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Previous Paper - III UGC NET (LAW) (DEC 2014)

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Which of the following are matched incorrectly?

i. Habeas Corpus – ‘To produce the body’ ii. Quo warranto – ‘Issued to a lower court to stop proceedings in a case’ iii. Prohibition – ‘Issued to a lower court quashing a decision or order’ iv. Mandamus – ‘Commands a person to perform a public duty’

  1. i, ii and iii

  2. ii and iii

  3. ii, iii and iv

  4. ii and iv


Correct Option: B
Explanation:

Quo warranto is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right or power they claim to hold. A writ of prohibition is a writ directing a subordinate to stop doing something the law prohibits. 

Directions: Read Assertion (A) and Reason (R) and answer using the codes given below:

Assertion (A): The writ of Habeas Corpus can be granted to enable the detainee to argue his case in person. Reason (R): Because R Vs. Secretary of State for Home Department ex parte Wynne (1992) decided so.

  1. (A) and (R) are right and (R) is the right reason for (A).

  2. (A) is right, but (R) is wrong.

  3. (A) is wrong, but (R) is right.

  4. Both (A) and (R) are wrong.


Correct Option: D
Explanation:

A writ of habeas corpus is a court order to a person or agency holding someone in custody to deliver the imprisoned individual to the court issuing the order, this writ cannot be granted to enable the detainee to argue his case in person. No such view was held in R vs. Secretary of State for Home Department ex parte Wynne (1992).

Article 51 A of the Constitution of India is confined to

  1. all citizens of India

  2. all persons of India

  3. all non-residents of India

  4. all students of India


Correct Option: A
Explanation:

Article 51 A (Fundamental Duties) of the Constitution of India is confined to all citizens of India.

Directions: Read Assertion (A) and Reason (R) and answer using the codes given below:

Assertion (A): Code of conduct has statutory force. Reason (R): Because Article 102 of the constitution says so.

  1. (A) and (R) are right and (R) is the right reason for (A).

  2. Both (A) and (R) are wrong.

  3. (A) is right, but (R) is wrong.

  4. (R) is right, but (A) is wrong.


Correct Option: B
Explanation:

A code of conduct is intended to be a central guide and reference for users in support of day-to-day decision making. Article 102 of the constitution does not provide so.

If the Government is defeated on the floor of Rajya Sabha, what is the consequence?

  1. Parliament is dissolved.

  2. Prime Minister has to submit his resignation.

  3. President’s rule is imposed immediately.

  4. Nothing happens.


Correct Option: D
Explanation:

If the Government is defeated on the floor of Rajya Sabha, nothing would happen.

Directions: Read Assertion (A) and Reason (R) and answer using the codes given below:

Assertion (A): The power under 368 of the Constitution is a constituent power subject to the constitutional scheme as to distribution of legislative power according to entries in the Seventh Schedule. Reason (R): Because Sasanka Sekhar Maity Vs. Union of India decided so.

  1. Both (A) and (R) are wrong.

  2. Both (A) and (R) are right, but (R) is not the right reason for (A).

  3. (A) is right and (R) is wrong.

  4. (A) is wrong and (R) is right.


Correct Option: A
Explanation:

Both the statements are wrong. The power under 368 of the Constitution is a constituent powerand it does not subject to the constitutional scheme as to distribution of legislative power according to entries in the Seventh Schedule. Nothing as such was decided in Sasanka Sekhar Maity Vs. Union of India.

Which of the following statements is correct?

  1. Gullappalli Nageswara Rao Vs. State of AP is about bias.

  2. K. L. Tripathi Vs. State Bank of India is about the right of cross examination.

  3. General Medical Council Vs. Spaekmen is about irrelevance of principles of natural justice; if in reaching a decision, the principles make no difference.

  4. N. Kalindi Vs. Tata Locomotives is about the right of representation by a lawyer considered as a part of natural justice and it can be claimed as of right.


Correct Option: B
Explanation:

K. L. Tripathi Vs. State Bank of India is about the right of cross examination.

Administrative law deals with

i. the powers of constitutional authorities ii. the powers of judicial authorities iii. the powers of the administrative authorities iv. the powers of the legislative authorities

  1. only i and ii

  2. only ii

  3. only iii

  4. i, ii, iii and iv


Correct Option: C
Explanation:

Administrative law deals with the powers of the administrative authorities.

Directions: Read Assertion (A) and Reason (R) to answer using codes given below:

Assertion (A): One of the two Acts enacted under List I Entry 66 and the other under List III Entry 25 can be repugnant to each other. Reason (R): Because Annamalai University Vs. Secretary of Inf. and Tourism Department decided so.

  1. (A) and (R) are right and (R) is right reason for (A).

  2. (A) is right, but (R) is wrong.

  3. (A) is wrong, but (R) is right.

  4. Both (A) and (R) are wrong.


Correct Option: D
Explanation:

Both the statements are wrong. One of the two acts enacted under List I Entry 66 and the other under List III Entry 25 cannot be repugnant to each other. Nothing as such was decided in the case of Annamalai University Vs. Secretary of Inf. and Tourism Department.

