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

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

1. Which of the following statements are correct?
(a) The ‘Basic Structure’ of the Constitution of India cannot be amended.
(b) Parliamentary Democracy is included in the list of ‘Basic structure’ of the Constitution of India.
(c) According to convention of Parliamentary Democracy, the Prime Minister has to be from the House of People
(d) Article 83 of the Constitution of India deals with the duration of Houses of Parliament.
Codes:
A. (a), (b) and (c) are correct
B. (a), (c) and (d) are correct
C. (b), (c) and (d) are correct
D. (a), (b), (c) and (d) all are correct
ANS: D

2. From the following statements select the correct answer using the codes given below:
(i) In India at the head of the entire judicial system stands the Supreme Court of India.
(ii) Under the Supreme Court of India stands the high courts of various states.
(iii) District and Sessions Court functions under the concerned high court.
Codes:
A. (i) and (ii) only B. (ii) and (iii) only
C. (i) and (iii) only D. (i), (ii) and (iii)
ANS: D

3. Match List-I with List-II and select the correct answer using codes given below:
List-I List-II
(a) Article 13 (i) Protection in respect of conviction for offences.
(b) Article 15 (ii) Prohibition of traffic in human beings and forced labour.
(c) Article 20 (iii) Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
(d) Article 23 (iv) Laws inconsistent with or in derogation of Fundamental Rights.
Codes:
(a) (b) (c) (d)
A. (iv) (ii) (i) (iii)
B. (ii) (i) (iv) (iii)
C. (iii) (ii) (i) (iv)
D. (iv) (iii) (i) (ii)
ANS: D

4. Which one of the following Parliamentary Committees in India acts as ‘watch dog’ on departmental expenditure and irregularies?
A. Committee on public undertakings
B. Committee on public assurances
C. Estimates Committee
D. Public Accounts Committee
ANS: D

5. Read Assertion (A) and Reason (R) and answer using the codes given below:
Assertion (A): Both houses of Parliament as well as of a State Legislature have similar privileges under the Constitution of India.
Reason (R): In general the position of the speaker is similar to that of the speaker of English House of Commons.
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: B

6. Which of the following are included in the list of Fundamental Duties in the Constitution of India? Answer using codes given below:
(i) To uphold and protect the sovereignty, unity and integrity of India and the states.
(ii) To defend the country and render national service when called upon to do so.
(iii) To value and preserve the rich heritage of our composite culture.
(iv) To develop the scientific temper, humanism and the spirit of inquiry and reform.
Codes:
A. (i), (ii) and (iii) B. (i), (ii) and (iv)
C. (ii), (iii) and (iv) D. (i), (iii) and (iv)
ANS: C

7. Match List-I with List-II and select the correct answer using the codes given below the lists:
List-I List-II
(Articles) (Provisions)
(a) 40 (i) Separation of judiciary from executive
(b) 42 (ii) Organisation of village panchayats
(c) 44 (iii) Provision for just and human conditions of work and maternity relief
(d) 50 (iv) Uniform civil code
Codes:
(a) (b) (c) (d)
A. (i) (ii) (iv) (iii)
B. (ii) (iii) (iv) (i)
C. (ii) (iv) (i) (iii)
D. (iii) (iv) (i) (ii)
ANS: B

8. Which one of the following was not a recommendation of the Dinesh Goswami Committee on electoral reforms?
A. State assistance to National political parties for elections.
B. Maintenance of proper accounts of elections.
C. Strict enforcement of model code of conduct.
D. Video coverage of polling booths to check booth capturing.
ANS: D

9. Read the Assertion (A) and Reason (R) and answer by using the codes given below:
Assertion (A): The system of Droit Administratif is not at all based on the doctrine of separation of powers.
Reason (R): The most original aspect of the French Administrative Law is the independence of the administration from judicial control.
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

10. Which of the following is not an essential element of the doctrine of audi alteram partem?
A. Person affected adversely must be heard.
B. Fair and transparent procedure must be provided by authority.
C. Reasoned decision must not be based on the satisfaction of the concerned authority.
D. Authority concerned must dispose off the matter by a speaking order.
ANS: C

