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Law UGC NTA NET JRF Previous Year Papers July-2016 PAPER-II

Law UGC NTA NET JRF Previous Year Papers , July-2016 PAPER-II

1. In Golaknath Vs State of Punjab Justice K.
Subba Rao observed:
A. The Preamble contains in a nutshell ideals and aspirations of the Constitution.
B. The Preamble is the key to open the minds of the Constitution makers.
C. The Preamble is enforceable by the Judiciary.
D. The Preamble of our Constitution is of great importance and it should be implemented.
ANS: A

2. The Five Judges Constitution Bench held that ‘Imparting Education cannot be treated as a Trade or Business’ in which of the following cases?
A. Unnikrishanan Case
B. Mohini Jain Case
C. Dinesh Kumar Case
D. P.A. Inamdar Case
ANS: A

3. As per the Constitution of India, which of the following statement(s) is/are correct?
(a) The state may make provision for securing just and humane conditions of work.
(b) The state shall endeavour to provide early childhood care and education for all the children until they complete the age of six years.
(c) The state shall not endeavour to secure for the citizens a uniform civil code in the territory of India.
(d) The state shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.
Codes:
A. (a), (b) and (c) B. (b), (c) and (d)
C. (b) and (d) D. (c) and (d)
ANS: C

4. Read Assertion (A) and Reason (R) and answer using the codes given below:
Assertion (A): No minimum age is prescribed for appointment as a Judge of the Supreme Court of India nor is there any fixed period of office.
Reason (R): The original jurisdiction of the Supreme Court is dealt within Article-132 of the Constitution of India.
Codes:
A. (A) and (R) are right and (R) is the correct explanation of (A).
B. (A) and (R) are right, but (R) is not the right explanation of (A).
C. (A) is right, but (R) is wrong.
D. Both (A) and (R) are wrong.
ANS: C

5. In which one of the following cases the Supreme Court of India had invalidated a Constitutional Amendment for noncompliance with the procedure contained in the proviso to clause (2) of Article-368?
A. Kihoto Hollohan Vs. Zachilhu and others
B. Keshavanand Bharati Vs. State of Kerala
C. Golaknath Vs. State of Punjab
D. State of West Bengal Vs. Union of India
ANS: A

6. If the President of India is satisfied that a grave emergency exists whereby the security of India or any part of the territory thereof is threatened whether by war or external aggression or armed rebellion he may by proclamation make a declaration to that effect.
Here the ‘satisfaction’ of the President of India means:
A. The personal satisfaction of the President of India.
B. The personal satisfaction of the Prime Minister and all the Council of Ministers and informing to the President of India.
C. The decision of the Union Cabinet that such a proclamation may be issued, has been communicated to him in writing.
D. The decision of the Union Cabinet, that such a proclamation may be issued, has been communicated to him in writing along with 2/3rd Parliament Member’s signature.
ANS: C

7. Match the List-I with List-II and select the correct answer using the codes given below:
List-I List-II
(a) Hari Krishna Bhargav Vs Union of India Legislation (i) Conditional
(b) Godfrey Philips India Ltd. Vs State of UP (iii) Principles of Interpretation to avoid over lapping
(c) K.C. Gajapati Narayan Deo Vs State of Orissa (ii) Power of Parliament to levy taxes on income other than Agricultural Income
(d) In re : The Delhi Laws Act (ii) Colourable Legislation
Codes:
(a) (b) (c) (d)
A. (iii) (ii) (iv) (i)
B. (ii) (iii) (i) (iv)
C. (iii) (iv) (ii) (i)
D. (ii) (iii) (iv) (i)
ANS: A

8. “The task of social engineering is to build as efficient structure of the society as possible with minimum friction and waste.” This statement is of:
A. Kelsen
B. Roscoe Pound
C. Savigny
D. Karl Marx
ANS: B

9. Ratio decidendi may be defined as:
A. Statement of law applied to the legal problems disclosed by facts.
B. Finding of material facts, direct and inferential, based on earlier case law.
C. The rule of law which others regard as being of binding authority.
D. All of the above
ANS: D

10. Which one of the following groups indicate the four sanctions as enumerated by Bentham for various kinds of pleasure and pain?
A. Physical, Moral, Ethical and Political
B. Physical, Political, Moral and Religious
C. Moral, Social, Legal and Political
D. Legal, Ethical, Moral and Social
ANS: B

11. The three defects in the simple social structure of primary rules as enunciated by Hart are:
A. Their inadequacy, immobility and efficiency
B. Their uncertainty, static and inefficiency
C. Their mobility, easiness and simplicity
D. Their abnormality, violability and unsoundness
ANS: B

