Paper II LAW June 2013

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

1.        “It is likely that free India may be federal India, though in any event there would be a great deal of Unitary Control.” This statement was made by

(A) Sir Alladi Krishna Swami Iyyer

(B)  Dr. B. R. Ambedkar

(C)  Pt. Jawahar Lal Nehru

(D) Sardar Vallabh Bhai Patel

 Ans: (C)

2.        Judicial Review in the Constitution of India is based on

(A) Precedents and conventions

(B)  Rule of law

(C)  Due process of law

(D) Procedure established by law

Ans: (D)

3.        The Constitution of India embodies the parliamentary form of government because:

(A) The Council of Ministers is collectively responsible to the Lok Sabha.

(B)  The Council of Ministers is responsible to Lok Sabha and Rajya Sabha.

(C)  The President, the head of the executive, is answerable to Parliament.

(D) The Prime Minister, the Head of the Cabinet, is accountable to Parliament.

Ans: (A)

4.        The Supreme Court held that Election Commissioners cannot be placed on par with the Chief Election Commissioner in terms of power and authority in the following case:

(A) S. S. Dhannoa Vs Union of India

(B)  T. N. Seshan Vs Union of India

(C)  A. C. Jose Vs Sivan Pillai

(D) Venkatachalam Vs A. Swamickan

Ans: (A)

5.        The maximum interval between the two sessions of each House of Parliament is

(A) Three months

(B)  Four months

(C)  Five months

(D) Six months

Ans: (D)

6.        The Supreme Court observed that “Parliamentary proceedings are not subject to Fundamental Rights” in the following case:

(A) Keshav Singh Vs Speaker, U. P. Assembly

(B)  Gunapati Vs Habibul Hasan

(C)  M. S. M. Sharma Vs Srikrishna Sinha

(D) State of Punjab Vs Satpal Dang

Ans: (C)

7.        For the purpose of creating a new State in India an amendment to the Constitution of India must be passed by

(A) 2/3rd majority of the members of both Houses of Parlament present and voting.

(B)  2/3rd majority of the members of both Houses of Parliament and ratification by not less than 2/3rd majority of the States.

(C)  A simple majority in Parliament and ratification by not less than half of the States.

(D) A simple majority by the Parliament.

Ans: (D)

8.        Match the following:

List-I       a. Perfect right b. Negative right c. Imperfect right d. Positive right

List-II 1.      which has correlative positive duty. 2.      which has a correlative duty that can be legally enforced. 3.      A has a right to receive damages. 4.      That right which although recognised by State but not enforceable.

            a          b          c          d

(A)                       3          4          1          2

(B)                        2          3          4          1

(C)                        4          3          2          1

(D)                       1          2          3          4

Ans: (B)

9.        According to which school, “the purpose of jurisprudence is to analyse and dissect the law of the land as it exists today”

(A) Analytical Jurisprudence

(B)  Historical Jurisprudence

(C)  Sociological Jurisprudence

(D) Philosophical Jurisprudence

Ans: (A)

10.    “The one who holds the property is the owner.” Give your correct response from following on the basis of above statement:

(A) The holder of property may be mere possessor or bailed.

(B)  The holder of property need not be the owner.

(C)  This statement is not correct.

(D) This statement is correct.

Ans: (B)

11.    The sources of law have been divided into two classes. These are

(A) Divine sources and human sources

(B)  Formal sources and material sources

(C)  Natural sources and universal sources

(D) A and B both of the above

Ans: (A)

12.    According to whose theory, “Law is not universal in its nature; like language it varies with people and age”

(A) Bentham's theory

(B)  Austin's theory

(C)  Savigny's theory

(D) Montesquieu's theory

Ans: (C)

13.    Which one of the following pairs is not correctly matched?

(A) Law properly so-called (in regard to notion of law) Which is distinct from morals?

(B)  Law improperly so-called (in regard to notion of law) Other laws.

(C)  Audi alteram partem Rule of natural justice.

(D) Conspectus of justice Justice denied.

Ans: (D)

14.     Assertion (A): The Maneka Gandhi's case is a landmark decision from the point of human rights and remedial jurisprudence.

Reason (R): From the positivist point of view, equality is antithetic to arbitrariness.

(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).

(C)  A is true, but R is false.

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

Ans: (B)

15.    Who among the following said that the law of naton is “the body of legal rules which apply between states and such entities as have been granted international personality”

(A) Fenwick

(B)  Oppeheim

(C)  Schwarzenberger

(D) Verdoss

Ans: (C)

16.    The main difference between Defacto and De-jure recognition is

1.      De-facto recognition may be withdrawn while De-jure recognition is full and final.

2.      Only De-jure recognised statescan represent the old states, for the purpose of state succession.

3.      In De-jure recognition, formal diplomatic relations are established while in case of Defacto they may not be entered into:

4.      Former is legal and the latter is a factual recognition.

Codes:

a.       1, 2 & 3

b.      2, 3 & 4

c.       2 & 3

d.      1 & 2

Ans: (A)

17.    A member of the United Nations can be suspended from the exercise of rights and privileges of membership by the

(A) General Assembly

(B)  Security Council

(C)  General Assembly on the recommendations of the Security Council

(D) Secretary General on the recommendations of the Security Council

Ans: (C)

18.    Assertion (A): International Law consists for the most part of customary rules.

Reason (R): Customary rules are the original and oldest source of International Law.

