Exam Details

Subject
Paper
Exam / Course mains
Department
Organization Haryana Public Service Commission
Position law
Exam Date 2014
City, State haryana,


Question Paper

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KL-14/Law Series-A
1. Some shared morality is essential to the existence of any society, is said by­
Benthem Fuller Hart Austin
2. Salmond regards legal status of animals as­

Mere subject ofrights and duties.


Mere object of rights and duties.


Both subject and object of rights and duties.


Neither subject nor object of rights and duties.


3. Will theory ofright has been opposed by­
Duguit Austin Salmond Holland
4. Duguit theory of social solidarity' was inspired by­

August comte Durkheim


Ihering Ehrlich


5. Positivism, according to Hart, includes­

Laws are commands


Analysis of legal concepts is worth pursuing;


Law as it is has to be kept separate from the law that ought to be;


All of the above


6. Benthem advocated for­

Natural law principles; Codification oflaws;


Judge-made laws; Realistic approach to law


7. According to Kelsen, 'Grundnorm' in a system­

Need not be same in every system;


'Grundnorm' of some kind will always be there;


There can be more than one 'Grundnorm'


All of the above


8. Statutes are not law but only sources of law, said by­
Frank Llewellyn Gray Salmond
9. Which of the following is a legal person­

Guru Granth Sahib Quran


Bible All ofthe above


10. "Institutions ofprivate law and their social Functions" is written by­
M.R Cohen JWC Turner K Renner K Marx
11. Theory of "Justice as Fairness" is Propounded by­
John Rawls R. Dworkin R. Nozick L. Fuller
12. Who held that possession consists of two ingredients­
Savigny Salmond Holmes Benthem
13. Which ofthe given here jural opposites are correct­
1. Liberty and Disability 2. Immunity and Duty 3. Power and Liability­
1 Only 2 Only 3 Only None
KL14/Law Series
14. 'Status to Contract' theory is associated with­
Montesquieu Henry Maine Savigny G.Hugo
15. According to Austin 'Law of God' is­

Law improperly so-called; Law by analogy;


Law by metaphor; Law properly so-called;


16. Real and Personal rights are also called­

Proprietary and personal Positive and negative


In rem and in personam In propria and in re-aliena.


17. In which Supreme Court said Preamble is not part of the constitution­

Re Berubari Union (1960) Kesavananda Bharati


Excel Wear (1978) D.S. Nakara (1983)


18. Preamble to Constitution ofIndia indicates­

Nature of Indian polity Liberties of citizens;


Source of the Constitution All of the above.


19. Form of Government under the constitution is­

Presidential as in USA Parliamentary as in U.K.


Both and neither nor


20. Power of 'Judicial Review' under the Constitutions is­

Not Constitutional Not basic feature


Part of the basic Structure Ordinary power


21. New States can be he fanned under the Constitution­

Only by amendment Act of the constitution;


By Law made by Parliament;


By Ordinance of the president;


By Presidential Order;


22. under Article 12 does not include­

Union government State government


State Bank ofIndia BCCI


23. Freedom of speech under Article 19 is subject to­

Public order Security of State


Morality All of the above


24. Freedom of Religion under Article 25 is­

Subject to other fundamental rights;


Not Subject to other fundamental rights;


Absolute


None of the above.


25. Power of President to grant pardon u/a 72 is exercised­

By the president in his sole discretion;


On the advice of the council of Ministers;


On the advice of the Supreme Court


On the advice of Attorney-General of India


KLl4/Law Series 26. Presidents resignation is addressed to­

Vice-President Chief Justice of India


Speaker of Lok Sabha Prime Minister


27. The Judge of the Supreme Court is appointed by­

The collegium President


Council of Minister ChiefJustice ofIndia


28. Original Jurisdiction ula 131 is exercised by the Supreme Court when the dispute is between­

Two or more States


Government ofIndia V. one or more States


Government oflndia and One or more Sates V. other Sate


All ofthe above.


29. Union ofIndia vs H.S. Dillon (1971) is a leading case on­

Legislative Powers of the Union;


Legislative Powers of the States;


Residuary Powers of the Union;


None of the above


30. Power of Parliament to implement any International treaty etc. is Conferred by Article­
249 252 253 254
31. A member of a State Public Service Commission can be removed u/a 317­

By the Governor on the report of Supreme Court;


By the President on the report of Supreme Court;


By Parliament


By Supreme Court


32. Prime Minister is appointed by­

Lok Sabha Lok Sabha and Rajya Sabha


President Supreme Court


33. 'Proclamation of Emergency' ula 366(18) means­

Proclamation ula 352 only Proclamation u/a 356 only


Proclamation ula 360 only All of the above


34. In which of the following case Amendment Act of the Constitutions held invalid on the ground of non-ratification by the States u/a 368­

Golaknath (1967) Kesavananda Bharati (1973)


Indira Nehru Gandhi (1975) Kihoto Hollohan (1992)


