Solved Question Paper of DU LLM Entrance Test, 2014 with Explanation

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1. Which one of the following make an agreement void?

A. Mistake of one of the parties

B. Mistake of law

C. Mistake of a foreign law

D. Mistake of fact by both the parties

Correct Answer: D, S/20. Agreement void where both parties are under mistake as to matter of fact

2. Which of the following pairs is incorrect?

a. Rebus sic stantibus Non-parties may accede to a treaty
b. Pacta sunt servanda Every treaty in force is binding upon the parties to it and must be performed by them in good faith.
c. Opinio juris sive necessitates The states should follow a particular practice not as a matter of convenience but as an obligation.
d. Pacta terries nec nocent nec prosunt Treaties neither impose obligations nor confer rights on third parties.

Correct Answer: a, the legal doctrine allowing for a contract or a treaty to become inapplicable because of a fundamental change of circumstances

3. In which of the following cases, General Principles of law recognized by civilized nations was applied?

A. Lotus case, 1927

B. Asylum case

C. Islands of Palmas case, 1928

D. Anglo-Norwegian Fisheries Case

Correct Answer: C

4. “Recognition of Government is unnecessary” is also known as:

A. Estrada doctrine

B. Rebus sic stantibus

C. Calvo clause

D. De facto Recognition

Correct Answer: A

5. In which of the following cases, the issue of right of innocent passage was decided by the ICJ?

A. North Sea continental shelf cases (the equidistance method is not obligatory for the delimitation of the areas)

B. Corfu channel case

C. Anglo Norwegian Fisheries case

D. Lotus case

Correct Answer: B

6. Can a receiving state declare any member of the diplomatic staff of the sending state as persona non grata under Vienna Convention on Diplomatic Relations, 1961?

A. Yes, no reasons are to be given for doing so.

B. No, as the Vienna Convention on diplomatic relations specifically prohibits it.

C. Yes, but it has to give detailed reasons for doing so and justify its case.

D. No, as there is no such provision in the Vienna Convention on Diplomatic relations.

Correct Answer: A

7. Which of the following pairs is correct?

a. LaGrand case, 2001 Application of customary international law
b. Anglo Norwegian Fisheries case Delimitation of territorial sea
c. Nottebohm case Use of Force
d. Nicargua v. United States Delimitation of Continental Shelf

Correct Answer: b,

a. Correct Answer: Vienna Convention on Consular Relations.

c. Correct Answer: Nationality

d. Correct answer: Use of Force

8. Which of the following statements is correct about Hugo Grotious?

A. He wrote mare clausum

B. He was a positivist

C. He belonged to Britain

D. He secularized the concept of law of nature and considered it as an independent source of international law.

Correct Answer: D, Natural Law

9. Who gave the concept of “common heritage of mankind” for seabed and the ocean floor beyond national jurisdiction?

A. Kelsen

B. Selden

C. Arvid Pardo

D. G.C. Chesire

Correct Answer: C

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

A. Anzilloti

B. Brierly

C. Oppenheim

D. Bentham

Correct Answer: A

11. Nemo judex in causa sua was applied as a general principle of law recognized by civilized nations in:

A. LaGrand case, 2001

B. Chorzow Factory case, 1927

C. Island of Palmas case, 1928

D. U.N. administrative Tribunal Case, 1954 (Effect of Awards of Compensation Made by the United Nations Administrative Tribunal)

Correct Answer: B

12. Which of the following has not been dealt with by the four Geneva Conventions of 1958 on various zones of the sea?

A. Territorial sea

B. Contiguous zone

C. Continental shelf

D. Exclusive Economic zone

Correct Answer: D

13. Who considered customary international law as a part of common law?

A. Hall

B. William Blackstone

C. Bentham

D. Triepel

Correct Answer: B

14. Which of the following statements is correct in the light of Article 38(1) of statute of International Court of Justice?

A. teachings of the most highly qualified publicists is a secondary source of international law.

B. Judicial decisions on international bodies are primary source of international law.

C. General Assembly Resolutions are secondary source of international law.

D. Equity is a secondary source of international law

Correct Answer: A

15. Which of the following statement is known as:
“Disputes arising out of contract shall be referred to municipal courts of state which grants concession”

A. Estrada Doctrine

B. Monism theory

C. Calvo clause

D. Jus Cogens (Preemptory norms)

Correct Answer: C

16. Which of the following has been dealt with specifically by the Agreement of 1994 relating to the implementation of Part XI of the UN Convention on Law of the Sea?

A. Fishing at the High seas

B. Seabed mining

C. Surplus of the allowable catch by landlocked and geographically disadvantaged states in the Exclusive Economic Zone of coastal states

D. Contiguous zone

Correct Answer: B

17. Which of the following treaties provides for the rights of individuals to petition to the Human Rights Committee?

A. International Covenant on Civil and Political Rights

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

C. Universal Declaration of Human Rights

D. Second optional protocol to the International Covenant on Civil and Political Rights.

Correct Answer: B

18. The dispute relating to the compulsory jurisdiction of ICJ on states is decided by:

A. Party against which the jurisdiction of ICJ is invoked.

B. Party which invokes the jurisdiction of ICJ

C. International Court of Justice

D. General Assembly on the recommendation of the security council

Correct Answer: C

19. The continental shelf of a state may at the maximum extend upto:

A. 100 nautical miles from the baseline

B. 500 nautical miles from the baseline

C. 350 nautical miles from the baseline

D. 24 nautical miles from the baseline

Correct Answer: C, Article 76 of UN Charter

20. According to U.N. Convention on Law of the Sea, the Coastal state shall give the landlocked states access to surplus of the allowable catch in:

A. Territorial Sea

B. Contiguous zone

C. Exclusive Economic zone

D. All the above

Correct Answer: C

21. If a party to dispute fails to perform its obligations under the decision of International Court of Justice, the other party may have recourse to:

A. Security Council

B. General Assembly

C. International Court of Justice again

D. None of the above, as the decisions of the ICJ do not have binding force and are of moral value only

Correct Answer: A

22. Continental Margin of a coastal state means:

A. Shelf + Slope only

B. Shelf + slope + Rise

C. Shelf + Slope + Rise + Abyssal Depth

D. None of the above

Correct Answer: B

23. “The rule requires that “local remedies” shall have been exhausted before an international action can be brought. These “local remedies” include not only reference to the courts and tribunals, but also the use of the procedural facilities which municipal law makes available to litigants before such courts and tribunals.”
In which of the following cases, the above observation was made?

