Exam Details

Subject law
Paper paper 3
Exam / Course ugc net national eligibility test
Department
Organization university grants commission
Position
Exam Date June, 2014
City, State ,


Question Paper

1. 'The constitution establishes a system of government which is
the correct answer using the codes almost quasi-federal ……. a unitary
given below state with subsidiary federal features This is the opinion of

K.C. Wheare

Jennings

A.V. Dicey

None of the above

2. Match List-I with List-II and select pith and v/s Income Tax the correct answer using the codes
substance Commissioner given below
Codes

List I List II
i. Appointment of Judges a. Article-124
ii. A Court of Record b. Article-129
iii. Appeal in civil cases c. Article-133
iv. Certificate for appeal to Supreme Court d. Article-134A
Codes
i ii iii iv
a b c d

a c b d

a b d c

b a d c

3. The constitution of Election The law made by parliament Commission is provided in the whether it is passed before or constitution under after the law made by state

Article-323

Article-324

Article-327

Article-329


4. Match List-I with List-II and select the correct answer using the codes given below
List I List II
i. Doctrine of Eclipse a. RMDC v/s Union of India
ii. Doctrine of severability b. State of Bombay v/s F.N. Balsara
iii. Doctrine of Waiver c. Bhikaji v/s State of M.P.
iv. Doctrine of pith and substance d. Bashesher Nath v/s Income Tax Commissioner
Codes

i ii iii iv

c b d a

b c a d

c a d b

d b c a

5. In case there is any inconsistency between the laws made by parliament and the laws made by the state
legislature, which one of the following shall prevail

The law made by parliament only if it is passed before the law made by state legislature.

The law made by parliament only if it is passed after the law made by state legislature.

The law made by parliament whether it is passed before or after the law made by state legislature.

The law made by state if it is passed after the law made by parliament.

6. Which of the following statements is true

All self incriminatory statements are valid.


All self-incriminatory statements are violative of article. 20(3).


Self incriminatory statements furnished under compulsion are violative of article. 20(3).


None of the above.



7. Assertion Under Article-368,the parliament can amend any part of the constitution of India.

Reason The parliament is supreme legislative body elected by people of India.

Codes

Both and are true and is the correct explanation of


Both and are true but is not the correct explanation of


is true, but is false.


is false, but is true.



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

List I List II
i. Seperation of a. Article-judiciary from 51 executive
ii. Promotion of b. Article-international 48A peace and security
iii. Organisation of c. Article-village panchayats 50
iv. Protection and d. Article-improvement of 40 forests and wild life

Codes
i ii iii iv

a b c d


c a d b


c b d a


b a c d

9. Lokpal or Lokayukta is competent to

Discharge the functions of administrative officer.


Investigate complaints involving grievances in respect of administrative actions.


Conduct inquiry against administrative officer for disciplinary action.


Give observations and recommendations in respect of administrative actions to the government.



10. Assertion Indian Constitution has not recognized the doctrine of separation of power in its absolute rigidity.

Reason Doctrine of separation of power accommodates a system of checks and balances.


Codes

Both and are true and is the correct explanation of


Both and are true but is not the correct explanation of


is true, but is false.


is true, but is false.



11. Administrative law is concerned with the operation and control of the powers of administrative authorities with emphasis on functions rather than on structure. This definition was given by

K.C. Davis


Jennings


A.V. Dicey


Wade



12. Which one of the following is not basic source of administrative law

Custom


Delegated legislation


Ordinance promulgated by Governor


Reports of the committees and commission



13. Doctrine of pleasure is related to

Fundamental duties


Fundamental rights


Directive principles of state policy


None of the above



14. Which of the following statements is true

Mandamus lies against quasi-judicial order.


Mandamus is issued where inferior court declined jurisdiction.


Mandamus may be issued, even if alternate remedy is available.


Mandamus may be issued even no legal right of petitioner subsists.



