DU LLM Entrance Test, 2010 Solved Previous Year Question Paper

DU LLM Entrance Test, 2010 Solved Previous Year Question Paper

Total Questions: 175 Total Time: 2 hours

1. Who is the author of the book “An introduction to Legal Reasoning”?

A. Edward H. Levi

B. Justice K.G. Balakrishnan

C. Lord Denning

D. Justice V.R. Krishna Iyer

Correct Answer: A

2. The ILC Draft Code on Responsibility of States for Internationally Wrongful Acts of 2001 does not lay down ____ as a form of reparation for the injury caused by internationally wrongful Act.

A. Servitude

B. Compensation

C. Satisfaction

D. Restitution

Correct Answer: A

3. In which case, the Constitution Bench of the Supreme Court gave detailed analysis of the concept of “compensatory tax”?

A. Atiabari Tea Co. Ltd. V. State of Assam

B. Jindal Stainless Ltd. V. State of Haryana

C. State of Bihar v. Bihar Chamber of Commerce

D. Automobile Transport (Rajasthan) Ltd. V. State of Rajasthan

Correct Answer: B

4. Which provision of the U.N. Charter enables a party to a case to have recourse to the Security Council in a situation where the other party fails to perform the obligations incumbent upon it under a judgment rendered by the ICJ?

A. Article 92

B. Article 93

C. Article 94

D. Article 96

Correct Answer: C

5. In which category of the classification made by Austin, the international law is covered as per his opinion?

A. Divine Law

B. Positive Law

C. Positive Morality

D. None of the above

Correct Answer: C

6. According to U.N. Convention on Law of the Sea 1982, the Contiguous zone is established to exercise the control necessary to prevent and punish infringement of coastal state’s laws relating to:

A. Fiscal

B. Security

C. Environment

D. Research

Correct Answer: A

7. Which body is responsible for the drafting of Universal Declaration of Human Rights?

A. Security Council

B. Economic and Social Council

C. Trusteeship Council

D. General Assembly

Correct Answer: B

8. ‘X’ a 14 year old boy is taken away by T from his school under the false pretext of showing him a movie and he is kept confined in a dark room from where ‘Z’ takes him out and now ‘Z’ demands ransom money from parents of ‘X’ to return their son to them. ‘Z’ is guilty of:

A. Kidnapping

B. Abduction

C. Using criminal force against minor

D. Demanding ransom

Correct Answer: A, Section 361 IPC

9. A goes to a shop to buy a gun. While examining the gun, he mockingly pulls the trigger at his friend not knowing it to be loaded thereby killing his friend. A is guilty of:

A. Murder

B. Culpable homicide not amounting to murder

C. Causing death by rash and negligent Act.

D. Nothing as it was just an accident

Correct Answer: C

10. ‘A’ a married woman commits suicide within 7 years of her marriage as she is unable to bear the torture and harassment meted out to her by her in-laws for not being able to produce a male offspring. The in-laws are liable under which section of the Indian Penal Code?

A. Section 305

B. Section 306

C. Section 304-B

D. Section 309

Correct Answer: B

11. Point out the incorrect pair:

a. Article 33 of the Constitution of India Court Martial
b. Section 363, IPC Punishment for Kidnapping
c. Section 128, Indian Contract Act Surety’s liability
d. Public Liability Insurance Act Industrial accidents

Correct Answer: A, Power of Parliament to modify the rights conferred by this Part in their application etc

12. ‘A’ a 75 year old terminally ill patient, pleads with his wife to give him poison so as to put an end to his painful sufferings. The wife does as she is asked to do by her husband. The wife is liable for:

A. Murder

B. Culpable homicide not amounting to murder

C. Abetment of suicide

D. No offence

Correct Answer: B, Section 300 I.P.C.

13. A person acts dishonestly when he does anything:

A. With mens rea

B. With Wrong motive

C. With intention to cause wrongful gain to one person or wrongful loss to another

D. With intent to defraud

Correct Answer: C

14. Which one is the correct pair?

a. L. Chandra Kumar Case Appointment of Judges
b. Rameshwar Prasad Case Article 355
c. M.P. Police Establishment Governor’s Power to overrule the decision of Council of Ministers
d. Prafulla Kumar case Harmonious construction

Correct Answer: B

15. A person is believed to have acted in good faith when it is proven that the accused:

A. Acted with due care and attention

B. Was a faithful person worthy of trust

C. Was a God fearing and religious person

D. Lacked mens rea

Correct Answer: A

16. The principle of Jus Necessitatis incorporated as an exception to criminal liability under which section of the Indian Penal Code?

A. Section 80

B. Section 81

C. Section 87

D. Section 90

Correct Answer: B, Act likely to cause harm, but done without criminal intent, and to prevent other harm

17. Under which of the following circumstances, the right of private defence of body does not exceed upto causing the death of the assailant?

A. Assault with intention of Kidnapping

B. Assault with the intention of inflicting grievous hurt

C. Assault with the intention of using criminal force

D. Assault with the intention of committing rape

Correct Answer: C

18. To impose joint liability under Section 34 of Indian penal Code, the prosecution needs to prove:

A. Intention

B. Same intention

C. Similar intention

D. Common intention

Correct Answer: D

19. A murder is also a culpable homicide is not always a murder. The statement is:

A. True

B. False

C. Sometimes true, sometimes false

D. Depends on the facts and circumstances of each case

Correct Answer: A

20. If your pet dog bites someone so as to cause grievous hurt to such person, you would be held liable under:

A. Section 337 of the Indian Penal Code

B. Section 289 of the Indian Penal Code

C. Civil law only as dog bite is a petty offence for which only monetary compensation is to be paid

D. Section 319 of the Indian Penal Code

Correct Answer: B, Negligent conduct with respect to animal

21. Consent of the person kidnapped is a good defence to the charge of kidnapping when:

A. the girl kidnapped is above 14 years of age

B. the girl kidnapped is above 16 years of age

C. the kidnapper marries the girl with her free consent

D. consent of the person kidnapped is immaterial

Correct Answer: D

22. Section 309 of the Indian Penal Code:

A. Has been struck down as being violative of Articles 14 and Art.21 of the Constitution of India

B. has been struck down as being unconstitutional in P. Rathinam’s case

C. Both A and B are correct

D. none of the above

Correct Answer: D

23. Indian Christians can obtain divorce under which of the following enactments?

A. The Special Marriage Act, 1954

B. the Special Marriage Act, 1872

C. The Indian Christian Marriage Act, 1872

D. The Divorce Act, 1869

Correct Answer: D

24. The general rule of change in applicability of succession laws, i.e. from personal law of the parties to that of Indian Succession Act, 1925, in case of their marriage under the Special Marriage Act, 1954, was made inapplicable to two Hindus marrying under the Special Marriage Act, 1954, in which year?

A. 1954

B. 1956

C. 1976

D. 1980

Correct Answer: C

25. Special Marriage Act was initially enacted in which year?

A. 1865

B. 1869

C. 1872

D. 1890

Correct Answer: 1954

26. The provisions liberalizing the grounds of divorce under the Divorce Act, 1869, were amended in which of the following years?