11. Match List-I with List-II and select the correct answer using the codes given below:
List-I List-II
(Name of Case) (Decision)
(a) Hira Nath Mishra Vs. Rajindera Medical College (i) The inquiry was vitiated as class IV employee has to defend himself against officers, hence denial of principles of natural justice.
(b) Bhagat Ram Vs. State of H.P. (ii) Principle of natural justice can be exempted for the security of girl students and girls could be testified in the absence of miscreants.
(c) A.K. Roy Vs. Union of India (iii) No deprivation of existing right enjoyed by government servant without giving him opportunity of being heard.
(d) H.L. Trehan Vs. Union of India (iv) Principles of natu ral justice are not rigid norms of unchanging context, they have to be tailored to suit the nature of the proceeding.
Codes:
(a) (b) (c) (d)
A. (ii) (i) (iv) (iii)
B. (i) (ii) (iii) (iv)
C. (iv) (iii) (ii) (i)
D. (ii) (i) (iii) (iv)
ANS: A

12. A statute confers discretionary powers on an official for his use, by denoting expressions like:
(a) Reasonable (b) Appropriate
(c) Equitable (d) Sufficient
Codes:
A. Only (a) is correct
B. Only (a) and (b) are correct
C. Only (a), (b) and (c) are correct
D. (a), (b), (c) and (d) are correct
ANS: D

13. Read the Assertion (A) and Reason (R) and answer by using the codes given below:
Assertion (A): The court can direct competent authority to exercise discretion in accordance with law but court cannot direct to exercise the discretion in a particular manner.
Reason (R): The Supreme Court strikes down a decision of competent authority on ground of ‘extraneous consideration’ and ‘improper purpose’.
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

14. What is the objective of the Lokpal and Lokayukta Act, 2013?
A. To investigate the charges of corruption against public and private companies.
B. To substitute the Central Vigilance Commission by the institution of Lokpal.
C. To repeal the Lokayukta and establish Lokpal.
D. To inquire into allegations of corruption against public functionaries.
ANS: D

15. Which of the following declarations relating to assets and liabilities by a public servant are to be made under the Lokpal and Lokayukta Act, 2013? Answer by using the codes given below:
(a) Assets of which he, his spouse and his dependent children are jointly or severally, owner or beneficiary.
(b) Assets of which he, his parents and children are owner or beneficiary.
(c) His liabilities and that of his spouse and his dependent children.
(d) His liabilities and that of his spouse, parents and children.
Codes:
A. (a) and (b) B. (c) and (d)
C. (a) and (c) D. (b) and (d)
ANS: C

16. Which one of the following statements is incorrect?
A. In Jurisprudence we are concerned to derive rules from authority and apply them to problems.
B. In Jurisprudence we are concerned to reflect on the nature of legal rules.
C. In Jurisprudence we are concerned on the underlying meaning of legal concepts.
D. In Jurisprudence we are concerned on the essential features of legal systems.
ANS: A

17. Which of the following requisites are necessary to be fulfilled for a custom to be valid source of law?
(a) Reasonableness, antiquity and conformity with statute law.
(b) Immemorial antiquity, conformity with statute law and observance as of right.
(c) Specificity, efficacy and reasonableness.
Codes:
A. (a) and (c) only B. (a), (b) and (c) all
C. (b) and (c) only D. (a) and (b) only
ANS: D

18. Read the Assertion (A) and Reason (R) and give the correct answer with the help of codes given below:
Assertion (A): Judges must follow authoritative precedents.
Reason (R): Authoritative precedents derive their authority from basic postulate of the legal system itself.
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

19. Read the Assertion (A) and Reason (R) and give the correct answer using the codes given below:
Assertion (A): A person in possession of a thing is deemed to be the owner of the thing possessed.
Reason (R): Possession is as good as ownership.
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

20. Read the Assertion (A) and Reason (R) and give the correct answer with the help of codes given below:
Assertion (A): A claim to recover a debt barred by lapse of time is an imperfect right.
Reason (R): The statute of limitations does not provide that after a certain time a debt shall become extinct.
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

21. The fundamental principle of legal positivism is to draw a clearcut demarcation between law and morals, between law as it is and law as ought to be wherein the former is essential in the nature of ‘command’ and latter being merely:
A. routine and normal
B. persuasive and non-obligatory
C. non-persuasive and obligatory
D. directive and non-persuasive
ANS: B

