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

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

1. Match List-I and List-II and find correct answer by using codes given below:
List-I List-II
(a) To renounce practices derogatory to the dignity of women (i) Surya Narain Choudhary vs.Union of India
(b) Mandamus cannot be sought against an individual who does not observe a fundamental duty (ii) Union of India vs. Naveen Jindal
(c) Respect to National Anthem (iii) Bijoe Emmanuel vs. State of Kerala
(d) Respect and dignity to National Flag (iv) Union of India vs. Naveen Jindal
Codes:
(a) (b) (c) (d)
A. (i) (ii) (iii) (iv)
B. (ii) (i) (iii) (iv)
C. (ii) (i) (iv) (iii)
D. (iii) (iv) (i) (ii)
ANS: B

2. Match List-I with List-II according to the provisions of the Constitution of India. Give correct answer by using the codes given below:
List-I List-II
(Provisions) (Articles)
(a) Power of Parliament to legislate with respect to a matter in the state list in the national interest(i) Article 253
(b) Legislation for giving effect to international agreements(ii) Article 247
(c) Power of Parliament to provide for the establishment of certain additional courts(iii) Article 252
(d) Power of Parliament to legislate for two or more states by consent (iv) Article 249
Codes:
(a) (b) (c) (d)
A. (iv) (i) (ii) (iii)
B. (i) (ii) (iii) (iv)
C. (iv) (iii) (i) (ii)
D. (i) (ii) (iv) (iii)
ANS: A

3. Read Assertion (A) and Reason (R) and answer using the codes given below:
Assertion (A): The rule making power of the Supreme Court of India is not subject to any law made by the Parliament.
Reason (R): Only an impartial and independent judiciary can protect the rights of Individual without fear or favour.
Codes:
A. Both (A) and (R) are correct and (R) is correct explanation of (A)
B. Both (A) and (R) are correct, but (R) is not the correct explanation of (A)
C. (A) is false, but (R) is true
D. (A) is true, but (R) is false
ANS: C

4. Who among the following shall be disqualified as a member of either House of Parliament?
Give answer by selecting codes given below:
(a) Who is not a citizen of India.
(b) Who has acquired the citizenship of a foreign state.
(c) Who is under any acknowledgement to a foreign state.
(d) Who is under acknowledgement of adherence to a foreign state.
Codes:
A. Only (a) B. Only (a) and (b)
C. (a), (b) and (c) D. (a), (b), (c) and (d)
ANS: D

5. Under Article 324 of the Constitution the Election Commission of India shall be responsible to conduct elections to:
Give answers by using the codes given below:
(a) Parliament and State Legislature
(b) President and Vice-President
(c) Zilla Parishad and Panchayats
(d) Municipal Corporations and Municipal Committees
Codes:
A. (a), (b), (c) and (d)
B. (a) and (b) only
C. (a), (b) and (c)
D. (a), (c) and (d)
ANS: B

6. Who among the following can establish additional court for better administration of any existing law with respect to a matter concerned in union list?
A. Chief Justice of India
B. Parliament
C. The Concerned State Legislature
D. High Court of the State Concerned
ANS: B

7. Which one of the following statements is correct?
Article 368 of the Constitution of India lays down:
A. Procedure for amendment of the Constitution only
B. Power of Parliament to amend the Constitution only
C. Power of Parliament to amend the Constitution and procedure therefore
D. Limitation on the power of the Parliament to amend the Constitution
ANS: D

8. In which one of the following cases the Supreme Court held that, ‘No election can be challenged on the ground of defect in electoral rolls’?
A. Inderjit Barua vs. Election Commission of India
B. N.P. Ponnuswami vs. Returning Officer
C. Kalyan Lal Omar vs. R.K. Trivedi
D. Mohinder Singh Gill vs. Chief Election Commissioner
ANS: A

9. Who defined administrative law as; “Law relating to the Administration. It determines the organisation, powers and duties of administrative authorities”?
A. Sir Ivor Jennings
B. A.V. Dicey
C. Kenneth Culp Davis
D. Griffith and Strut
ANS: A