A. 1890

B. 1925

C. 1955

D. 2001

Correct Answer: D

27. The maximum limit of Rs. 500 that could be paid to the wife as maintenance under S.125 of the Cr. P.C., 1973 was removed in

A. 1973

B. 1989

C. 2001

D. 2007

Correct Answer: C

28. A decree of divorce pronounced by which court becomes absolute only after the expiry of period of six months

A. the High Court, when the decree of divorce is pronounced under the Divorce Act, 1869

B. the trial court where the decree is pronounced under the Dissolution of Muslim Marriages Act, 1939

C. The District Court where the decree is pronounced under the Hindu marriage Act, 1955

D. The Parsi Chief Matrimonial Court where the decree is pronounced under the Parsi Marriage and Divorce Act, 1936

Correct Answer: A

29. The maximum punishment that can be granted for commission of the offence of bigamy is:

A. two years

B. two years and/or fine

C. seven years and/or fine

D. ten years and/or fine

Correct Answer: C

31. In India, can husband be held guilty of committing rape on his wife?

A. Yes, where the wife is a minor and is judicially separated

B. No, as in the patriarchal society, it is the right of the husband to have access to his wife.

D. Yes, but only where wife is under 15 years of age or is judicially separated

Correct Answer: D

32. The matrimonial remedy of judicial separation is not available under which of the following enactments?

A. The Parsi Marriage and Divorce Act, 1936

B. The Special Marriage Act, 1954

C. The Foreign Marriage Act, 1969

D. The Dissolution of Muslim Marriages Act, 1939

Correct Answer: D

33. Children of two sisters can validly marry under which of the following?

A. Muslim Law

B. The Special Marriage Act, 1954

C. The Foreign marriage Act, 1969

D. The Parsi Marriage and Divorce Act, 1936

Correct Answer: A

34. Mehr is:

A. the amount of money or valuable security payable by the wife to the husband at the time of Marriage

B. The amount of money or valuable security to be paid by the husband to the wife as a mark of respect for her

C. the equivalent of the amount of dowry under classical Muslim Law to be paid to the husband by the bride’s parents.

D. the amount of money or valuable security to be paid by the husband to the first/previous wife in case he contracts a second marriage during her lifetime

Correct Answer: B

35. A divorced Muslim wife, unable to maintain herself, is entitled to be maintained by her former husband:

A. only during the period of iddat

B. for the period till she remarries or dies

C. only during the period of iddat provided that the marriage has been consummated

D. only during the period of iddat but where no mehr has been paid

Correct Answer: A

36. Sodomy is a ground for divorce under which of the following matrimonial legislations?

A. The Divorce Act, 1869

B. The Dissolution of Muslim Marriages Act, 1939

C. The Indian Christian Marriages Act, 1872

D. The Hindu Marriage Validation Act, 1946

Correct Answer: A

37. Sagotra Marriages under Hindu Law are:

A. Valid

B. Void and the parties are punishable under the Indian Penal Code, 1860

C. void but the parties can be punished only by the Khap Panchayats.

D. valid, but only where a purification ceremony is performed by the community elders.

Correct Answer: A

38. A marriage of a Hindu man with the biological sister of his adopted sister is:

A. Void

B. Valid

C. Voidable

D. Illegal

Correct Answer: B

39. A child marriage under the Prohibition of Child Marriages Act, 2006 is:

A. Valid

B. void in all situations

C. voidable

D. generally voidable, but void in certain specific situations

Correct Answer: D

40. Impotency of a spouse is a ground for divorce under which of the following matrimonial legislations?

A. The Hindu Marriage Act, 1955

B. The Dissolution of Muslim Marriages Act, 1939

C. The Special Marriages Act, 1954

D. The Foreign Marriages Act, 1969

Correct Answer: B

41. A man and a woman, both Muslims, get married under the classical Muslim law and then get their marriage registered under the Special Marriages Act, 1954. A year later, the husband pronounces Talaq on his wife and gets married a second time:

A. the second marriage is valid as it was contracted after talaq

B. the second marriage is valid as the first wife does not file a petition for declaration that the second marriage is void

C. the second marriage is void as the right of Talaq is not available to the husband.

D. The second marriage is void as it was contracted without the consent of the first wife.

Correct Answer: C

42. The naturalistic fallacy implies:

A. that the state of nature is essentially false

B. that natural law is not false

C. that an ought cannot be derived from an is

D. that natural law is supreme

Correct Answer: C

43. For Kelsen, the role played by imputation is similar to the role played by

A. Relativity

B. Casuality

C. Intention

D. Ignorance

Correct Answer: B

44. Natural Rights are better known today as:

A. legal Rights

B. Common Law Rights

C. Human Rights

D. Implied Rights

Correct Answer: C

45. The Supreme Criterion of validity for Hart is the:

A. Rule of recognition

B. Grundnorm

C. Command of the sovereign

D. Natural Law

Correct Answer: A

46. Important jurists whose name is associated with Scandinavian realism is:

A. Jerome Hall

B. Oliver Wendall Holmes

C. Alf Ross

D. None of the above

Correct Answer: C

47. The independence from foreign authority of a sovereign was described by Austin as

A. Negative Mark of Sovereignty

B. Political Society

C. Comity of Nations

D. Positive mark of sovereignty

Correct Answer: A

48. According to Kelsen, the grundnorm:

A. Was customary law

B. was transcendental sanctions

C. Provided validity to the normative system

D. Provided continuity to its historical past

Correct Answer: C

49. The jural opposite of “duty” in a Hohfeldian Conception is:

A. Power

B. Immunity

C. Liberty

D. Claim Rights

Correct Answer: C

50. The jural correlative of “liberty” is:

A. Immunity

B. No-claim

C. Liability

D. Duty

Correct Answer: B

51. Principle: An injured party may recover those damages reasonably considered to arise from a breach of contract or those damages within the reasonable contemplation of the parties at the time of contract.


Facts: A shaft in ‘P’s mill in Noida broke rendering the mill inoperable. ‘P’ hired ‘Q’, a transporter, to carry the broken shaft to an Engineering Workshop in Gurgaon so that he could make a duplicate shaft. ‘P’ told ‘Q’ that the shaft must be sent immediately and ‘Q’ promised to deliver it the next day. ‘Q’ did not know that the mill would be inoperable until the new shaft arrived. However, ‘Q’, due to his negligence did not transport the shaft as promised, causing the mill to remain shut down for an additional five days. ‘P’ had paid Rs. 2,000 to ‘Q’ towards transportation. ‘P’ sues ‘Q’ for Rs. 30,000 as damages due to lost profits and wages.
What is the liability of ‘Q’.

A. ‘Q’ is liable to pay damages to ‘P’ as claimed, as there was a negligent act of ‘Q’ which resulted in the loss, reasonably considered to arise from a breach of contract.

B. ‘Q’ is liable to pay damages to ‘P’, as claimed, because, as a reasonable person, ‘Q’ should have known that ‘P’ would suffer due to his negligent act.

C. ‘Q’ is not liable to pay the entire damages as claimed by ‘P’, because at the time of entering into the transportation contract, ‘Q’ did not know about the possible non-functioning of the mill.

