Exam Details

Subject law
Paper paper 3
Exam / Course ugc net national eligibility test
Department
Organization university grants commission
Position
Exam Date December, 2015
City, State ,


Question Paper

1 Match List I and List II and find correct answer by using codes given below

List I List II

To renounce practices derogatory to the dignity of women Surya Narain Choudhary Vs. Union of India

Mandamus cannot be sought against an individual who does not observe a fundamental duty Union of India Vs. Naveen Jindal

Respect to National Anthem Bijoe Emmanuel Vs. State of Kerala

Respect and dignity to National Flag Union of India Vs. Naveen Jindal

Codes









2 Match List with List -II according to the provisions of the Constitution of India. Give correct answer by using the codes given below

List I List II
(Provisions) (Articles)

Power of Parliament to legislate with respect to a matter in the state list in the national interest Article 253

Legislation for giving effect to international agreements Article 247

Power of Parliament to provide for the establishment of certain additional courts Article 252

Power of Parliament to legislate for two or more states by consent Article 249

Codes









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

Assertion The rule making power of the Supreme Court of India is not subject to any law made by the Parliament.

Reason Only an impartial and independent judiciary can protect the rights of Individual without fear or favour.

Codes

Both and are correct and is correct explanation of

Both and are correct but is not the correct explanation of

is false but is true

is true but is false

4 Who among the following shall be disqualified as a member of either House of Parliament Give answer by selecting codes given below
Who is not a citizen of India.
Who has acquired the citizenship of a foreign state.
Who is under any acknowledgement to a foreign state.
Who is under acknowledgement of adherence to a foreign state.

Codes

Only

Only and

and

and

5 Under Article 324 of the Constitution the Election Commission of India shall be responsible to conduct elections to Give answers by using the codes given below
Parliament and State Legislature
President and Vice President
Zilla Parishad and Panchayats
Municipal Corporations and Municipal Committees

Codes

and

and only

and

and

6 Who among the following can establish additional court for better administration of any existing law with respect to a matter concerned in union list

Chief Justice of India

Parliament

The Concerned State Legislature

High Court of the State Concerned

7 Which one of the following statements is correct Article 368 of the Constitution of India lays down

Procedure for amendment of the constitution only.

Power of parliament to amend the constitution only.

Power of parliament to amend the constitution and procedure therefore.

Limitation on the power of the parliament to amend the constitution.

8 In which one of the following cases the Supreme Court held that, election can be challenged on the ground of defect in electoral rolls'

Inderjit Barua Vs. Election Commission of India

N.P. Ponnuswami Vs. Returning Officer

Kalyan Lal Omar Vs. R.K. Trivedi

Mohinder Singh Gill Vs. Chief Election Commissioner

9 Who defined administrative law as; "Law relating to the Administration. It determines the organisation, powers and duties of administrative authorities"

Sir Ivor Jennings

A.V. Dicey

Kenneth Culp Davis

Griffith and Strut

10 What was specifically declared by the Supreme Court in the Delhi Laws Act case Answer using codes given below
Legislature should not delegate its essential function.
Excessive delegation of powers can be struck down by courts.
Extension of laws with certain modification and by changing the underlying policy of legislation is allowed.
Legislature should itself lay down standard in the delegating Act learning the delegate with the power to make rules to execute the policy laid down in the Legislation

Codes









11 Which of the following is not true regarding the application of 'doctrine of promissory estoppel

The court may refuse to apply promissory estoppel against the government if the 'public interest' suffers in fulfilling the promise.

The government cannot be compelled to carry out a promise which falls outside its power and contrary to law.

The promise in question may be tentative or uncertain and it need not to be unambiguous and unequivocal.

There can be no promissory estoppel against the Legislature in the exercise of its legislative functions.

12 Match List I with List II in the light of cases decided by the Supreme Court
List I List II
(Case Law) (Principles)

Canara Bank Vs. V.K. Awasthy (2005) Duty to act fairly -in administrative functions as well

Gullapalli Nageswara Rao Vs. A.P. State Road Transport Corporation, 1959 Post decisional hearing

Swadeshi Cotton Mills Vs. Union of India (1981) Exclusion of rule of hearing

A.K. Kraipak Vs. Union of India (1970) One who decides must hear

Codes









13 Read Assertion and Reason and answer using codes given below

Assertion A High Court may decline to exercise its extra ordinary jurisdiction under Article 226 and dismiss the writ summarily or in limine.

Reason It would be proper for the High Court to dispose of the petition summarily or in limine, when no important question of law are raised in a writ petition.

