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Law UGC NTA NET JRF Previous Year Papers June 2011 PAPER-III

Law UGC NTA NET JRF Previous Year Papers , June 2011 PAPER-III

1. The term ‘secularism’ implies that
A. Parliament should support religions
B. State and religion are inseparable
C. State does not recognise any religion as a State religion
D. People are free to worship State recognised religion
ANS: C

2. In which of the following case the Supreme Court held that, ‘if a body is an agency or instrumentality of Government it may be an authority under Article 12’ ?
A. Ujjambai Vs. State of Uttar Pradesh
B. Ramana Dayaram Shetty Vs. The International Airport Authority of India
C. Electricity Board, Rajasthan Vs. Mohanlal
D. P.D. Shamdasaru Vs. Central Bank of India
ANS: B

3. The Supreme Court of India for the first time struck down the ‘Carry forward Rule’ as unconstitutional in the following case
A. Balaji Vs. State of Mysore
B. Rangachari Vs. General Manager, Southern Railway
C. Ashok Kumar Thakur Vs. State of Bihar
D. Devadasan Vs. Union of India
ANS: D

4. A Judge of a Supreme Court or High Court may be removed from his service by
A. The President of India
B. The Chief Justice of the Supreme Court
C. Parliament through impeachment motion
D. National Judicial Academy
ANS: C

5. Which of the following case is popularly known as ‘the Fundamental Rights’ case?
A. M.C. Mehta Vs. Union of India
B. Keshavanand Bharati Vs. State of Kerala
C. S.P. Gupta Vs. Union of India
D. Champakam Dorairajan Vs. State of Madras
ANS: B

6. Match List-I with List-II and select the correct answer using the codes given below the lists:
List-I
I. Right to go abroad
II. Right to livelihood
III. Right against sexual harassment
IV. Right to education List-II
1. Olga Tellis’s case
2. Mohini Jain’s case
3. Menaka Gandhi’s case
4. Vishakas’ case
Codes :
I II III IV
A. 4 2 1 3
B. 2 3 4 1
C. 3 1 4 2
D. 2 1 3 4
ANS: C

7. Consider the following statements relating to Kelsen’s pure theory of law
I. Law is a coercive order.
II. Law are ought propositions.
III. Law is a system of social rules.
IV. There is a hierarchy of norms, each norm being valid on the presupposed validity of some other.
Codes:
A. I, II and IV are correct.
B. II, III and IV are correct.
C. I and III are correct.
D. II and IV are correct.
ANS: A

8. Assertion (A): Ownership subject to condition subsequent is vested ownership.
Reason (R): Possession and ownership do not differ in their mode of acquisition.
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

9. Law according to Joseph Raz is a
A. Social engineering
B. Social fact
C. Political principle
D. Normative science
ANS: B

10. Match List-I with List-II and select the correct answer using the codes given below the lists:
List-I (Concepts)
I. Minimum content of law
II. Inner morality of law
III. Law with a variable content
IV. Law as a phenomenon of civilization List-II (Jurists)
1. Fuller 2. Hart
3. Kohler 4. Stammler
Codes :
I II III IV
A. 3 1 2 4
B. 2 3 4 1
C. 2 1 4 3
D. 1 2 3 4
ANS: C

11. X, an accused drove off amongst his own lambs, without knowing it, a lamb belonging to Y. After X discovered the error, he sold the lamb belonging to Y with his own lambs.
X is guilty of
A. theft
B. theft and continuing trespass
C. continuing trespass
D. none of the above
ANS: A

12. Consider the names of the following jurists associated with sociology of law and sociological jurisprudence :
I. Max Weber II. Leon Duguit
III. Ehrlich IV. Ihering The correct chronological order in which these jurists appeared on the science is
A. II, IV, I and III B. IV, I, III and II
C. I, III, IV and II D. III, IV, II and I
ANS: B

13. The Charter of the United Nations requires that the organization and its members shall act in accordance with the principles enumerated in the Charter. Which of the following is not one of such principles?
A. Sovereign equality
B. Settlement of international disputes by peaceful means
C. Promotion of human rights
D. Prohibition of threat or use of force
ANS: C

14. Human Rights Commission has been discarded in 2006 and its successor is
A. Human Rights Committee
B. Human Rights Council
C. International Committee of Red Cross
D. Amnesty International
ANS: B

15. Read Assertion (A) and Reason (R) and with the help of codes given below, point out the correct answer :
Assertion (A) :The jurisdiction of International Court of Justice is based on the consent of the parties to the dispute.
Reason (R) : Principle of reciprocity underlies the jurisdiction of International Court of Justice.

