Exam Details

Subject law
Paper paper 3
Exam / Course ugc net national eligibility test
Department
Organization university grants commission
Position
Exam Date September, 2013
City, State ,


Question Paper

1. Which one of the following features does not support the federal character of Indian Constitution

Distribution of powers between Centre and States

Authority of Courts

Supremacy of the Constitution

Single citizenship

2. Match List-I with List-II and select the correct answer using the codes given below
List I List II
I. Law declared by the Supreme Court to be binding on all courts. Article 141
II. Advisory jurisdiction of Supreme Court. Article 143
III. Power of Supreme Court to review its own judgement. Article 137
IV. Appeal by Special Leave Article 136

Codes

I II III IV








3. In which of the following cases free and fair election is recognized as basic structure of Indian Constitution

Indira Gandhi V. Raj Narayan

Minerva Mills V. Union of India

Both and above

None of the above



4. Which one of the following cases is not related to the doctrine of severability

A.K. Gopalan V. State of Madras

R.M.D.C. V. Union of India

Minerva Mills Ltd. V. Union of India

Kihota Holohan V. Zachithu



5. Match List-I with List-II and select the correct answer using the codesgiven below
List I List II
I. Power of Parliament to legislate on State subjects in national interest. Article 249
II. Power of Parliament to legislate on State subjects during a proclamation of emergency. Article 250
III. Power of Parliament to legislate for giving effect to treaties and international agreements. Article 252
IV. Power of Parliament to legislate on State subjects with the consent of the States. Article 253

Codes

I II III IV










6. Which of the following Articles providing for fundamental rights cannot be suspended during the Proclamation of Emergency

Articles 14 and 15

Articles 19 and 20

Articles 20 and 21

Articles 21 and 22



7. Assertion Under Article 368, the Parliament can amend any provision of the Constitution except the basic structure of the Constitution.
Reason The Supreme Court has restricted the absolute power of Parliament to amend any provision of the Constitution.

Codes

Both and are true and is the correct explanation of

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

is true, but is false.

is false, but is true.

8. Clause to Article 51-A was added by

The Constitution (73rd Amendment) Act.

The Constitution (85th Amendment) Act.

The Constitution (86th Amendment) Act.

The Constitution (93rd Amendment) Act.


9. Doctrine of Separation of Powers was systematically formulated by

Plato

Montesquieu

Dicey

Aristotle



10. 'Rule of Law' means
Supremacy of Judiciary
Supremacy of Law
Equality before Law
Supremacy of Parliament

Codes

and

and

and

and



11. Match List-I with List-II and select the correct answer using the codes given below
List I List II
Abuse of discretion 1. Rule of Law
Equality before law 2. Lack of Power
Delegated legislation 3. Check and Balance
Separation of powers 4. Ultra-vires

Codes


2 1 4 3

1 2 4 3

3 3 2 1

4 4 1 2


12. Writ of Mandamus may be issued to

Compel the judicial or quasi-judicial authorities only to act.

Compel the authority to act.

Compel the authority, how to act.

Compel a private person.



13. Doctrine of Locus Standi means

Writ can be filed by any person.

Power of courts for judicial review.

Right of petitioner to file the writ petition.

Discretion of administrative authority.




14. Which one of the following statement is true

Delegated legislation cannot have retrospective effect.

Delegated legislation can have retrospective effect, if authorized by Act or Statute.

Delegated legislation can have retrospective effect, if not authorized by Act or Statute but have reasonable and rational justification.

None of the above.



15. "Constitutional law is concerned with the organization and functions of government at rest, while administrative law, is concerned with that organization and those functions in motion." This statement was given by

Austin

Salmond

M.P. Jain

None of the above



16. Writ of Quo Warranto can be issued

against any person.

against public officer, who wish to assume the office.

against public officer, who is holding public office.

against public officer, who has ceased to hold the office.



17. Who defined "jurisprudence as the formal science of positive law"

Holland

Ulpanian

Bentham

Blackstone



18. "A legal right is an interest recognized and protected by a rule of legal justice. An interest in the violation of which would be a legal wrong, done to him whose interest it is and respect of which is a legal duly". It was stated by

Salmond

Starke

Both and

None of them



19. "Corporate personality is a mere procedural form which is used to work out a convenient way for immediate purpose". It was stated by

Holland

Austin

Starke

Honfield



20. Which of the following statement is not true

Possession is a nine point of law.

Possession is an evidence of ownership.

Possession is protected till someone else provided a better title in himself.

