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Law UGC NTA NET JRF Previous Year Papers December 2014 PAPER-III

Law UGC NTA NET JRF Previous Year Papers December 2014 PAPER-III

1. 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.
Codes:
A. (A) and (R) are right and (R) is right reason for (A).
B. (A) is right, but (R) is wrong.
C. (A) is wrong, but (R) is right.
D. Both (A) and (R) are wrong.
ANS: D

2. 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’.
A. (i), (ii) and (iii) B. (ii) and (iii)
C. (ii), (iii) and (iv) D. (ii) and (iv)
ANS: B

3. Article 51 A of the Constitution of India is confined to
A. All citizens of India
B. All persons of India
C. All Non-Residents of India
D. All students of India
ANS: A

4. Read Assertion (A) and Reason (R) and answer using codes given below:
Assertion (A) : Code of conduct has statutory force.
Reason (R) : Because Article 102 of the Constitution says so.
Codes:
A. (A) and (R) are right and (R) is right reason for (A).
B. Both (A) and (R) are wrong.
C. (A) is right, but (R) is wrong.
D. (R) is right, but (A) is wrong.
ANS: B

5. 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 in Annamalai University
vs. Secretary of Inf. and Tourism Department decided so.
Codes:
A. (A) and (R) are right and (R) is right reason for (A).
B. (A) is right, but (R) is wrong.
C. (A) is wrong, but (R) is right.
D. Both (A) and (R) are wrong.
ANS: D

6. If the Government is defeated on the floor of Rajya Sabha, what is the consequence?
A. Parliament is dissolved.
B. Prime Minister has to submit his resignation.
C. President’s rule is imposed immediately.
D. Nothing happens.
ANS: D

7. 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.

Codes :
A. Both (A) and (R) are wrong.
B. Both (A) and (R) are right, but (R) is not right reason for (A).
C. (A) is right and (R) is wrong.
D. (A) is wrong and (R) is right.
ANS: A

8. Using codes given below, find out correct answers:
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.

Codes :
A. Only (i) and (ii) are correct.
B. Only (ii) is correct.
C. Only (iii) is correct.
D. (i), (ii), (iii) and (iv) are correct.
ANS: C

9. Match List-I with List-II using codes given below :
List-I
(i) There is no rigid formula for principles of natural justice.
(ii) Choice of application of rules of natural justice.
(iii) Justice should not only be done, but manifestly and undoubtedly be seen to be done.
(iv) Meaning of bias List-II
(a) R.S. Dass vs. Union of India
(b) R. vs. Sussex Justices
(c) Union of India vs. P.K. Roy
(d) Secy. to Govt. Transport Dept. vs. Munuswamy
Codes :
(i) (ii) (iii) (iv)
A. (b) (d) (a) (c)
B. (c) (a) (d) (b)
C. (a) (c) (b) (d)
D. (c) (a) (b) (d)
ANS: D

10. Read Assertion (A) and Reason (R) and find out correct answer using 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.

Codes :
A. (A) and (R) are true and (R) is correct explanation of (A).
B. (A) and (R) are true, but (R) is not correct explanation of (A).
C. (A) is true and (R) is false.
D. (A) is false and (R) is true.
ANS: A

11. Which of the following statement is correct?
A. Gullappalli Nageswara Rao vs. State of AP, is about bias.
B. K.L. Tripathi vs. State Bank of India, is about right of cross examination.
C. General Medical Council vs. Speakmen, is about irrelevance of principles of natural justice; if in reaching a decision, the principles make no difference.
D. N. Kalindi vs. Tata Locomotives, is about the right of representation by a lawyer being considered to be a part of natural justice and it can be claimed as of right.
ANS: B

12. Which one of the following is the correct statement?
A. While certiorari can be issued against judicial or quasi-judicial authorities, mandamus can be issued against administrative authorities also.
B. 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.
C. Certiorari can be issued against a quasijudicial authority to prevent it from exercising jurisdiction not vested in it.
Mandamus cannot be issued for that purpose.
D. Certiorari cannot be issued against usurping a public officer, but Mandamus can be issued for that purpose.
ANS: A

13. Abuse of discretion can be inferred from the following circumstances. Find out the answer from the codes given below:
(i) Non-application of mind.
(ii) Colourable exercise of power.
(iii) Non-observance of audi alteram partem.
(iv) Irrelevant considerations.

