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DU LLM QUESTION PAPER 2014 | Click Here to Download PDF

DU LLM QUESTION PAPER, 2014

Duration of examination: 2 hours
Maximum marks: 700
Negative marking: 1

1.Which one of the following make an agreement void?

1. Mistake of one of the parties
2. Mistake of law
3. Mistake of a foreign law
4. Mistake of fact by both the parties.

Answer: (d)

2. Which of the following pairs is incorrect?

1. rebus sic stantibus – Non-parties may accede to a treaty
2. pacta sunt servanda – Every treaty in force is binding upon the parties to it and must be performed by them in good faith
3. opinio juris sive necessitatis – The states should follow a particular practice not as a matter of convenience but as an obligation
4. Pacta tertiis nec nocent nec prosunt – Treaties neither impose obligations nor confer rights on third parties.

Answer: (a)

3. In which of the following cases, General principles of law recognized by civilized nations was applied?

1. Lotus Case, 1927
2. Asylum Case
3. Island of Palmas Case, 1928
4. Anglo-Norwegian Fisheries Case.

Answer: (c)

4. Recognition of Government is unnecessary is also known as:

1. Estrada doctrine
2. Rebus sic stantibus
3. Calvo Clause
4. De facto Recognition.

Answer: (a)

5. In which of the following cases, the issue of right of innocent passage was decided by the ICJ?

1. North Sea continental Shelf Cases
2. Corfu Channel Case
3. Anglo Norwegian Fisheries Case
4. Lotus Case.

Answer: (b)

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6. Can a receiving state declare any member of the diplomatic staff of the sending state as persona non grata under Vienna Convention on Diplomatic Relations,1961?

1. Yes, no reasons are to be given for doing so
2. No, as the Vienna Convention on diplomatic Relations specifically prohibits it
3. Yes, but it has to give detailed reasons for doing so and justify its case
4. No, as there is no such provision in the Vienna Convention on Diplomatic.

Answer: (a)

7. Which of the following pairs is correct?

1. LaGrand Case, 2001 – Application of customary international law
2. Anglo Norwegian Fisheries Case – Delimitation of territorial sea
3. Nottebohm Case – Use of Force
4. Nicaragua v. United States – Delimitation of Continental Shelf.

Answer: (b)

8. Which of the following statements is correct about Hugo Grotius?

1. He wrote Mare Clausum
2. He was a positivist
3. He belonged to Britain
4. He secularized the concept of law of nature and considered it as an independent source of international law.

Answer: (d)

9. Who gave the concept of “common heritage of mankind” for seabed and the ocean floor beyond national jurisdiction?

1. Kelsen
2. Selden
3. Arvid Pardo
4. C. Cheshire.

Answer: (c)

10. Who amongst the following was of the opinion that binding force of international law is based on a fundamental principle known as pacta sunt servanda?

1. Anzilotti
2. Brierly
3. Oppenheim
4. Bentham.

Answer: (a)

11. Nemo judex in causa sua was applied as a general principle of law recognized by civilized nations in:

1. LaGrand Case, 2001
2. Chorzow Factory Case, 1927
3. Island of Palmas Case, 1928
4. N. Administrative Tribunal Case, 1954.

Answer: (b)

12. Which of the following has not been dealt with by the four Geneva Conventions of 1958 on various zones of the Sea?

1. Territorial Sea
2. Contiguous Zone
3. Continental Shelf
4. Exclusive Economic Zone.

Answer: (d)

13. Who considered customary international law as a part of common law?

1. Hall
2. William Blackstone
3. Bentham
4. Triepel.

Answer: (b)

14. Which of the following statements is correct in the light of Article 38(1) of Statute of International Court of Justice?

1. Teachings of the most highly qualified publicists is a secondary source of international law
2. Judicial decisions of international bodies are primary source of international law
3. General Assembly Resolutions are secondary sources of international law
4. Equity is a secondary source of international law.

Answer: (a)

15. “What the following statement is known as: “”Disputes arising out of contract shall be referred to municipal courts of state which grants concession”””

1. Estrada doctrine
2. Monism theory
3. Calvo Clause
4. Jus cogens.

Answer: (c)

16. Which of the following has been dealt with specifically by the Agreement of 1994 Relating to the implementation of Part XI of the U.N. Convention on Law of the Sea?

1. Fishing at the High Seas
2. Seabed mining
3. Surplus of the allowable catch by landlocked and geographically disadvantaged states in the Exclusive Economic Zone of coastal states
4. Contiguous zone.

Answer: (b)

17. Which of the following treaties provides for the rights of individuals to petition the Human Rights Committee?

1. International Covenant on Civil and Political Rights
2. First Optional Protocol to the International Covenant on Civil and Political Rights
3. Universal Declaration of Human Rights
4. Second Optional Protocol to the International Covenant on Civil and Political Rights.

Answer: (b)

18. The dispute relating to the compulsory jurisdiction of ICJ on states is decided by:

1. Party against which the jurisdiction of ICJ is invoked
2. Party which invokes the jurisdiction of ICJ
3. International Court of Justice
4. General Assembly on the recommendation of Security Council.

Answer: (c)

19. The continental shelf of a State may at the maximum extend upto:

1. 100 nautical miles from the baseline
2. 500 nautical miles from the baseline
3. 350 nautical miles from the baseline
4. 24 nautical miles from the baseline.

Answer: (c)

20. According to U.N. Convention on Law of the Sea, the Coastal State shall give the landlocked States access to surplus of the allowable catch in:

1. Territorial Sea
2. Contiguous Zone
3. Exclusive Economic Zone
4. All the above.

Answer: (c)

21. If a party to dispute fails to perform its obligations under the decision of International Court of Justice, the other party may have recourse to:

1. Security Council
2. General Assembly
3. International Court of Justice again
4. None of the above, as the decisions of ICJ do not have binding force and are of moral value only.

