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Law UGC NTA NET JRF Previous Year Papers December 2015 PAPER-II

Law UGC NTA NET JRF Previous Year Papers December 2015 PAPER-II

1. Read Assertion (A) and Reason (R) and answer using the codes given below:
Assertion (A): The preamble of the Constitution of India defines the ideal philosophy of Indian democracy and its keyconcepts are laid down as Justice, Liberty, Equality and Fraternity.
Reason (R): A democracy to be real must be characterised by two features.
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

2. Which of the following statements is wrong to issue Writ of Quo warranto?
A. The office in question should be a public office
B. The office should be held by an usurper without legal authority
C. The petition is barred by res-judicata
D. It is necessary for the petitioner to show that he himself suffered a personal injury nor it is necessary to show that he is seeking redress of a personal grievance
ANS: C

3. Match List-I with List-II and select the correct answer using the codes given below the lists:
List-I List-II
(a) S.R. Chaudhuri vs. State of Punjab (i) Ban on smoking at public places
(b) Murali S. Deora vs.Union of India (ii) Two extra increments to the existing employees on earning Higher Qualification
(c) Food Corporation of India vs. Bharatiya Khadya Nigam Karmachari Sangh (iii) Classifications based on the number of children for elected post in Panchayat
(d) Javed vs. State of Haryana (iv) Non-member cannot be reappointed as minister if he fails to get elected within six months
Codes:
(a) (b) (c) (d)
A. (iv) (i) (ii) (iii)
B. (iv) (ii) (i) (iii)
C. (ii) (iii) (i) (iv)
D. (iii) (ii) (iv) (i)
ANS: A

4. Which of the following statements are correct; use the codes and answer?
Freedom of press includes:
(a) Right to print and publish news
(b) Distribution of printed matter
(c) Criticism of public affairs
(d) Pre-censorship
Codes:
A. (a), (b), (c) and (d) B. (a), (b) and (c)
C. (a), (c) and (d) D. (b), (c) and (d)
ANS: B

5. During a Financial Emergency, the executive authority of the union exercises control over state finances through the following measures:
(a) It can issue directions to states to observe certain cannons of financial propriety
(b) It can ask the states to reserve their money bills for the consideration of the President
(c) It can direct the states to reduce the salaries and allowances of all the persons serving in connection with the affairs of the states, including the judges of the Supreme Court and High Courts.
Codes:
A. (a) and (b) B. (a) and (c)
C. (b) and (c) D. (a), (b) and (c)
ANS: D

6. Justice Pasayat held that ‘pardon obtained on the basis of manifest mistake or fraud can be rescinded or cancelled’ in the following case:
A. G. Krishta Goud vs. State of A.P.
B. Maru Ram vs. Union of India
C. Epuru Sudhakar vs. Govt. of A.P.
D. Kehar Singh vs. Union of India
ANS: C

7. Read Assertion (A) and Reason (R) and answer using the codes given below :
Assertion (A): The administrative control over the Subordinate Judiciary in the State lies with the Governor.
Reason (R): The High Court has a power of Superintendence over all courts and tribunals throughout the territory in relation to which it exercises jurisdiction, except military tribunals.
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: D

8. Who has described Jurisprudence as “The lawyer’s extraversion. It is lawyer’s examination of the precepts, ideals, and techniques of the law in the light derived from present knowledge in disciplines other than the law”?
A. Paton B. Holland
C. Austin D. Julius Stone
ANS: D

9. Who may be regarded as the leading contemporary representative of British Positivism?
A. Holland B. Salmond
C. Hart D. Hohfeld
ANS: C

10. Match List-I with List-II and give the correct answer by using the codes given below:
List-I List-II
(a) Justice is realised only Hall through good law(i) Jerome
(b) Moral value needs to be included in a definition of positive law(ii) John Finnis
(c) Natural law with a variable content(iii) Morris
(d) A sophisticated version of Natural Law has been put forward in the tradition of Aristotle and Aquinas (iv) Stammler
Codes:
(a) (b) (c) (d)
A. (ii) (iv) (i) (iii)
B. (i) (ii) (iii) (iv)
C. (iii) (i) (iv) (ii)
D. (iv) (iii) (ii) (i)
ANS: A

