Paper II LAW December 2014

(CBSE) UGC NET Previous Years Solved Paper II LAW
December-2014

1. Which of the following statements is right ?

(A) Law consist of rules in accordance with reason and nature has formed the basis of imperative law.

(B) Natural law is a type of command.

(D) Hart talks in terms of conduct supplemented by an attitude of mind to the effect that the conduct in question is obligatory because it is required by rule.

Ans: (D)

2. Right in re aliena means a right over

(A) his own property

(B) a property of someone else

(D) property situated in one’s own country

Ans: (B)

3. Assertion (A) : A perfect duty is one which a man not merely ought to perform, but may be justly compelled to perform.

Reason (R) : A perfect duty is one which is not merely recognised by law but enforced.

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

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

3. Both (A) and (R) are true.

4. Both (A) and (R) are false.

(A) 1 and 2

(B) 2 and 3

(D) 4 alone

Ans: (C)

4. Possession is prima facie evidence of tittle of ownership. Hence –

(A) long adverse possession confers tittle even to a property which originally belonged to another.

(B) in all cases possession leads to ownership.

(D) long possession do not confer tittle to the property which originally belonged to government.

Ans: (A)

5. Who among the following said that there is in essence no difference between the legal personality of a company and that of an individual ?

(A) Maitland

(B) Dicey

(D) Kelson

Ans: (D)

6. Ownership of Goodwill of a business is

(A) Limited ownership

(B) Corporeal ownership

(D) Beneficial ownership

Ans: (C)

7. It was remarked in ‘Golaknath Vs. State of Punjab’ that our ‘Preamble to the Constitution contains in a nutshell its ideals and aspirations’ by one of the judges?

(A) Justice V.R. Krishna Iyer

(B) Justice K. Subba Rao

(D) Justice H.R. Khanna

Ans: (B)

8. Right of eligible employees to be considered for promotion is virtually a part of

Fundamental Right of employees, was decided by the Supreme Court in :

(A) Union of India Vs. Hemraj Singh Chauhan

(B) Supreme Court Employees Association Vs. Union of India

(D) St. Stephens College Vs. University of Delhi

Ans: (A)

9. In Vishram Singh Raghubanshi Vs. State of Uttar Pradesh (AIR2011 SC2275) the court held that :

(A) It is the duty of Superior Courts to protect the reputation of judicial officers of subordinate courts.

(B) Procedure laid down in the appointment of officers of subordinate courts.

(D) Transfer of the Judges of the High Court.

Ans: (A)

10. In which of these cases, Fundamental Duties are judicially invoked ?

Answer using codes given below :

i. Prem Prakash Vs. Punjab University

ii. Suresh Koshy George Vs. University of Kerala

iii. Rural Litigation and Entitlement Kendra Vs. State of Uttar Pradesh

iv. Shri Sachidanand Pandey Vs. State of West Bengal

Codes :

(A) i and ii are correct.

(B) ii and iii are correct.

(D) i, ii, iii and iv are correct.

Ans: (C)

11. Match List – I with List – II using codes given below :

List – I	List – II
i. Executive power must be exercised in accordance with the Constitution. ii. Executive power is the residue of functions of Government, which are not legislative or judicial iii. Executive power may be exercised without prior legislative support. iv. The President is not bound to hear a petitioner for mercy before he rejects the petition.	a. H.H. Maharajadhiraja Madhav Rao Jivaji Rao Scindia Bahadur Vs. Union of India b. Maganbhai Ishwarbhai Patel Vs. Union of India c. Kehar Singh Vs. Union of India d. A. Sanjeevi Naidu Vs. State of Madras

Codes :

i ii iii iv

(A) d a b c

(B) a d b c

(D) b c a d

Ans: (A)

12. The Supreme Court has laid down guidelines for imposing emergency under Art. 356 in one of the following cases :

(A) A.K. Roy Vs. Union of India

(B) S.R. Bommai Vs. Union of India

(D) Rameswar Prasad Vs. Union of India

Ans: (B)

13. By which constitutional amendment “The total number of ministers, including the Prime Minister, in the Council of Ministers shall not exceed fifteen percent of the total number of members of the House of the people” ?

