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



1. “The new Constitution establishes, indeed a system of Government which is at the most quasi-federal, almost evolutionary in character, a unitary state with subsidiary federal features rather than the federal state with unitary features” said by


(A) Dr. K.C. Wheare


(B) Dr. Rajendra Prasad


(C) Dr. B.R. Ambedkar


(D) Pandit Jawaharlal Nehru


Answer: (A)





2. In which of the following case it was held that ‘Right to Life does not include Right to Die’?


(A) Gian Kaur vs. State of Punjab


(B) Chenna Jagdeshwar vs. State of A.P.


(C) State of U.P. vs. Sanjay Kumar Bhatia


(D) Deena vs. Union Bank of India


Answer: (A)





3. Assertion (A): An accused person cannot be compelled to give his signature or thumb impression.


Reason (R): An accused person cannot be compelled to be a witness against himself.


Codes:


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


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


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


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


Answer: (C)





4. After a Money Bill has been passed by the House of the People, within how many days it is transmitted to the Council of States for its recommendations?


(A) Thirty days


(B) Twenty four days


(C) Sixty days


(D) Fourteen days


Answer: (D)





5. Assertion (A): Directive Principles are not enforceable by any Court.


Reason (R): Directive Principles are more or less fundamental in the governance of the country.


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)





6. The Supreme Court does not have original jurisdiction regarding a dispute between


(A) A citizen and a State


(B) The Government of India and one State


(C) Two States


(D) The Government of India and one State on one side and one State on the other side


Answer: (A)





7. In the Constitution of India, provision relating to the formation of new States can be amended by


(A) A Parliamentary resolution which should be ratified by majority of State Legislatures.


(B) A simple majority in each House of Parliament.


(C) 3/4th majority in the Parliament


(D) 2/3rd majorities in the each House of Parliament provided they also constitute the majority of total members of each House.


Answer: (B)





8. Holding of periodic, free and fair elections by the Election Commission is part of the basic structure of the Constitution as per the following:


(A) Election Commission of India vs. AIADMK


(B) S.S. Dhanoa vs. Union of India


(C) In Gujarat Assembly Election matter


(D) Sadiq Ali vs. Election Commission of India


Answer: (C)





9. Writ of Mandamus cannot be issued, where a fundamental right is infringed by


(A) A Statute


(B) A Statutory Order


(C) An Executive Order


(D) Private Body


Answer: (D)





10. Assertion (A): The principles of natural justice ensure fair hearing.


Reason (R): It requires unbiased judge to decide after hearing all parties.


Codes:


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


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


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


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


Answer: (A)





11. Prerogative writs to review an administrative action are:


(A) Two: Writ of Habeas Corpus and Writ of Mandamus.


(B) Three: Writ of Habeas Corpus and Writ of Mandamus and Writ of Prohibition.


(C) Four: Writ of Habeas Corpus and Writ of Mandamus and Writ of Prohibition and Writ of Certiorari and Writ of Quo Warranto.


(D) Five: Writ of Habeas Corpus, Writ of Mandamus, Writ of Quo warranto, Writ of Certiorari and Writ of Prohibition.


Answer: (D)





12. A mandatory procedural requirement for an administrative tribunal must be


(A) Legal representation


(B) Cross examination


(C) Reasoned decision


(D) All of the above


Answer: (D)





13. Judicial review of an administrative action means


(A) Review by the Parliament


(B) Review by the Government


(C) Review by the Legislative Assembly


(D) Review by the Judiciary


Answer: (D)





14. Match an item in List – I with correct answer in List – II.


List – I                                                           


Institution of Lokpal and Lokayukta numerous wide discretionary powers


List – II


(A) Law should be able to control the


(B) Ensure fair hearing


(C) Evaporate maladministration and corruption to bring good governance


(D) Check and control abuse of power and executive excesses


Answer: (C)





15. Find correct answer:


(A) Administrative law is a branch of public law and is only a part of Constitutional law. It cannot control the Constitutional law.


(B) Administrative law is a branch of private law.


(C) Administrative law is independent to Constitutional law.


(D) Administrative law is neither the branch of public law nor of private law, but a part of Constitutional law.


Answer: (A)





16. Bentham’s definition of law is imperative in nature because


(A) Law is an assembling of signs.


