PAPER-II LAW Signature and Name of Invigilator


1. The words 'Socialist' and 'Secular' were inserted in the Preamble by


1st Amendment of the Constitution


24th Amendment of the Constitution


44th Amendment of the Constitution


42nd Amendment of the Constitution

2. The expression 'minority' in Article 30 of the Constitution of India means any community which is


Less than 50% of the population of a particular State as a whole


Less than 40% of the population of a particular State as a whole


It is determined on the basis of the entire population of the country


It is determined on the basis of Census

3. A writ of certiorari can be issued Against


A Lower Court/Tribunal to prevent it from proceeding further.


Parliament to stop the proceedings taking place in the House.


Lower Courts to remit all the documents to the writ court for verification.


To give direction to the executive to perform their duties.

4. Which one of the following authorities is competent to seek the advisory opinion of the Supreme Court of India


The Parliament of India


The Governor of a State


The Council of Ministers


The President of India

5. The Supreme Court observed that, Parliamentary privileges are not subject to Fundamental Rights in


Ganapati Reddy V. Nafisul Hasan


M.S.M. Sharma V. Sri Krishna Sinha


Keshav Singh V. The Speaker, UP


S.P. Mittal V. Union of India

6. Article 360 of the Constitution of India relates to


Ordinance making power


Amendment


Election Commission


Financial Emergency

7. 'Rights spring from Right' said by


Allen


Kelsen


Salmond


Hart


8. 'Natural law' theory may be broadly divided into

(A)Five Classes


(B)Four Classes


(C)Three Classes


(D)Two Classes


9. 'Social Solidarity' principle was propounded by

(A)Maine


(B)Duguit


(C)Austin


(D)Bodin



10. 'Vienna School' of law is known as

(A)'Systematic Theory of Law'


(B)'Private Theory of Law'


Theory of Law'


Theory of Law'



11. Expiatory Theory of Punishment is linked with the following

(A)Preventive Theory


(B)Reformative Theory


(C)Retributive Theory


(D)Deterrent Theory



12. The physical element of possession is also called as

(A)Ratio decidendi


(B)Corpus decidendi


(C)Corpus possessionis


(D)Animus possidendi



13. In which of the following cases the Court said that the distinction between de facto and de jure recognition is political, rather than legal

(A)The S.S. Christina Case


(B)The Arantraju Mendi Case


(C)The Tinaco Arbitration Case


(D)Mighell V. Sultan of Jahore



14. Which of the following are essential elements of a valid international custom

1.Constant and uniform State practice

2.Generality of practice

3.Jus cogens

4.Opinio juris


Codes

alone


and 4


2 and 4


3 and 4



15. Match List I with List II using the codes given below

List I (Theme) List II (Judicial decisions)

International custom 1. The Visaka Case

Human rights 2. Indian Gramophone Co. Case

United Nations 3. The S.S. Lotus Case

Status of international law in India 4. The Reparations Case

Codes



2 4 1 3


3 1 4 2


3 2 4 1


1 4 2 3


16. Assertion General principles of law recognized by civilized nations enable the International Court to develop rules of International Law.

Reason The meaning and scope of general principles of law are unclear.


Codes

(A)Both and are correct and is the correct explanation of


(B)Both and are correct, but is not the correct explanation of


is true, but is false.


is false, but is true.



17. In the S. S. Lotus case the permanent Court of International Justice held that in the case of collision of two foreign ships.

(A)France has jurisdiction


(B)Turkey has jurisdiction


(C)European Unity has jurisdiction


(D)Assembly of the League of Nations has jurisdiction



18. Consider the following judicial decisions

(1)Luther V. Sagar

(2)S.S. Lotus Case

(3)Mavro-mmatis Palestine Concessions Case

(4)Morhensen V. Peters


The chronological order in which these decisions were delivered


Codes

1 and 2


1 and 3


4 and 1


3 and 4



Read Assertion and Reason and with the help of codes given below, point out the correct explanation

19. Assertion Sapinda relationship extends upto five degrees on the paternal side and three degrees on the maternal side.

Reason Rules relating to Sapinda relationship are based on principle of exogamy.


Codes

is correct, is false.


(B)Both and are correct.


is correct, but is wrong.


(D)Neither nor is correct.


20. A Muslim man cannot marry

a Jew


a Christian


an idolatress or a fire worshipper


both and


21. Guilt Theory of Divorce implies


(A)Both parties to the marriage to be guilty.


(B)One guilty party and other party to be innocent.


(C)Both and


(D)Neither nor


22. Adoption of children is recognised under the


(A)Muslim Law


(B)Parsi Law


(C)Hindu law


(D)Christian Law



23. A Hindu wife is not entitled to separate residence and maintenance from her husband if she

(A)ceases to be a Hindu by conversion


unchaste


(C)either or


(D)neither nor



24. The Hindu Marriage Act, 1955 recognises as a ground of divorce.

(A)actual desertion


(B)constructive desertion


(C)only and not


(D)both and



25. An agreement to do an impossible act is

(A)void


(B)voidable


(C)valid


(D)unenforceable



26. In a minor's agreement

(A)Minor cannot be estopped from pleading his minority


(B)Contract is void


(C)Minor is estopped from pleading his minority


(D)Both and are right



27. Section 73 of the Indian Contract Act applies to

(A)for sale of moveable property


(B)for sale of immoveable property


(C)both and


(D)None of the above



28. A Wagering Contract is void under

(A)Section 28


(B)Section 29


(C)Section 30


(D)Section 31



29. The age of majority for the purpose of Contract Act is

years for boys and girls


years for boys and girls


years for girls


years for boys



30. When a contract provides for a specified sum in case of breach

prescribes the minimum liability


prescribes the maximum limit of liability


prescribes neither the minimum nor the maximum extent of liability


(D)None of the above



31. "Negligence is the omission to do something which a reasonable man guided upon those considerations which ordinarily regulate the conduct of human affairs would do or doing something which a prudent and reasonable man would not do." Who said this

