Paper II
Note : This paper contains fifty (50) objective type questions of two (2) marks each. All
questions are compulsory.
1.
In Golaknath Vs State of Punjab Justice K. Subba Rao observed
(1) The Preamble contains in a nutshell ideals and aspirations of the Constitution.
(2) The Preamble is the key to open the minds of the Constitution makers.
(3) The Preamble is enforceable by the Judiciary.
(4) The Preamble of our Constitution is of great importance and it should be
implemented.
2.
The Five Judges Constitution Bench held that Imparting Education cannot be treated as a
Trade or Business in which of the following cases ?
(1) Unnikrishanan Case
(2) Mohini Jain Case
(3) Dinesh Kumar Case
(4) P.A. Inamdar Case
3.
As per the Constitution of India, which of the following statement(s) is/are correct ?
(a) The state may make provision for securing just and humane conditions of work.
(b) The state shall endeavour to provide early childhood care and education for all the
children until they complete the age of six years.
(c) The state shall not endeavour to secure for the citizens a uniform civil code in the
territory of India.
(d) The state shall endeavour to protect and improve the environment and to safeguard
the forests and wildlife of the country.
Select the correct answer from the codes given below :
Codes :
(1) (a), (b) and (c)
(2) (b), (c) and (d)
(3) (b) and (d)
(4) (c) and (d)
4.
Read Assertion (A) and Reason (R) and answer using the codes given below :
Assertion (A) : No minimum age is prescribed for appointment as a Judge of the
Supreme Court of India nor is there any fixed period of office.
Reason (R)
: The original jurisdiction of the Supreme Court is dealt within Article132 of the Constitution of India.
Codes :
(1) (A) and (R) are right and (R) is the correct explanation of (A).
(2) (A) and (R) are right, but (R) is not the right explanation of (A).
(3) (A) is right but (R) is wrong.
(4) Both (A) and (R) are wrong.
Paper-II
2
J-58-16
5.
In which one of the following cases the Supreme Court of India had invalidated a
Constitutional Amendment for non-compliance with the procedure contained in the
proviso to clause (2) of Article-368 ?
(1) Kihoto Hollohan V. Zachilhu and others
(2) Keshavanand Bharati V. State of Kerala
(3) Golaknath V. State of Punjab
(4) State of West Bengal V. Union of India
6.
If the President of India is satisfied that a grave emergency exists whereby the security of
India or any part of the territory thereof is threatened whether by war or external
aggression or armed rebellion he may by proclamation make a declaration to that effect.
Here the satisfaction of the President of India means :
(1) The personal satisfaction of the President of India.
(2) The personal satisfaction of the Prime Minister and all the Council of Ministers and
informing to the President of India.
(3) The decision of the Union Cabinet that such a proclamation may be issued, has been
communicated to him in writing.
(4) The decision of the Union Cabinet, that such a proclamation may be issued, has been
communicated to him in writing along with 2/3rd Parliament Members signature.
7.
Match the List-I with List-II and select the correct answer using the codes given below :
List-I
List-II
(a) Hari Krishna Bhargav Vs Union (i)
Conditional Legislation
of India
(b) Godfrey Philips India Ltd. Vs (ii)
Principles of Interpretation to avoid
State of U.P.
over lapping
(c) K.C. Gajapati Narayan Deo Vs. (iii) Power of Parliament to levy taxes on
State of Orissa
income other than Agricultural
Income
(d) In re : The Delhi Laws Act
(iv) Colourable Legislation
Codes :
(a)
(b)
(c)
(d)
(1) (iii)
(ii)
(iv)
(i)
(2) (ii)
(iii)
(i)
(iv)
(3) (iii)
(iv)
(ii)
(i)
(4) (ii)
(iii) (iv)
(i)
8.
The task of social engineering is to build as efficient structure of the society as possible
with minimum friction and waste.
This statement is of :
(1) Kelsen
(2) Roscoe Pound
(3) Savigny
(4) Karl Marx
Paper-II
J-58-16
9.
10.
Which one of the following groups indicate the four sanctions as enumerated by Bentham
for various kinds of pleasure and pain ?
