Exam Details

Subject law
Paper paper 2
Exam / Course ugc net national eligibility test
Department
Organization university grants commission
Position
Exam Date September, 2013
City, State ,


Question Paper

1. The word 'Secular' was added in the Preamble to the Constitution of India by

First Amendment Act

Seventh Amendment Act

Forty-Second Amendment Act

Forty-Fourth Amendment Act

2. Article prohibits discrimination against any citizen on the grounds of

Religion, race and caste only.

Religion, caste and sex only.

Religion, caste, sex and place of birth only.

Religion, race, caste, sex, place of birth or any of them.

3. Match List-I with List-II and select the correct answer using the codes given below
List I List II
I. Deletion of fundamental right to freedom to acquire, hold and dispose of property. Constitution (Forty-Second Amendment) Act.
II. Insertion of the word 'integrity' to the Preamble of the Constitution. Constitution (Forty-Fourth Amendment) Act.
III. Inclusion of right to education as fundamental right under Article 21A Constitution (Eighty-sixth Amendment) Act.
IV. Insertion of Clause(5) in Article 15. Constitution (Ninety-Third Amendment) Act.

Codes
I II III IV








4. Which provision of the Constitution imposes a duty on the Union to ensure that the Government of every State is carrying on in accordance with the provisions of the Constitution

Article 352

Article 355

Article 356

Article 360

5. 'Right to life' under Article 21 of the Constitution does not include 'right to die'. This observation was made by the Supreme Court in

P. Rathinam V. Union of India

Gian Kaur V. State of Punjab

Both and above.

None of the above.

6. A Judge of the Supreme Court can be removed from his office on the ground(s) of

Proved misbehaviour or incapacity.

Violation of the Constitution.

Both and above.

None of the above.

7. Parliament has power to legislate with respect to a matter in the State List, provided it is in the

Public interest

National interest

Both and above

None of the above

8. Assertion Ownership is not only a juridical concept, but also a social concept and an instrument of social policy.
Reason The right of alienation is not a necessary incident of ownership.
Codes

Both and are true and is correct explanation of

Both and are true, but is not the correct explanation of

is true, but is false.

is false, but is true.

9. Match List-I with List-II and select the correct answer using the codes given below
List I List II
(Theory) (Subject)
Retributive Theory I. Legal Right
Sociological Theory II. Source of Law
Theory of Precedent III. Punishment
Theory of Property IV. Roscoe Pond

Codes


I IV III II

III IV II I

III II I IV

IV III I II



10. Hypothesis of Grund norm was propounded by

Austin

Diguit

Hart

Kelson



11. Immanuel Kant is the exponent of

Retributive theory of punishment.

Reformative theory of punishment.

Detterent theory of punishment.

Preventive theory of punishment.



12. Who used the word 'Sociology' for the first time

Auguste Comte

Herbert Spencer

Diguit

None of the above



13. Which one of the following statements is true

Animus is necessary for the acquisition or commencement of possession.

Corpus is necessary for the acquisition or commencement of possession.

Animus and Corpus are not necessary from the acquisition or commencement of possession.

Animus and Corpus are necessary for the acquisition or commencement of possession.



14. Which of the following statements is true
An imperfect right may become perfect under certain circumstances.
Imperfect right can become a valid defence.
Law recognises an imperfect right but not to enforce it.
Imperfect right can be reduced as a valid defence.

only 3

only 4

only 4

only1,4,3



15. Assertion The United Nations cannot perform peace keeping or peace making operations.
Reason United Nations has no army, navy or air force of its own.
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.



16. "The permanent members of Security Council have special privilege in the voting procedure of the Security Council in as much as the decisions of Security Council on non­procedural matters shall be made by an affirmative vote of nine members including the concurring votes of the permanent members."
Above statement is attributed to of the Charter of the United Nations.

Article 27, Para 3

Article 27, Para 2

Article 26

Article 28



17. Match List-I with List-II and select the correct answer using the codes given below
List I List II
Custom begins where usage ends. P.C. Corbett
The Statute of International Court of Justice, Article 38, Para 1 is about. J.G. Starke, Introduction to International Law, P.40
'Custom' should be replaced by word 'evidence'. Treaty and Custom as sources of International Law.
Law making treaties. Brierly, Law of Nations, P. 58

Codes












18. Assertion Arbitration is the process of resolving disputes between States by means of an arbitral tribunal appointed by the parties.
Reason Disputes are arbitrary.
Codes

and are true and isthe correct explanation of

and are true, but isnot the correct explanation of(A).

is true, but is false.

is false, but is true.



