Paper II LAW December 2013

(CBSE) UGC NET Previous Years Solved Paper II LAW 
December-2013 

1. Social, economic and political Justice is

(A) an idea enshrined in the Preamble to the Constitution of India

(B) guaranteed by Fundamental Rights in the Constitution of India

(C) a Directive Principle of State Policy taken into consideration while making enactments

(D) guaranteed to the people by the writs issued by the High Courts and Supreme Court

Ans: (A)

2. Without paying proper remuneration, labour taken from the prisoners is ‘forced labour’ and violation of

(A) Art. 20 of the Constitution of India

(B) Art. 21 of the Constitution of India

(C) Art. 22 of the Constitution of India

(D) Art. 23 of the Constitution of India

Ans: (D)

3. Art. 51A of the Constitution of India provides for the Fundamental Duties of

(A) Citizens of India

(B) Public Servants

(C) All those who run public and private sectors

(D) Prime Minister and his Council of Ministers

Ans: (A)

4. The appropriate writ issued by Supreme Court to quash the appointment of a person to a public office is

(A) Certiorari

(B) Mandamus

(C) Prohibition

(D) Quo-Warranto

Ans: (D)

5. The power of the President of India to issue an ordinance is a

(A) Legislative power

(B) Executive power

(C) Quasi-judicial power

(D) Judicial power

Ans: (A)

6. The jurisdiction of Supreme Court of India may be enlarged by

(A) The President of India

(B) The Parliament by resolution

(C) The Parliament by Law

(D) The President in consultation with the Chief Justice of India

Ans: (C)

7. At the first instance, the President can issue a proclamation of financial emergency for a period of

(A) Fifteen days

(B) Two months

(C) One month

(D) Six months

Ans: (B)

8. Legal Theory is based on

(A) a systematic study of positive laws

(B) purely logical and empirical study

(C) concepts like morality, justice and ethics

(D) total exclusion of customary practices, morality and social vagaries

Ans: (C)

9. Who separated jurisprudence from religion ?

(A) Kant

(B) Hugo Grotius

(C) Salmond

(D) Jethro Brown

Ans: (B)

10. Under how many categories the five theories of punishment can be divided ?

(A) 2

(B) 4

(C) 5

(D) 3

Ans: (D)

11. On which one of the following one can have corporeal ownership ?

(A) A right

(B) Trademark

(C) Movable property

(D) A debt

Ans: (C)

12. “Sovereignty must be determinate, it is essential, is indivisible and is unlimited and illimitable.” Who conceived this about the sovereignty ?

(A) Hobbes

(B) Austin

(C) Jean Bodin

(D) Plato

Ans: (B)

13. Consider the following statements :

1. Statements, which are not partaking of the character of ratio decidendi can be ignored while deciding the latter case.

2. The ratio decidendi is not the reason of decision.

3. Only that part of the judgment in an earlier decision is binding which constitutes the ratio decidendi of that case.

4. A judicial decision has a binding force for subsequent cases but the whole judgment is not binding, only a part of it is biding.

Which of the above statement(s) is/are correct ?

(A) 1, 3, 4

(B) 1, 2, 3

(C) 2, 3, 4

(D) 1, 2, 4

Ans: (A)

14. “Case law is gold in the mine, a few grains of the precious metal to the tons of useless matter, while statute law is coin of the realm ready for immediate use.” Who said these words ?

(A) Ihering

(B) Austin

(C) Kelson

(D) Salmond

Ans: (D)

15. Which of the following statements are true ?

1. There is no rule to determine when usage shall give rise to a custom.

2. Customary rules of International law are diminishing and are being replaced by Treaties and Conventions.

3. Treaty contracts are not direct source of International law.

4. International law is a positive morality.

Codes :

(A) 1, 2, 3 & 4

(B) 2, 3 & 4

(C) 1, 2 & 3

(D) 1 & 2

Ans: (C)

16. “The law of National or International law may be defined as the body of rules and principles of actions which are binding upon civilized states in their relations with one-another.”

