Solved Paper of DU LLM Entrance Exam, 2012 with Explanation

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1. Which of the following is the largest committee of Parliament?

A. Joint Parliamentary Committee

B. Public Accounts Committee

C. Committee on Public undertakings

D. Estimate Committee

Correct Answer: D, consisting of 30 members who are elected by the Lok Sabha every year from amongst its members

2. From the Constitution of which of the foreign country, the idea of Preamble was borrowed in Indian Constitution?

A. Canada

B. United States of America

C. Britain

D. France

Correct Answer: B

3. Under which Article of the Constitution untouchability is abolished and its practice is made punishable?

A. Article 18 (Abolition of titles)

B. Article 17

C. Article 16 (Equality of opportunity in matters of public employment)

D. Article 15 (Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth)

Correct Answer: B

4. In case of armed forces, the fundamental rights granted under Articles 14 and 19 of the Constitution are –

A. Available only according to law made by Parliament

B. Available to them in the same way as they are available to other citizens

C. Available only at the discretion of President depending upon the circumstances

D. Not available to them

Correct Answer: A, 33. Power of Parliament to modify the rights conferred by this Part in their application etc.

5. On which of the following grounds, the right to freedom of religion cannot be restricted?

A. Morality

B. Public Order

C. Health

D. Security of State

Correct Answer: D

6. In which of the following circumstances, preventive detention can be enforced as per Article 22 of the Constitution?

A. During civil riots

B. During communal violence

C. During emergency

D. During normal times

Correct Answer: D

7. Under which jurisdiction, the Supreme Court hears dispute between the Government of India and one or more states?

A. Advisory jurisdiction

B. Appellate jurisdiction

C. Extra-ordinary jurisdiction

D. Original jurisdiction

Correct Answer: D

8. Which of the fundamental rights cannot be suspended during the proclamation of national emergency?

A. Article 19 cannot be suspended

B. Articles 20 and 21 cannot be suspended

C. Article 32 cannot be suspended

D. All fundamental rights can be suspended temporarily

Correct Answer: B

9. What is the nature of a legislation enacted by State legislature?

A. Delegated

B. Subordinate

C. Supreme

D. Autonomous

Correct Answer: C

10. The protection of Article 20(3) is not available to –

A. Confession of guilt made to a friend who visits the accused who is in police custody

B. Confession made through intelligible gestures under compulsion

C. Confession made through the production of document or thing under compulsion.

D. Confession of guilt made in police custody by words

Correct Answer: A

11. Who administers the oath to the President of india?

A. Outgoing President

B. Speaker of the Lok Sabha

C. Vice-President of India

D. Chief Justice of India

Correct Answer: D

12. Under which Article of the Constitution, the Parliament has the power to make law for giving effect to international agreements?

A. Article 248 (Residuary powers of legislation)

B. Article 253

C. Article 250 (Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation)

D. Article 254 (Inconsistency between laws made by Parliament and laws made by the Legislatures of States)

Correct Answer: B

13. Which of the following is not a “Money Bill”?

A. A bill containing only provision dealing with the imposition, abolition, remission, alteration or regulation of any tax.

B. A Bill providing for the imposition of fines or other pecuniary penalties

C. A bill containing only provision dealing with the custody of the Consolidated Fund on the Contingency Fund of India

D. A Bill containing only provision dealing with the appropriation of moneys out of the Consolidated Fund of India

Correct Answer: B, Article 110- Definition of Money Bill

14. Which Article of the Constitution makes common law of England applicable in India?

A. Article 368

B. Article 372 A

C. Article 372

D. Article 360 (Financial Emergency)

Correct Answer: C, Continuance in force of existing laws and their adaptation

15. While a proclamation of emergency is in operation, the duration of Parliament may be extended beyond five years by Parliament for a period not exceeding:

A. Six months at a time

B. Nine months at a time

C. One year at a time

D. Two years at a time

Correct Answer: C, Article 83. Duration of Houses of Parliament.

16. Write the correct order of the words as used in the preamble of the constitution:

A. SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC

B. SOVEREIGN SECULAR SOCILAIST DEMOCRATIC REPUBLIC

C. SOCIALIST SOVEREIGN SECULAR DEMOCRATIC REPUBLIC

D. SOCIALIST SECULAR SOVEREIGN DEMOCRATIC REPUBLIC

Correct Answer: A

17. Which of the following statements is incorrect?

A. There shall be a Governor for each state

B. There can be a Governor for two or more states

C. The same person can be the Governor of two or more states

D. The Governor shall hold office during the pleasure of the President.

Correct Answer: B, Article 153. Governors of States

18. Whom shall the reports of the Comptroller and Auditor-general of India relating to the accounts of the Union shall be submitted?