12. Match the List-I with List-II and select the correct answer using the codes given below:
List-I List-II
(Book) (Author)
(a) The Concept of Law (i) Gray
(b) The Nature and Sources of the Law (ii) Julius Stone
(c) Some Reflections on Jurisprudence (iii) Buckland
(d) The Province and Function of Law (iv) H.L.A. Hart
Codes:
(a) (b) (c) (d)
A. (iv) (i) (iii) (ii)
B. (iv) (ii) (i) (iii)
C. (iv) (i) (ii) (iii)
D. (i) (iii) (iv) (ii)
ANS: A

13. Which one of the following is not a theory of the nature of ‘Legal Persons’?
A. Purpose Theory B. Fiction Theory
C. Interest Theory D. Bracket Theory
ANS: C

14. “International law must be continuously developed by revision in content, expansion of scope and improvement of the means of securing compliance, so that it is kept in accordance with the changing needs of the international community.” This statement is made by:
A. Starke B. Edward Collins
C. L. Oppenheim D. W. Friedman
ANS: B

15. Which of the following statement(s) is/are not correct?
(a) Decisions or determinations of the organs of International Institution does not find mention in Article-38 of the Statute of the International Court of Justice.
(b) West Rand Central Gold Mining Company Ltd. Vs. R is related to general principles of law recognised by civilized states.
(c) Frontier Dispute (Barkina Faso Vs Mali) is a case related to International customs as a source of law.
(d) The importance of the works of the jurists has been stressed by Justice Gray in Barcelona Traction Case.
Codes:
A. Only (a), (b) and (c) are not correct.
B. Only (b), (c) and (d) are not correct.
C. Only (c) and (d) are not correct.
D. (a), (b), (c) and (d) all are not correct.
ANS: B

16. Read the following statements and give the correct answer by using the codes given below:
Assertion (A): According to the exponents of Monism Theory, law is a Unified branch of knowledge, no matter whether it applies on persons or other entities.
Reason (R): In view of the Monistic writers, in the ultimate analysis of the law we find that man is at the root to all laws.
Codes:
A. (A) and (R) both are correct and (R) is the correct explanation of (A).
B. (A) and (R) both 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: A

17. Which of the following statement(s) is/are correct?
(a) According to the constitutive theory of recognition, statehood or the authority of the new government exists as such prior to and independently of recognition.
(b) De Jure recognition is by nature provisional and may be made dependent on conditions with which the new entity has to comply.
(c) The principle that 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 was laid down in Luther Vs. Sagar.
(d) De jure recognition is final and once given cannot be withdrawn.
Codes:
A. Only (b) is correct.
B. Only (a), (b) and (c) are correct.
C. Only (b), (c) and (d) are correct.
D. (a), (b), (c) and (d) all are correct.
ANS: C

18. The principle of self-determination has been incorporated in the Charter of United Nations under:
A. Article 2(7)
B. Article 5
C. Article 6
D. Articles 1(2), 55 and 56
ANS: D

19. The Commission on Human Rights was replaced by Human Rights Council by the General Assembly vide its Resolution:
A. 60/251 of 15 March, 2006
B. 61/260 of 15 March, 2008
C. 60/251 of 20 March, 2006
D. 60/251 of 30 March, 2006
ANS: A

20. ‘Sapinda Relationship’, which prohibits marriage among Hindus with near relatives on paternal and maternal sides, is based on the principle of
A. Monogamy B. Endogamy
C. Exogamy D. Polygamy
ANS: C

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) Ceremonies for a Hindu marriage(i) Sec. 15
(b) Restitution of Conjugal Rights(ii) Sec. 7
(c) Remarriage of divorced persons(iii) Sec. 16
(d) Legitimacy of Children (iv) Sec. 9
Codes:
(a) (b) (c) (d)
A. (i) (iii) (ii) (iv)
B. (ii) (iv) (i) (iii)
C. (iv) (ii) (iii) (i)
D. (iii) (iv) (ii) (i)
ANS: B

22. Read the following statement and answer with the help of the codes given below:
The guilt theory of divorce, on the one hand, implies a guilty party and on the other, it implies that the other party is innocent. In view of this which of the following is/are correct?
(a) If cruelty is provoked, divorce will be refused.
(b) If innocent party condones the acts of the guilty party, no divorce can be granted.
(c) If both parties were guilty, divorce would not be granted to either.
(d) Unreasonable delay in filing petition is no bar for the relief of divorce.
Codes:
A. Only (a) and (c) are correct.
B. Only (b) and (c) are correct.
C. Only (a), (b) and (c) are correct.
D. Only (c) and (d) are correct.
ANS: C

23. Match List-I with List-II and select the correct answer using the codes given below:
List-I List-II
(Veda) (Deals with)
(a) Yajurveda (i) Praise of forces of nature
(b) Samveda (ii) Magic, Spell and Incantation
(c) Atharvaveda (iii) Rituals
(d) Rigveda (iv) Dance
Codes:
(a) (b) (c) (d)
A. (i) (ii) (iv) (iii)
B. (ii) (iv) (i) (iii)
C. (iv) (ii) (iii) (i)
D. (iii) (iv) (ii) (i)
ANS: D

