Solved Question Paper of DU LLM Entrance Test, 2013 with explanation

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1. Right in re aliena means a right over

A. His own property

B. A property of someone else

C. A property situated in a foreign country

D. A property situated in one’s own country

Correct Answer: B

2. The cancellation of the driving license of a person is an example of:

A. reformative theory

B. expiatory theory

C. Preventive theory

D. deterrent theory

Correct Answer: C

3. Who is regarded as the spiritual father of Realist School of legal thought?

A. Gray

B. Holmes

C. Ehlirich

D. Kohler

Correct Answer: B

4. According to Austin, law improperly so-called includes

A. Laws of analogy

B. laws of metaphor

C. laws by fashion

D. All of the above

Correct Answer: D

5. The concept of “living law” was expounded by:

A. Sinibald

B. Ehlirich

C. Holland

D. Locke

Correct Answer: B

6. Possession is prima facie evidence of title of ownership. Hence,

A. Long adverse possession confers title even to a property which originally belonged to another

B. Long adverse possession does not confer title to the property which originally belonged to another.

C. In all cases possession leads to ownership

D. Transfer of possession is not a mode of transferring ownership

Correct Answer: A


7. Consider the following four types of legal doctrine
I. Volkgeist
II. Imperative theory of law
III. Social Engineering
IV. Social solidarity
Identify the correct order in terms of time of their appearance

A. I, II, III and IV

B. II, I, IV and III

C. III, IV, I and II

D. II, I, III and IV

Correct Answer: B

8. Res nullius rule implies?

A. A right of easement acquired after a passage of time prescribe by law.

B. Owner of a tree has the right to the fruits of the tree.

C. Where there is extinction of previous ownership by an independent adverse act of

D. For a previously ownerless object, who took it first because the owner acquires

Correct Answer: D

9. Ownership which is imperfect but capable of being made perfect on fulfillment of some condition

A. Vested ownership

B. Trust ownership

C. Equitable ownership

D. Contingent ownership

Correct Answer: D

10. Which of the following is not a theory relating to corporate personality?

A. Function Theory

B. Function Theory

C. Realistic Theory

D. Purpose Theory

Correct Answer: B

11. Savigny wrote his essay “Vom Berul” as a reaction to

A. King’s proposal of introducing British Common Law in Germany

B. Parliament’s proposal to introduce Roman Law in Germany

C. Thiabuat’s proposal for legal unification of Germany based on natural law philosophy

D. Parliament’s proposal of nationalization of all German industries

Correct Answer: C

12. Match the following jural correlatives

A. Claim 1. No claim
B. Liberty 2. Disability
C. Power 3. Duty
D. Immunity 4. Liability

A B C D

a. 1 2 3 4

b. 3 1 4 2

c. 3 2 1 4

d. 2 4 3 1

Correct Answer: b

13. Which theory of punishment was recognized by Manu?

A. Retributive theory

B. Preventive theory

C. Reformative theory

D. Deterrent theory

Correct Answer: D

14. Dias describes power coupled with a duty to exercise it as:

A. Discretionary

B. Administrative

C. Ministerial

D. Rightful power

Correct Answer: C

15. According to the anthropological approach to law, the XII Tables in Rome may be considered as an example of:

A. Published law

B. Divine inspiration

C. Personal Command

D. Oligarchic monopoly

Correct Answer: A

16. Who among the following criticized Savigny for his juristic pessimism?

A. Hart

B. Salmond

C. Pound

D. Maine

Correct Answer: C

17. “Law is uncertain and certainty of law is a legal myth.” This is the statement of:

A. Holmes

B. Jerome Frank

C. Mill

D. Llevellyn

Correct Answer: B

18. Jervis, C.J. in Abby v. Dale (1851) stated: “If the words used are plain and unambiguous, in our judgment, we are bound to construe them in their ordinary sense, even though it does lead, in our view of the case, to an absurdity or manifest injustice.” Which of the following rule of interpretation is best summed up in this passage?

A. Golden Rule

B. Mischief Rule

C. Literal Rule

D. Absurdity Rule

Correct Answer: C

19. Austin’s analytical school was called imperative school by

A. Salmond

B. Allen

C. Bentham

D. Gray

Correct Answer: B

20. The statement “Some of the puzzles connected with the idea of legal validity are said to concern the relation between the validity and efficacy of law” is attributed to:

A. Kelsen

B. Hart

C. Hugo

D. Grotious

Correct Answer: B

Directions: (Questions 21-22) Following questions consist of two statements, one labelled as the Assertion (A) and the other as Reason (R). Examine these 2 statements carefully and select the correct answer

21. Assertion (A): Precedent is like gold in mine.
Reason (R): It has to be searched in law reports.

A. Both (A) and (R) is individually true and (R) is the correct explanation of (A)

B. Both (A) and (R) is individually true, but (R) is not the correct explanation of (A)

C. (A) is true, but (R) is false.

D. (A) is false, but (R) is true.

Correct Answer: A

22. Assertion (A): A legal right is essential to constitute a right.
Reason (R):
An element of advantage is essential to constitute a right.

