Exam Details

Subject law
Paper
Exam / Course combined competitive examination
Department
Organization Jammu Kashmir Public Service Commission
Position
Exam Date 2010
City, State jammu kashmir,


Question Paper

1. In case of tort damages are

(A)Liquidated


Unliquidated


(C)Unlimited


Fixed


2. A tort means (Tick that is the most correct)

civil wrong


(B)Quasi criminal wrong


(C)Criminal wrong


civil wrong except breach of contract or breach of trust


3. The word tort has been derived from

(A)Tortum


Twist


(C)Tortus


Crooked


4. There is no law of but was said by (In his book)

(A)Dr. Jenks


Winfield


(C)Salmond


Dr. Williams


5. Which of the following statements is correct

(A)Injuria sine damno means violation of legal right without harm


(B)Injuria sine damno is not actionable per se


(C)Damnum sine injuria was explained in the leading case of Ashby Vs White


(D)Injuria sine damno is actionable only on proof of some damage


6. The rule of strict liability was laid down in the case of

(A)M.C. Mehta V Union of India


Raylands V Fletcher


(C)Noble V Harrison


Read V Lyons


7. A tort can be redressed in an action

restoring the wronged person to his original position


unliquidated damages


giving fixed damages


liquidated damages


8. The maxim damnum sine injuria means

(A)damage not coupled with infringement of right


(B)damage coupled with violation of legal right


(C)violation of legal right without harm


(D)those torts actionable per se


9. In tort the liability of joint tort feasors is

(A)Joint and several


Joint and not several


(C)Neither joint nor several


Only several


10. In case of joint tort feasors

(A)the release of one releases all others


(B)the release of one or more do not release others


(C)the covenant with one not to sue releases others


(D)none of the above


11. Which of the following statements is correct

employer is not liable for the act of independent contractor in case of strict liability


liability of employer for act of independent contractor for danger caused near the highway


employer is not liable, as a general rule for the acts of independent contractor


(D)the above rule does not bear any exception


12. The rule of "absolute liability" was evolved in the case of

(A)Raylands V Fletcher


M.C. Mehta V Union of India


(C)Madras Railway Co. V Zamindar


Minu B. Mehta V Balakrishna


13. Which of the following statements is correct

(A)Under English law libel is a criminal offence but slander is not


(B)English law does not divide defamation into libel and slander


(C)Libel is defamatory statement in a transient form


(D)There is distinction in Indian criminal law between libel and slander


14. In case of defamation

(A)statement may not tend to injure the reputation of the plaintiff


(B)intention to defame is necessary


(C)the statement may not be published


(D)intention to defame is not necessary


15. In an action for defamation

civil action truth is not complete defence


criminal law truth is complete defence


(C)making fair comment in public interest is complete defence


(D)truth of defamatory matter is a partial defence


16. Nuisance can be

(A)public only


private only


(C)both public and private


neither public nor private


17. Which of the following statements is correct

(A)Public nuisance is a crime but private nuisance is a Civil wrong


(B)Both are criminal wrongs


(C)Both are Civil wrongs


(D)Public is a Civil wrong but private is a Criminal wrong


18. In an action for nuisance an effectual defence is

(A)taking reasonable care


(B)act is beneficial to the public in general


(C)statutory authority and prescriptive right


(D)none of the above


19. In the exercise of sovereign powers by the servants the liability of State exists in

(A)Both in India and England


In India only


England only


Neither in India nor in England


20. The rule of res ipsa loquitur

(A)shifts the burden of proof on defendant


(B)makes the burden of proof heavy on plaintiff


a rule of law


not a rule of evidence


21. Supremacy in India lies in

(A)Parliament


Constitution


(C)Supreme Court of India


President


22. 'Preamble is the basic feature of the Constitution' was held by the Supreme Court in the case of

(A)Maneka Gandhi V Union of India


(B)Golak Nath V State of Punjab


Gopal V Union of India


(D)Keshwanand Bharti V State of Kerala


23. Preamble is not part of the 'Constitution' was held by Supreme Court in

(A)Valsamma Pal V Cochin University


(B)D.S. Nakra V Union of India


(C)Kesavananda Bharti V State of Kerala


Berubari Union Case


24. Which of the following is correct

(A)Preamble cannot be amended


is necessary that every Constitution must open with a preamble


(C)Preamble is not a part of the Constitution


(D)Preamble can be amended under Art 368


25. Which of the following is a State under Art 12 of the Constitution

(A)National Insurance Co. Ltd.