A. ambatielos arbitration (Greece v. U.K.), 12 RIAA 83 (1956)

B. Finnish ships Arbitration, 3 RIAA 1479 (1934)

C. El Oro Mining and Railway Co. case (Great Britain v. Mexico), 5 RIAA 191 (1931)

D. Interhandel Case (Preliminary Objections) ICJ Rep. 1959

Correct Answer: A

24. Who was not a supporter of constructive theory of recognition?

A. Anzilotti

B. Kelsen

C. Lauterpacht

D. Kunj

Correct Answer: D

25. According to Article 51A of the constitution which among the following are correct?

1. It shall be the duty of every state to protect monuments of national importance.

2. It shall be the duty of every citizen of India to uphold and protect the sovereignty, unity and integrity of India.

3. The state shall take steps to protect and improve the environment and to safeguard the forest and wild life of the country.

4. it shall be the duty of every citizen of India to develop the scientific temper, humanism and the spirit of inquiry and reform.

Choose your answer from the following options:

A. 1 and 3 only

B. 2 and 4 only

C. 1 and 2 only

D. 3 and 4 only

Correct Answer: B

26. Article 368(2) reads: “An amendment of this constitution may be initiated only by the introduction of a Bill for the purpose in _A_, when the bill is passed in _B_, it shall be presented to the President who shall give his assent to the Bill and thereupon the constitution shall stand amended in accordance with the terms of the Bill.”
Fill in the blanks A and B. Choose your answer from the following:

A. A) either house of parliament, B) each house by a majority of the total membership of that House and by a majority of not less than 2/3rds of the members of that House Present and Voting.

B. A) the upper house of Parliament, B) that house with simple majority of the total membership of that House

C. A) the lower house of Parliament, B) the other House with a majority of the total membership of that House present and voting.

D. A) either House of Parliament, B) by a special majority of that House present and voting

Correct Answer: A

27. Which part of the constitution was adopted last by the constituent assembly?

A. the Preamble

B. Citizenship

C. Fundamental Rights

D. Directive Principles

Correct Answer: A

28. The president’s resignation has to be addresses to the _A_, who shall forthwith communicate the same to the _B_

A. A) CJI, B) Vice-president

B. A) Vice-president, B) Minister of India

C. A) Speaker of the Rajya Sabha, B) Vice President

D. A) Vice President, B) Speaker of the House of People

Correct Answer: D, Article 56

29. According to the constitution of India, the seat of the Supreme Court

A. Shall only be in Delhi

B. May also be in such other place or places, as the prez may decide in consultation with the CJI, from time to time.

C. May also be in such other place or places, as the CJI may, with the approval of the President, from to time; appoint

D. May also be in such other places, as the Parliament may by law decide, from time to time.

Correct Answer: C, Article 130

30. Article 19 gets suspended automatically on the proclamation of emergency on the ground of proclamation is:

A. Communal riot

B. War of external aggression

C. Internal disturbance

D. Financial instability

Correct Answer: B

31. According to Constitution of India, any law made by the Parliament during the Proclamation of Presidents Rule under Article 356:

A. shall continue to be in force until altered or repealed or amended by a competent legislature

B. shall continue in force for 2 months more after the proclamation has ceased to operate

C. becomes operative after a period of 3 months after the proclamation has ceased to operate

D. becomes inoperative after the proclamation has ceased to operate.

Correct Answer: A

32. The fundamental right enshrined under Article 19(1)(f) was omitted by:

A. The 21st Amendment

B. The 25th Amendment

C. The 42nd Amendment

D. The 44th Amendment

Correct Answer: D, Right to property

33. Article 14 is conferred on

A. Natural Persons only

B. Natural and Juristic persons

C. Juristic persons only

D. States only

Correct Answer: B

34. In which case did the SC observe that “Equality of opportunity admits discrimination with reason and prohibits discrimination without reason?”

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

B. Air India v. Nargesh Mirza (Conditions of Srvice-Discrimination)

C. Ajay Hasia v. Khalid Mujib (Definition of State)

D. Anwer Ali Sarkar v. State of West Bengal (Relating to Article 14)

Correct Answer: A

35. If any question as to the age of a judge of a high court, it shall be decided by:

A. The CJI after consultation with the CJ of High Court concerned

B. The CJ of High Court concerned in consultation with the Governor of the State

C. The president of India after consultation with the CJI

D. A collegium of judges

Correct Answer: C

36. If the Prez of India is to be impeached for violation of the constitution, the charge shall be preferred by:

A. Rajya Sabha only

B. Lok Sabha only

C. Either House of Parliament

D. Joint Parliamentary Sesion

Correct Answer: C, Article 61

37. The speaker of the Lok Sabha can resign his office by addressing his resignation to:

A. The President

B. The Vice President

C. The Prime Minister

D. The deputy speaker

Correct Answer: D

38. Point out the incorrect match

A. G.K. Krishnan v State of Tamil Nadu – Freedom of trade

B. K.C. Gajapati Narayan Deo v. State of Orissa – residuary powers

C. Zaverbhai v. State of Bombay – repugnancy

D. State of Bombay v. F.N. Balsara – Doctrine of severability

Correct Answer: B, Doctrine of Colourable legislation

39. All civil and judicial authorities in the territory of India shall act in aid of the SC has been prescribed under

A. Article 132 (Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases)

B. Article 135(Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court)

C. Article 144

D. Article 261 ( Public acts, records and judicial proceedings Full faith and credit shall be given throughout the territory of India to public acts, records and judicial proceedings of the Union and of every State)

Correct Answer: C

40. The Judge of the SC is appointed

A. by president after consulting CJI and 2 judges of the SC

B. by prez after consulting the collegium of 4 judges and the CJI

C. by Prez after consulting the Union Council of Ministers

D. by Prez after consulting the collegium of judges, council of Ministers and judges of the High Courts

Correct Answer: C

41. Point out the incorrect pair

a. Article 83- Qualification for membership of Parliament
b. Article 137- SC’s power of review
c. Article 256 – Power of Union to issue directions
d. Article 317 – Removal and suspension of a member of a Public Service Commission

Correct Answer: A, Duration of Houses of Parliament

42. Which of the following statement is correct?

A. the American doctrine of waiver of fundamental rights is part of the Indian Constitution.

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

C. A non-citizen can waive his fundamental rights.

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

Correct Answer: B

43. ‘Catch-up rule’ evolved by the SC in Union of India v. Virpal Singh was eliminated by which amendment of the Constitution?