Which of the following is/are decided case(s) about possession?

  1. Cartwright Vs. Green
  2. R. Vs. Hudson
  3. Daimler Co. Vs. Continental Tyre and Rubber Co.
  1. 3 only

  2. 2 and 3

  3. 1 and 3

  4. 1 and 2


Correct Option: D
Explanation:

Cartwright Vs. Green and R. Vs. Hudson are the decided cases about possession.

Which of the following statements is correct?

  1. While certiorari can be issued against judicial or quasi-judicial authorities, mandamus can be issued against administrative authorities also.

  2. Mandamus can be issued for a declaration that an Act is ultra vires the Constitution and certiorari can also be issued for correcting that defect.

  3. Certiorari can be issued against a quasi-judicial authority to prevent it from exercising jurisdiction not vested in it. Mandamus cannot be issued for that purpose.

  4. Certiorari cannot be issued against usurping a public officer, but Mandamus can be issued for that purpose.


Correct Option: A
Explanation:

While certiorari can be issued against judicial or quasi-judicial authorities, mandamus can be issued against administrative authorities also.

In which of the following cases was it observed by the Supreme court that precedent should not be petrified nor judicial dicta divorced from the socio-economic mores of the age?

  1. Mamleshwar Vs. Kanahaiya Lal

  2. Bengal Immunity Company Ltd. Vs. State of Bihar

  3. State of West Bengal Vs. Corporation of Calcutta

  4. K. C. Dora Vs. G. Annamanaidu


Correct Option: B
Explanation:

In Bengal Immunity Company Ltd. Vs. State of Bihar, it was observed by the Supreme Court that precedent should not be petrified nor judicial dicta divorced from the socio-economic mores of the age. 

Who among the following divided the sources of Law into formal sources and material sources?

  1. Gray

  2. Keaton

  3. Allen

  4. Solmond


Correct Option: D
Explanation:

Allen divided the sources of Law into formal sources and material sources.

What was the principle laid down by the Supreme Court in A. K. Kraipak Vs. Union of India?

  1. Rule of law is embedded in Article 14 of the Constitution of India.

  2. Judicial review is a part of the basic structure of the Constitution.

  3. Principles of natural justice are applicable to administrative proceedings.

  4. Post-decisional hearing would be sufficient for the observance of principles of natural justice.


Correct Option: C
Explanation:

The principles laid down by the Supreme Court in A. K. Kraipak Vs. Union of India is the principle of natural justice that are applicable to administrative proceedings.

Austin described ownership as a right over determinate thing with reference to which of the following options?

  1. Restricted in point of disposition

  2. Unlimited in point of duration

  3. Indefinite in point of user

  4. Unlimited in point of space


Correct Option: B
Explanation:

Austin defined ownership as a right indefinite in point of user, unrestricted in point of disposition, and unlimited in point of duration over a determinate thing.  

Which of the following mitigating factors does not justify the award of death penalty?

  1. When the murder has been previously planned.

  2. Such murder involves exceptional depravity.

  3. When such murder was against a public servant while on duty.

  4. When the offence was committed by the accused under the influence of extreme mental disturbance.


Correct Option: D
Explanation:

Option 4 does not justify the award of death penalty.

According to Professor Goodhart, a ratio decidendi of a case is

  1. the principle of law laid down in a decision which is the decisive element

  2. the conclusion reached by the judge on the basis of the material facts of the case

  3. the reason given by the court for its decision

  4. any opinion of the court on a question of law


Correct Option: B
Explanation:

According to Professor Goodhart, a ratio decidendi of a case is the conclusion reached by the judge on the basis of the material facts.

Directions: Read Assertion (A) and Reason (R) and with the help of the codes given below, find the correct explanation:

Assertion (A): Participation in some manner in the act constituting the offence of common intention by all the persons to be prosecuted is necessary. Reason (R): Physical presence at the time of commission of crimes is not mandatory in all cases.

  1. Both (A) and (R) are true, but (R) is not the correct explanation of (A).

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

  3. (A) is correct, but (R) is false.

  4. (A) is false, but (R) is true.


Correct Option: B
Explanation:

Participation in some manner in the act constituting the offence of common intention by all the persons to be prosecuted is necessary. In some manner, it implies that physical presence at the time of commission of crimes is not mandatory in all cases.

Which of the following facts does not constitute the degree of knowledge for holding a person to be criminally liable for adducing false evidence?

  1. A statement is known to be false.

  2. A statement is believed to be false.

  3. A statement is not believed to be true.

  4. An offence is committed, but not affirmed.


Correct Option: D
Explanation:

Option 4 does not constitute the degree of knowledge for holding a person to be criminally liable for adducing false evidence.

Directions: Read Assertion (A) and Reason (R) and with the help of the codes given below, find the correct explanation:

Assertion (A): Nullum Crimen is an injunction to the legislature, not to implicate all the suspected persons to be prosecuted. Reason (R): To avoid impossibility and to settle the question, the legislature must have to use administrative ruling.

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

  2. Both (A) and (R) are true, but (R) is not the correct explanation of (A).

  3. (A) is correct, but (R) is false.

