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UGC Entrance (Law)

Description: UGC Law Entrance
Number of Questions: 15
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Tags: UGC Law Entrance Law Family Law Law of Contracts-General Principles Law of Crimes-General Principles
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A decree of divorce passed on the grounds of missing of husband shall not take effect for a period of

  1. 6 months from the date of such a decree

  2. 1 year from the date of such a decree

  3. 2 years from the date of such a decree

  4. 3 years from the date of such a decree

  5. 5 years from the date of such a decree


Correct Option: A
Explanation:

A decree of divorce passed under the Dissolution of Muslim Marriage Act shall not take effect for a period of six months from the date of such a decree and if the husband appears and is ready to perform his marital obligations, then the court shall set aside the decree.

Section 125 of the CrPC provides that if any person having sufficient means neglects or refuses to maintain his wife, unable to maintain herself, the court may order such person to a monthly allowance for the maintenance of his wife. The term 'wife' includes a woman who has

  1. been divorced by or has obtained divorce from her husband and has not remarried

  2. been divorced by or has obtained divorce from her husband and has or has not remarried

  3. or has not obtained divorce from her husband

  4. not obtained divorce from her husband

  5. None of these


Correct Option: A
Explanation:

The Code of Criminal Procedure provides provisions related to maintenance under Section 125. In this section, a wife can also claim maintenance from her husband, provided the woman should have been divorced or obtained divorce from her husband and should have not remarried.

The rule of sub judice implies that

  1. where the same subject matter is pending in a court of law for adjudication between the same parties, the other court is barred to entertain the case so long as the first suit goes on

  2. where the same subject matter is pending in a court of law for adjudication between the different parties, the other court is barred to entertain the case so long as the first suit goes on

  3. where the different subject matter is pending in a court of law for adjudication between the same parties, the other court is barred to entertain the case so long as the first suit goes on

  4. All of the above

  5. None of these


Correct Option: A
Explanation:

The rule of res sub judice under Section 10 of the Code of Civil Procedure provides that no court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituting suit between the same parties, where such suit is pending in the same or any other court in India.

A agrees to sell to B 'his white horse for Rs. 100 or Rs. 200'. It is

  1. a valid offer

  2. not a valid offer

  3. an uncertain offer

  4. Both (2) and (3)

  5. None of these


Correct Option: D
Explanation:

Due to uncertain language of an agreement, it is said to be an uncertain offer and an uncertain offer can never be a valid offer.

According to the Hindu Adoption and Maintenance Act, 1956, which of the following is incorrect?

  1. Maintenance is a legal obligation.

  2. Maintenance is a personal obligation.

  3. A Hindu wife shall be entitled to be maintained by her husband during her lifetime.

  4. A husband’s obligation to maintain his wife is coextensive with property.

  5. None of these


Correct Option: D
Explanation:

A husband’s obligation to maintain his wife is irrespective of the property. It is his personal obligation. A wife is legally entitled to claim maintenance from her husband and the husband is bound to maintain his wife.

Section 10 of the Contract Act renders some important ingredients of a contract. Which of the following is incorrect according to the Act?

  1. Free consent

  2. Parties must be competent to contract.

  3. Consideration

  4. Lawful object

  5. Terms of the agreement must not be vague or uncertain.


Correct Option: E
Explanation:

Section 10 defines what agreements are contracts. There are five essentials for a valid contract and those are free consent, competency of parties, lawful consideration, lawful object and not declared to be void. 'Terms of the agreement must not be vague or uncertain' is no such requirement.

Past consideration means

  1. money received in the past without even making a proposal

  2. the price that is more than the promisor’s expectation

  3. the price paid or service rendered at the desire or request of the promisor, followed by a subsequent promise

  4. consideration and promise take place simultaneously

  5. None of these


Correct Option: C
Explanation:

Consideration is a price for a promise and it is usually given in response to and as an inducement for the promise.

A breach of contract occurs when

  1. a party renounces his liability under the contract

  2. a party by his own act makes it impossible that he should perform his obligations under the contract

  3. a party totally or partially fails to perform his part of the contract

  4. All of the above

  5. None of these


Correct Option: D
Explanation:

A contract is said to be broken if a party to it refuses to perform it or when a party to a contract disables himself from performing his promise or fails to perform his part of contract either totally or partially.

According to the Dissolution of Muslim Marriage Act, 1939, which of the following pairs is incorrectly matched?

  1. Section 2(i) - Missing of husband

  2. Section 2(ii) - Failure to provide for wife’s maintenance for two years

  3. Section 2 (iii) - Imprisonment of husband

  4. Section 2 (v) - Impotency of husband

  5. Sec 2 (vi) - Insanity


Correct Option: D
Explanation:

Section 2(v) provides grounds of divorce to a woman married under the Muslim Law where the husband was impotent at the time of the marriage and continues to be so.

Which of the following statements is/are incorrect?

  1. Section 112 of Indian Evidence Act, which lays down the rules of presumption of legitimacy, is applicable to Muslims.

  2. Section 112 of Indian Evidence Act, which lays down the rules of presumption of legitimacy, supersedes the rules of presumption of the Muslim law.

  3. Section 112 of Indian Evidence Act applies to an irregular Muslim marriage.

  4. Both (2) and (3)

  5. None of these


Correct Option: C
Explanation:

Section 112 of Indian Evidence Act applies to only valid marriages, not to irregular or void marriages.

'Reference' under section 113 of the Code of Civil Procedure implies that the subordinate court refers the case to the High Court for the latter’s opinion on a

  1. question of law

  2. question of evidence

  3. question of fact

  4. question of court procedure

  5. None of these


Correct Option: A
Explanation:

Under section 113 of Code of Civil Procedure, any court may state a case and refer the same for the opinion of the High Court, where the court, before which a case is pending, is satisfied that a case pending before it involves a question as to validity of any act.

The court frames the issues on the basis of

  1. allegations made on oath by the parties or their pleaders

  2. allegations made in the pleadings

  3. allegations made in answer to interrogatories

  4. All of the above

  5. None of the above


Correct Option: D
Explanation:

All of the above are valid points from which the court may frame issues. All are valid points from which the court may frame issues.

Any amount that the court will order to pay as compensatory cost in respect of false or vexatious claims or defences, shall not exceed the amount of

  1. two thousand rupees or the amount within its pecuniary jurisdiction, whichever is less

  2. three thousand rupees or the amount within its pecuniary jurisdiction, whichever is less

  3. four thousand rupees or the amount within its pecuniary jurisdiction, whichever is less

  4. five thousand rupees or the amount within its pecuniary jurisdiction, whichever is less

  5. ten thousand rupees or the amount within its pecuniary jurisdiction whichever is less


Correct Option: B
Explanation:

The maximum amount that can be awarded by the court is Rs. 3000.

Who shall bear the expenses for the summoning of a witness?

  1. The plaintiff

  2. The defendant

  3. The party applying for the summons

  4. The court

  5. The witness himself


Correct Option: C
Explanation:

The party applying for summons for calling the witness shall bear the expenses to be paid in the court and to the witness for procuring his attendance.

Which of the following is not a sufficient cause for granting adjournment?

  1. Sickness of a party, his witness or his counsel

  2. Non-service of summons

  3. Reasonable time for preparation of a case

  4. Non-examination of a witness present in the court

  5. None of these


Correct Option: D
Explanation:

If a witness present in the court has not examined, the court cannot adjourn the hearing and will hear both the parties and their witnesses.

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