24. Which of the following statement(s) is/are correct in relation to ‘muta’ marriage?
(a) It is a temporary marriage.
(b) It is recognised under Sunni law.
(c) It is recognised under Shia law.
(d) It is a marriage for a fixed period.
Codes:
A. Only (a), (c) and (d) are correct.
B. Only (b), (c) and (d) are correct.
C. Only (b) is correct.
D. (a), (b), (c) and (d) all are correct.
ANS: A

25. Read Assertion (A) and Reason (R) and answer using the codes given below:
Assertion (A): The Shariat Act, 1937 makes Muslim law applicable expressly to all Muslims.
Reason (R): The Act has abrogated almost all the customs (except relating to agricultural land) applicable to Muslims.
Codes:
A. (A) is right, but (R) is wrong.
B. Both (A) and (R) are wrong.
C. (R) is right, but (A) is wrong.
D. Both (A) and (R) are right and (R) is the correct reason of (A).
ANS: D

26. The remedy of Restitution of Conjugal Rights has its roots in
A. Jewish Law B. French Law
C. English Law D. Indian Law
ANS: A

27. Read Assertion (A) and Reason (R) and answer using the codes given below:
Assertion (A): A juvenile delinquent may have physical capacity to commit crime, while he has no contractual capacity to do so.
Reason (R): According to Section-11 of the Indian Contract Act, a juvenile has no contractual capacity to commit crime.
Codes:
A. Both (A) and (R) are right and (R) is correct answer for (A).
B. Both (A) and (R) are wrong.
C. (A) is wrong, but (R) is right.
D. Both (A) and (R) are right, but (R) is not correct answer for (A).
ANS: B

28. “Consideration means a reasonable, equivalent or other valuable benefit passed on by the transferor to the transferee.
Similarly, when the word ‘consideration’ was qualified by the word ‘adequate’ it makes the consideration stronger so as to make it sufficient and valuable having regard to the facts, circumstances and necessities of the case.” Above Principle was laid down in
A. Sonia Bhatia Vs State of U.P.
B. LIC of India Vs Pushpa P. Mansukhani
C. Dipraich Sugar Mills Ltd. Vs Mazdur Union
D. A.B.C. Laminart Pvt. Ltd. Vs A.P.
Agencies, Salem
ANS: A

29. Which of the following statements is right?
A. An agreement not to do an impossible act in itself is void.
B. An agreement to do a possible act is void.
C. An agreement to do an act impossible in itself is void.
D. A contract to do an act, which after the contract is made, becomes impossible, or, by reason of some event which the promisor could not prevent to be unlawful, becomes valid, when the act becomes impossible or unlawful.
ANS: C

30. Match List-I with List-II and select the correct answer using the codes given below:
List-I List-II
(a) Remoteness of damage (i) Chief Secretary, State of Gujarat Vs Kothari and Associates
(b) Proof of loss to be given to claim special damages (ii) Madras Railways Co. Vs Govind Rau
(c) Loss of profit is special loss (iii) Karsandas H. Thacker Vs Saran Engg. Co. Ltd.
(d) Consequences of delays in special damages (iv) Union of India Vs Steel Stock transit Holders
Codes:
(a) (b) (c) (d)
A. (i) (ii) (iv) (iii)
B. (ii) (i) (iii) (iv)
C. (ii) (iii) (i) (iv)
D. (iv) (i) (iii) (ii)
ANS: B

31. Which of the following aspects are the parts of undue influence? Answer using codes given below:
(a) Inability to dominate will of other.
(b) A party unduly influencing and another party being unduly influenced are on equal footing.
(c) A relationship involving trust and confidence.
(d) In a relationship, one party is a person in mental distress.
Codes:
A. (a) and (b) only B. (b) and (c) only
C. (c) and (d) only D. (a) and (d) only
ANS: C

32. Which of the following statements are wrong?
Answer using the codes given blow:
(a) Fraud renders a contract void.
(b) Misrepresentation renders a contract voidable.
(c) Misrepresentation is more or less an intentional wrong, whereas fraud may be quite innocent.
(d) Damages for loss caused by innocent misrepresentation are assessed on the same principles as in the case of a deliberate fraud.
Codes:
A. (a) and (c) only B. (b) and (d) only
C. (a) and (d) only D. (a) and (b) only
ANS: A

33. Which one of the following statements is correct in relation to the law of torts in India?
A. It is based on morality that no one has a right to injure or harm other intentionally or even innocently.
B. It is a civil wrong for which remedy is a common law action for liquidated damages.
C. It is based on law which in the constitutional context means judicially developed equity, covers everything which is covered by a statute.
D. It is an act and not omission suffered by a determinate person.
ANS: A