The Indian Rare Earths Ltd.


(C)NCERT


A Nationalized Bank


26. "Judiciary" while performing judicial functions was held not included in the definition of State in

(A)Rupa Ashok Hurra V Ashok Hurra


Mastan Sahib V Chief Commissioner


(C)Budhan Chaudhry V State of Bihar


None of the above


27. Equality before law is guaranteed to (u/Art 14)

(A)All Indian citizens living anywhere


(B)All persons domiciled in India


(C)All persons living within the territory of India


(D)Indian citizens living in India only


28. An individual person may constitute a class by itself was held in the case of

(A)P.V. Shastri V Union of India


State of Haryana V Jai Singh


(C)Maneka Gandhi V Union of India


A.R. Antulay V R.S. Nayak


29. Which fundamental right is affected by the Preventive Detention Acts

(A)Right to equality


Right to freedom


(C)Right to religion


Right to life


30. The word 'practice' in Article 25 of the Constitution does not include

(A)religious worship


rituals


(C)observations


propagation


31. Ex-post facto law under Article provides protection saves a person from (Which is incorrect statement)

(A)law enhancing penalty subsequent to the commission of offence


(B)law declaring an "offence" subsequent to the commission of offence


(C)law reducing punishment


and of the above


32. Equality of opportunity in matter of employment is provided under Article

(A)Art 14


Art 15


(C)Art 16


Art 19


33. Under Art 15, the State cannot make special provision for

(A)Women and children


(B)Economically backward classes


(C)Scheduled castes


(D)Socially and educationally backward classes


34. Right to education to all children upto the age of 14 years is made a fundamental right by

(A)86th Amendment, 2002


87th Amendment, 2003


(C)84th Amendment, 2001


82nd Amendment, 2000


35. Which of the following statement is not true

(A)Directive principles are not enforceable like fundamental rights


(B)Fundamental duties can be enforced by the courts


(C)Right to education is a fundamental rights


(D)Right to equality is not absolute


36. Provisions of amendment of the Constitution are provided in

(A)Art 368


Art 356


(C)Art 365


None of the above


37. By which amendment the words 'socialist' and 'secular' were inserted in the

(A)43rd


42nd


(C)39th


44th


38. Supreme Court has original jurisdiction

(A)Between Union and State governments


(B)Disputes relating to international relations


conflict between two foreign States


disputes in which India and a foreign State are parties


39. An appeal to the Supreme Court in civil matters from a High Court lies

a substantial question of law of general importance


(B)question of law


(C)mixed question of law and fact


(D)question of fact


40. A 'National Emergency' can be imposed under Article

(A)360


352


(C)356


354


41. Crime is defined as "an act committed or omitted in violation of Public law either forbidding or commanding it" by

(A)Bentham


Blackstone


(C)Stephen


Austin


42. Which of the following is not an element of the crime

(A)Human being


mens rea


(C)Actus reus


Imprisonment


43. Which of the following statements is not true

(A)Common law doctrine of mens rea has no general application in India


(B)Certain expressions like dishonestly, voluntarily etc are used in the I.P.C. to denote mens rea


(C)There are no exceptions to mens rea


(D)The liability in early English law was absolute


44. General exceptions are contained in

(A)Chapter III of IPC


Chapter IV of IPC


(C)Chapter II of IPC


Chapter V of IPC


45. Sections 76 and 79 of the IPC provide general exception in relation to a

(A)mistake of fact


mistake of fact as well as law


(C)mistake of law only


either mistake of fact or mistake of law


46. A Hakim who is not qualified as medical practitioner performs a major operation with the consent of that person

is not entitled to benefit of exception as he cannot be said to have acted in good faith


is entitled to get benefit as he has obtained the consent of the person


is not entitled to benefit as he is presumed to know that his act is likely to cause death


is entitled to benefit as he has successfully performed many such operations

47. Abetment is caused by

(A)instigating a person to an offence


(B)intentionally aiding a person to commit it


(C)engaging in a conspiracy to commit it


(D)all of these


48. A with the intention of murdering X gives a child poison to mix it in the milk of X. B himself drinks the poisonous milk. A is guilty of

offence as A intended to kill X only


(B)abetment to death of the child


offence as the child can not commit any offence


(D)murder of the child


49. Conspiracy has been defined as an agreement between two or more persons to do an illegal act or an act which is not illegal by illegal means under

