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UGC NET Original Questions Paper III in Law { 2012 December }



1. Democracy and Federalism are essential features of our Constitution and basic feature of its structure. This observation was made in S.R. Bommai vs. Union of India by the Judge.


(A) Justice P.B. Sawant


(B) Justice S.R. Pandyan


(C) Justice J.S. Verma


(D) Justice A.M. Ahmadi


Answer: (A)





2. According to A.V. Dicey in India the ‘Rule of Law’ is embodied in


(A) Article 12 of the Constitution of India


(B) Article 13 of the Constitution of India


(C) Article 14 of the Constitution of India


(D) Article 21 of the Constitution of India


Answer: (C)





3. When the court declares that certain provisions of the Act as invalid, it does not affect the validity of the Act and it remains as it is. The principle is known as:


(A) Doctrine of prospective over ruling.


(B) Doctrine of severability.


(C) Doctrine of pleasure.


(D) Doctrine of Eclipse.


Answer: (B)





4. Assertion (A): A Bill which contains a taxation clause besides clauses dealing with other matters may also be a Money Bill.


Reason (R): All Bills dealing with taxes are Money Bills.


Codes:


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


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


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


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


Answer: (A)





5. Article 40 of the Constitution of India deals with


(A) Provision for Just and humane conditions of work and maternity relief.


(B) Living wages etc. for workers.


(C) Duty of the State to raise the level of nutrition.


(D) Organisation of Village Panchayats.


Answer: (D)





6. Article 20 and Article 21 has been taken from the purview of Article 359 of the Constitution of India by


(A) 42nd Amendment


(B) 43rd Amendment


(C) 44th Amendment


(D) 59th Amendment


Answer: (C)





7. The Chairperson of Delimitation Commission


(A) Justice Kuldeep Singh


(B) Justice R.S. Sarkaria


(C) Justice R.S. Pathak


(D) Justice S.N. Phukan


Answer: (A)





8. Representation of House of People is based on


(A) Literacy of State


(B) Area of the State


(C) Population


(D) Community


Answer: (C)





9. Find correct answer:


Administrative law is the law relating to the powers and procedures of


(A) The Parliament


(B) The Legislature


(C) The Administrative Authorities


(D) Judiciary


Answer: (C)





10. Find the correct answer:


The principles of natural justice are:


(i) No person can be judge in his own case.


(ii) No person shall be condemned unheard.


Codes:


(A) Only (i) is correct.


(B) Only (ii) is correct.


(C) (i) and (ii) are correct.


(D) None of the above are correct.


Answer: (C)





11. Find correct answer:


Administrative Tribunals exercises:


(A) Purely Administrative functions


(B) Purely Judicial functions


(C) Purely Legislative functions


(D) Quasi Judicial functions


Answer: (D)





12. What is the effect of violation of the rule: “Audi Alteram Partem” on an administrative action?


(A) Mere irregularity


(B) Null and void


(C) An illegality


(D) Voidable


Answer: (B)





13. In which of the following cases, the Supreme Court held that the principles of natural justice are applicable to administrative proceedings?


(A) M.C. Mehta Vs. Union of India.


(B) Maneka Gandhi Vs. Union of India.


(C) A.K. Kraipak Vs. Union of India.


(D) Smt. Indira Nehru Gandhi Vs. Raj Narain.


Answer: (C)





14. Find correct answer:


The writ of prohibition may be issued, when there is


(A) An absence of jurisdiction or abuse of jurisdiction.


(B) Violation of principles of natural justice and fraud.


(C) Any kind of contravention of the law of the land.


(D) all of the above.


Answer: (D)





15. Find correct answer:


The writ of certiorari necessarily implies that


(A) An error of fact, cannot corrected.


(B) An error of law apparent on the face of the record can be corrected.


(C) Violation of natural justice.


(D) None of the above.


Answer: (B)





16. “Common law is essentially a Judge made law”.