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

16. Arrange the following international instruments in order in which they were adopted. Use the codes given below :
I. The Charter of United Nations.
II. Universal Declaration of Human Rights.
III. International Covention for the Protection of Civil and Political Rights.
IV. International Convention on Elimination of All Forms of Racial Discrimination.

Codes :
A. I IV II III
B. II IV I III
C. I II IV III
D. I III IV II
ANS: C

17. Match the case decided by International Court of Justice mentioned in List-I with the year of decision mentioned in List-II and with the help of codes given below, point out the correct answer :
List-I
I. North Sea Continental Shelf Cases
II. Corfu Channel Case
III. South West Africa Case
IV. Right of Passage Over Indian Territories List-II
1. 1969 2. 1949
3. 1955 4. 1960
Codes :
I II III IV
A. 1 2 3 4
B. 2 3 1 4
C. 3 4 1 2
D. 4 3 1 2
ANS: A

18. In India, treaty-making is
A. Legislative Act
B. Executive Act
C. Judicial Act
D. Both A and C
ANS: B

19. Which section of the Hindu Marriage Act, 1955 provides the remedy of “Restitution of Conjugal Rights”?
A. Section 5 B. Section 9
C. Section 11 D. Section 13
ANS: B

20. Which of the following refers to the irrevocable form of Talaq?
A. Talaq-ul-ahsan B. Talaq-ul-Hasan
C. Talaq-ul-Biddat D. Talaq-i-Tafweez
ANS: C

21. The Special Marriage Act was enacted in the year
A. 1932 B. 1947
C. 1954 D. 1956
ANS: C

22. Assertion (A) : Break down of marriage as such is not a ground for divorce.
Reason (R) : It may result into an easy way of dissolution of marriage and shall result into instability in the society.

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

23. The main sources of Muslim law are, Holy Quran, Sunna & Ahadhis and Ijmaa.
A. True
B. False
C. Partly true and partly false
D. None of the above
ANS: A

24. The Supreme Court of India gave direction to the fact that the marriages of all persons, citizen of India, belonging to various religions should be made compulsorily registerable in those respective States where marriage is solemnized. These directions were issued in which of the following cases?
A. R.D. Upadhyay Vs. State of A.P.
B. Shastri Vs. Muldas
C. Seema Vs. Ashwanikumar
D. Kailash Sarkar Vs. Maya Devi
ANS: C

25. Consensus ad idem means
A. Common Intention
B. Meeting of Minds
C. Common Object
D. None of the above
ANS: B

26. When consent is given by mistake, agreement will be
A. Voidable B. Void
C. Illegal D. Valid
ANS: B

27. Two statements are given in this question.
One is labelled as Assertion (A) and the other is labelled as Reason (R). Examine these statements and select the correct combination of the codes.
Assertion (A) : Collateral transaction to wagering agreement is enforceable by law.
Reason (R) : Wagering agreement is not illegal.

Codes :
A. Both Assertion (A) and Reason (R) are correct.
B. Assertion (A) is correct, but Reason (R) is wrong.
C. Both Assertion (A) and Reason (R) are wrong.
D. Reason (R) is correct, but Assertion (A) is wrong.
ANS: D

28. Match List-I with List-II and select the correct answer using the codes given below the lists:
List-I
(a) General offer
(b) Contract by telephonic communication
(c) Acceptance given in ignorance of proposal
(d) Remoteness of damages List-II
(i) Bhagwandas Vs. Girdharilal
(ii) Lalman Vs. Gauridatt
(iii) Carlil Vs. Carbolic Smoke Ball Co.
(iv) Hadley Vs. Baxendale
Codes:
(a) (b) (c) (d)
A. (i) (ii) (iii) (iv)
B. (iii) (i) (ii) (iv)
C. (ii) (iv) (i) (iii)
D. (i) (iv) (iii) (ii)
ANS: B

29. When the parties to the contract agree to substitute the existing contract with new contract, it is called
A. Alteration in Contract
B. Rescission of Contract
C. Novation of Contract
D. All of the above
ANS: D

30. Where a contract contains a stipulation by way of penalty on breach of contract, the aggrieved party is entitled for compensation:
A. Stipulated amount, if actual loss is proved
B. Stipulated amount, even actual loss is not proved
C. Reasonable amount but not more than stipulated amount
D. Reasonable amount, even more than stipulated amount if loss is proved
ANS: C

31. Tort is defined as a civil wrong for which remedy is an action for
A. Unliquidated damages
B. Liquidated damages
C. Damages of all kinds
D. No damages
ANS: A

32. The exercise of ordinary rights for a lawful purpose and in a lawful manner is no wrong even if it causes damage. This is known as
A. Volenti non fit injuria
B. Injuria sine damnum
C. Damnum sine injuria
D. None of the above
ANS: C

33. ‘Respondent superior’ means
A. respondent is superior than plaintiff
B. master is superior
C. servant is not liable
D. master is vicariously liable
ANS: D

34. In remoteness of damages the main tests to determine whether damage is remote or not are
I. Test of reasonable Foresight
II. Test of Remoteness
III. Test of Directness
IV. Test of Foresightedness
A. II, III B. II, IV
C. III, IV D. I
ANS: D

35. Assertion (A) : For an ‘Act of God’ to be an exception, there is to be working of the natural forces so unexpected that no human force or skill could reasonably be expected to anticipate it.
Reason (R) : It is not an absolute exception and can be overlooked.