A. Both A and R is individually true and R is the correct explanation of A.

B. Both A and R is individually true, but R is not the correct explanation of A.

C. A is true, but R is false

D. A is false, but R is true

Correct Answer: C

23. Secretary-General of the United Nations is appointed by the:

A. General Assembly

B. Security Council

C. General Assembly on the recommendation of the Security Council

D. Secretariat

Correct Answer: C

24. Which one of the following pairs is correctly matched:

A. Custom: Source of International Law and Municipal Law

B. Conventions: Source of Municipal Law

C. Constitution: Source of International Law and Municipal Law

D. Usage and legislation: Source of International Law

Correct Answer: A

25. Who was the first Secretary-General of the United Nations?

A. Kurl Waldheim

B. U. Thant

C. Trigve Li

D. None of the above

Correct Answer: C

26. The temple of Preah Vihear was a dispute between:

A. Thailand and France

B. Cambodia and France

C. Thailand and Vietnam

D. None of the above

Correct Answer: D

27. Which of the following is not a specialized Agency of the United Nations?

A. International Bank for Reconstruction and Development

B. Food and Agriculture Organisation

C. U.N. Human Rights Commission

D. International Labour Organisation

Correct Answer: C

28. Custom and usage are:

A. Custom represents the twilight stage of usage.

B. Synonyms

C. Usage represents the twilight stage of custom.

D. They are antonyms

Correct Answer: C

29. ‘Jus Cogens’ means

A. Preemptory norm of general Internal Law from which no derogation is permissible.

B. Rules of ancient customary International Law which are rendered redundant in modern times.

C. Abrogation of a rule in a treaty by subsequent treaty

D. Rules that emanate from cogency between states

Correct Answer: A

30. If a new preemptory norm emerges and the treaty is in conflict with that norm

A. the treaty terminates

B. the treaty does not terminate

C. the treaty remains suspended

D. none of the above

Correct Answer: A

31. What is the meaning of pacta terries nec nocent nec prosunt?

A. States must fulfil their treaty obligations under a treaty in good faith.

B. Treaties neither impose obligations nor confer right on third parties

C. Treaties may confer rights on third states

D. Non-parties may accede to a treaty

Correct Answer: B

32. On which basis the Island of Palmas case was decided?

A. Estoppel

B. Res Judicata

C. Subrogation

D. Prescription

Correct Answer: D

33. What is the status of European Commission of Human Rights at present?

A. It has been abolished and does not exist

B. It exists and has investigative powers

C. It exists but its working has been suspended at present.

D. It exists but has no power to investigate.

Correct Answer: A, Protocol 11 which came into force in 1998 abolished the Commission, enlarged the Court, and allowed individuals to take cases directly to it.

34. In which of the following cases the principles laid down by International Court of Justice became conventional law?

A. Right to Passage case between India and Portugal

B. Asylum case

C. Anglo-Norwegian Fisheries case

D. Temple of Preah Vihear case

Correct Answer: C

35. Which of the following international instruments provide for the abolition of death penalty?

A. International Covenant on Civil and Political Rights.

B. First Optional Protocol to International Covenant on Civil and Political Rights.

C. Second Optional Protocol to International Covenant on Civil and Political Rights.

D. Optional Protocol to International Covenant on Economic Social and Cultural Rights

Correct Answer: C

36. When did United Nations Convention on Law of the Sea, 1982 come into force?

A. 1982

B. 1992

C. 1996

D. 1994

Correct Answer: D

37. Which of the following is a natural prolongation of land territory?

A. Territorial sea

B. Continental shelf

C. Exclusive Economic zone

D. Contiguous Zone

Correct Answer: B

38. Which of the following statements is correct?

A. Indian Maritime Zones Act is not in conformity with UN Convention on Law of the Sea, 1982 with respect to the breadth of territorial waters.

B. Indian Maritime zones Act, is not in conformity with UN Convention on Law of the Sea, 1982 with respect to the breadth of continental shelf.

C. Indian Maritime Zones Act is not in conformity with UN Convention on Law of the Sea, 1982 with respect to the breadth of exclusive economic zone.

D. Indian Maritime Zones Act is not in conformity with UN Convention on Law of the Sea, 1982 with respect to rights in contiguous zone

Correct Answer: D

39. “General Assembly Resolutions, even if they are not binding, may sometimes have normative value. They can, in certain circumstances, provide evidence for establishing the existence of a rule or the emergence of opinion juris. To establish whether this is true of a given General Assembly resolution, it is necessary to look at its opinion.” The observation was made by ICJ in:

A. South West African Voting Procedure case

B. Advisory opinion of ICJ on the legality of the Threat of use Nuclear Weapons

C. UN Administrative Tribunal case

D. Western Sahara Case

Correct Answer: B

40. Which of the following is not mentioned as a source of International Law under Article 38(1) of the International Court of Justice?

A. International Customs

B. International Treaties

C. General Principles of law recognized by civilized nations

D. Decisions or determination of the organs of international institutions

Correct Answer: D

41. What does the expression ‘ex aequo et bono’ as used under Article 38(2) of the Statute of International Court of Justice signify?

A. This enables the court to go outside the realm of law for reaching its decision.

B. This binds the court to decide always in accordance with law.

C. This makes possible a decision based upon consideration of fair dealing and good faith.

D. Both A and C

Correct Answer: D

42. Before a usage may be considered as amounting to a customary rule of international law, two tests must be satisfied. These tests relate to the material and the psychological aspects. The psychological aspect is known as:

A. Pacta Sunt Servanda

B. Opinio Juris

C. Jus Cogens

D. Psycho jus

Correct Answer: B

43. The decisions of International Court of Justice have

A. binding force behind them and operate as precedent in disputes between all members of UN.

B. binding force and law laid down by universal norms of international law from which no derogation is permitted.

C. no binding force except between the parties and in respect of that particular case.

D. no binding force except between the parties and in respect of all cases in future.

Correct Answer: C

44. An accused is extradited for a particular crime and the country which gets back the criminal is entitled to prosecute that person only for the crime for which he was extradited. This is known as the:

A. Attendant clause

B. Rule of peculiarity

C. Rule of speciality

D. Rule of specificity

Correct Answer: C

45. 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 qualifications 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

