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

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Right in re aliena means a right over

  1. one's own property

  2. a property of someone else

  3. property situated in a foreign country

  4. property situated in one’s own country


Correct Option: B
Explanation:

It referred to the rights which one could have over someone else's property.

Which of the following statements is correct?

  1. Laws consist of rules in accordance with reason and nature has formed the basis of imperative law.

  2. Natural law is a type of command.

  3. Law, according to positivist, is made through medium of courts.

  4. Hart talks in terms of conduct supplemented by an attitude of mind to the effect that the conduct in question is obligatory because it is required by rule.


Correct Option: D
Explanation:

Hart talks in terms of conduct supplemented by an attitude of mind to the effect that the conduct in question is obligatory because it is required by rule.

Possession is prima facie evidence of title of ownership. Hence,

  1. long adverse possession confers title even to a property which originally belonged to another

  2. in all cases, possession leads to ownership

  3. transfer of possession is not a mode of transferring ownership

  4. long possession does not confer title to the property which originally belonged to government


Correct Option: A
Explanation:

When a question of party's possession and control of personal property or its use is in issue, proof of his ownership at the time in question implies that it was in his possession or that he had the right of possession and control.

Ownership of goodwill of a business is

  1. a limited ownership

  2. a corporeal ownership

  3. an incorporeal ownership

  4. a beneficial ownership


Correct Option: C
Explanation:

Corporeal ownership implies ownership of a thing (material object). Incorporeal ownership implies ownership of a right. Thus, ownership of goodwill of a business is an incorporeal ownership.

Directions: Read the following statements and give the correct explanation with the help of the codes given below.

Assertion (A): A perfect duty is one which a man not merely ought to perform, but may be justly compelled to perform. Reason (R): A perfect duty is one which is not merely recognised by law but enforced.

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

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

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

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


Correct Option: C
Explanation:

A perfect duty is one which a man not merely ought to perform, but it justly compelled to perform. Paying one’s debts is a perfect duty. Conversely, it is a perfect right conferred to the creditor. According to Salmond, 'A perfect duty is one which is not merely recognised by law but also enforced by law. A duty is enforceable when an action or other legal proceeding, civil or criminal, will lie for the breach of it and when judgement will be executed against the defendant, if need be, through the physical force of the State.'

Who among the following said that there is in essence no difference between the legal personality of a company and that of an individual?

  1. Maitland

  2. Dicey

  3. Gierke

  4. Kelson


Correct Option: D
Explanation:

Kelson said that there is no difference between the legal personality of a company and that of an individual. Personality in the legal sense is only a technical personification of a complex of norms and assigning complexes of rights and duties. 

Who among the following judges remarked in ‘Golaknath Vs. State of Punjab’ that ‘Preamble to the Constitution contains in a nutshell its ideals and aspirations’?

  1. Justice V. R. Krishna Iyer

  2. Justice K. Subba Rao

  3. Justice A. N. Ray

  4. Justice H. R. Khanna


Correct Option: B
Explanation:

Justice K. Subba Rao remarked in ‘Golaknath Vs. State of Punjab’ that ‘Preamble to the Constitution contains in a nutshell its ideals and aspirations’.

In which among the following cases does the Supreme Court decide that the right of eligible employees to be considered for promotion is virtually a part of the fundamental right of employees?

  1. Union of India Vs. Hemraj Singh Chauhan

  2. Supreme Court Employees Association Vs. Union of India

  3. John Vallamattam Vs. Union of India

  4. St. Stephens College Vs. University of Delhi


Correct Option: A
Explanation:

The right of eligible employees to be considered for promotion is virtually a part of their fundamental right guaranteed under Article 16 (Equality of opportunity in matter of public employment) of the Constitution, a bench comprising Justices R. V. Raveendran and A. K. Ganguly held in a recent judgement, Union of India Vs. Hemraj Singh Chauhan.

In which of the following cases are fundamental duties judicially invoked? Answer using the codes given below:

i. Prem Prakash Vs. Punjab University ii. Suresh Koshy George Vs. University of Kerala iii. Rural Litigation and Entitlement Kendra Vs. State of Uttar Pradesh iv. Shri Sachidanand Pandey Vs. State of West Bengal

  1. i and ii

  2. ii and iii

  3. iii and iv

  4. i, ii, iii and iv


Correct Option: C
Explanation:

In Rural Litigation and Entitlement Kendra Vs. State of Uttar Pradesh and Shri Sachidanand Pandey Vs. State of West Bengal, fundamental duties are judicially invoked. 