(B) Law is declaration of volition conceived or adopted by sovereign in a State.


(C) Because it is adopted by non-sovereign State.


(D) (A) & (B) both


Answer: (D)





17. The term ‘Legal theory’ has been first time used by


(A) Llewlyne


(B) Ihring


(C) Salmond


(D) W. Friedman


Answer: (D)





18. Bracket theory of corporate personality is also known as


(A) Concession theory


(B) Symbolist theory


(C) Fiction theory


(D) Will theory


Answer: (B)





19. ‘A’ says to ‘B’ that he will give a sum of rupees five thousand if ‘B’ marries his daughter, this is


(A) Vested Right


(B) Contingent Right


(C) Primary Right


(D) Secondary Right


Answer: (B)





20. Assertion (A): Kelsen follows Kant in distinguishing between ‘is’ and ‘ought’.


Reason (R): Kelsen is a forerunner of philosophical school.


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.


Answer: (A)





21. The possession is the


(A) Five point in ownership


(B) Seven point in ownership


(C) Nine point in ownership


(D) Ten point in ownership


Answer: (C)





22. Which of the following duties have been included by Austin in the category of ‘absolute duties’?


I. Duties owed to persons indefinitely


II. Self-regarding duties


III. Duties owed to the sovereign


IV. Duties owed to the parents


Select the correct answer using the codes


Codes:


(A) I, III and IV


(B) II, III and IV


(C) I, II and IV


(D) I, II and III


Answer: (D)





23. Which one of the following gets along correctly?


(A) Trust and co-ownership


(B) Legal and contingent ownership


(C) Sole and limited ownership


(D) Legal and equitable ownership


Answer: (D)





24. A person who causes bodily injury to another who is labouring under a disorder, disease or bodily infirmity and thereby accelerates the death of the person. Under which it shall be deemed to have caused his death?


(A) Explanation I to Section 299


(B) Explanation I to Section 300


(C) Explanation II to Section 299


(D) Explanation II to Section 300


Answer: (A)





25. In which provision of Indian Penal Code the definition of ‘valuable security’ is explained?


(A) Section 29


(B) Section 30


(C) Section 31


(D) Section 13


Answer: (B)





26. State the age limit prescribed under Section 82 of Indian Penal Code in which if a child commits an overt act is not considered as an offence?


(A) Under the age of 12 years.


(B) Under the age of 7 years.


(C) Under the age of 16 years.


(D) Under the age of 18 years.


Answer: (B)





27. When the injury is intentional and sufficient to cause death in the ordinary course of nature and death follows. The offence is of the category:


(A) Attempt to murder


(B) Culpable homicide not amounting to murder


(C) Murder


(D) Attempt to suicide


Answer: (C)





28. Principle: Theft + Violence or Threat to violence = Robbery.


Facts: M meets B and her child on a river bridge. M takes the child and threatens to fling it down to the river unless B delivers her purse. B in consequence delivers her purse.


What offence ‘M’ has committed?


(A) M is liable for theft.


(B) M is liable for coercion.


(C) M is liable for robbery.


(D) M is liable for extortion.


Answer: (C)





29. Fill in the gap:


A disability for _________ days constitutes grievous hurt.


(A) A week


(B) A fortnight


(C) A month


(D) A minimum of twenty days


Answer: (D)





30. Fill in the gap with appropriate word:


Wrongful restraint means keeping a person from out of his _________ of his residence.


(A) House


(B) Place


(C) Hotel


(D) Guest House


Answer: (B)





31. Fill in the gap which is more appropriate.


Inducing a girl under 18 years of age to go away with him from _________ is an offence of


(A) Normal home


(B) Place of work


(C) Domestic area


(D) Any place


Answer: (D)





32. Find the correct answer:


The principle of intergenerational equity envisages:


(A) Conservation of options


(B) Conservation of quality


(C) Conservation of access


(D) All the above


Answer: (D)





33. Find the correct answer:


The Supreme Court allowed compensation of Rs. 23.84 lakhs and later allowed additional compensation of Rs. 47 lakhs to the farmers whose crops got damaged, being irrigated by subsoil water drawn from a stream which was polluted from untreated effluents of 22 industries. It was decided in the case of


(A) Vellore Citizens Welfare Forum vs. Union of India


(B) Indian Council for Environment Action vs. Union of India


(C) S. Jagannath vs. Union of India


(D) Narmada Bachao Andolan vs. Union of India


Answer: (B)





34. The concept of sustainable development contains which of the following essentials?


(A) The precautionary principle


(B) The polluter pays principle


(C) The doctrine of public trust


(D) All above


Answer: (D)





35. Assertion (A): The Supreme Court in Banwasi Seva Ashram vs. State of Uttar Pradesh, permitted the government agency to acquire the forest land, ousting certain tribal dwellers to implement a power project only after they agreed to provide certain facilities approved by the Court.