A. President of India

B. Prime Minister of India

C. Lok Sabha

D. Rajya Sabha

Correct Answer: A, Article 151 – Audit Reports

19. The Comptroller and Auditor- General of India relating to the office in the like manner and on the like grounds as a –

A. Judge of High Court

B. Judge of Supreme Court

C. President of India

D. Chief Election Commissioner

Correct Answer: B, Article 148 – Comptroller and Auditor-General of India

20. Which Article confers advisory or consultative jurisdiction on Supreme Court?

A. Article 131 (Original jurisdiction of the Supreme Court)

B. Article 140 (Ancillary powers of Supreme Court)

C. Article 142 (Enforcement of decrees and orders of Supreme Court and unless as to discovery, etc )

D. Article 143 (Advisory Jurisdiction)

Correct Answer: D

21. Which one of the following is not an essential condition for the appointment of a Judge of Supreme Court in India?

A. A citizen of India, who has been for at least 5 years a judge of High Court

B. A citizen of India, who has been for at least 2 years a Chief Justice of High Court

C. A citizen of India, who has been at least 10 years an advocate of High Court

D. A citizen of India, who is in the opinion of the President, a distinguish jurist

Correct Answer: B

22. Which one of the following is correct for the appointment of Attorney-general of India as per Article 76 of the Constitution?

A. A citizen of India, who has been at least 15 years an advocate of Supreme Court

B. A citizen of India, who is qualified to be appointed as a Judge of the High Court

C. A citizen of India, who has been for at least 7 years an advocate of High Court or Supreme Court

D. A citizen of India, who is qualified to be appointed as a Judge of the Supreme Court

Correct Answer: D

23. Who will inquire into and decide doubts and disputes arising out of or in connection with the election of a President or Vice-President?

A. Supreme Court

B. Parliament

C. Election Commission

D. Any High Court

Correct Answer: A, Article 71 – Matters relating to, or connected with, the election of a president or Vice President

24. Which of the following is incorrect?

A. The vice-President of India shall be ex officio Chairman of the Council of States.

B. The Vice-President of India shall not hold any other office of profit

C. When the Vice-President acts as President or discharge the function

D. The Vice-President of India shall continue to receive any salary or allowance payable to the Chairman of Council of states even when he acts as President or discharge the functions of the President

Correct Answer: D

25. Which of the following is incorrect for fundamental duties as laid down in Article 51 A?

A. Fundamental duties are self-executing

B. Fundamental duties are not self-executing

C. The State must make laws for the implementation of fundamental duties.

D. Mandamus cannot be sought against an individual who does not observe his fundamental duties

Correct Answer: A

26. In which of the following cases, the Supreme Court described Indian Constitution as “not truly Federal”?

A. The State of West Bengal v. UOI

B. State of Bihar v. Shailbala Devi (Freedom of Speech & Expression)

C. Kameshwar Singh v. State of Bihar (Freedom of Speech & Expression of Government Employees)

D. O.K. Gose v. E.X. Joseph (Freedom of Speech & Expression of Government Employees)

Correct Answer: A

27. Judicial Review in Indian Constitution is based on-

A. Precedents

B. Due Process of Law

C. Rule of Law

D. Procedure established by law

Correct Answer: D

28. A law made by Parliament having extraterritorial operation shall –

A. be deemed invalid

B. not be deemed invalid

C. be deemed unconstitutional

D. be deemed ultra vires

Correct Answer: B, Article 245 – Extent of laws made by Parliament and by the Legislatures of States.

29. Which of the following rights was declared by B.R. Ambedkar as the “heart and soul of the Constitution”?

A. Right to constitutional remedies

B. Right of freedom and speech

C. Right to life and liberty

D. Right to religion

Correct Answer: A

30. Writ which can be issued only against the judicial or quasi-judicial authorities is known as-

A. Quo Warranto

B. Mandamus

C. Prohibition

D. Certiorari

Correct Answer: D

31. A law abridging fundamental rights is not a nullity. It only remains inoperative till the shadow of fundamental rights falls over it. This doctrine is known as-

A. Doctrine of pith and substance (used to determine under which head of power a given piece of legislation falls)

B. Doctrine of Eclipse

C. Doctrine of Severability (if some particular provision of a statute offends or is against a constitutional limitation, but that provision is severable from the rest of the statute, only that offending provision will be declared void by the Court and not the entire statute)

D. Doctrine of Pleasure (Article 310- Tenure of office of persons serving the Union or a State)

Correct Answer: B

32. How many members can be nominated by president of India?

A. 10 member to Lok Sabha

B. 10 members to Rajya Sabha

C. 12 members to Rajya Sabha

D. 1/4th of the members to Rajya Sabha

Correct Answer: C

33. Whom does the UPSC submit its annual report on its work to?

A. President of India

B. Parliament

C. Council of Ministers

D. Union Home Minister

Correct Answer: A

34. The Pure Theory of Law is:

A. a theory of positive law in general

B. A rule of interpretation of specific legal norms

C. A combination of the science and philosophy of law

D. All of the above

Correct Answer: A

35. According to Prof. Rawls, the first priority rule is the:

A. Priority of liberty

B. Priority of welfare

C. Priority of justice

D. Priority of efficiency

Correct Answer: A

36. The theory of social engineering was propounded by:

A. Rudolf Stammler

B. Ihering

C. Ronald Dworkin

D. None of the above

Correct Answer: D, Roscoe Pound

37. According to Prof. HLA Hart, the primary rules of obligation must be supplemented with these three secondary rules

A. Rules of recognition, change and adjudication

B. Rules of liberty, welfare and recognition

C. Rules of equality, liberty and recognition

D. None of the above

Correct Answer: A

38. In the Hohfeldian scheme of things, the jural opposite of duty is:

A. Privilege

B. Power

C. Right

D. Liability

Correct Answer: A

39. The basic hypothesis given by kelsen is:

A. Volkgiest

B. Grundnorm

C. Hedonistic Calculus

D. Rule of Recognition

Correct Answer: B

40. A distinction between static and progressive societies are drawn by:

A. Pound

B. Hart

C. Savigny

D. Maine

Correct Answer: D

41. The idea of social contract was conceived of by Rosseau as being:

A. Contracts as per the law

B. Sovereignty of the law

C. Law being a combination of rules

D. Exercise of general will of the people

Correct Answer: D

42. Hart was critical of Austin’s theory. The book written by him which highlights the shortcomings of Austin’s theory has been titled:

A. Law and Sovereignty

B. the Concept of Law

C. Law and legitimacy

D. positive Law defined

Correct Answer: B

43. When among the following was an exponent of natural law with a variable content?

A. Stammler

B. Jerome Hall

C. Clarence Morris

D. John Rawls

Correct Answer: A

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

A. law is like language and has a spontaneous nature of growth

B. Law has a national character

C. Law is found not made

D. All of the above

Correct Answer: D

45. Austin defined the positive mark of sovereignty as:

A. Command of the sovereign

B. The society follows positive law

C. The generality of society must be in the habit of obedience to a common and determinate superior

D. A determinate or common superior must not be habitually obedient to determine person or body

Correct Answer: C

46. Which historical jurist is known as social Darwinist for his comparative research on revolution and development of law and legal systems?

A. Savigny

B. Puchta

C. Maine

D. Friedmann

Correct Answer: C

47. Who said “Law may be defined as an assemblage of signs, declarative of a violation conceived or adopted by the sovereign in a state”?

A. Salmond

B. Savigny

C. Paton

D. Bentham

Correct Answer: D

48. The Obiter in a case has the following significance for future decision:

A. Decisive value

B. Persuasive value

C. Academic value

D. No value at all

Correct Answer: B

49. The terms Culplata and Culpalevis mean:

A. Gross negligence and slight negligence

B. Culpable and non culpable

C. Cognizable and non cognizable

D. Civil liability and criminal liability

Correct Answer: A

50. Negligence is not a particular state of mind but is a particular kind of conduct. This is known as –

A. Subjective theory of negligence

B. objective theory of negligence

C. Inadvertent negligence

D. None of the above

Correct Answer: B

51. Corpus possessionis and animus possidendi signify

A. The physical and mental aspects of possession

B. Mediate and immediate possession

C. Possession-in-fact and possession-in-law

D. Constructive possession and acquired possession

Correct Answer: A

52. If a norm is for long disregarded in practice then courts no longer follow it in deciding cases. Such a state of disuse of norm is known as:

A. Effective repeal

B. Static nature

C. Desuetude

D. Nomodynamics

Correct Answer: C

53. The term Grundnorm means:

A. Popular will

B. General consciousness

C. Basic Norm

D. Dynamics of a norm

Correct Answer: C

54. The province of Jurisprudence Determined is a classic work on Jurisprudence by:

A. John Austin

B. HLA Hart

C. Hans Kelsen

D. Hugo Grotious

Correct Answer: A

55. ‘Nature of Judicial Process’ is a famous work of a judge of the US Supreme Court who viewed law on its sociological perspective. The name of that Judge is:

A. Benjamin Cardozo

B. Ronald Dworkin

C. Oliver Wendall Holmes

D. P.J. Fitzgerald

Correct Answer: A

56. “Ownership is a right indefinite in point of user, unrestricted in point of disposition and unlimited in point of duration.” The above definition of the term ownership was given by:

A. Salmond

B. Holland

C. Austin

D. Keeton

Correct Answer: A

57. As per Indian law the time period required to acquire title by adverse possession is:

A. 14 years

B. 12 years

C. 15 years

D. 13 years

Correct Answer: B

58. Which of the following are not jural correlatives?

A. Power and immunity

B. Right and duty

C. Power and liability

D. Immunity and disability

Correct Answer: A, Power-Liability

59. Who was of the opinion that right was a capacity of a person of controlling the actions of others with the assent and assistance of the state?

A. Kant

B. Holland

C. Maine

D. Karl Marx

Correct Answer: B

60. Who propounded the theory of social contract?

A. Pound

B. Maine

C. Rousseau

D. Kant

Correct Answer: C

61. Which of the following is a correct match?

A. Arvid Pardo Common heritage of Mankind
B. Hugo Grotious Mare Clausum
C. Hans Kelsen The Province of Jurisprudence Dtermined
D. Fitzmaurice Monism

Correct Answer: A

62. The Agreement relating to the Implementation of _____ of the U.K. Convention on the Law of the Sea of 1982 was adopted in 1994.

A. Part XII

B. Part X

C. Part VIII

D. Part XI

Correct Answer: D

63. In which of the following cases, prescriptions was applied as a general principle of law recognized any civilized nations?

A. Chorzow Factory Case, 1927 (Claim for indemnity)

B. Island of Palmas case, 1928

C. Eastern Carelia case, 1923 (Eastern Carelia principle, which is orthodoxly understood as meaning that state consent is a precondition for the exercise of the advisory jurisdiction in bilateral disputes)

D. Corfu Channel case

Correct Answer: B

64. In which of the following cases/Advisory Opinions, it was stated that General Assembly resolutions even if not binding, may have normative value. Contents and conditions of their adoption are important.