  4. (A) is false, but (R) is true.


Correct Option: A
Explanation:

Nullum crimen sine lege is the moral principle in criminal law and international criminal law that a person cannot or should not face criminal punishment, except for an act that was criminalised by law before he/she performed the act.

Match List – I with List – II using the codes given below:

 
List – I List – II
i. There is no rigid formula for principles of natural justice. a. R. S. Dass Vs. Union of India
ii. Choice of application of rules of natural justice b. R. Vs. Sussex Justices
iii. Justice should not only be done, but manifestly and undoubtedly be seen to be done. c. Union of India Vs. P. K. Roy
iv. Meaning of bias d. Secy. to Govt. Transport Dept. Vs. Munuswamy
  1. i – b, ii – d, iii – a, iv – c

  2. i – c, ii – a, iii – d, iv – b

  3. i – a, ii – c, iii – b, iv – d

  4. i – c, ii – a, iii – b, iv – d


Correct Option: D
Explanation:

i – c, ii – a, iii – b, iv – d

Directions: Read Assertion (A) and Reason (R) and with the help of the codes given below, find the correct explanation:

Assertion (A): The gist of conspiracy lies in forming the scheme between two or more persons to perform the overt act. Reason (R): The alleged agreement must provide circumstantial evidence about the participation by all to establish conspiracy.

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

  2. Both (A) and (R) are true, but (R) is not the correct explanation of (A).

  3. (A) is correct, but (R) is false.

  4. (A) is false, but (R) is true.


Correct Option: A
Explanation:

Section 120-A of the IPC defines ‘conspiracy’ to mean that when two or more persons agree to do or cause to be involved in an illegal act. The alleged agreement must provide circumstantial evidence about the participation by all to establish conspiracy.

Which of the following cannot be a subject matter of theft?

  1. Durga idol

  2. Cooking gas

  3. Running electricity

  4. Forgotten umbrella


Correct Option: C
Explanation:

Running electricity cannot be a subject matter of theft.

What offence, if any, has been caused by the accused ‘X’ in the following facts?

‘X’ had some verbal wrangle with his wife ‘Y’ and in course of that, he gave her a blow with great force and after an interval for two hours, ‘Y’ died. Medical evidence provided the causative factor as rupture in the spleen.

  1. Culpable homicide not amounting to murder

  2. Grievous hurt

  3. Homicide

  4. Simple hurt


Correct Option: B
Explanation:

X has committed an offence of grievous hurt.

The main objective of the Air (Prevention and Control of Pollution) Act is

  1. to provide for the prevention, control and abatement of air pollution

  2. to provide for ensuring standards for emission from automobiles

  3. to put restrictions on the establishment of certain industrial plants

  4. to establish an air laboratory for air quality standards


Correct Option: A
Explanation:

The main objective of the Air (Prevention and Control of Pollution) Act is to provide for the prevention, control and abatement of air pollution.

Directions: Read Assertion (A) and Reason (R) and answer using the codes given below:

Assertion (A): A company was unlawfully polluting streams and rivers by discharging trade effluents which raised pollution level beyond permissible limits. Reason (R): The court decided that the company could not be held liable under Water Act, 1974.

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

  2. Both (A) and (R) are true, but (R) is not the correct explanation of (A).

  3. (A) is true, but (R) is false.

  4. (A) is false, but (R) is true.


Correct Option: C
Explanation:

A company was unlawfully polluting streams and rivers by discharging trade effluents which raised pollution level beyond permissible limits. The company will be held liable under Water Act, 1974. 

The definition of ‘environmental pollution’ under the Environment (Protection) Act is

  1. any pollution of air, water and soil

  2. the presence of any solid, liquid or gaseous substance in the environment that causes injuries to man

  3. the presence in the environment of any environmental pollutant

  4. any pollution in land, sea and air


Correct Option: C
Explanation:

The definition of ‘environmental pollution’ under the Environment (Protection) Act is the presence in the environment of any environmental pollutant.

The National Environment Tribunal Act provides for compensation on the basis of no fault liability in the cases of

I. death of any person II. injury to any person III. death and injury to workman IV. damage to any property

  1. I and II

  2. II and III

  3. IV only

  4. I, II and IV


Correct Option: D
Explanation:

The National Environment Tribunal Act provides for compensation on the basis of no fault liability in the cases of death of any person, injury to any person and damage to any property.

Directions: Read Assertion (A) and Reason (R) and using the codes given below, answer the question:

Assertion (A): In criminal breach of trust, there is conversion of property held by a person in a fiduciary capacity. Reason (R): A person has a right to convert property held by him in a fiduciary capacity.

  1. Both (A) and (R) are right and (R) is the correct reason for (A).

  2. (A) is right, but (R) is wrong.

  3. (A) is wrong, but (R) is right.

  4. Both (A) and (R) are wrong.


Correct Option: B
Explanation:

In criminal breach of trust, there is a conversion of property held by a person in fiduciary capacity. A person does not have the right to convert a property held by him in fiduciary capacity.

Consider the following statements regarding vested and contingent rights:

  1. A vested right creates an immediate interest and is transferable and heritable.
  2. A contingent right creates an immediate interest and is defeated when the required facts have not occurred.