This opinion was expressed by


(A) Pollock


(B) Austin


(C) Paton


(D) Salmond


Answer: (D)





17. Match the following:


List – I                        List – II


a. Enacted law            1. Legislation


b. Case law                  2. Agreement


c. Customary law        3. Precedent


d. Conventional law    4. Custom


Codes:


       a b c d


(A) 1 2 4 3


(B) 1 2 3 4


(C) 1 3 4 2


(D) 3 1 4 2


Answer: (C)





18. State the legal status of Hindu Joint family.


(A) Hindu Joint family is a legal person.


(B) Hindu Joint family is a natural person.


(C) Hindu Joint family is both a legal and natural person.


(D) None of the above.


Answer: (A)





19. “Case-law is gold in the mine-a few grains of precious metal to the tons of useless matter, while the statute law is coin of the state which ready for immediate use”. Who gave this statement?


(A) Bentham


(B) Salmond


(C) Kelsen


(D) Holland


Answer: (B)





20. “Law is the guarantee of the conditions of life of society, assured by the States’’ power of constraint” who said it?


(A) Dvguit


(B) Ihering


(C) Savigny


(D) Ehrlich


Answer: (B)





21. Match List – I (Legal Right) with List – II (Nature of Legal Right) and select the correct answer by using the codes given below the lists:


List – I                                                List – II


a. Time barred debt                             1. Personal Right


b. Right to reputation                          2. Right in Personam


c. Right to physical integrity               3. Imperfect Right


d. Right arising out of a contract        4. Right in Rem


Codes:


       a b c d


(A) 3 4 2 1


(B) 3 2 1 4


(C) 2 3 1 4


(D) 3 4 1 2


Answer: (D)





22. Right in re aliena means a right over


(A) His own property.


(B) A property of someone else.


(C) A property situated in a foreign country.


(D) A property situated in one’s own country.


Answer: (B)





23. The birth and death of legal person is determined by


(A) Nature


(B) Custom


(C) Law


(D) Precedent


Answer: (C)





24. Read the following passage and match the column:


The social tolerance towards crime establishes the concept of crime. No longer people accept that crime is related to sin by which people feel remorse and undergo penance to seek exoneration from punishment. But there is a general opinion that crime is relatively connected to individual behaviour, which very often changes. To resolve the conflict, the general view is that, anything which is injurious to public welfare is a crime.


Column ‘P’                  Column ‘Q’


i. Russell          –          Crime is not absolute as it depends upon social tolerance.


ii. Black Stone –          Changing concept of crime as it is related to sin.


iii. H.J. Klare –            Crime is known through attributes as it is related to behaviour.


iv. G.W. Patton –        Act which does not attract law is not a crime.


Correct answer is


(A) i


(B) ii


(C) iii


(D) iv


Answer: (A)





25. Fill in the gap. Contributory negligence is ______ defense to a criminal charge.


(A) Genuine


(B) Accurate


(C) Sharp


(D) no


Answer: (D)





26. The accused fired two shots with a revolver at point blank range at the Acting Governor but the bullets failed to produce the desired result because of some defect in the ammunition or intervention of leather wallet. What offence is caused?


(A) Culpable Homicide


(B) Attempt to Murder


(C) Attempt to harm


(D) None of them


Answer: (B)





27. In a case where a minor girl was in the custody of her mother. Later the mother obtained divorce from her husband and thereafter the father forcefully removed the daughter from the school. What offence is created by the father?


(A) Abduction


(B) Kidnapping


(C) Confinement


(D) Custody


Answer: (B)





28. Can a woman be prosecuted for gang rape?


(A) Occasionally


(B) As the case demands


(C) Not at all


(D) When she is a party to it


Answer: (C)





29. Criminal breach of trust is an offence which signifies:


(A) Entrustment


(B) Demand


(C) Refusal


(D) Wrongful intention


Answer: (A)





30. ‘X’ a Police Officer while executing a warrant of arrest against ‘Y’ asks ‘Z’ to identify ‘Y’. ‘Z’ knowingly tells that ‘M’ is ‘Y’ and consequently ‘M’ is arrested. What offence is committed by ‘Z?


(A) Abetment by Instigation


(B) Abetment by Aiding


(C) Abetment by False representation


(D) Abetment by Mischief


Answer: (C)





31. A married man commits adultery if he commits sexual intercourse with


(A) A teen aged girl.


