DU LLM Entrance Test Solved Question Paper 2011 with Explanation

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1. The rule of Absolute Liability was first laid down by:

A. Lord Atkin in 1635

B. Justice Blackburn in 1868

C. Winfield in 1765

D. Chief Justice Holt in 1868

Correct Answer: B

2. Which of the following statement(s) is/are correct?

A. The English rule regarding proof of special damages in actions for slander does not apply in India.

B. Defamatory words lettered in a motion picture constitute slander

C. Defamatory portrayal through an effigy is slander

D. All the above statements are correct

Correct Answer: A

3. In which of the following cases, Justice Kennedy’s limitation to the claims relating to nervous shock that “the shock must have been due to fear of immediate personal injury to oneself” was rejected?

A. King v. Philips, (1953) 1 QB 429 (who suffers shock on being told of an accident to a loved one cannot recover damages from the negligent party on that account)

B. Dulieu V. White & Sons, (1921) 2KB 669 (The plaintiff could recover in respect of the physical consequences of nervous shock caused by reason of reasonable fear of immediate personal injury to oneself by Justice Kennedy

C. Hambrook V. Stokes Brothers, (1925) 1 KB 141

D. McLoughlin V. O’Brien, (1983) 1 AC 410

Correct Answer: C

4. Which of the following statements is incorrect?

A. the general rule that employer is not liable for tort committed by the independent contractor is not applicable in cases of strict liability.

B. Sabotage is a defence in case of strict liability.

C. Rule of absolute liability does not require escape of dangerous thing from defendant’s land to an area outside his control.

D. The Indian Supreme Court has evolved the rule of absolute liability in preference to the English rule of strict liability, so rule of strict liability has no relevance in India.

Correct Answer: D

5. ‘Qui facit per alium facit per se’ establishes the

A. liability under the IPC

B. liability under the law of torts

C. vicarious liability

D. liability under the Indian Contract Act

Correct Answer: D, Meaning – He who acts through another does the act himself

6. Anuj says to Ramesh, “if he would be interested in purchasing his bike for Rs. 10,000?” Ramesh immediately takes Rs. 10,000 to Anuj and says he wants to buy the bike. The result is:

A. a binding contract is forms

B. Only an agreement is forms

C. No contract is forms

D. A voidable contract is formed

Correct Answer: C

7. In case of acceptance by post at what point the acceptance is complete as against the proposer?

A. When the letter of acceptance is put in the course of transmission

B. When the letter of acceptance has been written

C. When the letter of acceptance has been received

D. when the letter of acceptance has been read by the proposer

Correct Answer: A, S/4. Communication when complete

8. Consideration for the contract signifies:

A. Equality in contracts

B. Fairness in contract terms

C. The bargain element in a contract

D. Valuation of the contract

Correct Answer: C

9. Who among the following has no right to enforce a contract?

A. Stranger to contract

B. Parties to contract

C. Strangers to consideration

D. The provider of consideration

Correct Answer: A

10. Surender’s dog is lost. He advertises in a newspaper – “Anyone who finds the dog will get a reward of Rs. 20,000.” The advertisement is:

A. A proposal

B. An invitation to proposal

C. Statutory damages

D. Nominal damages

Correct Answer: A

11. What kind of damages can be granted under the Indian Contract Act, 1872:

A. Exemplary damages

B. Compensatory damages

C. Statutory damages

D. Nominal damages

Correct Answer: B

12. The principle contained under section 73 of Indian Contract Act is based on:

A. Hadley v. Baxendale

B. Jamal v. Moola Dawood sons & co. (Damages for breach of contract such as a contract of sale are normally to be assessed as at the date of the breach.) – Measure of damage

C. Karsandas H. Thacker Co. Ltd. V. Saran Engineering (Damages awarded as compensation for any loss or damage arising naturally in the usual courses of things from the breach of contract)

D. Maula Bux v. Union of India (Where the Court is unable to assess the compensation, the sum named by the parties if it be regarded as a genuine pre-estimate may be taken into consideration as the measure of reasonable compensation, but not if the sum named is in the nature of penalty. Where loss in terms of money can be determined, the party claiming compensation must prove the loss suffered by him.)

Correct Answer: A, Remoteness of breach

13. A contract is not discharged by:

A. Breach

B. Frustration

C. Novation

D. Commercial hardship

Correct Answer: D

14. A Contracts to sing for B at a concert for Rs. 50,000, which are paid in advance. A is too ill to sing on the day of the concert. The consequence is:

A. A is bound to make compensation to B for the loss of the profits which B would have made if A had been able to sing.

B. A is bound to refund Rs. 50,000 paid in advance

C. A can be forced to sing at the concert

D. A is bound to refund only that money out of Rs. 50,000 that he has not spent

Correct Answer: B, S/65 also known as doctrine of restitution

15. Which of the following is not true?

A. Quasi contracts create obligations on non-contracting parties

B. Quasi contracts remedy instances of unjust enrichment

C. Quasi Contracts create legal substitutes of a contract

D. Quasi contracts are only related to minors

Correct Answer: D

16. A person who finds goods belonging to another, and takes them into his custody, is subject to the same responsibility as:

A. A bailor

B. An indemnitee

C. An agent

D. Bailee

Correct Answer: D

17. A contract induced by mistake of law is:

A. Void agreement

B. Voidable agreement

C. Valid contract

D. Unenforceable contract

Correct Answer: C, S/21-Effects of Mistakes as to law

18. What is excusable under Indian Contract Law?

A. A mistake in understanding of law

B. A mistake in knowledge of law

C. A mistake of foreign law

D. A mistake in Indian Law

Correct Answer: C

19. A holds out a pistol over his own head and threatens to shoot himself if a release deed is not signed by his wife in favour of his brother. A’s wife signs the release deed. The consent to the agreement is caused by:

A. Undue influence

B. Coercion

C. Fraud

D. Mistake

Correct Answer: B

20. A contract entailing future consideration is known as:

A. Executory contract

B. Futuristic contract

C. Perpetual contract

D. Prospective contract

Correct Answer: A, An executory contract is a contract made by two parties in which the terms are set to be fulfilled at a later date.