Which of the statements given above is/are correct?

  1. 1 only

  2. 2 only

  3. Both 1 and 2

  4. Neither 1 nor 2


Correct Option: A
Explanation:

When the right, interest, or title to the present or future possession of a legal estate can be transferred to any other party, it is termed as vested interest. A contingent right is a right that depends on a future event or the performance of an action.

Which of the following statements is correct?

  1. A quasi-judicial body may never review its own decision unless authorised by the statute.

  2. A quasi-judicial body may review its own decision if there is a grave error of law in it.

  3. A quasi-judicial body may review its own decision if there is a violation of natural justice.

  4. All tribunals may review their decisions.


Correct Option: A
Explanation:

A quasi-judicial body may never review its own decision unless authorised by the statute.

Under whose specification is the recycling of plastic undertaken as per the Plastic Manufacture, Sales and Usage Rules, 1999?

  1. Indian Standard Institution

  2. Bureau of Indian Standards

  3. Indian Standard Organisation

  4. Indian Plastic Bureau


Correct Option: D
Explanation:

Under Indian Plastic Bureau, the recycling of plastic is undertaken as per the Plastic Manufacture, Sales and Usage Rules, 1999.

For which special purpose can a conditional permit for hunting any wild animal not be granted under the Wild Life (Protection) Act?

  1. Preparation of snake venom for manufacturing of life saving drugs

  2. Collection of specimen for zoos and museums

  3. Scientific research

  4. Research in traditional and established Universities


Correct Option: D
Explanation:

For research in traditional and established Universities, a conditional permit for hunting any wild animal cannot be granted under the Wild Life (Protection) Act.

“International Law may be defined in broad terms as the body of general principles and specific rules which are binding upon the members of the International Community in their mutual relations”. Who has given this definition of Public International Law?

  1. J. G. Starke

  2. Charles G. Fenwick

  3. Whiteman

  4. Torsten Gihl


Correct Option: B
Explanation:

Charles G. Fenwick has given this definition of Public International Law.

The Estrada Doctrine was propounded by

  1. the Home Minister of Mexico

  2. the Foreign Minister of Mexico

  3. the External Secretary of USA

  4. the Prime Minister of UK


Correct Option: B
Explanation:

The Estrada Doctrine was propounded by the Foreign Minister of Mexico.

Arrange the following cases in the chronological order on the basis of the year in which they have been decided by the Supreme Court on Public Trust doctrine under Environment law. Answer using the codes given below:

I. M. C. Mehta Vs. Kamal Nath II. M. I. Builders Pvt. Ltd. Vs. Radhey Shyam Sahu III. Hinch Lal Tiwari Vs. Kamala Devi IV. Intellectual Forum, Thirupathi Vs. State of Andhra Pradesh

  1. IV, III, I, II

  2. III, II, IV, I

  3. III, I, IV, II

  4. I, II, III, IV


Correct Option: D
Explanation:

I.     M. C. Mehta Vs. Kamal Nath, 1996 II.    M. I. Builders Pvt. Ltd. Vs. Radhey Shyam Sahu, 1999 III.   Hinch Lal Tiwari Vs. Kamala Devi, 2001 IV.  Intellectual Forum, Thirupathi Vs. State of Andhra Pradesh, 2006

“The UNO has no competence to intervene in matters which are essentially within the domestic jurisdiction of any State”. This provision has been provided under which Article of UN Charter?

  1. Article 1(7)

  2. Article 2(7)

  3. Article 7(2)

  4. Article 98(7)


Correct Option: B
Explanation:

This provision has been provided under which Article 2(7) of UN Charter.

Give the chronological order of the following in which they came into existence:

a. Charter of United Nations b. Universal Declaration of Human Rights c. International Covenant on Civil and Political Rights d. International Covenant on Economic, Social and Cultural Rights

  1. a c b d

  2. d b a c

  3. a b d c

  4. c d b a


Correct Option: C
Explanation:

a. Charter of United Nations - 26th June, 1945 b. Universal Declaration of Human Rights - 10th December, 1948 d. International Covenant on Economic, Social and Cultural Rights - 3th January, 1976 c. International Covenant on Civil and Political Rights - 23rd March, 1976  

Section 9 of the Hindu Marriage Act, 1955 was held to be ‘intra-vires’ in the Constitution by the Supreme Court in the case of

  1. T. Sareetha Vs. T. V. Subbhiah

  2. Saroj Rani Vs. Sudarshan

  3. Harvinder Kaur Vs. Harmandar Singh

  4. Sarla Mudgil Vs. Union of India


Correct Option: B
Explanation:

Section 9 of the Hindu Marriage Act, 1955 was held to be ‘intra-vires’ in the Constitution by the Supreme Court in the case of Saroj Rani Vs. Sudarshan.

There is a clear cut division between the spheres of legislature and judiciary. The former makes the laws and the latter applies them. Which of the following propounds this doctrine?

  1. Analytical jurisprudence

  2. Historical jurisprudence

  3. Sociological jurisprudence

  4. Philosophical jurisprudence


Correct Option: A
Explanation:

Analytical jurisprudence propounds this doctrine.