Codes

Both and are right and is correct reason of

Both and are right but is not correct reason of

is right but is wrong

is wrong but is right

14 When a writ is issued to a public authority in respect of any type of administrative, legislative, Quasi-judicial or judicial functions, it is called a writ of

Mandamus

Quo -warranto

Certiorari

Prohibition

15 Read Assertion and Reason and answer using codes given below

Assertion In judicial review of administrative actions, generally the court would not interfere with the merits of the case by embarking upon inquiry into the facts.

Reason Courts can review the procedure through which a decision has been taken by the administrative authority but courts cannot supplement its own decision and act as appellate court over the administrative authority.

Codes

Both and are correct and is the correct explanation of

Both and are correct but is not correct explanation of

is right but is wrong

is wrong but is right

16 "The polemical version of legal realism has wielded enormous influence on the entire judicial system". Who propounded such philosophy

Gray

Holmes

Salmond

Waismann

17 The liberam arbitrium of the courts depends upon what is right, justice, equitable or reasonable and is dependent upon

Evidence and demonstration of public

Arguments submitted with reason

Discovering the right or justice of the matter

Pure intellectual process

18 Obitor dicta has no binding authority but it helps to

Rationalise legal sanctions

Encourages providing solution to future litigations

It allows greater prestige to the judge

It makes the acceptability of precedents more flexible

19 The statement "equitable ownership of a legal right is different from the ownership of an equitable right" shows that law and equity differ with regard to

Only the existence of right

Only the ownership of rights

Both existence and ownership of rights

The existence of a right but not regarding the consistency of a right

20 Read Assertion and Reason and give correct answer using codes given below

Assertion The relation of morality to a concept of law cannot be stated simply in the form of a stark alternative that the former is either externally or internally related to the later.

Reason It is depending upon time-frame of reference

Codes

Both and are wrong

Both and are right and is correct reason of

is wrong and is right

is right and is wrong

21 The House of Lords upheld the Attorney General's political discretion in refusing to invoke the law in face of a threatened criminal offence in deliberate defiance of an Act of Parliament, in the case of

Gouriet Vs. Union of Post Office Workers

Francome Vs. Mirror Group Newspaper Ltd.

R. Vs. Bourne

Johnson Vs. Phillips

22 Modern doctrine of bindingness of precedents was first laid down in

London Transways Co. Vs. LCC

.oung Vs. Bristol Aeroplane Co. Ltd.

Mirehouse Vs. Rennel

Sirros Vs. Moore

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

Assertion Shareholders are not, in the eye of law, part owners of a company. The company is something different from the totality of the shareholders.

Reason Shareholders are collective owners of the company.

Codes

Both and are right and is correct reason of

Both and are wrong

is right, but is wrong

is right, but is wrong

24 An idea of inducement by exciting hope or desire on the other is known as ...........

Seduction

Enticing

Inciting

Abduction

25 A takes his own suit from the tailor without his knowledge but had the intention of returning it to the tailor later. What offence, if any has been committed by A

Stealing

Dishonest taking

Theft

Unlawful retention

26 Read Assertion and Reason and answer using codes given below

Assertion That the act is imminently dangerous or that in all probability it will cause death.

Reason Such specific principle apply to punish a person although there is no intention to cause death.

Codes

Both and are concurrent as per Sec. 299(c) and 300(4) respectively.

Both and are intravivos as per Sec. 300 and Sec. 302

Both and are dependant upon facts based as per Sec. 299(b) and Sec. 302.

Both and must co-exist as per Sec. 300(2) and Sec. 301

27 The aggravated form of perjury is known from

False statement on oath

False evidence in a judicial proceeding

Administering oath to speak truth

False affidavit before honorary Magistrate

28 Which of the following is not a crime in order to provide protection to currency

A war medal

Gold Mohur

Current Coin

Genuine specimen of antique coin

29 Which of the following cases does not amount to robbery

Taking away ornaments from the body of a lady while she was in coma.

Removal of ornaments after death of a lady.

Voluntary disposition of valuables.

While theft is committed along with assault.

30 Criminal liability for abandonment of a child is based on the principle of loco parentis. who else could be responsible for that offence

Adoptive father before the completion of formalities of adoption

When a mother leaves the house for her husband's ill-treatment and abandons the children to the care of husband

When the school master who has been teaching infants placed under him for education

A mother leaves a blind child on a foot path promising to return after fetching food but never returned

31 Which of the following do not constitute an offence of forgery

The intention to induce a belief that the document was duly signed.

The intention to induce a belief that the document was duly sealed.

The intention to induce a belief that the document was executed by the authority of a person.

Knowingly makes false entries initially in the public record on his own authority by a public officer.