15. The rule of 'Audi alteram partem' requires reasonable opportunity of hearing. Hearing may be

only in writing


only orally


written or oral


written and oral both



16. The high court can exercise the supervisory jurisdiction over the courts and tribunals subordinate to it under

Article-32


Article-226


Article-227


Article-141



17. Fiction theory is related to which one of the following concepts

Ownership


Justice


Legal personality


None of the above



18. "We must admit openly that precedent makes law as well as declare it …….. . Original precedents are the outcome of the international exercise by the courts of their privileges of developing the law at the same time that they administer it." Who said it

Salmond


Redcliffe


Lord Denning


Starke



19. Prof. Holland distinguishes a legal right from

Moral and Natural rights


External and Internal rights


Might and Moral rights


Sight and Moral rights



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

List I (Concepts) List II (Jurists)
i. Minimum content a. Fuller of law
ii. Inner morality of b. Hart law
iii.Law with a c. Kohler variable content
iv. Law as a d. Stammler phenomenon of civilization
Codes

i ii iii iv

c a b d


b c d a


b a d c


ab cd



21. The 'Bracket Theory' contemplates

The members of the corporation are the only persons who have rights and duties.


Law puts a bracket around the persons, by organising juristic personality.


Only human beings can have personality.


Group has a real will, read mind and real power of action.



22. Consider the following statements and give the correct answer by using the codes given below
I. Equitable ownership always pre­supposes the existence of a legal ownership.
II. Where property is given by A to B for the benefit of C. B becomes the legal owner and C the equitable owner.
III. In many cases, equity recognises ownership whereas law does not recognise ownership owing to some flaw or defect.
IV. Contingent ownership is spes successions.
Codes

II and III are correct.


II and III are correct.


I and II are correct.


II and IV are correct.



23. Who defined possession as "to gain possession a man must stand in a certain physical relation to the object and to the rest of world and must have a certain intent"

Holmes

Salmond

Pollock

Savigny

24. Statement I Person of inheritance is the owner of the right.

Statement II Inheritance is a means to ownership.
Codes

Both Statement I and II are individually true statements and Statement II is the correct explanation of Statement I.

Both Statements I and II are individually true but Statement II is not the correct explanation of Statement I.


Statement I is true but Statement II is false.


Statement I is false but statement II is true.



25. Malum Prohibitum means

Intrinsically wrong


Course of law has made it otherwise


Innocent but made punishable by statute.


All of them.



26. Demolishing a private structure standing encroached on a public street amounts to

Gain by unlawful means.


Wrongful gain for public purpose.


Wrongful loss by mischief.


None of above.



27. Assertion When an act is done dishonestly it does not require deception or concealment as its ingredient.

Reason Dishonesty requires an intention to cause wrongful loss or gain of property.
Codes

is true, but is not the reason.

Both and are true because is the right reason of


Both and are distinctive offences.


is false, while is true.



28. Assertion Harbouring includes supplying a person with shelter, food, money or conveyance.

Reason The supply must relate to evading apprehension.
Codes

is correct clarification but is not the correct reason.


is not true while is the correct explanation.


Both and are correct proposition.


Only in exceptional situation


is the reason of

29. The real and abiding concern for the dignity of human life was decided in the case of

Rajendra Prasad v/s State of U.P.


Mohindra Singh v/s Delhi Administration


Javed Ahmed v/s State of Maharashtra.


Bachan Singh v/s State of Punjab.


30. An unlawful assembly is a particular state of activity accompanied by the use of force or violence is riot, but it does not include

There must be five or more persons


There must be animation by a common object


Persons assembled for lawful purpose but started quarrelling without any previous intention.


All of them.



31. Which of the following statements are not false evidence in discharge of public justice

A false statement given under instigation.


A statement known to be false.


A statement not believed to be true.


None of above.



32. A ceremonial pollution is an act relating to unclean worship and is known as the offence of

Insult to religion


Defilement


Anti secularism


Religious hatredness



33. One of the following case is popularly known as "Doon Valley case"

Pathumna v/s State of Kerala AIR 1978, 2 SCC.


M.C. Metha v/s Union of India AIR 1987 SC.