D. ‘Q’ is not liable as the non-functioning of the mill had nothing to do with his negligence and P alone was responsible for the situation.

Correct Answer: C

52. According to Rawls, lexical priority is accorded to:

A. Social rights

B. Liberty

C. Equality

D. Virtue

Correct Answer: B

53. For Ronald Dworkin, an essential feature of rights is its:

A. Protection of group rights

B. Protection of individual interest

C. Trumping feature

D. Open-texture

Correct Answer: C

54. Feminist jurisprudence traces women’s subrogation chiefly to:

A. Class society

B. Biological differences to men

C. Pornography

D. Patriarchy

Correct Answer: D

55. Under which provision a “thug” is punished and what is the quantum of punishment prescribed?

A. Section 311, IPC, Imprisonment of ten years and fine

B. Section 310, IPC, imprisonment of upto two years and fine

C. Section 311, IPC, imprisonment for life and also fine

D. Section 312, IPC, fine of upto Rs. One lakh.

Correct Answer: C

56. Article 16(a) of the Constitution of India incorporates the concept of:

A. Distributive justice

B. Numerical equality

C. Equality by results

D. Equality of opportunity

Correct Answer: D

57. “Escheat” is a principle that applies to:

A. Bona Vacantia

B. Abandoned property

C. Both of the above

D. None of the above

Correct Answer: C

58. Which of the following provisions of IPC prescribes death sentence as the only punishment for murder?

A. 302 and 303

B. 303 and 307

C. 304B and 307

D. 306 and 307

Correct Answer: B

59. “Brandeis briefs” is court proceedings are usually associated with the:

A. Natural law school

B. Positivist school

C. Sociological school

D. Historical school

Correct Answer: C

60. Point out the incorrect statement.

A man is said to commit “rape” who has sexual intercourse with a woman

A. against her will

B. with her consent obtained by giving promise of marrying her

C. with his own wife who is fifteen years of age

D. with a woman of fifteen years and six months of age, with her consent

Correct Answer: C

61. The statement that natural rights is “nonsense upon stilts” was made by:

A. Hobbes

B. Bentham

C. Locke

D. James Mill

Correct Answer: B

62. According to Hart, the secondary rules associated with inefficiency of the pre-legal system are the rules of:

A. Change

B. Adjudication

C. Legitimation

D. Recognition

Correct Answer: B

63. The Deterrent theory of Punishment is justified by:

A. Kantianism

B. Utilitarianism

C. Reformists

D. Sophists

Correct Answer: B

64. Principle: General rule is that it is for the plaintiff to prove negligence of the defendant. But if the thing causing the injury is under the control of defendant and injury is such as would not occur without negligence, law presumes negligence.

Facts:
While performing a surgery for the removal of stones from the kidney of ‘A’, Dr. ‘B’ left a mop inside the body of ‘A’. ‘A’ suffered acute pain and has to be operated again for the removal of the mop.

A. ‘A’ will not succeed as he has consented to the surgery

B. Dr. ‘B’ is liable for all the injuries suffered during surgery.

C. Dr. ‘B’ is liable as leaving a mop inside the body during surgery raised a presumption of negligence on his part.

D. ‘A’ will not succeed as he can not prove the negligence of Dr. ‘B’ in performing the surgery.

Correct Answer: C

65. Principle: No person can sue for a tort to which he had consented either expressly or impliedly. Voluntarily suffered injury is not fit for action. However rescue cases are exceptions.
Facts: A short distance from ‘X’ house, there was a railway collision due to the negligence of railway authority. ‘X’ voluntarily took an active part in rescue operations at the scene of the accident. As a result, he suffered prolonged anxiety and neurosis. He filed a suit for damages against railway authority.

A. ‘A’ will not succeed as he went to the scene of accident voluntarily

B. ‘A’ being a rescuer, wrong doer owed a duty towards him also and is liable to compensate him.

C. ‘A’ will not succeed as railway authority was not negligent towards him

D. ‘A’ will not succeed as railway authority cannot forsee any harm to him.

Correct Answer: B

66. Principle: Defamation is the publication of a statement resulting in injury to the esteem or regard in which one is held by others.
Facts: ‘A’ invited his friend ‘B’ to his house for dinner. While the two were having dinner, ‘B’ made certain unwanted comments about the married sister of ‘A’. Frustrated, ‘A’ started abusing ‘B’ and also said that he is a womanizer and a cheat and has misappropriated huge funds of his employer. ‘B’ sued ‘A’ for damages.

A. ‘A’ is liable as he made defamatory statements about ‘B’.

B. ‘A’ is not liable as ‘A’ has not communicated the statements to anybody except ‘B’.

C. ‘A’ is liable as he should not have insulted his friend ‘B’.

D. ‘A’ is not liable as he made these defamatory statements on being provoked by ‘B’ himself.

Correct Answer: B

67. Principle: When a statute authorizes the doing of an act, which would otherwise be a tort, the party injured has no remedy except the one , if any, provided by the statute itself. The act done in pursuance of statutory power must be done without negligence.
Facts: Delhi Metro Rail Corporation (DMRC) is authorized by a statute to build run metro rails on the specified routes in Delhi. One of the pillars of the metro line collapsed causing death of five persons. It was pillars of the metro line collapsed because the engineer has not properly found that the pillar collapsed because the engineer has not properly inspected it. Dependants of the deceased claimed damages from DMRC.

A. DMRC is not liable because it is authorized by the statute to build metro rail

B. DMRC is not liable

C. DMRC is liable

D. DMRC is liable as the pillar collapsed due to the negligence of an employee of DMRC.

Correct Answer: D

68. Principle: A principle is vicariously liable for the tort of his agent committed within the course of his authority.
Facts: ‘A’ who was about to compete in a car rally, asked his friend, ‘B’, to drive his A’s car from Delhi to Chandigarh so as to meet ‘A’ there at the end of the rally. ‘B’ was to bring in the car a suitcase for ‘A’, and , after the rally, they were both to take the car and go to Shimla. ‘B’ departed from Delhi but, before reaching Chandigarh, negligently collided with plaintiffs car which was damaged. Plaintiff claimed damages from ‘A’ and ‘B’.

A. Only ‘A’ can be held liable as he is the owner of the car

B. Only ‘B’ can be held as he was driving the car

C. Neither ‘A’ nor ‘B’ can be held liable.

D. Both ‘A’ and ‘B’ can be held liable as ‘B’ was using the car for ‘A’s purpose

Correct Answer: D

69. Principle: No action lies for mere damages or loss, however substantial, caused by an act which does not infringe some legal right of the plaintiff.
Facts: In order to ward-off the flow of water into his land from a stream, ‘A’ dug a trench and put up a bund on his land. As a result, the rainwater now flowed to ‘B’s land and caused damages. ‘B’ claimed damages from ‘A’.

A. ‘B’ can sue for damages as he suffered loss

B. ‘B’ cannot sue for damages

C. ‘B’ cannot sue for damages as his legal rights were not violated

D. ‘B’ can sue for damages as his legal rights were violated and he also suffered loss.

Correct Answer: C

70. Principle: A master is liable for the wrongful act of his servants committed in the course of employment.
Facts: ‘A’ employed ‘B’ to drive his jeep. ‘B’ took the jeep from the workshop and thereafter, instead of taking the jeep to the garage, went on a spree, and on the way, he gave joy ride to some unauthorized persons. ‘B’s negligence caused an accident resulting in injuries to all the unauthorized persons in the vehicle. Can they claim damages from ‘A’?