A Muslim has given Triple Talaaq to his wife and now wants to marry her again. He can do so

  1. without any restriction

  2. only on request of such wife

  3. only if such woman marries another man, the marriage is consummated and he has (second husband) divorced her

  4. He cannot marry her.


Correct Option: C
Explanation:

A Muslim has given Triple Talaaq to his wife and now wants to marry her again. He (second husband) can do so only if such woman marry another man, the marriage is consummated and he has divorced her.

Match items in List – I with items in List – II using the codes given below:

 
List – I List – II
a. Intergenerational Equity i. Earth Summit, 1992, Principle 15
b. Sustainable Development ii. Rio Declaration, 1992, Principle 16
c. Precautionary Principle iii. Stockholm Declaration 1972, Principles 1 and 2
d. Polluter Pays Principle iv. Rio Declaration, 1992, Principle 3
  1. a – iv, b – iii, c – i, d – ii

  2. a – i, b – iii, c – ii, d – iv

  3. a – ii, b – iv, c – I, d – iii

  4. a – iii, b – iv, c – i, d – ii


Correct Option: D
Explanation:

a – iii, b – iv, c – i, d – ii

As per Section 5 of the Hindu Marriage Act, 1955, the essential conditions of a Hindu marriage are

I. Monogamy II. Mental capacity III. The groom has completed the age of 21 years and the bride of 18 years IV. No prohibited degree and sapinda relationship unless saved by custom

  1. I, II and IV

  2. II, III, and IV

  3. I, II and III

  4. I, II, III and IV


Correct Option: D
Explanation:

All of these are essential conditions.

Directions: Read Assertion (A) and Reason (R) and find out the correct answer using the codes given below:

Assertion (A): Legitimate expectation does not grant an absolute right to a claimant. Reason (R): Legitimate expectation protects the right of fair hearing before a decision which results in negating a promise or withdrawing an undertaking is taken.

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

  2. (A) and (R) are true, but (R) is not the correct explanation of (A).

  3. (A) is true and (R) is false.

  4. (A) is false and (R) is true.


Correct Option: A
Explanation:

Legitimate expectation does not grant an absolute right to a claimant. The principle of legitimate expectation is closely connected with a 'right to be heard'. It protects the right of fair hearing before a decision, which results in negating a promise or withdrawing an undertaking, is taken.

Abuse of discretion can be inferred from which of the following circumstances?

(i) Non-application of mind (ii) Colourable exercise of power (iii) Non-observance of audi alteram partem (iv) Irrelevant considerations

  1. Only (i)

  2. Only (i) and (ii)

  3. Only (ii) and (iii)

  4. Only (ii), (iii) and (iv)


Correct Option: D
Explanation:

An abuse of discretion is a failure to take into proper consideration the facts and law relating to a particular matter. Abuse of discretion can be inferred from colourable exercise of power, non-observance of audi alteram partem and irrelevant considerations. Colourable exercise means that under the “colour” or “guise” of power conferred for one purpose, the authority is seeking to achieve something else which it is not authorised to do under the law in question, then the action of the authority shall be invalid and illegal.

In giving a child in adoption by a Hindu father, the requirement of the consent of the mother can be dispensed with in which of the following cases?

I. She has been declared to be of unsound mind by the Court of Competent Jurisdiction. II. She has finally and completely renounced the world. III. She has ceased to be a Hindu. IV. Her age is less than 18 years.

  1. II, III and IV

  2. I, II, III and IV

  3. I, II and III

  4. I, III and IV


Correct Option: C
Explanation:

In giving a child in adoption by a Hindu father, the requirement of the consent of the mother can be dispensed with if she has been declared to be of unsound mind by the Court of Competent Jurisdiction or she has finally and completely renounced the world or she has ceased to be a Hindu. A child can be adopted if he/she has not completed the age of 15 years.

Which of the following is/are correct?

I. A void marriage remains valid until a decree annulling it has been passed by a competent court. II. A void marriage is never a valid marriage and there is no necessity of any decree annulling it. III. A voidable marriage is a valid subsisting marriage until a decree annulling it has been passed by a court of competent jurisdiction.

  1. I and III are correct, but II is incorrect.

  2. II and III are correct, but I is incorrect.

  3. I and III are incorrect, but II is correct.

  4. I and II are incorrect, but III is correct.


Correct Option: B
Explanation:

II.   A void marriage is never a valid marriage and there is no necessity of any decree annulling it. III.  A voidable marriage is a valid subsisting marriage until a decree annulling it has been passed by a court of competent jurisdiction.

“A Hindu mother can be the natural guardian of her minor child during the life of the father of the child if he is not taking due care of the child.” This was held by the Supreme Court of India in the case of

  1. M. M. Ganguli Vs. Jayanti Ganguli

  2. Jijabai Vs. Pathan Khan

  3. Sarla Mudgil Vs. Union of India

  4. Githa Hariharan Vs. Reserve Bank of India


Correct Option: D
Explanation:

"A Hindu mother can be the natural guardian of her minor child during the life of the father of the child if he is not taking due care of the child.” This was held by the Supreme Court of India in the case of Githa Hariharan Vs. Reserve Bank of India.