Codes :
A. Only (i) is correct.
B. Only (i) and (ii) are correct.
C. Only (ii) and (iii) are correct.
D. Only (ii), (iii) and (iv) are correct.
ANS: D

14. What was the principle laid down by the Supreme Court in A.K. Kraipak vs. Union of India? Find correct answer from the following statements:
A. Rule of law is embedded in Article 14 of the Constitution of India.
B. Judicial review is a part of basic structure of the Constitution.
C. Principles of natural justice are applicable to administrative proceedings.
D. Post-decisional hearing would be sufficient for the observance of principles of natural justice.
ANS: C

15. Find correct answer from the following statement:
A. A quasi-judicial body may never review its own decision unless authorised by the statute.
B. A quasi-judicial body may review its own decision if there is grave error of law in it.
C. A quasi-judicial body may review its own decision if there is violation of natural justice.
D. All tribunals may review their decisions.
ANS: A

16. Select the correct answer using the code given below on the following decided cases about possession:
1. Cartwright vs. Green
2. R. vs. Hudson
3. Daimler Co. vs. Continental Tyre and Rubber Co.
Codes:
A. 3 only B. 2 and 3
C. 1 and 3 D. 1 and 2
ANS: D

17. Austin described ownership as a right over determinate thing with reference to one of the following. Specify the correct answer.
A. Restricted in point of disposition
B. Indefinite in point of user
C. Unlimited in point of duration
D. Unlimited in point of space
ANS: B

18. 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 Statement given above is/are correct?
A. 1 only B. 2 only
C. Both 1 and 2 D. Neither 1 nor 2
ANS: A

19. 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 school propounds this doctrine?
A. Analytical jurisprudence
B. Historical jurisprudence
C. Sociological jurisprudence
D. Philosophical jurisprudence
ANS: A

20. In which one 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?
A. Mamleshwar vs. Kanahaiya Lal
B. Bengal Immunity Company Ltd. vs. State of Bihar
C. State of West Bengal vs. Corporation of Calcutta
D. K.C. Dora vs. G Annamanaidu
ANS: B

21. Who among the following divided the sources of Law into formal sources and material sources?
A. Gray B. Keaton
C. Allen D. Salmond
ANS: D

22. According to Professor Goodhart a ratio decidendi of a case is
A. the principle of law laid down in a decision which is the decisive element
B. the conclusion reached by the judge on the basis of the material facts of the case
C. the reason given by the court for its decision
D. any opinion of the court on a question of law
ANS: B

23. Read Assertion (A) and Reason (R) and with the help of 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.
Codes:
A. Both (A) and (R) are true and (R) is the correct explanation of (A).
B. Both (A) and (R) are true, but (R) is not the correct explanation of (A).
C. (A) is correct, but (R) is false.
D. (A) is false, but (R) is true.
ANS: A

24. Read Assertion (A) and Reason (R) and with the help of 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.

Codes :
A. Both (A) and (R) are true, but (R) is not the correct explanation of (A).
B. Both (A) and (R) are true and (R) is the correct explanation of (A).
C. (A) is correct, but (R) is false.
D. (A) is false, but (R) is true.
ANS: B

25. Which of the mitigating factors do not justify the award of death penalty?
A. Where the murder has been previously planned.
B. Such murder involves exceptional depravity.
C. When such murder was against a public servant while on duty.
D. When the offence was committeed by the accused under the influence of extreme mental disturbance.
ANS: D

26. Read Assertion (A) and Reason (R) and with the help of 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.
Codes:
A. Both (A) and (R) are true and (R) is the correct explanation of (A).
B. Both (A) and (R) are true, but (R) is not the correct explanation of (A).
C. (A) is correct, but (R) is false.
D. (A) is false, but (R) is true.
ANS: A

27. Which of these facts do not constitute the degree of knowledge for holding a person to be criminally liable for adducing false evidence?
A. A statement known to be false.
B. A statement believed to be false.
C. A statement not believed to be true.
D. An offence committed but not affirmed.
ANS: D

28. 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 incourse 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 rapture in the spleen.”
A. Culpable homicide not amounting to murder
B. Grievous hurt
C. Homicide
D. Simple hurt
ANS: B

29. Which of the following properties could not be held to be an offence of theft, when committed/taken by a person?
A. Durga Idol
B. Cooking Gas
C. Running Electricity
D. Forgotten Umbrella
ANS: C

