Exam Details

Subject law
Paper paper 2
Exam / Course ugc net national eligibility test
Department
Organization university grants commission
Position
Exam Date June, 2015
City, State ,


Question Paper

1 Which of the following statement(s) is/are incorrect
In Keshavananda Bharati case, the Supreme Court has said that the Preamble to the constitution is a key to open the mind of the makers.
"Socialist and Secular" words were added to the Preamble by 44th Amendment of the Constitution.
Preamble can only be amended if it violates the Basic Structure of the Constitution.
Since Preamble is not Articled so it is not the part of the Constitution.

Codes

only

and

and

and all are incorrect

2 Match List I with List II and give the correct answer by using the codes given below the Lists
List I List II

Article 329 Golak Nath Vs. State of Punjab

10th Shedule Part 7 Keshavananda Bharati Vs. State of Kerala

Article 31-C Indira Nehru Gandhi Vs. Raj Narain

Article Kihota Vs. Zachilhu

Codes









3 "If I was asked to name any particular Article in this Constitution as the most important an Article without which this constitution would be a nullity I could not refer to any other Article except this one (Article 32) ................ It is the soul of the Constitution and the very heart of it". Whose observations are these

Justice P.N. Bhagwati

Dr. B.R. Ambedkar

Justice V.R. Krishna Iyer

Pundit Jawahar Lal Nehru

4 Which of the following statement(s) is/are incorrect
Chapter III on Fundamental Rights of the Constitution is based upon Bill of Rights of the U.S.A.
'Right to die' is a Fundamental Right Under Article 21 of the Constitution.
Indian Constitution is a Complete Federal Constitution. Fundamental Rights can be waived under the Indian Constitution.

Codes

only

and only

and only

and

5 Match List I with List II and give the correct answer by using the codes given below the Lists
List I List II
(Principles) (Case Lat)

Equal work for Equal pay R.D. Shetty Vs. The International Airport Authority of India

"Agencies or Instrumentalition" Rudal Sah Vs. State of Bihar of the State are covered under the definition of State Under Article 12 of the Constitution

Fundamental Rights and Randhir Singh Vs. Union of India Directive Principles of state policy are supplementary and complimentary to each other

Damages can be awarded for Unikrishnan Vs. State of A.P. violation of Fundamental Rights Under Article 21 of the Constitution

Codes









6 Match List I with List II and give the correct answer by using the codes given under the Lists
List I List II
(Added/Amended Provisions) (Amendment)

Article 15 clause providing for special 25th Amendement Act, 1971 provisions for socially and educationally backward classes.

Article 13 clause providing for nothing Constitution (85th Amendment) shall apply to any constitutional amendment. Act, 2001

Article 16 clause providing for Constitution (86th Amendment) consequential seniority with promotion Act, 2002 to SC/ST.

Article 21 A providing for Right to Constitution (1st Amendment) Education as Fundamental Right. Act, 1951

Codes









7 Assertion Powers and functions are distributed between the two tiers of government under the written Constitution in India.
Reason Union and the States are completely independent of each other under the Indian Constitution.

Codes

is correct and is the correct explanation of

is correct but is not the correct explanation of

is correct but is wrong.

is wrong but is correct.

8 Which of the following school in jurisprudence encompasses the 'functional approach'

Philosophical school

Natural school

Sociological school

Historical school

9 A legal system which works to ensure a fair division of social benefits and burdens among the member of a community. It serves to secure a balance and equilibrium among the members of the society. What is the name of this legal system

Distributive justice

Corrective justice

Remedial justice

Adversarial justice

10 Which of the following is not correct regarding Legislation and Precedent

Legislation reflects the formal will of the state and precedent has its source in judgement of court

Legislation is the formal expression of new laws by legislature and precedent is the creation of law by recognition

Legislation is general declaration of law in abstract form and precedent is the manifestation of law in action

Legislations are based on the minority opinion and precedents are created or based for future decisions

11 Read Assertion and Reason and give the correct answer with the help of codes given below
Assertion A person in possession of a thing is deemed to be the owner of the thing possessed.
Reason Possession is as good as ownership.

Codes

and are true, and is the correct explanation of

and are true but is not the correct explanation of

is true but is false

is false but is true

12 Which of the following is not a 'kind of possession'

Def acto and Defjure

Concurrent and duplicate

Corporeal and Immediate

Infinity and Antequity

13 Which of the following are elements of legal right

Responsibility, Liability and Power

Subject, object and title

Liability, title and Accountibility

Accountibility, Responsibility and Impartiality

14 "International Law or the Law of Nations is the name of body of rules which according to the usual definitions regulate the conduct of the states in their intercourse with one another". Who has given this definition

Hack Warth

Charles G. Fenwick

Gray

Whiteman

15 In which of the following cases the Parmanent Court of International Justice applied the general principle of Subrogation

Chorzow Factory (indemnity case)

Case Concerning the Temple of Preah Vihear

Bracelona Traction Case

Mavrommatis Palestine Concessions Case

16 In which of the following cases Justice Gray remarked "International law is a part of our law and must be ascertained and administered by the courts of justice of appropriate jurisdiction as often as questions of rights depending on it are duly presented for administration."

