Exam Details

Subject law
Paper paper 2
Exam / Course ugc net national eligibility test
Department
Organization university grants commission
Position
Exam Date 02, December, 2012
City, State ,


Question Paper

1. Clause of Article 15 has been added to the Constitution by

The Constitution First Amendment Act.

The Constitution Second Amendment Act

The Constitution Fourth Amendment Act.

The Constitution Sixth Amendment Act.
2. The State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India as per

Article 40

Article 43

Article 44

Article 48
3. In India sovereignty lies with

The Constitution

The Supreme Court

The Parliament

The People
4. The Supreme Court of India formulated the doctrine of eclipse in

Bhikaji Narain Dhakras Vs State of M.P.

Bashesharnath Vs Income Tax Commissioner.

State of W.B. Vs Anwar Ali Sarkar

Maneka Gandhi Vs Union of India
5. The satisfaction of the President means the satisfaction of the Council of Ministers and not his personal satisfaction, held in

Samsher Singh Vs State of Punjab

U.N. Rao Vs Indira Gandhi

Ram Jawaya Kapoor Vs State of Punjab

Sardar Lal Vs Union Government
6. The Concurrent List was described as a 'Twilight as it were for both the Union and the States are competent to legislate in this field without coming in to conflict" is stated by

Basu, D.D.

Dicey, A.V.

Pyle, M.V.

Ambedkar, B.
7. Article 360 has been invoked

only one time.

two times.

three times.

never invoked
8. "Jurisprudence is concerned primarily with the effects of law upon society and only to a lesser extent with questions about the social determination of law." Who said it

Roscoe Pound

Eugen Ehrlich

Emile Durkheim

Max Weber

9. "True law is that which has right reason in agreement with nature" was propagated by

(A)Cicero


(B)Hart


(C)Grotius


(D)Salmond



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

List I List II

I. Privilege a. Gives content to the claim of a person
II. Duty b. Freedom from claim of another
III. Power c. Have no correlative claim according to Austin
IV. Absolute d. Ability of a
Duty person to change legal relations.

Codes

II- b III-d IV-c


II-a III-d IV-c


II-b III-c IV-d


II-a III-c IV-d



11. a servant finds a bag at the basement of the shop. He hands it over to the owner of the shop, who asks him to place it in the almirah. Now, the bag is in possession of

because he was the finder.


because he was the owner of the shop.


because he has kept it in the almirah.


because in him there was union of corpus and animus.



12. Which one of the following jurists emphasised that "We cannot understand what a thing is unless we study what it does"

(A)Salmond


(B)Roscoe Pound


(C)Kelsen


(D)Austin



13. Who defines 'ownership as planary control over an object'

(A)Austin


(B)Salmond


(C)Holland


(D)Savigny



14. Assertion A legal right is a legally protected interest.

Reason An element of advantage is essential to constitute right.

Codes

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


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


is true, but is false.


is false, but is true.



15. Assertion International Law Commission has initiated studies and prepared draft codes on diverse fields in international law.

Reason International Law Commission was established under General Assembly Resolution No. 174 adopted on 21 November 1947 with an object to promote, progressively develop and codify international law.

Codes

(A)Both and are true.


is true but is false.


is true but is false.


(D)Both and are false.

16. Match List I with List II.

List I Declaration/ Treaty/Convention List II Year of Adoption

a. Universal Declaration of Human Rights i. 1948
b. International Convention on Civil and Political Rights ii. 1966
c. Convention on the Rights of the Child iii. 2006
d. Convention on the Rights of Persons with Disabilities iv. 1999

Codes
a b c d

ii iv iii


i iv iii


iii ii i


(D)iii ii iv i



17. Jus Cogens means

(A)Peremptory norm of international law.


(B)Norm of international law.


(C)Peremptory norm which does not permit derogation.


(D)None of the above.



18. Which one of the following is primary source of international law

(A)Decisions of International Court of Justice.


(B)Resolutions of U.N. General Assembly.


(C)General Principles of law recognized by Civilized Nations.


(D)None of the above



19. Which one of the following is not a permanent member of the U.N. Security Council

(A)U.K.


(B)U.S.A.


(C)Japan


(D)China



20. "Recognition operates retroactively not to invalidate the acts of a former government, but to validate the acts of a de facto government which has become the new de jure government." has been held by the court in the case of

Civil Air Transport Inc. Vs Central Air Transport Corporation.


A.M. Luther Vs Sagar Co.


The Arantzazu Mendi


Gdynia Ameryka Linie Vs Boguslawski.



21. Rules relating to sapinda relationship are based on

(A)Principle of Endogamy


(B)Principle of Exogamy


(C)Principle of Polygamy


(D)Principle of Monogamy



22. On the ground of barrenness or sterility, marriage can be

(A)voidable


(B)void


(C)both and


(D)neither nor



23. Breakdown theory of divorce is reflected in

(A)Section 13 of Hindu Marriage Act, 1955.


(B)Section 13 of Hindu Marriage Act, 1955.


(C)Section 13 of Hindu Marriage Act, 1955.


(D)Section 13 of Hindu Marriage Act, 1955.


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

List I List II

a. Ashok Hura Vs Rupa Hura case i. Restitution of Conjugal Rights
b. Bipin Chandra Vs Prabhavati ii. Uniform Civil Code
c. Sarla Mudugal Vs Union of India iii. Dessertion
d. T. Sareetha Vs State of A.P. iv. Divorce by Mutual Consent.