A. 81st Amendment

B. 82nd Amendment

C. 85th Amendment

D. 93rd Amendment

Correct Answer: C, In 2001, Parliament negated the Catch-Up Rule that the Court had introduced in Virpal Singh(1995) and Ajit Singh (1996). In the 85th Amendment, Parliament amended Article 16(4A) and introduced the principle of Consequential Seniority to promoted SC/ST candidates.

44. Under which of the following 2 provisions, the President has to act not on the advice of the Union Council of Ministers but on the advice of some other constitutional authorities?

A. Articles 356 and 72

B. Articles 356 and Article 103(1)

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

D. Articles 217(3) and 356

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

45. Under the Constitution ‘Doctrine of Eclipse’ applies

A. To all post-constitutional laws but only in respect of non-citizens.

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

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

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

Correct Answer: B

46. “Right to life” does not include “Right to die”. It has been held in

A. R Rathinam v UOI

B. D.K. Basu v. State of West Bengal

C. Gian Kaur v. State of Punjab

D. State of Maharashtra v. Maruti Sharipati Dubal

Correct Answer: C

47. Hans Kelsen enjoys the credit of formulating-

A) Pure theory of law

B) imperative theory of law

C) Best result theory of law

D) All of the above

Correct Answer: A

48. Which statement below is the least likely to follow logically from Savigny’s notion of a Volkgeist?

A. A society’s law is a reflection of its culture

B. Law is like language

C. Law is influenced hugely by religion

D. Law is an integral element of the social fabric.

Correct Answer: C

49. Maine’s famous aphorism that ‘the movement of progressive societies has hitherto been a movement from status to contract’ is often misunderstood. In what way?

A. His idea is considered inapplicable to western legal systems

B. It is misinterpreted as a prediction

C. Because status can never lead to contract

D. Because status and Contract are 2 unrelated concepts

Correct Answer: B

50. Which of the following correlatives contradict Hohfield’s scheme of ‘jural relations’?

A. Right and duty

B. Privilege and no-right

C. Power and liability

D. Immunity and misery

Correct Answer: D

51. To which of the following jurisprudential approaches/schools of thought does the work of John Rawls could best be described to fall in?

A. Postmodernism

B. Liberal Positivism

C. Legal Positivism

D. Race theory

Correct Answer: B

52. What is natural law?

A. State law

B. Law that is derived from higher, aspirational principles and values.

C. A philosophy that developed from religious ideas

D. Preemptory norms

Correct Answer: B

53. The ____ school of jurisprudence postulates that the law is based on what is “correct”.

A. Natural Law

B. Sociological

C. Analytical

D. Historical

Correct Answer: A

54. According to one of the theories of punishment, ‘evil should be returned by evil’. This theory is known as the

A. Deterrent theory

B. Retributive theory

C. Preventive theory

D. Reformative theory

Correct Answer: B

55. The most important instrument of legal reform is:

A. Legislation

B. Custom

C. Precedent

D. Writings of legal expert

Correct Answer: A

56. Animus Possidendi means

A. Forceful Possession

B. Possession

C. Intent to exclude others from interference in possession

D. Intent to keep others in possession

Correct Answer: C

57. Who among the following jurists had defined’ ownership’ as a right over a determinate thing indefinite in point of user, unrestricted in point of disposition and unlimited in point of duration?

A. Austin

B. Bentham

C. Holland

D. Salmond

Correct Answer: A

58. The fault of the Historical School of Jurisprudence lies in

A. Recognizing the empirical basis of law

B. not recognizing the empirical basis of law

C. holding that law is a product of social evolution.

D. identifying custom with law itself.

Correct Answer: D

59. Which one of the following statements is true-

A. The analytical method which Austin applied was undoubtedly of German rights.

B. The method applied by Austin was the method already adopted by the Americans

C. Austin’s Analytical method was the same as what was used by some Roman.

D. The method of Austin was not borrowed from anywhere but was of English origin.

Correct Answer: D

60. “I have right to do as I please. “The term ‘right’ in this statement refers to

A. Claim

B. Power

C. Liberty

D. Immunity

Correct Answer: C

61. The rule of social engineering was propounded by-

A. Roscoe Pound

B. Stammler

C. Ihering

D. Dworkin

Correct Answer: A

62. The basis hypothesis given by Kelsen is-

A. Volkgeist

B. Grundnorm

C. Primary Obligation

D. Sovereignty

Correct Answer: B

63. Negligence is not a particular state of mind but is particular kind of conduct. This is known as-

A. Subjective theory of Negligence

B. Objective theory of negligence

C. Retributive theory of negligence

D. Distributive theory of negligence

Correct Answer: B

64. If a norm is for long disregarded in practice and the courts no longer follow it in deciding cases; such a disuse of norms is called as-

