June - 2014
1. In
which of the following cases, the Supreme Court held that ‘the preamble is the
part of the constitution’ ?
(A) Berubari union and Exchage of enclave
(B) Golaknath v/s State of Punjab
(C) Kesavananda Bharati v/s State of Kerala
(D) None of the above
Ans:
(C)
2.
Clause(5) of article-15 has been added to the constitution by :
(A) Constitution (First Amendment) Act
(B) Constitution (Seventh Amendment) Act
(C) Constitution (Forty-second Amendment) Act
(D) Constitution (Ninety-third Amendment) Act
Ans:
(D)
3. Match
List-I with List-II and select the correct answer using the codes
given below the lists :
|
List – I
|
List – II
|
|
i.
Equal justice and free legal aid
ii.
Uniform civil code for citizens
iii.
Protection and improvement of environment and safeguarding of forests and
wild life.
iv.
Promotion of international peace and security
|
a.
Article-44
b.
Article- 48A
c.
Article- 39A
d.
Article 51
|
Codes :
i ii
iii iv
(A) c b
d a
(B) c a
b d
(C) a b
c d
(D) d a
b c
Ans: (B)
4.
Rights of a citizen under Article-19 are automatically suspended
during the period of emergency, if emergency under Article-352 is declared on
the grounds of :
(A) war, external aggression or armed
rebellion
(B) war or armed rebellion
(C) external aggression or armed rebellion
(D) war or external aggression
Ans:
(A)
5. In
which of the following cases the supreme court has held that the word ‘law’ in
Article-21 does not mean merely an enacted piece of law but must be just, fair
and reasonable law ?
(A) A.K. Gopalan v/s
State of Madras
(B) Maneka Gandhi v/s
Union of India
(C) Both (A) and (B)
above
(D) None of the above
Ans: (B)
6.
A distinguished jurist can be appointed as a judge of the :
(A) high court only
(B) supreme court only
(C) high court or supreme court both
(D) none of the above
Ans:
(B)
7.
‘Which cannot be done directly, cannot be done indirectly.’ – This
statement epitomises the doctrine of :
(A) colourable
legislation
(B) pith and
substance
(C) harmonious
construction
(D) eclipse
Ans: (A)
8.
Match List-I with List-II by using the codes given
below :
Possession must be protected because :
|
List – I
|
List – II
|
|
1. Kent
2. Hegal
3. Hollard
4. Savigny
|
a. Man by taking possession has brought the
object within his sphere of will.
b.
In possession there is manifestation of individual’s will.
c.
Every act of violence is unlawful.
d.
It is essential for preservation of peace.
|
Codes :
1 2 3
4
(A) c b d
a
(B) a d b
c
(C) b d c
a
(D) a b c
d
Ans:
(B)
9.
Which one of the following statements is not correct ?
(A)
Austin and Kelson did much to rescue jurisprudence from the so-called confusion
of social sciences.
(B)
Historical school of jurisprudence was a reaction against a prior methods of
reasoning of eighteen century natural law.
(C)
Cujas and Hugo also applied the historical approach in the study of law.
(D)
Savigny did not discard the principle of natural law.
Ans: (D)
10. Match
List-I (Name of Books) with List-II (Name of Writers) and select
the correct answer :
|
List – I
|
List – II
|
|
a.
Pure theory of law
b.
Three lectures on Vedanta philosophy
c.
Judiciary attacks and survivals
d.
The growth of law
|
1. Hans Kelson
2.
Max Muller
3.
Justice V.D. Tulzapurkar
4.
Justice Cardozo
|
Codes :
a b c
d
(A) 1 2
3 4
(B) 4 3
2 1
(C) 3 1
4 2
(D) 2 4
1 3
Ans:
(A)
11.
The term ‘Legal Theory’ has been first time coined by :
(A) Hans Kelson
(B) W. Friedman
(C) Salmond
(D) Ronald Dworkin
Ans:
(D)
12.
Which of the following statement is not true about the conformity
of custom ?
(A)
It should be in conformity with public policy.
(B)
It should be in conformity with statutory law.
(C)
In England, custom will be recognised even if it is in conflict with some
fundamental principles of law.
(D)
The custom must not be in conflict with tradition.
Ans: (C)
13.