22. Which one of the following is not a theory of corporate personality?
A. Fiction theory B. Will theory
C. Realist theory D. Bracket theory
ANS: B

23. Match List-I with List-II and give the correct answer by using the codes given below the lists:
List-I List-II
(Theory) (Jurist associated with)
(a) Interest theory of legal rights (i) Duguit
(b) Realist theory of corporate personality (ii) Ihering
(c) Doctrine of social solidarity (iii) Gierke
(d) Doctrine of social engineering (iv) Pound
Codes:
(a) (b) (c) (d)
A. (iii) (ii) (i) (iv)
B. (ii) (iii) (i) (iv)
C. (iv) (i) (iii) (ii)
D. (iii) (i) (ii) (iv)
ANS: B

24. Doli Capax is the principle which decides:
A. Immunity from punishment as there is no understanding of the consequences.
B. That there was discern between good and evil for which punishment would be justified.
C. Proof of innocence would ipso facto be an answer for imposing a sentence.
D. Before punishing a person his immaturity of intellect is to be assessed.
ANS: B

25. The law is clear that consent of the party becomes immaterial when the very act itself is unlawful. In which of the cases there could be an exception?
A. Prize fight
B. Advantage taken in a game of fencing
C. Aiding and abetting in a game of boxing
D. Negligent while sky-diving
ANS: A

26. The apprehension of the use of criminal force must be from the person making the gesture, but if it arises from some other person, then what offence, if any, has been caused?
A. Common intention to cause assault
B. Common object to cause assault
C. Criminal force
D. No offence
ANS: D

27. For convicting a person the state must rule out the possibility of an accidental death in a case of dowry harassment because the law requires:
A. That the death occurred otherwise than in normative circumstances.
B. The demand for dowry is not evidenced as the following consequence of death.
C. The mitigating factor of death do not reveal any demand as to dowry but there was breach of promise to provide dowry.
D. The rule of presumption, in the absence as to the demand of dowry provides contrary jurisprudence for convicting the accused.
ANS: A

28. In the eventuality of grievous hurt becomes culpable homicide not amounting to murder the injury which is actually found should itself be such that it may put the life of the injured is danger, was decided in the case of:
A. Maung Po Yi. Vs. Mo E Tin
B. Government of Bom. Vs. Abdul Wahab
C. Muhammad Rafi Vs. King
D. Bishnovnam Surma Vs. King
ANS: B

29. A snatcher cut the nostrils of a woman and committed grievous hurt and later she died.
What offence if any, he has committed?
A. Voluntary causing grievous hurt of serious nature
B. Grievous hurt and murder
C. Accidental death while extortion was committed
D. No knowledge as to the condition of the deceased, so offence
ANS: A

30. The restrainment of a person in a place or compelling the person to go in a particular direction with an exterior motive will amount to:
A. visit to shrine
B. custodial imprisonment
C. wrongful confinement
D. confinement against the will of a person to administer enema by the doctor
ANS: C

31. Which offence is outside the range of culpable homicide in view of the fact that the accused had neither intention nor knowledge about the consequence, yet it is punishable?
A. When the injury results due to carelessness
B. When the mishap happens due to rash and negligent act
C. When the contributory act was voluntarily done
D. When the act resulted in course of exaseperation
ANS: B

32. The total forest cover in our country is far less than the ideal minimum of 1/3 of the total land. Therefore the Parliament by 42nd Amendment to the Constitution has added two more Articles to ensure improvement of environment and impose duty on every citizen. They are:
A. Art. 31 C and 51 A (a)
B. Art. 48 A and 51 A (g)
C. Art. 39 A and 51 A (b)
D. Art. 31 D and 51 A (d)
ANS: B

33. The Supreme Court held that, “the precautionary principle has no applicability in this case as the gains and losses of building a big dam are predictable and certain”, in one of the following case:
A. M.C. Mehta Vs. Union of India
B. Narmada Bachao Andolan Vs. Union of India
C. State of M.P. Vs. Krishna Das Tuka Ram
D. S. Jaganath Vs. Union of India
ANS: B

34. Which one of the following has been described as the “Magna-Carta” of the environment?
A. Rio declaration
B. Tbilisi declaration
C. The Stockholm declaration
D. Environment product declaration
ANS: C