A. Desuetude

B. Staticness

C. Nomodynamics

D. Repulsion

Correct Answer: A

65. The corpus of law was classified by Austin, which is the odd one out-

A. Positive law

B. Divine law

C. Positive morality

D. Law by metaphysics

Correct Answer: D

66. What is Blackstonian Doctrine?

A. Customary International law is part of common law.

B. Customary International law is part of civil law.

C. Customary International law becomes part of law of the land ultimately

D. Customary international law can never become a part of the law of the land

Correct Answer: A

67. Who propounded the theory ‘Justice as fairness’-

A. Rawls

B. Nozick

C. Stammler

D. Ihering

Correct Answer: A

68. The notion of “distributive justice” was conceived by

A. Cicero

B. Aristotle

C. Montesquieu

D. Machiavelli

Correct Answer: B

69. The thesis “Taking Rights Seriously” was written by

A. Justice Douglas

B. Ronald Dworkin

C. Radbruch

D. Bhikhu Parekh

Correct Answer: B

70. The codified Roman Law is known as

A. Jus Gentium

B. Jus Civile

C. Corpus Juris

D. None of the above

Correct Answer: C

71. Duguit’s most important contribution to the field of jurisprudence is the concept of

A. Grundnorm

B. Volkgeist

C. Living law

D. Social solidarity

Correct Answer: D

72. “Law is reason free from all passion.” This was said by

A. Plato

B. Aristotle

C. St. Thomas Acquinas

D. Hobbes

Correct Answer: B

73. The political theory of separation of powers between legislature, executive and judiciary was given by

A. Rosseau

B. Kant

C. hegel

D. Montesquieu

Correct Answer: D

74. Which of the following acts invites tortuous liability and is not saved by the doctrine “Volenti non fit injuria?”

A. A surgeon amputates a limb of a patient to save his life.

B. Injury is caused while play-fighting with the naked swords at a religious function.

C. Injury is caused to a player in a football match.

D. Injury is caused while doing lawful acts under contract.

Correct Answer: B

75. Right of divorce to a wife under Section 13(2) of Hindu Marriage Act, 1955 is available to the wife

A. If the offence of rape, sodomy, or bestiality is prior to the marriage of the petitioner.

B. If the offence of rape, sodomy or bestiality is subsequent to the marriage of the petitioner.

C. If the offence of rape, sodomy or bestiality is either prior or subsequent to the marriage of the petitioner

D. Only A and not B or C

Correct Answer: B

76. A major portion of the constitution of India is derived from the

A. Constitution of UK

B. Constitution of USA

C. Government of India Act, 1935

D. Indian Independence Act, 1947

Correct Answer: C

77. Which schedule of the Constitution makes special provisions for the administration and control of Scheduled Areas and Scheduled Tribes

A. 4th schedule (Allocation of seats in the Rajya Sabha (the Upper House of Parliament) per State or Union Territory)

B. 5th schedule

C. 6th schedule (Provisions as to the Administration of Tribal Areas in the States of. Assam, Meghalaya, Tripura and Mizoram)

D. 11th schedule (Panchayats)

Correct Answer: B

78. The power to determine the number of judges in a High Court lies with the

A. President of India

B. Government of India

C. Governor of the State

D. Parliament of India

Correct Answer: A

79. Which one of the following is not a constitutional body?

A. Language Commission

B. Planning Commission

C. Election Commission

D. Finance Commission

Correct Answer: B

80. Libel is addressed to the eye, slander to the ear. State which of the following statements amount to libel

A. Words uttered by the characters on the cinema screen

B. Abuses recorded in the gramophone disc

C. word uttered by the characters on the dramatic stage.

D. Both A and B

*Wrong Question*

Correct Answer: A & C

Libel and slander are two types of defamation i.e. false communication regarding someone’s reputation. Libel is publication against someone’s reputation and can be in the form of photos, videos, cartoons, films, CDs etc. and hence is said to be addressed to the eye. On the other hand, slander is a statement in a temporary form and can take form of spoken words or even gestures and therefore is said to be addressed to the ears.

81. In which of the following situations is communication treated as published and defamatory

1. Dictating a letter to one’s typist containing defamatory content about another.

2. sending defamatory letter to the plaintiff in a language supposed to be known to the plaintiff.

3. the husband writing a letter to his wife containing defamatory aspersions concerning her father.

4. when a libelous letter addressed to the plaintiff is, in the ordinary course of business, opened by his clerk.

Select the correct answer using the code given below:

A. 1,2 and 4

B.1,3 and 4

C. 3 and 4

D. 1 and 4

Correct Answer: D

82. X a fruit dealer, gives his agent Y a van for the supply of fruits to the customers. Y goes for free ride with his friend Z, and commits an accident resulting in an injury to A. Which one of the following is correct?

A. X is liable

B. Y is liable

C. Z is liable

D. X,Y and Z are liable

Correct Answer: B

83. The ILC Draft Code on Responsibility of states for internationally Wrongful acts of 2001 lays down ____ as a form of reparation for the injury caused by internationally wrongful act.

A. Satisfaction

B. Succession

C. Retaliation to the extent decided by the injured state.

D. Servitude

Correct Answer: A

84. AVM Dias describes power, coupled with the duty to exercise that power as-

A. Discretionary Power

B. Administrative Power

C. Ministerial Power

D. Absolute Power

Correct Answer: C

85. Hans Kelsen talked about-

A. Validity and rigidity of norms

B. Validity and Continuity of norms

C. Validity and effectiveness of norms

D. Validity and Solidity of norms

Correct Answer: C

86. In the Indian Context as wrongful act in order to be a crime must be

A. Legal Wrong

B. a moral wrong

C. a legal as well as moral wrong

D. A state wrong

Correct Answer: Question scrapped

87. How significant is “motive” in determining the criminal liability of an accused?

A. relevant

B. Irrelevant

C. Absolute necessary

D. Depends upon the facts and circumstances of every case

Correct Answer: D

88. In criminal trials, whenever an accused pleads that his case is covered under any of the general exceptions laid down under Part IV of the IPC, the burden of proof lies on

A. The prosecution always

B. the accused, and he had to prove his innocence beyond reasonable doubt.

C. The accused, and he has to prove his innocence on a preponderance of probabilities.

D. State and it is to be discharged by the prosecutor.

Correct Answer: C

89. Which of the following is not available as a defence in criminal acts?

A. Private defence

B. Infancy

C. Necessity

D. Mistake of law

Correct Answer: D

90. A person who assists a criminal after the commission of the crime with a view to shield him from the arm of law is known as

A. Principal of the 1st degree

B. Accessory after the fact

C. Principal of the 2nd degree

D. Abettor post facto

Correct Answer: B

91. The term ’dishonestly’ as defined under Section 24 of the IPC implies

A. an act done with the intention of causing wrongful gain to one person or wrongful loss to another.

B. Act done with intent to defraud

C. An act done mala-fide

D. An act done with intent to cheat

Correct Answer: A

92. ‘P’ instigates ‘Q’ to instigate ‘R’ to kill ‘S’. ‘Q’ instigates ‘R’ and ‘R’ kills ‘S’. What is ‘PS’ liable for?