Unni Krishnan v/s State of A.P. AIR 1993, 1 SCC.


R.L. E. Kendra v/s State of UP AIR 1985 SC.



34. The polluter pays principle has been incorporated in

Principle 15 of the Rio Declaration on Environment and Development


Principle 27 of the Rio Declaration on Environment and Development


Principle 8 of the Rio Declaration on Environment and Development


Principle 16 of the Rio Declaration on Environment and Development



35. Protection and Improvement of environment and safeguarding forests and wild life is

One of the Directive Principles of state policy


A fundamental right


Fundamental duty


Both directive principles of state policy and fundamental duties



36. Two important Amendments were brought in the year 1976. One with reference to directive principles of state policy making the state responsible to protect and improve the environment and safeguard the forests and wild life of the country. The other under fundamental duties making every citizen to protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures.
The relevant amendment is

49th Amendment


45th Amendment


43rd Amendment


42nd Amendment


37. Section 19 of the Environment (Protection) Act 1986 enables a person to file a complaint in a criminal court after giving a notice to the Pollution Control Board. Once a complaint has been made, the board is bound to make available to the complaint all relevant reports to him on demand. The board may also refuse to disclose on public interest. Similar provisions are also available under

Section 49 of the Water Act 1974 and Section 43 of the Air Act 1981


Section 43 of the Water Act 1974 and Section 49 of the Air Act 1981


Section 42 of the Water Act 1974 and Section 46 of the Air Act 1981


Section 41 of the Water Act 1974 and Section 42 of the Air Act 1981



38. The Supreme Court of India ordered conversion from fuel to CNG on July 28, 1998. It also set up a committee to evaluate the cleanliness of various fuels on April 27, 2001. The name of the committee is

Bhurelal Committee


Santhanam Committee


Mallimath Committee


Madanlal Committee



39. "The public trust doctrine primarily rests on the principle that certain resources like air, sea, water and the forests have such a great importance to the people as a whole that it would be wholly injustified to make them a subject of private ownership." The above Doctrine was discussed in detail in one of the following case

M.C. Metha v/s Kamalnath 1997 1 SCC.


Rural litigation and Environment Kendra v/s Union of India AIR.1985 SC.


Vellore Citizen's welfare Forum v/s Union of India 1996, 5 SCC.


M.C. Metha v/s Union of India AIR. 1987 SC.



40. "Form of rules accepted by civilized states as determining their conduct towards each other and each other's subject, is defined as international law." Above statement is attributed to

S.S. Lotus case


West Rand Central Gold Mining ltd. Co. v/s King


Queen V. Keyn


L. Oppenheim



41. Assertion International convention is the most important source of law.

Reason International convention has generic wisdom.
Codes

Both and are true and is the correct explanation of


Both and are true but is not the correct explanation of


is true, but is false.


is false, but is true.



42. Which of the following statement is true

The community to be recognized as an international person should be organised one.


Control of the community over definite territory is desirable.


The control over the territory may be permanent.


The community must be independent.



43. Which of the following statement is correct

Primary responsibility of international peacekeeping and security is on the General Assembly.


The Security Council is a deliberative organ.


Members may not accept and carry out the advice of the security council.


Social and economic council is to discharge the responsibility of the states enshrined in Chapter-IX from Articles 55-60. This council operates under the authority and supervision of general assembly.


44. Match List-I with List-II and select the correct answer using the codes given below
List I List II
i. Doctrine of forum prorogatum a. Certain expenses case, ICJ Rep. 1962, p. 151
ii. Condition of reciprocity b. Nicaragua v. US, ICJ Rep. 1984, pp. 392, 421-26
iii. Advisory jurisdiction c. Interhandel case, ICJ Rep. 1959, p.6
iv. Reservations d. Corfu channel case, (Preliminary objection), ICJ Rep. 1948, p.28
Codes

i ii iii iv

c d a b


d c a b


d c b a


a b d c



45. Which of the following statement is true

Mere counting of heads is enough to assess the degree of authority and credibility of a resolution of General Assembly.


