Exam Details
Subject | law | |
Paper | ||
Exam / Course | civil services preliminary | |
Department | ||
Organization | odisha public service commission | |
Position | ||
Exam Date | 2006 | |
City, State | odisha, |
Question Paper
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1. "Jurisprudence is the fonnal science of those relations of mankind which are generally recognised as having legal consequences and as such is the fonna! science ofpositive law." Jurisprudence has been thus defined by
Salmond
Austin
Julius Stone
HoIland
2. The statement "There is no distinction between public and private law" is attributed to
Ihering
Ehrlich
Duguit
Spencer
3. "Law as such is found and not made. It is to be found in popular faith, common convictions, customs; traits, habits, traditions which in course of time grow into legal rules." This concept of law was propounded by
Savigny
Thibaut
Henry Maine
Salmond
4. Kelsen's theory of Law is caIled pure theory of law because Kelsen
purely discussed jurisprudence only
J
defined law in accordance with morality and purity
separated law from religion, ethics, sociology and history
discussed law purely in terms of justice
BAC-12 2A
5. 'Positive Law' is called positive because it is
followed by every body
made by a person in authority
madeasaresultofdivineprovidence
made as a result of collective effort
6. Consider the following four types of legal doctrines:
1.
Volksgeist
2.
Imperative theory of Law
3.
Social Engineering
4.
Social solidarity
t
Identify the correct order in terms of time
on which they appeared
I,2,3and4
2,I,4and3
I and 2
I,3and4
7. Consider the following statement with regard to Natural Law
1.
.The central notion of natural law is
the existence of objective moral
principle.
2.
These principles are discovered by
reference to legal soUrces as the
•
Constitution, Codes and so on. t
3. These principles are discovered as
the essential nature of man.
Of these statements
2 and 3 are correct
land 2 are correct
2 and 3 are correct
I and 3 are correct
(Contd.)
8. According to Jurists of Analytical School
Custom becomes law after its
recognition by the sovereign
Custom never becomes law
Custom is a law from the very
inception of it
i I Customs are only positive morality even after recognition
I 9. Roscoe Pound propounded the theory of "Social Engineering" which means
I greatest happiness to greatest number
I of people balancing of competing interests in
society
I
changes in the concepts and functions of the State
that law has its source in the general consciousness
10. Realist theory of Gierke is also known by the name of
Purpose theory
Bracket theory
Organic theory
t
Concession theory
II. "All theories on the subject ofpunishment have more or less broken down and we are at sea as to first principle of
punishment." It was so observed by
Sir Henry Maine
Blackstone
St. Stephens
Taylor
BAC-12
12. "Fear is an eJlotion that plays a paramount part in every human being's life. If a man knows that violation of laws will render him to suffer, he by instinct fears to commit it." The above statement supports
Retributive theory of punishment
Expiatory theory of punishment
Reformative theory of punishment
Deterrent theory of punishment
13. "To open a school is to close a prison." The above dictum is of
Salmond
Roscoe Pound
Victor Hugo
Ferry
14. "The pleasure ofvengeance calls to mind sermon's riddle It was sweet corning out of terrible, it is the honey dropping from the lion's mouth." It was so observed by
Aschenffenburg
Bentham
Gillin
Kenny
15. "Custom as a source of law, comprises legal rules which have neither been promulgated by legislation nor formulated by professionally trained judges, but arises from popular opinion and sanctioned by long usage." Who amongst the following defined custom as above?
Henry Maine
Comte
Carter
Vinogradoff
(Contd.)
16. Which ofthe following could be considered to be advantages· of legislation over precedent?
1.
Abrogative power
2.
Foreknowledge
3.
Prospective application
4.
Systematic arrangement Select the correct answer, using codes given below:
Codes:
and 4
i and 3
1,2and4
1,2and3
17. The statement "Precedents are the past decisions which are used as guide in the moulding offuture decisions", is attributed to
Keeton
Gray
Oppenheim
None of the above
18. Find out according to whom, there are four classes of absolute duties viz. duties to self, duty to indeterminate person, duty to the sovereign and duty to one who is
not a human being.
Salmond
Pollock
Austin
Duguit
BAC-12 4J
19. Which one of the following is not the correct attribute of ownership?
Right to sell the property
Right to mere occupancy
Right to residual use of the property
Right to make a gift of the property
20. In which one of the following case has the court applied the doctrine -of "lifting the veil" to detennine distinct personality of corporation
Salomon V Salomon Co. Ltd.
Young V. Hitchens
Johnson V. Kennedy
Brookland V. Metropolitan Corpomtion
21. The preamble to the Constitution secures to all citizens
Liberty of thought, expression and worship
Liberty ofthought, expression, belief, faith and worship
Liberty of thought, expression, faith and worship
Liberty of thought, expression, belief and faith
22. The words 'Socialist Secular' have been inserted in the preamble by
The Constitution Forty-fourth Amendment
The Constitution Forty-second Amendment
The Constitution Forty-first Amendment
The Fortieth Amendment of the Constitution
(Contd.)
•
23. The nature of the Indian Constitution is
Federal
Unitary
Quasi-federal
None of the above
24. Constitution (77th Amendment) Act, 1995 provides for
Consequential seniority in matters of promotion in favour ofschedule caste and schedule tribes
Keeping unfilled vacancies of a year
reserved for SC/ST candidates separate from the of• succeeding years, for determining the ceiling of fifty percent
Permits the state to showing any favour to any class of persons
Prohibits discrimination against the acCess to shops, public restaUrants and place of public entertainment
25. In Air fudia V. Nargesh Meerza (1981)
4SCC 335 the termination ofAir Hostesses on the ground of pregnancy within four yearS was held to be
Violative of the Constitution being unreasonable and arbitrary as it compels the Air Hostess not to have any children
yalid as it not only improves the
S
health of the employee but also helps
in boosting up ofour family planning programme
Valid as otherwise the Corporation will have to incur huge expenditure in recurring additional air hostesses either on a temporary on ad-hoc basis
None of the above
BAC-12 SA
26. The directive to the state for fonnulating its economic policy is provided under Art. 37
Art. 39
Art. 39
Art. 43 A
27. The fundamental duties are confined to
Citizens
Juristic persons
All persons
None of the above
28. The President of India shall hold office
For a term of five years from the date of declaration of the result
For a term of five years from the date of the: post has fallen vacant
For a term of five years from the date on which he enters upon his office
For a tenn of five years from the date he is administered oath of his office
29. The governor of a state under the Constitution of India is empowered to act without the aid and advice of the Council of Ministers and acts in his own discretion under
Article 164
Article 162
Article 163
None of the above·
30. Every Judge of the Supreme Court shall hold office until he attains the age of
60 years
62 years
65 years
58 years
(Coold.)