11. According to whom, whenever a person looked like an owner in relation to a thing, he had possession of it, unless possession was denied him by special rules based on practical convenience. The ‘Animus’ element was simply an intelligent awareness of the situation?
A. Salmond B. Pollock
C. Ihering D. Savigny
ANS: C

12. Match List-I with List-II and give the correct answer by using the codes given below:
List-I List-II
(a) Social Solidarity (i) Roscoe Pound
(b) Social Utilitarian (ii) Grotius
(c) Social Engineering (iii) Duguit
(d) Social Contract (iv) Ihering
Codes:
(a) (b) (c) (d)
A. (i) (ii) (iii) (iv)
B. (ii) (iii) (iv) (i)
C. (iv) (i) (ii) (iii)
D. (iii) (iv) (i) (ii)
ANS: D

13. Match List-I with List-II and give the correct answer by using the codes given below:
List-I List-II
(a) No one has any other ‘right’ than always to do his duty. (i) Gray
(b) ‘Right’ is power over an object which by means of this right he subjected to will of the person enjoying the right. (ii) Holland
(c) Legal right means, “A capacity residing in one man of controlling with the assent and assistance of the state, the acts of the other”. (iii) Duguit
(d) ‘Right’ is not the interest by itself but it is a mean by which enjoyment of interest is secured. (iv) Pachta
Codes:
(a) (b) (c) (d)
A. (iv) (iii) (i) (ii)
B. (i) (ii) (iii) (iv)
C. (iii) (i) (ii) (iv)
D. (ii) (iv) (i) (iii)
ANS: A

14. Who has stated that “As a matter of fact International law is neither a myth on the one hand nor a panacea on the other, but just one institution among others which we can use for the building of a better international order”?
A. Prof. Louis Henkin
B. J.L. Brierly
C. J.G. Starke
D. Oppenheim
ANS: B

15. Which one of the following sources of International Law does not find or mention in Article 38 of the statute of the International Court of Justice but it has now become a well recognised source?
A. International conventions
B. General Principles of Law Recognised by Civilized Nations
C. Decisions of Judicial or Arbitral Tribunals and Juristic Works
D. Decisions or Determinations of the Organs of International Institutions
ANS: D

16. Which of the following statement/statements is/are correct?
(a) Custom is the oldest and the original source of International as well as of law in general.
(b) In Barcelona Traction case, the International Court applied the general rule of subrogation.
(c) In Chorzow factory (Indemnity) case the Permanent Court of Justice ruled that the International law is based on justice, equity and good conscience.
(d) In Nicaragua vs. U.S.A. The World Court has taken the view that the sources of International law are not hierarchial but are necessarily complimentary and inter related.
Codes:
A. Only (a) is correct
B. (a), (b), (c) are correct
C. (a) and (d) are both correct
D. (a), (b), (c) and (d) all are correct
ANS: C

17. Which of the following statement/statements is/are incorrect?
(a) There are five prominent theories of relationship between International law and Municipal law
(b) According to Dualism Theory law is a unified branch of knowledge
(c) ‘Monism’ and ‘Dualism’ are diametrically opposed to each other
(d) Wright, Kelson and Duguit are prominent exponents of Dualism Theory
Codes:
A. (b) and (d) are incorrect
B. (a), (b) and (d) are incorrect
C. Only (d) is incorrect
D. (a), (b), (c) and (d) all are incorrect
ANS: A

18. Match List-I with List-II and give the correct answer by using the codes given below the lists:
List-I List-II
(Provisions) (Articles of Statute of International Court)
(a) Law applied by the International Court of Justice (i) Article 62
(b) Transferred Jurisdiction (ii) Article 59
(c) Court power to allow a state to intervene in case to which it is not a party (iii) Article 38
(d) Binding Force of the decisions of the International Court of Justice (iv) Article 36 (5)
Codes:
(a) (b) (c) (d)
A. (i) (ii) (iii) (iv)
B. (iv) (iii) (ii) (i)
C. (iii) (iv) (i) (ii)
D. (ii) (i) (iv) (iii)
ANS: C