A. No, They were not authorized to use the vehicle

B. Yes. They were injured due to the negligence of ‘A’ s servant.

C. Yes, bringing jeep from the workshop to the garage was within the course of employment

D. No. Act of going on a spree and giving lift to unauthorized persons was outside the course of employment

Correct Answer: D

71. Principle: Tortfeasor must take his victim as he finds him.
Facts: ‘A’, though directly involved in a motor accident, remained physically unhurt but suffered Myaglic Encephalomyelitis, a psychiatric illness with which he had earlier suffered but which was then in remission. He claimed damages from the driver of the motor car. Will he succeed?

A. No. This illness was not foreseeable in a person of normal health.

B. No. He has not suffered any physical injury

C. Yes, though this illness was not forseeable but some physical harm was foreseeable.

D. Yes. He has suffered injuries by shock.

Correct Answer: C

72. Principle: An enterprise which is engaged in a hazardous or inherently dangerous activity which poses a potential threat to the health and safety of the persons working in the factory and residing in the surrounding area owes an absolute and non-delegable duty to the community to ensure that no harm results to anyone on account of his activity.
Facts: A poisonous gas leaked from the storage tank of fertilizers manufacturing industry of defendant due to a wind storm resulting in serious breathing problems and eye injuries to ‘A’ and ‘B’ who were working.

A. Defendant is liable to compensate ‘A’ and ‘B’ only.

B. Defendant is liable to compensate all i.e. ‘A’, ‘B’, ‘C’ and ‘D’

C. Defendant is not liable as leakage occur due to Act of God.

D. Defendant is not liable as he was not negligent.

Correct Answer: B

73. Principle: Negligence as a tort is the breach of a legal duty to take care which resulted in damage, undesired by the defendant, to the plaintiff.
Facts: Plaintiff slipped into a pit filled with rain water. While slipping he caught hold of a nearby electricity pole to avert the fall. Due to leakage of electricity in the pole, he was electrocuted. Can the Electricity Board be held liable?

A. No. Electricity Board has no knowledge of leakage of electricity in the pole.

B. Yes. It is the duty of Electricity Board to take care that there is no leakage of electricity in the pole.

C. No. Plaintiff caught cold of the pole on a rainy day.

D. Yes. Electricity Board should take care that there is no pit near the electric pole.

Correct Answer: B

74. The attributes of sovereignty, according to Austin, does not include one of the following:

A. Universal

B. exercised by different authorities

C. indivisible

D. unlimited

Correct Answer: B

75. Which one of the following is not an essential constituent of a Tort?

A. Wrongful act or omission

B. Damages

C. Legal Injury

D. Legal Remedy

Correct Answer: B

76. Which one of the following is not correct?

A. In tort and crime the duty is fixed by law while in contract the duty is fixed by the parties themselves.

B. Rights and duties are in rem in tort and crime while in contract they are impersonam.

C. Tort and breach of contract are private wrongs while crime is a public wrong.

D. In tort, and breach of contract actual damages must occur while in crime it is not necessary.

Correct Answer: D

77. Match the following pairs and select the correct answer from the code given below:

a. Damnum Sine Injuria i.  Overseas Tankship (U.K.) Ltd. V. Morts Dock & Engg. Co. Ltd.
b. Defamation ii. Nagendra Rao v. State of A.P.
c. Remoteness of damages iii. Tolley v. J.S. Fry and Sons Ltd.
d. Vicarious Liability iv. Town Area Committee v. Prabhu Dayal

Code:

A. a-iv, b-iii, c-i, d-ii

B. a-iv, b-ii, c-i, d-iii

C. a-iv, b-i, c-ii, d-iii

D. a-ii, b-iii, c-iv, d-i

Correct Answer: A

78. The specialized defences to an action for defamation are:

A. Truth, absence of motive, fair comment

B. Truth, absence of motive, privileges

C. Justification, Fair comment and privileges

D. Privileges, statutory authority, fair comment

Correct Answer: C

79. Innuendo means:

A. An innocent looking statement which has a hidden defamatory meaning

B. Doing an act with an intention to cause harm to others.

C. Doing an act without any intention to cause harm to others.

D. None of the above

Correct Answer: A

80. Which of the following defences is available in tort of negligence?

A. Statutory authority

B. Act of God

C. Volenti non fit injuria

D. None of the above

Correct Answer: D

81. Violation of right actionable per se means:

A. Not actionable

B. Actionable without proof of any damage

C. Actionable on proof of actual damage

D. Actionable against some person only

Correct Answer: B

82. Defence of “Act of god” is available if the event resulting in damage is:

A. Extraordinary and cannot be guarded against with ordinary prudence

B. Extraordinary and occur due to natural causes

C. Unforeseeable and occur without intervention of human agency

D. All of the above

Correct Answer: D

83. The number of judges including the Chief Justice in the Supreme Court is:

A. 30

B. 31

C. 32

D. None of the above

Correct Answer: B

84. Malice in law means:

A. A wrongful act done with vindictive motive

B. A wrongful act done without justification

C. A wrongful act done without intention

D. A wrongful act done intentionally

Correct Answer: B

85. The right of a person to recover damages for nervous shock sustained while he was not present at the scene of grievous injuries to his family but comes upon those injuries at an interval of time and space was recognized by the House of lords in:

A. Mcloughlin v. O’Brian

B. Bourhill v. Young

C. Page v. Smith

D. Alcock v. Chief Constable

Correct Answer: A

86. Unreasonable interference in the use or enjoyment of land resulting in some damage constitute:

A. Private nuisance

B. Public nuisance

C. Trespass to Land

D. None of the above

Correct Answer: A

87. Principle: If an injury is the result of a reasonably foreseeable cause, the person/authority responsible is liable for damages because he has a duty to take reasonable measures to prevent it.

Facts:
Janet, a housewife standing at her balcony, was struck on the head by a ball that flew out of a cricket field across her home. Janet sues the District Cricket Association (DCA), the owner of the cricket field for public nuisance and negligence on the ground that the field did not have a fence high enough to prevent such occurrence. DCA claims that only about 10 balls had escaped the field in the previous 10 years and it was therefore an unforeseeable risk.

Is there a duty on the part of the DCA to prevent the risk? Is the DCA liable to compensate Janet?

A. Yes, as 10 balls had escaped the field, the risk was reasonably foreseeable. The DCA is responsible and is liable for damages because it has a duty to take reasonable measures to prevent it.

B. No. As only 10 balls had escaped the field in the previous 10 years, it was an unforeseeable risk.

C. Yes. A person owing a Cricket field is expected to compensate any injury arising out of and in the course of using the cricket field.

D. No. As anyone who has chosen to stay near a cricket field is doing so at his own risk and is bound by the rule, volenti non fit injuria.