31. Article 323 is related to
Expenses ofPublic Service Commissions
Reports of Public Service Commissions
Functions ofPublic Service Commissions
None of the above
32. The Chairman of a State Public Service Commission is appointed by the
Chief Minister
Prime Minister
President
Governor
Article 355 of the Constitution of India proVides for
Distribution of revenue during the emergency promulgated under Art. 352 of the Constitution
Duty of the Union to protect states against external aggression and internal disturbances
The power of Parliament to legislate on matters not enumerated under Union list
None of the above
34. The 44th Constitutional Amendment Act, 1978 provides that
During emergency the right to move to the Court for the enforcement of fundamental rights except article 20 and 21 is suspended of the Constitution
The President can authorize the expenditure from the Consolidated
J
Fund of the State
Permits, during ernergency (Under Article to State Legislative Assemblies to Legislate on Railways
Allows the administration ofSchedule areas and Tribal Areas
BAC-12 6A
35. An amendment of the Constitution may be initiated
Council of States House of People Either in the Council of States or in the House of People None of the above
36. To seek the services of a legal practitioner of his own choice is guaranteed as a fundamental right under Article 21 A Article 22 . Article 39 A Articld2
37. The salary ofa sitting judge ofthe Supreme Court of India may be reduced By the President of India If it· is approved by Parliament with special majority If it is approved by the Chief Justice of India
If a proclamation of financial emergency is in operation
38. Any charge for impeachment of the President may be preferred Only in the Lok Sabha
Only in Rajya Sabha Only in a joint Session of Parliament 1
By eitherHouse of Parliament
39. 'The preamble is Ii part of the Constitution' was held in
A.K. Gopalan V. State of Madras
Berubari Union case
Keshavanand Bharti V. State ofKerala
None of the above
(Conld.)
40. The Chainnan ofthe Union Public Service
Commission may be removed from his office
By the Government of India
By the members of the Commission an unanimous resolution for the removal is passed
By the order ofthe President ofIndia, where the Supreme Court to whom reference was made after conducting the inquiry, reports that the Chairman should be removed
None of the above
41. Which ofthe following statements reflects the true definition of International Law
"
International Law is a body of rules and principles of action which are binding upon civilised states in their . relations with one another
International Law is 'the form ofrules accepted· by civilised states as their conduct towards each other and. towards each other subjects
International Law is the standard of conduct at a given time for the states and other entities thereto
International Law consists of body of rules which regulate. the conduct ofthe states in theirintercourse.with each other
42. Which ofthe following statements relating to the basis of International Law is true
International law is law because states regard it as law
International law is not a true law
International law is a mere positive morality
The true basis of International law is coercion
BAC-12 7A
43. Wliich ofthe following staternents relating to Monism is true
obligations and Municipal rules are not the facets of same phenomenon
International obligations and Municipal rules derive ultimately from one basic norm
International Law and Municipal Law are two· separate systems
International Law and Municipal Law are unified branches of knowledge, while the former applied to states, the later is applied to individuals
44. Which of the following theory is being
.followed in India in respect of International Law?
Specific Adoption theory
Monism
Dualism
Delegation theory
45. Which of the following source of International Law does not find mention inArticle 38 ofthe Statute ofInternational ·Court of Justice?
General principles oflaw recognised by civilised States
Decisions or determinations of the organs of International Institutions
Decisions of Judicial or Arbitral Tribunals and Juristic works
International customs
(Contd.)
46. Which of the following is considered as
a subsidiary means of determination of
law, under International Law in its
settlement of disputes
General principles oflaw recognised by civilised States
International Customs
International Conventions
Teachings of most highly qualified publicists
47. According to Article 38 of the Statute of International Court of Justice, which is the correct order of the sources of International Law
Customs, International Conventions, general principles of law recognised by Civilised States, Judicial decisions and Juristic opinions
International conventions, general principles of law recognised by civilised States, Judicial decisions and Juristic opinions
International conventions, customs, general principles of law recognised by Civilised States, Judicial decisions and Juristic opinions
International conventions, judicial decisions and Juristic works, customs, general principles of law recognised by Civilised States
BAC-12 SA
48. Which ofthe following statements relating to 'custom' as a source of International Law is correct
A practice, in order to be recognised
as should be universal in
practice
A custoltlB1Y practice is not customary
law unless, opinio juris is present
A custom is required to be ancient
and immemorial
The custom should be complete in
uniformity
49. WhichofthefollowingstatementsIelating to the recognition of States is not true
A state is recognised when it
possesses essential elements of
statehood
Recognition of a State means that it
has been included as a member of
International Community
Recognition of a State is purely a
Legal act
There is no difference between
recognition of State and recognition .of government
50. Which of the following is a consequence of non-recognition of a State
A recognised state cannot sue in the
. courts. of non-recognising state
An unrecognised state cannot sue in
the courts of non-recognising state
recognised state can sue in the
courts ofany state whether recognised
or not
An =gnised state cannot sue in
the courts ofrecognised, by UN, states
(Contd.)
51. The principle of 'continuity of State' means
The change in the government of a
state does not affect its legal
personality of the state
The new government will not succeed
to any of the rights and obligations
of the predecessor state
The new government· will succeed
to certain rights but to no obligations
The new government will succeed
only to the debt obligations of the
I .. predecessor state
52. Which of the following statements relating
to succession of state is true/correct
Both the Civil and Criminal Law of
the former state continue until
changed by the successor state
Only Civil Laws continue until
changed by the successor state
Only Criminal Laws continue until
changed by the successor state
Both Civil and Criminal Laws will
not continue
53. Which of the following Articles of the
I
UN Charter embodies the principle of self
determination as one of the purposes of United Nations?
Article
Article
Article
Article
BAC-12 9A
54. Which ofthe following statements relating to the principle of 'Non-Intervention' proclaimed under Article of the UN Charter is true
domestic matters state is an absolute principle
E,ven the, UN Charter does not authorise the UN to intervene in matters whij:h are essentially within the domestic jurisdiction of a state
The UN cannot interfere in its domestic matters of a state with its express consent
The UN is competent to intervene, in its domestic, matters of a state, where the provisions of Charter and
'rules of International Law permit it to dow
55. According to the provisions of the UN Charter, the primary responsibility for the maintenance of International Peace and Security rests,with
General Assembly
Security Council
Both General Assembly and Security Council
Security Council and International Court ofJustice
(Contd.)
56. Which ofthe following statements relating
to the binding nature of the Resolutions
of Security Council is
.Only the resolutions of Security Council passed under chapter VII of Charter are binding, rest are not
As per Article 25 ofthe Charter, the resolutions of the Security Council are partly binding and partly recommendatory
As per Article 25 of the Charter, all the resolutions passed by the Security Council under the UN Charter are binding on the part of the states
As per Article 25 of the Charter, the resolutions passed by the Security Council are only recommendatory in nature and not binding on the states
57. Which ofthe following statements is not true with respect to the Human Rights under the UN Charter
Human Rights are Natural and inalienable
The existence of Human Rights are independent of positive law
Human Rights are well defined under the provisions of the UN Charter
UN has the duty to promote Universal respect and the observance ofHuman Rights and fundamental freedoms for all without distinction
BAG-12 lOA
58. Which of the following Human Right is
not expressly provided for in the UDHR,
1948
Right to life, liberty and security of
persons
Right to own property
Right ofpeople to selfdetennination
Abolition of slavery and slave like
practices
59. Which of the following rights is not
included in the Convention on tlie
Against Women (CEADAW)
To have access to Agriculture credit
and loans
To enjoy adequate living conditions
To have access to adequate health
care faCilities·
participate in .. promoting
International peace and co-operation
60. Which of the following Human Rights is
considered as the. third generation of
Human Right
Right to social security
Right to development
Right to own property
Right to work
61. Which one of the following is an essential component of the law of tort
Breach of a right
Specific restitution of property
Injunction
Breach of duty
(Contd.)