Nicaragua Vs. U.S.

Paquete Habana case

U.S. Vs. Schooner

U.S. Vs. Canada

17 Match List I with List II and give the correct answer by using the codes given below the Lists
List I List II
(Charter of the United Nations) (Number of the Chapter) Titles
Membership Chapter XIV

The Security Council Chapter II

The International Court of justice Chapter V

The General Assembly Chapter IV

Codes









18 Who has observed, "DefFacto recognition is by nature provisional and may be made dependent upon conditions which the new entity has to comply. It differs from DefJure recognition, in that there is not yet a formal exchange of diplomatic representatives. DefJure recognition ................ is complete, implying, full and normal diplomatic relations".

Lauterpacht

Philip C. Jessup

Oppenheim

Schwarzenberger

19 Assertion International customs used to be the most important source of International Law in the past. Reason The development of custom is very slow and as compared to it rapid changes made through Treaties.

Codes

Both and are correct and is the correct explanation of

Both and are correct but is not the correct explanation of

is correct is false

is false is correct

20 Marriage under the Hindu Marriage Act, 1955 is

Purely contract

Purely sacramental

Semblance of contract and sacrament

Neither contract nor sacrament

21 Match the List with List -II under the Hindu Marriage Act, 1955 and give the correct answer with the help of codes given below
List I List II
Monogamy Section 10

Judicial separation Section 5

Void Marriage Section 11

Divorce by Mutual Consent Section 13-B

Codes









22 Which of the following are fault grounds of divorce under the Hindu Marriage Act, 1955
Extra marital sex
Consent obtained by force or fraud
Desertion
Conversion to non Hindu religion

Codes

and

and

and

and

23 A Muslim male is prohibited from marrying the following relations
Mother, Grand mother (how high so ever)
Daughter, Grand daughter (how low so ever)
Aunt, Great aunt (how high so ever, whether paternal or maternal)
Niece, Grand niece (how low so ever)

Codes

and

and

and

and

24 The Dissolution of Muslim Marriage Act, 1939 makes available the following grounds of divorce to a Muslim woman married under Muslim Law
Seven years imprisonment of the husband.
No maintenance by husband for 2 years.
Whereabouts of the husband are not known for a period of 4 years.
Failure of husband to perform marital obligation for a period of 3 years.

Codes

and

and

and

and

25 The ancient sources of Hindu Law include
Shruti Smriti Customs Digests and Commentaries

Codes

and

and

and

and

26 Originally under the Hindu Marriage Act, 1955, divorce was based on

Fault theory only

Breakdown theory

Consent theory

Fault and consent theories

27 "A grocer supplied goods worth . 6,000 on credit to A. In addition the grocer solicited a donation of . 2,000 for his sons education to which A consented. Later A refused to pay both sums as he lost money on stock transaction". Which one of the following is correct while deciding the liability of A

A has already availed of the benefits in terms of goods supplied, hence consideration between the two binds A to pay.
A is not bound to pay . 2,000 as it a gift which is not enforceable in Law.
A is liable to pay both Sums as it is a promise between A and grocer.
A is not liable to pay either of the Sums as both of them are joint and not separate.

Codes

and

and

and

and

28 "X makes an offer to Y. X dies the next day, but Y does not know of the death. Y sends a communication to the address of X accepting the offer". Is the agreement formed between the parties Choose the correct answer.
Requirements of offer followed by acceptance are met.
Absence of knowledge of death will not invalidate the agreement.
No meeting of minds which does not render it to agreement. Death of the offerer reduces it to nullity.

Codes

and

and

and

and

29 Match items of Group with those of Group and choose the correct answer using codes
Group A Group B
Food Corporation of India Vs. Impossibility of performance Ram Keshav Yadav
Kedar Nath Bhattacharji Vs. Capacity of minor to enter Gori Mohammed into contract
K. Balakrishnan Vs. K. Kamalam Offer and acceptance Satyabrata Goshe Vs. Consideration Mugneeram Bangar and Co.

Codes









30 Agreement without consideration is valid under Indian Law. Among the following statements choose the one which is against this rule

When agreements written exist on account of natural love and affection.

When the consideration is too inadequate.

Where the consideration is past one.

Where the consideration is from third party.

31 Choose the incorrect combination

Proposal Acceptance Promise

Promise Consideration Agreement

Agreement Enforceability Contract

Proposal Consideration Acknowledgment

32 Match items of Group A with Group B and answer the correct one given in the code
Group A Group B
Doctrine of unjust enrichment Section 11 of Contract Act
Doctrine of absolute contract Section 56
Doctrine of Estoppel Section 72
Doctrine of Pari Delicto Section 23

Codes









33 "Just as the criminal law consists of a body of rules establishing specific offence, so the law of torts consists of a body of rules establishing specific injuries". Who stated this

Austin

Salmond

Winfield

Pollock


34 Consider the following elements
Infringement of a legal right
Any damage
Existence of a legal right
Legal damages Right to claim damages in tort would arise only if

Codes

and are present

and are present

and are present

and are present

35 Assertion X opens a food court in front of 'food joint'. All the customers of Y patronise X. Y can not claim damages from X.
Reason There is a Latin maxim 'damnumfsinefinjuria'. Give the answer using the following Codes

Codes

is true but is false

is false but is true

Both and are true but is not the correct explanation of

Both and are true and is the correct explanation of

36 In contributory negligence

Only one party is negligent and other has not taken due care.