(B) An unmarried woman.


(C) Any woman who is not his wife.


(D) Married woman.


Answer: (D)





32. In which of the following cases, the Supreme Court applied the doctrine of public trust that the State as a trustee of all natural resources is under a legal duty to protect the natural resources. These natural resources are meant for public use and cannot be converted into private ownership?


(A) M.C. Mehta Vs. Kamalnath and Others.


(B) M.C. Mehta Vs. Union of India (Ganga Water Pollution case)


(C) M.C. Mehta Vs. Union of India (Replacing diesel vehicles by CNG vehicles)


(D) Church of God (Full Gospel) in India Vs. KKR Majestic Colony Welfare Association.


Answer: (A)





33. In which of the following cases, the Supreme Court discussed the development of the precautionary principle?


(A) A.P. Pollution Control Board Vs. M.V. Nayudu.


(B) Rural Litigation and Entitlement Kendra Vs. State of U.P.


(C) M.C. Mehta Vs. Union of India (Ganga Water Pollution case)


(D) Olga Tellis (1986) case


Answer: (A)





34. The term “environment” under Section 2 (a) of the Environment (Protection) Act, 1986 means


(A) Air, Water and Land only.


(B) Water, Air, Land and interrelationship between air, water, and land only.


(C) Water, Air, Land, and the interrelationship between water, air and land and human beings, other living creatures, plants, micro-organism and property.


(D) None of the above.


Answer: (C)





35. Assertion (A): The right to clean drinking water and right to free air to breath are attributes of the right to life.


Reason (R): Because they are the basic elements which sustain life.


Codes:


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


(B) Both (A) and (R) are true. But (R) is not a good explanation of (A).


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


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


Answer: (A)





36. In which of the following cases, the Supreme Court observed that, ‘When there is a state of uncertainty due to the lack of data or material about the extent of damage or pollution likely to be caused, then in order to maintain the ecological balance, the burden of proof that the said balance will be maintained must necessarily be on the industry or the unit which is likely to cause pollution’?


(A) M.C. Mehta Vs. Union of India.


(B) Olga Tellis Vs. Bombay Municipal Corporation.


(C) Taj Trapezium case.


(D) None of the above.


Answer: (D)





37. In which of the following cases, the Supreme Court directed closing down and demolition of shrimp industries in coastal regulation zone and implement the “precautionary principle” and “the polluter pays principle and held them liable for payment of compensation for reversing the ecology and compensate the individual for loss suffered?


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


(B) Vellore Citizens Welfare Forum Vs. Union of India.


(C) M.C. Mehta Vs. Union of India.


(D) Church of God (Full Gospels) in India Vs. KKR Majestic Colony Welfare Association.


Answer: (A)





38. In which of the following cases, the Supreme Court upheld the governmental direction to close down the lime-stone mining operations and quarrying permanently, holding it the duty of the lessee to protest and safeguard the right of the people to live in a healthy environment with minimal disturbance of ecological balance?


(A) All India Council for Enviro Legal Action Vs. Union of India.


(B) Rural Litigation and Entitlement Kendra Vs. State of Uttar Pradesh.


(C) Vellore Citizens Welfare Forum Vs. Union of India.


(D) M.C. Mehta Vs. Union of India.


Answer: (B)





39. Match the correct answer from List – B to the item in List – A.


List – A


a. The polluter pays principle


List – B


(A) Each generation should be obligated to conserve the diversity of natural and cultural resources base so that it does not restrict options of the future generations.


(B) Affirmative State Action for efficient management of resources and empowers the citizens to question ineffective management of natural resources.


(C) The pollutant not only has an obligation to make good the loss to the victims but has to bear the costs of restoring the environment to its original state.


(D) State’s obligation to devise and implement a cohesive and coordinated programme to meet its obligation to sustainable development.


Answer: (C)





40. “If International Law were only a kind of morality, the framers of state papers concerning foreign policy would throw all strength on moral argument. But as a matter of fact, this is not what they do. They appeal not to the general feeling of moral rightness, but to precedents, to treaties, and to opinions of specialists. They assume the existence among statesmen and publicists of a series of legal as distinguished from moral obligations in the affairs of nations.”