62. In law of tort duty is
primarily fixed by the law
ordinarily fixed by the law
naturally fixed by the law
definitely fixed by the law
63: In Law of tort a person should be called upon to pay for damage caused br his
. directions
instructions
capability
fault
•
64. A plaintiff has no remedy under strict liability if
the defendant is negligent·
there is an escape ofa dangerous thing
the plaintiff does not default
the defendant has no statutory authority
65. A master M employed a car mechanic S to repair cars. S repaired' the plaintiff's car and drove it for a short distance to check whether the repair was proper. In the process S caused an accident and injured the plaintiff P. M is
• not liable as S was not authorised to drive the car
liable for negligence of S
not liable as act was outside his
course of employment
liable as act is necessarily incidental to the nature of his duties
BAG-12 w
66. Which one of the following does not
constitute course of employment
The servant's act is expressly authorised by the master
The servant is doing something for
of the IDl,ISter ,The servant's' act is impliedly ,authorised by the master
The servant is doing the authorised act in an unatithorised manner
67. Persons are said, to be joint tort-feasors when their separate shares in the commission of the tort are done in
,furtherance of a common
intention
interest
design
object
68. X and Y searchillg for a,gas leak applied a naked light to a gas pipe in turns. act caused an explosion resulting in damage. Which OIie of the following statements is correct
Y alone is liable as his act caused the damage
X is vicariously liable for act X and Yare both liable
X and Y are both liable as joint tortfeasors
69. Which one of the following statements is correct with reference to the neighbour principle?
One must take reasonable care towards persons who are near him
There is no general duty to act positively for the benefit of others
Consumer items are beyond the purview of the neighbour principle
Neighbour is a person who is in physical proximity to the defendant
70. Employees of a municipality opened a street manhole to correct underground faults. Since they could not complete the work the same day, -they covered the manhole by canvass and surrounded the same by waming lamps. In the evening a child ofeight years of age came on to the scene and started playing with a lamp' when he stumbled and fell into the manhole sustaining burn injUries. The municipality is
not liable as they acted reasonably
liable because a known source of danger cau'sed' damage ·through unforseeable sequence of events
not liable as injury to the child is not foreseeable
liable because they should have
completed their work before leaving
71. In the tort of defamation
there may not be a loss of reputation
someone isridiculed
hatred is generated
there is a loss of reputation
BAC-12 12,
72. Which of the following statements are
correct in respect of the defence of fair
comment in tort of defamation
1.
The matter commented on must be of public'interest.
2.
The comment must be an assertion oUact.
3.
The comment must be true.
4.
. The comment must not be malicious.
5.
The comment must be an expression
of opinion. Select the correct answer using the code given below
Code:
2 and 3
1,4 and 5
3 and 5
2,4 and 5
. 73. one of the following is not an essential element of the tort of conspiracy
Purpose
Overt act
Concerted action
Intention
74. In the tort of conspiracy it is necessary to
form an agreement
cause damage
do an illegal act
do a legal act
75. Which one of the following is a remedy
in an action. for nuisance in tort
Private defence
Habeas corpus
Abetment
Specific restitution of property
(Cantil.)
76. A private action.lies in public nuisance when the damage caused is
direct
substantial
consequential
special
77. A is sleeping in his room at night when B locks his door from outside. B unlocks and opens the door before A gets up in the morning. B is
liable for defamation in tort because he can boast that he had locked A
liable for false imprisonment because he has caused total restraint to A
•
not liable for defamation in tort because A did not know that he remained locked in the night
not liable for false imprisonment because A did not know that he remained locked in the night
78. A unlawfully locks B in a room. B has a duplicate key in his pocket by which he can open the door from inside and corne out. But B forgets about the key and, as a result, remains locked for two hours. B then remembers that he has a duplicate key and opens the door and comes out A is
•
liable for false imprisonment because he llcted unlawfully
not liable for false imprisonment
•
because B had a duplicate key by whichhe could have opened the door and corne out
..
liable for false imprisonment because B had furgotten that he had a duplicate key
not liable because forgetfulness was responsible for B remaining in the room
BAC-12 13
79. Malicious prosecution is a tort against
police excesses
damaging the dignity of a person
abuse of legal procedure
violation of personal liberty
8q. Which one of the following is not an essential element ofthe tort of malicious . prosecution
Damage caused to the plaintiff
Absence of reasonable and probable cause
Termination of the case in favour of the plaintiff
. Prosecution of the defendant by the plaintiff
81. Mens rea implies
intention
knowledge
motive
a guilty mind
82. Mens rea on the part of the accused is
necessary in all the crimes
not necessary at all
necessary unless excluded expressly or by necessary implication
not required to be proved by the prosecution
83. A, with the intention of marrying a lady B during the life time ofhis wife enters into a wedlock with B. Unknown to X had died in an accident just a few hours before the marriage. Here A is liable for
Bigamy
Attempt to Bigamy
Preparation to commit bigamy
Not liable for any offence
A (Could.)
84. A keeps his wife B locked up in a room without food for several days with intention to bring about her death. One day, B escapes from the lock up and is at verge of collapse when taken to hospital by the villagers. however, recovers fully after the treatment. Here
A is not liable for attempt to murder as he has not done the last act necessary for the commission of the crime
A is not liable for attempt to murder as he still has locus paenitentiae
A is liable for attempt as he has intention to cause death and has done acts towards the commission of the crime which clearly indicate his intention
A is not liable for attempt to murder and is liable for causing bodily harm to the woman
85. A was under voluntary intoxication when he· killed B. The prosecution could not establish that A was capable offormulating the intention to kill. Here A is guilty of
Murder
culpable homicide not amounting to
murder
causing death by a rash or negligent act
no offence
BAC-12 14A
86. A joins a gang of dacoits by reason of a
threat of being beaten. He is compelled
later on by the decoits to break open the
door of a house tll facilitate dacoity in
which an inmate of the house is killed.
Here
A will not be liable for any offence
as he joined the gang under threat of
being beaten
A will· be liable only for breaking
open the door
.A will be jointly liable for murder
along with other dacoits as he joined
the, gang under a threat which was
short of instant death
A will not be liable for murder as he
was standing outside the house and
did not know as to what was
happening inside the house
87. For determining liability ofseveral persons
with the help of Section 34, it is required
that these persons should
share the same intention
have the same intention
have the common object
have the same knowledge
88. D and E allegedly entered the
house of X with the common object of
taking forcible possession of the house.
who was carrying a pistol within the
knowledge ofothers, shot X dead in order
to take possession. E was acquitted as it
could not be proved beyond reasonable
doubt that E was present in the assembly. Here •
C and D are jointly liable for
a10ngwith A on the basis of
Section 149
C and D are jointly liable for
murder on the basis of Section 34
D are liable for constituting
an unlawful assembly
A alone is liable for murder and others
are not liable for any offence
(Contd.)
89. X, servant of a household, agrees with A'· and B to keep the door of the house open during night to facilitate theft. In accordance with the agreement, X keeps the door open but A and B do not turn up. Here the offence committed is
attempt
(l» abetment by conspiracy abetment by instigation
no offence
90. Which of the following-statements .isnot correct?
abetment of an abetment also an offence
to constitute the offence of abetment, it is not necessary that the act abetted should be committed
it is not necessary that the person abetted should have the same guilty intention or knowledge as that of the abettor
an abettor cannot be held liable for abetment if the abetted person is not liable
91. An agreement between two or more persons is required for criminal conspiracy under Section 120-A. Which of the folIowing statements is correct in this
context?
the agreement must be to do an illegal act by illegal means
the agreement must be to do an illegal act or a legal act by illegal means
the agreement must be to commit an offence
an overt act apart from the agreement is required
BAC-12 ISA
92. A and B agreed to cause the death of X by poisoning. in persuance of the agreement, went to a chemist shop and told him the purpose for which the poison was required. C provided B the poison. The accused were caught before
l'Oison could be adminjstered to X. . A and B are liable for criminal
• conspiracY but C is not liable
and Garejill}iable for criminal c9hspirllcy .