A. Advisory Opinion

B. South West Africa voting procedure case, 1955

C. Advisory Opinion on Legality of the Threat or Use of Nuclear Weapons

D. Western Sahara case

Correct Answer: C

65. Which of the following is an incorrect match?

A. Triepel Dualism
B. Vattel Positivist
C. Hugo Grotious Naturalist
D. Kelsen Monism

Correct Answer: B

66. Which of the following is not a form of reparation for the injury caused by internationally wrongful act in the ILC Draft Code on Responsibility of States for Internationally Wrongful Acts of 2001?

A. Restitution

B. Servitude

C. Compensation

D. Satisfaction

Correct Answer: B

67. Who made the statement 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. Triepel

B. Hegel

C. Bentham

D. Anzilotti

Correct Answer: A

68. Which of the following is not covered in the category of the classification made by Austin?

A. International Law

B. Divine Law

C. Positive Law

D. Positive Morality

Correct Answer: A

69. What is Blackstonian doctrine?

A. Customary international law is part of common law.

B. Customary international law is a part of civil law

C. Customary international law becomes part of the law of land with qualification and exceptions

D. Since international law and municipal laws are different, customary international law can never become part of the law of the land, unless specifically adopted into the municipal legal system.

Correct Answer: A

70. According to Article 38(2) of Statute of International Court of Justice, the ICJ may decide a case:

A. in accordance with a treaty

B. in accordance with a custom, if there is no treaty dealing with the issue in question

C. in accordance with judicial precedent

D. ex aequo et bono

Correct Answer: D, from equity and conscience

71. Which of the following is incorrect?
According to U.N. Convention on Law of the Sea, the Contiguous Zone is established to exercise the control necessary to prevent and punish infringement of coastal state’s relating to

A. Immigration

B. Security

C. Sanitation

D. Fiscal

Correct Answer: B

72. In which of the following cases, the International Court of Justice recognized the right of innocent passage?

A. North Sea Continental Shelf Cases, 1969

B. Corfu Channel Case, 1949

C. Anglo-Norwegian Fisheries Case, 1951

D. Libya Arab Jamahiriya v. Malta, 1985

Correct Answer: B

73. Which of the following exploit mining site of the seabed?

A. Enterprise

B. Assembly

C. Council

D. Secretariat

Correct Answer: A

74. Which of the following statements is correct about “Equidistance-Special circumstances” rule of Geneva Convention on Continental Shelf, 1958?

A. It is customary law

B. It is not a customary law

C. Although it is not a customary law, the States delimit their continental shelves in accordance with this rule only.

D. It is also repeated in the U.N. Convention on Law of the Sea, 1982

Correct Answer: B

75. The outer limit of the continental shelf shall not exceed in any case beyond:

A. 500 nautical miles

B. 350 nautical miles

C. 200 nautical miles or 100 nautical miles from 2500 meter isobaths

D. 350 nautical miles or 100 nautical miles from 2500 meter isobaths

Correct Answer: D

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

A. Incorporation rule

B. Blackstonian doctrine

C. Rule of exhaustion of local remedies

D. Calvo Clause

Correct Answer: D

77. Which of the following statements is correct about the European Commission of Human Rights?

A. It has been abolished

B. Its role has been restricted

C. It is fact-finding and investigating agency under the European Convention on Human Rights.

D. It enables the individuals to file their cases before the European Court of Human Rights, if it finds that their human rights have been violated by their governments

Correct Answer: A

78. The Lotus Case was decided primarily on the basis of:

A. Customary Law

B. General Principles of Law recognized by Civilized Nations

C. Equity

D. Judicial Precedents

Correct Answer: A

79. Which of the following is not related to the relationship between international law and municipal law?

A. Enabling Rule

B. Transformation Rule

C. Delegation Theory

D. Specific Adoption Theory

Correct Answer: A

80. In Union of India v. Sukumar Sengupta, AIR 1990 SC 1692, the Supreme Court stated that Agreements of 1974 and 1982 between India and Bangladesh concerning Teen Bigha:

A. required an enabling Act of Parliament for their implementations

B. did not require a legislative action

C. required constitutional amendment for their implementation

D. could not be implemented as it amounted to cession of Indian territory in favour of Bangladesh

Correct Answer: B

81. Who propounded the absolute liability theory as the basis for liability in tort for industrial injuries?

A. Blackburn, J.

B. V.R. Krishna Iyer, J.

C. Lord Atkin

D. P.N. Bhagwati, C.J.

Correct Answer: D

82. The word “nuisance” is derived from:

A. Latin word “nouise”

B. Greek word “neazie”

C. Roman Word “naisan”

D. French word “nuire”

Correct Answer: D

83. Mistake is a good defence for the tort of:

A. Nuisance

B. Battery

C. Negligence

D. Malicious prosecution

Correct Answer: D

84. While D was on a drive in his two horse carriage, a dog barked and pounced on the horses, thereby the horse got scared and became unmanageable and injured P, a pedestrian. P sued D. What defence is available to P?

A. Contributory negligence

B. Inevitable accident

C. vis major

D. No defence is available as D was negligent

Correct Answer: B

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

A. D addresses a defamatory letter to P, but it falls in the hands of her neighbor Z, who reads it.

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

C. A defamatory letter addressed to P is read by her servant.

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

Correct Answer: B

86. In an action for defamation, in which of the following cases, the defence of absolute privilege is not available?

A. Statement made on a privileged occasion in the discharge of official duty, which is a report of parliamentary proceedings.