Answer: (a)

22. Continental Margin of a coastal state means:

1. Shelf + Slope only
2. Shelf + Slope + Rise
3. Shelf + Slope + Rise + Abyssal Depth
4. None of the above.

Answer: (b)

23. “The rule requires that local remedies”” shall have been exhausted before an international action can be brought. These “”local remedies”” include not only reference to the courts and tribunals, but also the use of the procedural facilities which municipal law makes available to litigants before such courts and tribunals.”” In which of the following cases, the above observation was made?”

1. Ambatielos Arbitration (Greece v. U.K.), 12 RIAA 83 (1956)
2. Finnish Ships Arbitration, 3 RIAA 1479 (1934)
3. El Oro Mining and Railway Co. Case (Great Britain v. Mexico), 5 RIAA 191 (1931)
4. Interhandel Case (Preliminary Objections) ICJ Rep. 1959.

Answer: (a)

24. Who was not a supporter of constitutive theory of recognition?

1. Anzilotti
2. Kelsen
3. Lauterpacht
4. Kunj.

Answer: (d)

25. “According to Article 51A of the Constitution which among the following are Correct?

(1) It shall be the duty of every state to protect monuments of national importance.

(2) It shall be the duty of every citizen of India to uphold and protect the sovereignty, unity and integrity of India.

(3) The state shall take steps to protect and improve the environment and to safeguard the forest and wild life of the country.

(4) It shall be the duty of every citizen of India to develop the scientific temper, humanism and the spirit of inquiry and reform.

Choose your answer from the following options:”

1. (1) and (3) only
2. (2) and (4) only
3. (1) and (2) only
4. (3) and (4) only.

Answer: (b)

26. “Article 368(2) reads: “”An amendment of this Constitution may be initiated only by the introduction of a Bill for the purpose in …. (A) …., and when the Bill is passed in … (B) …, it shall be presented to the President who shall give his assent to the Bill and thereupon the Constitution shall stand amended in accordance with the terms of the Bill””. Fill in the blanks (A) and (B). Choose your answer from the following:”

1. (A) either house of Parliament, (B) each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting
2. (A) the upper House of Parliament, (B) that House with simple majority of the total membership of that House
3. (A) the lower house of Parliament, (B) the other House with a majority of the total membership of that House present and voting
4. (A) either House of Parliament, (B) by a special majority of the that House present and voting.

Answer: (a)

27. Which part of the Constitution was adopted last by the Constituent Assembly?

1. The preamble
2. Citizenship
3. Fundamental Rights
4. Directive Principles.

Answer: (d)

28. The president’s resignation has to be addressed to the … (A) …, who shall forthwith communicate the same to the … (B) …

1. (A) Chief Justice of India, (B) Vice President
2. (A) Vice President, (B) Minister of India
3. (A) Speaker of the Rajya Sabha, (B) Vice President
4. (A) Vice President, (B) Speaker of the House of People.

Answer: (c)

29. According to the Constitution of India, the seat of the Supreme Court:

1. Shall only be in Delhi
2. May also be in such other place or places, as the President may decide in consultation with the Chief Justice of India, from time to time
3. May also be in such other place or places, as the Chief Justice of India may, with the approval of the President, from time to time; appoint
4. May also be in such other places, as the Parliament may by law decide, from time to time.

Answer: (b)

30. Article 19 gets suspended automatically on the proclamation of emergency if the ground of proclamation is:

1. Communal riot
2. War or external aggression
3. Internal disturbance
4. Financial instability.

Answer: (b)

31. According to the Constitution of India, any law made by the Parliament during the proclamation of President’s Rule under Article 356:

1. Shall continue to be in force until altered or repealed or amended by a competent legislature
2. Shall continue in force for 2 months more after the proclamation has ceased to operate
3. Becomes inoperative after a period of 3 months after the proclamation has ceased to operate
4. Becomes inoperative after the proclamation has ceased to operate.

Answer: (a)

32. The Fundamental Right enshrined under Article 19(1)(f) was omitted by:

1. The 21st Amendment
2. The 25th Amendment
3. The 42nd Amendment
4. The 44th Amendment.

Answer: (d)

33. Article 14 is conferred on:

1. Natural persons only
2. Natural and juristic persons
3. Juristic persons only
4. States only.

Answer: (b)

34. In which case did the Supreme Court observe that “Equality of opportunity admits discrimination with reason and prohibits discrimination without reason”?

1. State of Kerala v. N.M. Thomas
2. Air India v. Nargesh Mirza
3. Ajay Hasia v. Khalid Mujib
4. Anwer Ali Sarkar v. State of West Bengal.

Answer: (a)

35. If any question as to the age of a Judge of a High Court, it shall be decided by:

1. The Chief Justice of India after consultation with the Chief Justice of the High Court concerned
2. The Chief Justice of the High Court concerned in consultation with the Governor of the State
3. The President of India after consultation with the Chief Justice of India
4. A Collegium of judges.

Answer: (c)

36. If the President of India is to be impeached for violation of the Constitution, the charge shall be preferred by:

1. Rajya Sabha only
2. Lok Sabha only
3. Either House of Parliament
4. Joint Parliamentary Session.

Answer: (c)

37. The speaker of the Lok Sabha can resign his office by addressing his resignation to:

1. The President
2. The Vice President
3. The Prime Minister
4. The Deputy Speaker.

Answer: (d)

38. Point out the incorrect match:

1. K. Krishnan v. State of Tamil Nadu – freedom of trade
2. C. Gajapati Narayan Deo v. State of Orissa – residuary powers
3. Zaverbhai v. State of Bombay – repugnancy
4. State of Bombay v. F.N. Balsara – Doctrine of Severability.

Answer: (b)

39. All civil and judicial authorities in the territory of India shall act in aid of the Supreme Court has been prescribed under:

1. Article 132
2. Article 135
3. Article 144
4. Article 261.

Answer: (c)

40. The judge of the Supreme Court is appointed:

1. by President after consulting Chief Justice of India and two judges of the Supreme Court
2. by President after consulting the collegium of four judges and the Chief Justice of India
3. by President after consulting the Union Council of Ministers
4. by President after consulting the collegium of judges, Council of Ministers and judges of the High Courts.