B and C lire liable for attempt to murder
B and C are not guilry of any offence
93. A speech is punishable as sedition if it
simply excites or attempt to excite disaffection towards the government
strongly criticises the measures undertaken by the government
is intended or has a tendency to create disorder ordisturbance ofpublic peace by resort to violence
advocates boycott of multinational corporations and their products
94.. Which ·of the following is required' as an essential ingredient of 'sedition'
mala fide intention
intention to disturb the government established by Law
intention to overthrow the governinent by resort to violent means
intention to bring or attempt to bring into hatred the government established by Law
(CorM)
95. The act of the accused causing death amounts to murder if the act is done
with the intention of causing such bodily injury as is likely to cause death
with the knowledge that the act is likely to cause death
with the intention of causing such bodily injury as the offender knows to be likely to cause the death of that person
with the intention ofcausing a simple hurt
96. The act ofthe accused amounts to culpable homicide not amounting to murder if it falls under
I. anyoneoftheClauses ofSection299.
2.
anyone ofthe Clauses ofSection 299 but does not fall under anyone of the four Clauses of Section 300.
3.
anyone of the exceptions to
Section 300. Of these statements
only is correct
both and are correct
both and are correct
only is correct
97. On being infonned that six persons, armed with deadly weapons,. are coming to loot their house, the inmates of the house flcid away in fear of being killed. The accused entered the house and took away the
property without use of any violence. The offence committed was
theft
dacoity
attempt to dacoity
robbery
BAe-12 16A
98. Extortion becomes robbery when
force is used in taking away the
property
committed by more than one person
property is delivered under the fear
of instant death
property is delivered under the fear
of an injury
99. An employer deducts an amount from the salary of an employee as Provident Fund but fails to deposit the amount in the provident fund account of the employee.
. The offence Committed by the employer
is
cheating
theft
criminal misappropriation
criminal breach of trost
100. A finds a five hundred rupee currency note near his office. A is guilty ofcriminal misappropriation if he
puts the currency note in ·his pocket
puts a notice on office notice board
and waits fot reasonable time before
using the money
purchases eatables with the money
as he is. hungry and has no money
it·
given the money for charity after
waiting for some time allowing the
owner to claim the money
(Could.)
10I. Ifboth the parties to a contract believe in the existence of a subject which in fact does not exist, the agreement would be
Unenforceable
Void
Voidable
None of these
102. A master asks his servant to sell his cycle' . to him at less than the niarket price. This contract can be avoided by the servant on
L
the grounds of
i
. Coercion
I
Fraud
Undue Influence
t
Mistake
103. Which country does not recognise a past
consideration
England
America
India
Germany
.
104. When the damages can not be assessed the party may be awarded by the court
Actual Damages
Liquidated Damages
Exemplary Damages
Nominal Damages
r
105. "B" accepts the proposal of"A" by posting a letter of acceptance to "A" the above acceptance
Can not be revoked by "B" as he has already accepted the offer and
'dropped the letter of acceptance J
Can be revoked by "B" before the letter of acceptance reaches "A"
Can be revoked by "B" as soon as the letter ofJlcceptance reaches "A"
Can be revoked by "B" at any time after the letter of acceptance reaches
"AU
BAC-12
106. "V" places an order with "S" for the supply of 20 sewing machines. "S" could not supply these in time. "V" loses a profitable contract due to this and claims his loss of profit from "S". But does not succeed as the natUre of Damage is
Foreseeable
. Remote
Ordinary
Special
107. Which one of the following conditions must be satisfied for making claim under "Necessaries" supplied to a person incapable of contracting?
The articles supplied should be necessaries
The articles supplied should be necessary at the time of sale and delivery
Necessaries must have been supplied gratituously out of mere kindness
Necessaries should be supplied out to a contract
108. In case of conflict of jurisdiction of the courts; the incidence of a Contract shall be governed by the law of the place where the
Contract is made
Contract is performed
Acceptor resides
Proposer resides
7A (CoDld.)
109. A quantum meruit claim might'arise in the situations some ofwhichare contractual and others quasi-contractual. The plaintiff entered into an agreement to work for a periodical and as per the agreement he was to receive a lumpsum amount on completion ofhis work. When the plaintiff had written part ofthe work, the defendant had already abandoned the project. The plaintiff was held entitled to sue for the work already done, because the plaintiff's claim was
Contractual
Tortous
Quasi-contractual
Partly contractual and partly tortous
II O. The inadequacy of consideration will be taken into account by a Court of Law
When the promisor expresses his desire to get maximum returns for a promise
When the promisor performs his promise
When the fraud, coercion or undue influence in the formation of contract is pleaded
Always at the discretion of the Court
III. The principle behind the doctrine of pari delicto is that where each party is equally at fault the law favours the party who actually is
Not is possession
In possession
Injured and helpless
Owner of the things concerned
BAC-12 18.
112. A standard fonn of contract is one in which:
the tenus art< fixed by the government of the state to which the contracting party belongs
The tenus are pre-detenuined by the custom of the trade to which the contracting parties belong
The tenns on which mercantile transactions of common occurrence are to be carried out
The tenus are fixed by one of the parties in advance and one open to acceptance by anyone
113. Consider the following statements, with regard to "Uberrima fides"
1.
It falls within a class of cases which require utmost good faith.
2.
Every contract is a contract, "Uberrima fides".
3.
Contract ofInsurance is an example of "Uberrima fides".
2 and 3 are correct
1 and 3 are correct
2 and 3 are correct
1 and 2 are correct
1i4. A property worth Rs. 25,000 was agreed to be sold by "X" for Rs. 8,000. However, mother moves for setting aside the agreement on the proof that "X" is a congenital "Idiot". In this context which one of the following is correct
The mother will not succeed
The mother will succeed
The mother is bound to execute the agreement
The "Idiot" can avoid the agreement
(Conld.)
liS. Which one of the following is II contingent", contract?
"A" insures his factory against damage or destruction by fire
"A" sells his property subject to the condition that the property will be reconveyed to him on repayment of price with interest
A guard is appointed lit II swimming pool for the sole purpose'ofrescuing drowning persons
A borrower solC!fiJ1ly promises to pay
t offthe tender when the borrower will be in funds
1 116. The plaintiff sees the defendants child falling in water. He saves the child from drowning. Later the defendant promises to give him Rs. 1000. In this context which one of the following propositions is correct?