A. Same punishment as ‘Q’

B. Lesser Punishment than ‘Q’

C. No punishment as his connection with the crime is remote.

D. Fine only

*Question scrapped*

Correct Answer: S/108-Abettor, Murder

93. Which of the following offences is punishable at the stage of preparation itself?

A. Murder

B. Dowry Death

C. Dacoity

D. All of the above

Correct Answer: C

94. Failure to record FIR in case of offences affecting the modesty and dignity of woman are punishable under

A. Section 154 of the IPC (Owner or occupier of land on which an unlawful assembly is held)

B. Section 157 of the IPC (Procedure for investigation preliminary inquiry)

C. Section 166A of the IPC

D. Section 165 A of the IPC (Rep. by the Prevention of Corruption Act, 1988 (49 of 1988), s. 31.)

Correct Answer: C

95. Disclosure of the identity of rape victims has been expressly barred from disclosure under which section of the Indian Penal Code, 1860?

A. Section 376E (Punishment for repeat offenders)

B. Section 228A

C. Section 229A (Failure by person released on bail or bond to appear in Court)

D. Section 166B (Punishment for non treatment of victim)

Correct Answer: B

96. Section 164 of the CrPC provides the procedure for recording of

A. Admissions

B. Confessions

C. Statements

D. Both B and C

Correct Answer: D

97. Whoever destroys or moves any landmark fixed by the authority of a public servant shall be held guilty of

A. Public nuisance under Section 268 IPC

B. Mischief under Section 434 IPC

C. Negligent conduct with regard to public property under Section 288 IPC

D. No offence as public property belongs to the public

Correct Answer: B

98. For an offence punishable with fine only, the period of limitation prescribed under Section 468 of the CrPC is:

A. 3 months

B. 6 months

C. one year

D. two year

Correct Answer: B

99. Under Section 73 of the IPC, the maximum time for which a person may be kept in solitary confinement is:

A. 1 month

B. 3 months

C. 6 months

D. 1 year

Correct Answer: B

100. Use of violence by a member of assembly consisting of 20 persons in furtherance of their common object will constitute.

A. Unlawful assembly

B. Assault

C. Rioting

D. Affray

Correct Answer: C

101. A husband beat his wife due to which she left the home saying that she would jump into a well. She tried to jump into the village well but a passerby caught her before she could jump. She would be guilty of

A. Attempt to culpable homicide

B. Attempt to commit suicide

C. Criminal intimidation

D. No offence

Correct Answer: B

102. ‘A’ and ‘B’ agreed to kill ‘C’ by giving him a soft drink laced with poison. But before they could do so they are apprehended. They would be guilty of

A. No Crime

B. Criminal Attempt

C. Criminal Conspiracy

D. Criminal Preparations

Correct Answer: C

103. Raghu is fond of fast driving and often goes on long drives at fast speed in the early hours of morning when there is less traffic on the roads. One morning he sees a large group of school children assembled outside the school at 5 a.m. in the morning as they were to be taken on a school trip. He does not slow down his car and drives through that group thereby killing a child and injuring several others. He is guilty of

A. Murder

B. Culpable homicide not amounting to murder.

C. Criminal Negligence

D. No offence as he never intended to kill anyone

Correct Answer: A

104. In a criminal trial, during examination-in-chief or re-examination, leading questions

A. Cannot be asked under any circumstances

B. Can be asked

C. Can be asked on certain matters, but only with the permission of the court

D. None of the above

Correct Answer: C

105. Under Section 98 of the IPC the right of private defence is also available against

A. Person of unsound mind

B. An intoxicated person

C. A person who does not have maturity of understanding

D. All of the above

Correct Answer: D

106. Which of the following persons are not exempted from criminal prosecution under the provisions of the IPC, 1860?

A. Foreigners

B. President of India

C. Governors of any Indian State

D. None of the above

Correct Answer: D

107. ‘A’ and ‘B’ were sworn enemies in school. ‘A’ had pushed ‘B’ due to which he fell down and his two front teeth were knocked out. ‘B’ was looking for an opportunity to settle scores and once after school he challenged ‘A’ to a duel and gave him punch on his face with intent to knock out his teeth, but he missed the aim the blow landed on the right eye of ‘A’ due to which he lost his eyesight in the right eye. Here ‘B’ would be liable for

A. Voluntarily causing hurt

B. Voluntarily causing grievous hurt

C. No offence as he never intended to inflict the injury in question.

D. He would get benefit of free fight

Correct Answer: B

108. ‘Z’ causes the death of ‘A’ with a very blunt object. According to postmortem report, multiple injuries were on the non vital parts of the body and none of these injuries were sufficient in the ordinary course of nature to cause death. However, cumulatively, they were sufficient to cause death. What offence has ‘Z’ committed?

A. Murder

B. Culpable Homicide not amounting to murder

C. Grievous hurt

D. No offence

Correct Answer: A

109. ‘A’ is at work with a hatchet; the head flies off and kills a man who is standing nearby. If ‘A’ has exercised proper caution, what is the offence that he has committed?

A. Culpable Homicide not amounting to murder.

B. Causing death by rash and negligent act

C. Grievous hurt

D. No offence

Correct Answer: D, 80. Accident in doing a lawful act

110. ‘Z’ got involved in an accident and dies. ‘A’, who was part of rescue team, took the wallet out of his dead body and kept all money in his possession and eventually spent it. What offence, if any has, he committed?