21. An action turns into a binding contract:

A. Upon fall of the hammer

B. Upon quotation of the highest bid

C. Upon actual signing of contract

D. Upon mentioning of reserve price

Correct Answer: C

22. An acceptance may be revoked at any time before the communication of its acceptance is complete

A. As against the proposer

B. As against the acceptor

C. as against the person revoking

D. None of the above

Correct Answer: B

23. Section 25 of Indian Contract Act relates to:

A. Present consideration

B. Past consideration

C. Future consideration

D. Absence of consideration

Correct Answer: D

24. Mohiri Bibee v. Dharmodas ghosh was finally decided by:

A. Privy council

B. House of Lords

C. Supreme Court of India

D. Calcutta High Court

Correct Answer: A

25. Which of the following is not a requirement of undue influence?

A. Relationship between the parties

B. Position of dominance on the will of one party by another

C. Abuse of such position of dominance

D. False statement by one of the parties

Correct Answer: D

26. Communication of proposal is complete:

A. When it is posted

B. When it comes to the knowledge of the propose

C. When it is accepted

D. When it is out of the control of the proposer

Correct Answer: B

27. Impossibility of performance of contract discharges:

A. Such obligations as the court may direct

B. future obligations, but spares the rights already acquired

C. all obligations under the contract

D. None of the above

Correct Answer: C, S/56- Agreement to do impossible act

28. The maxim lex non cogit ad impossibilia is related to:

A. Initial impossibility

B. Subsequent impossibility

C. Both A and B

D. None of the above

Correct Answer: C

29. Which of the following is not a ground of frustration?

A. Commercial hardship

B. Death of the party

C. Outbreak of war

D. Destruction of subject-matter

Correct Answer: A

30. Quantum meruit means:

A. voidable agreement

B. proportional earning

C. valid contract

D. wagering contract

Correct Answer: B

31. The law on the private defence in India:

A. is the same as in England

B. is narrower than the one in England

C. is wider than the one in England

D. none of the above

Correct Answer: C

32. Which of the following is not specified to be the common object of an assembly to make it unlawful, under section 141 of the IPC?

A. Overawing the Government or its officers

B. resistance to the legal process

C. forcible possession or dispossession of property

D. None of the above

Correct Answer: D

33. A person who accuses bodily injury to another who is labouring under a disorder, disease or bodily infirmity and thereby accelerates the death of that other, shall be deemed to have caused his death, by virtue of:

A. Explanation I to Section 299

B. Explanation I to Section 300

C. Explanation II to Section 299

D. Explanation III to Section 299

Correct Answer: A, Section 299 deals with culpable homicide

34. During the fight between ‘A’ and ‘B’, the two women, ‘A’ pulls ‘B’ by hair and removes some of her hair. ‘A’ is guilty of an offence of accusing:

A. Simple hurt

B. Grievous hurt

C. simple hurt by rash and negligent act

D. grievous hurt by rash and negligent act

Correct Answer: A, S/319

35. Assault or criminal force used in attempting to commit theft of property is punishable under:

A. Section 378 of the IPC – Theft

B. Section 379 of the IPC – Punishment for theft

C. Section 384 of the IPC – Punishment for extortion

D. Section 356 of the IPC

Correct Answer: D

36. ‘A’ takes a camera belonging to ‘B’ out of his possession and without his consent with the intention of keeping it until he gets a reward from ‘B’ for its restoration. ‘A’ is guilty of:

A. Criminal misappropriation

B. Extortion

C. Theft

D. Cheating

Correct Answer: C

37. ‘A’ inserts his hand into the pocket of ‘&’ only to find the pocket to be empty. ‘A’ is guilty of:

A. Theft

B. Attempt to commit theft

C. Mischief

D. No offence as the pocket was empty and offence was not completed

Correct Answer: B

38. The right granted under Section 100 of the IPC to the extent of causing death can be exercised against an assault which reasonably causes an apprehension that death will otherwise be the consequences of the assault. The above rule has been explained by the Supreme Court in which of the famous case:

A. Sunil Batra v. Delhi Administration

B. Brij Kishore v. State of UP

C. Amjad khan v. State

D. Ramaswamy v. State of Madras

Correct Answer: C

39. ‘A’ a self-styled expert in family planning, gave ‘B’ some chemical. After the consumption of the chemical the child in the womb of ‘B’ died in the womb. What offence has ‘A’ committed?

A. ‘A’ has committed the offence of murder

B. ‘A’ has committed the offence of culpable homicide not amounting to murder

C. ‘A’ has committed the offence of causing miscarriage

D. ‘A’ has committed no offence

Correct Answer: C

40. Removal of ornaments from body of one after causing his death is:

A. Robbery

B. Theft

C. Cheating

D. An offence under Section 404

Correct Answer: D, S/404. Dishonest misappropriation of property possessed by deceased person at the time of his death

41. In which of the following cases the Supreme Court held that “brutality is inbuilt in every murder but in case of every murder death sentence is not imposed”?