(A) Ninety First

(B) Ninety Second

(D) Ninety Fifth

Ans: (A)

14. Match List – I with List – II and give correct answers by using the codes given below :

List – I (Principles applied by the Courts)	List – II (Cases)
1. Law must be based on justice, equity and good conscience 2. Subrogation 3. Res-Judicata 4. Estoppel	a. R.V. Keyn b. Chorzaw Factory (Indemnity) Case c. Mavrommatis Palestine Concessions Case d. Barcelona Traction Case

Codes :

a b c d

(A) 3 2 4 1

(B) 1 3 2 4

(D) 1 2 3 4

Ans: (B)

15. Who is not the Exponent of the Constitutive Theory of ‘Recognition’ ?

(A) Hegel

(B) Oppenheim

(D) Anzilloti

Ans: (C)

16. Match List – I with List – II and give the correct answer by using the codes given below :

List – I (Sources of Public International Law)	List – II (Case-related)
1. General principles of law recognised by the civilized countries 2. Juristic Work 3. International Customs 4. Justice and Equity	a. North Continental Self case b. Burkina Faso Vs. Mali c. Portugal Vs. India d. Paquete Habaana case

Codes :

a b c d

(A) 1 2 3 4

(B) 2 3 4 1

(D) 4 1 3 2

Ans: (D)

17. Statement – I : Subject to Rules of Jus Cogens, local customary law can supplement or derogate from general custom.

Statement – II : International law does not recognise the concept of local custom.

Using the codes given below give the correct answer :

(A) Both the statements are individually true and Statement – II is the correct explanation of statement – I.

(B) Both the Statements are individually true but Statement – II is not the correct explanation of Statement – I.

(D) Statement – I is false, but Statement – II is true.

Ans: (C)

18. Using the codes given below indicate the chronological sequence in which the following judgements were delivered by the International Court of Justice :

1. Right of passage over Indian Territory case.

2. South-West Africa case.

3. Frontier Dispute.

4. Temple of Preah Vihear

Codes :

(A) 1, 2, 3, 4

(B) 2, 4, 1, 3

(D) 3, 2, 4, 1

Ans: (C)

19. Match List – I with List – II and give the correct answer by using the codes given below :

List – I (Provisions under Statute of International Court of Justice)	List – II (Related Articles)
1. Binding force of decrees of International Court of Justice 2. Methods of conferring Jurisdiction upon the court. 3. Advisory Jurisdiction of the Court. 4. Courts power to allow a state to intervene in case to which it is not a party	a. Article 65 b. Article 62 c. Article 59 d. Article 36

Codes :

a b c d

(A) 3 4 1 2

(B) 2 3 4 1

(D) 1 2 3 4

Ans: (A)

20. In which of the following cases, a child could not be a ‘Hindu’ under the Hindu Marriage Act, 1955 ?

I. Only one parent is a Hindu and the child was brought up as a Hindu.

II. If after the birth of a child both the parents convert to Buddhism.

III. Only one parent is Jain and the child was not brought up as a Jain.

IV. If after the birth of a child both the parents convert to Muslim religion and in the exercise of parental right the child is also converted to Muslim religion.

Codes :

(A) I, II and IV

(B) III and IV

(D) I, II and III

Ans: (B)

21. When two Hindus are descendants of a common ancestress but by different husbands, they are said to be related to each other by

(A) Uterine Blood

(B) Half Blood

(D) Fosterage

Ans: (A)

22. A ‘Muta’ marriage is :

I. A temporary marriage.

II. Recognized under Sunni law.

III. Recognized under Shia law.

IV. For a fixed period.

Codes :

(A) II and IV only

(B) I, II, III and IV

(D) II and III

Ans: (C)

23. A decree of judicial separation :

I. dissolve the matrimonial bond.

II. does not dissolve the matrimonial bond but merely suspends marital rights and obligations during the subsistence of the decree.

