Exam Details

Subject law
Paper paper 3
Exam / Course ugc net national eligibility test
Department
Organization university grants commission
Position
Exam Date 02, December, 2012
City, State ,


Question Paper

1. Democracy and Federalism are essential features of our Constitution and basic feature of its structure. This observation was made in S.R. Bommai Vs. Union of India by the Judge.

Justice P.B. Sawant

Justice S.R. Pandyan

Justice J.S. Verma

Justice A.M. Ahmadi
2. According to A.V. Dicey in India the 'Rule of Law' is embodied in

Article 12 of the Constitution of India

Article 13 of the Constitution of India

Article 14 of the Constitution of India

Article 21 of the Constitution of India
3. When the court declare that certain provisions of the Act as invalid, it does not affect the validity of the Act and it remains as it is. The principle is known as

Doctrine of prospective over ruling.

Doctrine of severability.

Doctrine of pleasure.

Doctrine of Eclipse.
4. Assertion A Bill which contains a taxation clause besides clauses dealing with other matters may also be a Money Bill.

Reason All Bills dealing with taxes are Money Bills.

Codes

Both and are true, but(R) is not the correct explanation of

Both and are true and(R) is the correct explanation of(A).

is false, but is true.

is true, but is false.
5. Article 40 of the Constitution of India deals with

Provision for Just and humane conditions of work and maternity relief.

Living wages etc. for workers.

Duty of the State to raise the level of nutrition.

Organisation of Village Panchayats.
6. Article 20 and Article 21 has been taken from the purview of Article 359 of the Constitution of India by

42nd Amendment

43rd Amendment

44th Amendment

59th Amendment
7. The Chairperson of Delimitation Commission

(A)Justice Kuldeep Singh


(B)Justice R.S. Sarkaria


(C)Justice R.S. Pathak


(D)Justice S.N. Phukan



8. Representation of House of People is based on

(A)Literacy of State


(B)Area of the State


(C)Population


(D)Community



9. Find correct answer
Administrative law is the law relating to the powers and procedures of

(A)The Parliament


(B)The Legislature


(C)The Administrative Authorities


(D)Judiciary


10. Find the correct answer The principles of natural justice are

No person can be judge in his own case.
No person shall be condemned unheard.

Codes

(A)only is correct.


(B)only is correct.


and are correct.


(D)None of the above are correct.



11. Find correct answer Administrative Tribunals exercises

(A)Purely Administrative functions


(B)Purely Judicial functions


(C)Purely Legislative functions


(D)Quasi Judicial functions



12. What is the effect of violation of the rule "Audi Alteram Partem" on an administrative action

(A)Mere irregularity


(B)Null and void


illegality


Voidable



13. In which of the following cases, the Supreme Court held that the principles of natural justice are applicable to administrative proceedings

(A)M.C. Mehta Vs. Union of India.

Maneka Gandhi Vs. Union of India.

A.K. Kraipak Vs. Union of India.


(D)Smt. Indira Nehru Gandhi Vs. Raj Narain.



14. Find correct answer
The writ of prohibition may be issued, when there is

absence of jurisdiction or abuse of jurisdiction.


(B)violation of principles of natural justice and fraud.


(C)any kind of contravention of the law of the land.


(D)all of the above.



15. Find correct answer
The writ of certiorari necessarily implies that

error of fact, cannot corrected.


error of law apparent on the face of the record, can be corrected.


(C)Violation of natural justice.


(D)None of the above.

16. "Common law is essentially a Judge made law". This opinion was expressed by


(A)Pollock



(B)Austin



(C)Paton



(D)Salmond



17. Match the following

List I List II

a.Enacted law 1. Legislation

b.Case law 2. Agreement

c.Customary law 3. Precedent

d.Conventional law 4. Custom


Codes
a b c d

2 4 3


2 3 4


3 4 2


1 4 2



18. State the legal status of Hindu Joint family.

(A)Hindu Joint family is a legal person.


(B)Hindu Joint family is a natural person.


(C)Hindu Joint family is both a legal and natural person.


(D)None of the above.