46. The lotus case was decided primarily on the basis of:

A. general Principles of Law recognized by Civilized Nations.

B. Customary Law

C. Equity

D. The Rome Convention

Correct Answer: B

47. 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 contract 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

48. A promise made without any intention of performing it amounts to:

A. Coercion

B. Undue Influence

C. Fraud

D. None of the above

Correct Answer: C

49. Consideration for the contract signifies:

A. equality in contracts

B. fairness in contract terms

C. valuation of the contract

D. the bargain element in a contract

Correct Answer: D

50. Mohiri Bibee v. Dharmodas Ghosh was decided by:

A. Privy Council

B. House of lords

C. Supreme Court of India

D. Supreme Court of UK

Correct Answer: A

51. A and B enter into an agreement induced by a mistaken view as to foreign law. The agreement is:

A. Voidable

B. Valid

C. Void

D. valid in the beginning and void on discovery of mistake.

Correct Answer: C, S/21. Effect of mistakes as to law

52. Uncle telegrams to his nephew: If I hear no more about that black horse, I will consider the horse mine @Rs. 3,00,000.
Nephew to his Manager: Do not put that Black horse on auction as it has already been sold to my uncle.
The manager diligently obeys the orders. The uncle never comes forward to pay Rs. 3,00,000 and take the black horse. The nephew

A. Can recover Rs. 3,00,000 by suing his uncle as there was a valid contract

B. cannot recover Rs. 3,00,000 through court of law as there was no contract.

C. cannot recover as it was an internal communication between him and his manager.

D. None of the above

Correct Answer: B

53. Who said “Acceptance to an offer is what a lighted matchstick is to a train of gunpowder”?

A. Sir, Fredrick Pollock

B. Sir, William Anson

C. G.C. Chesire

D. D.F. Mulla

Correct Answer: B

54. The doctrine of ‘privity of consideration means’ means:

A. Consideration may move from any other person with prior permission of the state.

B. Consideration may move from any other person except the promise.

C. Consideration may move from the promise or any other person.

D. Consideration must move from the promise alone.

Correct Answer: D

55. In a case in order to realize fine from the son, government attached the property of the father, and the son had to pay to prevent the sale of the property to a third party. The case comes under

A. Fraud

B. Coercion

C. Undue Influence

D. Mistake

Correct Answer: B

56. Consider the following statements with regard to “uberrimae feidie” and find out which of them is correct.


1. It falls within a class of cases which require utmost good faith.
2. Every contract is a contract uberrimae fidei
3. A contract of insurance is an example of uberrimae fiedei.

A. 1,2 and 3

B. 1 and 3 only

C. 2 and 3 only

D. 1 and 2 only

Correct Answer: B

57. Inadequacy of consideration could be taken into account by the court

A. Where the proposer expresses his desire to get maximum return for the promise.

B. When fraud is pleaded in the formation of the contract.

C. When the promisor refuses to perform his promise.

D. at the discretion of the court

Correct Answer: B, Section 25, Explanation 2

58. The plaintiff sees defendant’s son falling in a pond. He saves the child. Later on, the defendant promises to pay the plaintiff Rs. 1,000/- as re-ward. In this context, which one of the following propositions is correct?

A. The defendant’s liability to pay Rs 1000 arises under the theory of quasi-contract.

B. The defendant is not liable to pay Rs. 1000 as promised to the plaintiff.

C. The defendant is liable to pay Rs. 1000 to the plaintiff as the case come under Section 25 of the Contract Act

D. The defendant is liable to pay because the agreement is not “nudum pactum”

Correct Answer: C

59. A standard form of contract is one in which

A. the term and conditions are fixed by the state to which the contracting party belongs.

B. the terms are pre-determined by the custom of trade to which the contracting party belongs.

C. the terms on which mercantile transactions of common occurrence are to be carried out.

D. the terms are fixed by one of the parties in advance and are open to acceptance by any one.

Correct Answer: D

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

A. Mortgage

B. Bailee

C. Bailor

D. Owner

Correct Answer: B

61. State of W.B. v. B.K. Mondal & Sons, AIR 1962 SC 779 is an interpretation of which section of Indian Contract Act:

A. 69 (Reimbursement of person paying money due by another, in payment of which he is interested)

B. 70

C. 71 (Responsibility of finder of goods)

D. 72 (Liability of person to whom money is paid, or thing delivered, by mistake or under coercion)

Correct Answer: B, Obligation of person enjoying benefit of non-gratuitous act

62. A contracts to act in a theatre for 6 months in consideration of a sum paid in advance by B. On several occasions A is too ill to act.

A. The contract to act in those occasions becomes void.

B. The contract to act on all occasions becomes void.

C. The contract to act on those occasions becomes voidable.

D. The contract to act on all occasions becomes voidable.

Correct Answer: A, 56. Agreement to do impossible act

63. A and B agree to marry each other. Before the time fixed for marriage, A goes mad.

A. The contract becomes void

B. The contract becomes voidable.

C. The Contract was void ab initio

D. None of the above

Correct Answer: A, Section 56 of Contract Act

64. If the parties to a contract agree to substitute a new contract for it, or to rescind or alter it, the original contract

A. need not be performed

B. has to be performed.

C. has to be discharged

D. none of the above

Correct Answer: A, S/62. Effect of novation, rescission, and alteration of contract

