Exam Details

Subject law
Paper
Exam / Course combined competitive examination
Department
Organization Jammu Kashmir Public Service Commission
Position
Exam Date 2012
City, State jammu kashmir,


Question Paper

1. Analytical school of law is also known as

(A)Natural school


Imperative school


(C)Expository school


Modern legal school


2. Law based as custom is known as

(A)Customary law


Custom law


(C)Usagery law


Usage law


3. The doctrine of judicial precedent is an unique feature of

(A)Civil law


Roman law


(C)Hindu law


Common law


4. Identify the wrong statement

legal right is an interest correlated with duties


legal right is recognised by the state


legal right is enforceable


legal right is similar to natural right


5. Gibbins and Procter is a leading case on

(A)Actus reus


Mens rea


(C)Omission


S.121 of IPC


6. Barendra Kumar Ghosh V Emperor is a leading case on

(A)Common intention


Common object


(C)Actual participation


Abetment


7. Who is regarded as 'Corporation Sole'

(A)Prime Minister


King of England


(C)Multinational Corporation


Public Sector Unit


8. The Supreme Court of India, in its discretion, grant the special leave to appeal under

(A)Article 132


Article 133


(C)Article 134


Article 136


9. 'Equal pay for equal work for both men and women' is being provided in the Constitution of India under

(A)Article 39


Article 39


(C)Article 39


Article 39


10. Federal Constitution of India works on the principle of

(A)Decentralization of power


(B)Concentration of power


(C)Consolidation of power


(D)Division of powers between centre and states


11. The power of Judicial Review is derived from which Article of Constitution of India

(A)Article 12


Article 13


(C)Article 19


Article 20


12. The case of Surjeet Singh Thind V Kanwaljit Kaur relates to which of the following

(A)Harassment of women at workplace


(B)Medical examination of women to prove virginity


(C)Dowry death


(D)Prospective over ruling


13. Which Article of the Constitution of India provides for the President's Rule in the event of failure of constitutional machinery in the state

(A)Article 356


Article 352


(C)Article 360


Article 368


14. A previous judgement cited by the court to decide on a similar set of facts is known as

(A)Obiter dicta


Judicial dicta


(C)Precedent


Judicial opinion


15. Which among the following has ceased to be a Fundamental Right

(A)Right to equality


(B)Right to freedom of speech


(C)Right to property


(D)Right to profess own religion


16. Which one of the following is an example of inchoate crime

(A)public nuisance


murder


(C)riot


criminal attempt


17. What is the name of the writ used for producing body of a person is the court

(A)Mandamus


Quo-warranto


(C)Habeas corpus


Certiorari


18. Law of contract deals with

(A)Law of ownership and transfer


(B)Marriage and Divorce


(C)Enforcement of obligations arising from agreements and promises


(D)Propriety of actions


19. Tort means

(A)Breach of contract


Breach of trust


(C)Civil wrong


Criminal wrong


20. Which of the following organs of the United Nations considers and approves the budget of the United Nations

(A)Security Council

General Assembly


(C)Economic and Social Council


Trusteeship Council


21. Under which Article of the constitution of India President is empowered to consult the Supreme Court of India

(A)Article 143


Article 61 and 361


(C)Article 112


Article 55


22. "Jurisprudence is the science of the first principles of Civil Law." Who gave this statement

(A)Ulpian


Salmond


(C)Prof. Gray


Holland


23. "Every law should be tested on the principle of utility." Who gave this statement