19. "Case-law is gold in the mine-a few grains of precious metal to the tons of useless matter, while the statute law is coin of the state which ready for immediate use". Who gave this statement

Bentham

Salmond


(C)Kelsen


(D)Holland



20. "Law is the guarantee of the conditions of life of society, assured by the States'' power of constraint" who said it

Dvguit


(B)Ihering


(C)Savigny


(D)Ehrlich



21. Match List I (Legal Right) with List II (Nature of Legal Right) and select the correct answer by using the codes given below the lists

List I List II

a. Time barred debt 1. Personal Right

b.Right to reputation 2. Right in Personam

c.Right to physical integrity 3. Imperfect Right

d.Right arising out of a contract 4. Right in Rem

Codes
a b c d

4 2 1


2 1 4


3 1 4


4 1 2



22. Right in re aliena means a right over

(A)his own property.


property of someone else.


property situated in a foreign country.


property situated in one's own country.



23. The birth and death of legal person is determined by

(A)Nature


(B)Custom


Law


(D)Precedent

24. Read the following passage and match the column
The social tolerance towards crime establishes the concept of crime. No longer people accept that crime is related to sin by which people feel remorse and undergo penance to seek exoneration from punishment. But there is a general opinion that crime is relatively connected to individual behaviour, which very often changes. To resolve the conflict, the general view is that, anything which is injurious to public welfare is a crime. Column Column

i. Russell Crime is not absolute as it depends upon social tolerance.
ii. Black Stone Changing concept of crime as it is related to sin.
iii. H.J. Klare Crime is known through attributes as it is related to behavior.
iv.G.W. Patton Act which does not attract law is not a crime.

Correct answer is

i

ii


(C)iii

iv



25. Fill in the gap. Contributory negligence is defense to a criminal charge.

(A)genuine


(B)accurate


(C)sharp


no



26. The accused fired two shots with a revolver at point blank range at the Acting Governor but the bullets failed to produce the desired result because of some defect in the ammunition or intervention of leather wallet. What offence is caused

(A)Culpable Homicide


(B)Attempt to Murder


(C)Attempt to harm


(D)None of them



27. In a case where a minor girl was in the custody of her mother. Later the mother obtained divorce from her husband and thereafter the father forcefully removed the daughter from the school. What offence is created by the father

(A)Abduction


(B)Kidnapping


(C)Confinement


(D)Custody



28. Can a woman be prosecuted for gang rape

(A)Occasionally


the case demands


(C)Not at all


(D)When she is a party to it



29. Criminal breach of trust is an offence which signifies

(A)Entrustment


(B)Demand


(C)Refusal


(D)Wrongful intention



30. a Police Officer while executing a warrant of arrest against asks to identify knowingly tells that is and consequently is arrested. What offence is committed by

(A)Abetment by Instigation


(B)Abetment by Aiding


(C)Abetment by False representation


(D)Abetment by Mischief

31. A married man commits adultery if he commits sexual intercourse with

teen aged girl.


unmarried woman.


(C)Any woman who is not his wife.


(D)Married woman.



32. In which of the following cases, the Supreme Court applied the doctrine of public trust that the State as a trustee of all natural resources is under a legal duty to protect the natural resources. These natural resources are meant for public use and cannot be converted into private ownership

(A)M.C. Mehta Vs. Kamalnath and Others.

M.C. Mehta Vs. Union of India (Ganga Water Pollution case)

M.C. Mehta Vs. Union of India (Replacing diesel vehicles by CNG vehicles)


(D)Church of God (Full Gospel) in India Vs. KKR Majestic Colony Welfare Association.



33. In which of the following cases, the Supreme Court discussed the development of the precautionary principle

(A)A.P. Pollution Control Board Vs.M.V. Nayudu.


(B)Rural Litigation and Entitlement Kendra Vs. State of U.P.


M.C. Mehta Vs. Union of India (Ganga Water Pollution case)


(D)Olga Tellis (1986) case



34. The term "environment" under Section of the Environment (Protection) Act, 1986 means

Water and Land only.


(B)Water, Air, Land and inter- relationship between air, water, and land only.


(C)Water, Air, Land, and the inter­relationship between water, air and land and human beings, other living creatures, plants, micro organism and property.


(D)None of the above.