65. Which of the following does not amount to breach of contract?

A. Non-performance of obligations

B. Performance in a manner not in accordance with the contract

C. Performance at a time not in accordance with the contract.

D. None of the above

Correct Answer: D

66. Which one of the following pairs is correctly matched?

A. Section 55: Frustration of contract

B. Section 56: Agreement in restraint of marriage

C. Section 16: Consent by Coercion

D. Section 29: Agreements void for certainty

Correct Answer: D

67. A counter offer is:

A. an invitation to treat

B. an acceptance of the offer

C. a rejection of original offer

D. a bargain

Correct Answer: C

68. Which one of the following promises is enforceable?

A. A promises to pay Rs. 5,000 to B who saved him from drowning.

B. A promises to pay Rs. 5,000 to his son.

C. A promises to donate Rs. 5,000 to an officer’s club.

D. A promises to pay Rs. 5000 as additional fee to his advocate for winning a suit.

Correct Answer: A

69. The primary aim of the law of contractual damages is to:

A. punish the party who has committed the breach of contract.

B. enrich the party who sustained the loss.

C. place the party who sustained the loss in the same position as if the contract has been performed.

D. give some type of compensation

Correct Answer: C

70. Under Section 73 of the Indian Contract Act

A. Special damages cannot be claimed

B. special damages can be claimed if the party breaking the contract is made known of the special circumstances at any time.

C. special damages can be claimed if the party breaking the contract is made known of the special circumstances at the time of contract.

D. None of the above

Correct Answer: C, S/73 Compensation for loss or damage caused by breach of contract

71. Effect of frustration of contract is that:

A. Promisor is excused from performance

B. Contract dissolved automatically

C. both A and B

D. Contract becomes voidable at the option of promisor

Correct Answer: C

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

A. Private nuisance

B. Public nuisance

C. Trespass to land

D. Breach of Contract

Correct Answer: A

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

A. Truth, absence of motive, fair comment.

B. Truth, statutory authority, fair comment.

C. Justification, fair comment, privileges

D. Privileges, statutory authority, fair comment

Correct Answer: C

74. A invited his friend B to his house for donner. While they were having dinner, B made certain unwanted comments about the married sister of A. Frustrated A started abusing B and also said that he is a womanizer and a cheat and has misappropriated huge funds of his employer. B sued A for damages of defamation

A. A is liable as he made derogatory statements about B.

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

C. A is not liable as he has not communicated these statements to anybody except B.

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

Correct Answer: C

75. “A tort is an infringement of a right in rem of private individual, giving a right of compensation at the suit of injured party.” This definition is rendered by

A. Salmond

B. Fraser

C. Winfield

D. Pollock

Correct Answer: B

76. A took an electric tandoor from B and Co. on hire. The agreement provided that Co. shall not be liable for any personal injury to the hirer or to any other person while using it. However, due to defect in tandoor, a cook was injured. The cook brought an action against B and Co.

A. Cook will not succeed as he was not party to contract.

B. Cook cannot succeed as there was an exemption clause in the contract

C. Cook will succeed.

D. Cook Cannot but A can claim damages

Correct Answer: C

77. A lawful act does not become unlawful even if it was done with evil motive. This was held in:

A. Ashby v. White (When the actions of one party hinder the rights of another, that party may be found liable)

B. Town Area Committee v. Prabhu Dayal

C. Christie v. Davey – Nuisance

D. Hollywood Silver Fox Farm Ltd v. Emmett (Private Nuisance)

Correct Answer: B

78. Railway authorities allowed a train to be overcrowded. In consequence. In consequence, a legitimate passenger Mr. X got his pocket picked. Choose the most appropriate answer.

A. Mr. X can sue the Railway authorities for the loss suffered.

B. Mr. X cannot sue because he had given his consent to travel in an overcrowded train.

C. Mr. X cannot sue because there was no infringement of his legal right and mere fact that the loss was caused does not give rise to a cause of action.

D. Mr. X cannot sue because Railway authorities are statutory bodies.

Correct Answer: C

79. In order to ward off the flow of water into his land from a stream, A dug a trench and put up a bund on his land. As a result, the rainwater now flowed to B’s land and caused damage. B claimed damages from A.

A. B can sue for damages

B. B can sue for damages as he suffered loss.

C. B cannot sue for damages

D. B cannot sue for damages as his legal rights were not violated

Correct Answer: D

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

A. Contributory negligence

B. Statutory authority

C. Act of God

D. Volenti non fit injuria

Correct Answer: A

81. D left his horse and tonga unattended in a crowded street. While D was away, a dog barked and pounced on the horse. The horse got frightened and started running furiously along the road with the tonga. P, a pedestrian, saw X in danger of being run over and in order to save him pushed him away, but in doing so he himself was hurt. P sued D for daamges.

A. D is liable to pay damages to P

B. D can plead contributory negligence

C. D can plead remoteness of damages suffered by P

D. D can plead novus actus interveniens

Correct Answer: A

82. On a rainy and windy day, a live wire snapped from an electrical pole. Ram Kumar did not notice the wire and rode his bicycle over the wire. He got electrocuted and died. His widow brought an action for damages against the electricity board.

A. Board is not liable as wire snapped due to act of God.

B. Board is not liable as there is contributory negligence on the part of Ram Kumar.

C. Board is not liable as it has statutory duty to supply electricity.

D. Board is liable as there is foreseeable risk inherent in the very nature of such activity.

Correct Answer: D

83. In which one of the following cases the Delhi High Court held that pronouncement of talaq 3 times at a time by a Muslim husband results in a single talaq only

A. Danial Latifi v. UOI (It held that a Muslim husband is liable to make reasonable and fair provision for the future of his divorced wife extending beyond the iddat period)

B. Masroor Ahmed v. Govt. of NCT Delhi

C. Shamim Ara v. State of UP (the court had said a mere plea of talaq in response to the proceedings filed by the woman for maintenance cannot be treated as pronouncement of talaq.)