35. Match the item in List-I with the item in List-
II using the codes given below:
List-I List-II
(a) No reason to compel non-smokers to be helpless victims of air pollution (i) Church of God (Full Gospel) in India Vs. K.K.R. Majestic Col ony Welfare As sociation
(b) Noise pollution can- not be tolerated even if such noise was a direct result of and was connected with religious activity (ii) S. Jaganath Vs. Union of India
(c) Duty to protect the natural resources applying the principle of public trust (iii) Murli Deora Vs. Union of India
(d) Pay compensation for reversing the ecology and compensate the individual for loss suffered (iv) M.C. Mehta Vs. Kamalnath and Others
suffered
Codes:
(a) (b) (c) (d)
A. (iii) (i) (iv) (ii)
B. (i) (iii) (ii) (iv)
C. (ii) (iv) (i) (iii)
D. (iv) (i) (iii) (ii)
ANS: A

36. The Supreme Court constituted Bhure Lal Committee to examine and report the low sulphur diesel as a clean fuel to be used by vehicles in one of the following case:
A. Research Foundation for Science, Technology and Natural Resources Policy
Vs. Union of India
B. M.C. Mehta Vs. Kamalnath
C. M.K. Sharma Vs. B.E.L
D. M.C. Mehta Vs. Union of India and Others
ANS: D

37. Read the Assertion (A) and Reason (R) and answer using codes given below:
Assertion (A): All natural resources are held in trust by the government. The doctrine enjoins upon the government to protect the resources for the enjoyment of general public rather than to permit their use for private ownership or commercial purpose.
Reason (R): The public has a right to expect certain lands and natural resources to retain their natural characteristic in finding its way into the law of the land.
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

38. “Cases involving issues of environmental pollution, ecological destruction and conflict over natural resources are on the increase and hence setting up of environmental courts on the regional basis with one professional judge and two experts drawn from Ecological Science Research Group is necessary”, was observed in one of the following case:
A. M.C. Mehta Vs. Union of India
B. Bittu Sehgal Vs. Union of India
C. T.N. Godavarman Thirulmulpad Vs.
Union of India
D. A.P. Pollution Control Board Vs. Prof.
M.V. Nayudu
ANS: B

39. Who has remarked that International Law is the vanishing point of Jurisprudence because in his view, rules of International Law are followed by courtesy and hence they should not be kept in the category of law?
A. Prof. H.L.A. Hart B. J.G. Starke
C. Louis Henkin D. Holland
ANS: D

40. In which of the following cases the World Court by majority has taken the view that the sources of international law are not hierarchical but are necessarily complimentary and inter-related?
A. Nicaragua V. U.S.A.
B. In North Sea Continental Shelf case
C. In the Barcelona Traction case
D. Frontier dispute (Burkina Faso Vs. Mali)
ANS: A

41. Who has remarked that the wide acceptance of declaratory theory is due to the reaction against the traditional conception of recognition as a political act purely and simply. There is a legal duty on the part of the state to recognise any community that has in fact acquired the characteristics of statehood?
A. L. Oppenheim B. Hans Kelson
C. Lauterpacht D. Anzilloti
ANS: C

42. In which of the following cases the Supreme Court clarified the distinction between ‘expulsion’ and ‘extradition’ following international norms?
A. Mobarak Ali Ahmad Vs. State of Bombay
B. Hans Muller of Nurenburg Vs. Supdt, Presidency Jail, Calcutta and Others
C. Dharam Teja’s case
D. Ram Babu Saxena Vs. State
ANS: B

43. Which of the following statement/statements is/are correct?
(a) By asylum we mean shelter and active protection extended to a political refugee from another state which admits him on his request.
(b) Under Article 14 of the Universal Declaration of Human Rights, Right to asylum is recognised.
(c) International Court of Justice explained the distinction between territorial and extraterritorial asylum in the Asylum Case (Colombia Vs. Perus).
(d) In 1966, the United Nations declaration on territorial asylum was unanimously adopted by the General Assembly.
Codes:
A. Only (a) is correct.
B. Only (a), (b) and (c) are correct.
C. Only (c) and (d) both are correct.
D. (a), (b), (c) and (d) all are correct.
ANS: B