Mere counting of heads is not enough to assess the degree of authority and credibility of a resolution of General Assembly.


Mere counting of heads is enough to assess integrity of General Assembly.


None of the above



46. Assertion Recognition of a state is not the same as recognition of its government.

Reason Within existing states, governments come and go and normally the changes raise no question of recognition.
Codes

Both and are correct and is the correct explanation of


Both and are correct but is not the correct explanation of


is true, but is false.


is false, but is true.



47. A Muslim wife may sue for divorce under the Dissolution of Muslim Marriage Act, 1939 if the husband has been insane for a period of

1 year


2 years


3 years


5 years



48. Which of the following is not essential for divorce by mutual consent

They have been living separately for one year.


They have not been able to live together.


The wife has not received any maintenance.


They have mutually agreed that the marriage should be dissolved.



49. That the respondent was, at the time of the marriage, pregnant by some person other than the petitioner, is a ground for voidable marriages under

Section-12(1)(a)


Section-12(1)(b)


Section-12(1)(c)


Section-12(1)(d)


50. A petition for the dissolution of the marriage by a decree of divorce may be presented, if cohabitation as between the parties to the marriage, after the passing of a decree of judicial separation, is not resumed for a period of

One year or upwards


Two years or upwards


Six months or upwards


None of the above



51. Match List-I with List-II and select the correct answer using the codes given below
List-I List-II
a. Marriage during i. Void Iddat period is.

b. Marriage with an ii. Irregular impotent person is.

c. Marriage below the iii. Voidable age of 18 years is.

d. Inter-caste iv. Valid marriage


Codes
a b c d

i ii iii iv


ii i iv iii


iii ii i iv


ii iii i iv



52. Where the marriage has not been consummated, Iddat has to be observed in case of

Death of husband


Divorce


Both death and divorce


Neither death nor divorce



53. Match List-I with List-II and select the correct answer using the codes given below
List-I (Cases) List-II (Grounds)
a. Ram Narayan v/s i. Insanity Rameshwari

b. Lachman v/s Meena ii. Cruelty

c. Dastane v/s Dastane iii. Desertion

d. Mr. X v/s Hospital Z iv. Venereal Diseases


Codes
a b c d

iii i iv ii


ii iv iii i


i iii ii iv


iv ii i iii



54. Under the Shia school, what is the cronical order of persons entitled to the 'Hizanat' of a minor child
a. Father

b. Mother

c. Grandfather

d. Grandmother

d

c

d

a



55. The solidarity rights, more commonly known as 'Third Generation Human Rights' is based on

Independent needs of people


Concept of universalism


Right to self-determination


Common heritage of mankind



56. "Human rights have two main dimensions. One of them can be called negative freedom in the sense that it is less important, it is negative because such freedom is based on a bedrock of what cannot be done, rather than what can be done." The above is from the thoughts of

Kofi Annan


P.N. Bhagwati


Amartya Sen


M.N. Venkatachaliah



57. Match List-I containing Human rights and List-II containing related Articles of Universal Declaration of Human Rights, using the codes given below
List-I List-II
i. Rights to own a. Article-property 18
ii. Freedom of religion b. Article-9
iii. Right to liberty and c. Article-security of person 12
iv. Right to privacy d. Article-17
Codes
i ii iii iv

a c d b


a d c b


a d b c


d a b c



58. Human rights are inscribed in the hearts of the people they were there long before law makers drafted their first proclamation. This statement was made by

Kofi Annan


Krishna Iyer, J.


Mary Robinson


None of the above



59. Human Rights Council has taken the place of

Human Right Committee


International Human Rights Institute


Centre for Human Rights


Human Right Commission



60. Select the best answer using the codes given below The national Human Rights commission can
1. itself take action and punish those who violate human rights.

2. recommend the government to take action.

3. initiate proceedings in the court.

4. join as a party to a case in the court involving violation of human rights.


Codes

1 and 2 are correct.


3 and 4 are correct.


2 and 3 are correct.


3 and 4 are correct.