A. Prem Sagar v. Dharamvir

B. State of U.P. v. Lalit Tandon

C. Union of India v. Madhusudan Prasad

D. Regu Mahesh v. Rajendra Prasad

Correct Answer: A

42. When all the incriminating facts and circumstances are found to be incompatible with the innocence of the accused then:

A. the inference of guilt can be justified

B. the inference of guilt cannot be justified

C. benefit of doubt should be given

D. None of the above

Correct Answer: A

43. Section 34 of the Indian Penal Code, 1860

A. creates a substantive offence

B. is the rule of evidence

C. both A and B

D. Neither A nor B

Correct Answer: B

44. Essential Ingredients of a crime are:

A. Actus reus and mens rea

B. Actus reus, mens rea and motive

C. Motive, intention and knowledge

D. Knowledge, intention and action

Correct Answer: A

45. Under Exception 4 of Section 300 of IPC:

A. The offender should commit the first assault

B. The first assault should be from the deceased

C. The first assault may be by a third person

D. The first assault may be either by the offender or by the deceased

Correct Answer: D

46. In a conspiracy:

A. All persons must commit an offence

B. all persons must act simultaneously

C. knowledge of all conspirators is enough

D. an agreement or consort is necessary

Correct Answer: D

47. Against which of the following offences, does the right of private defence of property extend to voluntary causing of death?

A. Robbery

B. Criminal misappropriation

C. Theft

D. Criminal Trespass

Correct Answer: A, S/103. When the right of private defence of property extends to causing death

48. De minimis non curat lex means:

A. Nothing is an offence done by a child under 7 years of age

B. Trifling acts do not constitute an offence

C. Every person is liable for his own acts

D. Necessity knows no law

Correct Answer: B

49. A, a married man, commits consensual sexual intercourse with an unmarried woman, without the consent of his wife. A has committed :

A. Adultery

B. Rape

C. Bigamy

D. No offence

Correct Answer: D

50. Harvinder, who was entrusted by Suresh, with certain blocks for printing a catalogue, prints the catalogue of rival’s firm with the same blocks. Harvinder is guilty of:

A. Theft

B. Cheating

C. Criminal misappropriation

D. Criminal Breach of trust

Correct Answer: D, S/405. Criminal breach of trust

51. A, a Police officer, has a warrant of arrest for B. He asks C as to the identity of B. C knowingly tells A that P is B and subsequently A arrests P. C is guilty of:

A. abetment of aiding

B. abetment by instigation

C. abetment by false representation

D. abetment of mischief

Correct Answer: B, S/107. Abetment of a thing

52. In case of Section 497 of IPC (Adultery) the actus reus mainly relates to:

A. Time

B. Place

C. Person

D. Married woman

Correct Answer: D

53. A, a Manager of B, was sent to collect payment from B’s customers. A collects the payment but keeps with him. Which of the following options is correct?

A. A has committed criminal misappropriation

B. A has committed theft

C. A has committed criminal breach of trust

D. A has committed cheating

Correct Answer: C

54. Ravi was suffering from delusion. One night he considered his own son as a leopard and attacked him with an axe, thinking by mistake of fact that he was justified in killing the son whom he did not regard to be a human being but a dangerous animal. Ravi is guilty of:

A. No offence as he has defence of mistake of fact in good faith

B. Murder

C. No offence as he has the defence of insanity

D. Culpable homicide

Correct Answer: A, S/79. Act done by a person justified, or by mistake of fact believing himself justified, by law

55. Sexual intercourse by a man with his own wife is not rape, if the wife is above:

A. 14 years

B. 15 years

C. 16 years

D. 18 years

Correct Answer: B

56. Who amongst the following is not a positivist?

A. Vattel

B. Bynkershoek

C. Hegel

D. Zorn

Correct Answer: A

57. Which of the following sources find a place in Article 38(1) of the Statute of International Court of Justice?

A. International Declarations

B. Equity

C. Resolutions of General Assembly

D. Teachings of the highly qualified publicists

Correct Answer: D

58. Who was of the opinion that there was no real distinction between state law and international law, both systems bound individuals, although international law as a matter of technique did so only mediately and through the concept of the state?

A. Triepel

B. Anzilotti

C. Kelsen

D. Suarez

Correct Answer: C

59. Which of the following is not a purpose of the United Nations Organization?

A. To implement international law

B. To maintain international peace and security

C. To develop friendly relations among nations

D. To promote and encourage respect for human beings

Correct Answer: A

60. Who defined international law as “the body of rules and principles of action which are binding upon civilized states in their relations with one another”?

A. L. Oppenheim

B. Kelsen

C. J.L. Brierly

D. C.G. Fenwick

Correct Answer: C

61. Which of the following is not a principle under Article 2 of the United Nations Charter?

A. Principle of Sovereign Equality

B. Principle of resolving international disputes by peaceful means

C. Principle of refraining from the threat or use of force

D. Principle of permanent sovereignty over natural resources

Correct Answer: D

62. Who concluded that “international law is only positive international morality and not a true law”?

A. Hobbes

B. Austin

C. Pufendorf

D. Bentham

Correct Answer: C

63. When did the International Covenant on Economic, Social and Cultural Rights, and the International Covenant on Civil and Political Rights enter into force?

A. 1966

B. 1948

C. 1976

D. 1980

Correct Answer: C

64. In which of the following cases, the Supreme Court of India held that the Precautionary Principle and the Polluter pays principle are part of the customary international law and there is no difficulty in accepting them as part of the domestic law?

A. Jolly George Varghese V/s Bank of Cochin, AIR 1980 SC 470

B. Visakha v. State of Rajasthan, AIR 1997 SC 3011

C. Union of India v. Sukumar Sengupta, AIR 1990 SC 1692

D. Vellore Citizen’s Welfare Forum v. UOI (1996)5 SCC 647

Correct Answer: D

65. The Anglo-Norwegian Fisheries Case, 1951 is concerned with:

A. the adoption of straight baseline for measuring territorial waters

B. the right of innocent passage

C. the delimitation of continental shelves

D. the exploitation of seabed and subsoil of deep ocean

Correct Answer: A

66. In which of the following cases, the ICJ called for the application of equitable principles for the delimitation of continental shelves?