A. Theft

B. Robbery

C. Cheating

D. Dishonest misappropriation

Correct Answer: D

111. ‘A’ slipped into a pit filled with rain water. While slipping he caught hold of a nearby electricity hole to avert the fall. Due to leakage of electricity in the pole, he was electrocuted. Can the electricity board be held responsible?

A. Yes, Electricity Board should take care that there is no pit near electricity poles.

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

C. No, A was wrong in catching hold of the pole on a rainy day.

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

Correct Answer: B

112. Innuendo means:

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

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

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

D. Statement which is not defamatory

Correct Answer: A

113. A, though involved in a motor accident, remained physically unhurt but suffered Myaglic Encephalomyelitis, a psychiatric illness with which he had earlier suffered but which was then in remission. He claimed damages from the driver of the motor car. Will he succeed?

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

B. No, he has not suffered any physical injury

C. Yes, he has suffered injuries by shock.

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

Correct Answer: D

114. The Supreme Court brought services provided by medical professionals within the ambit of Consumer Protection Act, 1986 in the case of:

A. Spring Meadows Hospital v. Harjo Ahluwalia

B. Indian Medical Association v. V.P. Shantha

C. Vishakha v. State of Rajasthan

D. P. Narsimha Rao v. G. Jayaprakash

Correct Answer: B

115. A, who was about to compete in a car rally, asked his friend B to drive A’s car from Delhi to Chandigarh so as to meet A there at the end of the rally. B was to bring in the car a suitcase for A and after the rally they both were to take the car and go to Shimla. B departed from Delhi but, before reaching Chandigarh, negligently collided with C’s car which was damaged. C claimed damages from A and B.

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

B. Only A can be held liable as he was driving the car.

C. Neither A nor B can be held liable.

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

Correct Answer: D

116. A woman was alighting from a tram car when a speeding reckless motorcyclist collided with a motor car little away in the centre of the road. In that collision the negligent motorcyclist was killed on the spot. The woman heard the bang and saw the blood on the road thought not the body of the injured man. She was in an advanced stage of pregnancy. Due to the nervous shock sustained by her, she gave birth to a still born baby. She sued the representatives of the motorcyclist to recover damages. Which one of the following propositions is correct in a leading case?

A. She can recover damages as the deceased owed duty to care towards her.

B. She cannot recover damages as the death of the motorcyclist extinguished all his liabilities.

C. She cannot recover damages as the deceased owed no duty of care towards the woman even though he was negligent towards the motorist

D. None of the above

Correct Answer: C

117. A railway company was authorized by law to run railway trains on a track. The sparks from the engine set fire to the adjoining property belonging to the plaintiff. Which one of the following defences will be most appropriate for the defendant to raise in action for nuisance by the plaintiff?

A. Public good

B. Reasonable act in conduct of business

C. Remoteness of damage

D. Statutory authority

Correct Answer: D

118. For a person to succeed in a suit for malicious prosecution, which combination form the five factor must be proved?

1. Prosecution has ended in favour of defendant
2. Prosecution has ended in favour of plaintiff
3. Presence of malice
4. Absence of malice
5. Prosecution was without reasonable cause.
Select the correct answer using code given below:

A. 1, 3 and 5

B. 1,4 and 5

C. 2 and 4

D. 2,3 and 5

Correct answer: D

119. Defence of absolute privilege is available in which of the following cases?
1. Publication of proceedings in Parliament
2. Publication of Proceedings in a court
3. Publication of a report of the proceeding in parliament
4. Publication of fair comment on judicial proceedings
5. Publication of matters of public interest.
Select the correct answer using code given below:

A. 1, 2 and 3

B. 2,3 and 4

C. 1,3 and 5

D. 3,4 and 5

Correct Answer: A

120. The rule laid down in Re Polemis case is that the defendant shall be liable for all

a. direct consequence of his act

B. direct consequences of his act if he could foresee some damage to the plaintiff from his act.

C. direct consequences of his act only if he could foresee the kind of damage which has actually occurred.

D. forseeable damage.

Correct Answer: B

121. Which of the following statements is incorrect?

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

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

C. Rule of absolute liability does not require escape of dangerous thing from defendants.

D. None of the above

Correct Answer: D

122. Which of the following is not correctly matched?

a. Damnum sine injuria Town area Committee v. Prabhu Dayal
b. Act of God Smith v. Charles Baker
c. Defamation Cassidy v Daily Mirror Newspaper
d. Volenti non fit injuria Haynes v. Harwood

Correct Answer: b

123. Which one of the following defences did the defendants in the case of Donoghue v. Stevenson not plead?

A. The manufacturer did not owe any duty of care towards the consumer of the ginger beer which was gifted to her by her friend.

B. The plaintiff was a stranger to the contract and therefore, her action was not maintainable.

C. The incident could not be prevented by the standard of foresight of the reasonable man

D. The “privity of contract policy” be applicable and there would be no liability of the manufacturer

Correct Answer: C

124. Which one of the following statements illustrates the principle of contributory negligence?

A. The plaintiff by his own want of care contributes to the damage caused by the negligence or wrongful conduct of the defendant.

B. to be guilty of contributory negligence, the plaintiff should have acted like a prudent man.

C. A person who comes to court must come with clean hands.

D. The plaintiff’s negligence means breach of duty towards defendant.

Correct Answer: A

125. Select the essential elements for the defence of ‘fair comment’ in tort of defamation from the following and indicate the correct answer in the codes given below the elements. The matter commented on must be:

1. of public interest
2. An assertion of fact
3. An expression of opinion
4. Fair
Select the correct answer using the code given below:

A. 1, 2 and 4

B. 1,3 and 4

C. 3 and 4

D. 1 and 3

Correct Answer: B

126. Which of the following defences in an action for tort on nuisance are non-effective defences?

1. Public good
2. Statutory authority
3. Nuisance due to acts of others
4. Reasonable care
Select the Correct answer using the code given below:

A. 2 and 3

B. 1,2 and 4

C. 1,3 and 4

D. 2 and 4

Correct Answer: C

127. The Supreme Court laid down in ____ that were the enterprise is engaged in hazardous or inherently dangerous activities and harm result to any one on account of accident, the enterprise is strictly liable to compensate all those who are affected by such accident?