35. Actus nonfacit reum nisi mens rea includes­

Guilty mind Wrongful act


Both and neither nor


36. The essence of liability under sec. 34 IPC is­

Existence of common intention only;


Element of Participation in action only;


Both and


None of the above


KLl4/Law Series 37. Section 76 of IPC excuses a person from an offence­

Mistakes offacts only Mistakes oflaw only


Both and neither nor


38. Act of a person of unsound mind is not an offence u/s. 84 of IPC when unsoundness of mind was­

At the time of trial At the time of doing the act


At any time All of the above


39. The maxim, minims non curat lex' is the basis of section 95 of IPC which makes­

A slight harm actionable a slight harm non-actionable


All harms actionable none of the above


40. Abetment is constituted by­

Instigation Conspiracy


Aiding anyone of the above


41. Offence of abetment is a substantive offence, a person who has been convicted of an offence as principal­

Cannot also be punished for abetting it;


Can also be punished as abettor;


Depends on the condition


None of the above


42. Sedition u/s 124A ifIPC includes­

Disloyalty and ill feelings of enmity;


Disapproval of Govemment policies;


Disapproval of Administrative measures;


All of the above


43. Common object under section 149 IPC is­

A distinct offence Declaratory only;


A rule of evidence only none of the above


44. When Committing theft, hurt or wrongful restraint is caused to the victim, the offence is­
Robbery Extortion Theft Dacoity
45. In case of dishonest misappropriation, the initial possession of the property is­
Dishonest Fraudulent Innocent Both and
46. Dishonest intention must precede the act of taking in­

Criminal misappropriation Criminal breach of trust


Theft All of the above


47. Every murder is culpable homicide but not vice versa -The Statement is­
True False depends on the facts; depends upon degree of probability
48. Right of Private defense is not available­

Against an insane


Against a child


When there is time to recourse to public authorities;


All of the above


KL14/Law Series
E
49. Z under the influence of madness attempt to kill which of the following is correct­

Z is guilty of attempt to murder, but A has a right of private defense;


Z is guilty of no offence, but A has the right ofprivate defense;


Z is guilty of no offence, but has no right of private defense;


None of the above


50. Among the following whose definition of International law is considered most appropriate­
Oppenheim Starke Fenwick Austin
51. Who said International law is the vanishing point ofjurisprudence­
Hall Austin Holland Kelsen;
52. Who says that no specific theory is capable of explaining the true basis of International law­
Starke Brierly Bynber-Shoeh Grotius
53. Which Source is not mentioned in Article 38 of the statute ofICJ

General Principals of law recognized by civilized nations;


Decisions or determinations of organs of international institutions;


International customs and conventions;'


Decisions ofJudicial or Arbitral Tribunals and Juristic works


54. Who said'Article 38 of ICJ Statute did not establish a rigid hierarchy of sources­
M.O. Hudson J. Castaneda Jessup Leo Gross
55. Who said granting of recognition to a new state is not a constitutive but a Declaratory, act­
Oppenheim Anzilloti Brierly Holland
56. De facto recognition is

Permanent and cannot be withdravn;


Provisional and can be withdrawn;


NO recognition at all


None of the above


57. For implementation ofICJ decisions; the parties may seek recourse to­

Security Council General Assembly;


ICJ itself Secretary-General


58. Charter of U.N allows the use of force by a member state against another state­

To protect its own nationals


To protect its own nationals and property


When there is a treaty violation


In self-defense


59. In maintaining International peace and security, the Security Council has­

Exclusive authority Primary authority


Both and Collective authority


KIl4Law Series
60. Charter ofU.N can be amended by­

two-third ofthe members of General Assembly


two-third members including all permanent members of Security Council after recommendation by a 2/3 vote of a Conference convened for the purpose


two-third of the members of the Security Council including five permanents members.


Simple majority in Security Council


61. A decision of the IC] has binding effect on­

Parties only to the dispute All the nations


National Courts Interveners who were not original parties


62. Ajudge ofIC] can be removed by the

Security Council


General Assembly on the recommendation of Security Council


Unanimous opinion of other judges of IC]


Unanimous decision of the General Assembly


63. Decision in Ashby vs White furthers the theory of

Salmond Winfield


Both and neither nor


64. Ubifur ibi remedium means­

Where there is remedy there is right;


There is no remedy without a wrong;


There is no wrong without a remedy;


There is no right without a remedy;


65. Tort is a Violation of­

A right in personam A right in rem


Both and neither nor


66. "Tort is a civil wrong for which remedy is common law action for unliquidated damages and which is not exclusively breach of contract or breach of trust or other merely equitable obligation"-definition by­
Salmond Winfield Pollock Clerk and Lind sell;
67. Scope of 'Volenti non fit injuria' as a defense­

Has been restricted in rescue cases;