(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).

(C)  A is true, but R is false.

(D) A is false and R is true.

Ans: (B)

19.    Universal Declaration of Human Rights was adopted on

(A) December 10, 1948

(B)  November 10, 1948

(C)  October 20, 1948

(D) January 21, 1948

Ans: (A)

20.    Assertion (A): Human Rights occupy a significant place in the UN Charter.

Reason (R): Members of the UN have committed themselves to promote respect for and observance of human rights and fundamental rights.

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

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

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

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

Ans: (B)

21.    Adultery by a Hindu husband is

(A) Ground of divorce only

(B)  Not a ground of divorce

(C)  Ground of judicial separation

(D) None of the above

Ans: (D)

22.  ‘A’ marries ‘B’ the widow of the elder brother. The marriage is

(A) Valid

(B)  Void

(C)  Voidable

(D) None of the above

Ans: (B)

23.  Marriage with an impotent and has not been consummated. The marriage is

(A) Valid

(B)  Void

(C)  Nullity

(D) Irregular

Ans: (C)

24.  ‘Khula’ is a form of divorce by

(A) Sale

(B)  Purchase

(C)  Agreement

(D) Coercion

Ans: (B)

25.  Muta marriage could not be dissolved

(A) Ipso facto by the efflux of the period

(B)  By death

(C)  By divorce

(D) By Hiba-i-Mudat

Ans: (C)

26.    By which of the following way a Muslim marriage can be dissolved by a Muslim husband?

(A) Talaq

(B)  Illa

(C)  Zihar

(D) Above all

Ans: (D)

27.    When a person making a false statement believes the statement to be true and does not intend to mislead to the other party to the contract, it is known as

(A) Mistake

(B)  Fraud

(C)  Misrepresentation

(D) Undue influence

Ans: (C)

28.  Assertion (A): An agreement not enforceable by law is said to be void.

Reason (R): Law has no force.

(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 correct explanation of (A).

(C)  A is true, but R is false.

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

Ans: (C)

29.  A and B are friends. A told to B to show him a new movie in a posh theatre, upon which A promised to offer him lunch in a5 star hotel. B showed hm a movie in a posh theatre, but A gave lunch to B in a road side dhaba. Decide A's liability using codes given below: Codes:

(A) A is liable because there was intention to create legal relation between A and B.

(B)  A is not liable because there was no intention to crate legal relation between A and B.

(C)  B was mistaken.

(D) A was mistaken.

Ans: (B)

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

1.      Offer is communicated.

2.      Counter offer is made.

3.      Offer is rejected.

4.      Counter offer is accepted.

Codes:

(A) 1, 2, 3, 4

(B)  1, 3, 2, 4

(C)  1, 4, 2, 3

(D) 2, 1, 3, 4

Ans: (B)

31.    Following are essentials of valid contract:

1.      Parties to contract should have capacity to contract.

2.      Parties to contract should have legal mind.

3.      Parties to contract should be intelligent.

4.      Invitation to offer should be accepted.

Find correct answer, using codes:

(A) Only 1 is correct.

(B)  Only 1 and 4 are correct.

(C)  All of above are correct.

(D) Only 2 is correct.

Ans: (A)

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

Table – A Table – B

List-I a.       Ambiguous and uncertain agreements b.      Coercion 2. c.       Past consideration d.      Remoteness of damage

List-II 1.      Section (1) 2.      Section (2) 3.      Section 73 4.      Section 29

a        b          c         d

(A)  2       3          4          1

(B)   3       2          4          1

(C)   3       2          1          4

(D)  1       4          3          2

Ans: (A)

33.    Which one of the following statements is incorrect?

a.       Tort is a civil wrong in which claim for unliquidated damages is made.

b.      In tort, action lies against the wrong-doer in a civil court.

c.       For a tortious liability, a jail term can also be awarded.

d.      In some torts an injunction can also be issued against the wrong-doer

Ans: (C)

34.    Which one of the following defences is not available in Law of Tort?

(A) Volenti non-fit injuria

(B)  Act of God

(C)  Contributory negligence

(D) Inevitable accident

Ans: (C)

35.    ‘Sometimes it happens that the legal right of a person is violated but he does not suffer any harm.’ From which one of the following maxim we can attribute it?

(A) Damnum sine injuria

(B)  Injuria sine damno

(C)  Volenti non-fit injuria

(D) Res ipsa loquitur

Ans: (B)

36.    The rule of ‘absolute liability’ was laid down by the Supreme Court of India in the following case:

(A)    Rylands vs. Fletcher

(B)    M. C. Mehta (Sriram Food and Fertilizer Co.) vs. Union of India

(C)    M. C. Mehta (C. N. G. Fuel case) vs. Union of India

(D)    None of the above

 Ans: (B)

37.    In which of the following cases did the Supreme Court of India gave the ruling that sovereign immunity of the State is subject to the Fundamental Rights?

