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

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

1. Which of the following statement(s) is/are incorrect?
(a) In Keshavananda Bharati case, the Supreme Court has said that the Preamble to the constitution is a key to open the mind of the makers.
(b) “Socialist and Secular” words were added to the Preamble by 44th Amendment of the Constitution.
(c) Preamble can only be amended if it violates the Basic Structure of the Constitution.
(d) Since Preamble is not Articled so it is not the part of the Constitution.
Codes:
A. only (b)
B. (c) and (d)
C. (a), (b) and (c)
D. (a), (b), (c) and (d) all are incorrect
ANS: D

2. Match List-I with List-II and give the correct answer by using the codes given below the Lists:
List-I List-II
(a) Article 329 (i) Golak Nath Vs. State of Punjab
(b) 10th Schedule Part-7 (ii) Keshavananda Bharati Vs. State of Kerala
(c) Article 31-C (iii) Indira Nehru Gandhi
Vs. Raj Narain
(d) Article 13(2) (iv) Kihota Vs. Zachilhu
Codes:
(a) (b) (c) (d)
A. (ii) (i) (iii) (iv)
B. (iii) (iv) (ii) (i)
C. (iv) (iii) (i) (ii)
D. (i) (ii) (iv) (iii)
ANS: B

3. “If I was asked to name any particular Article in this Constitution as the most important an Article without which this constitution would be a nullity I could not refer to any other Article except this one (Article 32) …………….
It is the soul of the Constitution and the very heart of it”.
Whose observations are these?
A. Justice P.N. Bhagwati
B. Dr. B.R. Ambedkar
C. Justice V.R. Krishna Iyer
D. Pundit Jawahar Lal Nehru
ANS: B

4. Which of the following statement(s) is/are incorrect?
(a) Chapter III on Fundamental Rights of the Constitution is based upon Bill of Rights of the U.S.A.
(b) ‘Right to die’ is a Fundamental Right Under Article 21 of the Constitution.
(c) Indian Constitution is a Complete Federal Constitution.
(d) Fundamental Rights can be waived under the Indian Constitution.
Codes:
A. only (b) B. (c) and (d) only
C. (b) and (c) only D. (b), (c) and (d)
ANS: D

5. Match List-I with List-II and give the correct answer by using the codes given below the Lists:
List-I List-II
(Principles) (Case Law)
(a) Equal work for Equal pay (i) R.D. Shetty Vs. The International Airport Authority of India
(b) “Agencies or Instrumentalition” of the State are covered under the definition of State Under Article 12 of the Constitution (ii) Rudal Sah Vs. State of Bihar
(c) Fundamental Rights and Directive Principles of state policy are supplementary and complimentary to each other
(d) Damages can be awarded for violation of Fundamental Rights Under Article 21 of the Constitution (iv) Unikrishnan Vs. State of A.P.
Codes:
(a) (b) (c) (d)
A. (iii) (i) (iv) (ii)
B. (i) (ii) (iii) (iv)
C. (iv) (iii) (i) (ii)
D. (ii) (iv) (iii) (i)
ANS: A

6. Match List-I with List-II and give the correct answer by using the codes given under the Lists:
List-I List-II
(Added/Amended (Amendment) Provisions)
(a) Article 15 clause (4) providing for special provisions for socially and educationally backward classes. (i) 25th Amendment Act, 1971
(b) Article 13 clause (4) providing for nothing shall apply to any constitutional amendment. (ii) Constitution (85th Amendment) Act, 2001
(c) Article 16 clause (4 A) providing for consequential seniority with promotion to SC/ST. (iii) Constitution (86th Amendment) Act, 2002
(d) Article 21 A providing for Right to Education as Fundamental Right (iv) Constitution (1st Amendment) Act, 1951.
Codes:
(a) (b) (c) (d)
A. (i) (ii) (iii) (iv)
B. (iv) (i) (ii) (iii)
C. (iii) (iv) (i) (ii)
D. (ii) (iii) (iv) (i)
ANS: B