30. Read Assertion (A) and Reason (R) and using codes given below, answer:
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.
Codes:
A. Both (A) and (R) are right and (R) is correct reason for (A).
B. (A) is right, but (R) is wrong.
C. (A) is wrong, but (R) is right.
D. Both (A) and (R) are wrong.
ANS: B

31. The main objective of the Air (Prevention and Control of Pollution) Act is:
A. To provide for the prevention, control and abatement of air pollution.
B. To provide for ensuring standards for emission from automobiles.
C. To put restrictions on the establishment of certain industrial plants.
D. To establish air laboratory for air quality standards.
ANS: A

32. The definition of ‘environmental pollution’ under the Environment (Protection Act) is:
A. Any pollution of air, water and soil.
B. The presence of any solid, liquid or gaseous substance in the environment that causes injuries to man
C. The presence in the environment of any environmental pollutant
D. Any pollution in land, sea and air
ANS: C

33. 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.
Codes:
A. Both (A) and (R) are true and (R) is the correct explanation of (A).
B. Both (A) and (R) are true, but (R) is not the correct explanation of (A).
C. (A) is true, but (R) is false.
D. (A) is false, but (R) is true.
ANS: C

34. 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
Codes :
A. (i) and (ii) are correct
B. (ii) and (iii) are correct
C. Only (iv) is correct
D. (i), (ii) and (iv) are correct
ANS: D

35. 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. Use the code 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
Codes :
A. (iv), (iii), (i), (ii)
B. (iii), (ii), (iv), (i)
C. (iii), (i), (iv), (ii)
D. (i), (ii), (iii), (iv)
ANS: D

36. Match items in List-I with items in List-II using codes given below:
List-I
(i) Intergenerational Equity
(ii) Sustainable Development
(iii) Precautionary Principle
(iv) Polluter Pays Principle List-II
(a) Earth Summit, 1992, Principle 15
(b) Rio Declaration, 1992, Principle 16
(c) Stockholm Declaration 1972, Principles 1 & 2
(d) Rio Declaration, 1992, Principle 3
Codes :
(i) (ii) (iii) (iv)
A. (d) (c) (a) (b)
B. (a) (c) (b) (d)
C. (b) (d) (a) (c)
D. (c) (d) (a) (b)
ANS: D

37. For which special purpose a conditional permit for hunting any wild animal, cannot be granted under the Wild Life (Protection) Act?
A. Preparation of snake venom for manufacturing of life saving drugs.
B. Collection of specimen for zoos and museums.
C. Scientific research.
D. Research in traditional and established Universities.
ANS: D

38. Under whose specification the recycling of plastic is undertaken as per the Plastic Manufacture, Sales and Usage Rules, 1999?
A. Indian Standard Institution
B. Bureau of Indian Standards
C. Indian Standard Organisation
D. Indian Plastic Bureau
ANS: D

39. “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?
A. J.G. Starke
B. Charles G. Fenwick
C. Whiteman
D. Torsten Gihl
ANS: B

40. Match List-I with List-II and give the correct answer by using the codes given below:
List-I
(Name of Cases)
(i) Portugal vs. India
(ii) Burkina Faso vs. Mali
(iii) Spain vs. Canada
(iv) Columbia vs. Peru List-II (Popular Names)
(a) The Asylum Case
(b) Fisheries Jurisdiction Case
(c) Frontier Dispute Case
(d) Right of Passage over Indian Territory Case
Codes :
(i) (ii) (iii) (iv)
A. (a) (b) (c) (d)
B. (d) (c) (b) (a)
C. (b) (d) (a) (c)
D. (c) (a) (d) (b)
ANS: B

41. Match List-I with List-II and give the correct answer by using the codes given below:
List-I
(i) Recognition clothes the recognized State with rights and duties under International law.
(ii) Recognition is merely a formal acknowledgement through which established facts are accepted
(iii) State recognized possesses the essential elements of statehood and fit to be subject of International law.
(iv) Recognition is final and once granted cannot be withdrawn List-II
(a) De Facto Recognition
(b) Constitutive Theory of Recognition
(c) De-Jure Recognition
(d) Declaratory Theory of Recognition
Codes :
(i) (ii) (iii) (iv)
A. (b) (d) (a) (c)
B. (a) (b) (c) (d)
C. (c) (d) (b) (a)
D. (d) (c) (a) (b)
ANS: A