Reason (R): Because the governmental action had an environmental impact that threatened to dislocate poor forest dwellers and disrupt their life-style infringing their fundamental right to life, which include the right to livelihood.


Codes:


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


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


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


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


Answer: (D)





36. The Supreme Court observed that noise pollution cannot be tolerated, even if such noise was a direct result of and was connected with religious activities in the case of


(A) A.P. Pollution Control Board vs. Prof M.V. Naidu


(B) Church of God (Full Gospel) in India vs. KKR Majestic Colony Welfare Association.


(C) K.M. Chinappa vs. Union of India


(D) Narmada Bachao Andolan vs. Union of India


Answer: (B)





37. Assertion (A): Nobody can claim a fundamental right to create noise pollution by amplifying the sound of his speech with the help of loudspeaker.


Reason (R): While one has a right to speech, others have a right to listen or decline to listen. Anyone who wishes to live in peace, comfort and quiet within his house has a fundamental right to prevent the noise as pollutant ion reaching him.


Codes:


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


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


(C) Both (A) and (R) are true, but (R) is not a correct explanation.


(D) Both (A) and (R) are true and (R) is good explanation of (A)


Answer: (D)





38. In which of the following cases it was held that there is no reason to compel non-smokers to be helpless victims of air pollution?


(A) Samantha vs. State of A.P.


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


(C) Murli Deora vs. Union of India


(D) Sheela Barse vs. Union of India


Answer: (C)





39. Protection and improvement of environment and safeguarding forests and wildlife is


(A) A fundamental right


(B) One of the Directive Principles of State Policy.


(C) One of the Fundamental Duties


(D) Both one of the Directive Principles of State Policy and one of the Fundamental Duties


Answer: (D)





40. Who stated that international law is not true law but ‘positive international morality’ only, analogous to the rules binding a club or society?


(A) Oscar Schachter


(B) John Austin


(C) Louis Flenkin


(D) Hans Kelson


Answer: (B)





41. Opino juris sive necessitatis means


(A) Opinions of jurists is necessary evidence for determining rules of international custom


(B) Opinions of jurists is not necessary for ascertaining the rules of international law


(C) The feeling on the part of States that in acting as they do they are fulfilling a legal obligation


(D) None of the above


Answer: (C)





42. Which of the following cases supports constitutive theory of recognition, namely, the act of recognition alone confers international personality on an entity purporting to be a state or clothes new government with an authority to enter into international relations?


(A) The Arantzazu Mendi, (1939) A.C. P 256


(B) A.M. Luther vs. James Sagor & Co, (1921) 3 K.B. P.532


(C) Tinoco Concessions, (1923) 1 United Nations Reports of International Arbitral Awards P 369


(D) None of the above


Answer: (D)





43. Which of the following statements is true?


(A) Nationality is the evidence of the link or relations of an individual with the State whereas domicile denotes de facto residence of an individual in a State with an intention to permanently settle there.


(B) Nationality is an evidence of residence of an individual with an intention to permanently settle there.


(C) Domicile denotes the link or relations of an individual with the State.


(D) None of the above


Answer: (A)





44. The Charter of the United Nations came into force on


(A) 26 June 1945


(B) 10 December 1945


(C) 24 October 1945


(D) 1 November 1945


Answer: (C)





45. A member of the United Nations which has persistently violated the principles contained in the Charter may be expelled from the United Nations by the


(A) Security Council


(B) General Assembly


(C) General Assembly upon the recommendation of the Security Council


(D) Security Council upon the recommendation of the General Assembly


Answer: (C)





46. The Judges of the International Court of Justice are elected by the


(A) General Assembly


(B) Security Council


(C) General Assembly upon recommendation of the Security Council


(D) General Assembly and the Security Council independently of one another


Answer: (D)





47. Under Section 6 of the Hindu Minority and Guardianship Act, 1956 the natural guardian of a minor child is


(A) Mother


(B) Father


(C) Both Mother and Father


(D) Either Mother or Father


Answer: (B)





48. A Muslim wife can relinquish her Mahr


(A) When she is minor


(B) When she has attained the age of puberty


(C) When she is not less than 18 years of age


(D) When she is not less than 21 years of age.