A. Lotus Case (France V. Turkey) PCIJ 1927

B. North Sea Continental Shelf cases, 1969

C. Anglo Norwegian Fisheries Case, 1951

D. Corfu Channel Case, 1949

Correct Answer: B

67. In which of the following cases, the General Principles of law recognized by civilized states were not applied?

A. Island of Palmas case, 1928

B. Advisory opinion of ICJ on the Effect of Awards of Compensation Made by the UN Administrative Tribunal, 1954

C. Asylum case, 1950

D. Temple of Preah Vihear Case, 1962

Correct Answer: C

68. Which of the following is an incorrect match?

A. Austin – The Province of Jurisprudence Determined

B. Fitzmaurice – Monism

C. Hans kelsen – Pure Theory of Law

D. Hugo Grotious – Mare Liberum

Correct Answer: B

69. The outer limit of continental shelf of a state cannot exceed:

A. 24 nautical miles from the baseline

B. 200 nautical miles from the baseline

C. 250 nautical miles from the baseline

D. 350 nautical miles from the baseline

Correct Answer: D

70. In which of the following zones, the coastal state shall give the landlocked states access to surplus of the allowable catch:

A. Contiguous zone

B. Exclusive Economic Zone

C. Territorial Sea

D. Both Contiguous zone and Exclusive Economic zone

Correct Answer: B

71. In which of the following cases, the ICJ made the observation that “the party which relies on a custom of this kind (regional or local custom) must prove that this custom is established in such a manner that it has become binding on the other party, that it is in accordance with a constant and uniform usage practiced by the states in question, and that this usage is the expression of a right appertaining to the state granting asylum and a duty incumbent on the territorial state.”

A. North Sea Continental Shelf Cases

B. Corfu Channel Case

C. Asylum Case

D. Anglo-Norwegian Fisheries Case

Correct Answer: C

72. According to UN Convention on Law of the Sea, 1982, the delimitation of the continental shelf between states with opposite or adjacent coasts shall be affected:

A. in order to achieve an equitable solution

B. in accordance with equitable principles

C. in order to get equal share

D. all of the above

Correct Answer: A

73. Which of the following is not a form of reparation for the injury under ILC Draft Code on responsibility of States for Wrongful Acts, 2001?

A. Restitution

B. Retaliation

C. Compensation

D. Satisfaction

Correct Answer: C

74. Opinio juris sive necessitates is an essential element in a:

A. Custom

B. treaty

C. general principles of law recognized by civilized nations

D. decisions of international tribunals and courts

Correct Answer: A

75. Who supported the theory of monism?

A. Triepel

B. Kelsen

C. Anzilotti

D. Hegel

Correct Answer: B

76. The power of the President of India to issue an ordinance is a/an:

A. Constituent Power

B. Executive power

C. Legislative power

D. Quasi-judicial power

Correct Answer: C, Article 123- Power of President to promulgate Ordinances during recess of Parliament

77. Finance Commission is a :

A. Statutory body

B. Autonomous body

C. Constitutional body

D. Administrative body

Correct Answer: C, Article 280

78. In India, Panchayati Raj was introduced for the first time in:

A. 1990

B. 1992

C. 1978

D. 1996

Correct Answer: B

79. How many states has the preamble of the Constitution of India been amended so far?

A. Once

B. Twice

C. Three times

D. Never

Correct Answer: A

80. In the impeachment of the President, the charge can be preferred by:

A. a resolution with fourteen days’ notice moved by one-fourth of the members of the House Present and voting

B. a resolution moved in the Rajya Sabha after at least 14 days’ notice passed by one-third members

C. a resolution moved in either House of parliament after at least fourteen days’ notice in writing signed by not less than 1/4th of the total membership of the house which is passed by a majority of total membership of the House.

D. a resolution passed in each House of the Parliament by a majority of total membership of that house and by a majority of not less than two-thirds of the members of that House Present and voting.

Correct Answer: C, Article 61

81. Which provision of the Constitution makes council of Ministers collectively responsible to the House of the People?

A. Article 74(1) (Council of Ministers to aid and advise President)

B. Article 75(2) (Other provisions as to Ministers – The Minister shall hold office during the pleasure of the President)

C. Article 75(3) (The Council of Ministers shall be collectively responsible to the House of the People)

D. Article 78(A) (to communicate to the President all decisions of the council of Ministers relating to the administration of the affairs of the union and proposals for legislation)

Correct Answer: C

82. Article 75 (1A) inserted by the Constitution (Ninety-first Amendment Act, 2003) provides that the total number of Ministers, including the Prime Minister, in the council of Ministers shall not exceed ___ percent of the total number of members of the House of People.

A. 10

B. 12.5

C. 15

D. 18

Correct Answer: C

83. The elections to the Vidhan Parishad are held by:

A. Direct elections

B. Indirect elections

C. The system of proportional representation

D. The system of proportional representation by means of single transferable vote

Correct Answer: D

84. The Directive Principles of State Policy as embodied in the Part IV of the Constitution of India were derived from the:

A. Constitution of USA

B. Constitution of Australia

C. Republic of Ireland

D. Constitution of Switzerland

Correct Answer: C

85. Who made the statement that “it is likely that free India may be federal India though in any event there would be a great deal of unitary control”?

A. Dr. Rajendra Prasad

B. Jawaharlal Nehru

C. Mahatma Gandhi

D. Dr. B.R. Ambedkar

Correct Answer: B

86. Which of the following statements is correct?

A. The American Doctrine of waiver of Fundamental rights is part of the Indian Constitution

B. No person can waive his fundamental rights under the Indian Constitution as they are sacrosanct and no individual can tinker with them.

