Exam Details

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


Question Paper

1 Read Assertion and Reason and answer using the codes given below

Assertion The preamble of the constitution of India defines the ideal philosophy of Indian democracy and its key-concepts are laid down as Justice, Liberty, Equality and Fraternity.

Reason A democracy to be real must be characterised by two features.

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.

2 Which of the following statements is wrong to issue Writ of Quo warranto

The office in question should be a public office

The office should be held by an usurper without legal authority

The petition is barred by res-judicata

It is necessary for the petitioner to show that he himself suffered a personal injury nor it is necessary to show that he is seeking redress of a personal grievance

3 Match List with List -II and select the correct answer using the codes given below the lists
List I List II
S.R. Chaudhuri vs. State of Punjab Ban on smoking at public places
Murali S. Deora vs. Union of India Two extra increments to the existing employees on earning Higher Qualification
Food Corporation of India vs. Bharatiya Khadya Nigam Karmachari Sangh Classifications based on the number of children for elected post in Panchayat
Javed vs. State of Haryana Non -member cannot be re-appointed as minister if he fails to get elected within six months.

Codes









4 Which of the following statements are correct; use the codes and answer Freedom of press includes
Right to print and publish news
Distribution of printed matter
Criticism of public affairs
Pre-censorship
Codes

and

and

and

and

5 During a Financial Emergency, the executive authority of the union exercises control over state finances through the following measures
It can issue directions to states to observe certain cannons of financial propriety
It can ask the states to reserve their money bills for the consideration of the President
It can direct the states to reduce the salaries and allowances of all the persons serving in connection with the affairs of the states, including the judges of the Supreme Court and High Courts.

Codes

and

and

and

and

6 Justice Pasayat held that 'pardon obtained on the basis of manifest mistake or fraud can be rescinded or cancelled' in the following case

G. Krishta Goud vs. State of A.P.

Maru Ram vs. Union of India

Epuru Sudhakar vs. Govt. of A.P.

Kehar Singh vs. Union of India

7 Read Assertion and Reason and answer using the codes given below

Assertion The administrative control over the Subordinate Judiciary in the State lies with the Governor.

Reason The High Court has a power of Superintendence over all courts and tribunals throughout the territory in relation to which it exercises jurisdiction, except military tribunals.

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 Who has described Jurisprudence as "The lawyer's extraversion. It is lawyer's examination of the precepts, ideals, and techniques of the law in the light derived from present knowledge in disciplines other than the law"

Paton

Holland

Austin

Julius Stone

9 Who may be regarded as the leading contemporary representative of British Positivism

Holland

Salmond

Hart

Hohfeld

10 Match List I with List II and give the correct answer by using the codes given below
List I List II
Justice is realised only through good law Jerome Hall
Moral value needs to be included in a John Finnis definition of positive law
Natural law with a variable content Morris
A sophisticated version of Natural Law Stammler has been put forward in the tradition of Aristotle and Aquinas

Codes









11 According to whom, whenever a person looked like an owner in relation to a thing, he had possession of it, unless possession was denied him by special rules based on practical convenience. The 'Animus' element was simply an intelligent awareness of the situation

Salmond

Pollock

Ihering

Savigny

12 Match List I with List II and give the correct answer by using the codes given below
List I List II
Social Solidarity Roscoe Pound
Social Utilitarian Grotius
Social Engineering Duguit
Social Contract Ihering

Codes









13 Match List I with List II and give the correct answer by using the codes below
List I List II
No one has any other than always to do his duty. Gray
is power over an object which by means of this right he subjected to will of the person enjoying the right. Holland
Legal right means, "A capacity residing in one man of controlling with the assent and assistance of the state, the acts of the other". Duguit
is not the interest by itself but it is a mean by which enjoyment of interest is secured Pachta

Codes









14 Who has stated that "As a matter of fact International law is neither a myth on the one hand nor a penacea on the other, but just one institution among others which we can use for the building of a better international order"

Prof. Louis Henkin

J.L. Brierly

J.G. Starke

Oppenheim

15 Which one of the following sources of International Law does not find or mention in Article 38 of the statute of the International Court of Justice but it has now become a well recognised source

International conventions

General Principles of Law Recognised by Civilized Nations

Decisions of Judicial or Arbitral Tribunals and Juristic Works

Decisions or Determinations of the Organs of International Institutions

16 Which of the following statement/statements is/are correct
Custom is the oldest and the original source of International as well as of law in general.
In Barcelona Traction case, the International Court applied the general rule of subrogation.
In Chorzow factory (Indemnity) case the Permanent Court of Justice ruled that the International law is based on justice, equity and good conscience.
In Nicaragua vs. U.S.A. The World Court has taken the view that the sources of International law are not hierarchial but are necessarily complimentary and inter related.

