 is paramour of wife. She gives a ring of gold which knows to belong to her husband Z.

commits theft of ring

does not commit theft of ring

wife commit theft

wife does not commit theft
44 Match the following offence

Grave and sudden provocation Exception II to section 300

Death caused in sudden fight Exception V to section 300

Death caused by consent Exception I to section 300

Exceeding right private defence Exception IV to section 300 Codes









45 Two statements are given in this question. One is labelled Assertion and the other is labelled Reason examine these statements and select the correct combination of the codes.

Assertion Strikes are not banned even in the public utility services
Reason Strike is a recoginised weapon of workmen for asserting their bargaining power and for tacking of their collective demands upon an unwilling employer. It is to be used as a last resort when all other avenues for settement of industrial disputes have failed. Codes

is correct but is wrong

Both and are correct

is wrong but is correct

Both and are wrong
46 Select the codes related to triple tests laid down by the supreme court in Bangalore Water suppy Vs A. Rajjappa Codes

Profit motive or gainful objective.

Systematic activity

Organised by co-opration of employer and work men

Huge capital investment

For the production and/or distribution of material goods and/or services with a view to satisfy human wants.

Government departments discharging sovereign functions entirely. Select correct combination of codes

and and

and and

and and

and and
47 Select correct codes combination from the following relating to instruments of collective bargaining

Strike

Closure

Lock out

Retrenchment

Lay-off Codes

and

and

and

and
48 Select correct codes combination from the following relating to "retrenchment "

Failure, refusal or inability of employer to employ his workmen.

Termination of service of workman

Breakdown of machinery

Other than punishment

Other than voluntary retirement

Other than grounds of continued ill health

Rule Last come, first-go Codes








49 The application from registration of a trade union must-be subscribed by minimum

Two

Five

Seven

Eleven Members

50 Subject to rules of the trade union to the contrary a person to be member of a trade union must attain the age of minimum

Eighteen years

Fourteen years

Twenty one years

Fifteen years


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