2012 December UGC NET Solved Question Paper in Law, Paper II

1. Clause (4) of Article 15 has been added to the Constitution by

(A) The Constitution First Amendment Act.

(B) The Constitution Second Amendment Act

(C) The Constitution Fourth Amendment Act.

(D) The Constitution Sixth Amendment Act.

Answer: (A)

 

2. The State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India as per

(A) Article 40

(B) Article 43

(C) Article 44

(D) Article 48

Answer: (C)

 

3. In India sovereignty lies with

(A) The Constitution

(B) The Supreme Court

(C) The Parliament

(D) The People

Answer: (D)

 

4. The Supreme Court of India formulated the doctrine of eclipse in

(A) Bhikaji Narain Dhakras Vs State of M.P.www.netugc.com

(B) Bashesharnath Vs Income Tax Commissioner.

(C) State of W.B. Vs Anwar Ali Sarkar

(D) Maneka Gandhi Vs Union of India

Answer: (A)

 

5. The satisfaction of the President means the satisfaction of the Council of Ministers and not his personal satisfaction, held in

(A) Samsher Singh Vs State of Punjab

(B) U.N. RaoVs Indira Gandhi

(C) Ram Jawaya Kapoor Vs State of Punjab

(D) Sardar Lal Vs Union Government

Answer: (A)

 

6. The Concurrent List was described as a ‘Twilight Zone’, as it were for both the Union and the States are competent to legislate in this field without coming in to conflict” is stated by

(A) Basu, D.D.

(B) Dicey, A.V.

(C) Pyle, M.V.

(D) Ambedkar, B.

Answer: (C)

 

7. Article 360 has been invoked

(A) Only one time.

(B) two times.

(C) three times.

(D) Never invoked

Answer: (D)

 

8. “Jurisprudence is concerned primarily with the effects of law upon society and only to a lesser extent with questions about the social determination of law.” Who said it?

(A) Roscoe Pound

(B) Eugen Ehrlich

(C) Emile Durkheim

(D) Max Weber

Answer: (A)

 

9. “True law is that which has right reason in agreement with nature” was propagated by

(A) Cicero

(B) Hart

(C) Grotius

(D) Salmond

Answer: (C)

 

10. Match List - I with List - II and select the correct answer using the codes given below the lists:

List – I                        List – II

I. Privilege                   a. Gives content to the claim of a person

II. Duty                       b. Freedom from claim of another

III. Power                   c. Have no correlative claim according to Austin

IV. Absolute Duty      d. Ability of a person to change legal relations.

Codes:

(A) I-a II- b III-d IV-c

(B) I-b II-a III-d IV-c

(C) I-a II-b III-c IV-d

(D) I-b II-a III-c IV-d

Answer: (B)

11. ‘X’ a servant finds a bag at the basement of the shop. He hands it over to ‘Y’ the owner of the shop, who asks him to place it in the almirah. Now, the bag is in possession of

(A) ‘X’ because he was the finder.

(B) ‘Y’ because he was the owner of the shop.

(C) ‘X’ because he has kept it in the almirah.

(D) ‘Y’ because in him there was union of corpus and animus.

Answer: (D)

 

12. Which one of the following jurists emphasised that “We cannot understand what a thing is unless we study what it does”?

(A) Salmond

(B) Roscoe Pound

(C) Kelsen

(D) Austin

Answer: (A)

 

13. Who defines ‘ownership as planary control over an object’?

(A) Austin

(B) Salmond

(C) Holland

(D) Savigny

Answer: (C)

 

14. Assertion (A): A legal right is a legally protected interest.

Reason (R): An element of advantage is essential to constitute right.

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 correct explanation of (A).

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

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

Answer: (C)

 

15. Assertion (A): International Law Commission has initiated studies and prepared draft codes on diverse fields in international law.