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

36. Assertion (A) : If a dangerous thing is brought on one’s land, its use is non-natural and if it escapes, the person can plead lack of ‘mens rea’ as a plea.
Reason (R) : The rule of strict liability cannot be applied to every such situation.
Codes:
A. (A) is correct, but (R) is wrong.
B. (R) is correct, but (A) is wrong.
C. Both (A) and (R) are correct.
D. Both (A) and (R) are wrong.
ANS: A

37. The demarcating line between intention and knowledge is
A. Non-existing B. Existing
C. Thin D. Wide
ANS: C

38. The feeling of hatredness exciting an individual is an offence of
A. Conspiracy B. Abetment
C. Defamation D. None of above
ANS: C

39. Sex with a girl with fraudulent consent amounts to
A. Simple physical assault
B. Molestation
C. Outraging of modesty
D. Rape
ANS: D

40. The requirement for fixing joint liability lies particularly on the confederation of parties because of
A. Common object
B. Common intention
C. Vicarious liability
D. Deemed to be guilty
ANS: B

41. Fundamental Rights are
A. Unrestricted Rights
B. Absolute Rights
C. Restricted Rights
D. None of the above
ANS: C

42. In order to prove the offence of dowry related act the law prescribes that
A. The demand for dowry should have been made within seven years of marriage.
B. There must be cruelty against the woman to infer dowry demand.
C. There must be a conduct of harassment only for such demand.
D. All of them
ANS: D

43. Permanent closing down of a part of place of work is called
A. Lay-off B. Retrenchment
C. Closure D. Lockout
ANS: C

44. Match List-I with List-II and select the correct answer using the codes given below the lists:
List-I (Subject)
I. Lockout II. Lay-off
III. Industrial Dispute IV. Industry List-II (Judicial Decisions)
1. Lalit Hari Ayurvedic College Pharmacy Vs.
Workers and Hospital Union
2. A.P. Dairy Development Co-Op. Federation
Ltd. Vs. Presiding Officer, Labour Court, Guntur
3. Workman Vs. Firestone Tyre & Rubber Co.
4. Kairbeta Estate Vs. Rajmanickam
Codes :
I II III IV
A. 1 2 4 3
B. 3 4 1 2
C. 2 1 3 4
D. 4 3 2 1
ANS: D

45. Consider the following judicial decisions :
I. Hindustan Steel Ltd. Vs. Presiding Officer
II. Management of KSRT Corp., Bangalore Vs.
M. Boraih
III. Pipraich Sugar Mills Vs. Mazdoor Union
IV. Management of W.B. India Ltd. Vs. Jaganath The correct sequence in which these judicial decisions were rendered is
Codes :
A. I, IV, II and III
B. IV, II, III and I
C. II, III, I and IV
D. III, II, IV and I
ANS: D

46. Assertion (A) : Definition of lay-off as given under the Industrial Disputes Act does not confer any power on the management to lay-off.
Reason (R) : Financial stringency cannot constitute a ground for lay-off.
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

47. Consider the following statements :
I. Lockout indicates the closure of the place of business.
II. Lockout indicates the closure of the business itself.
III. Suspension of work due to trade reasons constitute lockout.
IV. Lockout does not include discharge.

Codes :
A. I, II and III are correct.
B. II and III are correct.
C. I and IV are correct.
D. II and III are correct.
ANS: B

48. A union leader or an office-bearer of the trade union has immunity from
A. transfer B. misconduct
C. civil proceedings D. deliberate trespass
ANS: C

49. The maxim Res ipsa loquitur is a rule of
A. evidence
B. criminal law
C. refutal of evidence
D. vicarious liability
ANS: A

50. Which of the following pairs is not correctly matched?
A. Distinction between de facto and de jure recognition is political — The Arantzaju Mendi’s Case
B. Status of customary international law in England — Maclaine Watson’s Case
C. Treaty making power of the central executive — Shrikrishna Sharma Vs. State of West Bengal
D. Binding character of an arbitral award — Maganbhai Ishwarbhai Vs. Union of India
ANS: B

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