The defendants liability is statutory
The defendants liability arises in quasi-contract
The defendant is not liable as there is no contract
The defendant is liable because the agreement is not "nudum pactum"
117. Liquidated damages is essentially as
Payment of money stipulated as warning to thll offending ptu1y
I. PlIyment ofcompensotioll determined by court
Compl;:llsatlon arbltrllrlly determined by aSBrll"ved party
Genuine cQytmanted pre-oltlmate of
J
damaglls
BAC-12 19;
U8.The, qefence of "non est factum" is available to the contracting party who has committed mistake as to the
Nature of contract
Identity of the contracting party
Quality ofthe promise made by other . contracting party
Quality of the subject-matter of the contract
119. Which one of the foIlowing constitutes an offer in a self-service store
Display of goods at the shop window
When the customer asks for some goods
There is not offer in such a case
Picking up an article and approaching the cashier's desk for payment
120. The communication of acceptance through telephone is regarded complete when
Acceptance is spoken on phone
Acceptance comes to the knowledge of party proposing
Acceptance is put in course of transmission
Acceptor has done whatever is required to be done by him
1. "Jurisprudence is the fonnal science of those relations of mankind which are generally recognised as having legal consequences and as such is the fonna! science ofpositive law." Jurisprudence has been thus defined by
Salmond
Austin
Julius Stone
HoIland
2. The statement "There is no distinction between public and private law" is attributed to
Ihering
Ehrlich
Duguit
Spencer
3. "Law as such is found and not made. It is to be found in popular faith, common convictions, customs; traits, habits, traditions which in course of time grow into legal rules." This concept of law was propounded by
Savigny
Thibaut
Henry Maine
Salmond
4. Kelsen's theory of Law is caIled pure theory of law because Kelsen
purely discussed jurisprudence only
J
defined law in accordance with morality and purity
separated law from religion, ethics, sociology and history
discussed law purely in terms of justice
BAC-12 2A
5. 'Positive Law' is called positive because it is
followed by every body
made by a person in authority
madeasaresultofdivineprovidence
made as a result of collective effort
6. Consider the following four types of legal doctrines:
1.
Volksgeist
2.
Imperative theory of Law
3.
Social Engineering
4.
Social solidarity
t
Identify the correct order in terms of time
on which they appeared
I,2,3and4
2,I,4and3
I and 2
I,3and4
7. Consider the following statement with regard to Natural Law
1.
.The central notion of natural law is
the existence of objective moral
principle.
2.
These principles are discovered by
reference to legal soUrces as the
•
Constitution, Codes and so on. t
3. These principles are discovered as
the essential nature of man.
Of these statements
2 and 3 are correct
land 2 are correct
2 and 3 are correct
I and 3 are correct
(Contd.)
8. According to Jurists of Analytical School
Custom becomes law after its
recognition by the sovereign
Custom never becomes law
Custom is a law from the very
inception of it
i I Customs are only positive morality even after recognition
I 9. Roscoe Pound propounded the theory of "Social Engineering" which means
I greatest happiness to greatest number
I of people balancing of competing interests in
society
I
changes in the concepts and functions of the State
that law has its source in the general consciousness
10. Realist theory of Gierke is also known by the name of
Purpose theory
Bracket theory
Organic theory
t
Concession theory
II. "All theories on the subject ofpunishment have more or less broken down and we are at sea as to first principle of
punishment." It was so observed by
Sir Henry Maine
Blackstone
St. Stephens
Taylor
BAC-12
12. "Fear is an eJlotion that plays a paramount part in every human being's life. If a man knows that violation of laws will render him to suffer, he by instinct fears to commit it." The above statement supports
Retributive theory of punishment
Expiatory theory of punishment
Reformative theory of punishment
Deterrent theory of punishment
13. "To open a school is to close a prison." The above dictum is of
Salmond
Roscoe Pound
Victor Hugo
Ferry
14. "The pleasure ofvengeance calls to mind sermon's riddle It was sweet corning out of terrible, it is the honey dropping from the lion's mouth." It was so observed by
Aschenffenburg
Bentham
Gillin
Kenny
15. "Custom as a source of law, comprises legal rules which have neither been promulgated by legislation nor formulated by professionally trained judges, but arises from popular opinion and sanctioned by long usage." Who amongst the following defined custom as above?
Henry Maine
Comte
Carter
Vinogradoff
(Contd.)
16. Which ofthe following could be considered to be advantages· of legislation over precedent?
1.
Abrogative power
2.
Foreknowledge
3.
Prospective application
4.
Systematic arrangement Select the correct answer, using codes given below:
Codes:
and 4
i and 3
1,2and4
1,2and3
17. The statement "Precedents are the past decisions which are used as guide in the moulding offuture decisions", is attributed to
Keeton
Gray
Oppenheim
None of the above
18. Find out according to whom, there are four classes of absolute duties viz. duties to self, duty to indeterminate person, duty to the sovereign and duty to one who is
not a human being.
Salmond
Pollock
Austin
Duguit
BAC-12 4J
19. Which one of the following is not the correct attribute of ownership?
Right to sell the property
Right to mere occupancy
Right to residual use of the property
Right to make a gift of the property
20. In which one of the following case has the court applied the doctrine -of "lifting the veil" to detennine distinct personality of corporation
Salomon V Salomon Co. Ltd.
Young V. Hitchens
Johnson V. Kennedy
Brookland V. Metropolitan Corpomtion
21. The preamble to the Constitution secures to all citizens
Liberty of thought, expression and worship
Liberty ofthought, expression, belief, faith and worship
Liberty of thought, expression, faith and worship
Liberty of thought, expression, belief and faith
22. The words 'Socialist Secular' have been inserted in the preamble by
The Constitution Forty-fourth Amendment
The Constitution Forty-second Amendment
The Constitution Forty-first Amendment
The Fortieth Amendment of the Constitution
(Contd.)
•
23. The nature of the Indian Constitution is
Federal
Unitary
Quasi-federal
None of the above
24. Constitution (77th Amendment) Act, 1995 provides for
Consequential seniority in matters of promotion in favour ofschedule caste and schedule tribes
Keeping unfilled vacancies of a year
reserved for SC/ST candidates separate from the of• succeeding years, for determining the ceiling of fifty percent
Permits the state to showing any favour to any class of persons
Prohibits discrimination against the acCess to shops, public restaUrants and place of public entertainment
25. In Air fudia V. Nargesh Meerza (1981)
4SCC 335 the termination ofAir Hostesses on the ground of pregnancy within four yearS was held to be
Violative of the Constitution being unreasonable and arbitrary as it compels the Air Hostess not to have any children
yalid as it not only improves the
S
health of the employee but also helps
in boosting up ofour family planning programme
Valid as otherwise the Corporation will have to incur huge expenditure in recurring additional air hostesses either on a temporary on ad-hoc basis
None of the above
BAC-12 SA
26. The directive to the state for fonnulating its economic policy is provided under Art. 37
Art. 39
Art. 39
Art. 43 A
27. The fundamental duties are confined to
Citizens
Juristic persons
All persons
None of the above
28. The President of India shall hold office
For a term of five years from the date of declaration of the result
For a term of five years from the date of the: post has fallen vacant
For a term of five years from the date on which he enters upon his office
For a tenn of five years from the date he is administered oath of his office
29. The governor of a state under the Constitution of India is empowered to act without the aid and advice of the Council of Ministers and acts in his own discretion under
Article 164
Article 162
Article 163
None of the above·
30. Every Judge of the Supreme Court shall hold office until he attains the age of
60 years
62 years
65 years
58 years
(Coold.)
31. Article 323 is related to
Expenses ofPublic Service Commissions
Reports of Public Service Commissions
Functions ofPublic Service Commissions
None of the above
32. The Chairman of a State Public Service Commission is appointed by the
Chief Minister
Prime Minister
President
Governor
Article 355 of the Constitution of India proVides for
Distribution of revenue during the emergency promulgated under Art. 352 of the Constitution
Duty of the Union to protect states against external aggression and internal disturbances
The power of Parliament to legislate on matters not enumerated under Union list
None of the above
34. The 44th Constitutional Amendment Act, 1978 provides that
During emergency the right to move to the Court for the enforcement of fundamental rights except article 20 and 21 is suspended of the Constitution
The President can authorize the expenditure from the Consolidated
J
Fund of the State
Permits, during ernergency (Under Article to State Legislative Assemblies to Legislate on Railways
Allows the administration ofSchedule areas and Tribal Areas
BAC-12 6A
35. An amendment of the Constitution may be initiated
Council of States House of People Either in the Council of States or in the House of People None of the above
36. To seek the services of a legal practitioner of his own choice is guaranteed as a fundamental right under Article 21 A Article 22 . Article 39 A Articld2
37. The salary ofa sitting judge ofthe Supreme Court of India may be reduced By the President of India If it· is approved by Parliament with special majority If it is approved by the Chief Justice of India
If a proclamation of financial emergency is in operation
38. Any charge for impeachment of the President may be preferred Only in the Lok Sabha
Only in Rajya Sabha Only in a joint Session of Parliament 1
By eitherHouse of Parliament
39. 'The preamble is Ii part of the Constitution' was held in
A.K. Gopalan V. State of Madras
Berubari Union case
Keshavanand Bharti V. State ofKerala
None of the above
(Conld.)