7. Assertion (A): Powers and functions are distributed between the two tiers of government under the written Constitution in India.
Reason (R): Union and the States are completely independent of each other under the Indian Constitution.
Codes:
A. (A) is correct and (R) is the correct explanation of (A).
B. (A) is correct, but (R) is not the correct explanation of (A).
C. (A) is correct, but (R) is wrong.
D. (A) is wrong, but (R) is correct.
ANS: C

8. Which of the following school in jurisprudence encompasses the ‘functional approach’?
A. Philosophical school
B. Natural school
C. Sociological school
D. Historical school
ANS: C

9. A legal system which works to ensure a fair division of social benefits and burdens among the members of a community. It serves to secure a balance and equilibrium among the members of the society. What is the name of this legal system?
A. Distributive justice
B. Corrective justice
C. Remedial justice
D. Adversarial justice
ANS: A

10. Which of the following is not correct regarding Legislation and Precedent?
A. Legislation reflects the formal will of the state and precedent has its source in judgement of court
B. Legislation is the formal expression of new laws by legislature and precedent is the creation of law by recognition
C. Legislation is general declaration of law in abstract form and precedent is the manifestation of law in action
D. Legislations are based on the minority opinion and precedents are created or based for future decisions
ANS: D

11. Read Assertion (A) and Reason (R) and give the correct answer with the help of 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. (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: C

12. Which of the following is not a ‘kind of possession’?
A. De facto and De jure
B. Concurrent and duplicate
C. Corporeal and Immediate
D. Infinity and Antequity
ANS: D

13. Which of the following are elements of legal right?
A. Responsibility, Liability and Power
B. Subject, Object and Title
C. Liability, Title and Accountability
D. Accountability, Responsibility and Impartiality
ANS: B

14. “International Law or the Law of Nations is the name of body of rules which according to the usual definitions regulate the conduct of the states in their intercourse with one another”. Who has given this definition?
A. Hack Warth
B. Charles G. Fenwick
C. Gray
D. Whiteman
ANS: C

15. In which of the following cases the Permanent Court of International Justice applied the general principle of Subrogation?
A. Chorzow Factory (indemnity case)
B. Case Concerning the Temple of Preah Vihear
C. Bracelona Traction Case
D. Mavrommatis Palestine Concessions Case
ANS: D

16. In which of the following cases Justice Gray remarked : “International law is a part of our law and must be ascertained and administered by the courts of justice of appropriate jurisdiction as often as questions of rights depending on it are duly presented for administration.”
A. Nicaragua Vs. U.S.
B. Paquete Habana case
C. U.S. Vs. Schooner
D. U.S. Vs. Canada
ANS: B

17. Match List-I with List-II and give the correct answer by using the codes given below the Lists:
List-I List-II
(Charter of the United Nations) Titles (Number of the Chapter)
(a) Membership (i) Chapter XIV
(b) The Security Council (ii) Chapter II
(c) The International Court of justice (iii) Chapter V
(d) The General Assembly (iv) Chapter IV
Codes:
(a) (b) (c) (d)
A. (i) (ii) (iii) (iv)
B. (ii) (iii) (iv) (i)
C. (ii) (iii) (i) (iv)
D. (iv) (i) (ii) (iii)
ANS: C

18. Who has observed, “De Facto recognition is by nature provisional and may be made dependent upon conditions which the new entity has to comply. It differs from De Jure recognition, in that there is not yet a formal exchange of diplomatic representatives. De Jure recognition ……….. is complete, implying, full and normal diplomatic relations”.
A. Lauterpacht
B. Philip C. Jessup
C. Oppenheim
D. Schwarzenberger
ANS: D

19. Assertion (A): International customs used to be the most important source of International Law in the past.
Reason (R): The development of custom is very slow and as compared to it rapid changes made through Treaties.
Codes:
A. Both (A) and (R) are correct and (R) is the correct explanation of (A)
B. Both (A) and (R) are correct, but (R) is not the correct explanation of (A)
C. (A) is correct, but (R) is false
D. (A) is false, but (R) is correct
ANS: B

20. Marriage under the Hindu Marriage Act, 1955 is:
A. Purely contractual
B. Purely sacramental
C. Semblance of contract and sacrament
D. Neither contractual nor sacramental
ANS: C