A. Union Carbide Corporation v. Union of India

B. M.C. Mehta v. Union of India

C. Charan Lal Sahu v. Union of India

D. Pondyal v. Union of India

Correct Answer: B

128. In which of the following cases did the Supreme Court of India give a ruling that sovereignty immunity of the state is subject to fundamental rights?

A. State of rajasthan v. Vidyawati

B. Shyam Sunder v. State of Rajasthan

C. Kasturi Lal Ralia Ram Jain v. State of U.P.

D. Peoples Union for Democratic v. State of Bihar

Correct Answer: D

129. Under the Consumer Protection Act, 1986, a complaint has to be filed in Consumer forum within

A. 3 months from the date on which the cause of action has arisen

B. 6 months from the date on which then cause of action has arisen.

C. 1 year from the date on which the cause of action has arisen.

D. 2 years from the date on which the cause of action has arisen.

Correct Answer: D

130. An appeal against an order made by the National Consumer Disputes Redressal Commission lie to:

A. The High Court

B. The Supreme Court

C. The National Consumer Disputes Redressal Tribunal

D. No appeal can be filed

Correct Answer: B

131. Under the Consumer Protection Act 1986, “service” include service of any description which is made available to a potential user:

A. Under contract of personal service

B. Under a contract for personal service

C. Free of charge

D. All of the above

Correct Answer: B, S/2(42)

132. Which of the following disputes cannot be raised before the Consumer Forum?

A. A dispute relating to service conditions or retiral benefits of a government servant.

B. A dispute relating to service provided by the medical professional.

C. A dispute relating to banking service.

D. A dispute relating to insurance services.

Correct Answer: A

133. If a person is a victim of an offence under IPC and such offence is also a tort e.g. in the case of defamation, negligence, nuisance etc. such a person can seem remedy through.

A. Civil Suit, for compensation under law of torts only.

B. Criminal cases, for fixing the criminal liability on the accused under the IPC only.

C. Both A and B

D. Neither A nor B

Correct Answer: C

134. Degrees of Prohibited relationship include relationship by

A. Full blood

B. half or uterine blood

C. Adoption

D. All of the above

Correct Answer: D

135. Propositions are:

I. A void marriage remains valid until a decree annulling it has been passed by a competent court.
II. A void marriage is never a valid marriage and there is no necessity of any decree annulling it.
III. A voidable marriage is regarded as a valid subsisting marriage until a decree annulling it has been passed by a competent court.
In respect of the aforementioned proposition which combination is the most correct?

A. II and III are correct and II is incorrect

B. II and III are correct and I is incorrect

C. I, II and III all are correct

D. I and III are incorrect but II is correct

Correct Answer: B

136. A decree of nullity of marriage in case of voidable marriages, annuls the marriage

A. From the date of the decree

B. from the date of the petition.

C. From the date of marriage

D. from the date as directed by the court

Correct Answer: C

137. Section 18 of Hindu Marriage Act, 1955 prescribes punishment

A. for child marriage

B. for marriage between sapindas

C. for marriage between persons falling within the degrees of prohibited relationship.

D. All of the above

Correct Answer: D

138. A child born out of void marriage

A. is entitled to an interest in which his father is a coparcener.

B. is not entitled to an interest in which his father is coparcener.

C. may or may not be entitled to an interest in which his father is a coparcener.

D. protection of interest of such child is in discretion of the court.

*Question Scrapped*

Correct Answer: None of these, S/16(3) -Legitimacy of children of void and voidable marriages.

139. Withdrawal from the society of other within the meaning of Section 9 of the Hindu Marriage Act, 1955 means

A. refusal to have sexual intercourse

B. total repudiation of cohabitation

C. both A and B

D. either A or B

Correct Answer: C

140. During judicial separation the

A. Parties continue to be husband and wife but marital rights and obligations are suspended.

B. parties continue to be husband and wife and the marital rights and obligations remain intact.

C. parties continue to be husband and wife and other rights and obligations are suspended.

D. Parties cease to be husband and wife.

Correct Answer: A

141. Which of the following is incorrect regarding “desertion” as a ground for divorce-

A. The factum and animus deserendi must co-exist

B. the desetion should be without any reasonable cause.

C. The desertion should be without the consent of the other party.

D. The statutory period of one year must have run out before a petition is presented.

Correct Answer: D

142. The bar to entertain a petition for divorce operates for a period of:

A. Three years from the date of the marriage.

B. Two years from the date of the marriage.

C. One year from the date of the marriage.

D. None of the above.

Correct Answer: C, Section 14, No petition for divorce to be presented within one year of marriage

143. In proceedings for dissolution of marriage by mutual consent under Section 13 B of the Hindu Marriage Act, 1955 the parties have to move the court one again

A. after 18 months

B. after six months but before 18 months from the date of presenting the petition.

C. after six months but before 12 months from the date of presenting the petition.

D. after six months but before 4 moths from the date of presenting the petition.

Correct Answer: B

144. Order of Permanent alimony under Section 25 of Hindu Marriage Act, 1955 can be varied, modified or rescinded

A. If the party in whose favour the order has been passed remarries.

B. if the party in whose favour the order has been passed is wife, she has not remained chaste.

C. If the party is whose favour the order has been passed is the husband, he has sexual intercourse with any other woman.

D. All of the above.

Correct Answer: D

145. Section 28 of Hindu Marriage Act, 1955 provides for

A. Custody of minor children

B. Maintenance of minor children

C. Education of minor children

D. All of the above

*Question Scrapped*

Correct Answer: Appeals from decrees and orders

146. State the new right to wife to file a petition before the District Court within local limits of whose civil jurisdiction.

A. She is residing on the date of presentation of the petition.

B. She was residing previously

C. She is to reside permanently in the future course of the trial.

D. her husband is residing on the date of the petition.

Correct Answer: A, S/126 Cr.P.C.

147. Every appeal from Decrees or orders under Section 28 of Hindu Marriage Act, 1955 shall be preferred after 2003 within a period of ____ from the date of decree of order.