(A)Section 120-A IPC


Section 120-B IPC


(C)Section 121-A IPC


None of these


50. Three persons B and C went to a Post Office, A remained on the door and B and C entered inside and asked Post Master to hand over money. On his reluctance C fired at him who died of the shot

(A)Only C is liable for murder


(B)All the three are liable for murder


(C)Only B and C are liable


(D)None is liable for murder as Post Master did not hand over the money himself


51. Match the following

(a)Volenti non fit injuria Sec. 87


minimis non curat lex Sec. 90


(c)doli incapax Sec. 95


Sec. 82

a b c

1. ACD

2. DBC

3. CDB

4. BAC

52. Under section 149 of IPC if an offence is committed by a member of the unlawful assembly in furtherance of their common object then

(A)only the person committing the offence would be liable for that offence and others would be liable for unlawful assembly


(B)even person who at that time was member of that assembly shall be liable for the offence


(C)only the person committing the offence shall be liable but others would be liable for nothing


(D)either or


53. Match the following

death caused by consent Exc. I to Sec. 300
death in sudden fight Exc. II to Sec. 300
exceeding right of private defence Exc. III to Sec. 300
death caused on sudden and grave provocation Exp. IV to Sec. 300 Exp. V to Sec. 300

1 2 3 4

DBA


(B) DC B A


AB E


DE


54. Theft is defined in the IPC in

(A)Section 379


Section 378


(C)Section 380


Section 278


55. Culpable homicide is not murder if the accused is deprived of his power of self-control due to

(A)grave and sudden provocation given by the wife of the deceased


(B)grave and sudden provocation due to his high blood pressure


(C)grave and sudden provocation by the deceased


(D)all of these


56. Match the following cases

Reg V Govinda Culpable homicide
Vardarajan V State Theft
Pyarelal Case Kidnapping
Barendra Kumar Ghosh Murder

1 2 3 4

c b d


a b d


b d c


d b a
57. A being a family friend of B goes to his library and brings a book in his absence for the purpose of reading it. A keeps the book, he commits

offence if he intends to return it


theft if he keeps the book dishonestly


(C)attempt to commit theft


criminal misappropriation


58. In committing dacoity the number of persons involved are

least ten


At least two


(C)Five or more


At least seven


59. The offence of criminal breach of trust can be committed with regard to

(A)immovable property


(B)movable property


(C)both movable or immovable property


(D)valuable security only


60. A takes out purse of B without his consent and then shows him pistol and induces B to deliver his watch. A has committed the offence of

(A)Robbery


Extortion


(C)Theft


Theft and robbery


61. Who amongst the following jurists does not subscribe to the view of international law as a law

(A)J.G. Stark


Austin


(C)H.L.A. Hart


Oppenheim


62. "Sources of International law are not hierarchical but are necessarily complimentary inter­related." I.C.J. viewed this in the case of

(A)Nicaragua V U.S.A.


North Sea Continental Shelf case


(C)Barcelona Traction case


Certain expenses of UN


63. The principle of 'Pacta Sunt Servanda' is enunciated in which source of International law (Tick the right answer)

(A)International Treaties and Conventions


(B)General principles of law recognised by nations


(C)International customs


(D)Decisions of Judicial Tribunals or Juristic work


64. Law making treaties are one of the sources of International Law. These treaties are further divided as

(A)treaties enunciating rules of universal international law


(B)international treaties which lay down general principles


(C)treaty contracts


(D)both and


65. A recognised State or government when possesses all essential requirements of statehood and is capable of being a member of the International Community, it is known as

facto recognition


De jure recognition


(C)Self determination


All the above


66. Though recognition is a political act but still non recognition envisages certain political and legal consequences which are

(A)Its diplomatic representatives still enjoy immunities in foreign States


cannot sue in the courts of non-recognising States


is not entitled to enter into diplomatic relations with the non-recognising States


(D)Both and


67. Which of the following statements is correct

jure recognition is final and if once given cannot be withdrawn


can never be final


does not grant statehood to the recognised State


can be withdrawn at any time


68. When a State ceases to exist or a new State is formed within the territory of an existing State it is known as

(A)non-recognition of State


dispossession of State


(C)recognition


State succession


69. Which of the following statements is correct

(A)ICJ is based on the statute of its predecessor, the statute of PCIJ


(B)ICJ functions under the U.N. Security Council


(C)ICJ was a new organ created under the U.N. Charter


(D)ICJ is independent international body different from U.N.