Answer: (b)

41. Point out the incorrect pair:

1. Article 83 – Qualification for membership of Parliament
2. Article 137 – Supreme Court’s power of review
3. Article 256 – Power of Union to issue directions
4. Article 317 – Removal and suspension of a member of a Public Service Commission.

Answer: (a)

42. Which of the following statement is correct?

1. The American doctrine of waiver of fundamental rights is part of the Indian Constitution
2. No person can waive his fundamental rights under the Indian Constitution as they are sacrosanct and no individual can tinker with them
3. A non-citizen can waive his fundamental rights
4. A citizen can waive his fundamental rights which are for his individual benefit.

Answer: (b)

43. ‘Catch-up rule’ evolved by the Supreme Court in Union of India v. Virpal Singh was eliminated by which amendment of the Constitution?

1. 81st Amendment
2. 82nd Amendment
3. 85th Amendment
4. 93rd Amendment.

Answer: (c)

44. Under which of the following two provisions, the President has to act not on the advice of the Union Council of Ministers but on the advice of some other constitutional authorities?

1. Articles 356 and 72
2. Articles 356 and 103(1)
3. Articles 103(1) and 217(3)
4. Articles 217(3) and 356.

Answer: (c)

45. Under the Constitution ‘Doctrine of Eclipse’ applies:

1. to the post-constitutional laws but only in respect of non-citizens
2. to all laws, pre-constitutional and post-constitutional
3. only to the re-constitutional laws but only in respect of non-citizens
4. to the post-constitutional laws in respect of citizens only.

Answer: (b)

46. Right to Life does not include “Right to Die”. It has been held in:

1. R Rathinam v. Union of India
2. K. Basu v. State of West Bengal
3. Gian Kaur v. State of Punjab
4. State of Maharashtra v. Maruti Sharipati Dubal.

Answer: (c)

47. Hans Kelsen enjoys the credit of formulating:

1. Pure theory of law
2. Imperative theory of law
3. Best result theory of law
4. All of the above.

Answer: (a)

48. Which statement below is the least likely to follow logically from Savigny’s notion of a Volksgeist?

1. A society’s law is a reflection of its culture
2. Law is like language
3. Law is influenced hugely by religion
4. Law is an integral element of the social fabric.

Answer: (c)

49. Maine’s famous aphorism that ‘the movement of progressive societies has hitherto been a movement from Status to Contract’ is often misunderstood. In what way?

1. His idea is considered inapplicable to Western legal systems
2. It is misinterpreted as a prediction
3. Because Status can never lead to Contract
4. Because Status and Contract are two unrelated concepts.

Answer: (b)

50. Which of the following correlatives contradict Hohfeld’s scheme of ‘jural relations’?

1. Right and duty
2. Privilege and no-right
3. Power and liability
4. Immunity and Misery.

Answer: (d)

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51. To which of the following jurisprudential approaches/schools of thought does the work of John Rawls could best be described to fall in?

1. Postmodernism
2. Liberal positivism
3. Legal positivism
4. Race theory.

Answer: (b)

52. What is natural law?

1. State law
2. Law that is derived from higher, aspirational principles and values
3. A philosophy that developed from religious ideas
4. peremptory norms.

Answer: (b)

53. The …………… School of jurisprudence postulates that the law is based on what is “correct”.

1. Natural Law
2. Sociological
3. Analytical
4. Historical.

Answer: (a)

54. According to one of the theories of punishment, ‘evil should be returned by evil’. This theory is known as the:

1. Deterrent theory
2. Retributive theory
3. Preventive theory
4. Reformative theory.

Answer: (b)

55. The most important instrument of legal reform is:

1. Legislation
2. Custom
3. Precedent
4. Writings of legal experts.

Answer: (a)

56. Animus possidendi means:

1. Forceful possession
2. Possession
3. Intent to exclude others from interference in possession
4. Intent to keep others in possession.

Answer: (c)

57. Who among the following jurists had defined ‘ownership’ as a right over a determinate thing indefinite in point of user, unrestricted in point of disposition and unlimited in point of duration?

1. Austin
2. Bentham
3. Holland
4. Salmond.

Answer: (a)

58. The fault of the Historical school of Jurisprudence lies in:

1. recognising the empirical basis of law
2. not recognising the empirical basis of law
3. holding that law is a product of social evolution
4. identifying custom with law itself.

Answer: (d)

59. Which one of the following statements is true:

1. The analytical method which Austin applied was undoubtedly of German origin
2. The method applied by Austin was the method already adopted by the Americans
3. Austin’s analytical method was the same as what was used by some Roman
4. The method of Austin was not borrowed from anywhere but was of English origin.

Answer: (d)

60. I have right to do as I please. The term ‘right’ in this statement refers to:

1. Claim
2. Power
3. Liberty
4. Immunity.

Answer: (c)

61. The rule of social engineering was propounded by:

1. Roscoe Pound
2. Stammler
3. Ihering
4. Dworkin.

Answer: (a)

62. The basic hypothesis given by Kelsen is:

1. Volksgeist
2. Grundnorm
3. Primary Obligation
4. Sovereignty.

Answer: (b)

63. Negligence is not a particular state of mind but is particular kind of conduct. This is known as:

1. Subjective theory of negligence
2. Objective theory of negligence
3. Retributive theory of negligence
4. Distributive theory of negligence.

Answer: (b)

64. If a norm is for long disregarded in practice and the courts no longer follow it in deciding cases; such a disuse of norms is called as:

1. Desuetude
2. Staticness
3. Nomodynamics
4. Repulsion.

Answer: (a)

65. The corpus of law was classified by Austin. Which is the odd one out?

1. Positive law
2. Divine law
3. Positive morality
4. Law by metaphysics.

Answer: (d)

66. What is Blackstonian Doctrine?

1. Customary international law is part of common law
2. Customary international law is part of Civil law
3. Customary international law becomes part of law of the land ultimately
4. Customary international law can never become a part of the law of the land.