C. A non-citizen can waive his fundamental rights

D. A citizen can waive his fundamental rights which are for his individual benefit

Correct Answer: B

87. Under the law, certain posts are reserved for the residents of a region of a state on the ground that it was a very backward area as compared to the other areas of the state. The reservation is:

A. valid as residential qualifications can be prescribed under Article 16(3)

B. invalid as it is violative of Article 16(1) and 16(2)

C. invalid as residential qualifications can be prescribed for the whole of the state and not part of a state under Article 16(3).

D. valid as under Article 16(4) reservation can be made for backward classes and people living in backward areas and are backward

Correct Answer: C

88. The Government of India Act, 1935 vested residuary power in the:

A. Governor General

B. British Parliament

C. Provincial Legislature

D. Federal Legislature

Correct Answer: A

89. Amendment of which of the following requires a majority of the total membership of each House of the Parliament, a majority of not less than two-thirds of the members present and voting in each House and ratification by half of the state legislatures:

A. fundamental rights guaranteed by Part Third of the Constitution

B. directive Principles of state policy

C. the representation of state in the Parliament

D. cession of Indian Territory in favour of foreign state

Correct Answer: C

90. ‘Catch-up rule’ evolved by the Supreme Court in Union of India v. Virpal Singh (1995) 6 SCC 684 was eliminated by which amendment of the Constitution?

A. 81st Amendment

B. 82nd Amendment

C. 85th Amendment

D. 93rd Amendment

Correct Answer: C

91. Which of the following Articles of The Constitution provides fundamental right even against private individuals?

A. Article 14

B. Article 17

C. Article 25

D. Article 19

Correct Answer: B

92. Which of the following cases relates to anti-strike verdict?

A. T.K. Rangarajan v. Government of Tamil Nadu, AIR 2003 SC 3032

B. People’s Union for Civil Liberties v. UOI (2003) 4 SCC 399

C. L. Chandra Kumar v. UOI, AIR 1997 SC 1125

D. Communist Party of India v. Bharat Kumar (1998) 1 SCC 201

Correct Answer: A

93. The concept of ‘Regulatory Measures and Compulsory Taxes’ has been adopted by Indian Judiciary from:

A. The Constitution of USA

B. The Constitution of Australia

C. The Republic of Ireland

D. The Constitution of Canada

Correct Answer: B

94. Under which of the following two provisions, the President has to act not on the advice of the Union Council of Ministers but on the advice of some other constitutional authorities?

A. Articles 356 and 72

B. Articles 356 and 103(1)

C. Articles 103(1) and 217(3)

D. Articles 217(3) and 356

Correct Answer: C, Article 103 – Decision on questions as to disqualifications of members, Article 217 – Appointment and conditions of the office of a Judge of a High Court

95. Appointment of Judges of the Supreme Court after consultation with the collegium is open to judicial review on the ground(s) of:

A. Ineligibility

B. Arbitrariness

C. Bias

D. All of these

Correct Answer: D

96. The maximum period for President Rule under Article 356 is:

A. 4 years

B. 5 years

C. 3 years

D. 6 years

Correct Answer: C

97. Autro Fois Acquit principle is related to:

A. Ex-post facto law

B. Retrospective operation

C. Double Jeopardy

D. Self-incrimination

Correct Answer: C

98. Employment of children below the age of 14 years in any factory, mine or any other hazardous work is violative of:

A. Right to freedom

B. Right against exploitation

C. Right to life and personal liberty

D. Right to equality

Correct Answer: B, Article 39

99. Under the constitution ‘Doctrine of Eclipse’ applies:

A. to the post-constitutional laws but only in respect of non-citizens

B. to all laws, pre-constitutional and post-constitutional

C. only to the pre-constitutional laws but only in respect of non-citizens

D. to the post-constitutional laws in respect of citizens only

Correct Answer: B

100. The President can declare financial emergency:

A. if there is a threat to the financial stability or credit of India

B. to meet the extraordinary expenses of conducting wars

C. on the recommendation of the Comptroller and Auditor general

D. if a majority of State Legislatures so recommend

Correct Answer: A, Article 360- Provisions as to financial emergency

101. A law restricting trade or commerce made by a state legislature:

A. does not require the president’s assent

B. requires the President’s assent

C. requires the Governor’s assent

D. requires neither the President’s assent nor the Governor’s assent

Correct Answer: B, Article 304. Restrictions on trade, commerce and intercourse among States

102. Right to work in India is a:

A. Fundamental Right

B. Statutory Right

C. Constitutional Right

D. Directive Principles of State Policy

Correct Answer: D, Article 41 Right to work, to education and to public assistance in certain cases

103. Under Which Article of the Constitution, the Prime Minister is duty bound to furnish information to the President?

A. Article 75 (Other provisions as to Ministers)

B. Article 77 (Conduct of business of the Government of India)

C. Article 78

D. Article 79  (Constitution of Parliament)

Correct Answer: C, Duties of Prime Minister as respects the furnishing of information to the President, etc