44. Which of the following statement/statements is/are not correct in reference to the Economic and Social Council (ECOSOC)?
(a) The Economic and Social Council
(ECOSOC) consists of 54 members which are elected by General Assembly.
(b) Half of its members are elected each year for a term of two years.
(c) India is one of the members of the council.
(d) President of ECOSOC is elected for two year term.
Codes:
A. only (d) is not correct.
B. (b) and (d) both are not correct.
C. only (a), (b) and (c) are not correct.
D. (a), (b), (c) and (d) all are not correct.
ANS: B

45. Under which Article of the United Nations Charter, the Security Council is empowered to implement the judgements of the World Court in case one of the parties fails to implement it and other party to the dispute brings the matter to the Security Council?
A. Article 94 B. Article 96
C. Article 62 D. Article 36(5)
ANS: A

46. Read the following propositions and give correct answer with the help of codes given below:
Propositions are:
(i) A voidable Hindu marriage is regarded as a valid marriage until a decree annulling it has been passed by a competent court.
(ii) A void Hindu marriage is never a valid marriage and there is no necessity of any decree annulling it.
(iii) A void Hindu marriage remains valid until a decree annulling it has been passed by a competent court.
(iv) Children of void and voidable Hindu marriages are legitimate.
Codes:
A. Only (i) and (iii) are correct, but (iv) is incorrect.
B. (i), (ii) and (iv) are correct, but (iii) is incorrect.
C. (i), (ii), (iii) and (iv) are correct.
D. (i) and (iv) are correct, but (ii) and (iii) are incorrect.
ANS: B

47. Match List-I and List-II and find correct answer by using codes given below:
List-I List-II
(Case Law) (Decision)
(a) Seema V/s Ashwani (i) Cruelty as a ground of divorce
(b) Githa Hariharan V/s Reserve Bank of India (ii) Maintenance of Muslim wife
(c) V. Bhagat V/s D. Bhagat (iii) Compulsory registration of marriages
(d) Mohd. Ahmad Khan V/s Shah Bano (iv) Mother as natural guardian
Codes:
(a) (b) (c) (d)
A. (ii) (i) (iii) (iv)
B. (i) (iii) (iv) (ii)
C. (iii) (iv) (i) (ii)
D. (iv) (ii) (i) (iii)
ANS: C

48. Which of the following is not a condition for a marriage under Section 5 of the Hindu Marriage Act, 1955?
A. No Sapinda and prohibited degree relationship
B. Mental capacity
C. Monogamy
D. Free consent of the parties
ANS: D

49. Read the following and answer with the help of codes given below:
A married Hindu male can adopt a child :
(i) Only with his wife’s consent.
(ii) If he has more than one wife, consent of all the wives is necessary.
(iii) In case of void marriage, consent of wife is necessary.
(iv) In case of voidable marriage, the wife’s consent is necessary.
Codes:
A. (i), (ii) and (iv) are correct, but (iii) is incorrect.
B. Only (i) and (ii) are correct.
C. (ii), (iii) and (iv) are correct, but (i) is incorrect.
D. (i), (iii) and (iv) are correct, but (ii) is incorrect.
ANS: A

50. The most proper or approved form of divorce among Muslims is
A. Triple talak B. Ahsan talak
C. Hasan talak D. Talak-al-biddat
ANS: B

51. Which of the following is not a ground of divorce under the Hindu Marriage Act, 1955?
A. Leprosy B. Insanity
C. Epilepsy D. Veneral disease
ANS: C

52. In default of the mother and female relatives, the following persons are entitled to the custody of a Muslim child:
(i) Nearest paternal grandfather
(ii) Father
(iii) Full brother
(iv) Consanguine brother etc.
Among the aforesaid the correct order of priority is:
Codes:
A. (i), (ii), (iii), (iv) B. (ii), (i), (iii), (iv)
C. (iv), (i), (ii), (iii) D. (iii), (ii), (i), (iv)
ANS: B

53. Under the Muslim Women (Protection of Rights on Divorce) Act, 1986, besides the former-husband of Muslim woman, the following relatives etc. are also liable to pay maintenance to her:
(i) Children
(ii) Other relatives
(iii) State Wakf Board
(iv) Parents Give the correct order of liability of the above with the help of codes given below:
Codes:
A. (iv), (ii), (iii), (i) B. (i), (iii), (ii), (iv)
C. (i), (ii), (iv), (iii) D. (i), (iv), (ii), (iii)
ANS: D