19. Match List-I with List-II and select the correct answer using the codes given below
List I List II
To maintain international peace and security Article 1 of the UN Charter
Principles of UN Article 2 of the UN Charter
Admission of new members to UN Article 12 of the UN Charter
Limits on powers of General Assembly in respect of any dispute. Article 4 of the UN Charter

Codes












20. Stimson's doctrine of Non-Recognition is related to

Duty of non-recognition of some territorial acquisitionsbrought about in accordancewith international law.

Duty of non-recognition of some territorial acquisitionsbrought about in breach ofinternational law.

Duty of non-recognition of allterritorial acquisitions broughtabout in breach of international law.

Duty of non-recognition of allterritorial acquisitions broughtabout according to internationallaw.



21. Prohibited degree and Spinda relationship are

Mutually exclusive

Dependent on each other

May overlap each other

None of the above



22. In which of the following case, the High Court held that "the presence of Qazi" is not necessary at the time of marriage ceremony under the Muslim Law

Qazi Mohd. Najmuddin Hussain V. State of A.P.

Mohd. Yunus V. Malooki

Shamim Ara V. State of U.P.

Bai Tahira Vs. Ali Hussain



23. Assertion Marriage under the Hindu Marriage Act, 1955 is dissoluble.
Reason Marriage is a sacrosanct union.
Codes

Both and are true.

Both and are false.

is true, but is false.

is false, but is true.



24. Which of the following is not condition for a marriage under Section 5 of the Hindu Marriage Act, 1955

Neither should have a living spouse.

If the bride is below 18, the consent of her guardian has been obtained.

They are not within prohibited degrees relationship.

Neither should be subject to recurrent attack of insanity.



25. Sources of Muslim Law are
The Koran The Ismaa
The Hadis The Kiyas
Indicate their correct sequence.

and

and

and

None of the above



26. According to Muslim Law, marriage is not solemnised of only for the sexual enjoyment between two spouses, it is an act of Ibadat.

True

False

Partly true, partly false

None of the above



27. X invites his friend Y on dinner but later on declined to arrange it on specified day.

X is liable for breach of contract.

X is liable, if Y goes to the house of X and returns without dinner.

X is liable for breach of contract, if Y gets dinner in hotel.

X is not liable for breach of contract.



28. Match List-I with List-II and select the correct answer using the codes given below the lists.
List I List II
Breach of contract 1. Impossible to perform
Revocation of offer 2. Same thing in the same sense
Consent 3. Compensation
Frustration 4. Lapse of stipulated time

Codes


1 3 4 2

2 4 1 3

3 1 2 4

3 4 2 1



29. Which one of the following provisions of the Indian Contract Act deals with the reciprocal promise to do things legal and also other things illegal

Section 56

Section 57

Section 58

Section 17


30. Section 26 of the Indian Contract Act declares the agreement void on the ground of

Absolute restraint only

Partial restraint only

Both absolute or partial restraint

None of the above



31. No customer in a thousand ever read the conditions. If he had stopped to do, he would have missed the train or the boat. This observation was made by

Anson

Donaldson

Lord Denning

Pearson



32. When consent is given due to mistake, an agreement will be

Voidable

Legal

Illegal

Void



33. A person is responsible in law of tort for

all the consequences of his act.

all the consequences which are not remote.

all the consequences which directly flow from his act.

all the consequences which are reasonably foreseeable.



34. There is a school by the side of the road. Three children of nursery class stray away from the school on to the road. A truck driver, who was driving the truck at a normal speed, notices the children. While trying to save the children, the truck hits a shop and an injury is caused to one person. Which of the following assertions correctly represent the law

The school management is liable as they are negligent in not keeping the children within the school premises.

The truck driver is liable as he did not take proper care.

The children are liable as they contributed to the accident.

None is liable as it is a pure accident.



35. Match List-I with List-II. Use the code below to select the right answer.
List I List II
a. Donoghue V. Stevenson 1. Remoteness of damages
b. In re Polemis 2. Absolute liability
c. M.C. Mehta V. Union of India 3. Neighbour principle
d. Lloyd V. Grace Smith Co. 4. Vicarious liability

Codes

a b c d
2 3 4 1

2 3 1 4

3 1 4 2

3 1 2 4



36. When an injury is caused by the act of an enterprise engaged in a hazardous or inherently dangerous activity, the enterprise is absolutely liable for the injury because
it has not taken reasonable care.
the enterprise owes an absolute and non-delegable duty to the community to ensure that no harm results from the activity.
it is considered as a part of the social cost for carrying on the hazardous or inherently dangerous activity.
it is difficult to prove lack of care on the part of enterprise.