10. What was specifically declared by the Supreme Court in the Delhi Laws Act case?
Answer using codes given below:
(a) Legislature should not delegate its essential function.
(b) Excessive delegation of powers can be struck down by courts.
(c) Extension of laws with certain modification and by changing the underlying policy of legislation is allowed.
(d) Legislature should itself lay down standard in the delegating Act learning the delegate with the power to make rules to execute the policy laid down in the Legislation
Codes:
A. (c), (a), (d) B. (b), (d), (a)
C. (d), (c), (b) D. (a), (b), (d)
ANS: D

11. Which of the following is not true regarding the application of ‘doctrine of promissory estoppel’?
A. The court may refuse to apply promissory estoppel against the government if the ‘public interest’ suffers in fulfilling the promise.
B. The government cannot be compelled to carry out a promise which falls outside its power and contrary to law.
C. The promise in question may be tentative or uncertain and it need not to be unambiguous and unequivocal.
D. There can be no promissory estoppel against the Legislature in the exercise of its legislative functions.
ANS: C

12. Match List-I with List-II in the light of cases decided by the Supreme Court:
List-I List-II
(Case Law) (Principles)
(a) Canara Bank vs. V.K. Awasthy(2005) (i) Duty to act fairly – in administrative functions as well
(b) Gullapalli Nageswara Rao vs. A.P. State Road Transport Corporation, 1959 (ii) Post decisional hearing
(c) Swadeshi Cotton Mills vs. Union of India (1981) (iii) Exclusion of rule of hearing
(d) A.K. Kraipak vs. Union of India (1970) (iv) One who decides must hear
Codes:
(a) (b) (c) (d)
A. (i) (ii) (iii) (iv)
B. (iv) (iii) (i) (ii)
C. (ii) (iv) (iii) (i)
D. (iii) (iv) (ii) (i)
ANS: C

13. Read Assertion (A) and Reason (R) and answer using codes given below:
Assertion (A): A High Court may decline to exercise its extra-ordinary jurisdiction under Article 226 and dismiss the writ summarily or in limine.
Reason (R): It would be proper for the High Court to dispose of the petition summarily or in limine, when no important question of law are raised in a writ petition.
Codes:
A. Both (A) and (R) are right and (R) is correct reason of (A)
B. Both (A) and (R) are right, but (R) is not correct reason of (A)
C. (A) is right, but (R) is wrong
D. (A) is wrong, but (R) is right
ANS: A

14. When a writ is issued to a public authority in respect of any type of administrative, legislative, Quasi-judicial or judicial functions, it is called a writ of:
A. Mandamus B. Quo-warranto
C. Certiorari D. Prohibition
ANS: A

15. Read Assertion (A) and Reason (R) and answer using codes given below:
Assertion (A): In judicial review of administrative actions, generally the court would not interfere with the merits of the case by embarking upon inquiry into the facts.
Reason (R): Courts can review the procedure through which a decision has been taken by the administrative authority but courts cannot supplement its own decision and act as appellate court over the administrative authority.
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 correct explanation of (A)
C. (A) is right, but (R) is wrong
D. (A) is wrong, but (R) is right
ANS: A

16. “The polemical version of legal realism has wielded enormous influence on the entire judicial system”. Who propounded such philosophy?
A. Gray B. Holmes
C. Salmond D. Waismann
ANS: B

17. The liberum arbitrium of the courts depends upon what is right, justice, equitable or reasonable and is dependent upon:
A. Evidence and demonstration of public
B. Arguments submitted with reason
C. Discovering the right or justice of the matter
D. Pure intellectual process
ANS: B

18. Obiter dicta has no binding authority but it helps to:
A. Rationalise legal sanctions
B. Encourages providing solution to future litigations
C. It allows greater prestige to the judge
D. It makes the acceptability of precedents more flexible
ANS: A