32 "Where directive principles have found statutory expression in do's and dont's the court will not sit idle and allow government to become a statutory mockery for protection of environment. The law will relentlessly be enforced and the plea of poor finance will be poor alibi when people in misery cry for justice". The above was observed in Municipal Council of Ratlam Vs. Vardhichand by

Justice Chinnappa Reddy

Justice V.R. Krishna Iyyer

Justice P.N. Bhagavati

Justice Ranganath Misra

33 Protection and Improvement of Environment and safeguarding forest and wild life is

A Fundamental Right.

One of the Directive Principles of State Policy.

One of the Fundamental Duties.

Both Directive Principles of State Policy and Fundamental Duty.

34 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

M.C. Mehta Vs. Union of India

S. Jaganath Vs. Union of India

Church of God (Full Gospels) in India Vs. K.K.R. Majestic Colony Welfare Association

Vellore Citizen's Welfare Forum Vs. Union of India

35 Read Assertion and Reason and give the answer by using the codes given below

Assertion The right to clean drinking water and right to pollution free air to breath are attributes of "Right to Life".

Reason Because they are the basic elements which sustain life.

Codes

Both and are true. is good explanation of

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

is true but is false

is false but is true

36 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

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

M.C. Mehta Vs. Kamalnath and others

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

Rural Litigation and Entitlement Kendra Vs. State of U.P.

37 What is the main objective of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 Give answer by using codes below
To prohibit employment of manual scavengers
To rehabilitate manual scavengers
To rehabilitate manual scavengers and their families
To rehabilitate manual scavengers only and not their families

Codes

Only

Only and

and

and

38 Which one of the following is the main objective of the Wild Life (Protection) Act, 1972 as amended upto 2003

To check on poaching and illegal trade in domestic and wild animals.

To check on poaching and on illegal trade in ivory.

To check on poaching and legal trade in dog.

To check on hunting and legal trade in elephant.

39 Whose observations are these on the point that whether International law is a mere positive Morality

"If International Law were only a kind of morality, the framers of State papers concerning foreign policy would throw all their weight on moral arguments, 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 opinion of specialists".

H.L.A. Hart

Oppenheim

Edward Collins

Frederick Pollock

40 Which of the following statement.Statements is.are not correct

Principle of law which is recognised by domestic law of a large number of states does not automatically become a 'Principle' of International Law.

Para of Article 38 of the Statute of International Court of justice lists "General Principles of Law Recognised by Civilized States" as the Second Source of International Law.

General Principles of law recognised by civilized states include only substantive principles provided they have received general recognition of Civilized States.

The development of general principles of law recognised by civilized states as an important source of law, has given a death-knell to the positivism.

Codes

only is incorrect

both and are incorrect

and are incorrect

all and are incorrect

41 Which one of the following cases is not a case on the point that there is no distinction between Facto' and Jure' recognition for the purpose of giving effect to the internal acts of the recognized authority

Bank of Ethopia Vs. National Bank of Egypt and Liquori

Luther Vs. Sagor

Civil Air Transport Incorporated Co. Vs. Central Air Transport Corporation

The Arantzazu Mendi Case

42 In which one of the following cases the International Court of Justice has held that in respect of grant of nationality there is no obligation of the states if a man has no relationship with the state of Naturalisation and the court has applied the 'Principle of effective nationality'

Re Lynch Case

Stoeck Vs. The Public Trustee

Nottebohm's Case

Paneyezys Soldutisk

43 Which one of the following institution is not authorised for requesting for 'Advisory Opinion' of the International Court of Justice

Economic and Social Council

The Trusteeship Council

The International Atomic Energy Agency

Secretariat

44 Read both Assertion and Reason and give the correct answer by using the codes given below

Assertion International Law is not potent enough to restrain a powerful state which has no respect for public opinion.

Reason Sanctions behind International Law are weak.

Codes

Both and are correct and is the correct explanation of

Both and are correct but is not the correct explanation of

is true but is false

is false but is true

45 Consider the following

The Recommendation of the Security Council made to the Member under Article 42 of U.N. Charter becomes an obligation for them which none can shirk

If the Security Council decides to take action no time is given for further declarations by the General Assembly.

When the Security Council decides for taking enforcement measures, it also determines the part to be played by each member state.

All or only some members may be requested to participate but every member is to join in mutual assistance.

The legal requirements for military action are still not satisfied even after the council has acted.