In Vishram Singh Raghubanshi Vs. State of Uttar Pradesh (AIR2011 SC2275), the court held that

  1. it is the duty of superior courts to protect the reputation of judicial officers of subordinate courts

  2. procedure be laid down in the appointment of officers of subordinate courts

  3. procedure be laid down in the salaries and service conditions of the judicial officers of the lower judiciary

  4. the judges of the High Court be transferred


Correct Option: A
Explanation:

The superior courts have a duty to protect the reputation of judicial officers of subordinate courts, taking note of the growing tendency of maligning the reputation of judicial officers by unscrupulous practising advocates who either fail to secure desired orders or do not succeed in browbeating for achieving ulterior purpose.

The Supreme Court has laid down guidelines for imposing emergency under Article 356 in which of the following cases?

  1. A. K. Roy Vs. Union of India

  2. S. R. Bommai Vs. Union of India

  3. State of Rajasthan Vs. Union of India

  4. Rameswar Prasad Vs. Union of India


Correct Option: B
Explanation:

The SC laid down certain guidelines so as to prevent the misuse of Article 356 of the Constitution.

  1. The majority enjoyed by the Council of Ministers shall be tested on the floor of the House.
  2. The centre should give a warning to the state and a time period of one week to reply.
  3. The court cannot question the advice tendered by the CoMs to the President but it can question the material behind the satisfaction of the President, etc.

Who among the following is not the exponent of constitutive theory of ‘Recognition’?

  1. Hegel

  2. Oppenheim

  3. Hall

  4. Anzilloti


Correct Option: C
Explanation:

Hegel, Anzilloti Holland and Oppenheim are the chief exponents of the constitutive theory of ‘Recognition'.

Which constitutional amendment mentions: “The total number of ministers, including the Prime Minister, in the Council of Ministers shall not exceed fifteen percent of the total number of members of the House of the people”?

  1. Ninety-first

  2. Ninety-second

  3. Ninety-third

  4. Ninety-fifth


Correct Option: A
Explanation:

The Constitution (Ninety-first amendment) Act, 2003 restricts the size of Council of Ministers to 15% of the total number of members in the Parliament or the State Legislature.

Rules relating to spinda relationship are based on the principle of

  1. polygyny

  2. endogamy

  3. exogamy

  4. polyandry


Correct Option: C
Explanation:

Exogamy is a social arrangement where marriage is allowed only outside of a social group. Rules relating to spinda relationship are based on the principle of exogamy.

A ‘Muta’ marriage is

I. a temporary marriage II. recognised under Sunni law III. recognised under Shia law IV. for a fixed period

  1. II and IV only

  2. I, II, III and IV

  3. I, III and IV

  4. II and III


Correct Option: C
Explanation:

A ‘Muta’ marriage is a temporary form of marriage for a fixed period under Shia law.

Match List – I with List – II and choose the correct option using the codes given below.

 
List – I List – II
i. Executive power must be exercised in accordance with the Constitution. a. H. H. Maharajadhiraja Madhav Rao Jivaji Rao Scindia Bahadur Vs. Union of India
ii. Executive power is the residue of functions of Government, which are not legislative or judicial. b. Maganbhai Ishwarbhai Patel Vs. Union of India
iii. Executive power may be exercised without prior legislative support. c. Kehar Singh Vs. Union of India
iv. The President is not bound to hear a petitioner for mercy before he rejects the petition. d. A. Sanjeevi Naidu Vs. State of Madras
  1. i – d, ii – a, iii – b, iv – c

  2. i – a, ii – d, iii – b, iv – c

  3. i – d, ii – a, iii – c, iv – b

  4. i – b, ii – c, iii – a, iv – d


Correct Option: A
Explanation:

i – d, ii – a, iii – b, iv – c

Statement – I: Subject to Rules of Jus Cogens, local customary law can supplement or derogate from general custom. Statement – II: International law does not recognise the concept of local custom.