Possession once lost cannot be regained.



21. Which of the following duties have been included by Austin in the category of "Absolute duties"
I. Duties owed to indeterminate persons.
II. Self regarding duties.
III. Duties owed to the sovereign.
IV. Duties owed to the parents.
Select the correct answer by using the codes below
Codes

III and IV

II, III and IV

II, and IV

II and III




22. The physical element of possession is also called as

Ratio decidendi

Corpus decidendi

Corpus possessionis

Animus possidendi



23. Assertion Ownership subject to condition subsequent is vested ownership.
Reason Possession and ownership do not differ in their mode of acquisition.
Codes

Both and are true and is the correct explanation of

Both and are true, but is not correct explanation of

is true, but is false.

is false, but is true.



24. The interest theory of legal right is propounded by

Durkein

Dicey

Paton

Ihering



25. The application of doctrine of vicarious liability in crimes seems to have been actuated by a necessity rather than desirability. The justification is based on

Public policy

Failure to supervise

Treated as unauthorised

Strict liability



26. In which of the offences the actual commission of offence is not punished but it's attempt is punished

When the execution of murder falls short.

Causing miscarriage.

Suicide.

Exposure with intention to abandon the child.



27. An offender claiming exemption of criminal liability under Section 84 of Indian Penal Code must be incapable of knowing

the nature of the act

the act was contrary to law

the act was wrong

All of the above



28. There is no right of private defence against an act done, by any person under the direction of a public servant but is subjected to fulfillment of certain condition like

the act must be done in good faith.

the direction was not strictly justifiable by law.

The directed act has not been generated reasonable apprehension of death.

All of the above.



29. The Indian Penal Code makes a broad distinction between principal wrong doer and an abettor and does not recognize the accessory except in case of harboring when

Instigating a person to commit an offence.

Engaging in a conspiracy to commit an offence.

Intentionally aiding a person to commit an offence.

None of the above.



30. In order to attract application of Sec.304-B of Indian Penal Code it is essential that the death has occurred within

Seven years but as engagement is part of marriage the period of limitation should be counted from that date.

Actual death should have occurred within seven years of her marriage.

Actual cruelty should have been for demand of dowry whether or not death resulted after seven years of marriage.

Depends upon possibility to ruling out an accidental death within the period of seven years.



31. Administration of unwholesome drug is strictly punishable under law even though it may not cause hurt. Under what provision of law punishment can be inflicted

Section 324

Section 328

Section 326

All of the above



32. A police officer arrested a person without warrant who was drunk and creating disturbance in a public street. The action of police amounts to

Detention

Wrongful confinement

Wrongful restrain

None of them



33. The Air (Prevention and Control of Pollution) Act, 1981 shall have precedence over other laws and therefore, the provisions of the Act shall have effect despite the inconsistency with the provisions of any other enactment. However it is subject to

The Mines Act, 1952

Atomic Energy Act, 1962

The Factories Act, 1948

None of the above



34. Which of the following is popularly known as "Forest Conservation Case"

Environment Awareness Forum Vs. State of J 1999 1 SCC 210

T.N. Godavarman Thirumulk Pad Vs. Union of India, 1997 2 SCC 267

M.C. Metha Vs. Union of India, 1992 1 SCC 358

Tata Engineering Locomotive Co. Ltd Vs State of Bihar, 2000 5 SCC 346



35. Taj Trapezium case is between

Indian Council for Enviro-Legal Action Vs. Union of India, 1996 3 SCC 212

Ramji Patel Vs Nagarik Upbhokta Marg Darshak Manch, 2000 3 SCC 29

Vineet Kumar Mathur Vs. Union of India, 1996 7 SCC 714

M.C. Metha Vs. Union of India, 1997 2 SCC 353



36. The increased noise level can cause loss of hearing and irreversible changes in nervous system. Mention the Safe Noise Level fixed by the World Health Organisation.

80 decibels

90 decibels

60 decibels

45 decibels



37. The United Nations proclaimed which of the following day as the "International Drinking Water Supply and Sanitation Decade"

10th Nov. 1980

12th Sept. 1980

10th Nov. 1990

12th Sept. 1990



38. The Central or State Board under the Water (Prevention and Control of Pollution) Act, 1974 is required to meet at least

every one month

every two months

every three months

every six months



39. The "precautionary principle" and the "polluter pays principle" are part of the Environmental Law of our country.

True

False

Partly true and partly false

None



40. "International Law is defined as Law of Nations or International Law is the name for the body of customary and conventional rules which are considered legally binding by civilized States in their relation with each other."
Above statement is attributed to

Charles G.Fenwick

J.G. Starke

J.L. Brierly

L. Oppenheim



41. Assertion Custom is a rule of conduct, obligatory on part ofthose who are within its sphere,established by long usage andpractice.
Reason Rule of conduct are obligatory in any establishedsphere.
Codes

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

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

is true, but is false.

is false, but is true.