Answer: (a)

67. Who propounded the theory ‘Justice as fairness’?

1. Rawls
2. Nozick
3. Stammler
4. Ihering.

Answer: (a)

68. The notion of “distributive justice” was conceived by:

1. Cicero
2. Aristotle
3. Montesquieu
4. Machiavelli.

Answer: (b)

69. The thesis titled “Taking Rights Seriously” was written by:

1. Justice Douglas
2. Ronald Dworkin
3. Radbruch
4. Bhikhu Parekh.

Answer: (b)

70. The codified Roman Law is known as:

1. Jus Gentium
2. Jus Civile
3. Corpus Juris
4. None of the above.

Answer: (c)

71. Duguit’s most important contribution to the field of jurisprudence is the concept of:

1. Grundnorm
2. Volksgeist
3. Living Law
4. Social Solidarity.

Answer: (d)

72. Law is reason free from all passion. This was said by:

1. Plato
2. Aristotle
3. Thomas Acquinas
4. Hobbes.

Answer: (b)

73. The political theory of separation of powers between legislature, executive and judiciary was given by:

1. Rousseau
2. Kant
3. Hegel
4. Montesquieu.

Answer: (d)

74. Which of the following acts invites tortious liability and is not saved by the doctrine “volenti non fit injuria”?

1. A surgeon amputates a limb of a patient to save his life
2. Injury is caused while play-fighting with the naked swords at a religious function
3. Injury is caused to a layer in a football match
4. Injury is caused while while doing lawful acts under contract.

Answer: (b)

75. Right of divorce to a wife under Section 13(2) of Hindu Marriage Act, 1955 is available to the wife:

1. If the offence of rape, sodomy or bestiality is prior to the marriage of the petitioner
2. If the offence of rape, sodomy or bestiality is subsequent to the marriage of the petitioner
3. If the offence of rape, sodomy or bestiality is either prior or subsequent to the marriage of the petitioner
4. Only (A) and not (B) or (C).

Answer: (b)

76. A major portion of the Constitution of India is derived from the:

1. Constitution of UK
2. Constitution of USA
3. Government of India Act, 1935
4. Indian Independence Act, 1947.

Answer: (c)

77. Which Schedule of the Constitution makes special provisions for the administration and Control of Scheduled Areas and Scheduled Tribes?

1. Fourth Schedule
2. Fifth Schedule
3. Sixth Schedule
4. Eleventh Schedule.

Answer: (b)

78. The power to determine the number of judges in a High Court lies with the:

1. President of India
2. Government of India
3. Governor of the State
4. Parliament of India.

Answer: (a)

79. Which one of the following is not a constitutional body?

1. Language Commission
2. Planning Commission
3. Election Commission
4. Finance Commission.

Answer: (b)

80. Libel is addressed to the eye, Slander to the ear. State which of the following statements amount to Libel:

1. Words uttered by the characters on the cinema screen
2. Abuses recorded in the gramophone disc
3. Word uttered by the characters on the dramatic stage
4. Both (A) and (B).

Answer: [Question Deleted]

81. “In which of the following situations is communication treated as published and defamatory?

(1) Dictating a letter to one’s typist containing defamatory content about another

(2) Sending defamatory letter to the plaintiff in a language supposed to be known to the plaintiff

(3) The husband writing a letter to his wife containing defamatory aspersions concerning her father

(4) When a libelous letter addressed to the plaintiff is, in the ordinary course of business, opened by his clerk

Select the correct answer using the code given below:”

1. (1),(2) and (4)
2. (1), (3) and (4)
3. (3) and (4)
4. (1) and (4).

Answer: (d)

82. X, a fruit dealer, gives his agent Y a van for the supply of fruits to the customers. Y goes for free ride with his friend Z, and commits an accident resulting in an injury to A. Which one of the following is correct?

1. X is liable
2. Y is liable
3. Z is liable
4. X, Y and Z are all liable.

Answer: (b)

83. The ILC Draft Code on Responsibility of States for Internationally Wrongful Acts of 2001 lays down ……………………… as a form of reparation for the injury caused by internationally wrongful act.

1. Satisfaction
2. Succession
3. Retaliation to the extent decided by the injured state
4. Servitude.

Answer: (a)

84. AVM Dias describes power, coupled with the duty to exercise that power as:

1. Discretionary Power
2. Administrative Power
3. Ministerial Power
4. Absolute Power.

Answer: (c)

85 Hans Kelsen talked about:

1. Validity and rigidity of norms
2. Validity and continuity of norms
3. Validity and effectiveness of norms
4. Validity and Solidity of norms.

Answer: (c)

86. In the Indian context a wrongful act in order to be a crime must be:

1. A legal wrong
2. A moral wrong
3. A legal as well as a moral wrong
4. A state wrong.

Answer: [Question Deleted]

87. How significant is ‘motive’ in determining the criminal liability of an accused?

1. Relevant
2. Irrelevant
3. Absolutely necessary
4. Depends upon the facts and circumstances of every case.

Answer: (d)

88. In criminal trials, whenever an accused pleads that his case is covered under any of the general exceptions laid down under part IV of the IPC, the burden of proof lies on:

1. The prosecution always
2. The accused, and he had to prove his innocence beyond reasonable doubt
3. The accused, and he has to prove his innocence on a preponderance of probabilities
4. State and it is to be discharged by the prosecutor.

Answer: (c)

89. Which of the following is not available as a defence in criminal acts?

1. Private defence
2. Infancy
3. Necessity
4. Mistake of Law.

Answer: (d)

90. A person who assists a criminal after the commission of the crime with a view to shield him from the arm of law is known as:

1. Principal of the first degree
2. Accessory after the fact
3. Principal of the second degree
4. Abettor post facto.

Answer: (b)

91. The term ‘Dishonestly’ as defined under Section 24 of the IPC implies:

1. An act done with the intention of causing wrongful gain to one person or wrongful loss to another
2. Act done with intent to defraud
3. An act done mala-fide
4. An act done with intent to cheat.

Answer: (a)

92. P’ instigates ‘Q’ to instigate ‘R’ to kill ‘S’. ‘Q’ instigates ‘R’ and ‘R’ kills ‘S’. What is ‘PS’ liable for?

1. Same punishment as ‘Q’
2. Lesser punishment than ‘Q’
3. No punishment as his connection with the crime is remote
4. Fine only.