19. Assertion (A): When a state wants to delay the de jure recognition of any state, it may, in the first stage grant de-facto recognition.
Reason (R): There is no distinction between ‘de facto’ and ‘de jure’ recognition for the purpose of giving effect to the Internal Acts of the Recognised Authority.
Use the codes below and give the correct answer.
Codes:
A. Both (A) and (R) are correct and (R) is the correct explanation of (A)
B. Both (A) and (R) are correct, but (R) is not the correct explanation of (A)
C. (A) is correct, (R) is wrong
D. (A) is wrong, (R) is correct
ANS: B

20. Two persons are said to be related to each other by uterine blood when they are descended from:
A. a common ancestor by the same wife
B. a common ancestor but by different wives
C. a common ancestress by the same husband
D. a common ancestress but by different husbands
ANS: D

21. Match List-I with List-II under the Hindu Marriage Act, 1955 and give the correct answer with the help of codes given below:
List-I List-II
(a) Restitution of Conjugal Rights (i) Section-5
(b) Marriageable Age (ii) Section 29 (2)
(c) Customary Divorce (iii) Section-9
(d) Ceremonies of Marriage (iv) Section-7
Codes:
(a) (b) (c) (d)
A. (iv) (i) (ii) (iii)
B. (iii) (ii) (i) (iv)
C. (iii) (i) (ii) (iv)
D. (i) (ii) (iii) (iv)
ANS: C

22. In which of the following cases, a child could be a Hindu? Answer with the help of codes:
(a) Only one parent is a Hindu and the child was brought up as a Hindu
(b) Only one parent is a Hindu and the child was not brought up as a Hindu
(c) If after the birth of child, father converts to non-Hindu religion
(d) Both the parents are Hindu
Codes:
A. (a), (c) and (d) only
B. (b), (c) and (d) only
C. (a) and (d) only
D. (c) and (d) only
ANS: A

23. Under the provisions of the Hindu Marriage Act, 1955 the decree of Judicial Separation:
(a) dissolve the marriage
(b) does not dissolve the marriage bond but only suspends marital rights and obligations during the subsistence of the decree.
(c) the parties continue to be husband and wife but not obligated to live together and neither party is free to marry.
(d) if after a decree of judicial separation the parties have not resumed cohabitation for a period of one year, either party may seek divorce.
Codes:
A. (a), (b) and (c) B. (b), (a) and (d)
C. (b), (c) and (d) D. (a), (b), (c) and (d)
ANS: C

24. Read Assertion (A) and Reason (R) and give the correct answer with the help of codes given below:
Assertion (A): The Muslim Personal Law
(Shariat) Application Act, 1937 makes Muslim Law applicable expressly to all Muslims.
Reason (R): The Muslim Personal Law
(Shariat) Application Act, 1937 has abrogated the customs and restored to Muslims their own personal law in almost all cases.
Codes:
A. (A) and (R) are true and (R) is the correct explanation of (A)
B. (A) is true, but (R) is false
C. (A) is false, but (R) is true
D. Both (A) and (R) are false
ANS: A

25. Observance of ‘Iddat’ is necessary:
A. Where Cohabitation is lawful i.e.
consummation of marriage
B. Where Cohabitation is unlawful i.e. illicit intercourse and the pregnancy follows the illicit intercourse
C. In both A and B
D. Only in A and not in B
ANS: C

26. Modern sources of Hindu law are:
A. Legislation, Precedents and Digests
B. Legislation, Precedents, Equity etc.
C. Precedents, Smritis, Legislation
D. Legislation, Customs, Precedents and Commentaries
ANS: B