Codes

Only is correct

are correct

and are both correct

and all are correct

17 Which of the following statement/statements is/are incorrect
There are five prominent theories of relationship between International law and Municipal law
According to Dualism Theory law is a unified branch of knowledge
'Monism' and 'Dualism' are diametrically opposed to each other
Wright, Kelson and Duguit are prominent exponents of Dualism Theory

Codes

and are incorrect

and are incorrect

Only is incorrect

and all are incorrect

18 Match List I with List II and give the correct answer by using the codes given below the lists
List I List II
(Provisions) (Articles of Statute of International Court)

Law applied by the International Court of Justice Article 62
Transferred Jurisdiction Article 59
Court power to allow a state to intervene in case to which it is not a party Article 38
Binding Force of the decisions of the International Court of Justice. Article 36

Codes









19 Assertion When a state wants to delay the de jure recognition of any state, it may, in the first stage grant de-facto recognition.

Reason There is no distinction between facto' and jure' recognition for the purpose of giving effect to the Internal Acts of the Recognised Authority. Use the codes below and give the correct answer.

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 wrong

is wrong is correct

20 Two persons are said to be related to each other by uterine blood when they are descended from

a common ancestor by the same wife

a common ancestor but by different wives

a common ancestress by the same husband

a common ancestress but by different husbands

21 Match the List with List -II under the Hindu Marriage Act, 1... and give the correct answer with the help of codes given below
List I List II
Restitution of Conjugal Rights Section
Marriagable Age Section 29
Customary Divorce Section
Ceremonies of Marriage Section

Codes









22 In which of the following cases, a child could be a Hindu Answer with the help of codes
Only one parent is a Hindu and the child was brought up as a Hindu
Only one parent is a Hindu and the child was not brought up as a Hindu
If after the birth of child, father converts to non Hindu religion
Both the parents are Hindu
Codes

and only

and only

and only

and only

23 Under the provisions of the Hindu Marriage Act, 1... the decree of Judicial Separation
dissolve the marriage.
does not dissolve the marriage bond but only suspends marital rights and obligations during the subsistence of the decree.
the parties continue to be husband and wife but not obligated to live together and neither party is free to marry.
if after a decree of judicial separation the parties have not resumed cohabitation for a period of one year, either party may seek divorce.
Codes

and

and

and

and

24 Read Assertion and Reason and give the correct answer with the help of codes given below

Assertion The Muslim Personal Law (Shariat) Application Act, 1937 makes Muslim Law applicable expressly to all Muslims. Reason The Muslim Personal Law (Shariat) Application Act, 1937 has abrogated the customs and restored to Muslims their own personal law in almost all cases.

Codes

and are true and is the correct explanation of

is true but is false

is false but is true

Both and are false

25 Observance of is necessary

Where Cohabitation is lawful i.e. consummation of marriage.

Where Cohabitation is unlawful i.e. illicit intercourse and the pregnancy follows the illicit intercourse.

In both and

Only in and not in

26 Modern sources of Hindu law are

Legislation, Precedents and Digests

Legislation, Precedents, Equity etc.

Precedents, Smritis, Legislation

Legislation, Customs, Precedents and Commentaries

27 Match List I with List II and select the correct answer using the codes given below
List I List II
(Heads of Public Policy) (Case Law)
Trading with enemy Girdhari Singh vs. Neeladhar Singh
Trafficking in public offices Espostiv vs. Bowden
Interference with administration of justice Shivsaran Lal vs. Keshav Prasad
Marriage brokage contracts Nand Kishor vs. Kunj Behari Lal

Codes









28 Read Assertion and Reason and answer using codes given below

Assertion Compensation is recoverable for any loss or damage arising unnaturally in the unusual course of things from breach of contract, or which the parties did not know at the time of the contract as likely to result from the breach.

Reason Because Section -73 of the Indian Contract Act stipulates so.

Codes

Both and are right and is correct reason for

Both and are wrong

is right, but is wrong

is right, but is wrong

29 Doctrine of frustration was laid down for the first time in

Krell vs. Henry

Taylor vs. Caldwell

Paradine vs. Jane

Cricklewood Property and Investment Trust Ltd. vs. Leighton's Investment Trust Ltd.

30 Which of the following statements is correct

A contract is voidable because it was caused by a mistake as to any law in force in India.

A mistake as to law not in force in India has the same effect as a mistake of fact.

A contract is voidable merely because it was caused by one of the parties to it being under a mistake as to a matter of fact.

Where both the parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is not void.

31 An agreement without consideration is valid, unless

It is in writing and registered

Is a promise to compensate for something done

It is made by two minors

Is a promise to pay a debt barred by limitation law

32 A proposal is revoked

By the notice of revocation of the proposal

By the lapse of a reasonable time if the time is prescribed in the proposal

By acceptance of a condition precedent to acceptance

By the death or insanity of the proposer, if the fact of his death or insanity comes to the knowledge of the acceptor before acceptance

33 In order to bring an action for tort, the plaintiff has to prove that

There has been a legal damage caused to him

Violation of a legal right not vested in him

There has been no legal damage caused to him

Violation of no legal right and has not resulted in harm to him

34 In which case it was held by the Supreme Court that state was not liable on the ground that police were acting in discharge of statutory powers and power of the police in keeping the property in the police Malkhana was a sovereign power

Ramawati Kaur vs. State Bihar

Radha Aggarwal vs. State of U.P.