“No one has any other right than always to do his duty.” It was
stated by :
(A) Kelsen
(B) Prof. Duguit
(C) Holland
(D) Salmond
Ans: (B)
14.
Assertion (A) : Custom is per se law, independent of its
prior recognition by the sovereign or the judge.
Reason (R) : Custom
is a source of law.
Codes :
(A) Both (A) and (R) are true but (R) is the
correct explanation of (A).
(B) Both (A) and (R) are true but (R) is not
a correct explanation of (A).
(C) (A) is true but (R) is false.
(D) (A) is false but (R) is true.
Ans:
(A)
15.
Assertion (A) : According to John Austin, international law
is true law and not negative international morality.
Reason
(R) : Three elements in Austin’s definition of law,
namely command of the sovereign, duty of inferiors and sanction incase inferior
who commit breach of the command are absent in international law.
Codes :
(A) Both (A) and (R) are true and (R) is the
correct explanation of (A).
(B) Both (A) and (R) are true but (R) is not
a correct explanation of (A).
(C) (A) is true but (R) is false.
(D) (A) is false but (R) is true.
Ans:
(C)
16. “International
law is international morality or ethics, international courtesy or convention
in the social sense of the word, comity as distinguished from rule of law.”
Above statement is attributed to :
(A) Hobbes
(B) Pufendorf
(C) Bentham
(D) Kelsen
Ans:
(C)
17. Match
List-I with List-II and select the correct answer using the codes given below :
|
List – I
|
List – II
|
|
i. International
custom
ii. United Nations
iii. Enforcing
judgement of international court of justice
iv. Nirmal bose v/s
Union of India, AIR Calcutta, p.506
|
a. Peace keeping
b. Source of
international law
c. Entry 14, list I
read with Article-73.
d. Political
mechanism
|
Codes :
i ii iii
iv
(A) b a d c
(B) a b d c
(C) a b c d
(D) d b a
c
Ans:
(A)
18.
Estrada doctrine relates to
(A) Necessity of recognition
(B) form of recognition
(C) No necessity of recognition
(D) Recognition is superficial
Ans:
(C)
19.
Principle of United Nation is
(A) Some sovereigns
are more equal than others.
(B) Member nations
have rights but no obligations.
(C) All members shall
settle their international disputes by peaceful means.
(D) All members shall
settle their national disputes by peaceful means.
Ans: (C)
20.
Doctrine of forum prorogatum means
(A)
Jurisdiction cannot be conferred upon an existing tribunal not otherwise
competent by the litigants during the proceedings.
(B)
Jurisdiction can be conferred upon an existing tribunal not otherwise competent
by the litigants during the proceedings.
(C)
Jurisdiction can be conferred upon an existing tribunal not otherwise competent
by the litigants after the proceedings.
(D)
None of the above
Ans:
(B)
21.
Assertion (A) : Nikah is a regular and permanent form of marriage
among Muslims.
Reason (R) : Muta
is contractual form of marriage and is most uncommon in India.
Codes :
(A) Both (A) and (R) are correct.
(B) (A) is correct but (R) is false.
(C) (R) is correct but (A) is wrong.
(D) Neither (A) is correct nor (R) is correct.
Ans:
(A)
22. Where
a Hindu male and Hindu female contract their marriage under the special
Marriage Act, 1954, Hindu personal law :
(A) Applies to such marriage
(B) Does not apply
(C) Applies with some modifications
(D) Applies with Indian Contract Act
Ans:
(A)
23. When
two persons are descendants of a common ancestor but by different wives, they
are said to be related to each other by :
(A) Full Blood
(B) Uterine Blood
(C) Half - Blood
(D) None of the above
Ans:
(C)
24.
The term “Hindu” denotes the persons :
(i) professing Hindu religion
(ii) professing Buddh, Jain or Sikh religion
(iii) who are not professing Muslims
Christian, Parsi or Jain religion.
In respect of the aforesaid propositions
which is correct ?
(A) (i) and (ii) are correct and (iii) is
incorrect.
(B) (ii) and (iii) are correct and (i) is
incorrect.
(C) (i) and (iii) are incorrect but (ii) is
correct.
(D) (i), (ii) and (iii) all are correct.
Ans:
(A, D)
25.
Assertion (A) : A having a wife alive, marries another wife. The
marriage is void.