Select the right code

1 and 2 are correct.

1 and 4 are correct.

1 and 3 are correct.

2 and 3 are correct.



37. D employs a driver Z to drive his car. D specifically instructs the driver not to drive fast and in no case exceed the speed of 50 kms per hour. Z exceeds the limit and causes the accident in which P is injured. In an action against D for damages

D is not vicariously liable for the act of the driver because the driver acted against the express instructions of his master.

D is not liable as the act of the driver was not done during the course of employment.

D is liable as the driver was doing an authorised act in an unauthorised manner.

D is not liable as there was contract for service between D and the driver.



38. Due to the negligence of the owners of a well, it was filled with poisonous gases and two of the employees were trapped inside the well. an expert in disaster management in such situation, was called to rescue the two employees. B decided to go inside the well with the help of a rope in order to save the employees trapped in the well. He was warned of the risk involved. Despite all this B went inside the well and was overcome by the gases. He was taken to hospital where he died. wife sued the owners of the well for compensation.

Owners are not liable because maxim volunti non fit injuria applies.

Owners are not liable because B was an expert and master of his trade.

Owners are liable because the act of B was the natural and probable consequence of owner's negligent act.

Owners are liable because B died while being engaged by them.



39. Malignantly and maliciously are synonyms. There is only one provision of Indian Penal Code which covers both the aspect.Provide the correct answer

Section 153

Section 270

Section 219

Section 220


40. The Indian Penal Code no more denote a positive evil intent for fixingliability, however there are certain type of act which signifies want ofcare as culpable resulting out ofbreach of duty. What it is known as

Rashly

Negligently

Both and

None of them


41. Assertion Common intention implies a pre-arranged plan, prior meeting of minds and priorconsultation between all the persons committing the crime.
Reason : The law makes no distinction between the personsor the part played by them indoing the criminal act.
Codes

is true and is false.

and are both true, but(R) is not the correct explanation of

is false and is true.

Both and are true and is most nearest explanation of


42. Assertion Culpable homicidebecomes murder when the act causes death and is done with the intention of causing death.
Reason One of the conditions to be satisfied for treating it murder provide the injuryintended to be inflicted is sufficient in the ordinarycourse of nature to cause death.
Codes

is true, but is not the reason.

and are both true, but is not the correct explanation of

is false and is true.

Both and are true and is the reasonable explanation of


43. An agreement of which either the object or the means employed are illegal, but does not itself constitute an offence is known as

Intimidation

Conspiracy

Abetment

All of them



44. The act of causing death to a person who has committed or attempted to commit house breaking by night is known as

Marginal excess of right to private defence.

Purported exercise of right of self defence.

Murder

No detached objectivity would be possible to weigh the culpability.



45. A Seven Judges Bench of the Supreme Court considered the scope of Industry and laid down a Triple Test Formula in one of the following cases

State of Bombay Vs Bombay Hospital Mazdoor Sabha, AIR 1960 SC.

Bangalore Water Supply Vs. A. Rajappa, AIR 1978 SC.

D.N. Bannerji Vs. P.R. Mukherjee, AIR 1953 SC.

University of Delhi Vs. Ramnath, AIR 1963 SC.



46. Out of the following one of the modes is not a dispute settlement under the Industrial Dispute Act, 1947.

Conciliation

Adjudication

Alternate Dispute Resolution

Arbitration



47. The qualifications of a person whocannot be appointed as presidingofficer of the Labour Court.

He is or has been a Judge of a High Court.

He has for a period of not lessthan three years, been a District Judge or an Additional District Judge.

He has been Civil Judge for 2 years.

He has held any Judicial Officein India for not less than seven years.



48. The Registrar cannot withdraw orcancel registration of a Trade Union if

the application of the Trade Union is in the proper form on verification.

the certificate of registration has been obtained by fraud or mistake.

the Trade Union has ceased to exist.

the Trade Union has wilfullyafter a notice from the Registrar contravened the Provisions of the Act.



49. Any person who has attained thefollowing age may be a member of a registered Trade Union.

18 years

17 years

16 years

15 years



50. The workmen are not entitled to layoff compensation in one of the following cases

An industrial establishment in which less than fifty workmen on an average per working day have been employed.

An industrial establishment in which less than one hundred workmen on an average perworking day have been employed.

An industrial establishment in which less than two hundred and fifty workmen on an average per working day havebeen employed.

An industrial establishment in which less than five hundred workmen on an average perworking day have been employed.


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