Exam Details
Subject | ||
Paper | ||
Exam / Course | mains | |
Department | ||
Organization | Haryana Public Service Commission | |
Position | law | |
Exam Date | 2014 | |
City, State | haryana, |
Question Paper
Question Booklet Series
LAW CODE
Time Allowed: Two Hours Marks: 100
I Name: Roll No.
Read instructions given below before opening this booklet:
DO NOT OPEN THIS BOOKLET UNTIL YOUARE TOLD TO DO SO
o
1.
Use only BLUE Ball Point Pen.
2.
In case of any defect -Misprint, Missing Question/s Get the booklet changed. No complaint shall be entertained after the examination.
....
3. Before you mark the answer, read the instruction on the OMR Sheet (Answer
w
Sheet) also before attempting the questions and fill the particulars in the
ANSWER SHEET carefully and correctly.
4.
There are FOUR options to each question. Darken only one to which you think is the right answer. There will be no Negative Marking.
5.
Answer Sheets will be collected after the completion of examination and no candidate shall be allowed to leave the examination hall earlier.
6.
The candidates are to ensure that the Answer Sheet is handed over to the room invigilator only.
7.
Rough work, if any, can be done on space provided at the end of the Question Booklet itself. No extra sheet will be provided in any circumstances.
8.
Write the BOOKLET SERIES in the space provided in the answer sheet, by darkening the corresponding circles.
9.
Regarding incorrect questions or answers etc. Candidates kindly see NOTE at the last page of the Booklet.
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
Series
LAW CODE
Time Allowed: Two Hours Marks: 100
I Name: Roll No.
Read instructions given below before opening this booklet:
DO NOT OPEN THIS BOOKLET UNTIL YOUARE TOLD TO DO SO
o
1.
Use only BLUE Ball Point Pen.
2.
In case of any defect -Misprint, Missing Question/s Get the booklet changed. No complaint shall be entertained after the examination.
....
3. Before you mark the answer, read the instruction on the OMR Sheet (Answer
w
Sheet) also before attempting the questions and fill the particulars in the
ANSWER SHEET carefully and correctly.
4.
There are FOUR options to each question. Darken only one to which you think is the right answer. There will be no Negative Marking.
5.
Answer Sheets will be collected after the completion of examination and no candidate shall be allowed to leave the examination hall earlier.
6.
The candidates are to ensure that the Answer Sheet is handed over to the room invigilator only.
7.
Rough work, if any, can be done on space provided at the end of the Question Booklet itself. No extra sheet will be provided in any circumstances.
8.
Write the BOOKLET SERIES in the space provided in the answer sheet, by darkening the corresponding circles.
9.
Regarding incorrect questions or answers etc. Candidates kindly see NOTE at the last page of the Booklet.
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;
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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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