Exam Details

Subject law
Paper paper 2
Exam / Course ugc net national eligibility test
Department
Organization university grants commission
Position
Exam Date June, 2014
City, State ,


Question Paper

1. In which of the following cases, the Supreme Court held that 'the preamble is the part of the constitution'

Berubari union and Exchage of enclave


Golaknath v/s State of Punjab


Kesavananda Bharati v/s State of Kerala


None of the above



2. Clause(5) of article-15 has been added to the constitution by

Constitution (First Amendment) Act


Constitution (Seventh Amend­ment) Act


Constitution (Forty-second Amendment) Act


Constitution (Ninety-third Amendment) Act


3. Match List-I with List-II and select the correct answer using the codes
given below the lists
List I List ii
i. Equal justice and free legal aid a. Article-44
ii. Uniform civil code for citizens b. Article-48A
iii Protection . improvement
environment safeguarding forests and life. c. Article-39A
iv. Promotion international and security d. Article 51

Codes
Codes

i ii iii iv

c b d a

c a b d

a b c d

d a b c


4. Rights of a citizen under Article-19 are automatically suspended during the period of emergency, if emergency under Article-352 is declared on the grounds of

war, external aggression or armed rebellion


war or armed rebellion


external aggression or armed rebellion


war or external aggression



5. In which of the following cases the supreme court has held that the word in Article-21 does not mean merely an enacted piece of law but must be just, fair and reasonable law

A.K. Gopalan v/s State of Madras


Maneka Gandhi v/s Union of India


Both and above


None of the above



6. A distinguished jurist can be appointed as a judge of the

high court only


supreme court only


high court or supreme court both


none of the above



7. 'Which cannot be done directly, cannot be done indirectly.' This statement epitomises the doctrine of

colourable legislation


pith and substance


harmonious construction


eclipse



8. Match List-I with List-II by using the codes given below
Possession must be protected because
List- I List II
1. Kent a. Man by taking possession has brought the object within his sphere of will.

2. Hegal b. In possession there is manifestation of individual's will.

3. Hollard c. Every act of violence is unlawful.

4. Savigny d. It is essential for preservation of peace.


Codes
1 2 3 4

c b d a


a d b c


b d c a


a b c d



9. Which one of the following statements is not correct

Austin and Kelson did much to rescue jurisprudence from the so-called confusion of social sciences.


Historical school of jurisprudence was a reaction against a prior methods of reasoning of eighteen century natural law.

Cujas and Hugo also applied the historical approach in the study of law.


Savigny did not discard the principle of natural law.



10. Match List-I (Name of Books) with List-II (Name of Writers) and select the correct answer

List I List II
a. Pure theory of 1. Hans Kelson law

b. Three lectures 2. Max Muller on Vedanta philosophy

c. Judiciary 3. Justice V.D. attacks and Tulzapurkar survivals

d. The growth of 4. Justice law Cardozo

Codes
a b c d

1 2 3 4


4 3 2 1


3 1 4 2


2 4 1 3



11. The term 'Legal Theory' has been first time coined by

Hans Kelson


W. Friedman


Salmond


Ronald Dworkin



12. Which of the following statement is not true about the conformity of custom

It should be in conformity with public policy.


It should be in conformity with statutory law.


In England, custom will be recognised even if it is in conflict with some fundamental principles of law.


The custom must not be in conflict with tradition.



13. "No one has any other right than always to do his duty." It was stated by

Kelsen


Prof. Duguit


Holland


Salmond



14. Assertion Custom is per se law, independent of its prior recognition by the sovereign or the judge.
Reason Custom is a source of law.

Codes

Both and are true but is the correct explanation of


Both and are true but is not a correct explanation of


is true but is false.


is false but is true.



15. Assertion According to John Austin, international law is true law and not negative international morality.
Reason Three elements in Austin's definition of law, namely command of the sovereign, duty of inferiors and sanction incase inferior who commit breach of the command are absent in international law.


Codes

Both and are true and is the correct explanation of


Both and are true but is not a correct explanation of


is true but is false.


is false but is true.