Kasturi Lal vs. State of U.P.

State of Bihar vs. Rameshwar Prasad

35 Match the List with List -II and give the correct answer by using the codes given below
List I List II
(Name of defence) (Name of Case
Act of State Buron vs. Denman
Consent Hail vs. Brookland and Auto Racing Club
Act of God Metropolitan Asylum Board vs. Hills
Statutory authority Nicholas vs. Marsland

Codes









36 In which of the following cases, is the occupier of a house liable for 'negligence'

Keeping a dog, which may bite trespassers

Fixing broken glass pieces on the top of a wall to prevent trespassers

Setting spring guns in the premises to prevent trespassers

Constructing a compound wall to prevent trespassers

37 Read Assertion Reason and give the correct answer with the help of codes given below

Assertion Mental element is an essential element in most of the torts.

Reason State of mind of the defendant is not relevant to ascertain his liability in all branches of law of torts.

Codes

Both and are true and is the correct explanation of

Both and are true but is not the correct explanation of

Both and are true

Both and are wrong

38 Which one of the following is not an exception to the rule of volentifnonfiitfinjuria

Surgeon amputates a limb of a patient to save his life

Injury is caused while play-fighting with naked swords at a religion function

Injury is caused while doing lawful acts under contract

Injury is caused to a player in football match

39 Which of the facts do not include within the principle of joint liability

The actuated act need not be a crime or when it was foisted.

An act done in a pre-arranged plan between more than one person.

Mere participation in some manner in the act constituting the offence.

An act done in furtherance of an intention to cause harm

40 'Imposing punishment implies that some one should be legally authorised to impose it upon the offender'. In which of the following cases a private person can impose such punishment

Where the law recognises moral blame worthiness.

Where there is justification for punishing any person provided the offender had broken a law.

Where one can establish the connection between punishment and crime.

Where the act falls within a retroactive penal legislation.

41 The Apex court has shown as to how compromise is not a free choice of the rape survivor but a hidden secret of law where justice is reduced to a bargain between the victim's kin, state authorities and the accused. Identify the case law

Ravindra vs. State of M.P.

Shreya Singhal vs. Union of India

Sanskar Marathe vs. State of Maharashtra

Khursheed Ahmed Khan vs. State of U.P.

42 There is a specific provision that the intention to screen the offender must be primary and the role object of the accused. This provision is provided

Section 202

Section 201

Section 199

Section 203

43 Which of the following offences fall under causing hurt as well as assault

Digging a pit in the public path

Flinging boiling water over a person

Mixing deleterious poison in a liquid and placing the same on another table

Pulling hair of a woman

44 There must be dishonest intention which should co-exist while taking a thing for an offence of theft. In which of the following situations it will not amount to theft

Taking a stick from the person to beat him

Taking a sugar packet from another person in good faith while his own packet was at the shop

A senior student snatching some books from a junior student with promise to return on the next day

Not finding the helmet hanged on a bike, a person takes away a similar helmet from the adjacent bike, but afterwords repenting on his fault returns the same to the owner

45 The Constitution of Works Committee under the Industrial Disputes Act is to

Remove causes of friction between the employer and workmen in the day to day waking of the establishment

Remove causes of friction between the employer and workmen relating to wage settlement

Remove causes of fiction between the employer and workmen relating to standing orders

Remove causes of friction between the employer and workmen relating to implementation of award

46 Under the Industrial Disputes Act, a reference to an Industrial tribunal will be

Only where both the parties to an Industrial Dispute apply for such reference

Only where the appropriate government considers it expedient to do so

Only where both the parties to an Industrial Dispute apply for such reference and also where the appropriate government considers it expedient to do so

Only where the affected party to the dispute apply for such reference

47 To which settlement machinery can the central government refer the dispute under Rule 81-A

Conciliation

Arbitration

Adjudication

Supreme Court

48 A settlement under the Industrial Disputes Act arrived at in the course of conciliation proceding, between the employer and a recognised majority union will be binding on

parties to the settlement

all workmen of the establishment

all workmen of a recognised majority union

all workmen of a registered Trade Union

49 The permission applied for by the government shall be deemed to have been granted if the appropriate government does not communicate the order under I.D. Act, granting or refusing to grant permission within a period of

15 days

30 days

60 days

90 days

50 "The right to strike may be controlled or restricted by appropriate industrial legislation and the validity of such legislation would have to be tested not with reference to the criteria laid down in clause of Article 1. but by totally different considerations", was observed by the Supreme Court in

Syndicate Bank vs. Umesh Nayak

All India Bank Employees Association vs. I.T.

Management of Churakulam Tea Estate Ltd vs. The workmen and another

Ramnagar cane and sugar Co. vs. Jatin Chalin


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