27. Match List-I with List-II and select the correct answer using the codes given below:
List-I List-II
(Heads of Public Policy) (Case – Law)
(a) Trading with enemy (i) Girdhari Singh vs. Neeladhar Singh
(b) Trafficking in public offices (ii) Espostiv vs.Bowden
(c) Interference with administration of justice (iii) Shivsaran Lal vs. Keshav Prasad
(d) Marriage brokage contracts (iv) Nand Kishor vs. Kunj Behari Lal
Codes :
(a) (b) (c) (d)
A. (i) (iv) (ii) (iii)
B. (iv) (i) (ii) (iii)
C. (iv) (i) (iii) (ii)
D. (ii) (iii) (i) (iv)
ANS: B

28. Read Assertion (A) and Reason (R) and answer using codes given below:
Assertion (A): Compensation is recoverable for any loss or damage arising unnaturally in the unusual course of things from breach of contract, or which the parties did not know at the time of the contract as likely to result from the breach.
Reason (R): Because Section-73 of the Indian Contract Act stipulates so.
Codes:
A. Both (A) and (R) are right and (R) is correct 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

29. Doctrine of frustration was laid down for the first time in:
A. Krell vs. Henry
B. Taylor vs. Caldwell
C. Paradine vs. Jane
D. Cricklewood Property and Investment Trust Ltd. vs. Leighton’s Investment Trust Ltd.
ANS: B

30. Which of the following statements is correct?
A. A contract is voidable because it was caused by a mistake as to any law in force in India.
B. A mistake as to law not in force in India has the same effect as a mistake of fact.
C. A contract is voidable merely because it was caused by one of the parties to it being under a mistake as to a matter of fact.
D. Where both the parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is not void.
ANS: B

31. An agreement without consideration is valid, unless :
A. It is in writing and registered
B. Is a promise to compensate for something done
C. It is made by two minors
D. Is a promise to pay a debt barred by limitation law
ANS: C

32. A proposal is revoked:
A. By the notice of revocation of the proposal
B. By the lapse of a reasonable time if the time is prescribed in the proposal
C. By acceptance of a condition precedent to acceptance
D. By the death or insanity of the proposer, if the fact of his death or insanity comes to the knowledge of the acceptor before acceptance
ANS: D

33. In order to bring an action for tort, the plaintiff has to prove that:
A. There has been a legal damage caused to him
B. Violation of a legal right not vested in him
C. There has been no legal damage caused to him
D. Violation of no legal right and has not resulted in harm to him
ANS: A

34. In which case it was held by the Supreme Court that state was not liable on the ground that police were acting in discharge of statutory powers and power of the police in keeping the property in the police Malkhana was a sovereign power?
A. Ramawati Kaur vs. State of Bihar
B. Radha Aggarwal vs. State of U.P.
C. Kasturi Lal vs. State of U.P.
D. State of Bihar vs. Rameshwar Prasad
ANS: C

35. Match List-I with List-II and give the correct answer by using the codes given below:
List-I List-II
(Name of defence) (Name of Case – Law)
(a) Act of State (i) Buron vs. Denman
(b) Consent (ii) Hall vs. Brookland and Auto Racing Club
(c) Act of God (iii) Metropolitan Asylum Board vs. Hills
(d) Statutory authority (iv) Nicholas vs. Marsland
Codes:
(a) (b) (c) (d)
A. (iii) (ii) (i) (iv)
B. (i) (ii) (iv) (iii)
C. (iii) (i) (ii) (iv)
D. (iv) (i) (iii) (ii)
ANS: B

36. In which of the following cases, is the occupier of a house liable for ‘negligence’?
A. Keeping a dog, which may bite trespassers
B. Fixing broken glass pieces on the top of a wall to prevent trespassers
C. Setting spring guns in the premises to prevent trespassers
D. Constructing a compound wall to prevent trespassers
ANS: C

37. Read Assertion (A) and Reason (R) and give the correct answer with the help of codes given below:
Assertion (A): Mental element is an essential element in most of the torts.
Reason (R): State of mind of the defendant is not relevant to ascertain his liability in all branches of law of torts.
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. Both (A) and (R) are true
D. Both (A) and (R) are wrong
ANS: D

38. Which one of the following is not an exception to the rule of volenti non fit injuria?
A. Surgeon amputates a limb of a patient to save his life
B. Injury is caused while play-fighting with naked swords at a religion function
C. Injury is caused while doing lawful acts under contract
D. Injury is caused to a player in football match
ANS: D