Reason (R): International Law Commission was established under General Assembly Resolution No. 174 (11) adopted on 21 November 1947 with an object to promote, progressively develop and codify international law.www.netugc.com

Codes:

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

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

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

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

Answer: (A)

 

16. Match List - I with List - II.

List – I                                                                                    List – II

Declaration/ Treaty/Convention                                              Year ofAdoption

a. Universal Declaration of Human Rights                             i. 1948

b. International Convention on Civil and Political Rights      ii. 1966

c. Convention on the Rights of the Child                               iii. 2006

d. Convention on the Rights of Persons with Disabilities      iv. 1999

Codes:

      a b c d

(A) i ii iv iii

(B) ii i iv iii

(C) iv iii ii i

(D) iii ii iv i

Answer: (A)

 

17. Jus Cogens means

(A) Peremptory norm of international law.

(B) Norm of international law.

(C) Peremptory norm which does not permit derogation.

(D) None of the above.

Answer: (C)

 

18. Which one of the following is primary source of international law?

(A) Decisions of International Court of Justice.

(B) Resolutions of U.N. General Assembly.

(C) General Principles of law recognized by Civilized Nations.

(D) None of the above

Answer: (C)

 

19. Which one of the following is not a permanent member of the U.N. Security Council?

(A) U.K.

(B) U.S.A.

(C) Japan

(D) China

Answer: (C)

 

20. “Recognition operates retroactively not to invalidate the acts of a former government, but to validate the acts of a de facto government which has become the new de jure government.” has been held by the court in the case of:

(A) Civil Air Transport Inc. Vs Central Air Transport Corporation.

(B) A.M. Luther Vs Sagar & Co.

(C) The Arantzazu Mendi

(D) Gdynia Ameryka Linie Vs Boguslawski.

Answer: (A)

21. Rules relating to sapinda relationship are based on

(A) Principle of Endogamy

(B) Principle of Exogamy

(C) Principle of Polygamy

(D) Principle of Monogamy

Answer: (B)

 

22. On the ground of barrenness or sterility, marriage can be

(A) Voidable

(B) Void

(C) Both (A) and (B)

(D) Neither (A) nor (B)

Answer: (A)

 

23. Breakdown theory of divorce is reflected in

(A) Section 13 (1) of Hindu Marriage Act, 1955.

(B) Section 13 (2) of Hindu Marriage Act, 1955.

(C) Section 13 (IA) of Hindu Marriage Act, 1955.

(D) Section 13 (B) of Hindu Marriage Act, 1955.

Answer: (C)

 

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

List – I                                                            List – II

a. Ashok Hura Vs Rupa Hura case                 i. Restitution of Conjugal Rights

b. Bipin Chandra Vs Prabhavati                     ii. Uniform Civil Code

c. Sarla Mudugal Vs Union of India              iii. Dessertion

d. T. Sareetha Vs State of A.P.                      iv. Divorce by Mutual Consent.

Codes:

      a b c d

(A) i ii iii iv

(B) iv iii ii i

(C) ii iii i iv

(D) iv iii i ii

Answer: (B)

 

25. Arrange the grounds of divorce in the order in which they appear in the Hindu Marriage Act, 1955. Use the codes given below:

(I) Mutual consent

(II) Break down

(III) Fault

(IV) Customary

Codes:

(A) III II I IV

(B) II III IV I

(C) I II III IV

(D) IV III I II

Answer: (D)

 

26. The petition for divorce by mutual consent may be presented if the spouses have been living separately for a period of

(A) One year

(B) Two years

(C) Three years

(D) None of the above

Answer: (A)

 

27. An offer and an acceptance to it must be in the

(A) Same time

(B) Same place

(C) Same sense

(D) None of above

Answer: (C)

 

28. Which of the following statements are true?

(i) Past consideration is no consideration under Indian and English Law.

(ii) Past consideration is no consideration under Indian Law.

(iii) Past consideration is no consideration under English Law.

(iv) Past consideration is made in past.