21. Match the 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) Monogamy (i) Section 10
(b) Judicial separation (ii) Section 5
(c) Void Marriage (iii) Section 11
(d) Divorce by Mutual Consent (iv) Section 13-B
Codes:
(a) (b) (c) (d)
A. (ii) (i) (iii) (iv)
B. (i) (iii) (iv) (ii)
C. (ii) (iii) (iv) (i)
D. (iv) (iii) (i) (ii)
ANS: A

22. Which of the following are fault grounds of divorce under the Hindu Marriage Act, 1955?
(a) Extra marital sex
(b) Consent obtained by force or fraud
(c) Desertion
(d) Conversion to non Hindu religion
Codes:
A. (a), (b) and (c) B. (b), (c) and (d)
C. (b), (a) and (d) D. (a), (c) and (d)
ANS: D

23. A Muslim male is prohibited from marrying the following relations:
(a) Mother, Grand-mother (how high so ever)
(b) Daughter, Grand-daughter (how low so ever)
(c) Aunt, Great-aunt (how high so ever, whether paternal or maternal)
(d) Niece, Grand-niece (how low so ever)
Codes:
A. (a), (c) and (d) B. (d), (b) and (a)
C. (b), (c), (d) and (a) D. (c), (b) and (d)
ANS: C

24. The Dissolution of Muslim Marriage Act, 1939 makes available the following grounds of divorce to a Muslim woman married under Muslim Law:
(a) Seven years imprisonment of the husband.
(b) No maintenance by husband for 2 years.
(c) Whereabouts of the husband are not known for a period of 4 years.
(d) Failure of husband to perform marital obligation for a period of 3 years.

Codes :
A. (c), (b) and (d) B. (a), (b), (c) and (d)
C. (b), (c) and (a) D. (a), (b) and (d)
ANS: B

25. The ancient sources of Hindu Law include:
(a) Shruti
(b) Smriti
(c) Customs
(d) Digests and Commentaries
Codes :
A. (b), (c) and (d) B. (d), (a) and (b)
C. (a), (b) and (c) D. (d), (c), (b) and (a)
ANS: D

26. Originally under the Hindu Marriage Act, 1955, divorce was based on:
A. Fault theory only
B. Breakdown theory
C. Consent theory
D. Fault and consent theories
ANS: A

27. “A grocer supplied goods worth ` 6,000 on credit to A. In addition the grocer solicited a donation of ` 2,000 for his sons education to which A consented. Later A refused to pay both sums as he lost money on stock transaction”. Which one of the following is correct while deciding the liability of A?
(a) A has already availed of the benefits in terms of goods supplied, hence consideration between the two binds A to pay.
(b) A is not bound to pay ` 2,000 as it a gift which is not enforceable in Law.
(c) A is liable to pay both sums as it is a promise between A and grocer.
(d) A is not liable to pay either of the sums as both of them are joint and not separate.
Codes:
A. (a) and (b) B. (a) and (c)
C. (b) and (d) D. (c) and (d)
ANS: A

28. “X makes an offer to Y. X dies the next day, but Y does not know of the death. Y sends a communication to the address of X accepting the offer”. Is the agreement formed between the parties? Choose the correct answer.
(a) Requirements of offer followed by acceptance are met.
(b) Absence of knowledge of death will not invalidate the agreement.
(c) No meeting of minds which does not render it to agreement.
(d) Death of the offerer reduces it to nullity.
Codes:
A. (a) and (c) B. (a) and (b)
C. (c) and (d) D. (b) and (d)
ANS: B

29. Match items of Group-A with those of Group-B and choose the correct answer using codes:
Group-A Group-B
(a) Food Corporation (i) Impossibility of of India Vs. Ram performance Keshav Yadav
(b) Kedar Nath (ii) Capacity of minor Bhattacharji Vs. to enter into Gori Mohammed contract
(c) K. Balakrishnan (iii) Offer and
Vs. K. Kamalam acceptance
(d) Satyabrata Goshe (iv) Consideration
Vs. Mugneeram Bangar and Co.
Codes:
(a) (b) (c) (d)
A. (iv) (ii) (iii) (i)
B. (iv) (iii) (ii) (i)
C. (iii) (iv) (ii) (i)
D. (i) (ii) (iii) (iv)
ANS: B