35. Assertion The right to clean drinking water and right to free air to breath are attributes of the right to life.

Reason Because they are the basic elements which sustain life.

Codes

and are true. is good explanation of


(B)Both and are true. But is not a good explanation of


is true, is false.


is false, is true.



36. In which of the following cases, the Supreme Court observed that, 'When there is a state of uncertainty due to the lack of data or material about the extent of damage or pollution likely to be caused, then in order to maintain the ecological balance, the burden of proof that the said balance will be maintained must necessarily be on the industry or the unit which is likely to cause pollution'

M.C. Mehta Vs. Union of India.


Olga Tellis Vs. Bombay Municipal Corporation.


Taj Trapezium case.


(D)None of the above.

37. In which of the following cases, the Supreme Court directed closing down and demolition of shrimp industries in coastal regulation zone and implement the "precautionary principle" and "the polluter pays principle and held them liable for payment of compensation for reversing the ecology and compensate the individual for loss suffered

S. Jagannath Vs. Union of India.


(B)Vellore Citizens Welfare Forum Vs. Union of India.


M.C. Mehta Vs. Union of India.


(D)Church of God (Full Gospels) in India Vs. KKR Majestic Colony Welfare Association.



38. In which of the following cases, the Supreme Court upheld the governmental direction to close down the lime-stone mining operations and quarrying permanently, holding it the duty of the lessee to protest and safeguard the right of the people to live in a healthy environment with minimal disturbance of ecological balance

(A)All India Council for Enviro Legal Action Vs. Union of India.


(B)Rural Litigation and Entitlement Kendra Vs. State of Uttar Pradesh.


(C)Vellore Citizens Welfare Forum Vs. Union of India.


(D)M.C. Mehta Vs. Union of India.



39. Match the correct answer from List B to the item in List A.

List A List B

a. The polluter pays principle Each generation should be obligated to conserve the diversity of natural and cultural resources base so that it does not restrict options of the future generations.

(B)Affirmative State Action for efficient management of resources and empowers the citizens to question ineffective management of natural resources.


(C)The pollutant not only has an obligation to make good the loss to the victims but has to bear the costs of restoring the environment to its original state.


(D)State's obligation to devise and implement a cohesive and co­ordinated programme to meet its obligation to sustainable development.

40. "If International Law were only a kind of morality, the framers of state papers concerning foreign policy would throw all strength on moral argument. But as a matter of fact, this is not what they do. They appeal not to the general feeling of moral rightness, but to precedents, to treaties, and to opinions of specialists. They assume the existence among statesmen and publicists of a series of legal as distinguished from moral obligations in the affairs of nations."
This observation is made by

(A)Frederick Pollock


Oppenheim


(C)Hans Kelsen


P.C. Corbett



41. What are essential tests for the existence of International Custom

(A)Uniform practice of States and longevity of time period.


(B)Uniform practice of States and opino juris sine necessitatis.


(C)Uniform practice of States, longevity of time period and opino juris sine necessitatis .


(D)None of the above.



42. In which of the following cases, Judge Alvarez evolved a doctrine that General Assembly resolutions are virtually binding upon States in a legislative sense

(A)South West Africa Voting Procedure case, ICJ Reports, 1975, p.12


(B)Western Sahara case, ICJ Reports, 1975, p.12


(C)Anglo-Norwegian Fisheries case, ICJ Reports, 1951, p. 152


(D)South West Africa Voting Procedure case, ICJ Reports, 1955, p.67



43. Which of the following cases relates to nationality of an individual which is an evidence of the link of an individual with the State

(A)Nottebohm case (Leichtenstein V. Guatemala), ICJ Reports, 1955, p.4


(B)South West Africa, Advisory Opinion, ICJ Reports, 1971, p.16


(C)Reservations to the Genocide Convention case, ICJ Reports, 1951, p.15


(D)United States Diplomatic and Consular Staff in Tehran, ICJ Reports, 1980, p.3



44. The non-permanent members of the Security Council of United Nations are elected for a term of

(A)Three years

Five years

(C)One year

Two years



45. Which of the following has the power to give effect to the judgment of the International Court of Justice if a party to the case fails to perform the obligations incumbent upon it under a judgment

General Assembly


(B)Security Council


(C)Highest National Court in the concerned State


(D)International Court of Justice



46. In which of the following cases, International Court of Justice refused to give advisory opinion at the request of World Health Organization

(A)Legality of the Threat of Use of Nuclear Weapons.