III. mandates that the parties still continue to be husband and wife but not obliged to live together.

IV. provides that if the parties have not resumed cohabitation for a period of one year either party may seek divorce.

Codes :

(A) I, II and IV

(B) I, II, III and IV

(D) II, III and IV

Ans: (D)

24. Match List – I with List – II and select the correct answer with the help of codes given below :

List – I	List – II
i. Ijma ii. Faskh iii. Mahr-ul-misl iv. Qiyas	a. Cancellation of marriage b. Opinion of one individual only c. Collective opinion of commentators d. Customary dower

Codes :

i ii iii iv

(A) c a d b

(B) a b c d

(D) d b a c

Ans: (A)

25. Rules relating to spinda relationship are based on the principle of

(A) Polygyny

(B) Endogamy

(D) Polyandry

Ans: (C)

26. Divorce by Zihar is a species of

(A) actual divorce

(B) inchoate divorce

(D) constructive divorce

Ans: (B)

27. For a valid contract acceptance should be

(A) absolute and qualified

(B) partial but unqualified

(D) absolutely qualified

Ans: (C)

28. According to Explanation 2 to Section 25 of the Indian Contract Act, which of the following statements are correct ?

i. An agreement to which the consent of the promisor is not freely given is valid because consideration is adequate.

ii. An agreement to which the consent of promisor is freely given is valid even if consideration is inadequate.

iii. Consideration must be legal.

iv. Consideration can be illegal.

Codes :

(A) i and ii are correct.

(B) ii and iii are correct.

(D) i and iv are correct.

Ans: (B)

29. In Jyotindra Bhattacharjee Vs. Mrs. Sona Balon Bora, it was held that

(A) the onus of proving soundness of mind of a person always rests upon a person who alleges such state of mind of another person.

(B) the onus of proving unsoundness of mind of a person always rests upon a person who alleges such state of mind of another person.

(D) the onus of proving unsoundness of mind is on the judge deciding the case involving person of unsound mind.

Ans: (B)

30. Read Assertion (A) and Reason (R) and give the correct explanation with the help of codes given below :

Assertion (A) : Agreement is void when both parties are under mistake as to the matter of law.

Reason (R) : Parties entering into a contract are legally obliged to know the law relating to the contract.

Codes :

(A) (A) and (R) are correct and (R) is correct reason for (A).

(B) (A) is correct, but (R) is wrong.

(D) Both (A) and (R) are wrong.

Ans: (D)

31. Where, a law promulgated after the contract is made, makes the performance of the agreement impossible, the agreement becomes

(A) Voidable

(B) Valid

(D) Absolutely binding

Ans: (C)

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

List – I	List – II
i. Damages arising in the usual course of things ii. Compensation for mental anguish iii. Measure of damages iv. Compensation for breach of contract where penalty is stipulated for	a. Ghaziabad Dev. Authority Vs. Union of India b. Hadley Vs. Baxendale c. M/s. Ganga Maruthi Vs. Nagaraj d. Jamal Vs. Moolla Dawood

Codes :

i ii iii iv

(A) b a d c

(B) a b d c

(D) d c a b

Ans: (A)

33. Who is the propounder of ‘Pigeon hole’ theory ?

(A) Winfield

(B) Salmond

(D) Paton

Ans: (B)

34. The owner of the bus instructed the driver not to race and compete with other omnibuses on a particular route. Driver still tried to obstruct a rival omnibus and caused an accident.

What shall be the nature of liability ?

(A) The driver shall be liable for the accident because he did not follow the instructions of his owner.

(B) It shall be the liability of the owner of bus because he has no authority to give instruction to his driver and his act was totally wrong.

(C) The owner of the bus shall be vicariously liable for the accident committed by his driver during the course of employment.

(D) Neither owner nor driver shall be liable.

Ans: (C)

35. Which of the following is NOT a sovereign function of the State ?

(A) Construction of military road.

(B) Injury to the plaintiff during the lathi-charge by the police to disperse the unlawful crowd.

(D) Distribution of meals to army personnel.

Ans: (C)

36. Assertion (A) : A wooden chair while being used by a guest, caused an injury to him due to defective manufacture. The guest is entitled to claim damages from the manufacturer.

Reason (R) : The manufacturer owes a duty to take care only towards the lawful buyer under the Consumer Protection Act.

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 the correct explanation of (A).