Which of the following has not yet been statutorily recognised as a theory of divorce under the Hindu Marriage Act, 1955?

  1. Fault Theory

  2. Will Theory

  3. Breakdown Theory

  4. Mutual Consent Theory


Correct Option: B
Explanation:

Will Theory has not yet been statutorily recognised as a theory of divorce under the Hindu Marriage Act, 1955.

Which of the following statements are wrong?

i. Human rights are created by legislation. ii. Legal duty to protect human rights is not the duty to respect them. iii. International concern with human rights as enshrined in the Untied Nations Charter is a modern innovation. iv. A human right violation is now conceived as violation of those personally and directly aggrieved, but not of everyone.

  1. i and ii

  2. ii and iii

  3. iii and iv

  4. i, ii, iii and iv


Correct Option: D
Explanation:

All the given statements are wrong.

Match List – I with List – II in the light of Section 2 of the Dissolution of Muslim Marriage Act, 1939 and select the correct answer using the codes given below:

 
List – I List – II
a. Imprisonment of husband i. Sec. 2(vii)
b. Option of puberty ii. Sec. 2(iii)
c. Husband missing iii. Sec. 2(v)
d. Impotency of husband iv. Sec. 2(i)
  1. a – ii, b – i, c – iv, d – iii

  2. a – i, b – ii, c – iii, d – iv

  3. a – iv, b – ii, c – i, d – iii

  4. a – iii, b – i, c – ii, d – iv


Correct Option: A
Explanation:

a – ii, b – i, c – iv, d – iii

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

 
List – I (Name of Case) List – II (Popular Name)
a. Portugal Vs. India 1. The Asylum Case
b. Burkina Faso Vs. Mali 2. Fisheries Jurisdiction Case
c. Spain Vs. Canada 3. Frontier Dispute Case
d. Columbia Vs. Peru 4. Right of Passage over Indian Territory Case
  1. a – 1, b – 2, c – 3, d – 4

  2. a – 4, b – 3, c – 2, d – 1

  3. a – 2, b – 4, c – 1, d – 3

  4. a – 3, b – 1, c – 4, d – 2


Correct Option: B
Explanation:

a – 4, b – 3, c – 2, d – 1

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

 
List – I (Name of Case) List – II (Year of decision)
a. Lether Vs. Sagor 1. 1939
b. Bank of Ethiopia Vs. National Bank of Egypt 2. 1942
c. Arantzazu Mendi Case 3. 1937
d. U.S. Vs. Pink 4. 1921
  1. a – 1, b – 2, c – 3, d – 4

  2. a – 3, b – 4, c – 2, d – 1

  3. a – 2, b – 1, c – 4, d – 3

  4. a – 4, b – 3, c – 1, d – 2


Correct Option: D
Explanation:

a – 4, b – 3, c – 1, d – 2

Which of the following courts normally is/are notified by the State Governments to act as Human Rights Court(s) for speedy trial of offences violating Human Rights?

i. Munsiff Courts ii. Lok Adalats iii. Senior Civil Judge Court iv. Sessions Court

  1. i and iv

  2. i, iii and iv

  3. ii and iv

  4. iv only


Correct Option: D
Explanation:

Sessions Court has the jurisdiction to act as Human Rights Court for speedy trial of offences violating Human Rights.

Directions: Read Assertion (A) and Reason (R) and answer using the codes given below:

Assertion (A): The purpose of United Nations is to maintain national security and peace. Reason (R): Because Article – I of the Charter of the United Nations says so.

  1. Both (A) and (R) are right and (R) is the right reason for (A).

  2. Both (A) and (R) are wrong.

  3. (A) is right and (R) is wrong.

  4. (A) is wrong and (R) is right.


Correct Option: A
Explanation:

Article – I of the Charter of the United Nations provides the purpose of United Nations, i.e. to maintain international peace and security, and to that end; to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of peace.

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

 
List – I List – II
a. Recognition clothes the recognized State with rights and duties under International law. 1. De Facto Recognition
b. Recognition is merely a formal acknowledgement through which established facts are accepted. 2. Constitutive Theory of Recognition
c. State recognised possesses the essential elements of statehood and fit to be subject of international law. 3. De-Jure Recognition
d. Recognition is final and once granted cannot be withdrawn 4. Declaratory Theory of Recognition
  1. a – 2, b – 4, c – 1, d – 3

  2. a – 1, b – 2, c – 3, d – 4

  3. a – 3, b – 4, c – 2, d – 1

  4. a – 4, b – 3, c – 1, d – 2


Correct Option: A
Explanation:

a – 2, b – 4, c – 1, d – 3

Directions: Read Assertion (A) and Reason (R) and answer using the codes given below:

Assertion (A): Human Rights are regarded as those fundamental but alienable rights which are preferred for life as human beings. Reason (R): Change is the general rule of life. Therefore, legislatures are free to change human rights according to the changing needs and circumstances.