(1) Physical, Moral, Ethical and Political
(2) Physical, Political, Moral and Religious
(3) Moral, Social, Legal and Political
(4) Legal, Ethical, Moral and Social
11.
The three defects in the simple social structure of primary rules as enunciated by Hart are :
(1) Their inadequacy, immobility and efficiency
(2) Their uncertainty, static and inefficiency
(3) Their mobility, easiness and simplicity
(4) Their abnormality, violability and unsoundness
12.
Match List-I with List-II and select the correct answer using the codes given below :
List-I
List-II
(Book)
(Author)
Gray
(a) The Concept of Law
(i)
(b) The Nature and Sources of the Law (ii) Julius Stone
(c) Some Reflections on Jurisprudence (iii) Buckland
(d) The Province and Function of Law
(iv) H.L.A. Hart
Codes :
(a)
(b)
(c)
(d)
(1) (iv)
(i)
(iii) (ii)
(2) (iv)
(ii)
(i)
(iii)
(3) (iv)
(i)
(ii) (iii)
(4) (i)
(iii) (iv)
(ii)
13.
Which one of the following is not a theory of the nature of Legal Persons ?
(1) Purpose Theory
(2) Fiction Theory
(3) Interest Theory
(4) Bracket Theory
14.
Paper-II
J-58-16
15.
16.
Read the following statements and give the correct answer by using the codes given
below:
Assertion (A) : According to the exponents of Monism Theory, law is a Unified
branch of knowledge, no matter whether it applies on persons or other
entities.
Reason (R)
: In view of the Monistic writers, in the ultimate analysis of the law we
find that man is at the root to all laws.
Codes :
(1) (A) and (R) both are correct and (R) is the correct explanation of (A).
(2) (A) and (R) both are correct, but (R) is not the correct explanation of (A).
(3) (A) is correct, (R) is wrong.
(4) (A) is wrong, (R) is correct.
17.
Paper-II
J-58-16
18.
The principle of self-determination has been incorporated in the Charter of United Nations
under :
(1) Article 2(7)
(2) Article 5
(3) Article 6
(4) Articles 1(2), 55 and 56
19.
The Commission on Human Rights was replaced by Human Rights Council by the
General Assembly vide its Resolution :
(1) 60/251 of 15 March, 2006
(2) 61/260 of 15 March, 2008
(3) 60/251 of 20 March, 2006
(4) 60/251 of 30 March, 2006
20.
Sapinda Relationship, which prohibits marriage among Hindus with near relatives on
paternal and maternal sides, is based on the principle of
(1) Monogamy
(2) Endogamy
(3) Exogamy
(4) Polygamy
21.
Match List-I with List-II under the Hindu Marriage Act, 1955 and give the correct answer
with the help of codes given below :
List-I
List-II
Sec. 15
(a) Ceremonies for a Hindu marriage
(i)
(b) Restitution of Conjugal Rights
(ii) Sec. 7
(c) Remarriage of divorced persons
(iii) Sec. 16
(d) Legitimacy of Children
(iv) Sec. 9
Codes :
(a)
(b)
(c)
(d)
(1) (i)
(iii) (ii)
(iv)
(2) (ii)
(iv)
(i)
(iii)
(3) (iv)
(ii) (iii)
(i)
(4) (iii)
(iv)
(ii)
(i)
22.
Read the following statement and answer with the help of the codes given below :
The guilt theory of divorce, on the one hand, implies a guilty party and on the other, it
implies that the other party is innocent. In view of this which of the following is/are
correct ?
(a) If cruelty is provoked, divorce will be refused.
(b) If innocent party condones the acts of the guilty party, no divorce can be granted.
(c) If both parties were guilty, divorce would not be granted to either.
(d) Unreasonable delay in filing petition is no bar for the relief of divorce.
Codes :
(1) Only (a) and (c) are correct.
(2) Only (b) and (c) are correct.
(3) Only (a), (b) and (c) are correct.
(4) Only (c) and (d) are correct.
Paper-II
10
J-58-16
23.