Which of the above statement.statements is/are correct

are correct

and are correct

only and are correct

and are correct

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

List I List II
(Provisions) (Article of UN Charter)

Voting procedure of the General Assembly Article 23

Composition of Security Council Article 96

Composition of Trusteeship Council Article 4

Provisions regarding Membership in the Article 18 United Nations

Codes









47 Which of the following is not a ground of Judicial Separation under the Hindu Marriage Act, 1955

Renunciation of the world

Seven years absence

Conversion to Non Hindu religion

Desertion for one year

48 Grounds of divorce meant exclusively for wife under section of the Hindu Marriage Act, 1955 are
Pre Act bigamy by Husband.
Husband is guilty of rape, sodomy and bestiality.
Non-payment of maintenance and no cohabitation for one year or upwards.
Repudiation of marriage by wife.

Codes

and

and

and

and

49 Under the provisions of the Hindu Adoptions and Maintenance Act, 1956 an adopted child
Can be given in adoption generally
Cannot be given in adoption
Can be given in adoption with the consent of natural parents
Can be given in adoption only with the prior permission of the court

Codes

and are correct but and are incorrect

is correct and and are incorrect

is correct and and are incorrect

and are correct and and are incorrect

50 Match List with List -II in relation to the Hindu Adoptions and Maintenance Act, 1956 and give the correct answer by using the codes given below the lists

List I List II

Maintenance of wife Sec. 19
Maintenance of widowed daughter -in -law Sec. 22
Maintenance of parents and children Sec. 18
Maintenance of dependants Sec. 20

Codes









51 After the petition is presented under section 13-B of Hindu Marriage Act, 1955, the parties have to wait for a minimum period of

One year

Eighteen months

Two years

Six months

52 Talaq is

Revocable during the tuhr in which it has been pronounced

Revocable until the next successive tuhr

Revocable during the period of iddat

Irrevocable

53 Match List I with List II in the light of the Dissolution of Muslim Marriage Act, 1939 and give the correct answer by using the codes given below

List I List II
(Provision) (Section)
Notice to heirs of the husband when his where abouts are not known Sec. 4

Effect of conversion to another faith Sec. 3

Rights to dower not to be affected Sec.

Impotence of the husband as a ground of divorce Sec. 5

Codes









54 Match List I with List II under the Hindu Minority and Guardianship Act 1956 and give the correct answer with the help of the codes given below

List I List II
(Provision) (Section)

Testamentary guardian and their powers Sec. 6

Natural guardians of a Hindu Minor Sec. 9

Welfare of minor to be paramount consideration Sec. 11

De facto guardian not to deal with minor's property Sec. 13

Codes









55 Read both statements and and give the correct answer by using the codes given below

Assertion The member state of United Nations Organisation have committed to promote and the respect for observance of Human Rights.

Reason The Human Rights are Inalienable, Natural, Interdependent and Indivisible. They are means to achieve human dignity.

Codes

Both and are true and is not the correct explanation of

Both and are true and is the correct explanation of

is false but is true

is true but is false

56 The International covenant on Economic, Social and Cultural Rights came into force on

January 1976

January 13, 1976

June 30, 1977

June 13, 1977

57 UNICEF was created by the UN General Assembly to help

Children after World War I

Children after World War II in Europe

Children of third world countries

Children of suffering from malnutrition

58 Match List I with List II and select the correct answer using the codes given below

List I List II

Mr. Jose Ayala Lasso President International Court of Justice
Justice Nagendra Singh Secretary General U.N.O.
Kofi Annan Chairperson Commission on Human Rights
Mrs. F.D. Roosevelt U.N. High Commissioner for Human Rights

Codes









59 The Universal Declaration of Human Rights 1948 contains provisions relating to

Operationalization of Human Rights.

Establishment of Human Rights Institutions.

Establishment of Human Rights Committee.

Conceptualization of Human Rights.

60 Which of the following statement is correct

The U.N. Convention on Elimination of all Forms of Discrimination Against Women (CEDAW) was adapted by the General Assembly in 1979 but, India ratified it in June 1993.

The U.N. Convention on Elimination of all Forms of Discrimination Against Women (CEDAW) was adapted by the General Assembly in 1979 but, India ratified it in December 1997.

The U.N. Convention on Elimination of all Forms of Discrimination Against Women (CEDAW) was adapted by the General Assembly in 1981 but India ratified it in June 1993.

The U.N. Convention on Elimination of all Forms of Discrimination Against Women (CEDAW) was adapted by the General Assembly in 1981 but, India ratified it in December 1997.

61 The correct chronological order of the following Human Rights documents be choosen using the codes given below

International Covenant on Civil and Political Rights.
Convention on the Elimination of all Forms of Discrimination Against Women.
Universal Declaration of Human Rights.
Convention on the Rights of the Child.