104. What is the Quorum laid down to constitute a meeting of either of the Houses of Parliament?

A. One-third of the total number members of the House

B. one-fourth of the total umber of members of that House

C. One-fifth of the total number if members of that House

D. One-tenth of the total number of members of that House

Correct Answer: D, Article 100 – Voting in Houses, power of Houses to act

notwithstanding vacancies and quorum

105. Which of the following is correct in a case where a no-confidence motion is passed against a Minister?

A. The concerned Minister has to resign

B. The Lok Sabha has to be dissolved

C. The concerned Minister and the Prime Minister have to resign, but Parliament shall not be dissolved

D. the whole of Council of Ministers has to resign.

Correct Answer: D

106. The principle of law formulated by the court for the purpose of deciding the point of law in a case is known as:

A. Ratio decidendi

B. Precedent

C. Obiter Dicta

D. All of these

Correct Answer: A

107. Which of the following is a formulation of the Historical School?

A. Law is found and not made

B. Law has a spontaneous nature of growth like language

C. Law is in a state of continuous change

D. All of the above

Correct Answer: D

108. Grundnorm is the basic hypothesis of:

A. Kelsen

B. Hart

C. Savigny

D. Maine

Correct Answer: A

109. Kelsen defined law as:

A. Command of the sovereign

B. normative order of human behaviour

C. product of reasoning

D. a set of rules

Correct Answer: B

110. To Hans Kelsen goes the credit of formulating:

A. Pure theory of law

B. Imperative theory of law

C. Functional approach to law

D. All of the above

Correct Answer: A

111. Hedonistic Calculus as a measure of pain and pleasure was given by:

A. Austin

B. Kelsen

C. Hart

D. Bentham

Correct Answer: D

112. Who said that ‘ownership is the entirety of the power of use and disposal allowed by law’?

A. Salmond

B. Pollock

C. Austin

D. Friedmann

Correct Answer: B

113. When a person holds someone else’s property continuously, without interruption for a certain duration required to set up title in himself, he is said to have acquired the title of land by:

A. Constructive Possession

B. Adverse Possession

C Mediate Possession

D. Corporeal Possession

Correct Answer: B

114. Who defined Right as an interest recognized and protected by law?

A. Ihering

B. Holmes

C. Pollock

D. Salmond

Correct Answer: D

115. Liability is the jural-corelative of:

A. Power

B. Disability

C. Immunity

D. Privilege

Correct Answer: A

116. Duty is the jural opposite of:

A. Right

B. Power

C. Immunity

D. Liberty

Correct Answer: D

117. Who made the formulation that “law is the instrument of social solidarity and cohesion?

A. Duguit

B. Savigny

C. Pound

D. Ihering

Correct Answer: A

118. Jurisprudence has been divided into general jurisprudence and particular jurisprudence by:

A. Salmond

B. Holland

C. Austin

D. Bentham

Correct Answer: C

119. “Jurisprudence should be divided into censorial and expository jurisprudence.” This view was given by:

A. Austin

B. Salmond

C. Bentham

D. Holland

Correct Answer: C

120. Rousseau conceived of the idea of Social Contract as:

A. Exercise of General Will of the people

B. Combination of rules

C. people bound by societal norms

D. Sovereignty of the law

Correct Answer: A

121. The term volkgeist means:

A. Spirit of the people

B. Rule of recognition

C. Anthropological approach to law

D. All of the above

Correct Answer: A

122. “The concept of Law” is a book written in criticism of Austin’s theory by:

A. Kelsen

B. Hart

C. Puchta

D. Henry Maine

Correct Answer: B

123. If a law is for long disregarded in practice then courts don’t give effect to it. Such state of disuse of norm is known as:

A. Themistes

B. Desuetudo

C. Nomodynamics

D. Static Norm

Correct Answer: B

124. Natural Law with a variable content was expounded by:

A. Grotious

B. Rudolph Stammler

C. RWM Bias

D. Descartes

Correct Answer: B

125. ‘Development as Freedom’ is the name of a book written by:

A. Amartya Sen

B. John Rawls

C. Clarence Morris

D. Jerome Hall

Correct Answer: A

126. In Bridges v. Hawkesworth, the finder was allowed to keep the goods on the ground that

A. the owner of the shop was not aware of the fact that items were in his shop

B. the owner of the shop was not traceabale

C. if given to the owner, it would amount to unjust enrichment

D. the items were found in an area where public is admitted and the finder was one among them

Correct Answer: D

127. In which of the following cases the court “pierced the veil” of the corporate personality?

A. Daimler Co. Case

B. Solomon V. Solomon

C. People Pleasure Park case – Corporation is a person in law

D. Smith, Stone and Knight’s Case (Implied agency existed between parent and subsidiary company)

Correct Answer: A

128. Who said “legislation has the same centre with morals but it has not same circumference”?

A. Salmond

B. Austin

C. Bentham

D. Kelsen

Correct Answer: C

129. Who has called Austinian Analytical School as “Imperative School of jurisprudence”?

A. Bentham

B. Austin

C. Hart

D. Allen

Correct Answer: D

130. Who said, “customs not only precede legislation, but are even superior to it”?

A. Henry Maine

B. Putcha

C. Savigny

D. Burke

Correct Answer: C

131. Which of the following is the incorrect match?

A. Immunity – Freedom from the power of another

B. Nemo dat quod non habet – Disability on the part of persons in general to transfer property that they do not themselves own

C. Disability – No right

D. Disability – Absence of power

Correct Answer: C

132. “The common law is customary law…..” The viewpoint was expressed by:

A. Salmond

B. Paton

C. Blackstone

D. Pollock

Correct Answer: D

133. Who said that a judge makes law in the sense in which “a man who chops a tree into a log has in a sense made the logs”?