Answer: [Question Deleted]

93. Which of the following offences is punishable at the stage of preparation itself?

1. Murder
2. Dowry death
3. Dacoity
4. All of the above.

Answer: (c)

94. Failure to record FIR in case of offences affecting the modesty and dignity of woman are punishable under:

1. Section 154 of the IPC
2. Section 154 of the CrPC
3. Section 166A of the IPC
4. Section 165A of the IPC.

Answer: (c)

95. Disclosure of the identity of rape victims has been expressly barred from disclosure under which Section of the Indian Penal Code, 1860?

1. 376E
2. 228A
3. 229A
4. 166B.

Answer: (b)

96. Section 164 of the CrPC provides the procedure for recording of:

1. Admissions
2. Confessions
3. Statements
4. Both (b) and (c).

Answer: (d)

97. Whoever destroys or moves any landmark fixed by the authority of a public servant shall be held guilty of:

1. Public nuisance under Section 268 IPC
2. Mischief under Section 434 IPC
3. Negligent conduct with regard to public property under Section 288 IPC
4. No offence as public property belongs to the public.

Answer: (b)

98. For an offence punishable with fine only, the period of limitation prescribed under Section 468 of the CrPC is:

1. Three months
2. Six months
3. One year
4. Three years.

Answer: (b)

99. Under Section 73 of the IPC, the maximum time for which a person may be kept in solitary confinement is:

1. One month
2. Three months
3. Six months
4. One year.

Answer: (b)

100. Use of violence by a member of assembly consisting of twenty persons in furtherance of their common object will constitute:

1. Unlawful assembly
2. Assault
3. Rioting
4. Affray.

Answer: (c)

101. A husband beat his wife due to which she left the home saying that she would jump into a well. She tried to jump into the village well but a passerby caught her before she could jump. She would be guilty of:

1. Attempt to culpable homicide
2. Attempt to commit suicide
3. Criminal intimidation
4. No offence.

Answer: (b)

102. ‘A’ and ‘B’ agreed to kill ‘C’ by giving him a soft drink laced with poison. But before they could do so they are apprehended. They would be guilty of:

1. No crime
2. Criminal attempt
3. Criminal conspiracy
4. Criminal preparations.

Answer: (c)

103. Raghu is fond of fast driving and often goes on long drives at fast speed in the early hours of morning when there is less traffic on the roads. One morning he sees a large group of school children assembled outside the school at 5 a.m. in the morning as they were to be taken on a school trip. He doesn’t slow down his car and drives through that group thereby killing a child and injuring several others. He is guilty of:

1. Murder
2. Culpable homicide not amounting to murder
3. Criminal negligence
4. No offence as he never intended to kill anyone.

Answer: (a)

104. In a criminal trial, during examination-in-chief or re-examination, leading questions:

1. Cannot be asked under any circumstances
2. Can be asked
3. Can be asked on certain matters, but only with the permission of the court
4. None of the above.

Answer: (c)

105. Under Section 98 of the IPC the right of private defence is also available against:

1. Person of unsound mind
2. An intoxicated person
3. A person who does not have maturity of understanding
4. All of the above.

Answer: (d)

106. Which of the following persons are not exempted from criminal prosecution under the provisions of the IPC, 1860?

1. Foreigners
2. President of India
3. Governors of any Indian State
4. None of the above.

Answer: (d)

107. ‘A’ and ‘B’ were sworn enemies in school. ‘A’ had pushed ‘B’ due to which he fell down and his two front teeth were knocked out. ‘B’ was looking for an opportunity to settle scores and once after school he challenged ‘A’ to a duel and gave him punch on his face with intent to knock out his teeth, but he missed the aim the blow landed on the right eye of ‘A’ due to which he lost his eyesight in the right eye. Here ‘B’ would be liable for:

1. Voluntarily causing hurt
2. Voluntarily causing grievous hurt
3. No offence as he never intended to inflict the injury in question
4. He would get benefit of free fight.

Answer: (b)

108. ‘Z’ causes death of ‘A’ with a very blunt object. According to postmortem report, multiple injuries were on the non vital parts of the body and none of these injuries were sufficient in the ordinary course of nature to cause death. However, cumulatively, they were sufficient to cause death. What offence has ‘Z’ committed?

1. Murder
2. Culpable Homicide not amounting to murder
3. Grievous hurt
4. No offence.

Answer: (a)

109. ‘A’ is at work with a hatchet; the head flies off and kills a man who is standing nearby. If ‘A’ has exercised proper caution, what is the offence that he has committed?

1. Culpable Homicide not amounting to murder
2. Causing death by rash and negligent act
3. Grievous hurt
4. No offence.

Answer: (d)

110. ‘Z’ got involved in an accident and died. ‘A’, who was part of rescue team, took the wallet out of his dead body and kept all money in his possession and eventually spent it. What offence, if any has he committed?

1. Theft
2. Robbery
3. Cheating
4. Dishonest misappropriation.

Answer: (d)

111. ‘A’ slipped into a pit filled with rain water. While slipping he caught hold of a nearby electricity pole to avert the fall. Due to leakage of electricity in the pole, he was electrocuted. Can the electricity Board be held responsible?

1. Yes, Electricity Board should take care that there is no pit near electricity poles
2. Yes, it is the duty of the Electricity Board to take care that there is no leakage of electricity in the pole
3. No, A was wrong in catching hold of the pole on a rainy day
4. No, Electricity Board has no knowledge of leakage of electricity in the pole.

Answer: (b)

112. Innuendo means:

1. An innocent looking statement which has a hidden defamatory meaning
2. Doing an act with an intention to cause harm to others
3. Doing an act without any intention to cause harm to other
4. Statement which is not defamatory.

Answer: (a)

113. A, though involved in a motor accident, remained physically unhurt but suffered Myalgic Encephalomyelitis, a psychiatric illness with which he had earlier suffered but which was then in remission. He claimed damages from the driver of the motor car. Will he succeed?

1. No, this illness was not foreseeable in a person of normal health
2. No, he has not suffered any physical injury
3. Yes, he has suffered injuries by shock
4. Yes, though this illness was not foreseeable but some physical harm was foreseeable.