54. The Vienna Declaration and Programme of Action on Human Rights was adopted by the World Conference on
A. 25th June, 1993 B. 10th June, 1994
C. 15th June, 1995 D. 25th June, 1996
ANS: A

55. Which one of the following slogan was adopted for the Fiftieth Anniversary of UDHR?
A. ‘All Human Rights for All’
B. ‘Save the Child’
C. “Women Empowerment”
D. “Clean Environment For All”
ANS: A

56. Which one of the following countries originally suggested the idea of an International Treaty on the Rights of the Child?
A. United States of America
B. China
C. Poland
D. India
ANS: C

57. ‘It is my aspiration that health will finally be seen not as a blessing to be wished for, but as a Human Right to be fought for’. It was said by
A. Dr. Lee Jong-Wook
B. Dr. Boutros Boutros Ghali
C. Barack Obama
D. Kofi Annan
ANS: D

58. Match List-I with List-II and select the correct answer using the codes given below:
List-I List-II
(a) Convention relating to the status of Refugees(i) 1948
(b) American Convention on Human Rights(ii) 1963
(c) American Declaration of the Rights and Duties of Man(iii) 1950
(d) International Convention on the Elimination of All Forms of Racial Discrimination(iv) 1969
Codes:
(a) (b) (c) (d)
A. (iii) (iv) (i) (ii)
B. (ii) (iii) (iv) (i)
C. (i) (iii) (ii) (iv)
D. (iv) (ii) (iii) (i)
ANS: A

59. The General Assembly of the United Nations created the office of UN High Commissioner for Human Rights in the year:
A. 1993 B. 1994
C. 1995 D. 1996
ANS: A

60. Under Section 3(2) of the Protection of Human Rights Act, 1993 the Chairperson shall be
A. one who has been a Chief Justice of the Supreme Court.
B. one who has been a Chairperson of a National Tribunal or Commission.
C. an Eminent jurist in the field of Human Rights.
D. a judge of the Supreme Court who served not less than five years.
ANS: A

61. Match List-I with List-II and select the correct answer using the codes given below:
List-I List-II
(Case) (Maxim)
(a) Bhim Singh Vs. State of J & K injuria (i) Damnum sine
(b) Municipal Corpora tion of Delhi Subhagwanti (ii) Injuria sine Vs. damnum
(c) Nichols Vs. Marsland (iii) Res ipsa loquitur
(d) Mogul Steamship Co. Vs. McGregor Gow and Co. (iv) Vis major
Codes:
(a) (b) (c) (d)
A. (i) (ii) (iii) (iv)
B. (iv) (iii) (ii) (i)
C. (ii) (iii) (iv) (i)
D. (ii) (i) (iv) (iii)
ANS: C

62. Read Assertion (A) and Reason (R) and answer using codes given below:
Assertion (A): Making statement of fact on matters of public interest is a defence to an action for defamation.
Reason (R): If defendant in a newspaper publishes a statement of facts making serious allegations of dishonesty against the plaintiff, and subsequently could not prove the truth, the plea of fair comment shall fail as based on untrue facts.
Codes:
A. Both (A) and (R) are right and (R) is the correct explanation of (A).
B. Both (A) and (R) are right, 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: D

63. The prescriptive right of easement of access and use of light and air can be acquired if it has been:
(a) Enjoyed with interruption
(b) As a matter of concession
(c) Enjoyed without interruption as right
(d) For twenty years
Codes:
A. (a) and (b) are incorrect and (c) and (d) are correct.
B. (a) and (d) are incorrect and (b) and (c) are correct.
C. (a) and (c) are correct and (b) and (d) are incorrect.
D. (b) and (a) are correct and (d) and (c) are incorrect.
ANS: A

64. Which of the following is not true about the slander form of defamation?
A. Statement is made in some transient form.
B. It is addressed to ear.
C. Slander is always a criminal offence.
D. It is not actionable in absence of proof of actual damage.
ANS: C

65. Arrange the following cases in the chronological order by using codes:
(a) Municipal Corporation of Delhi Vs.
Sushila Devi
(b) Shyam Sunder Vs. State of Rajasthan
(c) Pushpabai Vs. Ranjit Ginning and Pressing Co.
(d) Syad Akbar Vs. State of Karnataka
Codes:
A. (d), (a), (b) and (c)
B. (b), (c), (d) and (a)
C. (b), (a), (c) and (d)
D. (a), (b), (c) and (d)
ANS: B