B. Statement made by a member of Lok Sabha in the Prliament.

C. Statement made by a witness in the course of judicial proceedings

D. In all above cases defence of absolute privilege is available

Correct Answer: A

87. In which of the following cases, Lord Wilberforce opined that “It is necessary to consider three elements inherent in any claim for nervous shock: the class of persons whose claim should be recognized, the proximity of such persons to the incident and the means adopted by which shock is caused”?

A. McLoughlin v. O’ Brien (1983) 1 AC 410

B. Hambrook v. Stokes Brothers (1925) 1 KB 141

C. Alcock v. Chief Constable of South Yorkshire Police (1991) 4 All ER 907

D. Page v. Smith (1995) 2 All ER 736

Correct Answer: A

88. Which of the following statements is incorrect?

A. Nervous shock is nothing but a kind of physical injury

B. Nervous shock must have been due to fear of immediate personal injury to oneself.

C. Nervous shock by seeing danger to the property is not actionable.

D. All of the above statements are correct

Correct Answer: B

89. What does maxim Novus actus interveniens mean?

A. The defendants wrongful act is real and effective cause of injury to the plaintiff.

B. Injury to the plaintiff happens because of act of third party between the wrongful act of the defendant and injury to the plaintiff

C. Injury to the plaintiff happens because of his own wrongful act.

D. Injury to the plaintiff happens because of inevitable accident

Correct Answer: B

90. In which of the following cases the court stated that in modern sense the distinction between sovereign and non-sovereign powers does not exist?

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

B. Chairman, Railway Board v. Chandrima Das (2000) 2 SCC 465

C. N. Nagendra Rao and Co. v. State of A.P. (1994) 6 SCC 205

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

Correct Answer: C

91. Who is the proponent of “pigeon-hole” theory?

A. Salmond

B. Pollock

C. Winfield

D. McMillan

Correct Answer: A

92. Which of the following statements is incorrect?

A. Under English criminal law slander has not been recognized as a criminal offence

B. In England under law of torts, both slander and libel are actionable per se, i.e., without the proof of any damage

C. In India under law of torts, both slander and libel are actionable per se i.e., without the proof of any damage.

D. Under Indian Criminal law, both libel and slander are recognized as criminal offences

Correct Answer: B

93. For the purpose of “the science’r rule’, animals manusuetae naturae means:

A. Animals harmless by nature

B. Animals dangerous by nature

C. Wild animals

D. Endangered animals

Correct Answer: A

94. Who propounded the objective theory of negligence?

A. Winfield

B. Salmond

C. Atkin

D. Pollock

Correct Answer: D

95. Which of the following cases is an authority on “rescue cases” – an exception to maxim volenti non fit injuria?

A. Haynes v. Harwood (1935) 1 KB 146

B. Dann v. Hamilton (1939) 1 KB 509

C. Smith v. Baker (1891) AC 325

D. Baker v. Hopkins and Son (1959) 1 WLR 966

Correct Answer: A

96. Which of the following is breach of absolute right, actionable per se?

A. Nuisance

B. Negligence

C. Trespass

D. None of the above

Correct Answer: C

97. P, while travelling as a passenger was injured on account of negligence on the railways. An action lies:

A. Only for breach of contract of sage carrier

B. Only for the tort of negligence

C. For both, i.e. breach of contract and commission of tort

D. P must exercise an option to sue either in tort or for breach of contract.

Correct Answer: D

98. What does the maxim “de minimis non curat lex” mean?

A. Law takes into account every matter

B. Law does not take notice of trifles

C. Law notices only important points

D. Law takes into account common sense

Correct Answer: B

99. The term “Tort” has been derived from ‘tortum’, which mean?

A. Broken

B. Twisted

C. Wrong

D. Right

Correct Answer: B

100. In tort, there is a claim for:

A. Unliquidated damages

B. Judicial reference

C. Liquidated damages

D. Rights and duties

Correct Answer: A

101. A covenant not to sue one of the joint tort feasors, has the effect of:

A. Releasing all the tortfeasors

B. Releasing only that joint tortfeasor and not others

C. Not releasing even the joint tortfeasors to whom the covenant relates

D. Such a covenant is invalid and cannot be enforced

Correct Answer: B

102. Mental Condition of the wrong-doer at the time of wrong doing is:

A. relevant in torts based on fault

B. relevant in all torts

C. relevant in torts based on strict liability

D. Not relevant in tortuous liability

Correct Answer: A

103. Which of the following enactments provides for grounds of divorce available to wife only?

A. Dissolution of Muslim Marriages Act 1939

B. Hindu Marriage Act 1955

C. Special Marriage Act 1954

D. None of the above

Correct Answer: A

104. In which one of the following cases the Delhi High Court held that pronouncement of talaq three times at a time by a Muslim husband results in single talaq?