Reason
(R) : Monogamy is the Law.
Codes :
(A) Both (A) and (R) are true.
(B) Both (A) and (R) are false.
(C) (A) is true but (R) is false.
(D) (A) is false but (R) is true.
Ans:
(A)
26.
A marriage under Muslim law between persons with fosterage relationship
is :
(A) Sahih
(B) Batil
(C) Fasid
(D) None of the above
Ans:
(B)
27.
Under the Indian Contract Act, acceptance of proposal should be
(A) Conditional or Unconditional
(B) Conditional but not absolute
(C) Unconditional and absolute
(D) Unconditional but not absolute
Ans:
(C)
28.
In Indian Contract Act, the term voidable contract has been
defined under :
(A) Section 2(e)
(B) Section 2(h)
(C) Section 2(i)
(D) Section 2(g)
Ans:
(C)
29.
Contractual liability arises, where
(A) there is offer and acceptance only
(B) there is intention to create legal relation
(C) there is loss to one party
(D) the loss of one party is the gain of
other party
Ans:
(B)
30.
There may be a contract without consideration, if
(A) agreement is in writing and registered.
(B) parties to the agreement are in near
relationship.
(C) agreement is made due to natural love and
affection.
(D) All the above elements are present.
Ans:
(D)
31. An agreement of trade
combination to regulate legal trade in organised way is
(A) Void
(B) Voidable
(C) Legal
(D) Illegal
Ans:
(C)
32.
Which one of the following statements is true ?
(A) Intimation of minimum price is proposal.
(B) An agreement against public policy is
voidable.
(C) An agreement, the meaning of which is not
certain is void.
(D) Contingent contracts are illegal.
Ans:
(C)
33.
Which one of the following is correct ?
(A) Damages can be
dispensed with in tortü
(B) Damages cannot be
awarded in tort when other remedies are provided by a statute
(C) A remedy by way
of damages is essential ingredient of tort
(D) Damages can be
awarded only if there is a physical injury
Ans: (C)
34.
After considering the following, choose the right choice :
1. infringement of a legal right
2. legal damage
3. any damage
4. existence of a legal right
Right to claim damages in tort would arise
only if :
(A) 1, 2 and 3 are present.
(B) 1, 2 and 4 are present.
(C) 1, 3 and 4 are present.
(D) All 1, 2, 3, 4 are present.
Ans:
(B)
35.
Mental condition of the wrong doer is
(A) relevant
in all torts
(B) not relevant in tortious liability
(C) relevant in case of strict liability
(D) relevant in torts based on fault
Ans:
(D)
36. P
voluntarily accepted lift from D who was drunk and driving the car. D was
affected by the drink and this was known to P. D caused the accident in which P
suffered injury.
Here,
(A) D can
escape the liability because P was aware of risk.
(B) D is
liable because P did not agree to suffer the harm.
(C) D is not
liable because he gave free lift to P.
(D) D is
liable because the degree of intoxication was not to such an extent that it can
be assumed that there was voluntary assumption of risk by P.
Ans: (D)
37. A
rickshaw was being pulled by the rickshaw puller with three passengers on
board, which was against law. A bus was being driven rashly and negligently by
its driver. The bus collides with rickshaw resulting into damage to rickshaw
and injury to rickshaw passengers. Here
(A) passengers
cannot claim compensation from bus operator for the injury as they themselves
were not acting according to law.
(B) passengers
cannot claim compensation from bus operator as there was contributory
negligence on their part.
(C) passengers
can claim full compensation from bus operator as their negligence has not
contributed to their injury.
(D) passengers
are entitled for compensation which shall be proportionally reduced taking into
account their illegal act.
Ans: (C)
38.
Consider the following and then select the right code :
1. Absolute liability
implies liability without fault.
2. In case of
absolute liability defendant is liable for the injury if his act is the direct
and proximate cause of plaintiff’s injury.
3. Absolute liability
is the liability of the defendant without any defence.
4. In absolute
liability, defendant can escape the liability if he can prove that the damage
was the result of an act of stranger.
Codes :
(A) 1, 2 and 4 are correct.
(B) 2 and 3 are correct.
(C) 1, 2 and 3 are correct.
(D) 1 and 4 are correct.
Ans:
(C)
39.