  1. Both the statements are individually true and Statement – II is the correct explanation of Statement – I.

  2. Both the statements are individually true, but Statement – II is not the correct explanation of Statement – I.

  3. Statement – I is true, but Statement – II is false.

  4. Statement – I is false, but Statement – II is true.


Correct Option: C
Explanation:

A peremptory norm (also called Jus Cogens, Latin for "compelling law") is a fundamental principle of international law which is accepted by the international community of states as a norm from which no derogation is ever permitted. States can deviate from customary international law by enacting treaties and conflicting laws, but Jus Cogens are non-derogable. 

Divorce by Zihar is a species of

  1. actual divorce

  2. inchoate divorce

  3. khula divorce

  4. constructive divorce


Correct Option: B
Explanation:

Divorce by Zihar is a species of inchoate divorce. In this form, the husband expresses his dissatisfaction with his wife by comparing her with the back of his mother or sister or any other woman within the degrees of prohibited relationship.

When two Hindus are descendants of a common ancestress but by different husbands, they are said to be related to each other by

  1. uterine blood

  2. half blood

  3. full blood

  4. fosterage


Correct Option: A
Explanation:

When two Hindus are descendants of a common ancestress but by different husbands, they are said to be related to each other by uterine blood.

A decree of judicial separation

I. dissolves the matrimonial bond II. does not dissolve the matrimonial bond but merely suspends marital rights and obligations during the subsistence of the decree III. mandates that the parties still continue to be husband and wife but not obliged to live together IV. provides that if the parties have not resumed cohabitation for a period of one year, either party may seek divorce

  1. I, II and IV

  2. I, II, III and IV

  3. I and IV

  4. II, III and IV


Correct Option: D
Explanation:

A decree of judicial separation does not dissolve the matrimonial bond but merely suspends marital rights and obligations during the subsistence of the decree. Even after a decree of judicial separation, the parties still continue to be husband and wife but not obliged to live together. A decree of judicial separation provides that if the parties have not resumed cohabitation for a period of one year, either party may seek divorce.

 

Who is the propounder of ‘pigeon hole’ theory?

  1. Winfield

  2. Salmond

  3. Flemming

  4. Paton


Correct Option: B
Explanation:

Salmond is the propounder of ‘pigeon hole’ theory.

Match List – I with List – II and choose the correct option by using the codes given below.

 
List – I (Principles applied by the Courts) List – II (Cases)
1. Law must be based on justice, equity and good conscience a. R. V. Keyn
2. Subrogation b. Chorzaw Factory (Indemnity) Case
3. Res Judicata c. Mavrommatis Palestine Concessions Case
4. Estoppel d. Barcelona Traction Case
  1. a – 3, b – 2, c – 4, d – 1

  2. a – 1, b – 3, c – 2, d – 4

  3. a – 2, b – 4, c – 3, d – 2

  4. a – 1, b – 2, c – 3, d – 4


Correct Option: B
Explanation:

a – 1, b – 3, c – 2, d – 4

In Jyotindra Bhattacharjee Vs. Mrs. Sona Balon Bora, it was held that

  1. the onus of proving soundness of mind of a person always rests upon a person who alleges such state of mind of another person

  2. the onus of proving unsoundness of mind of a person always rests upon a person who alleges such state of mind of another person

  3. the onus of proving unsoundness of mind rests upon person of unsound mind

  4. the onus of proving unsoundness of mind is on the judge deciding the case involving person of unsound mind


Correct Option: B
Explanation:

In Jyotindra Bhattacharjee Vs. Mrs. Sona Balon Bora, it was held that the onus of proving unsoundness of mind of a person always rests upon a person who alleges such state of mind of another person.

For a valid contract, acceptance should be

  1. absolute and qualified

  2. partial but unqualified

  3. absolute and unqualified

  4. absolutely qualified


Correct Option: C
Explanation:

Whether the acceptance is expressed or implied, the main point is that it must be absolute (final) and unqualified in order to be effective.

Match List – I with List – II and choose the correct option by using the codes given below.

 
List – I (Sources of Public International Law) List – II (Case related)
1. General principles of law recognised by the civilised countries a. North Continental Self case
2. Juristic Work b. Burkina Faso Vs. Mali
3. International Customs c. Portugal Vs. India
4. Justice and Equity d. Paquete Habaana case
  1. a – 1, b – 2, c – 3, d – 4

  2. a – 2, b – 3, c – 4, d – 1

  3. a – 3, b – 4, c – 1, d – 2

  4. a – 4, b – 1, c – 3, d – 2


Correct Option: D
Explanation:

a – 4, b – 1, c – 3, d – 2

The Revenue Inspector knowingly disobeys the direction to conduct enquiry at a place for demarcation. What offence, if any, has been caused by him under IPC?