19. The statement “equitable ownership of a legal right is different from the ownership of an equitable right” shows that law and equity differ with regard to:
A. Only the existence of right
B. Only the ownership of rights
C. Both existence and ownership of rights
D. The existence of a right but not regarding the consistency of a right
ANS: C

20. Read Assertion (A) and Reason (R) and give correct answer using codes given below:
Assertion (A): The relation of morality to a concept of law cannot be stated simply in the form of a stark alternative that the former is either externally or internally related to the later.
Reason (R): It is depending upon time-frame of reference.
Codes:
A. Both (A) and (R) are wrong
B. Both (A) and (R) are right and (R) is correct reason of (A)
C. (A) is wrong, but (R) is right
D. (A) is right, but (R) is wrong
ANS: B

21. The House of Lords upheld the Attorney General’s political discretion in refusing to invoke the law in face of a threatened criminal offence in deliberate defiance of an Act of Parliament, in the case of:
A. Gouriet vs. Union of Post Office Workers
B. Francome vs. Mirror Group Newspaper Ltd.
C. R. vs. Bourne
D. Johnson vs. Phillips
ANS: A

22. Modern doctrine of bindingness of precedents was first laid down in:
A. London Transways Co. vs. LCC
B. Young vs. Bristol Aeroplane Co. Ltd.
C. Mirehouse vs. Rennel
D. Sirros vs. Moore
ANS: C

23. Read Assertion (A) and Reason (R) and answer using the codes given below:
Assertion (A): Shareholders are not, in the eye of law, part owners of a company. The company is something different from the totality of the shareholders.
Reason (R): Shareholders are collective owners of the company.
Codes:
A. Both (R) and (A) are right and (R) is correct reason of (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: C

24. An idea of inducement by exciting hope or desire on the other is known as ………… .
A. Seduction B. Enticing
C. Inciting D. Abduction
ANS: B

25. A takes his own suit from the tailor without his knowledge but had the intention of returning it to the tailor later. What offence, if any has been committed by A?
A. Stealing B. Dishonest taking
C. Theft D. Unlawful retention
ANS: C

26. Read Assertion (A) and Reason (R) and answer using codes given below:
Assertion (A): That the act is imminently dangerous or that in all probability it will cause death.
Reason (R): Such specific principle apply to punish a person although there is no intention to cause death.
Codes:
A. Both (A) and (R) are concurrent as per
Sec. 299(c) and 300(4) respectively
B. Both (A) and (R) are intravivos as per Sec.
300 and Sec. 302
C. Both (A) and (R) are dependant upon facts based as per Sec. 299(b) and Sec. 302
D. Both (A) and (R) must co-exist as per Sec.
300(2) and Sec. 301
ANS: A

27. The aggravated form of perjury is known from:
A. False statement on oath
B. False evidence in a judicial proceeding
C. Administering oath to speak truth
D. False affidavit before honorary Magistrate
ANS: B

28. Which of the following is not a crime in order to provide protection to currency?
A. A war medal
B. Gold Mohur
C. Current Coin
D. Genuine specimen of antique coin
ANS: C

29. Which of the following cases does not amount to robbery?
A. Taking away ornaments from the body of a lady while she was in coma.
B. Removal of ornaments after death of a lady.
C. Voluntary disposition of valuables.
D. While theft is committed along with assault.
ANS: B

30. Criminal liability for abandonment of a child is based on the principle of loco-parentis.
Who else could be responsible for that offence?
A. Adoptive father before the completion of formalities of adoption
B. When a mother leaves the house for her husband’s ill-treatment and abandons the children to the care of husband
C. When the school master who has been teaching infants placed under him for education
D. A mother leaves a blind child on a foot path promising to return after fetching food but never returned
ANS: C

31. Which of the following do not constitute an offence of forgery?
A. The intention to induce a belief that the document was duly signed.
B. The intention to induce a belief that the document was duly sealed.
C. The intention to induce a belief that the document was executed by the authority of a person.
D. Knowingly makes false entries initially in the public record on his own authority by a public officer.
ANS: D