Match List-I with List-II and select the correct answer using the codes given below :
List-I
List-II
(Veda)
(Deals with)
Praise of forces of nature
(a) Yajurveda
(i)
Magic, Spell and Incantation
(b) Samveda
(ii)
(c) Atharvaveda (iii) Rituals
(d) Rigveda
(iv) Dance
Codes :
(a)
(b)
(c)
(d)
(1) (i)
(ii)
(iv) (iii)
(2) (ii)
(iv)
(i)
(iii)
(3) (iv)
(ii) (iii)
(i)
(4) (iii)
(iv)
(ii)
(i)
24.
25.
Read Assertion (A) and Reason (R) and answer using the codes given below :
Assertion (A) : The Shariat Act, 1937 makes Muslim law applicable expressly to all
Muslims.
Reason (R)
: The Act has abrogated almost all the customs (except relating to
agricultural land) applicable to Muslims.
Codes :
(1) (A) is right but (R) is wrong.
(2) Both (A) and (R) are wrong.
(3) (R) is right but (A) is wrong.
(4) Both (A) and (R) are right and (R) is the correct reason of (A).
26.
J-58-16
27.
Read Assertion (A) and Reason (R) and answer using the codes given below :
Assertion (A) : A juvenile delinquent may have physical capacity to commit crime,
while he has no contractual capacity to do so.
Reason (R)
: According to Section-11 of the Indian Contract Act, a juvenile has no
contractual capacity to commit crime.
Codes :
(1) Both (A) and (R) are right and (R) is correct answer for (A).
(2) Both (A) and (R) wrong.
(3) (A) is wrong but (R) is right.
(4) Both (A) and (R) are right, but (R) is not correct answer for (A).
28.
29.
30.
Match List-I with List-II and select the correct answer using the codes given below :
List-I
List-II
(a) Remoteness of damage
(i) Chief Secretary, State of Gujarat Vs
Kothari and Associates
(b) Proof of loss to be given to claim (ii) Madras Railways Co. Vs Govind Rau
special damages
(c) Loss of profit is special loss
(iii) Karsandas H. Thacker Vs Saran Engg.
Co. Ltd.
(d) Consequences of delays in (iv) Union of India Vs Steel Stock Holders
transit
Codes :
(a)
(b)
(c)
(d)
(1) (i)
(ii)
(iv) (iii)
(2) (ii)
(i)
(iii) (iv)
(3) (ii)
(iii)
(i)
(iv)
(4) (iv)
(i)
(iii) (ii)
Paper-II
14
J-58-16
31.
Which of the following aspects are the parts of undue influence ? Answer using codes
given below :
(a) Inability to dominate will of other.
(b) A party unduly influencing and another party being unduly influenced are on equal
footing.
(c) A relationship involving trust and confidence.
(d) In a relationship, one party is a person in mental distress.
Codes :
(1) (a) and (b) only
(2) (b) and (c) only
(3) (c) and (d) only
(4) (a) and (d) only
32.
Which of the following statements are wrong ? Answer using the codes given blow :
(a) Fraud renders a contract void.
(b) Misrepresentation renders a contract voidable.
(c) Misrepresentation is more or less an intentional wrong, whereas fraud may be quite
innocent.
(d) Damages for loss caused by innocent misrepresentation are assessed on the same
principles as in the case of a deliberate fraud.
Codes :
(1) (a) and (c) only
(2) (b) and (d) only
(3) (a) and (d) only
(4) (a) and (b) only
33.
Which one of the following statements is correct in relation to the law of torts in India ?
(1) It is based on morality that no one has a right to injure or harm other intentionally or
even innocently.
(2) It is a civil wrong for which remedy is a common law action for liquidated damages.
(3) It is based on law which in the constitutional context means judicially developed
equity, covers everything which is covered by a statute.
(4) It is an act and not omission suffered by a determinate person.
34.