A. 90 days

B. 60 days

C. 45 days

D. 30 days

Correct Answer: A

148. Conversion of Muslim wife to a faith other than Islam

A. Shall not by itself operate to dissolve her muslim marriage.

B. shall by itself operate to dissolve her Muslim Marriage

C. Gives a ground to husband to file a petition for dissolution of marriage.

D. Gives a ground to the wife to file a petition for dissolution of marriage.

Correct Answer: A, S/4 of Dissolution of Muslim Marriage Act, 1939.

149. Which one of the following is not a ground for divorce provided by the Hindu Marriage Act, 1955?

A. Whereabouts of the respondent not known for a period of 7 years.

B. Imprisonment of the respondent for a period of four years.

C. respondent has renounced the world by entering into religious order.

D. Respondent ceased to be Hindu by conversion to another religion.

Correct Answer: B

150. A born Muslim 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

151. Ramesh and Rani file a joint petition for a decree of divorce by mutual consent under the Hindu Marriage Act, 1955. Six months later second motion was filed by Ramesh alone as Rani refused to join him.

A. Divorce will be granted to Ramesh as rani cannot withdraw her consent once given.

B. Divorce will not be granted to Ramesh.

C. Divorce will be granted to Ramesh declaring him single but Rani can continue to pose as married.

D. Divorce will not be granted to Rani.

Correct Answer: B

152. A Muslim 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 but having priority over secured debts.

D. a secured debt.

Correct Answer: B

153. As per the Hindu Marriage Act, 1955, Sagotra marriage is

A. Valid with the approval of panchayat only

B. perfectly valid

C. invalid

D. Voidable at the option of the community panchayat.

Correct Answer: B

154. Which of the following enactments provides for grounds of divorce made available to wife alone?

A. Dissolution of Muslim marriage act, 1939

B. Hindu Marriage Act, 1955

C. Special Marriage Act, 1954

D. None of the above

Correct Answer: A

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

A. Daniel Latifi

B. Masroor Ahmed

C. Shamim Ara

D. Noor Saba Khatoon

Correct Answer: B

156. 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

157. 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. whereabouts of the husband not known.

C. Cruelty by husband.

D. the wife did not attain puberty.

Correct Answer: A

158. Ramesh intentionally pulls up a woman’s veil, without her consent intending or knowing it to be likely that he may thereby injure, frighten or annoy her. He has committed the offence of:

A. Criminal Assault

B. Criminal force

C. A moral offence

D. None of the above

Correct Answer: B

159. In states where compulsory registration of marriage is required non-registration of marriage will

A. affect the validity of marriage

B. not affect the validity of marriage

C. make the marriage void

D. entail declaration of marriage as invalid.

Correct Answer: B

160. Every promise and every set of promises, forming the consideration for each other, is called

A. a proposal

B. an offer

C. an agreement

D. a contract

Correct Answer: C

161. An acceptance containing additions, limitations or other modifications shall amount to

A. rejection of the offer

B. a valid acceptance

C. a counter offer

D. both A and C

Correct Answer: D

162. Inadequacy of consideration is relevant in determining the question of

A. performance of contract

B. Contingency of contract

C. free consent

D. it is irrelevant

Correct Answer: C

163. In a contract no specifying the time for performance, the promisor can perform the contract

A. Within any time howsoever long it may be

B. Within the shortest time

C. Within a reasonable time

D. none of the above

Correct Answer: C

164. Which one of the following statements is true?

A. Offer and acceptance are revocable

B. Offer and acceptance are irrevocable.

C. An offer can be revoked but acceptance cannot

D. An offer cannot be revoked but acceptance can be

Correct Answer: A

165. Lending money to a borrower, at high rate of interest, when the money market is tight renders the agreement of loan

A. Void

B. Valid

C. Voidable

D. illegal

Correct Answer: B

166. The basic of action under the remedy of Quantum Meruit is

A. restitution

B. recission

C. novation

D. all of the above

Correct Answer: A

167. A contract does not stand discharged

A. by performance

B. by breach of the contract

C. by novation

D. by a mere delay in performance

Correct Answer: D

168. The juridical basis of quasi-contractual obligation can be explained by the theory of

A. indebitatus assumpsit

B. unjust enrichment

C. just and reasonable solution

D. voluntary benefits

Correct Answer: B

169.In cases of joint promise generally a promisor can compel

A. all the joint promisors to perform

B. any one of them to perform.

C. some of them to perform

D. all of the above

Correct Answer: D

170. Under Section 75,Indian Contract Act the Court award damages

A. equal to the amount stipulated in the contract

B. less than the amount stipulated in the contract

C. more than the amount stipulated in the contract

D. None of the above

Correct Answer: C

171. When there is a breach of contract, special damages are awarded :

A. in all cases

B. only when there are special circumstances

C. only when there is a special loss

D. only when there is a notice of the likely special loss.

Correct Answer: D

172. Breach of contract may be

A. actual only

B. anticipatory only

C. actual or anticipatory

D. none of the above

Correct Answer: C

173. ‘A’ a tradesman, leaves goods at B’s house by mistake. ‘B’ treats the goods at his own. Which one of the following remedies is available to ‘A’?

A. ‘A’ is to forego his claim over goods

B. ‘B’ is bound to pay to ‘A’ for goods

C. ‘B’ is entitled to hire charges for the house

D. ‘A’ is entitled to punitive damages.

Correct Answer: B

174. Where A a tenant, pays the property tax on behalf of owner B, who is bound to pay it, A is

A. entitled to be reimbursed by B

B. not entitled to be reimbursed by B

C. himself have to bear such tax

D. Both A and B have to bear such tax equally.

Correct Answer: A

175. A pays Rs. 10000 to B for manufacturing a machine. When it is partly manufactured, the contract is discharged by frustration. What is the remedy available to parties?

A. A can recover Rs. 10,000 from B.

B. A need not pay any further amount to B.

C. B can retain Rs. 10,000

D. B is entitled only to expenses incurred before the time of discharge.

Correct Answer: D, S/56. Agreement to do impossible act

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