34. Match List-I with List-II and select the correct answer using the codes given below:
List-I List-II
(Defences in Tort) (Related cases)
(a) Volenti non fit injuria (i) Olga Tellis Vs Municipal Corporation, Bombay
(b) Judicial acts (ii) Samira Kohli Vs Prabha Manchanda
(c) Acts of State (iii) Anwar Hussain Vs Ajoy Kumar
(d) Necessity (iv) Vinod Kumar Shantilal Gosalia Vs Gangadhar Narsinghadas Agarwal
Codes:
(a) (b) (c) (d)
A. (ii) (iii) (iv) (i)
B. (ii) (i) (iv) (iii)
C. (iv) (iii) (i) (ii)
D. (i) (ii) (iii) (iv)
ANS: A

35. The police officers failed to observe the provisions of U.P. Police Regulations in taking care of the gold seized. The injury had been committed by the employees of the state during the course of its employment, but the employment was in special category of sovereign power, so the claim was not sustainable. It was held by the Supreme Court in
A. Mohammad Murad Vs Govt. of U.P.
B. Kasturilal Ralia Ram Jain Vs State of U.P.
C. State of U.P. Vs Hindustan Lever Ltd.
D. State of U.P. Vs Tulsiram
ANS: B

36. In which of the following cases the Supreme Court of India applied the principle of absolute liability? Give answer by using codes below:
(a) M.C. Mehta Vs Union of India
(b) Charan Lal Sahu Vs Union of India
(c) Indian Council for Enviro Legal Action Vs Union of India
(d) M.C. Mehta Vs State of MP
Codes:
A. (a), (b), (c) and (d)
B. (b), (c) and (d) only
C. (c) and (d) only
D. (a), (b) and (c) only
ANS: D

37. What remoteness of damage mean in relation to liability of defendant?
A. The defendant is not liable for all direct consequences of the tortuous acts if he could foresee them.
B. Forseeability is no test of remoteness of damages.
C. Liable in Law only for consequences which are not remote.
D. Directness of the consequences is the only test for the remoteness of the damages.
ANS: C

38. Andhra Pradesh State Road Transport Corporation Vs K. Hemlatha and Municipal Corporation Greater Bombay Vs Laxman Iyer are important cases decided by the Supreme Court on the rule of:
A. Act of God
B. Contributory Negligence
C. Nuisance
D. Trespass
ANS: B

39. Read the following Principle :
“There is always an imposed duty on a person to act on moral necessity to preserve one’s life, yet there may be justifiable occasions of causing harm on innocent persons.” In the light of the above, in which of the following circumstances the accused can claim doctrine of self-preservation under the provisions of Sec. 81 of IPC?
A. When necessity is pleaded as a means of defence under sections 96 to 106.
B. Self-preservation is not an absolute necessity, so killing the weaker is justifiable by the stronger.
C. Arresting a drunken person moving in great danger at a public place.
D. When there is no choice of evil affecting the accused.
ANS: C

40. In the absence of any cogent definition of unsoundness of mind, the worldwide acceptance of its equivalent to insanity was propounded by:
A. Stephan B. Harris
C. Kenny D. Davis
ANS: A

41. The underlying principle covering the law on ‘consent’ is based on absolute and unconditional prohibition on the gravity of the offence relating to:
A. Simple hurt
B. Death
C. Theft from an unlocked house
D. Submission for detaining indecent liberties
ANS: B

42. The right of private defence is not allowed in which of the facts leading to:
A. The death was consequence of the assault.
B. More harm was done than necessary.
C. When the fact is clearly based on conjectures.
D. When the fact reveals about imminent danger to self or property.
ANS: B

43. When a person tries to escape from lawful custody while being taken to a Magistrate to furnish security for good behaviour could be punished under the provision of:
A. Section 224 of IPC
B. Section 225 of IPC
C. Section 225A of IPC
D. Section 225B of IPC
ANS: D

44. The distinction between intentional killing in hot blood and intentional killing when the blood was cool may be inferred through:
A. Provocation B. Self-control
C. Passion D. Resentment
ANS: A

45. Read Assertion (A) and Reason (R) and answer using the codes given below:
Assertion (A): In an illegal termination of workman the reinstatement of workman in service does not appear to be an acceptable option in all cases. The monetary compensation may sufficiently meet the ends of justice.
Reason (R): The compensation in lieu of reinstatement is the normal rule.
Codes:
A. Both (A) and (R) are true and (R) is the correct explanation of (A).
B. (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

46. An arbitration award is binding on:
A. All parties to the dispute.
B. All the workmen employed on the date of dispute and subsequent to the dispute.
C. The parties to the arbitration agreement.
D. All parties summoned to appear as parties to the dispute.
.
ANS: C

ANS: B

ANS: C

ANS: B

ANS: [email protected]

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