32. “Where directive principles have found statutory expression in do’s and dont’s the court will not sit idle and allow government to become a statutory mockery for protection of environment. The law will relentlessly be enforced and the plea of poor finance will be poor alibi when people in misery cry for justice.” The above was observed in Municipal Council of Ratlam vs. Vardhichand by:
A. Justice Chinnappa Reddy
B. Justice V.R. Krishna Iyyer
C. Justice P.N. Bhagavati
D. Justice Ranganath Misra
ANS: B

33. Protection and Improvement of Environment and safeguarding forest and wildlife is:
A. A Fundamental Right
B. One of the Directive Principles of State Policy
C. One of the Fundamental Duties
D. Both Directive Principles of State Policy and Fundamental Duty
ANS: D

34. In which of the following cases, the Supreme Court directed closing down and demolition of shrimp Industries in coastal regulation zone and implement the “Precautionary principle” and “the polluter pays principle” and held them liable for payment of compensation for reversing the ecology and compensate the individual for loss suffered?
A. M.C. Mehta vs. Union of India
B. S. Jaganath vs. Union of India
C. Church of God (Full Gospels) in India vs.
K.K.R. Majestic Colony Welfare Association
D. Vellore Citizen’s Welfare Forum vs. Union of India
ANS: B

35. Read Assertion (A) and Reason (R) and give the answer by using the codes given below:
Assertion (A): The right to clean drinking water and right to pollution free air to breath are attributes of “Right to Life”.
Reason (R): Because they are the basic elements which sustain life.
Codes:
A. Both (A) and (R) are true. (R) is good explanation of (A)
B. Both (A) and (R) are true, but (R) is not a good explanation of (A)
C. (A) is true, but (R) is false
D. (A) is false, but (R) is true
ANS: A

36. In which of the following cases the Supreme Court applied the doctrine of public trust that the state as a trustee of all natural resources is under a legal duty to protect the natural resources. These natural resources are meant for public use and cannot be converted into private ownership?
A. M.C. Mehta vs. Union of India (Ganga Water Pollution Case)
B. M.C. Mehta vs. Kamalnath and others
C. M.C. Mehta vs. Union of India (Replacing diesel vehicles by CNG vehicles)
D. Rural Litigation and Entitlement Kendra
vs. State of U.P.
ANS: B

37. What is the main objective of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013? Give answer by using codes below:
(a) To prohibit employment of manual scavengers
(b) To rehabilitate manual scavengers
(c) To rehabilitate manual scavengers and their families
(d) To rehabilitate manual scavengers only and not their families
Codes:
A. Only (a) B. Only (a) and (b)
C. (a), (b) and (c) D. (a), (b), (c) and (d)
ANS: C

38. Which one of the following is the main objective of the Wild Life (Protection) Act, 1972 as amended upto 2003?
A. To check on poaching and illegal trade in domestic and wild animals.
B. To check on poaching and on illegal trade in ivory.
C. To check on poaching and legal trade in dog.
D. To check on hunting and legal trade in elephant.
ANS: B

39. Whose observations are these on the point that whether International law is a mere positive Morality?
“If International Law were only a kind of morality, the framers of State papers concerning foreign policy would throw all their weight on moral arguments. But, as a matter of fact, this is not what they do. They appeal not to the general feeling of moral rightness, but to precedents, to treaties and to opinion of specialists.”
A. H.L.A. Hart B. Oppenheim
C. Edward Collins D. Frederick Pollock
ANS: D

40. Which of the following statement/Statements is/are not correct?
(a) Principle of law which is recognised by domestic law of a large number of states does not automatically become a ‘Principle’ of International Law.
(b) Para (1) (G) of Article 38 of the Statute of International Court of justice lists “General Principles of Law Recognised by Civilized States” as the Second Source of International Law.
(c) General Principles of law recognised by civilized states include only substantive principles provided they have received general recognition of Civilized States.
(d) The development of general principles of law recognised by civilized states as an important source of law, has given a death-knell to the positivism.
Codes:
A. Only (b) is incorrect
B. Both (b) and (c) are incorrect
C. (a), (b) and (c) are incorrect
D. All (a), (b), (c) and (d) are incorrect
ANS: B