42. Which of the following statements istrue

Pacta tertius nec nocent nec prosunt, means the UN Charter cannot bind non members.

The General Assembly has theessential element of binding decision.

The Security Council is anadvisory body only.

The Security Council may never take action involving useof armed forces.



43. In which case the following principlewas laid down
"The absence of one party's consent to jurisdiction when proceedings were instituted was cured by subsequent consent to jurisdiction given outside, and without specific reference to theproceedings before the court."

Mavrommatis Palestine Concessions case (Jurisdiction),PCIJ Series No. P. 34.

Corfu Channel case (Preliminary objections), ICJRep. 1952, PP. 102 03.

Electricity Co. of Sofia case,Series A/B. No. 77, P. 77.

Right of Passage Over Indian Territory case (Preliminary objections), ICJ Rep., 1957, P. 125.



44. Match List-I with List-II and give correct answer using the codes given below
List I List II
Positive International Morality Treatycontract
Source of International Law Stepping into shoes of another
Agreement of States Judicial pronouncements
Subrogation John Austin

Codes











45. Which of the following statement is true

A recommendation of General Assembly may be without true legal effect, it may have effects of a moral and political character.

A decision of General Assembly may be with true legal effect, it may not be without effects of a moral and political character.

A decision of General Assembly is immoral and unethical, if it is without true legal effect.

None of the above.



46. Legal effects of recognition are
Recognised State can sue in municipal courts of recognizing State.
Recognised State can claim possession of property situated within jurisdiction of the recognizing State which formerly belonged to preceding government.
The recognized State becomes entitled to claim sovereign immunity from being impleaded in the municipal courts of the recognizing State.
The recognized State acquires the capacity to enter into diplomatic relations with other States and to conclude treaties with them.
Codes

only

and only

and only

and



47. Which one of the following is not condition with regard to the persons who may be adopted, under Hindu Adoptions and Maintenance Act, 1956

He or she must be a Hindu.

He or she must has not already been adopted.

He or she must consent to adoption.

He or she must has not completed the age of fifteen years, unless there is custom.



48. The right to contract a minor in marriage under Muslim Law, belongs, successively to
I. Father
II. Mother
III. Paternal grand father
IV. Brother
Codes

II, III, IV

III, IV, II

III, IV, II

II, III, IV, I




49. Under Section 19 of the Hindu Marriage Act, 1955, a petition in a Matrimonial case has to be filed at the place

where the respondent, at the time of the presentation of the petition, resides.

where the parties to the marriage last resided together.

in case the wife is the petitioner, where she is residing on the date of presentation of the petition.

All the above.



50. In which of the following case the question of constitutional validity of Section 9 of the Hindu Marriage Act, 1955, came for consideration for the first time

Saroja Rani V. Sundarshan Kumar

Bipin Chandra V. Prabhavati

Savitry Pandey V. Premchandra Pandey

Lachman V. Meena



51. In which of the following case, the court held that "Dower is a sale-price of women"

Humara Begam's case

Abdul Kadir's case

Subrunnissan's case

Shah Bano's case



52. "Single Act of adultery" is a ground for

Judicial Separation

Divorce

Divorce and Judicial Separation both

None of the above



53. Dower in Muslim Law is
I. Dowry
II. An obligation imposed upon husband as a mark of respect for wife.
III. Sale price of woman.
IV. Consideration for marriage.
Select the correct answer by using the codes given below
Codes

III and IV are correct.

II and III are correct.

II and IV are correct.

I and III are correct.



54. Match List-I with List-II and give the correct answer by using the codes given below
List I List II
(Provisions) (Sections of Hindu Marriage Act, 1956)
Registration of Hindu Marriages. Section 13 B
Divorce by Mutual Consent. Section 16
Legitimacy of children of void and voidable marriages. Section 8
Divorced persons when may marry again Section 15

Codes











55. The movement for protection of human rights gained greater momentum after

American War of Independence.