Correct Answer: A

88. What is the total number of legislations included in the Ninth Schedule to the Constitution of India?

A. 300

B. 284

C. 257

D. 258

Correct Answer: B

89. Principle: A common carrier owes to its passengers the highest degrees of care which a prudent man would be expected to exercise under similar circumstances.

Facts: A couple entered the premises of an amusement park after obtaining a ticket for entry and paid the special fare for the roller coaster ride. The lady received an electrical shock while she and her husband were boarding the roller coaster. She had to be admitted in the hospital for treatment. Her husband moves the court against the operator of the ride.

Is the operator of the ride liable?

A. Yes. The couple is in the position of invitees and so the operator of the ride is liable to any invitee in their premises.

B. No. The operator is duty bound to take care of the wellbeing of the persons only when the patrons sit inside the ride. The liability of the common carrier starts only after they occupy a seat in the ride.

C. Yes. The operator owed the highest degree of care to its patrons, or that degree of care which a prudent person would be expected to exercise in the maintenance, inspection and repair of such equipment.

D. No. As the contract has not commenced, the liability of the operator has not yet begun and hence he is not liable.

Correct Answer: C

90. Principle: A person becomes liable for his negligence when he owed a duty of care to others.
Facts: A train was leaving the platform. Dhiraj rushed and boarded the moving train. He was carrying a parcel of long wooden reapers. Even though Dhiraj managed to enter the train, the parcel was protruding out through the compartment door. Mohit, who came to see off his friend, was standing on the platform waiting for the train to move. The protruding parcel hit Mohit on his chest.
Mohit claims compensation for the injury from Dhiraj. Will Mohit succeed?

A. Mohit will succeed because Dhiraj ought to have taken care to keep the parcel inside the train and he should have anticipated some untoward incidence due to his carelessness.

B. Dhiraj is not liable, as he was only entering the moving train and he did not get adequate time to pull the parcel inside. Mohit was standing at the platform and was careless.

C. Mohit will not succeed as it was his duty to take sufficient care to avoid any accident, while standing on the Station platform.

D. Dhiraj is not liable to Mohit as it was the duty of the railways to ensure the safety of the people allowed to enter the platform.

Correct Answer: A

91. What is the total number of languages included in the Eighth Schedule to the constitution of India?

A. 15

B. 18

C. 20

D. 22

Correct Answer: D

92. Principle: A person who voluntarily takes a decision to do something after appreciating the risk involved in such act and then receives an injury, will not be entitled to get any compensation.
Facts: ‘X’, an electrical engineer, was invited by his friend ‘Y’, to the factory where he was employed. While they were in the factory, ‘Q’ a worker in the factory informed ‘Y’ about some short-circuit in the power room. Hearing this, ‘Y’ asked ‘X’ to stay in the office room and rushed to the power room. ‘X’ however, decided to follow ‘Y’. ‘X’ noticed that if the power supply through a particular electric line could be disconnected, the electrical leakage could be stopped which would prevent further damage. Suddenly ‘X’ decided to pull out the wire manually even though it was risky. This resulted in a blast in which both ‘X’ and ‘Y’ got injured. ‘X’ had to spend Rs. 1 lakh at the hospital for his treatment. ‘X’ wants to file a suit for compensation from the management of the factory. Will he succeed?

A. Yes, because ‘X’ was invited by ‘Y’ to visit him and hence is in the position of an invitee.

B. Yes, because ‘X’ was trying a avert a great danger to the factory

C. No, because ‘Y’ specifically asked ‘X’ to stay in the office room

D. No, as ‘X’ was aware of some risk in his action and still decided to take the risk.

Correct Answer: D

93. Principle: A service provider is liable to his consumer for any deficiency in service under the Consumer Protection Act, 1986.
Facts: Mr. Frank is running a Restaurant on the Mumbai-Goa Highway. Johns, a foreign tourist on his way from Karnataka to Mumbai stopped at Mr. Frank’s Restaurant for dinner. The Restaurant was providing boarding facilities to its customers free of charges. After dinner, Johns decided to sleep for a while before resuming his journey. Johns slept due to exhaustion, but his sleep was disturbed because of the persistent attacks by bed bugs. Further, rashes also developed on his skin due to the bug bites. Johns loves the Consumer Forum for relief.
What are the chances of his success?

A. Johns will not succeed as the boarding facility provided by the restaurant was free and will not fall under the definition of service within the purview of the Consumer Protection Act, 1986.

B. Johns will succeed because the boarding facility was provided by the Restaurant only to its customers and hence will be falling within the ambit of service under the Act.

C. Johns will not succeed as admittedly he slept and hence there was no deficiency in service by the Restaurant.

D. Johns; success in getting relief will depend upon his ability to prove some loss or damage due to the negligence of the boarding administrators.

Correct Answer: B

94. An executory consideration is:

A. Past consideration

B. Mutual Exchange of promises, one being a consideration for other

C. Present consideration

D. Reciprocal promise

Correct Answer: B

95. Who is the author of the book “Development as Freedom”?

A. Bhikhu Parekh

B. Amartya Sen

C. Alien Buchanan

D. A.A. Berle

Correct Answer: B

96. A notice in the newspapers inviting tenders is:

A. A proposal

B. A promise

C. An invitation to proposal

D. An invitation for negotiation

Correct Answer: C

97. Mark the correct response:

A. A person who has provided no consideration cannot sue

B. A stranger to a contract cannot sue

C. A stranger to a consideration can sue if he is a party to the contract

D. A stranger to a consideration can sue if he is a party to the contract

Correct Answer: A

98. Point out the incorrect statement.
No person is eligible for election as President if he:

A. holds an office of profit

B. is not eligible to be a member of the House of the People

C. has not completed the age of thirty years

D. is not a citizen of India

Correct Answer: C

99. A contract which is formed without free consent of parties is:

A. Void

B. Void ab initio

C. Unlawful

D. Voidable at the instance of the party whose consent was not free

Correct Answer: D

100. Which of the following is not a quasi-contract?

A. Obligation of a person enjoying benefit of non-gratuitous act

B. Responsibility of finder of goods

C. Quantum meruit

D. Novation

Correct Answer: D

101. ‘P’, a wholesale dealer in sugar, enters into an agreement with ‘Q’ that he would not sell sugar beyond a radius of one mile of his godown.

A. Agreement is valid

B. Agreement is invalid

C. Agreement being in restaurant of trade is void

D. Agreement is voidable at the option of ‘T’

Correct Answer: C

102. Which statement is incorrect?
The seat of a member of parliament becomes vacant

A. if he absents from the meetings of the House for at least 60 days.

B. if he holds membership of both Houses of Parliament

C. if he holds membership of one House of Parliament and also of the State legislative Assembly.

D. If he hold an office of profit.

Correct Answer: D, Article 101

103. The offence of causing miscarriage without woman’s consent is punishable with

A. imprisonment for life

B. maximum imprisonment for life and minimum of ten years

C. imprisonment for life or with imprisonment extending upto seven years and also liable to fine.

D. imprisonment for life or with imprisonment extending upto ten years and also liable to fine.

Correct Answer: D, Section 313 of IPC

104. Article_____ of the Constitution of India requires all civil and judicial authorities in the territory of India to act in aid of the Supreme Court.