(B)Nicaragua Vs. U.S.A.


(C)Competence of Assembly regarding admission to United Nations.


(D)North Sea Continental Shelf cases.

47. In which of the following case the Supreme Court held that "The Three Talaks" would be treated as a 'Single Talak" and not a valid Talak

Shamim Ara Vs. State of U.P. AIR 2002 SCR 4162


(B)Mohd. Ahmed Khan Vs. Shah Bano AIR 1985 SC 365.


(C)Bai Tahira Vs. Ali Hussain AIR 1979 SC 362.


(D)None of the above.



48. Ceremonies of Hindu Marriage have been laid down in Minute details in

(A)Dharma Sutra


(B)Dharma Shastra


(C)Grhiya Sutra


(D)None of the above



49. To mature as a ground of Divorce the 'Desertion', under the Hindu Marriage Act, 1955, must continue for a minimum period of

(A)One year


(B)Two years


(C)Three years


(D)None of the above



50. In which of its following Report the Law Commission recommended, the "Breakdown Principle' to be accepted as the additional ground of Divorce

(A)70th Report


(B)71st Report


(C)72nd Report


(D)None of the above



51. Which of the following Ceremony/Ceremonies are obligatory under the Hindu Marriage Act

Kanyadan


(B)Panigrahan


(C)Saptapadi


(D)All of the above



52. Children born to annuled voidable marriages or void marriages under Section 11 and 12 of the Hindu Marriage Act are

(A)Illegitimate


(B)Illegitimate but can inherit the property of their parents.


(C)Legitimate and can inherit all family property.


(D)Legitimate but can inherit only the property of their parents.



53. In which of the following cases, the court held that "Dower (Mehar) is a sale price of women"

(A)Humara Begum case


(B)Aziz Bano Vs. Mohammed


(C)Shah Bano case


(D)Abdul Kadir case



54. "Iddat" is a period during which a Muslim woman is prohibited from marrying on dissolution of marriage.

Death of husband


Divorce


(C)Only and not


(D)Both and



55. Indicate the order in which the following words appear in the definition of 'Human Rights' as given in Section of the Protection of Human Rights Act, 1993.

Life
Liberty
Equality
Dignity

Codes

and


and


and


and

56. Who is the Chairperson of NHRC

Justice J.S. Verma


(B)Justice K.G. Bala Krishnan


(C)Justice A.S. Anand


(D)Justice M.N. Venkatachalaiah



57. Match List I with List II and select the correct answer with the help of codes attached.

List I List II

a.Magna Carta 1. 1948

b.International 2. 1989 Convention on Civil and Political Rights

c.Universal Declaration 3. 1215 of Human Rights

d. Convention on the 4. 1966 Rights of Child

Codes
a b c d

4 1 2


3 1 4


2 3 4


2 1 3



58. India is not a party to

(A)International Convention on Civil and Political Rights.


(B)International Convention on Economic, Social and Cultural Rights.


(C)Convention on the Rights of Child.


(D)Optional Protocol to International Civil and Political Rights.



59. The 'Convention on Elimination of All Forms of Discrimination Against Women' was entered into force in the year.

(A)1979

1981

(C)1989

1992



60. The Committee on Economic, Social and Cultural Rights was established under ECOSOC Resolution No. 17 adopted on

(A)28th May, 1985


(B)30th May, 1985


(C)26th April, 1986


(D)24th May, 1986



61. Which one of the following is the fourth generation of Human Right

(A)Right to Life


(B)Right to Health


(C)Right to Environment


(D)Right to Communication



62. Which of the following statement is true

1. Under English Law Libel is actionable per-se.

2. Under Indian Law as well as Slander are actionable per-se.

3. Under English Law, only is a crime.

4. Under Indian Law both and 'Slander' are crime.


2 and 3 are correct.


3 and 4 are correct.


3 and 4 are correct.


3 and 4 are correct.