30. Agreement without consideration is valid under Indian Law. Among the following statements choose the one which is against this rule:
A. When agreements written exist on account of natural love and affection.
B. When the consideration is too inadequate.
C. Where the consideration is past one.
D. Where the consideration is from third party.
ANS: B

31. Choose the incorrect combination:
A. Proposal + Acceptance = Promise
B. Promise + Consideration = Agreement
C. Agreement + Enforceability = Contract
D. Proposal + Consideration = Acknowledgment
ANS: D

32. Match items of Group-A with Group-B and answer the correct one given in the code:
Group-A Group-B
(a) Doctrine of unjust (i) Section 11 of enrichment Contract Act
(b) Doctrine of absolute (ii) Section 56 contract
(c) Doctrine of Estoppel (iii) Section 72
(d) Doctrine of Pari (iv) Section 23 Delicto
Codes:
(a) (b) (c) (d)
A. (i) (iii) (ii) (iv)
B. (ii) (iii) (i) (iv)
C. (iii) (ii) (i) (iv)
D. (iv) (ii) (iii) (i)
ANS: C

33. “Just as the criminal law consists of a body of rules establishing specific offence, so the law of torts consists of a body of rules establishing specific injuries”. Who stated this?
A. Austin B. Salmond
C. Winfield D. Pollock
ANS: B

34. Consider the following elements:
(a) Infringement of a legal right
(b) Any damage
(c) Existence of a legal right
(d) Legal damages Right to claim damages in tort would arise only if:
Codes:
A. (d), (b) and (a) are present
B. (b) and (d) are present
C. (a), (c) and (d) are present
D. (b), (c) and (a) are present
ANS: C

35. Assertion (A) : X opens a food court in front of Y’s ‘food joint’. All the customers of Y patronise X. Y cannot claim damages from X.
Reason (R): There is a Latin maxim ‘damnum sine injuria’.
Give the answer using the following Codes:
Codes:
A. (A) is true but (R) is false
B. (A) is false but (R) is true
C. Both (A) and (R) are true but (R) is not the correct explanation of (A)
D. Both (A) and (R) are true and (R) is the correct explanation of (A)
ANS: D

36. In contributory negligence:
A. Only one party is negligent and other has not taken due care.
B. Both parties have contributed to negligence equally.
C. Lack of care is equal on both sides.
D. One party is negligent resulting in injury while the other has taken due care.
ANS: A

37. Match List-I with List-II and select the correct answer using the codes given below:
List-I List-II
(Principle) (Associated Case)
(a) Absolute Liability (i) Gloucester Grammar School
(b) Damnum sine injuria (ii) Ashby vs. White
(c) Injuria sine damnum (iii) Stanley vs. Powel
(d) Inevitable accident (iv) Ryland vs.
Fletcher
Codes:
(a) (b) (c) (d)
A. (i) (ii) (iii) (iv)
B. (ii) (iii) (iv) (i)
C. (iv) (ii) (i) (iii)
D. (iii) (i) (ii) (iv)
ANS: D

38. Which one of the following is not a valid defence in tort?
A. Vis major
B. Volenti non fit injuria
C. Inevitable accident
D. Scienti not fit injuria
ANS: D

39. Fill in the gap:
The actus reus of omission commands ……. .
A. There must be moral duty.
B. There should be legal duty to act.
C. The state has option to fix criminal liability.
D. The act performed is due to unavoidable accident.
ANS: B

40. Several persons can be vicariously liable for the Criminal act of another provided there is prior meeting of mind between the persons.
Which of the objectives of Criminal Law is applied in such a Case?
A. A pre-arranged plan with intention of performing the act.
B. A pre-arranged plan for causing injury.
C. A pre-arranged plan to kill the deceased whether fatal blow was given by that accused or not.
D. The pre-arranged plan must be incompatible with the innocence of the accused.
ANS: C