(A) Kasturilal Ralia Ram Jain vs. State of U. P.

(B)  State of Rajasthan Vs Vidhyawati

(C)  People's Union for Democratic Rights vs. State of Bihar

(D) Shyam Sundar vs. State of Rajasthan

Ans: (C)

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

(A) Direct consequences 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) Foreseeable damage.

Ans: (B)

39.  Match List-I (Jurists) with List-II (Assumptions) and select the correct answer using the codes given below:

List-I a.       Lord T. B. Macauley b.      Jermy Bentham c.       Kelson d.      Sir Barnes Peacock

List-II 1.      Preparation of PenalCode of India 2.      UN written jurisprudence on Penal principles 3.       Substantive law on crimes 4.      Revision of Penal law

a        b          c          d

(A) 1        2          3         4

(B)  2        1          4          3

(C)  3        4          1          2

(D) 4        1          2          3

Ans: (A)

40.    Match List-I (Objectives) with List-II (Propositions) and select the correct answer using the codes given below:

List-I a.       Inchoate crime b.       Attempt c.       Preparation d.      Intention

List-II 1.      ‘Whaton’ says it is the beginning but not complete. 2.      It does not act towards the commssion of offence. 3.      Culprit commences to do something. 4.      When preparation merges itself with attempt.

      a        b          c          d

(A) 2        3          4          1

(B)  1        2          3          4         

(C)  3        4          1          2

(D) 4        1          2          3

Ans: (B)

41.    Fill in the blank using appropriate statement. Non Compos Mentis means ______

(A) Not of sound mind.

(B)  Who lacks the requisite mens rea.

(C)  Unable to know that the act is either wrong or contrary to law.

(D) A concussion of brain.

Ans: (A)

42.    Fill in the blank using appropriate reason. Right to private defence by a friend is generally not available because _______

(A) There were no specified circumstances.

(B)  Explanation II of Section 300 IPC is a bar for it.

(C)  The act was not with an intention to protect the friend.

(D) The offending party was an aggressor.

Ans: (B)

43.    Read Assertion 1. And Reason 2. And with the help of codes given below select the correct explanation. Assertion 1. Section 95 of IPC is intended to prevent penalization of negligible wrongs of trivial character because: Reasons 2.

1.      The injury is negligible.

2.      The victim and the wrongdoer were related to each other.

3.      The injured and the offender were not related by circumstances.

4.      The nature of injury was very minor.

Codes:

(A) 1 is true and 4 is the reason while 2 and 3 are not true.

(B)  2 is true and 3 is the reason while 1 and 4 are false.

(C)  3 is true and 4 is the reason while 1 and 2 are not true.

(D) 4 is the only reason while all others 1, 2 and 3 are false.

Ans: (A)

44.    Fill in the blank: Deceiving dishonestly by inducing a person to retain the property is known as ______ offence.

(A) Concealment

(B)  Deception by false pretention

(C)  Cheating

(D) Fraud

Ans: (C)

45.    Which of the following amount to Industrial Dispute?

(A) Any dispute between Employers and Employees.

(B)  Between Employers and Workmen.

(C)  Between Workmen and Workmen.

(D) All these.

Ans: (D)

46.    In which of the following case, the Supreme Court held that “the benefit of running allowance had to be taken into consideration for computing pension only once, at the time of retirement of the employee, not for any future calculation”

(A) U. O. I. Vs Dhingara and others (2008) I LLJ 867 (SC)

(B)  Bennet Coleman & Co. Vs. Punya Priyadas AIR 1970 SC426

(C)  State Bank of Patiala vs. Phoolpati (2005) II LLJ 473 (SC)

(D) Pearlite Lines Pvt. Ltd. Vs. Manorama Sirse (2004) I LLJ 1041 (SC)

Ans: (A)

47.    Which rights remain unaffected, during the pendency of a proceeding before a court of inquiry under Sections 22, 23 and 33 of the I. D. Act, 1947?

(A) Workmen to go on strike.

(B)  The rights of Employer to dismiss or to punish the workmen.

(C)  Employer to lock-out his business.

(D) All the above:

Ans: (D)

48.    Assertion (A): Termination of service does not amount to retrenchment.

Reason (R): Amount of loss of retrenchment is more than amount of termination.

(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 is true, but R is false.

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

Ans: (C)

49.    Assertion (A): Strike is stoppage of work by a body of persons employed in any service acting in combination.

Reason (R): Combined work is service oriented.

(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, R is false.

Ans: (C)

50.    Trade unionism to be fully effective demands

(A) Union of trade

(B)  Trade of union

(C)  Democratic spirit and education

(D) Soul-elevating and democratic spirits

Ans:        (C)

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