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UGC/NET (Law)

Description: UGC Law Aptitude
Number of Questions: 15
Created by:
Tags: UGC Law Aptitude Laws of Torts Law of Crimes-General Principles Law of Contracts-General Principles Family Law
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A and B, who are cadets in the Indian Air Force, take out an aircraft from the Jodhpur aerodrome without the authority of the commandant and fly it away to Pakistan.

Which of the following offences has/have been committed by them?

  1. Theft

  2. Criminal breach of trust

  3. Criminal misappropriation

  4. Sedition

  5. Both (1) and (4)


Correct Option: A
Explanation:

The act of A and B, who are cadets, has completed the components of Section 378 under Indian Penal Code. As and when the cadets take out the aircraft without the consent of authorities and fly away to Pakistan, offence of theft has been committed.

Mark the correct statements.

I. To prevent false accusation against innocent persons, an action for malicious prosecution is permitted. II. One who files an action for malicious prosecution must prove that he is innocent. III. One who files an action for malicious prosecution must prove that the defendant acted maliciously in prosecuting him. IV. One who files an action for malicious prosecution must prove that the defendant had his own vested interests in prosecuting him. V. In a claim for malicious prosecution, the plaintiff can claim damages to his person, property or reputation.

  1. I, III and V

  2. I, III, IV and V

  3. I, II and V

  4. I, II, III and V

  5. I, II, III, IV and V


Correct Option: A
Explanation:

Malicious prosecution is an abuse of the process of the court by wrongfully setting the law in motion on a criminal charge. To prevent false accusation against innocent persons, an action for malicious prosecution is permitted and the person who files an act lies with the burden to prove the existence of malice with defendant. 

In which of the following cases will the 'doctrine of holding out' apply?

  1. Retiring partner

  2. Expelled partner

  3. Active partner

  4. Both (1) and (2)

  5. None of these


Correct Option: A
Explanation:

Doctrine of holding out u/s 28 means where a person who is not a partner in a firm may under certain circumstances be liable for the debts as if he were a partner. 

Which section of the Partnership Act lays down that where, by the wrongful act or omission of a partner acting in the ordinary course of the business of a firm, loss or injury is caused to any third party, the firm is liable to the same extent as the partner?

  1. Section 20

  2. Section 24

  3. Section 26

  4. Section 27

  5. Section 30


Correct Option: C
Explanation:

Section 26 of the Indian Partnership Act provides liability of the firm for the wrongful acts of the partner.

‘A’ in his madness attempts to kill ‘B’. ‘B’ hits ‘A’ with an iron rod, seriously injuring him. Does B have a right of private defence?

  1. ‘B’ has no right of private defence since ‘A’ is mad.

  2. ‘B’ has right of private defence though ‘A’ is mad.

  3. ‘B’ is guilty of inflicting grievous hurt on ‘A’.

  4. Both (1) and (3)

  5. ‘A’ has a right of private defence since he is mad.


Correct Option: B
Explanation:

Under Indian Penal Code, every person has a right of private defence in case of his body and property. 

A, a traveller, found a ring in the lounge at the Delhi Airport. He handed over the ring to an employee of the airlines with a direction that it should be returned to him if a real owner cannot claim it. The owner didn’t claim the ring, still the airlines didn’t return it to A and sold it and kept the proceeds. A sued for conversion. Will he succeed?

  1. A is to be awarded the value of the ring as damages.

  2. A is not to be awarded the value of the ring as damages as A is a finder of goods only.

  3. A is liable for conversion.

  4. A can claim conversion or damages of the value of the ring.

  5. None of these


Correct Option: A
Explanation:

 A is not the owner of the goods and is the finder of goods only, so he has a right to be awarded the value of the ring as damages, but he cannot claim conversion of the ring.

A salaried partner

  1. is not a partner

  2. is a partner

  3. could be a partner, depending upon the real relation between the partners

  4. is a partner recognised only in the English law

  5. None of these


Correct Option: C
Explanation:

A salaried partner could be a partner, depending upon the real relation between the partners.

Mark the incorrect statement.