D. Noor Saba Khatoon v. Mohd. Qasim (A Muslim father’s duty to maintain his children extends till they become majors or are able to maintain themselves, or, in the case of female children, till they get married)

Correct Answer: B

84. The Muslim Women (Protection of Rights on Divorce) Act, 1986 deals with:
1. Right of Muslim women to seek divorce
2. Maintenance rights of Muslim who had been divorced by their husband by the pronouncement of talaq
3. Maintenance rights of Muslim Women who have sought divorce from their husbands
Select the correct answer:

A. Only 1 is correct

B. 1 and 2 are correct

C. 2 and 3 are correct

D. 1,2 and 3 are correct

Correct Answer: C

85. 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

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

A. Sameer Ghosh v. Jaya Ghosh (Mental Cruelty Guidelines)

B. Neelu kohli v. Naveen Kohli (Court recommended the government to incorporate irretrievable breakdown of marriage as a ground for the grant of divorce)

C. Seema v. Ashwani Kumar

D. Shamim Ara v. State of UP (the court had said a mere plea of talaq in response to the proceedings filed by the woman for maintenance cannot be treated as pronouncement of talaq)

Correct Answer: C

87. A married B but the marriage was void for being within the prohibited degrees of relationship. After sometime A married C while B was still living with him. A’s marriage to C is:

A. Valid

B. Valid but punishable

C. Void

D. Voidable at the option of C

Correct Answer: A

88. A born Christian girl brought up by a Hindu family married a Hindu boy as per shastric ceremonies. The marriage is:

A. Valid

B. Invalid

C. Voidable at the option of girl

D. Voidable at the option of the boy

Correct Answer: B

89. The Supreme Court in Sarla Mudgal v. UOI laid down that on conversion of a Hindu husband to Islam

A. He can have upto 4 wives

B. his pre-conversion Hindu Marriage will get dissolved automatically

C. his pre-conversion Hindu marriage will get dissolved automatically.

D. he cannot marry again till his pre-conversion Hindu marriage is dissolved as per Hindu law.

Correct Answer: D

90. Recently the Supreme Court in Anil Kumar Jain v. Maya Jain has held that the requirement of six months waiting period in cases of divorce by mutual consent in Hindu law can be relaxed by:

A. High Court only

B. Supreme Court only

C. High Court and the Supreme Court

D. Any Court

Correct Answer: B

91. Divorce by mutual consent in Muslim law is called.

A. Mutah

B. Mehr

C. Hadith

D. Mubarat

Correct Answer: D

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

A. Impotency of respondent

B. Consent to marriage of the petitioner obtained by fraud.

C. Incapacity of the respondent to bear a child.

D. Insanity of either party at the time of marriage.

Correct Answer: C

93. As per Hindu Marriage Act, sapinda relationship extends for

A. the third generation (inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line of ascent through father.

B. the third generation (exclusive) in the line of ascent through the mother, and the fifth (exclusive) in the line of ascent through father.

C. the five generations in the line of ascent through the mother, and seven in the line of ascent through father.

D. all blood relatives related through male blood relatives.

Correct Answer: A, Section 3(f)(i) of Hindu Marriage Act

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

A. Performance of necessary ceremonies

B. Marriageable age of parties

C. Consent of parties to the marriage

D. Absence of degrees of prohibited relationship

Correct Answer: C

95. Which one of the following grounds is not available to Muslim wife to seek dissolution of marriage under Dissolution of Muslim Marriage Act, 1939?

A. Option of puberty

B. Impotency of husband

C. Cruelty of husband

D. Change of religion by husband

Correct Answer: D

96. Khula under Muslim law refers to:

A. Divorce by mutual consent

B. Divorce initiated by wife and accepted by husband

C. A temporary marriage

D. Change of religion by husband

Correct Answer: B

97. The marriage of a Muslim male to the sister of his present wife is:

A. Void in Shia law and irregular in Sunni law.

B. Valid in Shia law and Sunni law

C. Void as per the law of land

D. Void in Sunni law and irregular in Shia law

Correct Answer: A

98. As per the Prohibition of Child Marriages Act, 2006 a child marriage is

A. valid but penal

B. void and penal

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

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

Correct Answer: C

99. Which one of the following enactments provides for the dissolution of marriage at the instance of wife only?

A. Hindu Marriage Act, 1955

B. Special Marriage Act, 1954

C. Indian Divorce Act, 1869

D. Dissolution of Muslim Marriages Act, 1939

Correct Answer: D

100. X on receiving grave and sudden provocation from Z intentionally cause the death of Y who is Z’s brother, X has committed the offence of

A. Murder

B. Grievous hurt

C. culpable homicide not amounting to murder

D. attempt to murder

Correct Answer: A

101. In a scuffle between A and B, two teeth of B got knocked down. A has committed the offence of

A. grievous hurt

B. simple hurt

C. culpable homicide

D. assault

Correct Answer: A

102. Punishment for voluntarily causing grievous hurt is provided in the IPC under:

A. Section 319

B. Section 325

C. Section 323

D. Section 327

Correct Answer: B

103. Kidnapping from lawful guardianship under Section 361 of the IPC can be

A. of a person under sixteen years of age if male

B. of a person under eighteen years of age if female

C. of a person of unsound mind

D. all the above

Correct Answer: D

104. ‘A’ enticed a minor girl M without the consent of her lawful guardian G and kept her with him for a month after which he deserted her. Thereafter while M was loitering on the street, B took her with him from whose custody ‘M’ was later recovered by the police