Codes









62 Who defined law of tort as "tortious liability arises from the breach of a duty primarily fixed by the law this duty is towards persons generally and its breach is redressible by an action for unliquidated damages"

Salmand

Lord Denning

Fraser

Winfield

63 Which of the following is not a form of damnum sine in.uria Choose the correct answer from the codes below

There is no right of action for damages for contempt of court.
Loss inflicted on individual traders by competition.
Damage is done by a man acting under necessity to prevent a greater evil.
Damage caused by defamatory statements made on any occasion.

Codes

and

and

and

None of the above

64 Facts "The defendant was a plaintiff's landlord and was living in the same building on the floor above him. Some rats damaged a rain water box maintained by the defendant for the benefit both of himself and plaintiff and the water running through injured plaintiff's goods below." What action can be taken on the above mentioned facts in view of the exceptions to the theory of 'strict liability'

No action lie because of plaintiff's own fault

Action lie because it is not act of God

No action lie because of the consent of plaintiff

Action lie because it is not an act of stranger

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

Assertion A master is liable for the torts committed by his servant while not acting in the course of his employment.

Reason Liability of the master for the act of his servant is based on the maxim respondent superior.

Codes

Both and are true and the is the correct explanation of

Both are are true but is not the correct explanation of

is right but is wrong

is wrong but is right

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

List I List II
(Case Laws) (Principles)

Re Polemis and Furners, Wilhy and Co. Ltd Vicariom liability of the state

Saheli Vs. Commissioner of Police, Delhi Remoteness of damages

Municipal Corporation of Delhi Vs. Subhagwanti Duty of case to plaintiff

South Wales Miners Federation Vs. Glamorgan Coal Company Malice in fact

Codes



(iii)





67 What is the period of limitation under section 24 A of the Consumer Protection Act, 1986 (as amended w.e.f 18.6.1993) for filing a complaint from the date of the cause of action

No period of limitation

Three years

Two years

One year

68 Match the List with List -II and give answer by using the codes below (Re Tort of Defamation)

List I List II
(Name of Case Law) (Principle)

Tolley Vs. J.S. Fry and Sons Ltd. Publication of statement

Williamson Vs. Frier Innuendo

Alexander Vs. North Eastern Railway Fair comment

Merivale Vs. Carson Defence of truth

Codes

(iii)



(iii)



69 Match List I with List II and select the correct answer using the codes given below

List I List II

Kundan Lal Rallaram Vs. Custodian Presumption under section 118 of the Negotiable Instrument Act arises only if the execution of the document is proved as true

C.T. Joseph Vs. I.V. Phillip Burden of proof of failure of consideration for a negotiable instrument

A.V. Murthy Vs. B.S. Nagabasavanna A negotiable instrument is presumed to be drawn for consideration

Beni Madhavnath Vs. Jugandra Nath Balwan The statutory presumption envisaged under section 118(a) of the Negotiable Instrument Act is rebuttable.

Codes









70 Which of the following statement is incorrect

A cheque is a bill of exchange, but every bill of exchange is not a cheque.

A cheque is always payable on demand.

A cheque is a conditional order from the drawer of a cheque to the drawee bank to make payment of money only.

A post dated cheque cannot be considered as a valid cheque till the date of maturity.

71 Which of the following cases is about doctrine of indoor management

Ashbury Railway Carriage and Iron Co. Ltd. Vs. Riche

Rama Corpn. Vs. Proved tin and General Investment Co.

London Country Council Vs. Attorney -General

A. Lakshmana swamy Mudaliar Vs. L.I.C.

72 Read Assertion and Reason and answer using codes given below

Assertion For the proper exercise of the functions of a director, it is essential that he be disinterested, that is, be free from any conflicting interest.

Reason Conflict is injurious to mental and physical health.

Codes

Both and are correct, and is correct reason of

is correct, but is wrong.

Both and are incorrect.

Both and are correct, but is not correct legal reason of

73 Which are essentials of a partnership Answer using codes given below
A contract of two or more competent persons
Agreement to share profits
Mutual agency
Lawful business

Codes

Only

Only

Only



74 Match List I with List II and select the correct answer using the codes given below

List I List II
Section 54 of the Sale of Goods Act Risk where goods are delivered at distant place

Section 40 of the Sale of Goods Act Delivery of wrong quantity

Section 37 of the Sale of Goods Act Sale by description

Section 15 of the Sale of Goods Act Rights of unpaid seller against the goods

Codes









75 Which of the following cases is about performance of contract

Maruti Udyog Ltd. Vs. Susheel Kumar Gabgetra

Great Northern Railway Co. Vs. Harrison

Joyce Vs. Swann

Behn Vs. Burness


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