Match List-I with List-II and select the correct answer using the codes given below :
List-I
List-II
(Defences in Tort)
(Related cases)
(a) Volenti non fit injuria (i) Olga Tellis Vs Municipal Corporation, Bombay
(b) Judicial acts
(ii) Samira Kohli Vs Prabha Manchanda
(c) Acts of State
(iii) Anwar Hussain Vs Ajoy Kumar
(d) Necessity
(iv) Vinod Kumar Shantilal Gosalia Vs Gangadhar
Narsinghadas Agarwal
Codes :
(a)
(b)
(c)
(d)
(1) (ii)
(iii) (iv)
(i)
(2) (ii)
(i)
(iv) (iii)
(3) (iv) (iii)
(i)
(ii)
(4) (i)
(ii) (iii) (iv)
Paper-II
16
J-58-16
35.
The police officers failed to observe the provisions of U.P. Police Regulations in taking
care of the gold seized. The injury had been committed by the employees of the state
during the course of its employment, but the employment was in special category of
sovereign power, so the claim was not sustainable. It was held by the Supreme Court in
(1) Mohammad Murad Vs Govt. of U.P.
(2) Kasturilal Ralia Ram Jain Vs State of U.P.
(3) State of U.P. Vs Hindustan Lever Ltd.
(4) State of U.P. Vs Tulsiram
36.
In which of the following cases the Supreme Court of India applied the principle of
absolute liability ? Give answer by using codes below :
(a) M.C. Mehta Vs Union of India
(b) Charan Lal Sahu Vs Union of India
(c) Indian Council for Enviro Legal Action Vs Union of India
(d) M.C. Mehta Vs State of MP
Codes :
(1) (a), (b), (c) and (d)
(2) (b), (c) and (d) only
(3) (c) and (d) only
(4) (a), (b) and (c) only
37.
38.
39.
Paper-II
18
J-58-16
40.
In the absence of any cogent definition of unsoundness of mind, the world wide
acceptance of its equivalent to insanity was propounded by
(1) Stephan
(2) Harris
(3) Kenny
(4) Davis
41.
The underlying principle covering the law on consent is based on absolute and
unconditional prohibition on the gravity of the offence relating to :
(1) Simple hurt
(2) Death
(3) Theft from an unlocked house
(4) Submission for detaining indecent liberties
42.
The right of private defence is not allowed in which of the facts leading to :
(1) The death was consequence of the assault.
(2) More harm was done than necessary.
(3) When the fact is clearly based on conjectures.
(4) When the fact reveals about imminent danger to self or property.
43.
When a person tries to escape from lawful custody while being taken to a Magistrate to
furnish security for good behaviour could be punished under the provision of
(1) Section 224 of IPC
(2) Section 225 of IPC
(3) Section 225A of IPC
(4) Section 225B of IPC
44.
The distinction between intentional killing in hot blood and intentional killing when the
blood was cool may be inferred through
(1) Provocation
(2) Self-control
(3) Passion
(4) Resentment
45.
Read Assertion (A) and Reason (R) and answer using the codes given below :
Assertion (A) : In an illegal termination of workman the reinstatement of workman in
service does not appear to be an acceptable option in all cases. The
monetary compensation may sufficiently meet the ends of justice.
Reason (R)
: The compensation in lieu of reinstatement is the normal rule.
Codes :
(1) Both (A) and (R) are true and (R) is the correct explanation of (A).
(2) (A) and (R) are true, but (R) is not the correct explanation of (A).
(3) (A) is true but (R) is false.
(4) (A) is false but (R) is true.
Paper-II
20
J-58-16
46.
47.
48.
49.
50.
All the workmen employed on the date of dispute and subsequent to the dispute.
(3)
(4)
The Supreme Court referred the ILO instruments to reiterate the workers participation in
the industrial process as enshrined in the constitution and other labour legislations in one
of the following case :
(1)
(2)
(3)
(4)
Where an undertaking is closed for any reason whatsoever, every workman is entitled to
compensation if such workman has been in the continuous service
(1)
(2)
(3)
(4)
A strike could be legal or illegal and an illegal strike could be a justified one was opined
by Justice V.R. Krishna Iyer in one of the following case.
(1)
(2)
(3)
(4)
A Seven Judges Bench of the Supreme Court exhaustively considered the scope of the
definition Industry and laid down the Triple test in one of the following case :
(1)
(2)
(3)
(4)
Paper-II
22
J-58-16