42. The Estrada Doctrine was propounded by
A. The Home Minister of Mexico
B. The Foreign Minister of Mexico
C. The External Secretary of U.S.A.
D. The Prime Minister of U.K.
ANS: B

43. Provision, “that the U.N.O. has no competence to intervene in matters which are essentially within the domestic jurisdiction of any State”, has been provided under which Article of U.N. Charter?
A. Article 1(7) B. Article 2(7)
C. Article 7(2) D. Article 98(7)
ANS: B

44. Match List-I with List-II and give the correct answer by using the codes given below:
List-I List-II
(Name of Cases) (Year of decision)
(i) Lether vs. Sagor (a) 1939
(ii) Bank of Ethiopia vs. National Bank of Egypt (b) 1942
(iii) Arantzazu Mendi Case (c) 1937
(iv) U.S. vs. Pink (d) 1921
Codes :
(i) (ii) (iii) (iv)
A. (a) (b) (c) (d)
B. (c) (d) (b) (a)
C. (b) (a) (d) (c)
D. (d) (c) (a) (b)
ANS: D

45. Give the chronological order of the following in which they came into existence:
1. Charter of United Nations.
2. Universal Declaration of Human Rights.
3. International Covenant on Civil and Political Rights.
4. International Covenant on Economic, Social and Cultural Rights.
Codes:
A. 1 3 2 4
B. 4 2 1 3
C. 1 2 4 3
D. 3 4 2 1
ANS: C

46. Propositions are:
(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.
In respect of the aforesaid propositions which is correct?
A. (i) and (iii) are correct, but (ii) is incorrect.
B. (ii) and (iii) are correct, but (i) is incorrect.
C. (i) and (iii) are incorrect, but (ii) is correct.
D. (i) and (ii) are incorrect, but (iii) is correct.
ANS: B

47. A per Section 5 of the Hindu Marriage Act, 1955 the essential conditions of a Hindu marriage are:
(i) Monogamy
(ii) Mental capacity
(iii) The bridegroom has completed the age of 21 years and the bride of 18 years
(iv) No prohibited degree and sapinda relationship unless saved by custom.

Codes :
A. (i), (ii) and (iv)
B. (ii), (iii) and (iv)
C. (i), (ii) and (iii)
D. (i), (ii), (iii) and (iv)
ANS: D

48. Section 9 of the Hindu Marriage Act, 1955 was held to be ‘intra-vires’ the Constitution by the Supreme Court in the case of
A. T. Sareetha vs. T.V. Subbhiah
B. Saroj Rani vs. Sudarshan
C. Harvinder Kaur vs. Harmandar Singh
D. Sarla Mudgil vs. Union of India
ANS: B

49. A Muslim has given Triple Talaaq to his wife and now wants to marry her again. He can do so
A. without any restriction
B. only on request of such wife
C. cannot marry her
D. only if such woman marry another man, the marriage is consummated and he has [second Husband] divorced her
ANS: D

50. In giving a child in adoption by the Hindu father, the requirement of the consent of the mother, can be dispensed with if
(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.

Codes :
A. (ii), (iii) and (iv)
B. (i), (ii), (iii) and (iv)
C. (i), (ii) and (iii)
D. (i), (iii) and (iv)
ANS: C

51. “A Hindu mother can be natural guardian of her minor child during the life of father of the child if he is not taking due care of the child.” This was held by the Supreme Court of India in case of
A. M.M. Ganguli vs. Jayanti Ganguli
B. Jijabai vs. Pathan Khan
C. Sarla Mudgil vs. Union of India
D. Githa Hariharan vs. Reserve Bank of India
ANS: D

52. 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)
Codes :
(a) (b) (c) (d)
A. (ii) (i) (iv) (iii)
B. (i) (ii) (iii) (iv)
C. (iv) (ii) (i) (iii)
D. (iii) (i) (ii) (iv)
ANS: A

53. Which of the following has not yet been statutorily recognized as a theory of divorce under the Hindu Marriage Act, 1955?
A. Fault Theory
B. Will Theory
C. Breakdown Theory
D. Mutual Consent Theory
ANS: B

54. Read Assertion (A) and Reason (R) and answer using codes given below:
Assertion (A) : Human Rights are regarded as those fundamental but alienable rights which are preferred for life as human being.
Reason (R) : Change is general rule of life.
Therefore legislatures are free to change human rights according to changing needs and circumstances.