A. Danial Latif case

B. Masroor Ahmed case

C. Shamim Ara case

D. Noor Saba Khatoon case

Correct Answer: B

105. The Muslim Women (Protection of Rights on Divorce) Act, 1986 deals with:

A. Maintenance rights of divorced Muslim women

B. Maintenance rights of Muslim women who have been divorced by their husband by pronouncement of talaq.

C. Maintenance of rights of Muslim women who have sought divorce from their husbands.

D. Rights of Muslim women to seek divorce

Correct Answer: A

106. A Sunni Muslim husband marries his wife’s sister. The marriage is:

A. Void

B. Valid

C. voidable

D. irregular

Correct Answer: D

107. Which one of the following is not a ground of divorce, provided by Dissolution of Muslim Marriages Act, 1939?

A. whereabout of husband not known for a period of four years.

B. Failure of husband to provide maintenance for 2 years.

C. Imprisonment of husband for a period of 7 years.

D. Conversion of husband to some other faith

Correct Answer: D

108. Which one of the following is not a form of divorce in Muslim Law?

A. Fasid

B. Ila

C. Zihar

D. Lian

Correct Answer: A

109. The Iddat period of a divorced Muslim women who was pregnant at the time of her divorce is:

A. three menstrual courses after the date of divorce

B. three lunar months after her divorce

C. period between the divorce and the delivery of her child or the termination of her pregnancy, whichever is earlier.

D. period between the divorce and the delivery and the delivery of her child or the termination of her pregnancy, whichever is later.

Correct Answer: C

110. Which one of the following grounds is not available to Hindu and Muslim wives (both to claim divorce)?

A. Husband renounced the world by entering any religious order

B. Whereabout of the husband not known

C. Cruelty by husband

D. Option of puberty

Correct Answer: A

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

A. Mubarat

B. Hadith

C. Batil

D. Fasid

Correct Answer: A

112. A born Mulsim girl brought up in a Hindu Orphanage married a Hindu boy as per shastric rites. The marriage is:

A. valid

B. Invalid

C. Voidable at the option of the girl

D. Voidable at the option of the boy

Correct Answer: B

113. In which of the following cases the Supreme Court has directed the states and the Central Government to make provisions for compulsory registration of all marriages in India?

A. Sameer Ghosh v. Jaya Ghosh

B. Neelu kohli v. Naveen kohli

C. Seema v. Ashwani Kumar

D. Shamim Ara v. State of U.P.

Correct Answer: C

114. A Hindu boy was given in adoption by his parents. Later, he marries his biological father’s brother’s daughter. The marriage is:

A. Valid, as now he does not belong to his family

B. voidable

C. void, as she is her paternal cousin

D. void, unless protected by custom or usage

Correct Answer: D

115. Which one of the following girls is not a sapinda to a Hindu boy?

A. Maternal grandfather’s brother’s daughter

B. Maternal uncle son’s daughter

C. Paternal grandfather’s brother’s son’s daughter

D. Paternal great grandfather’s brother’s son’s son’s daughter

Correct Answer: A

116. A Sikh solemnized his marriage to a Buddhist girl as per Hindu rites and ceremonies. The marriage is:

A. Valid

B. invalid

C. voidable at the option of boy

D. voidable at the option of girl

Correct Answer: B

117. If there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year after the passing of a decree for restitution conjugal rights in proceedings to which they were parties, the marriage:

A. Automatically comes to an end

B. can be dissolved on a petition for divorce by the original petitioner only

C. can be dissolved on a petition for divorce by the innocent party only

D. can be dissolved on a petition for divorce by either party.

Correct Answer: D

118. The Hindu wife was at the time of marriage pregnant by some person other than the husband. The marriage is:

A. Valid

B. Void

C. voidable at the option of the husband

D. voidable at the option of wife

Correct Answer: C

119. International Criminal Court is situated at:

A. New York

B. Geneva

C. The Hague

D. None of the above

Correct Answer: C

120. Children of a sister and a brother can validly marry under which of the following laws:

A. Christian Law

B. Hindu Law

C. Muslim Law

D. None of the above

Correct Answer: C

121. A married Muslim man changed his religion and became a Hindu. After one month, he got married to a Hindu girl. The marriage is:

A. Valid as it was contracted after conversion which results in automatic dissolution of Muslim Marriage

B. valid as the Hindu Husband cannot live with Muslim wife.

C. void as he was already married

D. void as it was contracted without the consent of the first wife

Correct Answer: A

122. A Hindu wife seeks a decree of judicial separation from her Hindu Husband. After one year he married again. The marriage is:

A. Void

B. Valid

C. voidable

D. Irregular

Correct Answer: A

123. Under the Hindu Marriage Act, 1955, conversion of a spouse to any other religion would

A. result in instantaneous marriage

B. have no effect on the marriage

C. give rise to a cause in favour of the other spouse for filing a petition for divorce

D. give rise to a cause in favour of convert spouse to claim divorce

Correct Answer: C

124. Marriage of a Hindu male to his wife’s mother is:

A. Valid

B. voidable

C. void

D. void unless protected by custom or usage

Correct Answer: D

125. A Hindu marriage is valid even though:

A. Consent of the parties to the marriage was not taken

B. Solemnized during the subsistence of earlier marriage

C. Parties to the marriage are sapindas to each other

D. Parties to the marriage are within the degrees of prohibited relationship

Correct Answer: A

126. A child of a Hindu Marriage which is null and void or which is annulled by a decree of nullity has the right to inherit the property of:

A. Father only

B. Mother only

C. Neither father nor mother

D. Father and mother both

Correct Answer: D

127. While determining damage which of the following is taken into account?

A. Inconvenience caused by non-performance

B. Motive of breach

C. Manner of breach

D. All the above

Correct Answer: A

128. Duty to mitigate damages on part of injured party arises:

A. In cases of breach at the time fixed for performance of the contract

B. In cases of anticipatory breach

C. Both A and B

D. Either A or B

Correct Answer: D

129. Amar enters into a contract with Suresh for which Suresh is guilty of fraud. Amar can:

A. Recover damages for actual loss suffered

B. Set aside the contract and recover damages

C. Set aside the contract but cannot recover damages

D. Recover damages but cannot set aside the contract

Correct Answer: B

130. In a contract consideration could be supplied by ___

A. only the promise

B. even the promisor

C. only by parties to contract

D. even strangers to contract

Correct Answer: D

131. Under the Indian Contract Act a minor’s agreement has the same consequence as:

A. A drunkard’s agreement

B. A fraudster’s agreement

C. A monk’s agreement

D. A mistaken agreement

Correct Answer: A

132. The leading case of Carlill v Carbolic Smoke Ball Co. is related to

A. General offer

B. Counter offer

C. Invitation to offer

D. Lapsed offer

Correct Answer: A

133. The remedies for breach of contract are:

A. Punitive damages

B. Nominal damages

C. Compensatory damages

D. Exemplary damages

Correct Answer: C

134. Specific performance as a remedy for breach of contract exists in-

A. Section 73 of the Indian Contract Act (Compensation for loss or damage caused by breach of contract)

B. Section 74 of the Indian Contract Act (Compensation for breach of contract where penalty stipulated for)

C. Section 10 of the Indian Contract Act (What agreements are contracts)

D. The Specific Relief Act

Correct Answer: D

135. The doctrine of privity of contract means that:

A. A contract is a private affair between the parties.

B. Consideration can be supplied only by the parties to contract

C. The contract can be enforced only by a civil and private action.

D. Only parties to contract can sue and be sued upon the contract.

Correct Answer: D

136. Quid pro quo means ___

A. Something in return

B. Adequacy of consideration

C. Sufficiency of consideration

D. Value of promise

Correct Answer: A

137. Quasi contracts are the situations where-

A. Law creates obligations for a non-contracting party

B. Law creates obligations for breach of contract

C. Law creates obligations for contingent contract

D. Law creates obligations for mistakes of fact.

Correct Answer: A

138. A sells, by auction, to B, a horse which A knows to be unsound. Which one of the following situations amounts to fraud:

A. A remains silent and says nothing to B about the horse’s unsoundness

B. B is A’s daughter and has just come of age and A remains silent and says nothing to B about the horse’s unsoundness.

C. B says to A- “If you do not deny it, I shall assume that the horse is sound” A says to B “This is an ‘as is’ contract. You may bring in your expert to examine the horse”

D. A has private information of a change in prices of horses in the market which, if told to B, would affect B’s willingness to proceed with the contract. A remains silent.

Correct Answer: B

139. Which of the following does not vitiate free consent under the provisions of Contract Act?

A. Mistake of law in force in India

B. Misrepresentation by mistake

C. Mistake of fact by parties to the contract

D. Undue influence

Correct Answer: A

140. Hadley v. Baxendale (1854) 9 Exch. 34 deals with:

A. Remoteness of damages

B. Breach of an implied term

C. Payment of penalty stipulated in the contract

D. Anticipatory breach of contract

Correct Answer: A

141. Who is called a “promisee” according to the Contract Act?

A. A person to whom a proposal is made

B. A person accepting the proposal

C. A person furnishing the consideration for the promise

D. A person to whom a promise is made

Correct Answer: B

142. A wagering agreement is:

A. Voidable and enforceable

B. void and enforceable

C. valid

D. valid but not enforceable

Correct Answer: B

143. What among the following is known for change of the nature of the obligation in a contract?

A. Novation

B. Recission

C. Renovation

D. Alteration

Correct Answer: A

144. Which of the following statements is correct?

A. Stranger to consideration will be a stranger to contract

B. Stranger to consideration has no right

C. Stranger to contract can enforce promise

D. Stranger to consideration can enforce a promise

Correct Answer: D

145. If the compensation to be paid on breach of contract is the genuine pre-estimate of the prospective damages, it is known as:

A. Special damages

B. penalty

C. unliquidated damages

D. Liquidated damages

Correct Answer: D

146. Reciprocal promises provide for doing certain things which are legal and certain others which are illegal, under Section 57:

A. the first set is valid but the second set is void

B. the first set is voidable but the second set is void

C. the entire set of promises is void

D. the entire set of promises is valid

Correct Answer: A

147. A contract not specifying the place of performance____

A. Can be performed at any place to the knowledge of the promise

B. The promisor need not seek any instruction from the promise as to the place of performance

C. The promisor has to apply to the promisee for appointment of a place of performance and perform the promise at that place.