Answer: (C)





49. In Islamic Law “Faskh” means


(A) Restitution of conjugal rights


(B) Judicial separation


(C) Dissolution or rescission of the contract of marriage by judicial decree at the instance of the husband.


(D) Dissolution on rescission of the contract of marriage by judicial decree at the instance of the wife.


Answer: (C)





50. Muta marriage is recognised by


(A) Hanafi School


(B) Maliki School


(C) Ithna Ashari School


(D) Hanbali School


Answer: (C)





51. The term ‘Hindu’ denotes the person


(i) Professing Hindu Religion


(ii) Professing Buddh, Jain or Sikh Religion


(iii) Who are not professing Muslim, Christian, Parsi or Jew Religion?


In respect of the aforesaid propositions which is correct?


(A) (i) and (ii) are correct but (iii) is incorrect.


(B) (ii) and (iii) are correct and (i) is incorrect.


(C) (i) and (iii) are correct and (ii) is incorrect.


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


Answer: (D)





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


List-I                                                   List-II


(a) Void Marriages                              (i) Section 9


(b) Voidable marriages                        (ii) Section 11


(c) Divorce                                          (iii) Section 13


(d) Restitution of Conjugal Rights     (iv) Section 12


Codes:


        (a) (b) (c) (d)


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


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


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


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


Answer: (A)





53. In which of the following case the Court held that Section 9 of the Hindu Marriage Act was constitutionally violative of right to Human dignity and privacy?


(A) Bipin Chandra vs. Prabhavati


(B) T. Sareetha vs. T. Venkatasubah


(C) Lachman vs. Meena


(D) None of the above


Answer: (B)





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


List-I                                                                                                                                       List-II


(a) Pre-Marriage Pregnancy                                                                                                    (i) Divorce


(b) Marriage within Prohibited Degree Relationship                                                              (ii) Voidable Marriage


(c) Cruelty                                                                                                                               (iii) Void Marriage


(d) When any spouse without reasonable excuse withdraws from the society of the other   (iv) Restitution of Conjugal Rights


Codes:


        (a) (b) (c) (d)


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


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


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


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


Answer: (B)





55. International Women’s Day is celebrated every year on


(A) 2nd March


(B) 4th March


(C) 6th March


(D) 8th March


Answer: (D)





56. Which one of the following is correct according to Art I of the Universal Declaration of Human Rights, 1948?


(A) All human beings are born free and equal in rights.


(B) All human beings are born free, equal and dignity


(C) All human beings are equal in dignity and rights.


(D) All human beings are born free and equal in rights and dignity.


Answer: (C)





57. Regional Human Rights Court does not exist in


(A) Africa


(B) Europe


(C) America


(D) Asia


Answer: (D)





58. Which protocol to the European Convention on Human Rights has abolished European Commission of Human Rights?


(A) Protocol 1


(B) Protocol 2


(C) Protocol 3


(D) Protocol 11


Answer: (D)





59. Which one of the following convention has neither interstate communication procedure nor individual communication procedure?


(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) Convention on the Rights of persons with Disabilities.


Answer: (C)





60. The term of the office of the Chairperson and Members of the NHRC under Protection of Human Rights Act, 1993 is


(A) 5 years from the date on which he enters the office or until he attains the age of 70 years whichever is earlier.


(B) 4 years from the date on which he enters the office or until he attains the age of 70 years whichever is earlier.


(C) 3 years from the date on which he enters the office or until he attains the age of 68 years whichever is earlier.


(D) 5 years from the date on which he enters the office or until he attains the age of 68 years whichever is earlier.