A. Keeton

B. Dias

C. Salmond

D. Allen

Correct Answer: D

134. Where the judges decides the cases according to the law laid down in the code and not according to previous cases, it is known as:

A. Deductive Method

B. Organic Method

C. Functional Method

D. Inductive Method

Correct Answer: A

135. A born Christian girl brought up by a Hindu family married a Hindu boy a per Shastric Ceremonies. The marriage is:

A. invalid

B. valid

C. voidable at the option of the girl

D. voidable at the option of the boy

Correct Answer: A

136. Marriage, of Muslim male to his maternal uncle’s daughter is:

A. Valid

B. Void

C. Voidable

D. Irregular

Correct Answer: A

137. Marriage of a Hindu male to his wife’s daughter by a previous husband

A. Valid

B. Void

C. Voidable

D. Void unless protected by custom or usage

Correct Answer: D

138. Divorce by mutual consent in Muslim Law is called:

A. Hadith

B. Mutah

C. Khula or Mubarat

D. Batil

Correct Answer: C

139. Which of the following is not a ground for annulment of marriage under Section 12 of the Hindu Marriage Act, 1955?

A. Impotency

B. Cruelty

C. Consent to marriage obtained by force or fraud

D. Insanity at the time of marriage

Correct Answer: B

140. Which of the following is not a requirement of a valid Hindu Marriage?

A. performance of necessary ceremonies

B. Age of parties to the marriage

C. Consent of the parties to the marriage

D. Absence of degrees of prohibited relationship

Correct Answer: C

141. Which of the following is not available to a Muslim wife to seek dissolution of marriage?

A. Option of puberty

B. Impotency of husband

C. Cruelty of the husband

D. Husband has changed the religion

Correct Answer: D

142. A marriage between a Muslim man and a Christian woman can be validly solemnized under the:

A. Muslim law as well as under Christian Marriage Act, 1872 and also Special Marriage Act, 1954

B. Christian Marriage Act, 1872

C. Special Marriage Act, 1954 only

D. Muslim Law only

Correct Answer: A

143. ‘Khula’ under the Muslim Law refers to:

A. Divorce by mutual consent

B. divorce initiated by wife

C. a temporary marriage

D. waiting period before Muslim woman can re-marry

Correct Answer: B

144. Marriage of a Hindu male with the widow of his brother is:

A. Valid

B. Void

C. Voidable

D. Void unless protected by custom or usage

Correct Answer: D

145. As per Prohibition of Child Marriages Act, 2006, a child marriage is:

A. voidable at the option of either party to the marriage

B. voidable at the option of child party to the marriage

C. void and penal

D. valid but penal

Correct Answer: B

146. A male Hindu started a live-in relationship with a female Hindu and a son is born of this union. The son is:

A. illegitimate and can inherit only from his mother

B. legitimate and can inherit from both the parents

C. legitimate and can inherit from all his relations

D. legitimate, but can inherit only from his mother

Correct Answer: A

147. If one of the spouse without reasonable excuse refuses to live with the other, the later can seek a divorce of:

A. Divorce

B. Judicial Separation

C. Restitution of Conjugal rights

D. Annulment of marriage

Correct Answer: C

148. Which of the following enactments provide for dissolution of marriage only at the instance of wife?

A. Hindu Marriage Act, 1955

B. Special Marriage Act, 1954

C. Christian marriage Act, 1872

D. Dissolution of Muslim Marriages Act, 1939

Correct Answer: D

149. The 71st Report of Law Commission relates to:

A. Uniform Civil Code

B. irretrievable breakdown of marriage

C. Compulsory registration of marriage

D. Maintenance Under Section 125 of the Criminal Procedure Code.

Correct Answer: B

150. A and B petitioned for divorce by mutual consent under Section 13-B of the Hindu Marriage Act. A withdrew her consent after 6 months. Choose the correct legal position from the following

A. Court can grant divorce on the basis of first consent

B. Court cannot grant divorce under Section 13-B

C. A cannot withdraw the consent once given

D. Court can convert it into unilateral petition and grant divorce.

Correct Answer: B

151. Which of the following proposition(s) is/are correct?
i. Muslim husband has aright to have two wives
ii. The first wife has a right to withdraw from the conjugal society. Husband cannot claim restitution of conjugal rights.

A. i is correct and ii is incorrect

B. i and ii both are correct

C. i and ii both are incorrect

D. i is incorrect and ii is correct

Correct Answer: B

152. A Shia Muslim husband e-mails divorce letter containing triple talaq Divorce will be:

A. Valid

B. void

C. Voidable

D. All of these

Correct Answer: B

153. Which of the following is not a condition for valid marriage under Section 5 of the Hindu Marriage Act, 1955?

A. neither has a spouse living at the time of marriage

B. The bride shall be 18 years and the groom shall be 21 years

C. Both are Sagotras

D. Both are Sapindas

Correct Answer: D

154. The most approved form of divorce under Muslim law is:

A. Triple Talaq

B. Talaq Ahsan

C. Talaq Hasan

D. Talaq-e-Tafweej

Correct Answer: B

155. Which of the following theories is the outcome of a fundamental shift in the policy discernible from the judicial recognition of the view that the purpose of divorce law was not to punish the guilty but to protect the innocent spouse?

A. Fault theory

B. Consent theory

C. Breakdown theory

D. Both 2 and 3

Correct Answer: C

156. Match the following and select the correct answer from the codes given below:

List I List II
A. Marriage within Prohibited relationship i. Batil
B. Marriage in unlawful conjunction ii. voidable
D. Marriage with an impotent person iii. Void unless custom permits
E. Marriage within fosterage relationship iv. Fasid

Codes:

  1. A-iii B- iv C- ii D-i
  2. A-iii B-I C-ii D-iv
  3. A-ii B-iv C-iii D-i
  4. A-ii B-I C- iv D-iii

Correct Answer: A

157. Match the following and select the correct answer from the codes given below:

lList I List II
A. Registration of Marriage i. Section 26 of Hindu Marriage Act
B. Religious Ceremonies ii. Section 10 of Hindu Marriage Act
C. Custody of children iii. Section 8 of Hindu Marriage Act
D. Judicial Separation iv. Section 7 of Hindu Marriage Act