  1. Both (A) and (R) are right and (R) is the correct reason for (A).

  2. Both(A) and (R) are right, but (R) is not the correct reason for (A).

  3. Both (A) and (R) are wrong.

  4. (A) is wrong and (R) is right.


Correct Option: C
Explanation:

Human rights are rights inherent to all human beings, whatever be their nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status. We are all equally entitled to our human rights without discrimination. These rights are all interrelated, interdependent and indivisible.

Directions: Read Assertion (A) and Reason (R) and answer using the codes given below:

Assertion (A): A refugee means any person who, owing to well-founded fear of being prosecuted for reason of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality. Reason (R): Because the United Nations Convention on the Refugees, 1951 in its Article 1A says so.

  1. Both (A) and (R) are right and (R) is the right reason of (A).

  2. (A) is wrong and (R) is right.

  3. (A) is right and (R) is wrong.

  4. Both (A) and (R) are wrong.


Correct Option: D
Explanation:

Both the statements are wrong. A refugee means a person who has been forced to leave their country in order to escape war, persecution, or a natural disaster. 

Right to nationality, right to marry and right to find a family are the rights under

(i) women rights (ii) social and cultural rights (iii) civil and political rights (iv) inherent rights

  1. (i), (ii) and (iv)

  2. (ii), (iii) and (iv)

  3. (ii) and (iii)

  4. (iii) only


Correct Option: D
Explanation:

Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organisations and private individuals, and which ensure one's ability to participate in the civil and political life of the society and state without discrimination or repression. Right to nationality, right to marry and right to find a family are the rights that fall under Civil and Political rights.

The power of ‘enquiry and investigation’ was given to Human Rights Commission under which of the following sections of the protection of Human Rights Act, 1993?

i. Section 13 ii. Section 14 iii. Section 9 iv. Section 10

  1. i and ii

  2. i and iii

  3. ii and iii

  4. iii and iv


Correct Option: A
Explanation:

Under sections 13 and 14 of the protection of Human Rights Act, 1993, the power of ‘enquiry and investigation’ was given to Human Rights Commission. 

Which of the following are effective defences in the tort of nuisance?

I. Public good II. Prescription III. Statutory authority IV. Reasonable care

  1. I and III

  2. II and IV

  3. II and III

  4. I and IV


Correct Option: C
Explanation:

Prescription and statutory authority are effective defences in the tort of nuisance.

Directions: Read Assertion (A) and Reason (R) and answer using the codes given below:

Assertion (A): Negligence as a tort is the breach of legal duty to take care which results in damage. Reason (R): In the tort of negligence, the law takes cognizance of carelessness only if it is supported by the legal duty to care.

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

  2. Both (A) and (R) are true but (R) is not the correct explanation of (A).

  3. (A) is true, but (R) is false.

  4. (A) is false, but (R) is true.


Correct Option: A
Explanation:

Negligence is the failure to take care that a responsible person usually takes and lack of normal care or attention. In the tort of negligence, the law takes cognizance of carelessness only if it is supported by the legal duty to care.

In the tort of slander, it is essential that some special damage has been resulted from the use of word by the defendant. In which of the following cases may an action of slander be maintained, without proof of special damage?

I. Words imputing criminal offence to the plaintiff. II. Words imputing to the plaintiff that he has an infectious disease. III. Words prejudice the plaintiff in his office, profession, etc. IV. Words imputing unchastity to a woman.

  1. I and II

  2. I, II and III

  3. I, II and IV

  4. I, II, III and IV


Correct Option: D
Explanation:

In all these cases, an action of slander may be maintained, without proof of special damage.

Which of the following is not an exception to the strict liability principle laid down in Rylands Vs. Flecher?

  1. Independent contractor

  2. Statutory authority

  3. Act of God

  4. Consent of the plaintiff


Correct Option: A
Explanation:

In tort law, strict liability is the imposition of liability on a party without a finding of fault. Independent contractor is not an exception to the strict liability principle laid down in Rylands Vs. Flecher.

What is the pecuniary jurisdiction of the State Commission under the Consumer Protection Act?

  1. Exceeds rupees fifty lakhs, but does not exceed rupees one crore

  2. Exceeds rupees twenty lakhs, but does not exceed rupees one crore

  3. Exceeds rupees ten lakhs, but does not exceed rupees one crore

  4. Exceeds rupees one crore


Correct Option: B
Explanation:

The pecuniary jurisdiction of the State Commission under the Consumer Protection Act when the value of the subject matter exceeds rupees twenty lakhs, but does not exceed rupees one crore.

According to Section 12 of the Partnership Act, any difference arising as to ordinary matters connected with the business of partnership may be decided by

  1. the seniormost partner

  2. an arbitrator

  3. a majority of partners

  4. a judge


Correct Option: C
Explanation:

According to Section 12 of the Partnership Act, any difference arising as to ordinary matters connected with the business of partnership may be decided by a majority of partners.

Which of the following are the rights of a consumer under Consumer Protection Act, 1986?