  1. An offence as per Section 166-A

  2. For continuing to remain in an unlawful assembly as per Section 145

  3. For touching any point material as per Section 199

  4. For giving false information as per Section 201


Correct Option: A
Explanation:

As provided under Section 166-A of Indian Penal Code, when a public servant knowingly disobeys any direction of the law which prohibits him from requiring the attendance at any place of any person for the purpose of investigation shall be liable to be punished.

Which of the following is NOT a sovereign function of the State?

  1. Construction of military road

  2. Injury to the plaintiff during the lathi-charge by the police to disperse the unlawful crowd

  3. A Government jeep being taken from the workshop to the collector’s bungalow for his use

  4. Distribution of meals to army personnel


Correct Option: C
Explanation:

A Government jeep being taken from the workshop to the collector’s bungalow for his use is not a sovereign function of the State.

The owner of a bus instructed the driver not to race and compete with other omnibuses on a particular route. The driver still tried to obstruct a rival omnibus and caused an accident. What shall be the nature of liability?

  1. The driver shall be liable for the accident because he did not follow the instructions of his owner.

  2. It shall be the liability of the owner of the bus because he has no authority to give instruction to his driver and his act was totally wrong.

  3. The owner of the bus shall be vicariously liable for the accident committed by his driver during the course of employment.

  4. Neither owner nor driver shall be liable.


Correct Option: C
Explanation:

The owner of the bus shall be vicariously liable for the accident committed by his driver during the course of employment.

If a journalist publishes an article in a leading newspaper that all lawyers were thieves, no particular lawyer could sue him unless there is something to point to the particular individual. It refers to

  1. defamation of a company

  2. innuendo

  3. defamation of public figures

  4. defamation of class of persons


Correct Option: D
Explanation:

If a journalist publishes an article in a leading newspaper that all lawyers were thieves, no particular lawyer could sue him unless there is something to point to the particular individual. It refers to defamation of class of persons.

Directions: Read the following statements and give the correct explanation with the help of the codes given below.

Assertion (A): A wooden chair, while being used by a guest, caused an injury to him due to defective manufacture. The guest is entitled to claim damages from the manufacturer. Reason (R): The manufacturer owes a duty to take care only towards the lawful buyer under the Consumer Protection Act.

  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:

The guest will succeed in recovering the damages. Manufacturer is duty bound to take care of the ultimate user.

Match List – I with List – II and choose the correct option by using the codes given below.

 
List – I List – II
i. Ijma a. Cancellation of marriage
ii. Faskh b. Opinion of one individual only
iii. Mahr-ul-misl c. Collective opinion of commentators
iv. Qiyas d. Customary dower
  1. i – c, ii – a, iii – d, iv – b

  2. i – a, ii – b, iii – c, iv – d

  3. i – c, ii – d, iii – b, iv – a

  4. i – d, ii – b, iii – a, iv – c


Correct Option: A
Explanation:

i – c, ii – a, iii – d, iv – b

A man has committed physical contact involving unwelcome sexual overture against a female. What offence has been caused by him under IPC?

  1. Requesting for sexual favour as per Section 354-A(1)(ii)

  2. Sexual harassment as per Section 354(1)(i)

  3. Outraging of modesty as per Section 354

  4. Attempt to rape as per Section 370(A)


Correct Option: B
Explanation:

A man doing physical contact and advances involving unwelcome and explicit sexual overtures shall be liable to be punished under Section 354 (1)(i) of the Indian Penal Code.

Directions: Read the following statements and give the correct explanation with the help of the codes given below.

Assertion (A): A legal right involves freedom from penalty. Reason (R): A legal right is one which is either enforceable or recognised.

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

  4. (A) is incorrect because (R) fixes liability when not enforceable or derecognised.


Correct Option: B
Explanation:

A legal right given to the person giving official right is not to be subjected to any cruel and unusual treatment or a punishment. A legal right is enforceable, same as the fundamental rights under the Constitution of India.

The maxim ‘ream linguam non facit nisi mens rea’ was propounded by

  1. Coke

  2. Lord Kenyon

  3. Augustine

  4. Lord Arbinger


Correct Option: C
Explanation:

The maxim ‘ream linguam non facit nisi mens rea’ was propounded by Augustine. It means that the intent and act must both concur to constitute the crime.