(A)Kelsen


Roscoe Pound


(C)Bentham


Salmond


24. Which of the following is not an essential attribute of a custom

(A)Antiquity


Continuity


(C)Reasonability


Deliberation


25. Which of the following is not a theory of corporate personality

(A)Interest Theory


Concession Theory


(C)Realist Theory


Fiction Theory


26. Which Article of the Constitution of India mentions the Union List, State List and Concurrent List

(A)Article 241


Article 242


(C)Article 244


Article 246


27. The Governor of a state in India can be removed by

(A)Impeachment by State Legislature


Impeachment by Parliament


(C)President of India


Supreme Court of India


28. Number of Fundamental rights available in Constitution of India is

(A)Five


Six


(C)Seven


Nine


29. In an action for the tort of negligence, plaintiff does not have to prove

(A)General defences


Breach of duty owed to someone


(C)Breach of duty owed to plaintiff


Damage caused


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

(A)Consent


Knowledge


(C)Vis major


Volenti non fit injuria


31. All disputes relating to election of President and Vice-President are enquired into and decided by the

(A)Election Commission


Parliament


(C)Supreme Court


Electoral College


32. Advocate General is appointed by

(A)Chief Justice of the High Court


Chief Minister of the State


(C)Governor


Chief Secretary of the State


33. What is the tenure of the judges of International Court of Justice

(A)Nine years


Eight years


(C)Seven years


Six years


34. The penalty for murder is

(A)Death


Life imprisonment


(C)Death or life imprisonment


Death or life imprisonment and fine


35. Due to mental delusion, believed to be his enemy and killed In these circumstances

will be convicted for murder


will not be convicted for any offence as he was suffering from insanity


will be convicted for culpable homicide


will be convicted for rash and negligent Act


36. A person may be held criminally responsible

he causes harm


(B)Does an act with the guilty mind


he causes harm by omitting to do something which he is duty bound to do


(D)All of the above


37. For violation of fundamental rights as provided in the Constitution of India, one can file a writ petition

(A)Only in the Supreme Court


(B)Only in the High Court


(C)Only in the District Court


(D)Both in the High Court and Supreme Court


38. India became a member of United Nations Organisation in the year

(A)1945


1947


(C)1948


1949


39. Election to the office of President of India is conducted by

(A)Rajya Sabha


Union Cabinet


(C)Vice President


Election Commission of India


40. an employee with the intention of causing loss to his employer throws away a gold ring given to him for safe custody. is guilty of

(A)Criminal mischief


Criminal breach of trust


(C)Criminal negligence


Criminal misappropriation of property


41. Which of the following are the means of acquiring possession

(A)attornment


animus domini


(C)corpus possessionis


causa possession


42. The father of International law is

(A)Plato


Aristotle


(C)Grotius


Denning


43. The offence of theft becomes robbery when it is

(A)Committed by two persons


(B)Committed by more than two but less than five persons


(C)Committed by more than five persons


(D)Coupled with imminent danger to life


44. Parliamentary form of Government in India has been taken from

(A)Canada


Great Britain


(C)USA


France


45. If there is conflict between the two Houses of Parliament over an ordinary Bill, who can call a joint sitting of both Houses, to resolve the deadlock

(A)Prime Minister


President


(C)Speaker of Lok Sabha


Vice President


46. Which of the following statement is correct

(A)Abetment of an offence is always an offence


(B)Abetment of an offence is not an offence


(C)May be an offence depending on circumstances


depends on the nature of crime


47. cuts down a tree on ground without his permission and takes it away without knowledge

It is a theft


It is an extortion


It is a dishonest misappropriation


It is a mischief

48. makes a proposal to which accepts, but before the acceptance comes to the knowledge of revokes his acceptance by telegram. When is the revocation complete


(A)When the telegram is despatched


(B)When the telegram is received by


(C)When the contents of telegram came to the knowledge of


(D)When accepts revocation



49. Freedom of speech under Article 19 is guaranteed to


(A)citizens only


only to persons above the age of 21


citizens as well as foreigners


any person residing in India



50. In India there is a supremacy of


(A)Constitution


Parliament


(C)Supreme Court


Council of Ministers



51. Kelson's analysis of the nature of law is totally dependent on the concept of


(A)Grund norm


Utility


(C)Basic facts


None of the above



52. Article 2 of UNO charter enshrines seven fundamental guiding principles for functioning of UNO. Which of the following is not one among them