70. Select the correct statement

(A)ICJ is one of the principal organs of U.N.


(B)All members of U.N. are ipso facto members of ICJ


(C)ICJ consists of 15 judges elected by General Assembly and Security Council


non-member to U.N. cannot become party to the statute of ICJ


71. The seat of ICJ is situated in

(A)New York


Geneva


(C)Vienna


Hague


72. The law that is to be applied by ICJ and the sources of International law to be used by it are contained in

(A)Article 35


Article 36


(C)Article 38


Article 52


73. Declarations made under Art-36 of the statute of PCIJ which are still in force is dealt under Art. of the statute of ICJ which is interpreted in detail by ICJ in the case of

(A)Military and Para Military Activities in and against Nicaragua Case


(B)Yugoslavia V USA


(C)Maritime Frontier Dispute Case


(D)Continental Shelf Case


74. In which of the following cases the ICJ has not applied its advisory jurisdiction

(A)Competence of GA regarding admission of State to U.N.


(B)Effects of awards of compensation case


(C)Certain expenses of U.N. case


(D)The Asylum (Columbia V Peru) case


75. Find out the incorrect statement

(A)Individual can become a party before ICJ


(B)ICJ has jurisdiction if the State consent to refer a dispute or matter before it


(C)Jurisdiction can be conferred by a bilateral treaty


(D)U.N. Security Council can seek advisory opinion from ICJ



76. Consider the following two statements one labelled Assertion and the other as Reason

Assertion The General Assembly can only make recommendations of measures for peaceful adjustment of any situation.

Reason The primary responsibility for maintaining international peace and security is cast upon Security Council under the U.N. Charter.
Of the above statements


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


(B)Both and are true but is not correct explanation of A


(C)Only is true


(D)Both and are false


77. Security Council consists of

members of which 5 are permanent


members of which 5 are permanent


permanent members only


members of which 5 are permanent


78. According to Art of the U.N. Charter nothing authorises U.N. to intervene within the domestic jurisdiction of any State. However this principle is subject to enforcement measure under

(A)Chapter-IV


Chapter-IX


(C)Chapter-VII


Chapter-VI


79. Which of the following is not the principal organ of UN organization

(A)Security Council


ICJ


(C)Trusteeship Council


Assembly


80. Which of the following are not modes of recognition of a State

Jure


De facto


(C)Recognition of Militants


Both and


81. Which of the following statements is not correct

(A)Each court is bound by the judgement of courts superior to it


(B)Only ratio decidendi is authoritative


(C)Obiter dicta are generally not binding


precedent is abrogated by lapse of time


82. "A man who chops a tree into logs has in a sense made the logs" was said by

(A)Allen


J.C. Gray


(C)Blackstone


Dr. Carter


83. Which of the following is not a kind of a precedent

(A)Original precedent


Absolute precedent


(C)Pursuasive precedent


Obiter dicta of the case


84. The term "Legislation" is derived from the Latin word

(A)Legis alone


Latum alone


(C)Both legis and latum


lex


85. Which of the following is not a justification for the delegation of legislative power by the Parliament

(A)Lack of time


Experimentation


(C)Urgency or Emergency


For saving money


86. Which of the following statements is incorrect

(A)Customary law grows out of practice


(B)Existence of legislation is Jure'


(C)Legislation is the result of deliberate positive process


(D)Customary law is Jus scriptum


87. Match the following (Opposites)

Right Liberty
Duty Disability
Power Immunity
Liability No right

1 2 3 4

B C A


A B C


A B D C


C D A

88. Match the following

(Corresponding correlatives)

Right No right
Liberty or Privilege Duty
Power Disability
Immunity Liability

1 2 3 4

ADC


(B) AB C D


C DA


(D) DC B A
89. The founder of Historical school of law is

(A)Holland


Bentham


(C)Savigny


Duguit


90. In the below statements find out which one is correct.

Dead human beings are also persons


(B)Reputation of the dead receives protection of law


(C)The libel upon a dead person can never be a misdemeanour


(D)The violation of a grave is not an offence against a dead person





91. Which of the answer against the statement is correct

(A)The unborn person has legal personality (false)


(B)For some purposes a child in the womb is deemed to be in existence (false)


(C)Juristic persons are not creatures of law (true)


legal or a juristic person is not a human being (true)