Who among the following moved a resolution in the Central Legislative Assembly recommending that the Government should introduce a legislation for registration and protection of Trade Union in the year 1921?

  1. B. P. Wadia

  2. M. N. Joshi

  3. N. M. Lokhanddey

  4. V. V. Giri


Correct Option: B
Explanation:

M. N. Joshi moved a resolution in the Central Legislative Assembly recommending that the Government should introduce a legislation for registration and protection of Trade Union in the year 1921.

According to Explanation 2 to Section 25 of the Indian Contract Act, which of the following statements are correct?

i. An agreement to which the consent of the promisor is not freely given is valid because consideration is adequate. ii. An agreement to which the consent of promisor is freely given is valid even if consideration is inadequate. iii. Consideration must be legal. iv. Consideration can be illegal.

  1. i and ii

  2. ii and iii

  3. iii and iv

  4. i and iv


Correct Option: B
Explanation:

According to Explanation 2 to Section 25 of the Indian Contract Act, an agreement to which the consent of the promisor is freely given is not void merely because the consideration is inadequate; but the inadequacy of the consideration may be taken into account by the Court in determining the question whether the consent of the promisor was freely given. 

In which of the following cases can a child not be a ‘Hindu’ under the Hindu Marriage Act, 1955?

I. Only one parent is a Hindu and the child was brought up as a Hindu. II. If after the birth of a child, both the parents convert to Buddhism. III. Only one parent is a Jain and the child was not brought up as a Jain. IV. If after the birth of a child, both the parents convert to Muslim religion and in the exercise of parental right, the child is also converted to Muslim religion.

  1. I, II and IV

  2. III and IV

  3. II and I

  4. I, II and III


Correct Option: B
Explanation:

III and IV are the cases in which a child could not be a ‘Hindu’ under the Hindu Marriage Act, 1955.

Using the codes given below, indicate the chronological sequence in which the following judgements were delivered by the International Court of Justice:

  1. Right of passage over Indian Territory case
  2. South-West Africa case
  3. Frontier Dispute
  4. Temple of Preah Vihear
  1. 1, 2, 3, 4

  2. 2, 4, 1, 3

  3. 1, 4, 2, 3

  4. 3, 2, 4, 1


Correct Option: C
Explanation:

Right of passage over Indian Territory case, 1960 Temple of Preah Vihear, 1962 South-West Africa case, 1966 Frontier Dispute, 1986

Fill in the blank with an appropriate option.

Disobedience of law is not ordinarily a crime unless that act is declared as a crime by some ______.

  1. law

  2. method

  3. society

  4. All of the above


Correct Option: A
Explanation:

Disobedience of law is not ordinarily a crime unless that act is declared as a crime by some law.

“Works Committee under the Industrial Disputes Act should be substituted by an ‘Industrial Relations Committee’ to promote in-house dispute settlement.” This recommendation was made by

  1. Royal Commission on Labour

  2. National Commission on Labour, 1969

  3. National Commission on Labour, 2002

  4. National Commission for Enterprises in the Unorganised Sector


Correct Option: C
Explanation:

This recommendation was made by National Commission on Labour, 2002.

Match List – I with List – II and choose the correct option by using the codes given below.

 
List – I
(Provisions under Statute of International Court of Justice) List – II
(Related Articles)
1. Binding force of decrees of International Court of Justice a. Article 65
2. Methods of conferring jurisdiction upon the court b. Article 62
3. Advisory jurisdiction of the court c. Article 59
4. Court's power to allow a state to intervene in case to which it is not a party d. Article 36
  1. a – 3, b – 4, c – 1, d – 2

  2. a – 2, b – 3, c – 4, d – 1

  3. a – 4, b – 2, c – 3, d – 1

  4. a – 1, b – 2, c – 3, d – 4


Correct Option: A
Explanation:

a – 3, b – 4, c – 1, d – 2

Where a law promulgated after the contract is made makes the performance of the agreement impossible, the agreement becomes

  1. voidable

  2. valid

  3. void

  4. absolutely binding


Correct Option: C
Explanation:

Where a law promulgated after the contract is made makes the performance of the agreement impossible, the agreement becomes void.

Who is a protected workman under the Industrial Disputes Act? Answer using the codes given below.