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

List I List II

a.Deficiency of services 1. Section 12

b.Grounds of making a complaint 2. Section

c.Findings of the District Forum and relief 3. Indian Oil Corporation Vs. Lakshmi Shankar Narain (1999) 9 S.C.C.2

d.An ex-parte unreasoned order can be recalled 4. Section 14

Note Section above are from the Consumer Protection Act.

Codes
a b c d

2 4 3


1 4 3


1 3 4


4 2 1

64. Nuisance is a form of Tort

(A)Which is actionable per-se.


(B)Which is not actionable per-se.


(C)Actionable per-se if plaintiff suffers pecuniary loss.


(D)None of the above



65. Assertion Services rendered to a patient by a Medical Practitioner, by way of consultation, diagnosis and treatment would fall within the ambit of 'services' as defined, in Section of the Consumer Protection Act.

Reason Like other professions, Medical Practitioner should also conduct himself by using of reasonable skill and care. Find correct answer using codes given below

Codes

is true and is false.


is true, but is false.


and both are true, but is not correct explanation of


and both are true and is correct explanation of



66. Which of the following is an essential constituent of negligence

1. Defendant was under a legal duty to exercise due care.

2. This duty was owed to plaintiff.

3. Defendant committed breach of such duty.

4. That the breach of such duty was the direct and proximate cause of the damage alleged.



2 and 3 are correct.


3 and 4 are correct.


3 and 4 are correct.


2 and 4 are correct.



67. The Rule of 'Absolute Liability' was laid down in the case

(A)M.C. Mehta Vs. Union of India


(B)Madras Railways Co. Vs. Zamidar


K. Nagireddi Vs. State of A.P.


(D)Minu B. Mehta Vs. Balakrishna



68. Consider the following elements

1. Infringement of a legal right

2. Legal damage

3. Any damage

4. Existence of legal right Right to claim damages in Tort would arise only if

and 2 are present.


2 and 4 are present.


3 and 4 are present.


and 4 are present.



69. Which statements are correct Directors are

Trustees of Company
Managers of Company
Agents of Company
Owners of Company

Codes

and are correct.


and are correct.


and are correct.


and are correct.



70. Which one of the following is correct statement

(A)Every agency is partnership.


(B)Every partnership is agency.


(C)Every partnership is limited company.


(D)Every private limited company is partnership.

71. Read the following passage and match the column. No suit to enforce a right arising from a contract shall be initiated in any court by any person suing as a partner in a non-registered firm. Registration of firms is not compulsory. There is no penalty for non-registration. An unregistered firm cannot sue any third person for the enforcement of any right arising from contract.

Column P Column Q

a.Registration 1. No penalty

b.Non-registration 2. Optional

c. Partner of a registered firm 3. Unenforce­ability of his rights

d. Partner of a non- 4. Can sue registered firm

Codes
a b c d

2 3 4


1 4 3


1 3 4


3 2 4



72. Assertion Doctrine of Indoor Management protects an outsider dealing with a company from irregularities inside a company.

Reason Doctrine of ultra vires protects an outsider dealing with a company for corporate capacity not mentioned in the objects clause.

Choose correct answer from below

Codes

is true, but is false.


is false, but is true.


and are true, but is not an explanation of


and are true, and is an explanation of



73. Match items in Column P with items in Column according to provisions of the Negotiable Instrument Act.

Column P Column Q

a.Definition of 1. Section 30 promissory note

b. Drawer of cheque 2. Section 45-A

c. Holder's right to duplicate 3. Section 135

d.Dishonour 4. Section 4


Codes
a b c d

4 1 3


2 3 1


1 3 2


1 2 3



74. Which statements are correct

Partners have right to profit.
Partners have right to attend general meeting.
Partners have right to interest.
Partners have right to appoint proxy.

Codes

and are correct.


and are correct.


and are correct.


and are correct.



75. Match an item in List P with an item in List Q.

List P List Q

a.Prohibition of assignment of office by Director. 1. Section 267

b.Appointment of alternate Director. 2. Section 312

c. Disqualifications to be a Director. 3. Section 5

d. Officer who is in default. 4. Section 313

Codes
a b c d

2 1 3


4 1 3


4 3 1


3 1 4


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