Codes

  1. A-iii B-iv C-ii D-i
  2. A-iii B-I C-ii D-iv
  3. A-iv B-iii C-i D-ii
  4. A-iii B-iv C-i D-ii

Correct Answer: D

158. Conversion of a Muslim wife to some other faith:

A. operates to dissolve her marriage

B. not by itself operates to dissolve her marriage

C. gives her husband a ground to seek dissolution of marriage

D. none of the above

Correct Answer: B

159. Which of the following grounds is available only to the wife for seeking divorce under the Hindu Marriage Act?

A. Adultery

B. Desertion

C. Change of religion

D. Option of puberty

Correct Answer: D

160. Renunciation of world and presumption of death are the grounds of divorce available in India under:

A. Hindu Law

B. Hindu and Muslim Law

C. Hindu Law and Christian Law

D. Hindu Law, Muslim Law and Special Marriage Act

Correct Answer: A

161. Which of the following torts is actionable per se without the proof of-damage to the plaintiff?

A. Nuisance

B. Malicious prosecution

C. Hindu Law and Christian law

D. Hindu law, Muslim law and Special Marriage Act

Correct Answer: C

162. The state of mind of a person committing tort is relevant in:

A. Trespass

B. negligence

C. Nuisance

D. No tortious action

Correct Answer: A

163. Who made the statement that “categories of negligence are never closed”?

A. Lord Wilberforce

B. Lord Reid

C. Lord Mcmillan

D. Lord Blackburn

Correct Answer: C

164. “Mistake” is a good defence in tort of:

A. negligence

B. Deceit

C. Battery

D. Malicious Prosecution

Correct Answer: D

165. A and B, unknown to D, sought to got a lift in D’s car, but on account of some mechanical deflect in the car, of which D was not aware, one of the front wheels of the car got detached and flew away and the car turned turtle. A and B suffered serious injuries and later A, died of his injuries. B and A’s next of kin sued D for damages for negligent driving. What offence does D have?

A. Volenti non fit injuria

B. Contributory negligence

C. Inevitable accident

D. No responsibility towards A and B, who got a free lift

Correct Answer: C

166. P, owner of a car, asked his friend Q to drive the car to Mumbai where he would join him. As the car was about 5 kilometers from Mumbai, it hit a pedestrian A, on account of Q’s negligent driving, and injured him seriously. A sues P for damages. Which of the following options is correct?

A. P is not liable

B. The liability is solely of Q, as P was not accompanying him

C. Since Q was driving P’s car under his authority, P is liable

D. P has the defence of inevitable accident.

Correct Answer: C

167. P telephones a gas company to checkup some leakage in his gas pipeline. The gas company sends two of his employees, A and B for the purpose. B lights a match stick to detect the leakage, but it causes an explosion resulting in considerable damage to the house. P sues A and B. A pleads that he is not guilty as he did not light the match stick. Which of the following is correct?

A. A is not liable

B. The gas company alone is liable

C. A is equally liable as he is a joint tort-feasor

D. B alone can be made liable

Correct Answer: C

168. “In the modern sense, the distinction between sovereign or non-sovereign power does not exist. “In which case this statement was made in relation to ‘Vicarious liability of State’?

A. Shyam Sunder v. State of Rajasthan, AIR 1974 SC 890

B. Amrik Singh v. UOI, (1973) ACJ 105

C. State of Gujrat v. Memon Mohd., AIR 1967 SC 1885

D. Nagendra Rao & Co. v. State of A.P. (1994) SCC 205

Correct Answer: D

169. After flood, floor of a factory became slippery as some oily substance got mixed with water. The owners of the factory (defendants) took steps to get rid of the effects of flood and spread all the sawdust available with them on floor. But some oily patches remained uncovered due to lack of further supply of sawdust. A, a worker in the factory (plaintiff), slipped from one of such oily patches. He sues the defendants for damages. Which of the following is correct?

A. Defendants are not guilty of negligence

B. Defendants are negligent as they should have closed down the factory until risk disappeared

C. Plaintiff is guilty of contributory negligence

D. Defendants have defence of volenti non fit injuria

Correct Answer: A

170. “The right of the public in a highway is merely the right to pass and repass and that so long as that right was not interfered with, they cannot complain of what was in the air above or on the earth beneath.” In which of the following cases, the above observation was made?

A. Noble v. Harrison, (1926) 2KB 332

B. Caminer v. Northern and London Investment Trust Ltd., (1951) AC 88

C. Salsbury v. Woodland, (1969) 3 All ER 863

D. Pickard v. Smith, (1861) 10 CBNS 470

Correct Answer: A

171. In which of the following cases, it is actionable defamation?

A. A addresses a defamatory letter to P, but it falls in the hands of her neighbour X who reads it.

B. A dictates a defamatory letter about P to his stenographer

C. A addresses a defamatory letter to P. P’s father reads it.

D. In all the above cases

Correct Answer: B

172. ‘Causa Causons’ means:

A. The defendant’s act is the real, effective and dominant cause of injury to the plaintiff.

B. The defendant’s act is antecedent or passive cause of injury to plaintiff.

C. Injury to the plaintiff is due to his own wrongful act.

D. Injury to the plaintiff is because of act of third party

Correct Answer: A

173. A threw a lighted squib into a market place. It fell on the ginger bread stall of B. B at once picked it up and threw it to another part of the market. It fell on the stall of C. C also picked it up and threw it across the market place. It burst there and caused injury to the plaintiff,

A. A is liable for injury to the plaintiff

B. B is liable for injury to the plaintiff

C. C is liable for injury to the plaintiff

D. A,B and C are all liable as joint tort-feasors

Correct Answer: A

174. Law of torts has developed mainly through:

A. Enactments

B. judicial decisions

C. Customs and Precedents

D. All of these

Correct Answer: B

175. When two persons coming from opposite directions in their cars collide with each other and in that process, they injure seriously a person standing on the roadside, the two motorists are:

A. Participants in contributory negligence

B. independent tort-feasors

C. joint tort-feasors

D. two negligent persons

Correct Answer: C

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