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UGC/NET (law)

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A boy commits an offence of rape if he does sexual intercourse with a girl

  1. against her will

  2. without her consent

  3. with or without her consent if she is under sixteen years of age

  4. Either 1 or 2

  5. 1, 2 and 3


Correct Option: D
Explanation:

Indian Penal Code u/s 375 defines rape as when a person commits sexual intercourse with a woman against her will or without her consent and consent is immaterial if she is under sixteen years of age. Indian Penal Code u/s 375 defines rape as when a person commits sexual intercourse with a woman against her will or without her consent and consent is immaterial if she is under sixteen years of age.

Whosoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person is said to do that thing

  1. unlawfully

  2. lawfully

  3. dishonestly

  4. knowingly

  5. None of these


Correct Option: C
Explanation:

Causing wrongful gain to one person or wrongful loss to another person is said to be done dishonestly.

Can commutation of death sentence under Indian Penal Code be made without the consent of the offender?

  1. Yes

  2. No

  3. It depends on the discretion of court.

  4. If high court thinks fit, then it can be commuted without the consent of the offender.

  5. With the consent of central government.


Correct Option: A
Explanation:

For the commutation of death sentence, consent of the offender is not required under Indian Penal Code

Whosoever with intent to cause wrongful loss or damage to the public causes destruction of any property or diminishes its value commits

  1. theft

  2. robbery

  3. extortion

  4. mischief

  5. None of these


Correct Option: D
Explanation:

A person eho has an intention to cause wrongful loss or damage to the public or to any person causes destruction of any property, which diminishes its value is said to have committed an offence of mischief.

A state shall endeavour to secure for the citizens a uniform civil code throughout the territory of India under

  1. Article 40

  2. Article 41

  3. Article 42

  4. Article 44

  5. Article 43


Correct Option: D
Explanation:

Article 44 of the Indian Constitution provides that the state shall endeavour to secure a uniform civil code for the citizen throughout the territory of India.

Irretrievable breakdown theory has been laid down under section

  1. 13 of Hindu Marriage Act

  2. 13B of Hindu Marriage Act

  3. 13 of Hindu Succession Act

  4. 13 (1A) of Hindu Marriage Act

  5. None of these


Correct Option: D
Explanation:

Section 13(1 A) of Hindu Marriage Act lays provisions for irretrievable break down theory that is marriage needs to an end and nobody is in fault.

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

  1. full blood

  2. uterine blood

  3. half blood

  4. either half blood or uterine blood

  5. None of these


Correct Option: B
Explanation:

Two persons are said to be related to each other by uterine blood when they are descendants of a common ancestress but by different husbands.

Anita marries Aman on September 1, 2009. Both are sapindas to each other. Only Aman’s custom allows marriage between two sapindas.

Which of the following is correct?

  1. The marriage is void abinitio.

  2. The marriage is valid under Hindu Marriage act.

  3. The marriage is valid under Special Marriage Act, but not under Hindu Marriage Act.

  4. The marriage is voidable at the option of Anita.

  5. None of these


Correct Option: A
Explanation:

As per section 5 of Hindu marriage Act 1955, the marriage between two sapindas is possible if custom or usage of each of them permits a marriage between two.

Under Hindu Marriage Act, which of the following is not a condition for a Hindu Marriage?

  1. Parties must not have a spouse living at the time of marriage.

  2. Parties should not be within the degrees of prohibited relationship, unless the custom or usage governing each of them permits a marriage between the two.

  3. Bridegroom must have completed the age of twenty one years and the bride must be of eighteen years at the time of marriage.

  4. Party must not be incapable of giving a valid consent due to unsoundness of mind.

  5. None of these


Correct Option: E
Explanation:

All of the conditions mentioned above are required for a valid marriage under the Hindu Marriage Act.

Under section 498A, cruelty means

  1. mental and physical cruelty

  2. mental torture only

  3. demand of dowry only

  4. physical torture only

  5. mental and physical torture and demand of dowry


Correct Option: D
Explanation:

Cruelty under section 498 A means any wilfull conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether material or physical) of the woman and harassment of the woman to coercing her to meet any unlawful demand for any property. It includes mental torture, physical torture and demand of dowry.

Which of the following is an implied authority of a partner under the Indian Partnership Act?

  1. A partner can withdraw a suit or proceeding filed on behalf of a firm.

  2. A partner can enter into partnership on behalf of a firm.

  3. A partner can open a bank account on behalf of a firm in his own name.

  4. A partner can transfer immovable property belonging to the firm.

  5. None of these


Correct Option: E
Explanation:

All the four acts of a partner require an expressed authority under partnership firm.

Right to property under Indian Constitution is a

  1. fundamental right under part III of the constitution

  2. legal right under sec 300A of the constitution

  3. fundamental right and legal right

  4. neither fundamental right nor legal right

  5. moral right


Correct Option: B
Explanation:

44th constitutional amendment in 1978 made right to property a legal or constitutional right and ceases to be a fundamental right.

Which section of Hindu Marriage Act provides that if cohabitation between parties to marriage after the passing of a decree of restitution of conjugal rights is not resumed, then a petition for the dissolution of marriage by a decree of divorce may be presented?

  1. Section 12

  2. Section 13(1) A

  3. Section 13B

  4. Section 13(2)

  5. Section 11


Correct Option: B
Explanation:

Section 13 (1) A of Hindu Marriage Act 1955 provides that if cohabitation between the parties to the marriage after the passing of a decree of restitution of conjugal rights is not resumed then a petition for the dissolution of marriage by a decree of divorce may be presented by either party.

Under which of the following grounds can a Muslim wife not sue for divorce under the Dissolution of Muslim Marriage Act 1939?

  1. The husband has not been known for a period of four years.

  2. The husband has failed to provide her maintenance for a period of two years.

  3. The husband was impotent since the time of marriage.

  4. The husband has been insane for a period of one year.

  5. All of the above


Correct Option: D
Explanation:

Under section 2(vi) of the Dissolution of Muslim Marriage Act, 1939, a woman married under Muslim law may sue for divorce if the husband has been insane for a period of two years.

Under the Partnership Act 1932, which of the following is not true regarding the theory of facet relocation?

  1. Change occurs in the constitution of the firm

  2. Continues to carry on business after the expiry of fixed term

  3. Carries out more undertakings

  4. Admits any liability in a suit against the firm

  5. None of these


Correct Option: D
Explanation:

A partner in a partnership firm cannot admit any liability in a suit against firm without an expressed authority. Here it doesn’t fall under the concept of facet relocation.

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