66. What are the rights of consumers which are to be protected and promoted by Consumer Councils under the Consumer Protection Act?
Answer by using codes below:
(a) Protection against marketing of goods and services which are hazardous to life and property.
(b) Information about quality, quantity and price of goods and services.
(c) Access to a variety of goods and services at competitive prices.
(d) Consumer education.
Codes:
A. Only (a) is correct.
B. Only (b) and (c) are correct.
C. Only (a), (b) and (c) are correct.
D. (a), (b), (c) and (d) are correct.
ANS: D

67. If a complaint is found frivolous or vexatious under the Consumer Protection Act, complainant shall pay to opposite party the cost:
(a) As specified by orders of the court.
(b) Dismissal of complaint without any cost.
(c) Not exceeding ten thousand rupees.
(d) One-tenth of the amount claimed as relief.
Codes:
A. Only (a) and (c) are correct.
B. Only (c) and (d) are correct.
C. Only (b) and (d) are correct.
D. Only (a) and (b) are correct.
ANS: A

68. Read Assertion (A) and Reason (R) and answer using codes given below:
Assertion (A): It shall not be a defence in a prosecution for an offence under Section 138 of the Negotiable Instrument Act that the drawer had no reason to believe when he issued the cheque that the cheque may be dishonoured on presentment for the reason stated in that Section.
Reason (R): Above assertion is laid down in Section 140 of the Negotiable Instrument Act.
Codes:
A. Both (A) and (R) are wrong.
B. Both (A) and (R) are right and (R) is correct explanation of (A).
C. (A) is right, but (R) is wrong.
D. (R) is right, but (A) is wrong.
ANS: B

69. Match List-I with List-II and select the correct answer using the codes given below:
List-I List-II
(Consequences of ultra vires transaction) (Judgement)
(a) Right of a member of company to get injunction against ultra vires transaction (i) Jehangir R. Modi Vs. Shamji Ladha
(b) Personal liability of directors (ii) Attorney Gen eral Vs. Great Eastern Railway Company
(c) Breach of warranty of authority to induce a third party to enter into ultra vires transaction with company (iii) Coltman Vs. Coltman
(d) Ultra vires acquired property
(iv) Weeks Vs. Propert
Codes:
(a) (b) (c) (d)
A. (ii) (i) (iv) (iii)
B. (i) (ii) (iv) (iii)
C. (ii) (i) (iii) (iv)
D. (iv) (iii) (i) (ii)
ANS: A

70. Match List-I with List-II and select the correct answer using codes given below
List-I List-II
(Exceptions to doctrine of indoor management) (Judgement)
(a) Knowledge of irregularity (i) T.R. Pratt Ltd. Vs. M.T. Ltd.
(b) Suspicion of irregularity (ii) Ruben Vs. Great Fingall Consolidated
(c) Forgery (iii) Anand Behari Ltd.Vs. Dinshaw & Co.
(d) Acts outside appa rent authority – (iv) Morris Vs. Kanssen
Codes:
(a) (b) (c) (d)
A. (ii) (iii) (i) (iv)
B. (iv) (i) (iii) (ii)
C. (i) (iv) (ii) (iii)
D. (iv) (i) (ii) (iii)
ANS: D

71. Read Assertion (A) and Reason (R) and answer using codes given below:
Assertion (A): Payer alone, whether a corporeal person or incorporeal person, shall be competent in case of dishonour of cheque.
Reason (R): Because Section 138 of Negotiable Instrument Act mandates so.
Codes:
A. Both (A) and (R) are right and (R) is correct explanation of (A).
B. Both (A) and (R) are wrong.
C. (A) is wrong, but (R) is right.
D. (A) is right, but (R) is wrong.
ANS: B

72. Which of the following statement is correct?
A. A condition is a stipulation essential to any purpose of the contract.
B. A warranty is a stipulation collateral to any purpose of the contract.
C. When a buyer waives a warranty, it becomes a condition.
D. Where a contract of sale is not severable and the buyer has accepted the goods or part thereof, the breach of any condition to be fulfilled by the seller can only be .
ANS: D

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