A. Only A is guilty of kidnapping

B. Only B is guilty of kidnapping

C. Both A and B are guilty of kidnapping

D. None of the above

Correct Answer: A

105. Extortion is defined in:

A. Section 384 of IPC (Punishment for extortion)

B. Section 383 of IPC

C. Section 387 of IPC (Putting person in fear of death or of grievous hurt, in order to commit extortion)

D. Section 390 of IPC (Robbery)

Correct Answer: B

106. A cuts down a tree on B’s land with the intention of dishonestly taking the tree out of B’s possession without B’s consent. A commits

A. no offence until the tree is taken away

B. the offence of criminal misappropriation of property

C. the offence of criminal breach of trust

D. the offence of theft, as soon at the severance of the tree from the ground is complete

Correct Answer: D

107. X along with four armed hoodlums seizes the child of Y and threatens to kill him unless Y parts with his watch and diamond ring. X has committed the offence of

A. Extortion

B. Robbery

C. Dacoity

D. Theft

Correct Answer: C

108. X finds Y alone late in night at a lonely place. He shows him a revolver and demands his purse, watch and a gold ring. X warns Y that if he does not hand over these things, he would kill him. Fearing injury or death, Y hands over the valuables demanded by X is

A. Guilty of theft because he has caused wrongful loss to Y

B. guilty of robbery because he caused wrongful loss to Y by threatening to cause injury or death.

C. guilty of dacoity because he caused wrongful loss to Y with the help of a firearm.

D. not guilty since Y himself gave the valuable property

Correct Answer: B

109. Which one of the following statements correctly distinguishes theft from extortion

A. in theft, there is dishonest intention whereas in extortion, it is not there.

B. in extortion, there is dishonest intention whereas in theft it is not there.

C. in theft, there is dishonest intention whereas in extortion it is fraudulent intention.

D. in theft there is taking of property whereas in extortion there is delivery of property.

Correct Answer: D

110. Section 76 and Section 79 of IPC provide the general exception of

A. Mistake of law

B. Mistake of fact

C. Both A and B

D. None of the above

Correct Answer: B

111. Which one of the following statements correctly defines the term unlawful assembly?

A. an assembly of five or more persons

B. an assembly of five or more persons armed with lethal weapons

C. an assembly of five or more persons with common object of committing a crime.

D. An assembly of two or more persons having some common object of doing a criminal act.

Correct Answer: C

112. For the offence of abetment

A. It is necessary that the act abetted should be committed successfully

B. It is necessary that the act abetted should be committed though unsuccessfully.

C. It is not necessary that the act abetted should be committed

D. None of the above

Correct Answer: C

113. X with intention to steal ornaments opened Y’s box and found it empty. X is

A. not liable for attempt to commit theft as the box being empty, commission of theft was impossible

B. guilty of attempt to commit theft as he had an intention to commit theft and did an act towards its commission.

C. not liable for attempt to commit theft as he did not do the penultimate act towards the commission of theft.

D. not guilty of attempt to commit theft as he made only preparation to commit theft.

Correct Answer: B

114. Section 326B in IPC which was added by Criminal Law (Amendment) Act, 2013 refers to

A. Grievous hurt by dangerous weapon

B. Trafficking of a person

C. Throwing or attempt to throw acid

D. Sexual assault

Correct Answer: C

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

A. Page v. Smith (Held: It was not necessary that the type of harm caused was itself reasonably foreseeable)

B. Mcloughlin v. O’Brian

C. Bourhill v. Young (In case of no sufficient proximity between the claimant and defendant when the incident occurred, no duty of care owed by the defendant to the claimant)

D. Alcock v. Chief Constable (in cases of purely psychiatric damage caused by negligence, a distinction must be drawn between primary and secondary

Correct Answer: B

116. A employed B to drive his jeep. B took the jeep from the workshop and thereafter, instead of taking the jeep to the garage, he went on a spree and on the way he gave a joy ride to some unauthorized persons. B’s negligence caused an accident resulting in injuries to all the unauthorized persons in the jeep. Can they claim damages from A?

A. yes, as they were injured due to the negligence due to the negligence of A’s servant.

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

C. No, act of going on spree and giving lift to unauthorized persons was outside the course of employment.

D. No, they are not unauthorized to use the jeep.

Correct Answer: C

117. A Mulsim wife’s right to dower can be claimed as

A. A preferential debt

B. an ordinary unsecured debt along with other creditors

C. an ordinary debt having priority over secured debts

D. a secured debt

Correct Answer: B

118. Whether the consummation of marriage before the age of puberty deprives a Muslim wife of her option of puberty under Section 2(vii) of the Dissolution of Muslim Marriages Act, 1939?

A. Always deprive

B. Deprive but only under certain circumstances.

C. Does not deprive

D. Either A or B

Correct Answer: C

119. If there is no resumption of cohabitation between the parties within one year after the degree of judicial separation or restitution of conjugal right, the marriage

A. Can be dissolved by a decree of divorce on a petition presented by either party

B. is treated as dissolved automatically

C. Can be dissolved by a decree of divorce on petition presented by the party in whose favour the relief in the original petition was granted

D. Can be dissolved by a decree of divorce on a petition by the party against whom the original decree was granted

Correct Answer: A

120. The right granted under Section 100 of the IPC to the extent of causing death can be exercised against an assault with 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 (Solitary Confinement)

B. Brij Kishore v. State of U.P. (Service Matter)

C. Amjad Khan v. State

D. Ramaswamy v. State of Madras

Correct Answer: C

121. 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 Tondon

C. UOI v. Madhusudan Prasad

D. Regu Mahesh v. Rajendra Pratap

Correct Answer: A

122. 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

123. H, who was entrusted by S with certain blocks for printing a catalogue, prints the catalogue of rival’s firm with the same blocks. H is guilty of