Second World War

Atlantic Charter, 1941

The European Convention on Human Rights, 1950


56. The following period was designated by the United Nations as the UN Decade for Human Rights Education

1995 2004

1982 1991

1998 2007

2001 2010



57. Assertion The political implication of the theory of natural rights is that human rights, being inherent in man, existed prior to the birth of the State itself and cannot, therefore, be violated by the State.
Reason Human rights are senior to State.
Codes

Both and are true, and is the correct explanation of

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

is true, but is false.

is false, but is true.



58. "You are a human being. You have rights inherent in that reality. You have dignity and worth that exists prior to law." This is the statement of

Bhagwati, J

Lyn Beth Neylon

Kofi Annan

None of the above



59. one shall be subjected to arbitrary asset or detention.' Under which Article of the Universal Declaration of Human Rights, this right has been declared

Article 5

Article 7

Article 8

Article 9



60. Section 19 of the Protection of Human Rights Act, 1993 provides protection to

Army only

Police only

Navy only

All of the above



61. 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

Visakha Vs. State of Rajasthan.

Maneka Gandhi Vs Union of India.

Ratlam Municipality Vs Vardhichand.

Nilabhati Behra Vs. State of Orissa.



62. "Tortious liability arises from breach of duty, primarily fixed by law; this duty is towards persons generally and its breach is redressable by an action for unliquidated damages" This definition is given by

Winfield

Salmond

Flemmings

Goodheart



63. The rule currently followed in India to determine remoteness of damages was laid down in

Re Polemis case

Overseas Tankship (U.K.) Ltd. V. Morts Dock Engg. Co. Ltd.

Liesbosch Dredger V. S.S. Edison

Smith V. London and South Western Rly. Co.



64. In an action for the tort of negligence, what is not required to be proved by the plaintiff is that

there is damage

duty-situation arises

breach of duty owed to some one

breach of duty owed to the plaintiff



65. For an action of nuisance defendant can put up the following defences.
The place is suitable for the purpose.
It is for the benefit of the residents of colony.
It is done under statutory authority.
Plaintiff has consented to the act. Select the right code.
Codes

2 and 3 are correct.

3 and 4 are correct.

3 and 4 are correct.

3 and 4 are correct.



66. Which one of the following is not a libel

A defamatory statement in print

A cinematographic film

Pictures

Sounds or gestures



67. Match List-I with List-II. Use the codes below to select the correct answer.
List I List II
Rylands V. Fletcher 1. Defamation
Bourhill V. Young 2. Negligence
Sturges V. Bridgman 3. Liability without fault
Newstead V. London Express 4. Nuisance

Codes


2 3 4 1

1 2 4 3

3 4 2 1

3 2 4 1



68. Which of the following statements is true Select using the codes given below
Words prima facie innocent may also turn out to be defamatory.
The plaintiff must explain the hidden defamatory meaning assigned to otherwise innocent looking statement.
The plaintiff must show how these words relate to him.
Words prima facie innocent cannot be defamatory.
Codes

Only 1 and 2 are correct.

2 and 3 are correct.

1 and 4 are correct.

Only 4 is correct.


69. Assertion Every partner may attend diligently to his duties in the conduct of business.
Reason Every partner must be intelligent.
Codes

Both and are true and is correct explanation of

Both and are true, but is not correct explanation of

is true, but is false.

Both and are false.



70. Registration of a firm is

Mandatory

Not compulsory

Desirable

Of no use



71. Match an item in List-I with an item in List-II, using codes given below
List I List II
(In case of a partnership) (Case)
Duty to account for personal profits. Pulin V. Mahendra, (1921)34 Cal. LJ405
Duty not to compete. Suresh Kumar V. Amrit Kumar, AIR 1982 Del. 131.
Duty of good faith. Gardner V. Mc Cutcheon, 4 Beav. 534 (1842)
Right to take part in business. Helmore V. Smith, (1886) 35 Ch D. 436 at P. 444

Codes












72. Which one of the following pairs does not match

Negotiable A piece of instrument paper

Negotiability Acquisition of property by one's own conduct

Nemo dat Negotiable quod non-instruments habet

Negotiable Transfer by instrument simple delivery

73. Which of the following statements is wrong

A condition can become warranty when waived by buyer.

A condition can become warranty when buyer accepts goods.

A condition can never become warranty.

Under a condition, a buyer has right to reject goods.

74. Directors are

only agents of a company.

only fiduciaries of a company.

only servants of a company under a contract of employment with the company.

All of the above.

75. Role of doctrine of ultra vires is

to fight virus of ultras.

to protect indoor managers.

to confine corporate action within fixed limits.

to protect directors for exercising their implied authority.


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