  1. A workman who is a member of a registered Trade Union
  2. Recognised by the Registrar of the Trade Union as protected workman
  3. A workman who is a member of the Executive or other office bearer of a registered Trade Union connected with the establishment
  4. Recognised as protected workman under the rules applicable to the establishment
  1. 1 and 2

  2. 2 and 4

  3. 3 and 4

  4. 1 and 3


Correct Option: C
Explanation:

A workman who is a member of the Executive or other office bearer of a registered Trade Union connected with the establishment and recognised as protected workman under the rules applicable to the establishment is protected workman under the Industrial Disputes Act.

Directions: Read the following statements and give the correct explanation with the help of the codes given below.

Assertion (A): Agreement is void when both parties are under mistake as to the matter of law. Reason (R): Parties entering into a contract are legally obliged to know the law relating to the contract.

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

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

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

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


Correct Option: D
Explanation:

Section 21 says that a contract is not voidable if it was caused by mistake as to law in India. However, mistake as to law outside India has the same effect as mistake of fact. Parties entering into a contract are not legally obliged to know the law relating to the contract.  

Match List – I with List – II and choose the correct option using the codes given below.

 
List – I List – II
i. Damages arising in the usual course of things a. Ghaziabad Dev. Authority Vs. Union of India
ii. Compensation for mental anguish b. Hadley Vs. Baxendale
iii. Measure of damages c. M/s. Ganga Maruthi Vs. Nagaraj
iv. Compensation for breach of contract where penalty is stipulated for d. Jamal Vs. Moolla Dawood
  1. i – b, ii – a, iii – d, iv – c

  2. i – a, ii – b, iii – d, iv – c

  3. i – b, ii – a, iii – c, iv – d

  4. i – d, ii – c, iii – a, iv – b


Correct Option: A
Explanation:

i – b, ii – a, iii – d, iv – c

The Indian Penal Code prohibits fixing of liability on a person so long he is authorised or gives assent to it. But there is an exceptional situation arising out of

  1. libel

  2. public nuisance

  3. contempt of court

  4. All of the above


Correct Option: D
Explanation:

The Indian Penal Code prohibits fixing of liability on a person so long he is authorised or gives assent to it. But there is an exceptional situation arising out of libel, public nuisance and contempt of court.

Directions: Read the following statements and give the correct explanation with the help of the codes given below.

Assertion (A): The conciliation officer has no power under the Industrial Disputes Act when neither industrial disputes exist nor are apprehended. Reason (R): Conciliation officer only investigates the industrial disputes which exist or are apprehended.

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

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

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

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


Correct Option: B
Explanation:

Both the statements are correct. The conciliation officer has no power under the Industrial Disputes Act when neither industrial disputes exist nor are apprehended. Conciliation officer only investigates the industrial disputes which exist or are apprehended. 

Match the List – I (Name of Case) with List – II (Name of Court) and choose the correct option using the codes given below.

 
List – I List – II
1. Municipal Corporation Vs. Subhagwanti i. High Court of Madhya Pradesh
2. Roop Lal Vs. Union of India ii. High Court of Jammu and Kashmir
3. State Vs. Chironji Lal iii. High Court of Calcutta
4. Rural Transport Service Vs. Bezlum Bibi iv. Supreme Court
  1. 1 – iv, 2 – ii, 3 – i, 4 – iii

  2. 1 – ii, 2 – i, 3 – iv, 4 – iii

  3. 1 – iii, 2 – iv, 3 – ii, 4 – i

  4. 1 – iv, 2 – i, 3 – iii, 4 – ii


Correct Option: A
Explanation:

1 – iv, 2 – ii, 3 – i, 4 – iii

The power of the Government to refer a dispute under the Industrial Disputes Act is

  1. mandatory

  2. discretionary

  3. recommendatory

  4. either mandatory or discretionary


Correct Option: B
Explanation:

The power of the Government to refer a dispute under the Industrial Disputes Act is discretionary.

Failure of the conciliation proceedings under the Industrial Disputes Act leads to referral of the matter to adjudication by

  1. the conciliation officer

  2. the employer as well as the employee

  3. the employer

  4. the appropriate government


Correct Option: D
Explanation:

Failure of the conciliation proceedings under the Industrial Disputes Act leads to referral of the matter to adjudication by the appropriate government.

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