(A)Principles of sovereign equality of State parties


(B)Settlement of disputes by peaceful means


(C)Adjournment of war


(D)Absolute non-intervention of UNO in matters between state parties



53. Article 21A provides free and compulsory education to the children


(A)Upto 12 years


Upto 16 years


(C)Upto 14 years


Upto 18 years



54. Article 24 of Indian Constitution restricts employment of the child below 14 years


a factory


In a shop


an office


All the above


55. Which Article of the Constitution of India provides the rule that a convict can be punished only according to the law in force at the time of commission of offence

(A)Article 20


Article 22


(C)Article 21


Article 19


56. Right to Education was inserted as Fundamental Right by

(A)86th Constitutional Amendment


87th Constitutional Amendment


(C)88th Constitutional Amendment


89th Constitutional Amendment


57. Sedition is defined under section

(A)124 of Indian Penal Code


124A of Indian Penal Code


(C)125 of Indian Penal Code


126 of Indian Penal Code


58. For dacoity minimum persons required for committing crime is

persons


4 persons


persons


7 persons


59. Which of the following Article of the constitution of India declare that the Supreme Court shall be a Court of Record

(A)Article 131


Article 130


(C)Article 129


Article 134


60. Article 243 A of the Constitution of India relates to

(A)Constitution of Panchayats


(B)Gram Sabha


(C)Reservation of seats for Gram Sabha and Panchayats


(D)Duration of Panchayat


61. According to Section 14 of the Contract Act consent is said to be free when it is not caused by

(A)Coercion and undue influence


(B)Fraud and misrepresentation


(C)Mistake and undue influence


(D)Coercion, undue influence, fraud, misrepresentation and mistake


62. Acquisition of ownership by prescription or adverse possession is an example of which of the following modes of possession

(A)absolute


extinctive


(C)accessory


derivative


63. Which society does not fall within the meaning of as given in Article 12 of the Constitution of India

(A)Co-operative Societies


Children Aid Society


(C)Delhi State Electricity Board


Rajasthan State Electricity Board


64. "Witnesses are the eyes and ears of justice" who said so

(A)Kant


(B)Bentham


(C)Pollock


(D)Ihering


65. The setting up of Finance Commission is included in the Constitution of India under

(A)Article 279


Article 281


(C)Article 280


Article 282


66. Which of the following cases relates to "harmony between Fundamental Rights and Directive Principles of State Policy"

(A)Shankari Prasad V Union of India


(B)Golaknath's case


(C)TMA Pai foundation V State of Karnataka


(D)Minerva Mills V UOI


67. Law of Tort deals with

(A)Private legal right


(B)Public legal right


(C)Both private and public legal right


(D)None of the above


68. The term is derived from

(A)French


Latin


(C)Hindu


Sanskrit


69. Match the following

(a)Pre-Constitution laws Atma Ram V State of Bihar


(b)Amendment of the Constitution Bhikaji V State of MP


(c)Right against exploitation Prafulla Kumar V Bank of Commerce


(d)Rule of pith and substance Shankari Prasad V Union of India
















70. "A judge is sworn to determine not according to his own private judgment, but according to the known laws and custom of the land; not delegated to produce a new law but to maintain and explain the old ones." Whose opinion it is

(A)Salmond


Blackstone


(C)Affray


Dicey


71. "Rights are those conditions of social life without which no man can seek in general to be his best self." Who said so

(A)Laski


Bentham


(C)Gray


Kautilya


72. Which of the following doctrine of recognition is also known as doctrine of non­recognition

(A)Estrada doctrine


Stimson doctrine


(C)Tohar doctrine


Morrison doctrine


73. The Rule as laid down in Haynes V Harwood applies to

(A)rescue of human beings only


(B)rescue of human beings and property if the property belongs to the rescuer


(C)rescue of human beings and property irrespective of whether it belongs to rescuer or others


(D)the given case is not based on 'Rescue cases'