92. Find out the correct answer Prescriptive right over immovable property is perfected in

years


25 years


years


16 years


93. "Ownership, in its most comprehensive signification, denotes the relation between a person and any right that is vested in him. That which a man owns, in this sense, is in all cases a right." This statement was made by

(A)Salmond


Duguit


(C)Hohfeld


Austin

94. Which of the following is not a kind of a relation of a person to an object

(A)Ownership


Custody


(C)Mortgage


Possession


95. Which one of the following is not a classification of ownership

(A)Trust and Beneficial ownership


Positive and Negative ownership


(C)Legal and Equitable ownership


Vested and Contingent ownership


96. "In the whole range of legal theory there is no conception more difficult than that of possession." This statement is made by

(A)Bentham


Austin


(C)Salmond


Kant


97. Out of the following which one of the statements is incorrect

(A)Physical contact of the thing by the possessor is not essential


(B)Possession involves two elements of corpus and animus


(C)The physical element (corpus) of possession consists in the corporal contact of the thing


possessor may sue anyone who interferes his possession without proving his title


98. The term res nullius means

(A)thing in possession


thing sold


(C)thing of nobody


thing owned


99. Which of the following statements is incorrect

thing with the servant is in his possession


(B)the animus possidendi need not be the intent to use the thing as owner


(C)the animus to exclude others need not be in the interest of the possessor


(D)the animus must be exclusive


100. Transfer of possession may take place (incorrect answer)

(A)Taking


By operation of law


(C)Delivery


None of the above


101. When a proposal is accepted, it becomes

promise under section


contract under section


agreement under section


reciprocal promise under section


102. A proposal converts into a promise when the acceptance is

(A)absolute and unqualified


(B)acceptor puts a new condition


expressed in usual and reasonable manner


(D)both and


103. According to section promisor is the

(A)person who accepts the proposal


person to whom proposal is made


(C)person who makes the promise


person who makes counter offer


104. Under the English law when a letter of acceptance is posted

binds both offeror and acceptor


it does not bound the acceptor


(C)only acceptor becomes bound


only offeror becomes bound


105. Which of the following is incorrect statement All agreements are contracts if they are made

(A)with free consent of the parties


for a lawful consideration


parties competent to contract


by a minor


106. When consent to a contract is obtained by undue influence the contract is

(A)valid


void


(C)voidable


valid by ratification


107. The decision of Privy Council in Mohoribibi has declared that

(A)agreement of a minor is valid


is dependent on the will of the minor


is absolutely void


(D)none of the above


108. If the minor has obtained some property by misrepresentation he is liable to restore/restitute. This was decided in the case of

(A)Mohoribibi case


Burnard V Haggis


(C)Durga V Chintamani


Leslie V Sheill


109. Match the following

Minor's contract Mohoribibi
Consideration Derry V Peek
Misrepresentation Philips V Brooks
Mistake Durga Pd. V Baldeo

1 2 3 4

D B C A


A C B D


C D B A


A D B C

110. Consent is said to be caused by coercion when

(A)consent is obtained by threatening to cause hurt


is obtained by criminal intimidation


is obtained at gun point


(D)all of the above


111. A promises to maintain horse and B promises to pay A rupees 1000 yearly for the purpose. This consideration is

(A)lawful consideration


partial consideration


(C)illegal consideration


not a consideration at all


112. Which of the following statements is incorrect

(A)mere silece is not fraud


(B)misrepresentation and fraud render a contract voidable


(C)fraud may be an innocent act


(D)consideration may not be adequate


113. A makes a contract to pay him a sum of Rs. 50,000 to B if India wins against Pakistan in Hockey. It is a

(A)voidable contract


void contract


(C)wagering agreement


contingent contract


114. Unlawful considerations and objects are provided under section




23





28


115. Under section 25 of the Contract Act an agreement without consideration is void

(A)unless it is in writing and registered


is a promise to compensate


(C)both and


only


116. A party to a contract can be discharged from performing it, if the contract has become

(A)Expensive


Onerous


(C)Commercially not possible


Impossible


117. Which one of the following is a contingent contract

insures his factory against fire


takes a life insurance


is appointed as guard on a pool


promises to pay off the creditor when borrower will have funds


118. The provisions for quasi contracts fall in which chapter of the Indian Contract Act

V


VI


X


None of the above
119. Quantum meruit means


(A)reasonable compensation for work done


(B)full compensation as agreed


(C)half the compensation


(D)all the above


120. A contract may be discharged by the following modes

breach


by agreement


performance


all of the above


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