This definition of International law was given by

(A) J.L. Brierly

(B) Torsten Vitel

(C) Hackworth

(D) None of the above

Ans: (A)

17. Match the following:

List – I	List – II
a. Recognition only and exclusively bestows a State with rights and duties under International Law. b. It is a first step towards final recognition. c. It is a final recognition by a State. d. International personality of a State does not depend upon recognition.	i. De-facto recognition ii. De-Jure recognition iii. Declaratory Theory iv. Constitutive Theory

Codes :

a          b          c          d

(A)            iv         i           ii          iii

(B)             i          ii          iii         iv

(C)            iv         iii          ii          i

(D)            iii          ii           i         iv

Ans: (A)

18. The Charter of the United Nations can be amended by

(A) Five-third of the members of General Assembly.

(B) The Security Council only

(C) Two-third of the members of the U.N. including all permanent members of the

Security Council after recommendations by a twothirds vote of a conference convened for the purpose, is received .

(D) Two-thirds of the members of the Security Council including five permanent members.

Ans: (D)

19. In which of the following case, International Court of Justice denied existence of customary rule ?

(A) North Sea Continental Shelf case.

(B) The Lotus case.

(C) Both of the above.

(D) None of the above.

Ans: (C)

20. Which organ of the United Nations has been given responsibility of promoting international co-operation in the realisation of human rights ?

(A) General Assembly

(B) Security Council

(C) Both of the above

(D) None of the above

Ans: (C)

21. In which of the following case the Supreme Court held that even the wife of a void marriage is entitled to maintenance ?

(A) Amarjeet Kaur Vs. Harbhajan Singh (2003) 10 SCC 228.

(B) Chand Dhawan Vs. Jawaharlal Dhawan (1993) 3 SCC 406.

(C) Nirmala Devi Vs. Ram Dass(2001) 2 SCC. 4

(D) Ramesh Chandra Vs. Veena Kausal AIR 1978 SC 1807

Ans: (B)

22. In which of the following case, the court held that “Dower is a sale price of woman” ?

(A) Maina Bibi case

(B) Humara Bibi case

(C) Subrunnisan case

(D) Abdul Kadir case

Ans: (C)

23. Read Assertion (A) and Reason (R). Find correct answer using codes given below :

Assertion (A) : “Option of Puberty” is an easy process to repudiate the marriage under Hindu Law.

Reason (R) : “Option of Puberty” is not an easy process to repudiate the marriage under Muslim Law.

Codes :

(A) (A) is correct, but (R) is incorrect.

(B) (A) and (R) both are correct.

(C) (R) is correct, but (A) is incorrect.

(D) (A) and (R) both are incorrect.

Ans: (B)

24. ‘Tuhr’ means

(A) Period of menstruation

(B) Period of iddat

(C) Period between menstruation

(D) None of the above

Ans: (C)

25. Match an item in List – I with correct answer in List – II using the codes

given below :

List – I	List – II
a. Gujarat Women’s Workers Association Vs. Union of India b. Humara Bibi Vs. Zubaida Bibi c. Anwari Begum Vs. Ziauddin d. Bai Tahira Vs. Ali Hussain Fissalli	i. Dower ii. Triple Divorce iii. Uniform Civil Code iv. Maintenance

  

Codes :

a          b          c          d

(A)            i           iv         ii          iii

(B)            i           ii          iii         iv

(C)            iii         i           ii          iv

(D)            ii         iii         iv         i

Ans: (C)

26. Which form of talaq is revocable during period of ‘iddat’ ?

(A) Talaq-i-Ahsan

(B) Talaq-i-Hasan

(C) Triple Talaq

(D) None of the above

Ans: (A)

27. Essentials of valid contract is

(A) Meeting of minds

(B) Meeting of parties

(C) Meeting to discuss consideration

(D) Meeting to discuss proposal and acceptance

Ans: (A)

28. Read Assertion (A) and Reason (R) and with help of codes given below, point out the correct explanation.

Assertion (A) : A proposal, when accepted, results in an agreement.

Reason (R) : It is only after the acceptance of the proposal that a contract between the two parties can arise.

Codes :

(A) Both (A) and (R) are true and (R) is good 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)

29. A minor is son of a beggar. He is told by a law professor that he would not be liable for any goods he purchases.

The minor purchases a car and a bread loaf. Decide liability for payment of car and bread loaf, using codes given below.