A. 141

B. 142

C. 143

D. 144

Correct Answer: D

105. In India, the doctrine of impossibility of performance of a contract being void, is based:

A. On the theory of implied term

B. On the theory of just and reasonable solution

C. On supervening impossibility or illegality as laid down in Section 56 of Indian Contract Act

D. On the principle of unjust enrichment

Correct Answer: C

106. Which of the following is the correct sequence in a claim for damages for breach of contract?

A. Contract, breach, damages

B. Offer, no acceptance, damages

C. Acceptance, no consideration, damages

D. Contract, offer, damages

Correct Answer: A

107. Every Promise and every set of promises forming the consideration for each other:

A. is a promise

B. is an Agreement

C. is called consideration

D. is called contract

Correct Answer: B

108. Which of the following cases is related to the ‘doctrine of frustration’?

A. Hadley v. Baxendale

B. Carlill v. Carbolic Smoke Ball Co.

C. Satyabrata Ghosh v. Mugneeram

D. Madras Railway Co. V. Govind Rao

Correct Answer: C

109. Which provision of the Indian Contract Act, 1872 deals with agreement in restraint of legal proceedings?

A. Section 27 (Agreement in restraint of trade)

B. Section 28

C. Section 23

D. Section 29 (Agreements void for uncertainty)

Correct Answer: B

110. The question of inconsistency between a law made by Parliament in a State List subject by virtue of a resolution passed by the Council of States on the ground of national interest has to be decided by reference to ____

A. Article 249

B. Article 251

C. Article 253

D. Article 254

Correct Answer: A, Power of Parliament to legislate with respect to a matter in the State List in the national interest

111. The contract of Uberrima fidei means:

A. A contract of goodwill

B. A contract guaranteed by surety

C. A contract of absolute faith

D. None of the above

Correct Answer: C

112. Which one is incorrect? Culpable Homicide does not amount to murder in certain cases of grave and sudden provocation provided:

A. the provocation was not sought by the offender

B. the provocation is not given by anything done in obedience to law

C. the provocation is not given by anything done in the lawful exercise of right of private defence

D. the question whether the provocation was grave and sudden is a pure question of law

Correct Answer: D

113. The principle of ‘post-decisional hearing’ was followed in:

A. Swadeshi Cotton Mills v. Union of India

B. Tata Oil Mills v. Union of india

C. H.L. Trehan v. Union of India

D. K.L. Shephard v. Union of India

Correct Answer: B

114. In which case, the Supreme Court held that non-compliance with the directions of the court given in any matter beyond its jurisdiction does not amount to contempt of court?

A. People’s Union for Civil Liberties v. Union of India (2003)

B. Bharat Kumar v. State of Kerala (1997)

C. Asif Hameed v. State of J&K (1989)

D. Union of India v. Prakash P. Hinduja

Correct Answer: D

115. The Confirmation of an additional judge of a High Court as permanent judge of that Court on the recommendations of the Chief Justice of India without consultation with the collegium was held valid by the Supreme Court in:

A. S.P. Gupta v. Union of India

B. Shanti Bhushan v. Union of India

C. S.C. Advocates-on-Record Association v. Union of India

D. Special Reference No. 1 of 1998

Correct Answer: B

116. Hochester v. De La Tour related to:

A. Quasi Contract

B. Doctrine of promissory Estoppel

C. Anticipatory breach of contract

D. Quantum meruit

Correct Answer: C

117. In which of the following cases, the offence of theft has not been committed?

A. A cuts trees in the land belonging to Z. Before A could take away the cut trees, he is apprehended

B. A puts a piece of meat in his bag. B’s dog follows him. B is not aware of movement of his dog. When A reached his house, he saw the dog and chained it inside his house.

C. A finds a ring lying on the roadside. A takes the ring and keeps the same with himself

D. A had pawned his watch with X. Without X’s consent, A takes back his watch without paying the money for which the watch was pawned.

Correct Answer: C

118. The Union Executive has no power to issue directions to state executive under ____ of the Constitution of India

A. Article 256

B. Article 257

C. Article 353

D. Article 356

Correct Answer: D

119. Which one of the following pair is incorrect?

A. Dr. Devi Singh Sekhawat – Education

B. Dr. Balbir Singh Chauhan – Justice

C. Attorney General of India – P.P. Rao

D. Dr. Karan Singh – Parliament

Correct Answer: C

120. Which one of the following pair is incorrect ?

a. Article 31 C, Constitution of India Directive Principles of State Policy
b. Fifth Schedule, Constitution of India Provisions relating to Tribal areas in some states
c. Article 131, Constitution of India Supreme Court
d. Article 124(d), (5), Constitution of India Supreme Courts and High Courts

Correct Answer: a

121. The claim of members of Schedule Castes and Scheduled Tribes in making appointments is required to be taken into consideration consistently with the maintenance of efficiency in administration is provided under which provision of the Constitution of India or judicial pronouncement?

A. Balaji v. State of Mysore

B. P. Rajendran v. State of Madras

C. Article 335 of the Constitution of India

D. Article 16 of the Constitution of India

Correct Answer:C

122. An agreement is void if its object or consideration is:

A. Forbidden by law

B. of such nature that if permitted, it would defeat the provisions of law fraudulent

C. fraudulent

D. All of the above are correct

Correct Answer: D

123. By which amendment, special representation in Parliament for the Anglo-Indian Community in one of the Houses of Parliament for seventy years has been made?

A. Constitution (44th Amendment) Act, 1980

B. Constitution (62nd Amendment) Act, 1989

C. Constitution (79th Amendment) Act, 1999

D. Constitution (95th Amendment) Act, 2009

Correct Answer: D

124. Which one of the following pair is incorrect?

A. Section 391, IPC – Punishment for dacoity

B. Section 445, IPC – House Breaking

C. Chapter VIII, Indian Contract Act – Indemnity and guarantee

D. Section 73, Indian Contract Act – Consequences of breach of Contract

Correct Answer: A, definition of dacoity

125. In which case, Jutice R.C. Lahoti held that the High Courts are not subordinate courts but the Supreme Court has superior place in hierarchy. He further held: “it (Supreme Court) cautiously abstains from issuing any ‘directions’ as such (to the High Courts) and rather uses the alternative and polite expressions like – “ we request the High Court”, “ the High Court is expected to”, “we trust and hope that the High Court will/shall”, spelled out by courtesy and the respect and regards which the Supreme Court has – and must have – for High Courts.”

A. Asst. Commissioner of Central Excise v. Dunlop India Ltd. (1985)

B. Siligury Municipality v. Amlendu Das (1984)

C. Tirupati Balaji Developers Pvt. Ltd. V. State of Bihar (2004)

D. State of Punjab v. Jagdev Singh (1984)

Correct Answer: C

126. The Supreme Court of India in one case observed that “Article 15(4) is an enabling provision and the State Government is the best judge to grant reservation for SC/ST/Backward Class categories at Post-Graduate level in admission and the decision ___ not to make any provision for reservation at the Post-Graduate level suffers no infirmity.” This observation was made by

A. Justice K.G. Balakrishnan in Ashoka Kumar Thakur Case (2008)

B. Justice B.P. Jeevan Reddy in Indra Sawhney case (1993)

C. Justice P. Sathasivam in Dr. Gulshan Prakash case (2009)

D. Justice S.H. Kapadia in M. Nagaraja case (2006)

Correct Answer: C

127. In which case the Supreme Court held that the rule that though reservation under Article 16(4) should not exceed 50%, “it is not necessary to put out of consideration certain extraordinary situations inherent in the great diversity of this country and the people”?