This observation is made by


(A) Frederick Pollock


(B) L. Oppenheim


(C) Hans Kelsen


(D) P.C. Corbett


Answer: (A)





41. What are essential tests for the existence of International Custom?


(A) Uniform practice of States and longevity of time period.


(B) Uniform practice of States and opinojuris sine necessitatis.


(C) Uniform practice of States, longevity of time period and opinojuris sine necessitatis .


(D) None of the above.


Answer: (B)





42. In which of the following cases, Judge Alvarez evolved a doctrine that General Assembly resolutions are virtually binding upon States in a legislative sense?


(A) South West Africa Voting Procedure case, ICJ Reports, 1975, p.12


(B) Western Sahara case, ICJ Reports, 1975, p.12


(C) Anglo-Norwegian Fisheries case, ICJ Reports, 1951, p. 152


(D) South West Africa Voting Procedure case, ICJ Reports, 1955, p.67


Answer: (C)





43. Which of the following cases relates to nationality of an individual which is an evidence of the link of an individual with the State?


(A) Nottebohm case (Leichtenstein V. Guatemala), ICJ Reports, 1955, p.4


(B) South West Africa, Advisory Opinion, ICJ Reports, 1971, p.16


(C) Reservations to the Genocide Convention case, ICJ Reports, 1951, p.15


(D) United States Diplomatic and Consular Staff in Tehran, ICJ Reports, 1980, p.3


Answer: (A)





44. The non-permanent members of the Security Council of United Nations are elected for a term of


(A) Three years


(B) Five years


(C) One year


(D) Two years


Answer: (D)





45. Which of the following has the power to give effect to the judgment of the International Court of Justice if a party to the case fails to perform the obligations incumbent upon it under a judgment?


(A) General Assembly


(B) Security Council


(C) Highest National Court in the concerned State


(D) International Court of Justice


Answer: (B)





46. In which of the following cases, International Court of Justice refused to give advisory opinion at the request of World Health Organization?


(A) Legality of the Threat of Use of Nuclear Weapons.


(B) Nicaragua Vs. U.S.A.


(C) Competence of Assembly regarding admission to United Nations.


(D) North Sea Continental Shelf cases.


Answer: (A)





47. In which of the following case the Supreme Court held that “The Three Talaks” would be treated as a ‘Single Talak” and not a valid Talak ?


(A) ShamimAra Vs. State of U.P. AIR 2002 SCR 4162


(B) Mohd. Ahmed Khan Vs. Shah Bano AIR 1985 SC 365.


(C)Bai Tahira Vs. Ali Hussain AIR 1979 SC 362.


(D) None of the above.


Answer: (A)





48. Ceremonies of Hindu Marriage have been laid down in Minute details in


(A) Dharma Sutra


(B) Dharma Shastra


(C) Grhiya Sutra


(D) None of the above


Answer: (C)





49. To mature as a ground of Divorce the ‘Desertion’, under the Hindu Marriage


Act, 1955, must continue for a minimum period of


(A) One year


(B) Two years


(C) Three years


(D) None of the above


Answer: (B)





50. In which of its following Report the Law Commission recommended, the “Breakdown Principle’ to be accepted as the additional ground of Divorce?


(A) 70th Report


(B) 71st Report


(C) 72nd Report


(D) None of the above


Answer: (B)





51. Which of the following Ceremony/Ceremonies are obligatory under the Hindu Marriage Act?


(A) Kanyadan


(B) Panigrahan


(C) Saptapadi


(D) All of the above


Answer: (C)





52. Children born to annuled voidable marriages or void marriages under Section 11 and 12 of the Hindu Marriage Act are:


(A) Illegitimate


(B) Illegitimate but can inherit the property of their parents.


(C) Legitimate and can inherit all family property.


(D) Legitimate but can inherit only the property of their parents.