40. The Chainnan ofthe Union Public Service
Commission may be removed from his office
By the Government of India
By the members of the Commission an unanimous resolution for the removal is passed
By the order ofthe President ofIndia, where the Supreme Court to whom reference was made after conducting the inquiry, reports that the Chairman should be removed
None of the above
41. Which ofthe following statements reflects the true definition of International Law
"
International Law is a body of rules and principles of action which are binding upon civilised states in their . relations with one another
International Law is 'the form ofrules accepted· by civilised states as their conduct towards each other and. towards each other subjects
International Law is the standard of conduct at a given time for the states and other entities thereto
International Law consists of body of rules which regulate. the conduct ofthe states in theirintercourse.with each other
42. Which ofthe following statements relating to the basis of International Law is true
International law is law because states regard it as law
International law is not a true law
International law is a mere positive morality
The true basis of International law is coercion
BAC-12 7A
43. Wliich ofthe following staternents relating to Monism is true
obligations and Municipal rules are not the facets of same phenomenon
International obligations and Municipal rules derive ultimately from one basic norm
International Law and Municipal Law are two· separate systems
International Law and Municipal Law are unified branches of knowledge, while the former applied to states, the later is applied to individuals
44. Which of the following theory is being
.followed in India in respect of International Law?
Specific Adoption theory
Monism
Dualism
Delegation theory
45. Which of the following source of International Law does not find mention inArticle 38 ofthe Statute ofInternational ·Court of Justice?
General principles oflaw recognised by civilised States
Decisions or determinations of the organs of International Institutions
Decisions of Judicial or Arbitral Tribunals and Juristic works
International customs
(Contd.)
46. Which of the following is considered as
a subsidiary means of determination of
law, under International Law in its
settlement of disputes
General principles oflaw recognised by civilised States
International Customs
International Conventions
Teachings of most highly qualified publicists
47. According to Article 38 of the Statute of International Court of Justice, which is the correct order of the sources of International Law
Customs, International Conventions, general principles of law recognised by Civilised States, Judicial decisions and Juristic opinions
International conventions, general principles of law recognised by civilised States, Judicial decisions and Juristic opinions
International conventions, customs, general principles of law recognised by Civilised States, Judicial decisions and Juristic opinions
International conventions, judicial decisions and Juristic works, customs, general principles of law recognised by Civilised States
BAC-12 SA
48. Which ofthe following statements relating to 'custom' as a source of International Law is correct
A practice, in order to be recognised
as should be universal in
practice
A custoltlB1Y practice is not customary
law unless, opinio juris is present
A custom is required to be ancient
and immemorial
The custom should be complete in
uniformity
49. WhichofthefollowingstatementsIelating to the recognition of States is not true
A state is recognised when it
possesses essential elements of
statehood
Recognition of a State means that it
has been included as a member of
International Community
Recognition of a State is purely a
Legal act
There is no difference between
recognition of State and recognition .of government
50. Which of the following is a consequence of non-recognition of a State
A recognised state cannot sue in the
. courts. of non-recognising state
An unrecognised state cannot sue in
the courts of non-recognising state
recognised state can sue in the
courts ofany state whether recognised
or not
An =gnised state cannot sue in
the courts ofrecognised, by UN, states
(Contd.)
51. The principle of 'continuity of State' means
The change in the government of a
state does not affect its legal
personality of the state
The new government will not succeed
to any of the rights and obligations
of the predecessor state
The new government· will succeed
to certain rights but to no obligations
The new government will succeed
only to the debt obligations of the
I .. predecessor state
52. Which of the following statements relating
to succession of state is true/correct
Both the Civil and Criminal Law of
the former state continue until
changed by the successor state
Only Civil Laws continue until
changed by the successor state
Only Criminal Laws continue until
changed by the successor state
Both Civil and Criminal Laws will
not continue
53. Which of the following Articles of the
I
UN Charter embodies the principle of self
determination as one of the purposes of United Nations?
Article
Article
Article
Article
BAC-12 9A
54. Which ofthe following statements relating to the principle of 'Non-Intervention' proclaimed under Article of the UN Charter is true
domestic matters state is an absolute principle
E,ven the, UN Charter does not authorise the UN to intervene in matters whij:h are essentially within the domestic jurisdiction of a state
The UN cannot interfere in its domestic matters of a state with its express consent
The UN is competent to intervene, in its domestic, matters of a state, where the provisions of Charter and
'rules of International Law permit it to dow
55. According to the provisions of the UN Charter, the primary responsibility for the maintenance of International Peace and Security rests,with
General Assembly
Security Council
Both General Assembly and Security Council
Security Council and International Court ofJustice
(Contd.)
56. Which ofthe following statements relating
to the binding nature of the Resolutions
of Security Council is
.Only the resolutions of Security Council passed under chapter VII of Charter are binding, rest are not
As per Article 25 ofthe Charter, the resolutions of the Security Council are partly binding and partly recommendatory
As per Article 25 of the Charter, all the resolutions passed by the Security Council under the UN Charter are binding on the part of the states
As per Article 25 of the Charter, the resolutions passed by the Security Council are only recommendatory in nature and not binding on the states
57. Which ofthe following statements is not true with respect to the Human Rights under the UN Charter
Human Rights are Natural and inalienable
The existence of Human Rights are independent of positive law
Human Rights are well defined under the provisions of the UN Charter
UN has the duty to promote Universal respect and the observance ofHuman Rights and fundamental freedoms for all without distinction
BAG-12 lOA
58. Which of the following Human Right is
not expressly provided for in the UDHR,
1948
Right to life, liberty and security of
persons
Right to own property
Right ofpeople to selfdetennination
Abolition of slavery and slave like
practices
59. Which of the following rights is not
included in the Convention on tlie
Against Women (CEADAW)
To have access to Agriculture credit
and loans
To enjoy adequate living conditions
To have access to adequate health
care faCilities·
participate in .. promoting
International peace and co-operation
60. Which of the following Human Rights is
considered as the. third generation of
Human Right
Right to social security
Right to development
Right to own property
Right to work
61. Which one of the following is an essential component of the law of tort
Breach of a right
Specific restitution of property
Injunction
Breach of duty
(Contd.)