61. Some of the human rights are contained in the Indian Constitution under

Part III and Part IV-A


Part III and Part IV


Part IV and Part IV-A


Part II and Part IV-A



62. Tort is defined as "an infringement of a right in rem of a private individual giving a right of compensation of the suit of the injured party" by

Salmond

Franger

Winfield

Flemmings



63. Which of the following correctly represent the position under the law of torts Select from the code given below A person is responsible for
1. all the consequences of his wrongful act.

2. consequences which directly flow from his wrongful act.

3. consequences which are not too remote.

4. all the consequences which are reasonably foreseable.


Codes

1 and 2 are correct.


2 and 3 are correct.


2 and 3 are correct.


3 and 4 are correct.





64. Which of the following is not necessary in tort of defamation

The statement is defamatory.


There is intention to refer to the plaintiff.


The right thinking members in the society infer that the statement refers to plaintiff.


The statement is made known to other members of society.



65. A film critic in his review of a film comments adversely on the cinematic values and quality of the film. The director of the film sues the film critic for defamation. Which of the following is correct, use the code given below
1. The film critic is not liable as he can raise the defence of justification.

2. The critic is not liable because it was a fair and bonafide comment in public interest.

3. It was an expression of opinion and not assertion of facts.

4. It was a fair criticism of a film meant for public entertainment.


Codes

1 and 4 are correct.


1 and 2 are correct.


3 and 4 are correct.


1 and 3 are correct.



66. The 'standard of care' generally used in care of negligence is

the care taken by an intelligent and prudent man.


the skill and care taken by a qualified and competent person.


the foresight of an adult person.


the care and skill of a prudent and careful man belonging to defendant's calling or business or skill.



67. Which one of the following is a good defence for the tort of private nuisance

Plaintiff has come to the place of nuisance.


Reasonable care was taken to prevent nuisance.


The activity is for the public benefit.


The activity is continuing for the past 20 years.



68. Who is a consumer under the Consumer Protect Act, 1986

A person who gives his pants for stitching to a tailor.


A person who purchases goods for sale in his shop.


A person who purchases a car for being used as a taxi in his taxi service.


A person who avails of medical services free of cost.



69. Partnership is

Trust


Company


Mutual agency


Mutual fund



70. Assertion When something of valuable nature is acquired by a partner in breach of his duty in good faith, it is taken to be acquired for the benefit of all the partners and has to be accounted for to the firm.

Reason Partnership is a trust. Codes

Both and are true and is the correct explanation of


Both and are true but is not the correct explanation of


is true, but is false.


is false, but is true.


71. Arrange the following concepts in which sequence they appeared, using the codes given below
Damage
Breach of terms of agreement of partnership
Damaged
Agreement to share profits from business of firm
Codes















72. Match items in List-I with items in List-II using the codes given below
List-I List-II
i. Liability for a. Section-misappropriation 26 by a partner
ii. Liability of a b. Section-partner for torts 27
iii. Liability of a c. Section-partner for 28 holding out
iv. Doctrine of d. Sections-implied authority 18 and 19 of a partner
Codes

i ii iii iv

c d a b


b a d c


a b c d


b a c d



73. Which one of the following pairs does match

Definition E. S 5 02 PM and Ruben Ltd. V/s essentials Faire Bros. of sale (1949)1 KB 254


Formalities Drummond of sale Sons V/s Van Ingen, (1887) 12 App. Cases 284


Conditions Peter Darlington implied by Partners Ltd. V/s trade and Gosho Co. Ltd., usage (1964) 1 Lloyds Rep 149


Sale by Rowland V/s sample Divall (1923) 2 KB 500, CA.

74. Which one of the following statements is true

The order contained in the bill of exchange may be conditional.


A bill of exchange must contain a request to pay.


Every bill of exchange is a promissory note.


The payee must be certain.



75. Haward V/s Patent Ivory Manufacturing Co., (1888) 38 Ch.D. 156 is a case about

Doctrine of ultra vires


Doctrine of indoor management


Doctrine of public notice


Doctrine of social responsibility


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