Answer: (D)





53. In which of the following cases, the court held that “Dower (Mehar) is a sale price of women”?


(A) Humara Begum case


(B) Aziz BanoVs. Mohammed


(C) Shah Bano case


(D) Abdul Kadir case


Answer: (D)





54. “Iddat” is a period during which a Muslim woman is prohibited from marrying on dissolution of marriage.


(A) By Death of husband


(B) By Divorce


(C) Only (A) and not (B)


(D) Both (A) and (B)


Answer: (D)





55. Indicate the order in which the following words appear in the definition of ‘Human Rights’ as given in Section 2(d) of the Protection of Human Rights Act, 1993.


(i) Life


(ii) Liberty


(iii) Equality


(iv) Dignity


Codes:


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


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


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


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


Answer: (D)





56. Who is the Chairperson of NHRC?


(A) Justice J.S. Verma


(B) Justice K.G. Bala Krishnan


(C) Justice A.S. Anand


(D) Justice M.N. Venkatachalaiah


Answer: (B)





57. Match List – I with List – II and select the correct answer with the help of codes attached.


List – I                                                                                    List – II


a. Magna Carta                                                                        1. 1948


b. International Convention on Civil and Political Rights      2. 1989


c. Universal Declaration of Human Rights                             3. 1215


d. Convention on the Rights of Child                                    4. 1966


Codes:


       a b c d


(A) 3 4 1 2


(B) 2 3 1 4


(C) 1 2 3 4


(D) 4 2 1 3


Answer: (A)





58. India is not a party to


(A) International Convention on Civil and Political Rights.


(B) International Convention on Economic, Social and Cultural Rights.


(C) Convention on the Rights of Child.


(D) Optional Protocol to International Civil and Political Rights.


Answer: (D)





59. The ‘Convention on Elimination of All Forms of Discrimination against Women’ was entered into force in the year.


(A) 1979


(B) 1981


(C) 1989


(D) 1992


Answer: (B)





60. The Committee on Economic, Social and Cultural Rights was established under ECOSOC Resolution No. 17 adopted on


(A) 28th May, 1985


(B) 30th May, 1985


(C) 26th April, 1986


(D) 24th May, 1986


Answer: (A)





61. Which one of the following is the fourth generation of Human Right?


(A) Right to Life


(B) Right to Health


(C) Right to Environment


(D) Right to Communication


Answer: (D)





62. Which of the following statement is true?


1. Under English Law Libel is actionable per-se.


2. Under Indian Law ‘Libel’ as well as Slander are actionable per-se.


3. Under English Law, only ‘Libel’ is a crime.


4. Under Indian Law both ‘Libel’ and ‘Slander’ are crime.


(A) 1, 2 and 3 are correct.


(B) 1, 2, 3 and 4 are correct.


(C) 2, 3 and 4 are correct.


(D) 1, 3 and 4 are correct.


Answer: (C)





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


List – I                                                                        List – II


a. Deficiency of services                                             1. Section – 12


b. Grounds of making a complaint                             2. Section 2 (1) (g)


c. Findings of the District Forum and relief               3. Indian Oil Corporation Vs. Lakshmi Shankar Narain (1999) 9 S.C.C.2


d. An ex-parte unreasoned order can be recalled       4. Section 14


Note: Section above are from the Consumer Protection Act.


Codes:


       a b c d


(A) 1 2 4 3


(B) 2 1 4 3


(C) 2 1 3 4


(D) 3 4 2 1


Answer: (B)





64. Nuisance is a form of Tort


(A) Which is actionable per-se.


(B) Which is not actionable per-se.


(C) Actionable per-se if plaintiff suffers pecuniary loss.


(D) None of the above


Answer: (B)





65. Assertion (A): Services rendered to a patient by a Medical Practitioner, by way of consultation, diagnosis and treatment would fall within the ambit of ‘services’ as defined, in


Section 2(1) (O) of the Consumer Protection Act.


Reason (R): Like other professions, Medical Practitioner should also conduct himself by using of reasonable skill and care.


Find correct answer using codes given below:


Codes:


(A) (A) is true and (R) is false.