Both parties have contributed to negligence equally.

Lack of care is equal on both sides.

One party is negligent resulting in injury while the other has taken due care.

37 Match List I with List II and select the correct answer using the codes given below
List I List II
(Principle) (Associated Case)
Absolute Liability Gloucester Grammar School
Damnumfsinefinjuria Ashby Vs. White
Injuriafsine fdamnum Stanely Vs. Powel
Inevitable accident Ryland Vs. Fletcher

Codes









38 Which one of the following is not a valid defence in tort

Vis major

Volenti non fit injuria

Inevitable accident

.cientifnotf itfinjuria

39 Fill in the gap The actusf reus of omission commands .......... .

There must be moral duty.

There should be legal duty to act.

The state has option to fix criminal liability.

The act performed is due to unavoidable accident.

40 Several persons can be vicariously liable for the Criminal act of another provided there is prior meeting of mind between the persons. Which of the objectives of Criminal Law is applied in such a Case

A pre-arranged plan with intention of performing the act.

A pre-arranged plan for causing injury.

A pre-arranged plan to kill the deceased whether fatal blow was given by that accused or not.

The pre-arranged plan must be incompatible with the innocence of the accused.

41 The applicability of the principle on common object has two essential features. One purpose is that the object must import a high degree of probability. while the other purpose is

An act committed immediately connected to the common object of the assembly.

The member must have prior knowledge that there is possibility of the happening of the act.

The Co-accused knows that he will be responsible for offence that is likely to be committed.

The object was to cause simple injury but a fatal injury resulted.

42 In which of the cases the measures of self-defence is considered to be proportionate to the quantum of force by the person accused for an offence

Aggression

Accident

Apprehension

Assault of harmless nature

43 Ignorance of law does not permit acquittal as it is built against justification of a Crime while in extreme cases it allows

Pardon

Suspended sentence

Deferred sentence

Paper sentence

44 In which of the circumstances an inchoate instigation to Commit a Crime is said to be incomplete

Withdrew from the act after instigation.

The letter posted could not reach the person so sent.

When the purported crime is different from that of instigation.

When the crime results through the conspiracy of another person.

45 Read Assertion and Reason and answer using codes given below
Assertion Managers collectively bargain with labourers to get cheapest labour rates and derive maximum benefit from labourers.
Reason Management must manage to maximise profits for company and give maximum dividend to shareholders. Management must be economically sound.

Codes

Both and are correct and is correct reason of

is right, but is wrong.

is wrong, but is right.

Both and are correct, but is not the correct answer for

46 An Independent Industrial Relation Commission to provide labour welfare in India was recommended by

Ramanujam Committee

Madhavan Committee

Vasudevan Committee

Santhanam Committee

47 Match List with List using codes given below. Answer in context of rights and liabilities of trade unions
List I List II

Convey Vs. Wade Role and right of minority trade unions

Rohtas Industries Staff Union Inducement to break a contract without Vs. Bihar violence is permissible

Chairman, S.B.I. Vs. Orissa Amplification of scope of immunity Bank Association provisions for striking employees

Food Corporation of India Secret ballot is valid as a credible system for Staff Union Vs. F.C.I. determining the representative character of a trade union in a multi union establishment

Codes









48 Read Assertion and Reason and answer using codes given below
Assertion Civil servants are engaged in the task of sovereign and regal task of the Government and as such they can be included with the definition of 'workman' in an 'industry' as contemplated in Section and of the Industrial Disputes Act.
Reason Because Tamil Nadu, N.G.O. Union Vs. Registrar of Trade Unions decided so. Codes

and are correct, and is the correct reason of

and are correct, but is not the correct reason of

is correct, but is wrong

Both and are incorrect

49 Which of the following statements, is correct

A Trade Union cannot constitute a separate or political fund under Section of the Trade Union Act.

The general fund of a trade union cannot be utilised for the purpose stipulated in Section 15 of Trade Union Act.

Trade Unions are not immune from civil and criminal liability.

Certain officers of trade union, who are styled as protected workmen, are given certain safeguards in the matter of alteration of service conditions and termination of service during the pendency of any proceeding in respect of an industrial dispute.

50 Which of the following is incorrect

An Employee having less than one year of continuous service will not be retrenched.

One months notice with reasons and one months wages in lieu of such notice is necessary.

Employee is entitled to compensation equivalent to 15 days average pay for every completed one year.

Serving of notice to appropriate Government or any such authority is not mandatory.


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