A. theft

B. Cheating

C. Criminal misappropriation

D. Criminal Breach of trust

Correct Answer: D, 405. Criminal breach of trust

124. 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

125. 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

126. Which of the following proposition(s) is/are correct?
i. Muslim husband has a right 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

127. Which of the following is a ‘continuing offence’?

A. Frequently taking a minor girl out of the custody of a lawful guardian.

B. By force or deceit compelling a minor girl to be moved from one city to another for illicit sex.

C. Removing a movable property from the possession of a thief.

D. repeatedly raping a girl

Correct Answer: B

128. A child offender below the age of seven years cannot even be subjected to juvenile justice proceeding, because

A. Child criminals are treated differently.

B. the Juvenile Justice Act treats a child below 7 years as innocent

C. Juvenile Justice Proceedings are applicable to children below the age of 18 years

D. A child below 7 years is exempt from criminal liability under section 82 of the Indian Penal Code

Correct Answer: D

129. ‘Catch-up Rule’ in relation to reservation was evolved by Supreme Court in

A. UOI v. Virpal Singh

B. Indra Sawhney v. UOI

C. Ashok Kumar Thakur v. UOI

D. M. Nagraj v. UOI

Correct Answer: A

130. Mark the correct statement

A. Sexual intercourse by a man with a woman with or without her consent when she is under sixteen years of age amounts to rape.

B. Sexual intercourse by a man with a woman of any age without her consent amounts to rape

C. Sexual intercourse by a man with his own wife, the wife not being under sixteen years of age, is not rape.

D. A and B are correct

Correct Answer: D

131. In deciding the question of negligence by professionals, the classical statement of law which has been widely accepted as decisive of the standard of care required both of professionals generally and medical practitioners is popularly called

A. Stephen test

B. Frien test

C. Bolam test

D. Hyde test

Correct Answer: C

132. Which one is the first case in which the court pierced the veil of the corporate personality?

A. Daimler Company v. Continental Tyre Company

B. Ancona v. Rogers (Possesion case)

C. People’s Pleasure Park Co. v. Rohleder

D. Regal v. Hasting (the rule against directors and officers from taking personal advantage of a corporate opportunity in violation of their duty of loyalty to the company)

Correct Answer: A

133. X, with the intention to kill Y, supplies him with powdered sugar believing it to be a poison. Y eats the powder. X is guilty of

A. no offence

B. attempt to commit murder

C. attempt to commit culpable homicide not amounting to murder

D. abetment to commit murder

Correct Answer: A

134. Under section 23 of the Hindu Marriage Act, 1955 the court must try to bring about a reconciliation between the parties, if the petition is field on the ground that ____

A. respondent treated the petitioner with cruelty

B. respondent has deserted the petitioner

C. respondent had sexual intercourse with a person other than the petitioner

D. all of the above are correct

Correct Answer: D

135. ‘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 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

136. Which constitutional Amendment made changes in the preamble to the Indian Constitution

A. 24th Amendment (Parliament to dilute Fundamental Rights through Amendments of the Constitution)

B. 25th Amendment (Curtailed the right to property)

C. 42nd Amendment

D. 44th Amendment (allowed the government to amend the constitution on its wish by Article 368)

Correct Answer: C

137. Which one of the following bodies has the specific objective of considering the views of the states in preparation of Five-Year Plans?

A. Planning Commission

B. Zonal Councils

C. Inter-state Council

D. National Development Council

Correct Answer: D

138. Which one of the following items comes under the Concurrent list of the Indian Constitution?

A. Inter-state rivers

B. Trade Unions

C. Citizenship

D. Local Government

Correct Answer: B

139. The authority to alter the boundaries of states in India rest with

A. State Government

B. President

C. Prime Minister

D. Parliament

Correct Answer: D

140. The president addresses his resignation letter to the

A. Chief Justice of India

B. Speaker

C. Vice-President

D. Prime Minister

Correct Answer: C

141. The expression ‘a Union of states’ used in the Constitution has been taken from the Constitution of

A. Canada

B. USA

C. Erstwhile USSR

D. Germany

Correct Answer: A

142. Who among the following got the Bharat Ratna Award before becoming the Prez of India

A. Dr. Zakir Hussain

B. Dr. Rajendra Prasad

C. V.V. Giri

D. S. Radhakrishnan

Correct Answer: A

143. Habeas Corpus literally means:

A. Produce the body

B. Produce the record

C. Produce the evidence

D. Produce the testimony

Correct Answer: A

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

A. Confession to 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

145. Decisions regarding disqualification of members of Lok Sabha are taken by the

A. Supreme Court

B. Speaker

C. Prime Minister

D. Vice-President

Correct Answer: B

146. In which case the Supreme Court had invalidated a constitutional amendment for non-compliance with the procedure contained in the proviso to clause (2) of Article 368?