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


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


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


Answer: (C)





66. Which of the following is an essential constituent of negligence?


1. Defendant was under a legal duty to exercise due care.


2. This duty was owed to plaintiff.


3. Defendant committed breach of such duty.


4. That the breach of such duty was the direct and proximate cause of the damage alleged.


(A) 1, 2 and 3 are correct.


(B) 1, 2, 3 and 4 are correct.


(C) 2, 3 and 4 are correct.


(D) 1, 2 and 4 are correct.


Answer: (B)





67. The Rule of ‘Absolute Liability’ was laid down in the case


(A) M.C. Mehta vs. Union of India


(B) Madras Railways Co. vs. Zamidar


(C) K. Nagireddi vs. State of A.P.


(D) Minu B. Mehta vs. Balakrishna


Answer: (A)





68. Consider the following elements:


1. Infringement of a legal right


2. Legal damage


3. Any damage


4. Existence of legal right


Right to claim damages in Tort would arise only if:


(A) 1 and 2 are present.


(B) 1, 2 and 4 are present.


(C) 1, 3 and 4 are present.


(D) 3 and 4 are present.


Answer: (B)





69. Which statements are correct?


Directors are


(i) Trustees of Company


(ii) Managers of Company


(iii) Agents of Company


(iv) Owners of Company


Codes:


(A) (i) and (ii) are correct.


(B) (ii) and (iii) are correct.


(C) (iii) and (iv) are correct.


(D) (i) and (iii) are correct.


Answer: (D)





70. Which one of the following is correct statement?


(A) Every agency is partnership.


(B) Every partnership is agency.


(C) Every partnership is limited company.


(D) Every private limited company is partnership.


Answer: (B)





71. Read the following passage and match the column.


No suit to enforce a right arising from a contract shall be initiated in any court by any person suing as a partner in a non-registered firm. Registration of firms is not compulsory. There is no penalty for non-registration. An unregistered firm cannot sue any third person for the enforcement of any right arising from contract.


Column P                                            Column Q


a. Registration                                     1. No penalty


b. Non-registration                              2. Optional


c. Partner of a registered firm             3. Unenforceability of his rights


d. Partner of a nonregistered firm       4. Can sue


Codes:


       a b c d


(A) 1 2 3 4


(B) 2 1 4 3


(C) 2 1 3 4


(D) 1 3 2 4


Answer: (B)





72. Assertion (A): Doctrine of Indoor Management protects an outsider dealing with a company from irregularities inside a company.


Reason (R): Doctrine of ultra vires protects an outsider dealing with a company for corporate capacity not mentioned in the objects clause.


Choose correct answer from below:


Codes:


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


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


(C) (A) and (R) are true, but (R) is not an explanation of (A).


(D) (A) and (R) are true, and (R) is an explanation of (A).


Answer: (C)





73. Match items in Column – P with items in Column – Q, according to provisions of the Negotiable Instrument Act.


Column – P                                         Column – Q


a. Definition of promissory note         1. Section 30


b. Drawer of cheque                           2. Section 45-A


c. Holder’s right to duplicate              3. Section 135


d. Dishonour                                       4. Section 4


Codes:


       a b c d


(A) 2 4 1 3


(B) 4 2 3 1


(C) 4 1 3 2


(D) 4 1 2 3


Answer: (D)





74. Which statements are correct?


(i) Partners have right to profit.


(ii) Partners have right to attend general meeting.


(iii) Partners have right to interest.


(iv) Partners have right to appoint proxy.


Codes:


(A) (i) and (ii) are correct.


(B) (ii) and (iii) are correct.


(C) (iii) and (iv) are correct.


(D) (i) and (iii) are correct.


Answer: (D)





75. Match an item in List – P with an item in List – Q.


List – P                                                                        List – Q


a. Prohibition of assignment of office by Director.    1. Section 267


b. Appointment of alternate Director.                        2. Section 312


c. Disqualifications to be a Director.                          3. Section 5


d. Officer who is in default.                                       4. Section 313


Codes:


       a b c d


(A) 4 2 1 3


(B) 2 4 1 3


(C) 2 4 3 1


(D) 2 3 1 4


Answer: (B)








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