I. Right to consumer education II. Right to seek redressal III. Access to a variety of goods and services at competitive prices IV. Take goods and services free of cost

  1. I and III

  2. I, II and III

  3. I and II

  4. I, II, III and IV


Correct Option: B
Explanation:

Right to consumer education, right to seek redressal and access to a variety of goods and services at competitive prices are the rights available to a consumer under Consumer Protection Act, 1986.

Which of the following are essentials of a contract of sale of goods?

i. Offer ii. Acceptance of offer iii. Exchange of goods for money iv. Transfer of property in goods from the seller to the buyer

  1. only i and ii

  2. only iii and iv

  3. only ii and iii

  4. i, ii, iii and iv


Correct Option: D
Explanation:

All of the above are the essentials of a contract of sale of goods. 

Directions: Read Assertion (A) and Reason (R) and answer using the codes given below:

Assertion (A): Where under a contract of sale the property in the goods has passed to the buyer and the buyer wrongfully neglects to pay for the goods according to the terms of the contract, the seller may sue the buyer for the price of the goods. Reason (R): The seller is entitled to get the contractual price.

  1. Both (A) and (R) are correct, and (R) is the correct reason for (A).

  2. Both (A) and (R) are wrong.

  3. (A) is wrong, but (R) is right.

  4. (R) is wrong, but (A) is right.


Correct Option: C
Explanation:

The seller is entitled to get the contractual price in such case.

Match the following:

 
List – I List – II
a. Scienti non fit injuria i. Where there is remedy, there is a right.
b. Qui facit per alium facit per se ii. He who does an act through another is deemed in law to do it himself.
c. Ubi jus ibi remedium iii. No injury is done to one who knowingly does an act.
d. Ubi remedium ibi jus iv. Where there is wrong, there is remedy.
  1. a – iii, b – iv, c – i, d – ii

  2. a – iv, b – iii, c – ii, d – i

  3. a – iii, b – ii, c – iv, d – i

  4. a – i, b – ii, c – iii, d – iv


Correct Option: C
Explanation:

a – iii, b – ii, c – iv, d – i

Which of the following statements is correct?

  1. If the contract is inconsistent with the public documents, the person contracting will not be prejudiced by irregularities that may set the outdoor working of the company.

  2. If the contract is consistent with the public documents, the person contracting will not be prejudiced by irregularities that may set the indoor working of the company.

  3. The doctrine of indoor management seeks to protect the company against an outsider.

  4. The doctrine of ultra vires seeks to protect the outsider against internal irregularities of the company.


Correct Option: B
Explanation:

If the contract is consistent with the public documents, the person contracting will not be prejudiced by irregularities that may set the indoor working of the company.

Which of the following statements are correct?

In order that a person can be called a holder in due course, he must show i. that he is the drawer of the negotiable instrument ii. that he has obtained it without consideration iii. that he has obtained it before the maturity of the negotiable instrument iv. that he has obtained the negotiable instrument in good faith

  1. i and ii

  2. ii and iii

  3. iii and iv

  4. i and iv


Correct Option: C
Explanation:

In order that a person can be called a holder in due course, he must show that he has obtained it before the maturity of the negotiable instrument and he has obtained the negotiable instrument in good faith.

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

 
List – I List – II
i. Intention of parties to pass property in goods a. Ghasiram Vs. State
ii. Ascertainment of intention to pass property in goods b. Badriprasad Vs. State of Madhya Pradesh
iii. Passing of property in goods c. United Breweries Ltd. Vs. State of Andhra Pradesh
iv. Specific goods in deliverable State d. Usha Beltron Ltd. Vs. State of Punjab
  1. i – b, ii – d, iii – a, iv – c

  2. i – c, ii – a, iii – b, iv – d

  3. i – a, ii – c, iii – d, iv – b

  4. i – c, ii – a, iii – d, iv – b


Correct Option: D
Explanation:

i – c, ii – a, iii – d, iv – b

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

 
List – I List – II
i. Directors with unlimited liability a. Sections 202 and 203 of the Companies Act
ii. Prevention of management of a company by undesirable persons b. Section 312 of the Companies Act
iii. A director cannot assign his office in favour of any one else. c. Sections 322 and 323 of the Companies Act
iv. Appointment to a place of profit under the company d. Section 314 of the Companies Act
  1. i – a, ii – c, iii – b, iv – d

  2. i – c, ii – a, iii – b, iv – d

  3. i – c, ii – a, iii – d, iv – b

  4. i – b, ii – d, iii – a, iv – c


Correct Option: B
Explanation:

i – c, ii – a, iii – b, iv – d

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

 
List – I List – II
i. Inchoate stamped instrument a. Union Bank of India Vs. Ankur Corp.
ii. Liability of acceptor of a negotiable instrument b. Section 31 of the Negotiable Instrument Act
iii. Liability of an endorser c. Section 35 of the Negotiable Instrument Act
iv. Liability of the drawee of a cheque d. Section 20 of the Negotiable Instrument Act
  1. i – a, ii – d, iii – c, iv – b

  2. i – d, ii – a, iii – c, iv – b

  3. i – d, ii – a, iii – b, iv – c

  4. i – c, ii – b, iii – a, iv – d


Correct Option: B
Explanation:

i – d, ii – a, iii – c, iv – b

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