A. Shankari Prasad v. UOI

B. I.C. Golaknath v. State of Punjab

C. Kesavananda Bharti v. State of Kerala

D. Kihoto Hollohon v. Zachillu

Correct Answer: D

147. 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 103(1) and 217 (3)

B. Articles 356 and 72

C. Articles 356 and 103(1)

D. Articles 217(3) and 356

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

148. Point out incorrect match

A. State of Karnataka v. M/s Drive-in-Enterprises-Pith and Substance

B. G.K. Krishnan v. State of Tamil Nadu – Non Obstante Clause

C. Asif Hameed v. State of J&K-Separation of Power

D. Tata Iron & Steel Co. Ltd. V. State of Bihar-Doctrine of Territorial Nexus

Correct Answer: B, Concept of compensatory tax

149. The judges of Supreme Court are appointed

A. by president after consulting Chief justice of India and 2 judges of the Supreme Court

B. by President after consulting the collegium of four judges and the Chief Justice of India

C. by President after consulting the Union Council of Ministers

D. by President after consulting the collegium of judges, Council of Ministers, and Judges of the High Courts

Correct Answer: B

150. Point out the incorrect pair

A. Article 230: Extension of jurisdiction of High Courts to Union Territories

B. Article 256: Power of union to issue directions

C. Article 292: Borrowing by states

D. Article 312: All-India Services

Correct Answer: C, Borrowing by the Government of India

151. 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 qualification 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

152. The governor of a State has power to constitute a Finance Commission for ____ to review their financial position

A. Municipal bodies

B. Panchayats

C. State

D. Both A and B

Correct Answer: B

153. The concept of ‘Regulatory Measures and Compulsory taxes’ has been adopted by Indian Judiciary from the Constitution of

A. United States of America

B. Canada

C. Australia

D. Ireland

Correct Answer: C

154. Which is the only state of India to have the common civil code?

A. Jammu & Kashmir

B. Mizoram

C. Goa

D. Arunachal Pradesh

Correct Answer: C

155. Article 343 of the constitution declares Hindi as the

A. National language

B. State language

C. Administrative language of the Union

D. Official language of the Union

Correct Answer: D

156. The objective of Audit is to examine and monitor the expenditure made by the

A. Executive

B. Legislature

C. Judiciary

D. All of these

Correct Answer: D

157. What is the maximum strength of the Legislative Assemblies of India prescribed by the Constitution?

A. 40

B. 50

C. 60

D. 80

Correct Answer: C, 158. Conditions of Governor office

158. The Constituent Assembly of India took all decisions by:

A. Consensus

B. Simple Majority

C. two-third majority

D. Three-fourth majority

Correct Answer: A

159. The sitting of Lok Sabha can be terminated through

A. Adjournment

B. Prorogation

C. Dissolution

D. All of the above

Correct Answer: D

160. How many subjects, over which the municipalities have been given administrative control, have been listed in the Twelfth Schedule?

A. 18

B. 20

C. 21

D. 29

Correct Answer: A

161. Which was the first State where Panchayati Raj was introduced?

A. Gujarat

B. Rajasthan

C. Bihar

D. Andhra Pradesh

Correct Answer: B

162. The president can nominate two members of the Lok Sabha to give representation to

A. the Anglo-Indians

B. Indian Christians

C. Parsis

D. Buddhists

Correct Answer: A

163. The minimum number of Ministers including the Chief Minister in a state shall be

A. fifteen per cent of total number of members of the legislative assembly

B. fifteen per cent of total number of members of the state legislature

C. twelve

D. twenty

Correct Answer: C

164. Which of the following cases does not relate to civil servants?

A. UOI v. Tulsiram Patel

B. J.P. Bansal v. State of Rjasthan

C. T.N. Rangarajan v. Govt. of Tamil Nadu

D. Samsher Singh v. State of Punjab

Correct Answer: D

165. Which of the following statement is incorrect?

A. Parliament can enact legislation under Article 252 of the Constitution of India?

B. State legislatures can enact a legislation to punish a person for an offence under Article 17 of the Constitution of India

C. Parliament can enact legislation on ‘electricity’

D. State legislatures can enact legislation on ‘Insurance’

Correct Answer: D

166. The theory of separation of power does not prevent the state executive from exercising power with respect to which the legislature of the state has power to make law as provided under

A. Article 73 (Extent of executive power of the Unio)

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

C. Article 162

D. Article 163 (Council of Ministers to aid and advise Governor)

Correct Answer: C

167. The doctrine of pleasure has not been mentioned in which Article of the Constitution of India?

A. Article 75(2) (Other provisions as to Ministers)

B. Article 76(2) (Attorney General for India)

C. Article 310(1) (Tenure of office of persons serving the Union or a State)

D. Article 316(2)

Correct Answer: D, Appointment and term of office of members

168. Eleventh Schedule to the Constitution of India does not deal with

A. Family welfare

B. Drinking water

C. Urban planning

D. Fuel and Fodder

Correct Answer: C

169. Who is the author of “Anatomy of Law”

A. Salmond

B. Lon Fuller

C. Oppenheim

D. Bentham

Correct Answer: B

170. Which of the following theories relating to legal rights has been propounded by Ihering?

A. Will theory

B. Concession theory

C. Realist theory

D. Interest Theory

Correct Answer: D

171. Who said “Law grows with the growth and strengthens with the strength of the people, and finally dies away as the nation loses its nationality?

A. J. Stone

B. Feinberg

C. Von Savigny

D. Maine

Correct Answer: C

172. Which school of jurisprudence believes that there are more important obligations, higher ideals, than obedience to the positive law of the State

A. Historical School

B. Functional School

C. Natural Law School

D. Analytical School

Correct Answer: C

173. Which of the following is an incorrect match?

A. Rawls-A theory of Justice

B. Kelsen- Pure theory of law

C. Fitzmaurice-Monism

D. Grotious-Mare liberum

Correct Answer: C

174. According to kelsen the validity of a norm is based on:

A. Adaptability of the norm

B. Receptiveness of the norm

C. Effectiveness of the norm

D. Both A and C

Correct Answer: C

175. Who said “Jurisprudence is the formal science of positive law”?

A. Salmond

B. Stone

C. Austin

D. Holland

Correct Answer: D

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