Answer: (A)





61. The Chairperson of National Commission on Minorities shall be deemed member of


(A) Human Rights Council


(B) Law Commission of India


(C) National Human Rights Commission


(D) International Law Commission


Answer: (C)





62. Which one of the following is an ‘actionable’ wrong?


(A) Injuria sine damnum


(B) Damnum sine injuria


(C) Both of the above


(D) None of the above


Answer: (A)





63. Which of the following is the gist of tortious liability?


(A) Legal damages


(B) Violation of legal right


(C) Availability of legal duty


(D) None of the above


Answer: (B)





64. The Rule of Absolute Liability is subject to


(A) All the exceptions mentioned in the rule of Rylands vs. Fletcher


(B) Half of the exceptions mentioned in the rule of Rylands vs. Fletcher


(C) None of the exceptions mentioned in the rule of Rylands vs. Fletcher


(D) All the exceptions mentioned in rule of M.C. Mehta vs. Union of India


Answer: (C)





65. Assertion (A): If a person speaks ill of the business which X is doing, it amounts to defamation.


Reason (R): Slander is actionable per se.


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).


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


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


Answer: (C)





66. In res Ipsa Loquitor:


(1) Presumption of negligence is there.


(2) Plaintiff has to bring direct evidence.


(3) Plaintiff is discharged from the duty of proving negligence on the part of the defendant.


(4) Court does not give chance to defendant to avoid his liability.


Codes:


(A) (1) and (2) are correct.


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


(C) (1), (2) and (3) are correct.


(D) (1) and (3) are correct.


Answer: (D)





67. Which one of the following statements is true?


(A) Both public as well as private nuisance are punishable under criminal law.


(B) Only private nuisance is punishable under criminal law, while there is no punishment for general nuisance.


(C) Public nuisance is punishable under criminal law while private nuisance is a moral wrong only.


(D) Public nuisance is punishable under criminal law, while private nuisance under civil law.


Answer: (C)





68. For constituting tort of nuisance, there should be


(A) Unreasonable interference


(B) Interference should be with the use of enjoyment of land.


(C) Damage


(D) All of the above


Answer: (D)





69. Partnership is based on


(A) Mutual trust


(B) Mutual benefit


(C) Mutual interest


(D) Mutual agency


Answer: (D)





70. Which statements are correct?


(i) An undisclosed principal can intervene against express terms.


(ii) An undisclosed principal cannot intervene against express terms.


(iii) An undisclosed principal cannot intervene when he knows that the other party would not have dealt with him.


(iv) An undisclosed principal can intervene when he knows that the other party would not have dealt with him.


Codes:


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


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


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


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


Answer: (B)





71. Read the following passage, and match the column:


A negotiable instrument contains a contract and therefore must be supported by consideration. In order to be a holder in due course, the holder must have obtained the instrument before its maturity. An instrument payable on demand is current at least as long as no demand for payment is made. To make a holder in due course, the instrument must be complete and regular. A postdated cheque may not be complete and regular.


Column – P                             Column – Q


(a) Negotiable instrument       (i) Before maturity


(b) Holder in due course         (ii) Demand for payment


(c) Currency of instrument      (iii) Postdated cheque


(d) Complete and regular        (iv) Consideration


Codes:


       (a) (b) (c) (d)


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


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


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


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


Answer: (C)





72. Assertion (A): Every public company shall have at least three and every private company at least two Directors.


Reason (R): Directors are trustees for the company and not for individual shareholders.


Codes:


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


(B) (A) and (R) are true and (R) is an explanation for (A).


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


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


Answer: (A)





73. Arrange the following concepts in a sequence in which they appeared. Use the code given below:


(i) Right of an unpaid seller to stop goods in transit.


(ii) Agreement to sell goods.


(iii) Damages for breach of contract of sale of goods.


(iv) Conditions and warranties.


Codes:


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


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


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


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


Answer: (B)





74. Which statements are correct?


(i) Partner has a duty of good faith.


(ii) Partner has duty not to compete.


(iii) Partner has duty of due diligence.


(iv) Partner has duty to indemnify for fraud.


Codes:


(A) Only (i) is correct.


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


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


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


Answer: (D)





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


List – P                                                                                    List – Q


(a) Removal of Directors by Company Law Board                (i) Section 318


(b) Duty of Directors to disclose interest                               (ii) Sections 299 – 300


(c) Compensation for loss of office of Director                     (iii) Section 402


(d) Director with unlimited liability                                        (iv) Sections 322 – 323


Codes:


       (a) (b) (c) (d)


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


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


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


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


Answer: (A)


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