41. The applicability of the principle on common object has two essential features. One purpose is that the object must import a high degree of probability; while the other purpose is:
A. An act committed immediately connected to the common object of the assembly.
B. The member must have prior knowledge that there is possibility of the happening of the act.
C. The Co-accused knows that he will be responsible for offence that is likely to be committed.
D. The object was to cause simple injury but a fatal injury resulted.
ANS: A

42. In which of the cases the measures of selfdefence is considered to be proportionate to the quantum of force by the person accused for an offence?
A. Aggression
B. Accident
C. Apprehension
D. Assault of harmless nature
ANS: C

43. Ignorance of law does not permit acquittal as it is built against justification of a Crime while in extreme cases it allows:
A. Pardon
B. Suspended sentence
C. Deferred sentence
D. Paper sentence
ANS: A

44. In which of the circumstances an inchoate instigation to Commit a Crime is said to be incomplete?
A. Withdrew from the act after instigation.
B. The letter posted could not reach the person so sent.
C. When the purported crime is different from that of instigation.
D. When the crime results through the conspiracy of another person.
ANS: C

45. Read Assertion (A) and Reason (R) and answer using codes given below:
Assertion (A): Managers collectively bargain with labourers to get cheapest labour rates and derive maximum benefit from labourers.
Reason (R): Management must manage to maximise profits for company and give maximum dividend to shareholders. Management must be economically sound.
Codes:
A. Both (A) and (R) are correct and (R) is correct reason of (A).
B. (A) is right, but (R) is wrong.
C. (A) is wrong, but (R) is right.
D. Both (A) and (R) are correct, but (R) is not the correct answer for (A).
ANS: C

46. An Independent Industrial Relation Commission to provide labour welfare in India was recommended by:
A. Ramanujam Committee
B. Madhavan Committee
C. Vasudevan Committee
D. Santhanam Committee
ANS: A

47. Match List-I with List-II, using codes given below. Answer in context of rights and liabilities of trade unions:
List-I List-II
(a) Convey vs. Wade (i) Role and right of minority trade unions
(b) Rohtas Industries Staff Union vs. Bihar (ii) Inducement to break a contract without violence is permissible
(c) Chairman, S.B.I. vs. Orissa Bank Association (iii) Amplification of scope of immunity provisions for striking employees
(d) Food Corporation of India Staff Union vs. F.C.I. (iv) Secret ballot is valid as a credible system for determining the r e pr e s e n t a t i v e character of a trade union in a multi union establishment
Codes:
(a) (b) (c) (d)
A. (iii) (ii) (i) (iv)
B. (ii) (iii) (i) (iv)
C. (iii) (ii) (iv) (i)
D. (i) (iv) (ii) (iii)
ANS: B

48. Read Assertion (A) and Reason (R) and answer using codes given below:
Assertion (A) : Civil servants are engaged in the task of sovereign and regal task of the Government and as such they can be included with the definition of ‘workman’ in an ‘industry’ as contemplated in Section 2(s) and 2(j) of the Industrial Disputes Act.
Reason (R): Because Tamil Nadu, N.G.O. Union
Vs. Registrar of Trade Unions decided so.
Codes:
A. (A) and (R) are correct, and (R) is the correct reason of (A)
B. (A) and (R) are correct, but (R) is not the correct reason of (A)
C. (A) is correct, but (R) is wrong
D. Both (A) and (R) are incorrect
ANS: D

49. Which of the following statements, is correct?
A. A Trade Union cannot constitute a separate or political fund under Section 6(1) of the Trade Union Act.
B. The general fund of a trade union cannot be utilised for the purpose stipulated in Section 15 of Trade Union Act.
C. Trade Unions are not immune from civil and criminal liability.
D. Certain officers of trade union, who are styled as protected workmen, are given certain safeguards in the matter of alteration of service conditions and termination of service during the pendency of any proceeding in respect of an industrial dispute.
ANS: D

50. Which of the following is incorrect?
A. An Employee having less than one year of continuous service will not be retrenched.
B. One months notice with reasons and one months wages in lieu of such notice is necessary.
C. Employee is entitled to compensation equivalent to 15 days average pay for every completed one year.
D. Serving of notice to appropriate Government or any such authority is not mandatory .
ANS: [email protected]

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