62. In law of tort duty is
primarily fixed by the law
ordinarily fixed by the law
naturally fixed by the law
definitely fixed by the law
63: In Law of tort a person should be called upon to pay for damage caused br his
. directions
instructions
capability
fault
•
64. A plaintiff has no remedy under strict liability if
the defendant is negligent·
there is an escape ofa dangerous thing
the plaintiff does not default
the defendant has no statutory authority
65. A master M employed a car mechanic S to repair cars. S repaired' the plaintiff's car and drove it for a short distance to check whether the repair was proper. In the process S caused an accident and injured the plaintiff P. M is
• not liable as S was not authorised to drive the car
liable for negligence of S
not liable as act was outside his
course of employment
liable as act is necessarily incidental to the nature of his duties
BAG-12 w
66. Which one of the following does not
constitute course of employment
The servant's act is expressly authorised by the master
The servant is doing something for
of the IDl,ISter ,The servant's' act is impliedly ,authorised by the master
The servant is doing the authorised act in an unatithorised manner
67. Persons are said, to be joint tort-feasors when their separate shares in the commission of the tort are done in
,furtherance of a common
intention
interest
design
object
68. X and Y searchillg for a,gas leak applied a naked light to a gas pipe in turns. act caused an explosion resulting in damage. Which OIie of the following statements is correct
Y alone is liable as his act caused the damage
X is vicariously liable for act X and Yare both liable
X and Y are both liable as joint tortfeasors
69. Which one of the following statements is correct with reference to the neighbour principle?
One must take reasonable care towards persons who are near him
There is no general duty to act positively for the benefit of others
Consumer items are beyond the purview of the neighbour principle
Neighbour is a person who is in physical proximity to the defendant
70. Employees of a municipality opened a street manhole to correct underground faults. Since they could not complete the work the same day, -they covered the manhole by canvass and surrounded the same by waming lamps. In the evening a child ofeight years of age came on to the scene and started playing with a lamp' when he stumbled and fell into the manhole sustaining burn injUries. The municipality is
not liable as they acted reasonably
liable because a known source of danger cau'sed' damage ·through unforseeable sequence of events
not liable as injury to the child is not foreseeable
liable because they should have
completed their work before leaving
71. In the tort of defamation
there may not be a loss of reputation
someone isridiculed
hatred is generated
there is a loss of reputation
BAC-12 12,
72. Which of the following statements are
correct in respect of the defence of fair
comment in tort of defamation
1.
The matter commented on must be of public'interest.
2.
The comment must be an assertion oUact.
3.
The comment must be true.
4.
. The comment must not be malicious.
5.
The comment must be an expression
of opinion. Select the correct answer using the code given below
Code:
2 and 3
1,4 and 5
3 and 5
2,4 and 5
. 73. one of the following is not an essential element of the tort of conspiracy
Purpose
Overt act
Concerted action
Intention
74. In the tort of conspiracy it is necessary to
form an agreement
cause damage
do an illegal act
do a legal act
75. Which one of the following is a remedy
in an action. for nuisance in tort
Private defence
Habeas corpus
Abetment
Specific restitution of property
(Cantil.)
76. A private action.lies in public nuisance when the damage caused is
direct
substantial
consequential
special
77. A is sleeping in his room at night when B locks his door from outside. B unlocks and opens the door before A gets up in the morning. B is
liable for defamation in tort because he can boast that he had locked A
liable for false imprisonment because he has caused total restraint to A
•
not liable for defamation in tort because A did not know that he remained locked in the night
not liable for false imprisonment because A did not know that he remained locked in the night
78. A unlawfully locks B in a room. B has a duplicate key in his pocket by which he can open the door from inside and corne out. But B forgets about the key and, as a result, remains locked for two hours. B then remembers that he has a duplicate key and opens the door and comes out A is
•
liable for false imprisonment because he llcted unlawfully
not liable for false imprisonment
•
because B had a duplicate key by whichhe could have opened the door and corne out
..
liable for false imprisonment because B had furgotten that he had a duplicate key
not liable because forgetfulness was responsible for B remaining in the room
BAC-12 13
79. Malicious prosecution is a tort against
police excesses
damaging the dignity of a person
abuse of legal procedure
violation of personal liberty
8q. Which one of the following is not an essential element ofthe tort of malicious . prosecution
Damage caused to the plaintiff
Absence of reasonable and probable cause
Termination of the case in favour of the plaintiff
. Prosecution of the defendant by the plaintiff
81. Mens rea implies
intention
knowledge
motive
a guilty mind
82. Mens rea on the part of the accused is
necessary in all the crimes
not necessary at all
necessary unless excluded expressly or by necessary implication
not required to be proved by the prosecution
83. A, with the intention of marrying a lady B during the life time ofhis wife enters into a wedlock with B. Unknown to X had died in an accident just a few hours before the marriage. Here A is liable for
Bigamy
Attempt to Bigamy
Preparation to commit bigamy
Not liable for any offence
A (Could.)
84. A keeps his wife B locked up in a room without food for several days with intention to bring about her death. One day, B escapes from the lock up and is at verge of collapse when taken to hospital by the villagers. however, recovers fully after the treatment. Here
A is not liable for attempt to murder as he has not done the last act necessary for the commission of the crime
A is not liable for attempt to murder as he still has locus paenitentiae
A is liable for attempt as he has intention to cause death and has done acts towards the commission of the crime which clearly indicate his intention
A is not liable for attempt to murder and is liable for causing bodily harm to the woman
85. A was under voluntary intoxication when he· killed B. The prosecution could not establish that A was capable offormulating the intention to kill. Here A is guilty of
Murder
culpable homicide not amounting to
murder
causing death by a rash or negligent act
no offence
BAC-12 14A
86. A joins a gang of dacoits by reason of a
threat of being beaten. He is compelled
later on by the decoits to break open the
door of a house tll facilitate dacoity in
which an inmate of the house is killed.
Here
A will not be liable for any offence
as he joined the gang under threat of
being beaten
A will· be liable only for breaking
open the door
.A will be jointly liable for murder
along with other dacoits as he joined
the, gang under a threat which was
short of instant death
A will not be liable for murder as he
was standing outside the house and
did not know as to what was
happening inside the house
87. For determining liability ofseveral persons
with the help of Section 34, it is required
that these persons should
share the same intention
have the same intention
have the common object
have the same knowledge
88. D and E allegedly entered the
house of X with the common object of
taking forcible possession of the house.
who was carrying a pistol within the
knowledge ofothers, shot X dead in order
to take possession. E was acquitted as it
could not be proved beyond reasonable
doubt that E was present in the assembly. Here •
C and D are jointly liable for
a10ngwith A on the basis of
Section 149
C and D are jointly liable for
murder on the basis of Section 34
D are liable for constituting
an unlawful assembly
A alone is liable for murder and others
are not liable for any offence
(Contd.)
89. X, servant of a household, agrees with A'· and B to keep the door of the house open during night to facilitate theft. In accordance with the agreement, X keeps the door open but A and B do not turn up. Here the offence committed is
attempt
(l» abetment by conspiracy abetment by instigation
no offence
90. Which of the following-statements .isnot correct?
abetment of an abetment also an offence
to constitute the offence of abetment, it is not necessary that the act abetted should be committed
it is not necessary that the person abetted should have the same guilty intention or knowledge as that of the abettor
an abettor cannot be held liable for abetment if the abetted person is not liable
91. An agreement between two or more persons is required for criminal conspiracy under Section 120-A. Which of the folIowing statements is correct in this
context?
the agreement must be to do an illegal act by illegal means
the agreement must be to do an illegal act or a legal act by illegal means
the agreement must be to commit an offence
an overt act apart from the agreement is required
BAC-12 ISA
92. A and B agreed to cause the death of X by poisoning. in persuance of the agreement, went to a chemist shop and told him the purpose for which the poison was required. C provided B the poison. The accused were caught before
l'Oison could be adminjstered to X. . A and B are liable for criminal
• conspiracY but C is not liable
and Garejill}iable for criminal c9hspirllcy .