16. "International law is international morality or ethics, international courtesy or convention in the social sense of the word, comity as distinguished from rule of law." Above statement is attributed to

Hobbes


Pufendorf


Bentham


Kelsen



17. Match List-I with List-II and select the correct answer using the codes given below

List I List II

i. International a. Peace keeping custom
ii. United Nations b. Source of international law
iii Enforcing c. Entry 14, list I judgement of read with international Article-73. court of justice
iv. Nirmal bose d. Political v/s Union of mechanism India, AIR Calcutta, p.506

Codes
i ii iii iv

b a d c


a b d c


a b c d


d b a c


18. Estrada doctrine relates to

Necessity of recognition


form of recognition


No necessity of recognition


Recognition is superficial


19. Principle of United Nation is

Some sovereigns are more equal than others.


Member nations have rights but no obligations.


All members shall settle their international disputes by peaceful means.


All members shall settle their national disputes by peaceful means.


20. Doctrine of forum prorogatum means

Jurisdiction cannot be conferred upon an existing tribunal not otherwise competent by the litigants during the proceedings.

Jurisdiction can be conferred upon an existing tribunal not otherwise competent by the litigants during the proceedings.

Jurisdiction can be conferred upon an existing tribunal not otherwise competent by the litigants after the proceedings.

None of the above


21.
Assertion Nikah is a regular and permanent form of marriage among Muslims.

Reason Muta is contractual form of marriage and is most uncommon in India.
Codes

Both and are correct.


is correct but is false.


is correct but is wrong.


Neither is correct nor is correct.



22. Where a Hindu male and Hindu female contract their marriage under the special Marriage Act, 1954, Hindu personal law

Applies to such marriage


Does not apply


Applies with some modifications


Applies with Indian Contract Act



23. When two persons are descendants of a common ancestor but by different wives, they are said to be related to each other by

Full Blood


Uterine Blood


Half -Blood


None of the above



24. The term "Hindu" denotes the persons
professing Hindu religion
professing Buddh, Jain or Sikh religion
who are not professing Muslims Christian, Parsi or Jain religion.

In respect of the aforesaid propositions which is correct

and are correct and is incorrect.


and are correct and is incorrect.


and are incorrect but is correct.


and all are correct.



25. Assertion A having a wife alive, marries another wife. The marriage is void.
Reason Monogamy is the Law. Codes

Both and are true.


Both and are false.


is true but is false.


is false but is true.


26. A marriage under Muslim law between persons with fosterage relationship is

Sahih


Batil


Fasid


None of the above


27. Under the Indian Contract Act, acceptance of proposal should be

Conditional or Unconditional


Conditional but not absolute


Unconditional and absolute


Unconditional but not absolute


28. In Indian Contract Act, the term voidable contract has been defined under

Section


Section


Section


Section


29. Contractual liability arises, where

there is offer and acceptance only


there is intention to create legal relation


there is loss to one party


the loss of one party is the gain of other party


30. There may be a contract without consideration, if

agreement is in writing and registered.


parties to the agreement are in near relationship.


agreement is made due to natural love and affection.


All the above elements are present.


31. An agreement of trade combination to regulate legal trade in organised way is

Void

Voidable

Legal

Illegal



32. Which one of the following statements is true

Intimation of minimum price is proposal.


An agreement against public policy is voidable.


An agreement, the meaning of which is not certain is void.


Contingent contracts are illegal.



33. Which one of the following is correct

Damages can be dispensed with in tortü


Damages cannot be awarded in tort when other remedies are provided by a statute


A remedy by way of damages is essential ingredient of tort


Damages can be awarded only if there is a physical injury



34. After considering the following, choose the right choice
1. infringement of a legal right

2. legal damage

3. any damage

4. existence of a legal right Right to claim damages in tort would arise only if


2 and 3 are present.


2 and 4 are present.


3 and 4 are present.


All 4 are present.



35. Mental condition of the wrong doer is

relevant in all torts


not relevant in tortious liability


relevant in case of strict liability


relevant in torts based on fault



36. P voluntarily accepted lift from D who was drunk and driving the car. D was affected by the drink and this was known to P. D caused the accident in which P suffered injury. Here,

D can escape the liability because P was aware of risk.


D is liable because P did not agree to suffer the harm.


D is not liable because he gave free lift to P.


D is liable because the degree of intoxication was not to such an extent that it can be assumed that there was voluntary assumption of risk by P.