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

Ans: (C)

37. If a journalist publishes an article in a leading newspaper that all lawyers were thieves, no particular lawyer could sue him unless there is something to point to the particular individual. It refers to

(A) Defamation of a company

(B) Innuendo

(D) Defamation of class of persons

Ans: (D)

38. Match the List – I (Name of Case) with List – II (Name of Court) :

List – I	List – II
1. Municipal Corporation Vs. Subhagwanti 2. Roop Lal Vs. Union of India 3. State Vs. Chironji Lal 4. Rural Transport Service Vs. Bezlum Bibi	i. High Court of Madhya Pradesh ii. High Court of Jammu & Kashmir iii. High Court of Calcutta iv. Supreme Court

Codes :

1 2 3 4

(A) iv ii i iii

(B) ii i iv iii

(D) iv i iii ii

Ans: (A)

39. The Revenue Inspector knowingly disobeys the direction to conduct enquiry at a place for demarcation, what offence, if any, has been caused by him under IPC ?

(A) An offence as per Sec. 166-A.

(B) For continuing to remain in an unlawful assembly as per Sec. 145.

(D) For giving false information as per Sec. 201.

Ans: (A)

40. A man has committed physical contact involving unwelcome sexual overture against a female. What offence has been caused by him under IPC ?

(A) Requesting for sexual favour as per Sec. 354-A(1)(ii).

(B) Sexual harassment as per Sec. 354(1)(i).

(D) Attempt to rape as per Sec. 370(A).

Ans: (B)

41. Read the Assertion (A) and the Reason (R) given below to answer the correct explanation using the codes :

Assertion (A) : The legal right involves freedom from penalty.

Reason (R) : A legal right is one which is either enforceable or recognised.

Codes :

(A) Both (A) and (R) are correct, but (R) is not the correct explanation of (A).

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

(D) Assertion (A) is incorrect because Reason (R) fixes liability when not enforceable or derecognised.

Ans: (B)

42. The maxim ‘ream linguam non facit nisi mens rea’ is propounded by

(A) Coke

(B) Lord Kenyon

(D) Lord Arbinger

Ans: (C)

43. Fill in the gap :

Disobedience of law is not ordinarily a crime unless that act is declared as crime by some ______.

(A) law

(B) method

(D) All the above

Ans: (A)

44. The Indian Penal Code prohibits fixing of liability on a person so long he is authorised or gives assent to it. But there is an exceptional situation arising out of :

(A) Libel

(B) Public nuisance

(D) All of them

Ans: (D)

45. Who among the following moved a resolution in the Central Legislative Assembly recommending that the Government should introduce a legislation for registration and protection of Trade Union in the year 1921 ?

(A) B.P. Wadia

(B) M.N. Joshi

(D) V.V. Giri

Ans: (B)

46. “Works Committee under the Industrial Disputes Act should be substituted by an ‘Industrial Relations Committee’ to promote in-house dispute settlement.” This recommendation was made by

(A) Royal Commission on Labour

(B) National Commission on Labour 1969

(D) National Commission for enterprises in the Unorganised Sector

Ans: (C)

47. Who is a protected workman under the Industrial Disputes Act ? Answer from the codes given below :

1. A workman who is a member of a registered Trade Union.

2. Recognised by the Registrar of the Trade Union as protected workman.

3. A workman who is a member of the Executive or other office bearer of a registered Trade Union connected with the establishment.

4. Recognised as protected workman under the rules applicable to the establishment.

Codes :

(A) 1 and 2

(B) 2 and 4

(D) 1 and 3

Ans: (C)

48. Failure of the conciliation proceedings under the Industrial Disputes Act leads to refer the matter to adjudication by

(A) the conciliation officer

(B) both employer and employee

(D) the appropriate government

Ans: (D)

49. The power of the Government to refer a Dispute under the Industrial Disputes Act is

(A) Mandatory

(B) Discretionary

(D) Either mandatory or discretionary

Ans: (B)

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

Assertion (A) : The conciliation officer has no power under the Industrial Disputes Act when neither industrial disputes exists or apprehended.

Reason (R) : Conciliation officer only investigates the Industrial disputes which exists or apprehended.

Codes :

(A) Both (A) and (R) are wrong.

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

(D) (A) is wrong and(R) is correct.

Ans: (B)

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