Causing one thing to resemble another thing is known as :
(A) Counterfeit
(B) Deception
(C) Cheating
(D) All of them
Ans: (C)
40.
A private libel is not considered as strict liability because :
(A) There is no common injury or danger
inferred from the facts
(B) It was the result of bonafide belief
(C) It is not a statutory offence
(D) The principles of Rayland v/s Fletcher is
not applicable
Ans: (A)
41.
Assertion (A) : The principle of common intention applies when
a criminal act is done by several persons in furtherance of that intention.
Reason (R) : A
intentional cooperation for committing an offence culminated from several acts.
Codes :
(A) (A) is true but (R) is not the reason.
(B) Both (A) and (R) are true and (R) is the
reasonable explanation of (A) .
(C) Both are distinctive offences and (A) is
not dependent on (R).
(D) (A) is false but (R) is true.
Ans:
(C)
42.
Assertion (A) : The right of private defence does not depend
upon the actual criminality of the aggressor but on the wrongful character of
the act attempted.
Reason
(R) : Even if an act is treated as offence the
right of private defence arises against the author despite his personal incapacity.
Codes :
(A) (A) is correct principle because (R) is
the right reason.
(B) (A) is untenable under law while (R) is
the justifiable cause.
(C) (A) is the law on an unlawful act while
(R) results without mens rea.
(D) (A) is not true while (R) is false.
Ans:
(A)
43.
The maxim “De Minimis non curat” relates to _______.
(A) Slight harm
(B) Trifles
(C) Exhibition of disrespect
(D) Annoyance
Ans: (A)
44. Instigating
or engaging in a conspiracy or intentionally aiding a person to commit an
offence is better known as _____.
(A) Principal Crime
(B) Second Degree Crime
(C) Wilful mis-representation
(D) Abetment
Ans: (D)
45.
The First Come Last Go, and the Last Come First Go rule is
associated with
(A) Strike
(B) Lock out
(C) Retrenchment
(D) Closure
Ans: (C)
46. One
of the following is not the duty of works committee under the Industrial
Disputes Act.
(A)
To promote measures for securing and preserving amity and good relations
between the employees and workmen.
(B)
To form groups among workmen and strengthen mediation between employer and
employee.
(C)
To achieve the object, it is their duty to comment upon matter of common
interest or concern of employers and workmen.
(D)
to endeavour to compose any material difference of opinion in respect of
matters of common interest or concern between employers and workmen.
Ans: (B)
47.
An unregistered trade union has one of the following disadvantage
:
(A) It can acquire and hold both movable and
immovable property.
(B) It has no corporate existence.
(C) It can contract through agents.
(D) It is a legal entity.
Ans:
(B)
48. In
order to entitle the workmen to wages for the period of strike, the strike should
be legal as well as justified. The above principle was laid down in one of the
following case by the apex court :
(A)
Crompton Greaves v/s The workmen AIR 1978 SC.
(B)
Ballarpur collieries v/s C.G.I.T Dhanbad AIR 1972 SC.
(C)
Management of India Radiatiors Ltd and another v/s presiding officer and
another AIR 2003 II LLJ (Mad)
(D)
Workmen of Motor Industries Co. Ltd v/s Management of Motor Industires Co Ltd
AIR 1969 SC.
Ans: (A)
49. In
one of the following case the Supreme Court held that when retrenchment of a
workmen is invalid reinstatement can be ordered :
(A) Harindara Singh v/s Punjab State
warehousing Corporation 2010 II LLJ SC
(B) Surendara Kumar Verma v/s Central Govt.
Indl. Tribunal 1981 ILLJ SC
(C) Management W.B. India Ltd v/s Jagannath
AIR 1974 SC
(D) Pioneer Ltd v/s Tajdar Hussain AIR 1974
SC
Ans:
(B)
50. In
which of the following, the members of the registered trade union can claim
immunity in criminal cases ?
(A) The
combination of two or more members of a registered trade union act in
furtherance of a trade dispute.
(B) The
combination of two or more members of a registered trade union act with an intention
to create loss or damage to the properties of the employer.
(C) The trade
union leaders in exercise of the managerial powers direct the workers from abstaining
to do the work.
(D) The
members of a trade union act in combination with an intention to coerce the employer
to acced to their demands.
Ans: (A)
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