39. Which of the facts do not include within the principle of joint liability?
A. The actuated act need not be a crime or when it was foisted.
B. An act done in a pre-arranged plan between more than one person.
C. Mere participation in some manner in the act constituting the offence.
D. An act done in furtherance of an intention to cause harm.
ANS: A

40. ‘Imposing punishment implies that some one should be legally authorised to impose it upon the offender’. In which of the following cases a private person can impose such punishment?
A. Where the law recognises moral blame worthiness.
B. Where there is justification for punishing any person provided the offender had broken a law.
C. Where one can establish the connection between punishment and crime.
D. Where the act falls within a retroactive penal legislation.
ANS: B

41. The Apex court has shown as to how compromise is not a free choice of the rape survivor but a hidden secret of law where justice is reduced to a bargain between the victim’s kin, state authorities and the accused.
Identify the case law:
A. Ravindra vs. State of M.P.
B. Shreya Singhal vs. Union of India
C. Sanskar Marathe vs. State of Maharashtra
D. Khursheed Ahmed Khan vs. State of U.P.
ANS: A

42. There is a specific provision that the intention to screen the offender must be primary and the role object of the accused. This provision is provided in ………….. .
A. Section 202 B. Section 201
C. Section 199 D. Section 203
ANS: B

43. Which of the following offences fall under causing hurt as well as assault?
A. Digging a pit in the public path
B. Flinging boiling water over a person
C. Mixing deleterious poison in a liquid and placing the same on another table
D. Pulling hair of a woman
ANS: B

44. There must be dishonest intention which should co-exist while taking a thing for an offence of theft. In which of the following situations it will not amount to theft?
A. Taking a stick from the person to beat him
B. Taking a sugar packet from another person in good faith while his own packet was at the shop
C. A senior student snatching some books from a junior student with promise to return on the next day
D. Not finding the helmet hanged on a bike, a person takes away a similar helmet from the adjacent bike, but afterwords repenting on his fault returns the same to the owner
ANS: A

45. The Constitution of Works Committee under the Industrial Disputes Act is to:
A. Remove causes of friction between the employer and workmen in the day to day waking of the establishment
B. Remove causes of friction between the employer and workmen relating to wage settlement
C. Remove causes of friction between the employer and workmen relating to standing orders
D. Remove causes of friction between the employer and workmen relating to implementation of award
ANS: A

46. Under the Industrial Disputes Act, a reference to an Industrial tribunal will be:
A. Only where both the parties to an Industrial Dispute apply for such reference
B. Only where the appropriate government considers it expedient to do so
C. Only where both the parties to an Industrial Dispute apply for such reference and also where the appropriate government considers it expedient to do so
D. Only where the affected party to the dispute apply for such reference
ANS: C

47. To which settlement machinery can the central government refer the dispute under Rule 81-A?
A. Conciliation B. Arbitration
C. Adjudication D. Supreme Court
ANS: C

48. A settlement under the Industrial Disputes Act arrived at in the course of conciliation proceding, between the employer and a recognised majority union will be binding on:
A. parties to the settlement
B. all workmen of the establishment
C. all workmen of a recognised majority union
D. all workmen of a registered Trade Union
ANS: B

49. The permission applied for by the government shall be deemed to have been granted if the appropriate government does not communicate the order under I.D. Act, granting or refusing to grant permission within a period of:
A. 15 days B. 30 days
C. 60 days D. 90 days
ANS: B

50. “The right to strike may be controlled or restricted by appropriate industrial legislation and the validity of such legislation would have to be tested not with reference to the criteria laid down in clause (4) of Article 19 but by totally different considerations”, was observed by the Supreme Court in:
A. Syndicate Bank vs. Umesh Nayak
B. All India Bank Employees Association vs.
I.T.
C. Management of Churakulam Tea Estate
(P) Ltd vs. The workmen and another
D. Ramnagar cane and sugar Co. vs. Jatin Chalin .
ANS: [email protected]

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