74. Which of the following is incorrectly matched

(A)Madhub Shah V Emperor Section 149 IPC


(B)Queen Empress V Bal Gangadhar Tilak Section 124 A IPC


(C)Basudev V State of Pepsu Section 86 IPC


(D)Virsa Singh V State of Punjab Section 300 IPC


75. Nash V Inman is a case based on which of the following

(A)privity of contract


liability of necessaries supplied


(C)remoteness of damage

undue influence


76. In which of the following situations, remedy by way of 'quantum meruit' is available

(A)where there is a valid contract


(B)where the agreement was void ab initio


(C)where the contract is voidable at the option of one party


case of valid contracts and void agreements


77. The minimum number of judges required for setting up a Constitution Bench in the Apex Court is

(A)Two


Five


(C)Seven


Nine


78. Which Court is not a court in India

(A)Supreme Court


Family Court


(C)Green Court


Fast Track Court


79. Which of the following is incorrectly matched

(A)Felthouse V Bindley Communication of offer


(B)Samuel V Ananthanath Privity of consideration


(C)Lowe V Peers Agreement in restraint of marriage


(D)Taylor V Caldwell Destruction of subject matter


80. The General Assembly of the UN adopted the declaration on the Rights of Disabled persons in the year

(A)1972


1973


(C)1974


1975


81. In which of the following situations, an agreement will be void

the mistake relates to law


the mistake relates to fact


the mistake relates to fact as well as law


(D)neither of facts nor of law


82. The power of the President of India to issue an ordinance is a/an

(A)Executive power


Constituent power


(C)Quasi-judicial power


Legislative power


83. The upholding and protecting the sovereignty, unity and integrity of India is

part of the preamble of the Constitution


fundamental duty


(C)Basic structure of our Constitution


part of the preamble, a fundamental duty as well as basic structure of our Constitution


84. State which of the following statements is correct

(A)The President is the executive head of the Union and he exercises no legislative or judicial powers


(B)The President is a part of the Parliament


(C)Since the President has the power to grant pardon, he is also the judicial head of the Union


(D)The President has the discretion to appoint any person as Prime Minister


85. The law relating to diplomatic relations is codified in

Vienna Conventions


Hague Conventions


Geneva Conventions


None of the above
86. Match the following

Nordenfelt V Maxim Nordenfelt Contract of apprenticeship
Lalman Shukla V Gauri Dutt Communication of acceptance
Raj Rani V Prem Adib Communication of offer
Powell V Lee Agreement in restraint of trade














87. Match the following

(a)Mugal Steamship V McGregor Co Act of God


(b)Nicholas V Marsland Negligence


(c)Brook V Bool Damnum sine injuria


(d)Cates V Mangini Bros Joint tortfeasor
















88. Which of the following jurists regard will as the basis of right

(A)Ihering


Duguit


(C)Kant


Savigny


89. The President of India is elected

(A)Directly


(B)Indirectly


(C)Indirectly by secret ballot


(D)Indirectly by secret ballot and by proportionate representative system by means of single transferable vote