(A)Salmond


(B)Winfield


(C)Clerk and Lindsell


(D)Aldersen



32. While X with a package was trying to board a running train, the railway guard tried to help him and pushed him inside a compartment but the package fell and rolled down on the railway track causing an explosion (as package contained fire works), and a splinter hit Y who was some ten feet away, injuring him. Y sued the railway company for the negligence of the railway guard.

(A)Railway company is liable


(B)For the injury received by the railway company is not liable as the railway company owed no duty to Y.


(C)The injury to Y is too remote a matter for which railway company cannot be liable.


(D)The railway company owed a duty to the general public that its employees will not act negligently.



33. The principle of privity of contract was held to be not applicable to an action for tort in

(A)Winterbottom Vs Wright


(B)Donoghue Vs Stevenson


(C)Grant Vs Australian Knitting Mills Ltd.


(D)Ashby Vs White



34. Following are good defences to an action in torts

(i)Volunti non fit injuria

(ii)Scienti non fit injuria

(iii)Vis major

Choose the correct answer by using the codes given below











only



35. The propounder of "Pigeon-hole Theory" is

(A)Salmond


(B)Austin


(C)Winfield


(D)Clerk Lindsell



36. Match List I with List II and select the correct answer using the codes given below the lists

List I List II

I. Damnum sine injuria Ashby Vs. White

II. Absolute liability Gloucester Grammar School case

III. Injuria sine damno Stanley Vs. Powell

IV. Inevitable accident Rylands Vs. Fletcher

Codes

I II III IV














37. To find mens rea it is necessary that there must exist

(A)The act was intended


(B)There must be a resultant consequence


(C)The act of causing injury to another


(D)The knowledge of existence of facts



38. The act of abetment results from

(A)Counselling


(B)Suggesting


(C)Processing


(D)Commanding



39. In which of the acts of prostitution it becomes a public nuisance

(A)The act is carried on in a hidden manner.


(B)The act has resulted with an injury to an individual.


must be a case of bare solicitation of customers in a public place.


(D)None of the above



40. Liability for culpable homicide can be fixed if death is caused by effect of words

it results in excitement.


the anticipated consequence becomes the result.


the absence of avoidability to suffer from lingering torture.


(D)All the above



41. For the offence of wrongful confinement there must be circumscribing limits which may be

(A)Large or narrow boundary


(B)Visible or tangible area


(C)Movable or fixed territory


(D)All of them



42. Enticing a minor girl amounts to

(A)Kidnapping


(B)Abduction


(C)Absence from free consent


(D)None of the above



43. Which of the following cases is relating to unfair labour practices

(A)Regional Manager, SBI V. Rakesh Kumar Tiwari


(B)Central Bank of India V. Workmen


(C)Hindustan Motors Ltd. V. Tapan Kumar


(D)Textile Labour Union V. State of Rajasthan


44. Assertion Participation in illegal strike is punishable.

Reason Right to go on strike is not a Fundamental Right.

Codes

(A)Both and are true and is correct explanation.


(B)Both and are true, but is not correct explanation.


is true, but is false.


is false, but is true.



45. Under which Section of the Industrial Disputes Act, an individual dispute is deemed to be industrial dispute

(A)Section 2


(B)Section 2A


(C)Section 3


(D)Section 5



46. Registration of Trade Union may be cancelled by the Registrar of Trade Union, when

(A)Leaders of Union are not working well


(B)Registration Certificate has been obtained by fraud


(C)Members of Union do not take interest in Union activities


(D)Employer does not want registered Union




47. Read the following paragraph and answer the Questions

On the surface this amendment might create the impression that State is
now free to impose any kind of restriction on the enjoyment of property … and without paying any thing to the expropriated owner in return of property taken away from him. Nothing, however could be farther from the true Constitutional position. The reality is that now the right to property of both, the citizen as well as the non-citizen, is more firmly and comprehensively secured under the Constitution than ever before. It is secured more firmly than before because any significant amendment in the existing position will now require not only the procedure laid down in the main part of Article 368, but also the consent of the States as prescribed in the proviso of that Article. It is secured more comprehensively because the State will not now be able to acquire private property without showing public purpose and without paying full compensation or market value of the property. Also, the State may now be required to pay compensation of property without actually transferring to itself the ownership or possession of the property. In other words, the courts in India will now be free to give the same quality and extent of protection to private property as the courts in the United States give under the 'due process' clause and the American Doctrine of 'eminent domain' and 'police power' may again be found to be relevant for India.

In the light of above answer the following

Before which amendment to the Constitution, Right to Property was a Fundamental Right

(A)42nd


(B)44th


(C)38th


(D)None


48. Before the amendment to the Constitution, Right to Property was

(A)Legal Right


(B)Moral Right


(C)Fundamental Right


(D)None of the above


49. Right to Property is covered under Article













50.Which one of the following Fundamental Rights has been a subject of maximum controversy and litigation


(A)Right to Freedom of Speech


(B)Right to Property


(C)Right to Religion


(D)Right to Equality