A. Indra Sawhney v. Union of India

B. Ashok Kumar Thakur v. State of Bihar

C. State of Kerala v. N.M. Thomas

D. Balaji v. State of Mysore

Correct Answer: A

128. Which provision of the Constitution of India prescribes that it shall be the endeavour of every state and local authority to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to minority groups?

A. Article 21A

B. 45

C. 46

D. 350 A

Correct Answer: D

129. By which constitutional amendment, the National Commission for Scheduled Castes and Scheduled Tribes was bifurcated into two separate commissions?

A. Constitution (Sixty-fifth Amendment) Act, 1990

B. Constitution (Eighty-ninth Amendment) Act, 2003

C. Constitution (Seventh Amendment) Act, 1956

D. Constitution (Twenty-third Amendment) Act, 1969

Correct Answer: B

130. Who amongst the following secularized the concept of law of nature and considered it as an independent source of international law?

A. Austin

B. Kelsen

C. Bentham

D. Hogo Grotious

Correct Answer: D

131. The words ‘consensus ad idem’ mean?

A. No agreement can have more than one meaning

B. To agree in the same way

C. To agree on the same thing in the same sense

D. To agree for different objects in the same sense

Correct Answer: C

132. Five civil servants were dismissed from service without enquiry and hearing for their conduct of assaulting their boss at the railway station immediately after his retirement. The reasons for dismissal including impractibility of holding the enquiry were duly recorded. It was proved that the assault took place in a pre-planned manner. They were all arrested and prosecuted for assaulting the boss but later acquitted by the criminal court. Which answer is correct?

A. Dismissal without enquiry and hearing is not valid.

B. Dismissal for misconduct is invalid since the civil servants had been acquitted for the same conduct during the criminal trial.

C. Dismissal is valid under the above facts and circumstances.

D. None of the above is correct

Correct Answer: C

133. An unjust law is no law at all according to the:

A. Realists

B. Sociologists

C. Critical theorist

D. Naturalists

Correct Answer: D

134. Principle: A person is duty bound to act with such reasonable caution as a prudent man would have exercised under such circumstances.

Facts: The defendant ‘D’, built a hay stacknear the boundary of his land which bordered the plaintiff’s land. He had been warned several times by many in the vicinity over a period of five weeks that the manner in which he built the hay stack was dangerous. The defendant’s hay stack had been built with a precautionary “chimney” to prevent the hay from spontaneously igniting, but one day it caught fire. Consequently, the hay ignited and spread to the plaintiffs land, burning down two of the plaintiff cottages. Is ‘D’ liable?

A. There is no duty on the defendant to be responsible for the consequential damage.

B. As the hay stack had been built with a preacationary “chimney” to prevent the hay from spontaneously igniting, ‘D’ could be said to have taken reasonable care and hence he is not liable.

C The defendant ought to adhere to the rule which requires in all cases a regard to caution such as a man of ordinary prudence would observe and hence, ‘D’ is liable.

D. According to the principle of strict liability, ‘D’ is liable to compensate the loss of his neighbour

Correct Answer: C

135. According to Hart, primary rules are:

A. Rules of obligation

B. power-conferring

C. morally binding

D. customary rules

Correct Answer: A

136. One of the following is incorrect. Point out incorrect statement. Consent is said to be free when it is not caused by:

A. fraud

B. mistake of fact caused by one of the parties

C. misrepresentation

D. coercion

Correct Answer: B

137. A accused/delinquent does not have one of the following rights:

A. to take the plea that he had already been punished for the same offence earlier

B. to plead that he was not guilty as on the date of committing the alleged crime the act was not a punishable offence

C. to refuse to take part in singing National Anthem on the ground that his religion does not permit it.

D. to refuse to give specimen signature and hand-writing

Correct Answer: D

138. Point out the correct statement:

A. No one can be subjected to narco-analysis test against his wishes

B. Power of High Courts under Article 227 can be taken away

C. A civil servant can never be dismissed without enquiry

D. All India Services can be created according to Article 312 as well as 320

Correct Answer: A

139. In which case, the Supreme Court for the first time laid down two elements, viz. the connection must be real and not illusory and the liability sought to be imposed must be pertinent to that connection, with regard to territorial nexus?

A. State of Bihar v. Charusila Dasi

B. State of Bombay v. R.M.D. Chamarbaugwala

C. Tata Iron & Steel Co. Ltd v. State of Bihar

D. Deoki Nandan v. Murlidhar

Correct Answer: C

140. Actio Personalis moritur cum persona means:

A. where there is a right there is a remedy

B. Laws will not hear one who alleges contrary facts

C. A personal action dies with the person

D. Loss or damage for which there is no legal remedy

Correct Answer: C

141. The Parliament passed an Act and empowers a court at the district level to enforce the fundamental rights of citizens in service matters. The Act is:

A. invalid

B. invalid if it establishes a court with same powers as the High Courts and the Supreme Court to issue writs.

C. valid

D. valid even if the powers of the Courts are ousted

Correct Answer: C

142. Which statement is incorrect?

A. The right conferred by Article 32 cannot be suspended except by virtue of Article 359(a) of the Constitution of India

B. the enforcement of Articles 20 and 21 cannot be suspended

C. Punishments can be prescribed by law made by the appropriate legislature for offences under Part III of the Constitution of India

D. The fundamental rights can be abrogated by a law made by Parliament with regard to members of the forces charged with the maintenance of public order.

Correct Answer: C

143. According to Hart, Primary rules are:

A. Rules of obligation

B. power-conferring

C. morally binding

D. customary rules

Correct Answer: A

144. During the course of his morning walk, ‘A’ comes across a dead body lying attended on a secluded portion of the road. ‘A’ immediately removes the gold chain and watch from the dead body, keeps it in his pocket and walks away from the place. What offence has ‘A’ committed?

A. Theft

B. Extortion

C. Dishonest misappropriation of property

D. Criminal breach of trust

Correct Answer: C

145. ‘A’, under influence of passion excited by a provocation given by ‘Z’, intentionally kills ‘Y’, who is child of ‘Z’. The offence committed by ‘A’ is:

A. Infanticide

B. Mansluaghter

C. Culpable homicide amounting to murder

D. Culpable homicide not amounting to murder

Correct Answer: C

146. In which case for the first time, the Supreme Court had laid down certain principles to decide as to when a corporation can be said to be an instrumentality of the state:

A. Ramana Dayaram Shetty v. International Airport Authority of India

B. Sukhdev Singh v. Bhagatram

C. Rajasthan State Electricity Board v. Mohan Lal

D. Som Prakash Rekhi v. Union of India

Correct Answer: B

147. Matrimonial Property under Hindu Marriage Act, 1955 refers to:

A. property gifted to the bridal couple at the time of marriage

B. property acquired by the couple through purchase during marriage

C. property received by the couple during marriage through inheritance

D. property acquired by the couple through gainful learning during marriage

Correct Answer: A

148. Which of the following is not a source of international law as per Article 38(a) of the Statute of International Court of Justice?