(A) The minor is liable to pay price of car and bread loaf.

(B) The minor is liable to pay reasonable compensation for car.

(C) The minor is liable to pay price of bread.

(D) The minor’s parent/guardian is liable to pay reasonable compensation for bread loaf.

Ans: (D)

30. Arrange following concepts in sequence in which they occur, using codes given below :

(i) Offer

(ii) Acceptance

(iii) Damage

(iv) Damages

Codes :

(A) (iv), (iii), (ii), (i)

(B) (i), (ii), (iv), (iii)

(C) (i), (iv), (ii), (iii)

(D) (i), (ii), (iii), (iv)

Ans: (D)

31. A contract may be vitiated by :

(i) Fraud

(ii) Mistake

(iii) Frustration

(iv) Undue influence

Find correct answer, using codes :

Codes :

(A) Only (i) is correct.

(B) Only (i) and (ii) are correct.

(C) Only (i), (ii) and (iii) are correct.

(D) All are correct.

Ans: (D)

32. Match items in Table A with items in Table B, using codes given below :

Table – A	Table – B
a. Promise                                            b. Frustration                                                   c. Effect of refusal to accept offer of performance         d. Agreement in restraint of marriage	i. Section 56 ii. Section 2(d) iii. Section 26 iv. Section 38

Codes :

i           ii          iii         iv

(A)            b          d          a          c

(B)            b          a          d          c

(C)            a          b          d          c

(D)            a          b          c          d

Ans: (B)

33. P, owner of a car, asked his friend Q to drive the car to Bombay where he would join him. As the car was about five kilometres from Bombay, it hit a pedestrian R, on account of Q’s negligent driving and injured him seriously. R sued P for damages. In this case :

(A) P is not liable.

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

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

(D) P has the defence of inevitable accident.

Ans: (C)

34. “If it was lawful act, however ill the motive might be, the defendant had a right to do it.” This observation was made by the court in one of the following cases :

(A) Mayor of Bradford Corporation Vs. Pickles

(B) Ashby Vs. White

(C) Christie Vs. Davey

(D) Hollywood Silver Fox Farm Ltd. Vs. Emmet

Ans: (A)

35. P and Q, unknown to R, sought and got a lift in R’s car, but on account of some mechanical defect in the car, of which R was not aware, one of the front wheels of the car got detached and flew away, and the car toppled. P and Q got serious injuries and later on, P died of his injuries. Q and P’s next kin sued R for damages for negligent driving. What defence R has ?

(A) Volenti non fit injuria

(B) No responsibility towards P and Q who got a free lift

(C) Inevitable accident

(D) No defence

Ans: (C)

36. In contributory negligence :

(A) Both parties have contributed to the negligence equally.

(B) Only one party is negligent and other has not taken due care.

(C) One party is negligent resulting in injury while the other has taken due care.

(D) When lack of care is equal on both sides.

Ans: (B)

37. P shoot at Q with the view to kill him. When Q was being taken to hospital, a tree fell upon Q on the way and Q died in the hospital a few days later. If it was proved that the falling of the tree caused Q’s death, then

(A) P shall be responsible for the death of Q.

(B) Falling of tree has broken the chain of causation.

(C) P is not liable to pay compensation to the dependents of Q.

(D) P is responsible for the death of Q as Q’s death was the direct consequence of P’s act.

Ans: (B)

38. Which one of the following has been laid down as basis of responsibility by the rule in Rylands Vs. Fletcher ?

(A) Fault liability

(B) Conditional liability

(C) Strict liability

(D) Insurance liability

Ans: (C)

39. Read Assertion – I and Reason – II and with the help of codes given below decide what offence if any was committed ?

Assertion – I : A and Z agree to fence with each other for a game. But because of foul, despite playing fairly, Z was injured.

Reason – II :

a. No offence by virtue of consent between A and Z.

b. Consent was obtained in good faith to gain prize, so no offence by A.

c. A is criminally liable because he had knowledge about the likelihood of injury.

d. Despite implied consent the intention was bad so A is liable.

Codes :

(A) Reason ‘a’ is true when ‘b’, ‘c’ and ‘d’ are not asserted.

(B) Reason ‘b’ is true when ‘a’, ‘c’ and ‘d’ are not asserted.