B and C lire liable for attempt to murder
B and C are not guilry of any offence
93. A speech is punishable as sedition if it
simply excites or attempt to excite disaffection towards the government
strongly criticises the measures undertaken by the government
is intended or has a tendency to create disorder ordisturbance ofpublic peace by resort to violence
advocates boycott of multinational corporations and their products
94.. Which ·of the following is required' as an essential ingredient of 'sedition'
mala fide intention
intention to disturb the government established by Law
intention to overthrow the governinent by resort to violent means
intention to bring or attempt to bring into hatred the government established by Law
(CorM)
95. The act of the accused causing death amounts to murder if the act is done
with the intention of causing such bodily injury as is likely to cause death
with the knowledge that the act is likely to cause death
with the intention of causing such bodily injury as the offender knows to be likely to cause the death of that person
with the intention ofcausing a simple hurt
96. The act ofthe accused amounts to culpable homicide not amounting to murder if it falls under
I. anyoneoftheClauses ofSection299.
2.
anyone ofthe Clauses ofSection 299 but does not fall under anyone of the four Clauses of Section 300.
3.
anyone of the exceptions to
Section 300. Of these statements
only is correct
both and are correct
both and are correct
only is correct
97. On being infonned that six persons, armed with deadly weapons,. are coming to loot their house, the inmates of the house flcid away in fear of being killed. The accused entered the house and took away the
property without use of any violence. The offence committed was
theft
dacoity
attempt to dacoity
robbery
BAe-12 16A
98. Extortion becomes robbery when
force is used in taking away the
property
committed by more than one person
property is delivered under the fear
of instant death
property is delivered under the fear
of an injury
99. An employer deducts an amount from the salary of an employee as Provident Fund but fails to deposit the amount in the provident fund account of the employee.
. The offence Committed by the employer
is
cheating
theft
criminal misappropriation
criminal breach of trost
100. A finds a five hundred rupee currency note near his office. A is guilty ofcriminal misappropriation if he
puts the currency note in ·his pocket
puts a notice on office notice board
and waits fot reasonable time before
using the money
purchases eatables with the money
as he is. hungry and has no money
it·
given the money for charity after
waiting for some time allowing the
owner to claim the money
(Could.)
10I. Ifboth the parties to a contract believe in the existence of a subject which in fact does not exist, the agreement would be
Unenforceable
Void
Voidable
None of these
102. A master asks his servant to sell his cycle' . to him at less than the niarket price. This contract can be avoided by the servant on
L
the grounds of
i
. Coercion
I
Fraud
Undue Influence
t
Mistake
103. Which country does not recognise a past
consideration
England
America
India
Germany
.
104. When the damages can not be assessed the party may be awarded by the court
Actual Damages
Liquidated Damages
Exemplary Damages
Nominal Damages
r
105. "B" accepts the proposal of"A" by posting a letter of acceptance to "A" the above acceptance
Can not be revoked by "B" as he has already accepted the offer and
'dropped the letter of acceptance J
Can be revoked by "B" before the letter of acceptance reaches "A"
Can be revoked by "B" as soon as the letter ofJlcceptance reaches "A"
Can be revoked by "B" at any time after the letter of acceptance reaches
"AU
BAC-12
106. "V" places an order with "S" for the supply of 20 sewing machines. "S" could not supply these in time. "V" loses a profitable contract due to this and claims his loss of profit from "S". But does not succeed as the natUre of Damage is
Foreseeable
. Remote
Ordinary
Special
107. Which one of the following conditions must be satisfied for making claim under "Necessaries" supplied to a person incapable of contracting?
The articles supplied should be necessaries
The articles supplied should be necessary at the time of sale and delivery
Necessaries must have been supplied gratituously out of mere kindness
Necessaries should be supplied out to a contract
108. In case of conflict of jurisdiction of the courts; the incidence of a Contract shall be governed by the law of the place where the
Contract is made
Contract is performed
Acceptor resides
Proposer resides
7A (CoDld.)
109. A quantum meruit claim might'arise in the situations some ofwhichare contractual and others quasi-contractual. The plaintiff entered into an agreement to work for a periodical and as per the agreement he was to receive a lumpsum amount on completion ofhis work. When the plaintiff had written part ofthe work, the defendant had already abandoned the project. The plaintiff was held entitled to sue for the work already done, because the plaintiff's claim was
Contractual
Tortous
Quasi-contractual
Partly contractual and partly tortous
II O. The inadequacy of consideration will be taken into account by a Court of Law
When the promisor expresses his desire to get maximum returns for a promise
When the promisor performs his promise
When the fraud, coercion or undue influence in the formation of contract is pleaded
Always at the discretion of the Court
III. The principle behind the doctrine of pari delicto is that where each party is equally at fault the law favours the party who actually is
Not is possession
In possession
Injured and helpless
Owner of the things concerned
BAC-12 18.
112. A standard fonn of contract is one in which:
the tenus art< fixed by the government of the state to which the contracting party belongs
The tenus are pre-detenuined by the custom of the trade to which the contracting parties belong
The tenns on which mercantile transactions of common occurrence are to be carried out
The tenus are fixed by one of the parties in advance and one open to acceptance by anyone
113. Consider the following statements, with regard to "Uberrima fides"
1.
It falls within a class of cases which require utmost good faith.
2.
Every contract is a contract, "Uberrima fides".
3.
Contract ofInsurance is an example of "Uberrima fides".
2 and 3 are correct
1 and 3 are correct
2 and 3 are correct
1 and 2 are correct
1i4. A property worth Rs. 25,000 was agreed to be sold by "X" for Rs. 8,000. However, mother moves for setting aside the agreement on the proof that "X" is a congenital "Idiot". In this context which one of the following is correct
The mother will not succeed
The mother will succeed
The mother is bound to execute the agreement
The "Idiot" can avoid the agreement
(Conld.)
liS. Which one of the following is II contingent", contract?
"A" insures his factory against damage or destruction by fire
"A" sells his property subject to the condition that the property will be reconveyed to him on repayment of price with interest
A guard is appointed lit II swimming pool for the sole purpose'ofrescuing drowning persons
A borrower solC!fiJ1ly promises to pay
t offthe tender when the borrower will be in funds
1 116. The plaintiff sees the defendants child falling in water. He saves the child from drowning. Later the defendant promises to give him Rs. 1000. In this context which one of the following propositions is correct?
The defendants liability is statutory
The defendants liability arises in quasi-contract
The defendant is not liable as there is no contract
The defendant is liable because the agreement is not "nudum pactum"
117. Liquidated damages is essentially as
Payment of money stipulated as warning to thll offending ptu1y
I. PlIyment ofcompensotioll determined by court
Compl;:llsatlon arbltrllrlly determined by aSBrll"ved party
Genuine cQytmanted pre-oltlmate of
J
damaglls
BAC-12 19;
U8.The, qefence of "non est factum" is available to the contracting party who has committed mistake as to the
Nature of contract
Identity of the contracting party
Quality ofthe promise made by other . contracting party
Quality of the subject-matter of the contract
119. Which one of the foIlowing constitutes an offer in a self-service store
Display of goods at the shop window
When the customer asks for some goods
There is not offer in such a case
Picking up an article and approaching the cashier's desk for payment
120. The communication of acceptance through telephone is regarded complete when
Acceptance is spoken on phone
Acceptance comes to the knowledge of party proposing
Acceptance is put in course of transmission
Acceptor has done whatever is required to be done by him
Other Question Papers
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