Codes :
A. Both (A) and (R) are right and (R) is correct reason for (A).
B. Both (A) and (R) are right, but (R) is not correct reason for (A).
C. Both (A) and (R) are wrong.
D. (A) is wrong and (R) is right.
ANS: C

55. Which of the following statements are wrong?
Answer using codes:
(i) Human rights are created by legislation.
(ii) Legal duty to protect human rights is not duty to respect them.
(iii) International concern with human rights as enshrined in the United 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.

Codes :
A. (i), (ii) B. (ii), (iii)
C. (iii), (iv) D. (i), (ii), (iii) & (iv)
ANS: D

56. Read Assertion (A) and Reason (R) and answer using codes given below:
Assertion (A) : The purpose of the United Nation is to maintain national security and peace.
Reason (R) : Because Article–I of the Charter of the United Nations says so.
Codes:
A. Both (A) and (R) are right and (R) is right reason for (A)
B. Both (A) and (R) are wrong.
C. (A) is right and (R) is wrong.
D. (A) is wrong and (R) is right.
ANS: B

57. Right to nationality, right to marry and to found a family are the rights under
(i) Only women rights
(ii) Social and cultural rights
(iii) Civil and political rights
(iv) Inherent rights
Codes :
A. (i), (ii) and (iv) B. (ii), (iii) and (iv)
C. (ii) and (iii) D. (iii)
ANS: D

58. Which of the following court normally is/are notified by the State Governments to act as Human Rights Court for speedy trial of offences violating Human Rights?
(i) Munsiff Courts
(ii) Lok Adalats
(iii) Senior Civil Judge Court
(iv) Sessions Court
Codes :
A. (i) and (iv) B. (i), (iii) and (iv)
C. (ii) and (iv) D. (iv)
ANS: D

59. The power of ‘enquiry and investigation’ was given to Human Rights Commission under the following sections of the protection of Human Rights Act 1993.
(i) Sec. 13 (ii) Sec. 14
(iii) Sec. 9 (iv) Sec. 10
Codes :
A. (i) and (ii) B. (i) and (iii)
C. (ii) and (iii) D. (iii) and (iv)
ANS: A

60. Read Assertion (A) and Reason (R) and answer using 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.

Codes :
A. Both (A) and (R) are right and (R) is right reason of (A).
B. (A) is wrong and (R) is right.
C. (A) is right and (R) is wrong.
D. Both (R) and (A) are wrong.
ANS: D

61. Match the List-I (Name of Maxim) with List-II
(Meaning of Maxim) by using the codes given below:
List-I
(a) Scienti non fit injuria
(b) Qui facit per alium facit per se
(c) Ubi jus ibi remedium
(d) Ubi remedium ibi jus List-II
(i) Where there is remedy there is a right
(ii) He who does an act through another is deemed in law to do it himself.
(iii) No injury is done to one who knowingly does an act
(iv) Where there is wrong there is remedy
Codes :
(a) (b) (c) (d)
A. (iii) (iv) (i) (ii)
B. (iv) (iii) (ii) (i)
C. (iii) (ii) (iv) (i)
D. (i) (ii) (iii) (iv)
ANS: C

62. Which of the following is an effective defence in the tort of nuisance?
(i) Public good
(ii) Prescription
(iii) Statutory authority
(iv) Reasonable care
Codes :
A. (i) and (iii) are correct
B. (ii) and (iv) are correct
C. (ii) and (iii) are correct
D. (i) and (iv) are correct
ANS: C

63. 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 law takes cognizance of carelessness only if it is supported by the legal duty to care.
Codes:
A. Both (A) and (R) are true and (R) is the correct explanation of (A).
B. Both (A) and (R) are true, but (R) is not the correct explanation of (A).
C. (A) is true, but (R) is false.
D. (A) is false, but (R) is true.
ANS: A

64. 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 case an action of slander may be maintained, without proof of special damage?
Answer using the codes:
(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.