Answer: (d)

114. The Supreme Court brought services provided by medical professionals within the ambit of Consumer Protection Act, 1986 in the case of:

1. Spring meadows hospital v. Harjol Ahluwalia
2. Indian Medical Association v. V.P. Shantha
3. Vishakha v. State of Rajasthan
4. Narasimha Rao v. G. Jayaprakash.

Answer: (b)

115. A, who was about to compete in a car rally, asked his friend B to drive A’s car from Delhi to Chandigarh so as to meet A there at the end of the rally. B was to bring in the car a suitcase for A and after the rally they both were to take the car and go to Shimla. B departed from Delhi but, before reaching Chandigarh, negligently collided with C’s car which was damaged. C claimed damages from A and B.

1. Only A can be held liable as he is the owner of the car
2. Only A can be held liable as he was driving the car
3. Neither A nor B can be held liable
4. Both A and B can be held liable as B was using the car for A’s purpose.

Answer: (d)

116. A woman was alighting from a tram car when a speeding reckless motorcyclist collided with a motor car little away in the centre of the road. In that collision the negligent motorcyclist was killed on the spot. The woman heard the bang and saw the blood on the road thought not the body of the injured man. She was in an advanced stage of pregnancy. Due to the nervous shock sustained by her, she gave birth to a still born baby. She sued the representatives of the motorcyclist to recover damages. Which one of the following propositions is correct as decided in a leading case?

1. She can recover damages as the deceased owed duty to care towards her
2. She cannot recover damages as the death of the motorcyclist extinguished all his liabilities
3. She cannot recover damages as the deceased owed no duty of care towards the woman even though he was negligent towards the motorist
4. None of the above.

Answer: (c)

117. A railway company was authorised by law to run railway trains on a track. The sparks from the engine set fire to the adjoining property belonging to the plaintiff. Which one of the following defences will be most appropriate for the defendant to raise in action for nuisance by the plaintiff?

1. Public good
2. Reasonable act in conduct of business
3. Remoteness of damage
4. Statutory authority.

Answer: (d)

118. “For a person to succeed in a suit for malicious prosecution, which combination form the five factor must be proved?

(1) Prosecution has ended in favour of defendant

(2) Prosecution has ended in favour of plaintiff

(3) Presence of malice

(4) Absence of malice

(5) Prosecution was without reasonable cause.

Select the correct answer using code given below:”

1. (1), (3) and (5)
2. (1), (4) and (5)
3. (2) and (4)
4. (2), (3) and (5).

Answer: (d)

119. “Defence of absolute privilege is available in which of the following cases?

(1) Publication of proceedings in Parliament

(2) Publication of proceedings in a Court

(3) Publication of a report of the proceeding in Parliament

(4) Publication of fair comment on judicial proceedings

(5) Publication of matters of public interest

Select the correct answer using code given below:”

1. (1), (2) and (3)
2. (2), (3) and (4)
3. (1), (3) and (5)
4. (3), (4) and (5).

Answer: (a)

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

1. direct consequences of his act
2. direct consequences of his act if he could foresee some damage to the plaintiff from his act
3. direct consequences of his act only if he could foresee the kind of damage which has actually occurred
4. foreseeable damage.

Answer: (b)

121. Which of the following statements is incorrect?

1. The general rule that employer is not liable for tort committed by the independent contractor is not applicable in cases of strict liability
2. Sabotage is a defence in case of strict liability
3. Rule of absolute liability does not require escape of dangerous thing from defendants
4. None of the above.

Answer: (d)

122. Which of the following is not correctly matched?

1. damnum sine injuria – Town Area Committee v. Prabhu Dayal
2. Act of God – Smith v. Charles Baker
3. defamation – Cassidy v. Daily Mirror Newspaper
4. Volenti non fit injuria – Haynes v. Harwood.

Answer: (b)

123. Which one of the following defences did the defendants in the case of Donoghue v. Stevenson not plead?

1. The manufacturer did not owe any duty of care towards the consumer of the ginger beer which was gifted to her by her friend
2. The plaintiff was a stranger to the contract and therefore, her action was not maintainable
3. The incident could not be prevented by the standard of foresight of the reasonable man
4. The “privity of contract policy” be applicable and there would be no liability of the manufacturer.

Answer: (c)

124. Which one of the following statements illustrates the principle of contributory negligence?

1. The plaintiff by his own want of care contributes to the damage caused by the negligence or wrongful conduct of the defendant
2. to be guilty of contributory negligence, the plaintiff should have acted like a prudent man
3. A person who comes to court must come with clean hands
4. The plaintiff’s negligence means breach of duty towards defendant.

Answer: (a)

125. “Select the essential elements for the defence of ‘fair comment’ in tort of defamation from the following and indicate the correct answer in the codes below the elements. The matter commented on must be:

(1) Of public interest

(2) An assertion of fact

(3) An expression of opinion

(4) Fair

Select the correct answer using the code given below:”

1. (1), (2) and (4)
2. (1), (3) and (4)
3. (3) and (4)
4. (1) and (3).

Answer: (b)

126. “Which of the following defences in an action for tort of nuisance are non-effective defences?

(1) Public good

(2) Statutory authority

(3) Nuisance due to acts of others

(4) Reasonable care

Select the correct answer using the code given below:”

1. (2) and (3)
2. (1), (2) and (4)
3. (1), (3) and (4)
4. (2) and (4).

Answer: (c)

127. The Supreme Court laid down in ………………………………………. that were the enterprise is engaged in hazardous or inherently dangerous activities and harm result to any one on account of accident, the enterprise is strictly liable to compensate all those who are affected by such accident?

1. Union Carbide Corporation v. Union of India
2. C. Mehta v. Union of India
3. Charan Lal Sahu v. Union of India
4. Poudyal v. Union of India.

Answer: (b)

128. In which of the following cases did the Supreme Court of India give a ruling that sovereignty immunity of the State is subject to fundamental rights?

1. State of Rajasthan v. Vidyawati
2. Shyam Sunder v. State of Rajasthan
3. Kasturi Lal Ralia Ram Jain v. State of U.P.
4. Peoples Union for Democratic v. State of Bihar.