D. The promisor can perform the promise at a place other than the place appointed by the promise

Correct Answer: C

148. What is a reasonable time for the performance of a contract?

A. It is a question of law

B. It is a question of fact

C. It is a question of prudence

D. It is a mixed question of fact and law

Correct Answer: B

149. If the time of performance of the contract is the essence of the contract and the promisor fails to perform the contract by the specified time-

A. the contract becomes void and is unenforceable

B. the contract remains valid and is enforceable

C. the contract becomes voidable at the instance of the promisee

D. the contract though valid becomes unenforceable

Correct Answer: C, S/55

150. In determining the question of ___ inadequacy of consideration is relevant

A. Undue influence

B. Fraud

C. Misrepresentation

D. Free Consent

Correct Answer: D

151. McNaughtens principles are with respect to:

A. Insanity

B. Private defence

C. Mens Rea

D. Strict Liability

Correct Answer: A

152. Which of the following is not defamation?

A. Libel

B. Slander

C. An Imputation which indirectly affects a person’s reputation

D. Battery

Correct Answer: D

153. Who was the chairman of the first law commission and drafted the Indian Penal Code?

A. Lord Mountbatten

B. Lord Mayo

C. Lord Macaulay

D. Lord Cornwalis

Correct Answer: C

154. Which of the following types of insanity is recognized as a defense under the IPC?

A. Impulsive insanity

B. Legal insanity

C. Medical insanity

D. All of the above

Correct Answer: B

155. A person may voluntarily cause the death of an assailant in the exercise of right of private defense to protect himself against an assault done with the intention of:

A. Causing death

B. Committing rape

C. Causing grievous hurt

D. All of the above

Correct Answer: D

156. Under the scheme of Cr.P.C. offences have been classified into bailable and non-bailable, cognizable and non cognizable under:

A. the first schedule

B. The second schedule

C. Section 320

D. Section 300

Correct Answer: A

157. Section 2(x) of the Cr.P.C. defines warrant cases as those punishable with imprisonment for a term exceeding

A. Two years

B. Three years

C. Five Years

D. Ten Years

Correct Answer: A

158. Under Section 125 of the Cr.P.C. a person cannot be asked to maintain the following:

A. His wife who has obtained divorce from him

B. His minor illegitimate children

C. His siblings

D. His Parents

Correct Answer: C

159. Offences other than those mentioned under Section 320 of the Cr.P.C. are:

A. Compounding with the consent of the victim.

B. Compoundable but only with express permission of the court

C. Compoundable only by the High Court

D. Not Compoundable

Correct Answer: D

160. In which provision of the Cr.P.C., the principle of ‘autrefois acquit and autrefois convict’ is contained?

A. Section 144 (Power to issue order in urgent cases of nuisance of apprehended danger)

B. Section 165 (Search by police officer)

C. Section 300

D. Section 302 (Punishment for Murder)

Correct Answer: C, Person once convicted or acquitted not to be tried for same offence

161. Under Section 125 of the Cr. P.C. the maximum amount of maintenance payable per month is:

A. Rs. 500

B. Rs. 1000

C. Rs. 5000

D. There is no prescribed limit

Correct Answer: D

162. Sections 219, 220 and 221 of the Cr.P.C. lay down provisions regarding:

A. Joint trial of offenders

B. Joinder of charges

C. Framing of charges

D. Discharge

Correct Answer: B

163. In taking and recording evidence the language of every court within the state other than the High Court Shall be:

A. Hindi

B. English

C. Determined by the respective State Government

D. Hindi or English

Correct Answer: C

164. Which of the following is true regarding Section 34 of the IPC:

A. It creates a substantive offence

B. It lays down a rule of procedure

C. It is a rule of evidence

D. None of the above

Correct Answer: C

165. Under Section 98 of the IPC a person can claim right of Private defence against:

A. A child below 7 years of age

B. A person of unsound mind

C. One who is acting under a mistake of fact

D. All of the above

Correct Answer: D

166. Gian Kaur v. State of Punjab JT 1996(3) SC 339 is a famous case relating to

A. Dowry Death

B. Cruelty by husband or relatives or husband

C. Attempt to commit suicide

D. Rape

Correct Answer: C

167. Following is not an exception given under Section 300 of the IPC:

A. Exceeding lawful right of private defence

B. Sudden fight

C. Grave and Sudden Provocation

D. Intoxication

Correct Answer: D

168. The term Dishonestly under IPC has been defined as doing something:

A. with intention of causing wrongful gain to one person or wrongful loss to another

B. with intent to defraud

C. Without due care and caution

D. Which is an illegal act or omission

Correct Answer: A

169. What amounts to grave and sudden provocation in a given case is:

A. A question of law

B. A question of fact

C. A mixed question of fact and law

D. all of the above

Correct Answer: B

170. Immovable Property can be the subject matter of:

A. Theft

B. Extortion

C. Dacoity

D. Dishonest misappropriation of property

Correct Answer: B

171. Which of the following has not been designated as grievous hurt under Section 320 of the IPC?

A. Dislocation of a tooth

B. Emasculation

C. Temporary loss of hearing capacity

D. Temporary privation of any member or joint

Correct Answer: C

172. Minimum of five persons are not required to

A. Constitute an unlawful assembly

B. Commit dacoity

C. Commit affray

D. None of the above is correct

Correct Answer: C

173. In criminal trials whenever the accused seeks the benefit of any exception the onus is on him to prove the applicability of such exception:

A. Beyond reasonable doubt

B. On a preponderance of probabilities

C. To the satisfaction of the judge

D. All of the above

Correct Answer: B

174. The right of private defence is based on the natural instinct of:

A. Self-reliance

B. Self-respect

C. Self-sufficiency

D. Self-preservation

Correct Answer: D

175. The right of private defence is:

A. Not a right of defence but of retribution

B. A right of defence but not a right of retribution

C. A right of defence as well as a right of retribution

D. Is neither a right of defence nor a right of retribution

Correct Answer: B

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