Codes :
A. (i) and (ii) are correct
B. (i), (ii) and (iii) are correct
C. (i), (ii) and (iv) are correct
D. (i), (ii), (iii) and (iv) are correct
ANS: D

65. Which of the following is not an exception to the strict liability principle laid down in Rylands vs. Flecher?
A. Independent contractor
B. Statutory authority
C. Act of God
D. Consent of the plaintiff
ANS: A

66. Which of the following is the right of the 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
Codes :
A. (i) and (iii) are correct
B. (i), (ii) and (iii) are correct
C. (i) and (ii) are correct
D. (i), (ii), (iii) and (iv) are correct
ANS: B

67. What is the pecuniary jurisdiction of the State Commission under the Consumer Protection Act?
A. Exceeds rupees fifty lakhs but does not exceed rupees one crore.
B. Exceeds rupees twenty lakhs but does not exceed rupees one crore.
C. Exceeds rupees ten lakhs but does not exceed rupees one crore.
D. Exceeds rupees one crore.
ANS: B

68. 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. the seniormost partner
B. an arbitrator
C. a majority of partners
D. a judge
ANS: C

69. Which are essentials of a contract of sale of goods? Answer using codes given below:
(i) Offer
(ii) Acceptance of offer
(iii) Exchange of goods for money
(iv) Transfer of property in goods from seller to buyer
Codes :
A. Only (i) and (ii)
B. Only (iii) and (iv)
C. Only (ii) and (iii)
D. (i), (ii), (iii) and (iv)
ANS: D

70. Read Assertion (A) and Reason (R) and answer using the codes 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 buyer may sue the seller for the price of the goods.
Reason (R) : The seller is entitled to get the contractual price.

Codes :
A. Both (A) and (R) are correct, and (R) is correct reason for (A).
B. Both (A) and (R) are wrong.
C. (A) is wrong, but (R) is right.
D. (R) is wrong, but (A) is right.
ANS: C

71. Match List-I with List-II and select the correct answer using the codes given below:
List-I
(i) Intention of parties to pass property in goods
(ii) Ascertainment of intention to pass property in goods
(iii) Passing of property in goods
(iv) Specific goods in deliverable State List-II
(a) Ghasiram vs. State
(b) Badriprasad vs. State of Madhya Pradesh
(c) United Breweries Ltd. vs. State of Andhra Pradesh
(d) Usha Beltron Ltd. vs. State of Punjab
Codes :
(i) (ii) (iii) (iv)
A. (b) (d) (a) (c)
B. (c) (a) (b) (d)
C. (a) (c) (d) (b)
D. (c) (a) (d) (b)
ANS: D

72. Which one statement is correct from the following statements:
A. If the contract is inconsistent with the public documents, the person contracting will not be prejudiced by irregularities that may be set the outdoor working of the company.
B. If the contract is consistent with the public documents, the person contracting will not be prejudiced by irregularities that may be set the indoor working of the company.
C. The doctrine of indoor management seeks to protect the company against the outsider.
D. The doctrine of ultra vires seeks to protect the outsider against internal irregularities of the company.
ANS: B

73. Match List-I with List-II and select the correct answer using the codes given below:
List-I
(i) Directors with unlimited liability
(ii) Prevention of management of a company by undesirable persons.
(iii) A director cannot assign his office in favour of any one else.
(iv) Appointment to a place of profit under the company.
List-II
(a) Section 202 and 203 of the Companies Act
(b) Section 312 of the Companies Act.
(c) Section 322 and 323 of the Companies Act.
(d) Section 314 of the Companies Act
Codes :
(i) (ii) (iii) (iv)
A. (a) (c) (b) (d)
B. (c) (a) (b) (d)
C. (c) (a) (d) (b)
D. (b) (d) (a) (c)
ANS: B

74. Match List-I with List-II and select the correct answer using the codes given below:
List-I
(i) Inchoate stamped instrument
(ii) Liability of acceptor of a negotiable instrument
(iii) Liability of an endorser
(iv) Liability of the drawee of a cheque List-II
(a) Union Bank of India vs. Ankur Corp.
(b) Section 31 of the Negotiable Instrument Act
(c) Section 35 of the Negotiable Instrument Act
(d) Section 20 of the Negotiable Instrument Act
Codes :
(i) (ii) (iii) (iv)
A. (a) (d) (c) (b)
B. (d) (a) (c) (b)
C. (d) (a) (b) (c)
D. (c) (b) (a) (d)
ANS: B

75. Which of the following statements are correct?
Answer using codes given below:
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.

Codes :
A. (i) and (ii) are correct
B. (ii) and (iii) are correct
C. (iii) and (iv) are correct
D. (i) and (iv) are correct .
ANS: [email protected]

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