41. Which one of the following cases is not a case on the point that there is no distinction between ‘De Facto’ and ‘De – Jure’ recognition for the purpose of giving effect to the internal acts of the recognized authority?
A. Bank of Ethopia vs. National Bank of Egypt and Liquori
B. Luther vs. Sagor
C. Civil Air Transport Incorporated Co. vs.
Central Air Transport Corporation
D. The Arantzazu Mendi Case
ANS: C

42. In which one of the following cases the International Court of Justice has held that in respect of grant of nationality there is no obligation of the states if a man has no relationship with the state of Naturalisation and the court has applied the ‘Principle of effective nationality’?
A. Re Lynch Case
B. Stoeck vs. The Public Trustee
C. Nottebohm’s Case
D. Paneyezys Soldutisk
ANS: C

43. Which one of the following institution is not authorised for requesting for ‘Advisory Opinion’ of the International Court of Justice?
A. Economic and Social Council
B. The Trusteeship Council
C. The International Atomic Energy Agency
D. Secretariat
ANS: D

44. Read both Assertion (A) and Reason (R) and give the correct answer by using the codes given below:
Assertion (A): International Law is not potent enough to restrain a powerful state which has no respect for public opinion.
Reason (R): Sanctions behind International Law are weak.
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 true, but (R) is false
D. (A) is false, but (R) is true
ANS: A

45. Consider the following:
The Recommendation of the Security Council made to the Member under Article 42 of U.N.
Charter becomes an obligation for them which none can shirk?
(a) If the Security Council decides to take action no time is given for further declarations by the General Assembly.
(b) When the Security Council decides for taking enforcement measures, it also determines the part to be played by each member state.
(c) All or only some members may be requested to participate but every member is to join in mutual assistance.
(d) The legal requirements for military action are still not satisfied even after the council has acted.
Which of the above statement/statements is/ are correct?
A. (a), (b), (d) are correct
B. (b), (c) and (d) are correct
C. (a), (b) and (c) are correct
D. (c), (d) and (a) are correct
ANS: C

46. Match List-I with List-II and give the correct answer by using the codes given below:
List-I List-II
(Provisions) (Article of UN Charter)
(a) Voting procedure of the General Assembly(i) Article 23
(b) Composition of Security Council (ii) Article 96
(c) Composition of Trusteeship Council (iii) Article 4
(d) Provisions regarding Membership in the United Nations (iv) Article 18
Codes:
(a) (b) (c) (d)
A. (ii) (iii) (iv) (i)
B. (i) (ii) (iii) (iv)
C. (iii) (i) (ii) (iv)
D. (iv) (ii) (i) (iii)
ANS: A

47. Which of the following is not a ground of Judicial Separation under the Hindu Marriage Act, 1955?
A. Renunciation of the world
B. Seven years absence
C. Conversion to Non-Hindu religion
D. Desertion for one year
ANS: D

48. Grounds of divorce meant exclusively for wife under section 13(2) of the Hindu Marriage Act, 1955 are:
(a) Pre-Act bigamy by Husband.
(b) Husband is guilty of rape, sodomy and bestiality.
(c) Non-payment of maintenance and no cohabitation for one year or upwards.
(d) Repudiation of marriage by wife.
Codes:
A. (a), (c) and (d) B. (c), (d), (a) and (b)
C. (b), (c) and (d) D. (a), (b) and (c)
ANS: B

49. Under the provisions of the Hindu Adoptions and Maintenance Act, 1956 an adopted child:
(a) Can be given in adoption generally
(b) Cannot be given in adoption
(c) Can be given in adoption with the consent of natural parents
(d) Can be given in adoption only with the prior permission of the court
Codes:
A. (b) and (d) are correct, but (a) and (c) are incorrect
B. (d) is correct but (a), (b) and (c) are incorrect
C. (b) is correct but (a), (c) and (d) are incorrect
D. (a) and (b) are correct but (c) and (d) are incorrect
ANS: C