90. Which of the following torts are actionable per se

(A)libel


negligence


(C)conspiracy


nuisance


91. Which of the following is not a primary source of International law

(A)Treaty


(B)Custom


(C)Judicial decisions


(D)General principles of law recognised by civilized nations


92. Incorporation doctrine propounded by William Blackstone in the Eighteenth century refers to

(A)International Custom


(B)International Treaty


(C)U.N. General Assembly Resolutions


(D)General Principles of Law


93. Which of the following is an essential component for existence of international custom

(A)Long duration


(B)Opino juris sive necessitatis


(C)Opinions of highly qualified publicists


(D)None of the above


94. Which of the following is an invalid defence in an action for nuisance

(A)use of reasonable care


prescriptive right to commit nuisance


(C)statutory authority


both and


95. Which of the following does not have procedural capacity to request ICJ to give advisory opinion

(A)U.N. General Assembly


U.N. Security Council


(C)States


WHO


96. The Constitution of India makes express mention of the term 'environment' in

(A)Article 48 A only


Article 48 A and 51 A


(C)Article 21


Article 51 A only


97. Who among the following is considered as founder of 'positivism'

(A)Bentham


Savigny


(C)Hegel


Grotius


98. Who said that 'Movement of progressive societies has been from status to contract'

(A)Kohler


Puchta


(C)Henry Maine


Stammler


99. "Certainty of law is a legal myth." Who propounded this theory

(A)Jerome Frank


LLewellyn


(C)Hegerstorm


Olivecroue


100. Who propounded the theory of 'general will'

(A)Rousseau


Locke


(C)Thomas-Aquinas


Stoics


101. Who gave the theory of 'Social Engineering'

(A)Roscoe Pound


Henry Maine


(C)Hegel


Puchta


102. Which of the following is not legal person

(A)Firm


Company


(C)Coparcenary


Idol


103. Panama Canal should be open and free to the vessels of all nations is held in the treaty/case of

(A)Hey Pauncefat


Arantazazu Mendi


(C)Scotia case


The Lotus case


104. "Function of law is to reconcile the conflicting interests of individual in community and harmonise their inter-relations" who made this observation

(A)Kohler


Roscoe Pound


(C)Cardozo


Maine


105. Who among the following believed that 'law is product of the General consciousness of the people and manifestation of their spirit

(A)Hart


Savigny


(C)Montesquieu


Thiburt


106. Who has defined law as body of principles recognised and applied by the state in the administration of justice

(A)Kelsen


Austin


(C)Salmond


Bentham


107. Which of the following statements is in conformity with realist school of jurisprudence

(A)Law is what the judges say


(B)Law is command of sovereign


(C)Essence of law is to serve and secure social solidarity


(D)Law is spirit of people


108. The President shall revoke a proclamation of emergency if

(A)the Lok Sabha passes a resolution to that effect by simple majority


(B)the Rajya Sabha passes a resolution to that effect by a simple majority


(C)both the Lok Sabha and Rajya Sabha pass resolutions to that effect by simple majority


(D)the Lok Sabha passes a resolution to that effect by special majority


109. Possession acquired through an agent or servant is an example of

(A)Incorporeal possession


Immediate possession


(C)Corporeal possession


Mediate possession


110. The Grund norm theory was propounded by

(A)Kelsen


Prof. Gray


(C)Salmond


Hale


111. Which among the following is not the permanent member of the Security Council

(A)Germany


France


(C)China


Britain


112. Which of the following is a Neutral country

(A)Belgium


Ceylone


(C)Pakistan


Switzerland


113. The term 'Abettor' has been defined in Indian Penal Code under

(A)Section 107 IPC


Section 108 IPC


(C)Section 108 A IPC


Section 109 IPC


114. "Nothing is an offence which is done by a person who is bound by law to do it." The above principle comes under which provision of Indian Penal Code

(A)Section 76 IPC


Section 77 IPC


(C)Section 78 IPC


Section 79 IPC


115. Which section of Indian Penal Code provides the rule for punishment of offences committed within India

(A)Section 1 of IPC


Section 2 of IPC


(C)Section 3 of IPC


Section 4 of IPC


116. West Rand Central Gold Mining Co Ltd V King is a leading case related to

(A)succession to non fiscal contractual rights and obligations


(B)succession to treaty rights and obligations


(C)succession of concessionary contract


(D)succession of public debts


117. An agreement to do an act impossible in itself is

(A)Void


Voidable


(C)Illegal


Fraud


118. Valid consideration under Indian Contract Act means a consideration which is

(A)Real


Illusory


(C)Adequate


None of the above


119. Tort is not different from

(A)Breach of Trust


Bailment


(C)Contract


Civil wrong


120. What does not constitute as ingredient for the tort of negligence

(A)Careless conduct


Intention


(C)Unreasonable conduct


Conduct causing damage


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