  1. A partner can always enter into partnership on behalf of the firm.

  2. A partner can acquire immovable property on firm’s behalf.

  3. A partner can transfer immovable property on firm’s behalf.

  4. A partner can admit any liability in a suit or proceeding against the firm.

  5. None of these


Correct Option: E
Explanation:

All the authorities mentioned above fall under the implied authority of a partner. In other words, it can be said that a partner has an authority to act on behalf of the firm.

When a party sues for damages that cannot be assessed by the court, the court may award

  1. actual damages

  2. liquidated damages

  3. exemplary damages

  4. nominal damages

  5. None of these


Correct Option: D
Explanation:

The purpose of damages is to restore an injured party to the stage the party was in before harmed. Nominal damages are very small damages where there is no substantial loss to be compensated, but the law recognises an evasion of plaintiff’s right and defendant’s duty.

The marriage of ‘A’ and ‘B’ was performed in accordance with the requisite ceremonies and ‘C’, a son, was born out of the marriage. Thereafter, ‘B’ obtained a decree of annulment of marriage u/s 12 on the ground that her consent to the marriage was obtained by A’s fraud.

Give correct assertion to the facts.

  1. ‘C’ will not be deemed to be the legitimate child of ‘A’ and ‘B’.

  2. ‘C’ will be deemed to be the legitimate child of ‘A’ and ‘B’, but will not have a right to inherit property from 'A' and 'B'.

  3. ‘C’ will be deemed to be the legitimate child of ‘A’ and ‘B’ and will have a right to inherit from both ‘A’ and ‘B’.

  4. ‘C’ will be deemed to be the legitimate child of ‘A’ and ‘B’, but will inherit only from ‘A’.

  5. ‘C’ will be deemed to be the legitimate child of ‘A’ and ‘B’, but will inherit only from ‘B’.


Correct Option: D
Explanation:

'A', the legitimate child, has a right to inherit the property from his father and mother. So, in the above case, 'C' will not inherit only from 'A', but from 'B' also.

Which of the following statements is correct?

  1. Right of private defence is available only to adults.

  2. Right of private defence is available only to those who are capable of lawfully committing crime.

  3. Right of private defence is available only to the public servants.

  4. Right of private defence is available to all, irrespective of age and capacity.

  5. None of these


Correct Option: D
Explanation:

Under Indian Penal Code, right of private defence is available to every person, irrespective of age and capacity as provided under Section 96.

A person who is not a partner in any firm may under certain circumstances be liable for the debts as if he were a partner on the basis of the ‘doctrine of estoppel’ or ‘holding out’. Under which section of the Partnership Act is this laid down?

  1. Section 26

  2. Section 27

  3. Section 28

  4. Section 29

  5. None of these


Correct Option: C
Explanation:

Doctrine of holding out or doctrine of estoppel is laid down under Section 28 of the Partnership Act.

Which of the following falls into the category of an offer?

  1. Newspaper advertisement regarding a sale

  2. Display of goods by a shopkeeper in his window with prices marked on them

  3. An advertisement for a concert

  4. Announcement of reward to the public

  5. None of these


Correct Option: D
Explanation:

Announcement of reward to the public is an offer to the person in whose favour the award has been announced.

The parents of ‘A’ (husband) and ‘B’ (wife) agreed together that each would pay ‘A’ a sum of money after the marriage. B’s father failed to do so and ‘A’ sued his executors.

Will A succeed?

  1. ‘A’ will not succeed on account of the ‘privity of consideration’ under the English law.

  2. ‘A’ will not succeed under the Indian law also.

  3. ‘A’ will succeed under the Indian law.

  4. Both (1) and (3) are correct.

  5. Both (1) and (3) are incorrect.


Correct Option: D
Explanation:

Under Indian law, doctrine of “privity of consideration” means that only a person who has provided consideration can enforce a promise. Privity of consideration is not recognised under the English law.

If a person with an objective to insult the modesty of a woman exposes private parts of his body to her or uses obscene words or exhibits obscene drawings, he commits an offence under which of the following sections?

  1. Section 505

  2. Section 503

  3. Section 508

  4. Section 509

  5. Section 511


Correct Option: D
Explanation:

Whosoever intending to insult the modesty of a woman exposes private parts of his body to her or exhibits obscene drawings or utters any word is said to commit an offence under Section 509 of Indian Penal Code, 1860.

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