50. Match List-I with List-II in relation to the Hindu Adoptions and Maintenance Act, 1956 and give the correct answer by using the codes given below the lists:
List-I List-II
(a) Maintenance of wife (i) Sec. 19
(b) Maintenance of widowed daughter-in-law (ii) Sec. 22
(c) Maintenance of parents and children (iii) Sec. 18
(d) Maintenance of dependants (iv) Sec. 20
Codes:
(a) (b) (c) (d)
A. (iii) (i) (iv) (ii)
B. (i) (iii) (ii) (iv)
C. (iv) (ii) (i) (iii)
D. (ii) (i) (iv) (iii)
ANS: A

51. After the petition is presented under Section 13-B of Hindu Marriage Act, 1955, the parties have to wait for a minimum period of:
A. One year B. Eighteen months
C. Two years D. Six months
ANS: D

52. Talaq ‘ahsan’ is:
A. Revocable during the tuhr in which it has been pronounced
B. Revocable until the next successive tuhr
C. Revocable during the period of iddat
D. Irrevocable
ANS: C

53. Match List-I with List-II in the light of the Dissolution of Muslim Marriage Act, 1939 and give the correct answer by using the codes given below:
List-I List-II
(Provision) (Section)
(a) Notice to heirs of the husband when his whereabouts are not known (i) Sec. 4
(b) Effect of conversion to another faith (ii) Sec. 3
(c) Rights to dower not to be affected (iii) Sec. 2(v)
(d) Impotence of the husband as a ground of divorce (iv) Sec. 5
Codes:
(a) (b) (c) (d)
A. (i) (iii) (ii) (iv)
B. (ii) (i) (iv) (iii)
C. (iv) (ii) (i) (iii)
D. (iii) (i) (iv) (ii)
ANS: B

54. Match List-I with List-II under the Hindu Minority and Guardianship Act 1956 and give the correct answer with the help of the codes given below:
List-I List-II
(Provision) (Section)
(a) Testamentary guardian and their powers (i) Sec. 6
(b) Natural guardians of a Hindu Minor (ii) Sec. 9
(c) Welfare of minor to be paramount consideration (iii) Sec. 11
(d) De facto guardian not to deal with minor’s property (iv) Sec. 13
Codes:
(a) (b) (c) (d)
A. (ii) (i) (iv) (iii)
B. (i) (iv) (iii) (ii)
C. (iv) (ii) (i) (iii)
D. (iii) (i) (iv) (ii)
ANS: A

55. Read both statements (A) and (R) and give the correct answer by using the codes given below:
Assertion (A): The member state of United Nations Organisation have committed to promote and the respect for observance of Human Rights.
Reason (R): The Human Rights are Inalienable, Natural, Interdependent and Indivisible. They are means to achieve human dignity.
Codes:
A. Both (A) and (R) are true and (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 false, but (R) is true
D. (A) is true, but (R) is false
ANS: B

56. The International covenant on Economic, Social and Cultural Rights came into force on:
A. January 3, 1976 B. January 13, 1976
C. June 30, 1977 D. June 13, 1977
ANS: A

57. UNICEF was created by the UN General Assembly to help:
A. Children after World War I
B. Children after World War II in Europe
C. Children of third world countries
D. Children of suffering from malnutrition
ANS: B

58. Match List-I with List-II and select the correct answer using the codes given below:
List-I List-II
(a) Mr. Jose Ayala Lasso (i) President International Court of Justice
(b) Justice Nagendra Singh
(ii) Secretary General U.N.O.
(c) Kofi Annan (iii) Chairperson Commission on Human Rights
(d) Mrs. F.D. Roosevelt (iv) U.N. High Commissioner for Human Rights
Codes:
(a) (b) (c) (d)
A. (iv) (i) (ii) (iii)
B. (ii) (iv) (iii) (i)
C. (iii) (ii) (i) (iv)
D. (iii) (ii) (iv) (i)
ANS: C