A. Teaching of the most highly qualified publicists

B. Judicial decisions

C. General Assembly Resolutions

D. International customs

Correct Answer: C

149. A legislation imposes ceiling on the number of pages which a newspaper may have long with limit to advertisement and price of the newspaper. The legislation is included in the Ninth Schedule to the Constitution of India. Which answer is correct?

A. the legislation is invalid as it violates the freedom under Article 19(1)(a)

B. The legislative is valid as it gets the protection of Article 31-B

C. The legislation is valid because the company publishing the newspaper is not a citizen of India

D. The legislation is invalid because of basic structure doctrine as freedom of press is being violated.

Correct Answer: A

150. The author of “Political Realism” is:

A. D. Miller

B. R. Pound

C. H.L.A. Hart

D. John Rawls

Correct Answer: D

151. The concept of straight baseline for the purpose for the purpose of measuring breadth of territorial sea was adopted in:

A. Anglo-Norwgian Fisheries case

B. North Sea Continental Shelf cases

C. Delimitation of the Maritime Boundary in the Gulf of Marine Area

D. Corfu Channel case

Correct Answer: A

152. Who has been given power to perform the duties and exercise powers to Auditor General of India?

A. Finance Commission

B. Union Ministry of Finance

C. Comptroller and Auditor General of India

D. Auditors appointed by the President of India

Correct Answer: C

153. The President of India, before her election as President, was:

A. Chief Minister of Maharashtra

B. Governor of Rajasthan

C. President of a National Political Party

D. None of the above

Correct Answer: B

154. The present term of the House of the people is:

A. 13th

B. 14th

C. 15th

D. 16th

Correct Answer: C

155. Who amongst the following was of the opinion that binding force of international law is based on a fundamental principle known as pacta sunt servanda

A. Austin

B. Kelsen

C. Anzilloti

D. Hall

Correct Answer: C

156. The principle of subrogation was applied in:

A. temple of Preah Vihear case

B. Anglo-Norway Fisheries case

C. Mavrommatis Palestine Concessions case

D. Right of Passage case

Correct Answer: C

157. Which one of the following statements with regard to Constitution of India is incorrect?

A. Beggar under Article 23 includes non-payment of minimum wages

B. Reasonable restriction under Article 19(1)(g) includes total prohibition.

C. The principle of res judicata is applicable in all writ petitions under Article 32

D. ‘State’ will include a government company

Correct Answer: C

158. Which statement is incorrect?

A. a proposal is revoked by communication of notice of revocation

B. A proposal is revoked by the lapse of time prescribed in the proposal

C. A proposal is revoked if the acceptor does not act on proposal.

D. A proposal is revoked by the death of the proposer

Correct Answer: C

159. What is the maximum prescribed number of Union Ministers?

A. Ten percent of total number of members of Parliament

B. ten Percent of total number of members of the House of People

C. Fifteen percent of total number of members of the House of the People

D. 85

Correct Answer: C

160. Who amongst the following was called as father of Law of nations?

A. Austin

B. Kelsen

C. Oppenheim

D. Grotious

Correct Answer: D

161. In which of the following cases, Nemo judex in causa sua was applied as a general principle of law recognized by civilized nations?

A. Temple of Preah Vihear case, 1962

B. Island of Palmas case, 1928

C. U.N. Administartive Tribunal case, 1954

D. Chorzow Factory case, 1927

Correct Answer: D

162. Which one of the following agreements is valid?

A. A agrees to sell B “a hundred tons of oil”

B. A agrees to sell his white horse for Rs. One lakh or Rs. One and a half lakh

C. A agrees to sell B 100 tons of oil

D. A agrees to sell to B “all the grain in my godown at Delhi”

Correct Answer: D

163. An act not intended to cause death, done by consent in good faith for person’s benefit is a general defence under:

A. Section 88 of I.P.C.

B. Section 96 of I.P.C.

C. Section 76 of I.P.C.

D. None of the above

Correct Answer: A

164. The four Geneva Conventions of 1958 on various zones of the Sea do not deal with:

A. Exclusive Economic Zone

B. Contiguous Zone

C. Continental Shelf

D. Territorial Sea

Correct Answer: A

165. The theory of dualism on the relationship between international law and municipal law was not supported by:

A. Triepel

B. Kelsen

C. Anzilotti

D. Hegel

Correct Answer: B

166. Who was of the opinion that customary international law is a part of common law?

A. Austin

B. Kelsen

C. William Blackstone

D. Triepel

Correct Answer: C

167. Which of the following statements is correct in the light of Article 38(a) of Statute of International Court of Justice?

A. Judicial decisions of international bodies are primary source of international law

B. General principles of law are secondary sources of international law.

C. Equity is a secondary source of international law

D. Teachings of the most highly qualified publicists is a secondary source of international law

Correct Answer: D

168. “Disputes arising out of contract shall be referred to municipal courts of state which grants concession.” This is known as:

A. Blackstonian doctrine

B. Rule of Exhaustion of local remedies.

C. Absolute liability theory

D. Calvo clause

Correct Answer: D

169. Which of the following statements is incorrect?

A. An act done by a child below five years of age is not an offence

B. An act done by a child of eight years of age is not an offence

C. An act done by a child of nine years of age, who has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct on that occasion, is not an offence

D. An act done by a child of twelve years of age is not an offence if at the time of doing the act, he is incapable of knowing the nature of the act on account of intoxication.

Correct Answer: B

170. The Agreement of 1994 relating to the implementation of Part XI of the U.N. Convention on Law of the Sea is related to:

A. Fishing at the High Seas

B. Contiguous zone

C. Exclusive Economic Zone

D. Seabed mining

Correct Answer: D

171. The concept of common heritage of mankind for seabed and the ocean floor beyond national jurisdiction was given by:

A. Nagendra Singh

B. Hugo Grotious

C. Arvid Pardo

D. Harry S. Truman

Correct Answer: C

172. Which of the following is an incorrect match?

A. Austin – The Province of Jurisprudence Determined

B. Selden – Mare Clausum

C. Fitzmaurice – Pure Theory of Law

D. Hugo Grotious – Mare Liberum

Correct Answer: C

173. When the court is unable to assess damages, the aggrieved party may be awarded:

A. Nominal damages

B. Exemplary damages

C. Actual damages

D. Liquidated damages

Correct Answer: B

174. The European Commission of Human Rights was abolished by:

A. Protocol No. 11

B. Protocol No. 10

C. Protocol No. 9

D. Protocol No. 8

Correct Answer: A

175. Who was of the view that the obligatory force of international law stems from the vereinbarung, or agreement of states to become bound by common consent; this agreement is an expression of a ‘common will’ of states, and states cannot unilaterally withdraw consent.

A. Grotious

B. Kelsen

C. Triepel

D. Bentham

Correct Answer: C

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