37. A rickshaw was being pulled by the rickshaw puller with three passengers on board, which was against law. A bus was being driven rashly and negligently by its driver. The bus collides with rickshaw resulting into damage to rickshaw and injury to rickshaw passengers. Here

passengers cannot claim compensation from bus operator for the injury as they themselves were not acting according to law.


passengers cannot claim compensation from bus operator as there was contributory negligence on their part.


passengers can claim full compensation from bus operator as their negligence has not contributed to their injury.


passengers are entitled for compensation which shall be proportionally reduced taking into account their illegal act.



38. Consider the following and then select the right code
1. Absolute liability implies liability without fault.

2. In case of absolute liability defendant is liable for the injury if his act is the direct and proximate cause of plaintiff's injury.

3. Absolute liability is the liability of the defendant without any defence.

4. In absolute liability, defendant can escape the liability if he can prove that the damage was the result of an act of stranger.


Codes

2 and 4 are correct.


2 and 3 are correct.


2 and 3 are correct.


1 and 4 are correct.



39. Causing one thing to resemble another thing is known as

Counterfeit

Deception

Cheating

All of them



40. A private libel is not considered as strict liability because

There is no common injury or danger inferred from the facts


It was the result of bonafide belief


It is not a statutory offence


The principles of Rayland v/s Fletcher is not applicable



41. Assertion The principle of common intention applies when a criminal act is done by several persons in furtherance of that intention.

Reason A intentional cooperation for committing an offence culminated from several acts.


Codes

is true but is not the reason.


Both and are true and is the reasonable explanation of .


Both are distinctive offences and is not dependent on


is false but is true.



42.
Assertion The right of private defence does not depend upon the actual criminality of the aggressor but on the wrongful character of the act attempted.

Reason Even if an act is treated as offence the right of private defence arises against the author despite his personal incapacity.


Codes

is correct principle because is the right reason.


is untenable under law while is the justifiable cause.


is the law on an unlawful act while results without mens rea.


is not true while is false.



43. The maxim "De Minimis non curat" relates to

Slight harm


Trifles


Exhibition of disrespect


Annoyance



44. Instigating or engaging in a conspiracy or intentionally aiding a person to commit an offence is better known as

Principal Crime


Second Degree Crime


Wilful mis-representation


Abetment



45. The First Come Last Go, and the Last Come First Go rule is associated with

Strike


Lock out


Retrenchment


Closure



46. One of the following is not the duty of works committee under the Industrial Disputes Act.

To promote measures for securing and preserving amity and good relations between the employees and workmen.


To form groups among workmen and strengthen mediation between employer and employee.


To achieve the object, it is their duty to comment upon matter of common interest or concern of employers and workmen.


to endeavour to compose any material difference of opinion in respect of matters of common interest or concern between employers and workmen.



47. An unregistered trade union has one of the following disadvantage

It can acquire and hold both movable and immovable property.


It has no corporate existence.


It can contract through agents.


It is a legal entity.



48. In order to entitle the workmen to wages for the period of strike, the strike should be legal as well as justified. The above principle was laid down in one of the following case by the apex court

Crompton Greaves v/s The workmen AIR 1978 SC.


Ballarpur collieries v/s C.G.I.T Dhanbad AIR 1972 SC.


Management of India Radiatiors Ltd and another v/s presiding officer and another AIR 2003 II LLJ


Workmen of Motor Industries Co. Ltd v/s Management of Motor Industires Co Ltd AIR 1969 SC.



49. In one of the following case the Supreme Court held that when retrenchment of a workmen is invalid reinstatement can be ordered

Harindara Singh v/s Punjab State warehousing Corporation 2010 II LLJ SC


Surendara Kumar Verma v/s Central Govt. Indl. Tribunal 1981 ILLJ SC


Management W.B. India Ltd v/s Jagannath AIR 1974 SC


Pioneer Ltd v/s Tajdar Hussain AIR 1974 SC



50. In which of the following, the members of the registered trade union can claim immunity in criminal cases

The combination of two or more members of a registered trade union act in furtherance of a trade dispute.


The combination of two or more members of a registered trade union act with an intention to create loss or damage to the properties of the employer.


The trade union leaders in exercise of the managerial powers direct the workers from abstaining to do the work.


The members of a trade union act in combination with an intention to coerce the employer to acced to their demands.


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