59. The Universal Declaration of Human Rights 1948 contains provisions relating to:
A. Operationalization of Human Rights
B. Establishment of Human Rights Institutions
C. Establishment of Human Rights Committee
D. Conceptualization of Human Rights
ANS: A

60. Which of the following statement is correct?
A. The U.N. Convention on Elimination of all Forms of Discrimination Against Women (CEDAW) was adapted by the General Assembly in 1979, but India ratified it in June 1993.
B. The U.N. Convention on Elimination of all Forms of Discrimination Against Women (CEDAW) was adapted by the General Assembly in 1979, but India ratified it in December 1997.
C. The U.N. Convention on Elimination of all Forms of Discrimination Against Women (CEDAW) was adapted by the General Assembly in 1981, but India ratified it in June 1993.
D. The U.N. Convention on Elimination of all Forms of Discrimination Against Women (CEDAW) was adapted by the General Assembly in 1981, but India ratified it in December 1997.
ANS: A

61. The correct chronological order of the following Human Rights documents be choosen using the codes given below:
(a) International Covenant on Civil and Political Rights.
(b) Convention on the Elimination of all Forms of Discrimination Against Women.
(c) Universal Declaration of Human Rights.
(d) Convention on the Rights of the Child.
Codes:
A. (c), (b), (a), (d) B. (c), (a), (b), (d)
C. (d), (c), (a), (b) D. (c), (d), (b), (a)
ANS: B

62. Who defined law of tort as “tortious liability arises from the breach of a duty primarily fixed by the law : this duty is towards persons generally and its breach is redressible by an action for unliquidated damages”?
A. Salmand B. Lord Denning
C. Fraser D. Winfield
ANS: D

63. Which of the following is not a form of damnum sine injuria? Choose the correct answer from the codes below:
(a) There is no right of action for damages for contempt of court.
(b) Loss inflicted on individual traders by competition.
(c) Damage is done by a man acting under necessity to prevent a greater evil.
(d) Damage caused by defamatory statements made on any occasion.
Codes:
A. (a), (b), (c) and (d)
B. (a) and (b)
C. (b) and (d)
D. None of the above
ANS: C

64 Facts: “The defendant was a plaintiff’s landlord and was living in the same building on the floor above him. Some rats damaged a rain water box maintained by the defendant for the benefit both of himself and plaintiff and the water running through injured plaintiff’s goods below.” What action can be taken on the above mentioned facts in view of the exceptions to the theory of ‘strict liability’?
A. No action lie because of plaintiff’s own fault
B. Action lie because it is not act of God
C. No action lie because of the consent of plaintiff
D. Action lie because it is not an act of stranger
ANS: C

65. Read Assertion (A) and Reason (R) and give the correct answer with the help of codes given below:
Assertion (A): A master is liable for the torts committed by his servant while not acting in the course of his employment.
Reason (R): Liability of the master for the act of his servant is based on the maxim respondent superior.
Codes:
A. Both (A) and (R) are true and the (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 right, but (R) is wrong
D. (A) is wrong, but (R) is right
ANS: D

66 Match List-I with List-II and give the correct answer by using the codes given below:
List-I List-II
(Case Laws) (Principles)
(a) Re Polemis and Furness, Withy and Co. Ltd. (i) Vicariom liability of the state
(b) Saheli vs Commissioner of damages Police, Delhi. (ii) Remoteness of
(c) Municipal Corporation of Delhi vs.Subhagwanti (iii) Duty of case to plaintiff
(d) South Wales Miners Federation vs. Glamorgan Coal Company (iv) Malice in fact
Codes:
(a) (b) (c) (d)
A. (ii) (i) (iii) (iv)
B. (i) (ii) (iv) (iii)
C. (i) (ii) (iii) (iv)
D. (ii) (iii) (i) (iv)
ANS: A