Answer: (d)

129. Under the Consumer Protection Act, 1986, a complaint has to be filed in Consumer Forum within:

1. 3 months from the date on which the cause of action has arisen
2. 6 months from the date on which the cause of action has arisen
3. 1 year from the date on which the cause of action has arisen
4. 2 years from the date on which the cause of action has arisen.

Answer: (d)

130. An appeal against an order made by the National Consumer Disputes Redressal Commission lies to:

1. The High Court
2. The Supreme Court
3. The National Consumer Disputes Redressal Tribunal
4. No appeal can be filed.

Answer: (b)

131. Under the Consumer Protection Act 1986, “service” include service of any description which is made available to a potential user:

1. Under contract of personal service
2. Under a contract for personal service
3. Free of charge
4. All of the above.

Answer: (b)

132. Which of the following disputes cannot be raised before the Consumer Forum?

1. A dispute relating to service conditions or retrial benefits of a government servant
2. A dispute relating to service provided by the medical professional
3. A dispute relating to banking service
4. A dispute relating to insurance services.

Answer: (a)

133. If a person is a victim of an offence under IPC and such offence is also a tort, e.g., in the case of defamation, negligence, nuisance etc. such a person can seek remedy through:

1. Civil suit, for compensation under law of torts only
2. Criminal cases, for fixing the criminal liability on the accused under the IPC only
3. Both (a) and (b)
4. Neither (a) nor (b).

Answer: (c)

134. Degrees of prohibited relationship include relationship by:

1. full blood
2. half or uterine blood
3. adoption
4. all of the above.

Answer: (d)

135. “Propositions are:

(I) A void marriage remains valid until a degree annulling it has been passed by a competent court.

(II) A void marriage is never a valid marriage and there is no necessity of any decree annulling it.

(III) A voidable marriage is regarded as a valid subsisting marriage until a decree annulling it has been passed by a competent court.

In respect of the aforementioned proposition which combination is the most correct?”

1. (I) and (III) are correct and (II) is incorrect
2. (II) and (III) are correct and (I) is incorrect
3. (I), (II) and (III) all are correct
4. (I) and (III) are incorrect but (II) is correct.

Answer: (b)

136. A decree of nullity of marriage in case of voidable marriages, annuls the marriage:

1. from the date of the decree
2. from the date of the petition
3. from the date of marriage
4. from the date as directed by the court.

Answer: (c)

137. Section 18 of Hindu Marriage Act, 1955 prescribes punishment:

1. for child marriage
2. for marriage between sapindas
3. for marriage between persons falling within the decrees of prohibited relationship
4. All of the above.

Answer: (d)

138. A child born out of void marriage:

1. is entitled to an interest in which his father is a coparcener
2. is not entitled to an interest in which his father is coparcener
3. may or may not be entitled to an interest in which his father is a coparcener
4. protection of interest of such child is in discretion of the court.

Answer: [Question Deleted]

139. Withdrawal from the society of other within the meaning of Section 9 of the Hindu Marriage Act, 1955 means:

1. refusal to have sexual intercourse
2. total repudiation of cohabitation
3. both (a) and (b)
4. either (a) or (b).

Answer: (c)

140. During judicial separation the:

1. parties continue to be husband and wife but marital rights and obligations are suspended
2. parties continue to be husband and wife and the marital rights and obligations remain intact
3. parties continue to be husband and wife and other rights and obligations are suspended
4. parties cease to be husband and wife.

Answer: (a)

141. Which of the following is incorrect regarding “desertion” as a ground for divorce?

1. The factum and animus deserendi must co-exist
2. The desertion should be without any reasonable cause
3. The desertion should be without the consent of the other party
4. The statutory period of one year must have run out before a petition is presented.

Answer: (d)

142. The bar to entertain a petition for divorce operates for a period of:

1. Three years from the date of the marriage
2. Two years from the date of the marriage
3. One year from the date of the marriage
4. None of the above.

Answer: [Question Deleted]

143. In proceedings for dissolution of marriage by mutual consent under Section 13B of Hindu Marriage Act, 1955 the parties have to move the court once again:

1. after eighteen months
2. after six months but before eighteen months from the date of presenting the petition
3. after six months but before twelve months from the date of presenting the petition
4. after six months but before four months from the date of presenting the petition.

Answer: (b)

144. Order of permanent alimony under Section 25 Hindu Marriage Act, 1955 can be varied, modified or rescinded:

1. if the party in whose favour the order has been passed remarries
2. if the party in whose favour the order has been passed is wife, she has not remained chaste
3. if the party in whose favour the order has been passed is the husband, he has sexual intercourse with any other women
4. All of the above.

Answer: (d)

145. Section 28 of Hindu Marriage Act, 1955 provides for:

1. custody of minor children
2. maintenance of minor children
3. education of minor children
4. all of the above.

Answer: [Question Deleted]

146. State the new right of wife to file a petition before the District Court within local limits of whose civil jurisdiction?

1. she is residing on the date of presentation of the petition
2. she was residing previously
3. she is to reside permanently in the future course of the trial
4. her husband is residing on the date of the petition.

Answer: (a)

147. Every appeal from decrees or orders under Section 28 of Hindu Marriage Act, 1955 shall be preferred after 2003 within a period of ……………………….. from the date of decree of order.

1. 90 days
2. 60 days
3. 45 days
4. 30 days.

Answer: (a)

148. Conversion of a Muslim wife to a faith other than Islam:

1. shall not by itself operate to dissolve her Muslim marriage
2. shall by itself operate to dissolve her Muslim marriage
3. gives a ground to husband to file a petition for dissolution of marriage
4. gives a ground to the wife to file a petition for dissolution of marriage.

Answer: (a)

149. Which one of the following is NOT a ground for divorce provided by the Hindu Marriage Act, 1955?

1. Whereabouts of the respondent not known for a period of seven years
2. Imprisonment of the respondent for a period of four years
3. Respondent has renounced the world by entering into religious order
4. Respondent ceased to be Hindu by conversion to another religion.