(C) Reason ‘c’ is true when ‘a’, ‘b’ and ‘d’ are not asserted.

(D) Reason ‘d’ is true when ‘a’, ‘b’ and ‘c’ are not asserted.

Ans: (A)

40. Read Assertion – I and Reason – II and with the help of codes given below select the correct answer :

Assertion – I : Common intention is asserted.

Reason – II :

a. A period which is anterior in time among the offenders.

b. From the facts of pre-arranged plan.

c. From the act of conduct resulting from prior concert.

d. From the totality of circumstances in which the act was committed.

Codes :

(A) ‘a’ is false because ‘b’, ‘c’ and ‘d’ do not support it.

(B) ‘d’ is true as ‘a’, ‘b’ and ‘c’ support it.

(C) ‘c’ is true irrespective of support of ‘a’, ‘b’ and ‘d’.

(D) ‘b’ is true being supported by ‘a’, ‘c’ and ‘d’.

Ans: (B)

41. Select the statement that is most suitable in law :

Culpable homicide is not murder when one is deprived of the power of self-control resulting from :

(A) Grave and sudden provocation

(B) When death results by voluntary provocation.

(C) Where death results in course of obedience of law.

(D) When death results by mistake

Ans: (A)

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42. B a married man commits sex with C a girl child of 16 years with her consent. What offence B has committed ?

(A) Adultery

(B) Rape

(C) No offence

(D) Sexual outraging

Ans: (B)

43. Fill in the blank :

Extortion is ________, when it is committed under fear of instant hurt.

(A) Theft

(B) Attempt to steal property

(C) Robbery

(D) Wrongful restraint

Ans: (C)

44. Find answer of the following question :

What is the distinctive feature between false information and false charging ?

(A) Using lawful power to cause annoyance so as to institute a criminal proceeding.

(B) To omit act which ought not to be done.

(C) A case for false information can only be started by a complaint while false charge can be initiated by police.

(D) There is no real distinction.

Ans: (B)

45. Collective bargaining serves purposes :

(A) Regulating wages and conditions of service

(B) Regulating labour management relations.

(C) Both (A) and (B).

(D) None of the above.

Ans: (C)

46. In which country where statutes make it obligatory to negotiate non-performance of the obligation invites penalty, failure to carry obligation is treated as unfair labour practice ?

(A) U.K.

(B) U.S.A.

(C) France

(D) India

Ans: (B)

47. In which of the following case, the Supreme Court held that “there was no rule of thumb that in every case of termination of workman’s service in violation of Section 25F of ID Act relief of re-instatement should be granted ?

(A) Talwara Co-operative Credit & Service Society Ltd. Vs. Sushil Kumar (2009) I LLJ 326 S.C.

(B) Gujarat Steel Tubes Ltd. Vs. G.S.T. Mazdoor Sabha (1980) I LLJ 137 (S.C.)

(C) Mavji C. Lakum Vs. Central Bank of India (2008) III LLJ.1.(SC)

(D) None of the above

Ans: (A)

48. The Registrar to Pensions Appeal Tribunal was appointed as presiding officer of a Labour Court. The appointment is

(A) Valid

(B) Void

(C) Void ab-initio

(D) None of the above

Ans: (C)

49. Match List – I with List – II and select the correct answer using the codes given below :

List – I (Subject)	List – II (Provisions of ID Act)
a. Tribunal                        b. Wages                          c. Unfair Labour Practices d. Village Industries	i. Section 2(ra) ii. Section 2(r) iii. Section 2 (rb) iv. Section 2 (rr)

Codes :

a          b          c          d

(A)            i           iv         iii         ii

(B)            ii          iii          i          iv

(C)            ii          iv         i          iii

(D)             i          iii         ii          iv

Ans: (C)

50. Read Assertion (A) and Reason (R), using codes given below, select correct answer :

Assertion (A) : Strike is individual stoppage of work to press management to get more pay.

Reason (R) : Individual has fundamental right of strike.

Codes :

(A) (A) and (R) are true and (R) is correct explanation of (A).

(B) (A) and (R) are true, but (R) is not correct explanation of (A).

(C) (A) and (R) are false.

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

Ans: (C)

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