67. What is the period of limitation under Section 24 A of the Consumer Protection Act, 1986
(as amended w.e.f 18.6.1993) for filing a complaint from the date of the cause of action?
A. No period of limitation
B. Three years
C. Two years
D. One year
ANS: C

68. Match the List-I with List-II and give answer by using the codes below : (Re : Tort of Defamation) List-I List-II
(Name of Case Law) (Principle)
(a) Tolley vs. J.S. Fry and Sons Ltd. (i) Publication of statement
(b) Williamson vs. Frier (ii) Innuendo
(c) Alexander vs. North Eastern Railway (iii) Fair comment
(d) Merivale vs. Carson (iv) Defence of truth
Codes:
(a) (b) (c) (d)
A. (ii) (i) (iv) (iii)
B. (i) (ii) (iii) (iv)
C. (iv) (i) (ii) (iii)
D. (iii) (ii) (i) (iv)
ANS: A

69. Match List-I with List-II and select the correct answer using the codes given below:
List-I List-II
(a) Kundan Lal Rallaram vs. Custodian (i) Presumption under section 118 of the Negotiable Instrument Act arises only if the execution of the document is proved as true
(b) C.T. Joseph vs. I.V. Phillip (ii) Burden of proof of failure of consideration for a negotiable instrument
(c) A.V. Murthy vs. B.S Nagabasavanna (iii) A negotiable instrument is presumed to be drawn for consideration
(d) Beni Madhavnath vs. Jugandra Nath Balwan (iv) The statutory presumption envisaged under section 118(a) of the Negotiable Instrument Act is rebuttable.
Codes:
(a) (b) (c) (d)
A. (ii) (i) (iii) (iv)
B. (i) (ii) (iii) (iv)
C. (ii) (iv) (i) (iii)
D. (iii) (i) (iv) (ii)
ANS: A

70. Which of the following statement is incorrect?
A. A cheque is a bill of exchange, but every bill of exchange is not a cheque.
B. A cheque is always payable on demand.
C. A cheque is a conditional order from the drawer of a cheque to the drawee bank to make payment of money only.
D. A post dated cheque cannot be considered as a valid cheque till the date of maturity.
ANS: C

71. Which of the following cases is about doctrine of indoor management?
A. Ashbury Railway Carriage and Iron Co.
Ltd. vs. Riche
B. Rama Corpn. vs. Proved tin and General Investment Co.
C. London Country Council vs. Attorney-
General
D. A. Lakshmana Swamy Mudaliar vs. L.I.C.
ANS: B

72. Read Assertion (A) and Reason (R) and answer using codes given below:
Assertion (A): For the proper exercise of the functions of a director, it is essential that he be disinterested, that is, be free from any conflicting interest.
Reason (R): Conflict is injurious to mental and physical health.
Codes:
A. Both (A) and (R) are correct, and (R) is correct reason of (A).
B. (A) is correct, but (R) is wrong.
C. Both (A) and (R) are incorrect.
D. Both (A) and (R) are correct, but (R) is not correct legal reason of (A).
ANS: D

73. Which are essentials of a partnership?
Answer using codes given below:
(a) A contract of two or more competent persons
(b) Agreement to share profits
(c) Mutual agency
(d) Lawful business
Codes:
A. Only (a), (b), (c)
B. Only (a), (b), (d)
C. Only (b), (c), (d)
D. (a), (b), (c), (d)
ANS: D

74. Match List-I with List-II and select the correct answer using the codes given below:
List-I List-II
(a) Section 54 of the Sale of Goods Act (i) Risk where goods are delivered at distant place
(b) Section 40 of the Section 54 of the (ii) Delivery of wrong quantity
(c) Section 37 of Section 54 of the (iii) Sale by description the
(d) Section 15 of Section 54 of the (iv) Rights of unpaid the Sale of seller against the goods
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

75. Which of the following cases is about performance of contract?
A. Maruti Udyog Ltd. vs. Susheel Kumar Gabgetra
B. Great Northern Railway Co. vs. Harrison
C. Joyce vs. Swann
D. Behn vs. Burness .
ANS: [email protected]

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