Answer: (b)

150. A born Muslim girl brought up by a Hindu family married a Hindu boy as per shastric ceremonies. The marriage is:

1. valid
2. invalid
3. voidable at the option of girl
4. voidable at the option of the boy.

Answer: (b)

151. Ramesh and Rani file a joint petition praying for a decree of divorce by mutual consent under the Hindu Marriage Act, 1955. Six months later second motion was filed by Ramesh alone as Rani refused to join him.

1. Divorce will be granted to Ramesh as Rani cannot withdraw her consent once given
2. Divorce will not be granted to Ramesh
3. Divorce will be granted to Ramesh declaring him single but Rani can continue to pose as married
4. Divorce will not be granted to Rani.

Answer: (b)

152. A Muslim wife’s right to dower can be claimed as:

1. a preferential debt
2. an ordinary unsecured debt along with other creditors
3. an ordinary debt but having priority over secured debts
4. a secured debt.

Answer: (b)

153. As per the Hindu Marriage Act, 1955, Sagotra marriage is:

1. valid with the approval of panchayat only
2. perfectly valid
3. invalid
4. voidable at the option of the community panchayat.

Answer: (b)

154. Which of the following enactments provides for grounds of divorce made available to wife alone?

1. Dissolution of Muslim Marriage Act, 1939
2. Hindu Marriage Act, 1955
3. Special Marriage Act, 1954
4. None of the above.

Answer: (a)

155. In which one of the following cases the Delhi High Court held that pronouncement of talaq three times at a time by a Muslim husband results in single talaq only:

1. Danial Latif
2. Masroor Ahmed
3. Shamim Ara
4. Noor Saba Khatoon.

Answer: (b)

156. The Muslim women (Protection of Rights on Divorce) Act 1986 deals with:

1. maintenance rights of divorced Muslim women
2. maintenance rights of Muslim women who have been divorced by their husband by pronouncement of talaq
3. maintenance of rights of Muslim women who have sought divorce from their husbands
4. rights of Muslim women to seek divorce.

Answer: (a)

157. Which one of the following grounds is not available to Hindu and Muslim wives (both) to claim divorce?

1. husband renounced the world by entering any religious order
2. whereabouts of the husband not known
3. cruelty by husband
4. the wife did not attain puberty.

Answer: (a)

158. Ramesh intentionally pulls up a woman’s veil, without her consent intending or knowing it to be likely that he may thereby injury, frighten or annoy her. He has committed the offence of:

1. Criminal assault
2. Criminal force
3. A moral offence
4. None of the above.

Answer: (b)

159. In states where compulsory registration of marriage is required non-registration of marriage will:

1. affect the validity of marriage
2. not affect the validity of marriage
3. make the marriage void
4. entail declaration of marriage as invalid.

Answer: (b)

160. Every promise and every set of promises, forming the consideration for each other, is called:

1. a proposal
2. an offer
3. an agreement
4. a contract.

Answer: (c)

161. An acceptance containing additions, limitations or other modifications shall amount to:

1. rejection of the offer
2. a valid acceptance
3. a counter offer
4. both (a) and (c).

Answer: (d)

162. Inadequacy of consideration is relevant in determining the question of:

1. performance of contract
2. contingency of contract
3. free consent
4. it is irrelevant.

Answer: (c)

163. In a contract not specifying the time for performance, the promisor can perform the contract:

1. within any time howsoever long it may be
2. within the shortest time
3. within a reasonable time
4. none of the above.

Answer: (c)

164. Which one of the following statements is true?

1. Offer and acceptance are revocable
2. Offer and acceptance are irrevocable
3. An offer can be revoked but acceptance cannot
4. An offer cannot be revoked but acceptance can be.

Answer: (a)

165. Lending money to a borrower, at high rate of interest, when the money market is tight renders the agreement of loan:

1. void
2. valid
3. voidable
4. illegal.

Answer: (b)

166. The basic of action under the remedy of quantum meruit is:

1. restitution
2. rescission
3. novation
4. all of the above.

Answer: (a)

167. A contract does not stand discharged:

1. by performance
2. by breach of the contract
3. by novation
4. by a mere delay in performance.

Answer: (d)

168. The juridical basis of quasi-contractual obligation can be explained by the theory of:

1. indebitatus assumpsit
2. unjust enrichment
3. just and reasonable solution
4. voluntary benefits.

Answer: (b)

169. In cases of joint promise generally a promisee can compel:

1. all the joint promisors to perform
2. any one of them to perform
3. some of them to perform
4. All of the above.

Answer: (d)

170. Under Section 75, Indian Contract Act the Court cannot award damages:

1. equal to the amount stipulated in the contract
2. less than the amount stipulated in the contract
3. more than the amount stipulated in the contract
4. none of the above.

Answer: (c)

171. When there is a breach of contract, special damages are awarded:

1. in all cases
2. only when there are special circumstances
3. only when there is a special loss
4. only when there is a notice of the likely special loss.

Answer: (d)

172. Breach of contract may be:

1. actual only
2. anticipatory only
3. actual or anticipatory
4. none of above.

Answer: (c)

173. ‘A’ a tradesman, leaves goods at B’s house by mistake. ‘B’ treats the goods as his own. Which one of the following remedies is available to ‘A’?

1. ‘A’ is to forgo his claim over goods
2. ‘B’ is bound to pay to ‘A’ for goods
3. ‘B’ is entitled to hire charges for the house
4. ‘A’ is entitled to punitive damages.

Answer: (b)

174. Where A, a tenant, pays the property tax on behalf of owner B, who is bound to pay it, A is:

1. entitled to be reimbursed by B
2. not entitled to reimbursed by B
3. himself have to bear such tax
4. Both (A) and (B) have to bear such tax equally.

Answer: (a)

175. A pays Rs. 10,000 to B for manufacturing a machine. When it is partly manufactured, the contract is discharged by frustration. What is the remedy available to parties?

1. A can recover Rs. 10,000 from B
2. A need not pay any further amount to B
3. B can retain Rs. 10,000
4. B is entitled only to expenses incurred before the time of discharge.

Answer: (d)

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