Has been restricted by unfair Contract Terms Act 1977 in England


Cannot be restricted except in cases of consent


Both and


68. The maxim 'res ipsa loquitur' is a­

Rule of Evidence Rule ofNegligence


Rule of vicarious Liability Both and


69. The rule of strict liability

Is without any defense Has Contributory negligence as a defense


Has vis major as a defense Both and


KL14/Law Series
70. The maxim 'quiJadt per alium Jadt per means­

He who does an act through another is deemed in law to do it himself;


He who does an act through another is not deemed in law to do it himself;


Vicarious Liability


Both and


71. When innuendo is proved­

Words not defamatory in ordinary sense may become defamatory;


Words are defamatory in ordinary sense may become non-defamatory;


Words not defamatory in ordinary sense shall remain non-defamatory;


Words are defamatory in ordinary sense shall remain defamatory;


72. Malicious Prosecution consists in­

Instituting unsuccessful civil proceedings maliciously;


Instituting unsuccessful criminal proceedings maliciously and without reasonable and probable cause;


Both and


Neither nor


73. Proceedings in Parliament are­

Absolute privileges; Qualified Privileges;


Both and neither nor


74. Doctrine of apportionment of damages in contributory negligence is­
Applicable in India Applicable in England
Applicable in India and in England None of the above
75. Conspiracy is­
A Crime only; A trot only;
Both Crime and Tort Neither Crime nor Tort

76. In which of the following cases, it amounts to Nuisance­

Planting of Trees on another's land


Branches of Trees project on neighbors land


Construction ofpond on another's land


All of the above


77. Joint tort-feasors­

Are jointly and severally liable May be sued jointly


May be sued severally All of the above


78. The Communication of an offer in complete u/s.4 of Indian Contract Act­

When it comes to the knowledge of person to whom it is made;


When act is done according to the offer without knowledge of the offer;


When letter of proposal is put in course of communication;


All of the above


79. Which of the following is true for valid acceptance-?

Acceptance must be communicated to offeror himself;


It must be communicated by acceptor himself;


Both and


None of the above;


KLl4Law Series



80. Void agreement means­

It is illegal in nature It is not enforceable by law;


It violates legal procedure; it is against public policy.


81. Which of the following is Correct in India?

Past consideration is no consideration;


Consideration can be past, present or future;


Consideration has to be present;


Consideration may present or future;


82. If the letter of acceptance sent by post is lost in transit;

It is a concluded contract


It is not a concluded contract as acceptance has not come to the knowledge of the offeror:


It is not a concluded contract as acceptance has not been communicated to the offeror:


and are Correct.


83. An agreement in restraint of trade is valid u/s.27 of the contract Act ifit is for­

Sale of Goodwill Mutual adjustment;


Business Contingency All of the above


84. An agreement shall be void if there is­

Mistake offact by one party only; Mistake of fact by both the parties;


Both and None of the above


85. A Standard form Contract­

Is a valid contract One party has no choice but to accept and sign it;


Both and Consent in it is not free:


86. Consideration must move­

From the promise only From any other person;


Either or None of the above


87. 'Restitution stops where repayment begins; the principle is applicable against­

Minor only person of unsound mind;


An alien enemy All ofthe above


88. If A agrees to sell to all the grain in my granary at Shivangar; agreement is­

Void for uncertainty valid as no uncertainty there


Unenforceable; voidable;


89. Frustration of contract implies­

Commercial hardship


Physical impossibility for disappearance of subject-matter or object has failed


Both and


None of the above


90. A party to a contract can be discharged, if it has become­

Expensive Onerous;


Commercially inviable Impossible


KL14/Law Series 91. Obligations under quasi-contract are based on the­


Principle of equity, trusts and relief;


Principle of natural justice and equity;


Principle ofjust and reasonable solution;


None of the above


92. Hadley V. Baxendale is a leading case on­

Anticipatory breach breach of implied terms;


Remoteness of damages All of the above


93. Indian Evidence Act applies to proceedings­

Before Tribunals; Before arbitrator;


Before judicial proceedings in courts All of the above


94. Under Evidence Act fact means­
Factumprobandum Factum Probans;
Both and neither nor
95. Relevancy is a question of­

Law and can be raised at any time


Law but must be raised at first opportunity


Law which can be waived


Both and


96. Admissions

Are Conclusive proof of the matter admitted


Are not conclusive proof of the matter admitted but operate as estoppels


Are conclusive proof of the matter and also operates as estoppels


Both and


97. A persons whose statement is admitted u/s32 of the Act­

Must be competent to testify


Need not be competent to testify


Mayor may not be competent to testify


None of the above


98. In criminal trials, onus is on the accused to prove that his case falls in­

Any of the general exceptions


Any of the special exceptions


Any of the proviso to any provision


All of the above


99. Estoppels are binding­

Upon litigating parties upon privies of parties


Upon strangers to the lis Both and only


100 Testimony of a child witness­

Can be rejected outright;
iB) Must be accepted;



Not to be rejected outright but to be scrutinized with great care;
I :.;one of the above



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