Codes
a b c d

ii iii iv


iii ii i


iii i iv


iii i ii



25. Arrange the grounds of divorce in the order in which they appear in the Hindu Marriage Act, 1955. Use the codes given below

Mutual consent
Break down
Fault
Customary

Codes

III II I IV


III IV I


I II III IV


III I II



26. The petition for divorce by mutual consent may be presented if the spouses have been living separately for a period of

(A)One year


(B)Two years


(C)Three years


(D)None of the above



27. An offer and an acceptance to it must be in the

(A)same time


(B)same place


(C)same sense


(D)none of above



28. Which of the following statements are true

Past consideration is no consideration under Indian and English Law.
Past consideration is no consideration under Indian Law.
Past consideration is no consideration under English Law.
Past consideration is made in past.

Codes

and


and


and


and



29. Assertion When subject matter of a contract is destroyed, the contract is frustrated.

Reason Frustration of a contract frustrates a party to the contract.

Codes

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


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


is true, but is false.


is false, but is true.

30. Arrange the following concepts in which they appeared. Use the code given below

Invitation to offer
Damage
Offer
Damages

Codes














31. Match an item in List I with an item in List II, using code given below

List I List II

i. Capacity 1. Breach
ii. Damages 2. Unruly horse
iii. Remedy 3. Compensation
iv. Public policy 4. Sound mind

Codes
i ii iii iv

3 2 1


2 4 3


4 1 2


3 1 2



32. Which one of the following pairs does not match

(A)Novation of -Section 62 contract


(B)Agreement in -Section 29 restraint of legal proceedings


(C)Tender of -Section 38 performance


(D)Unlawful object -Section 23 and consideration



33. Which one of the following is not an example of vicarious liability

(A)Liability of the principal for the tort of his agent.


(B)Liability of partners for each others' tort.


(C)Liability of the master for the tort of his servant.


(D)Liability of the parents for the tort of the children.



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

List I List II

a. Injuria sine damnum 1. Reylands Vs Fletcher

b. Damnum sine injuria 2. Gloucester's Case

c. Strict liability 3. Volenti non fit injuria

d. Defence of consent 4. Ashby Vs White


Codes
a b c d

2 1 3


4 1 3


2 3 4


3 2 1



35. Rule of absolute liability was propounded by

(A)Justice Bhagwati


(B)Justice Sodhi


(C)Justice Ahmadi


(D)Justice Kuldeep Singh



36. Which one of the defence to strict liability is based on the maxim, volenti non fit injuria

(A)Consent of the plaintiff


(B)Act of God


(C)Act of Third Party


Statutory Authority

37. Mental condition of the wrong-doer at the time of wrong doing is

(A)relevant in all torts.


(B)relevant to torts based on fault.


(C)relevant in torts based on strict liability.


(D)not relevant in tortious liability.



38. Consider the following set of legal propositions

A person can claim damages for all wrongs he has suffered.
A person can claim damages for wrongs only if they are caused intentionally.
A person can claim damages for a wrong if it is caused by infringement of the legal right.
A person can claim damages even if he has suffered no loss. Of these above propositions which are correct


and


and


and


and



39. Which of the meaning given for the maxim "Actus me invite factus non est mens actus" is correct

(A)Merely a voluntary act by me will not be a crime with a criminal intention.


act done by me against my will is not my act.


(C)Neither I nor my person can be held liable for an act done under compulsion.


(D)All of them.



40. The general principles as to protection of an accused is based on

Autrefois acquit and Autrefois convict.

Reasonable doubt as to presumption of innocence.

Natural Justice.

Conviction can not be based without proving the guilt even if it was admitted.

Which statement is correct


is correct.


and are correct.


and are correct.


and are correct.



41. Fill in the blanks with appropriate words
The distinctive features of riot and unlawful assembly are an activity which is accompanied by


(A)use of force and violence.


(B)causing alarm.


(C)violence on a common purpose.


(D)all of them.



42. The offence of homicide supposes knowledge of likelihood of causing death.

(A)unlawful


(B)abnormal


(C)culpable


(D)all types of



43. The expression 'Seduced' used in Section 366 A of Indian Penal Code means to a woman to submit to illicit intercourse at any time.

(A)use of force by stress


(B)deceitfully induce


(C)willfully influence


(D)none of them


44. Preparation consists in devising or arranging means necessary for the commission of the offence. Such attempt is not punishable because

the motive was harmless.

impossibility to reach wrongful end.

does not affect the security of any person.

(iv)it remained without culmination. The reasoned answer is


(A)Only is correct.


(B)The most probability is and


(C)There is quite likelihood of and (iii).


(D)All the reasons and have to be examined.

45. No person employed in a public utility service shall go on strike

without giving notice of strike to employer.

within 14 days of giving such notice.

after expiry of date specified in notice for strike.

within 7 days of conclusion of conciliation proceeding.

Codes

and IV


and III


and II


and III



46. There can be lay-off for

(A)One day


(B)More than one day


(C)Maximum seven days


(D)Any period, even less than one day



47. In which of the following cases the court reiterated the well-known legal position that even a temporary worker can claim retrenchment compensation, if he is covered by the provisions of Section 25 F of the Industrial Disputes Act, 1947

(A)Tatanagar Foundary Co. Vs Their Workmen.


Management of Willcox Buckwell (India) Ltd. Vs Jagannath.


(C)Barsi Light Railway Co. Ltd. Vs Joglekar.


(D)Modern Stores Vs Krishandas.



48. Which one of the following statement is true

(A)All Government departments are industries.


Government department can be industry.


(C)Government department carrying on business or trade may be industry.


(D)Government department carrying on only sovereign function may be industry.



49. According to Section 9 A of the Trade Union Act, 1926 minimum requirement about membership of a trade union is

(A)Seven


(B)Ten percent or one hundred of the workmen.


(C)Ten percent or one hundred of the workmen, whichever is less.


(D)Ten percent or one hundred of the workmen, whichever is less, subject to minimum seven.



50. To be a member of trade union, a person must attain the age of

years


years


years


years


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