Codes:

(A) (i) and (ii)

(B) (ii) and (iii)

(C) (iii) and (iv)

(D) (iv) and (i)

Answer: (C)

 

29. Assertion (A): When subject matter of a contract is destroyed, the contract is frustrated.

Reason (R): Frustration of a contract frustrates a party to the contract.

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 correct explanation of (A).

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

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

Answer: (B)

 

30. Arrange the following concepts in which they appeared. Use the code given below:

(i) Invitation to offer

(ii) Damage

(iii) Offer

(iv) Damages

Codes:

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

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

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

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

Answer: (A)

 

31. Match an item in List – I with an item in List – II, using code given below:

List – I                        List – II

i. Capacity                   1. Breach

ii. Damages                 2. Unruly horse

iii. Remedy                  3. Compensation

iv. Public policy          4. Sound mind

Codes:

       i ii iii iv

(A) 4 3 2 1

(B) 1 2 4 3

(C) 3 4 1 2

(D) 4 3 1 2

Answer: (D)

 

32. Which one of the following pairs does not match?

(A) Novation of contract - Section 62

(B) Agreement in restraint of legal proceedings - Section 29

(C) Tender of performance - Section 38

(D) Unlawful object and consideration - Section 23

Answer: (B)

 

33. Which one of the following is not an example of vicarious liability?

(A) Liability of the principal for the tort of his agent.

(B) Liability of partners for each others’ tort.

(C) Liability of the master for the tort of his servant.

(D) Liability of the parents for the tort of the children.

Answer: (D)

 

34. Match List – I and List – II, select the correct answer by using codes given below:www.netugc.com

List – I                                    List – II

a. Injuria sine damnum            1. Reylands Vs Fletcher

b. Damnum sine injuria           2. Gloucester’s Case

c. Strict liability                       3. Volenti non fit injuria

d. Defence of consent                         4. Ashby Vs White

Codes:

       a b c d

(A) 4 2 1 3

(B) 2 4 1 3

(C) 1 2 3 4

(D) 4 3 2 1

Answer: (A)

 

35. Rule of absolute liability was propounded by

(A) Justice Bhagwati

(B) Justice Sodhi

(C) Justice Ahmadi

(D) Justice Kuldeep Singh

Answer: (A)

 

36. Which one of the defence to strict liability is based on the maxim, volenti non fit injuria?

(A) Consent of the plaintiff

(B) Act of God

(C) Act of Third Party

(D) Statutory Authority

Answer: (A)

 

37. Mental condition of the wrong-doer at the time of wrong doing is

(A) Relevant in all torts.

(B) Relevant to torts based on fault.

(C) Relevant in torts based on strict liability.

(D) Not relevant in tortious liability.

Answer: (B)

 

38. Consider the following set of legal propositions:

(1) A person can claim damages for all wrongs he has suffered.

(2) A person can claim damages for wrongs only if they are caused intentionally.

(3) A person can claim damages for a wrong if it is caused by infringement of the legal right.

(4) A person can claim damages even if he has suffered no loss.

Of these above propositions which are correct?

(A) (1) and (2)

(B) (3) and (4)

(C) (1) and (3)

(D) (2) and (4)

Answer: (B)

 

39. Which of the meaning given for the maxim “Actus me invite factus non estmensactus” is correct?

(A) Merely a voluntary act by me will not be a crime with a criminal intention.

(B) An act done by me against my will is not my act.

(C) Neither I nor my person can be held liable for an act done under compulsion.

(D) All of them.

Answer: (B)

 

40. The general principles as to protection of an accused is based on:

(i) Autrefois acquit and Autrefois convict.

(ii) Reasonable doubt as to presumption of innocence.

(iii) Natural Justice.

(iv) Conviction can not be based without proving the guilt even if it was admitted.

Which statement is correct?

(A) (i) is correct.

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

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

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

Answer: (D)

 

41. Fill in the blanks with appropriate words:

The distinctive features of riot and unlawful assembly are an activity which is accompanied by ____

(A) Use of force and violence.

(B) Causing alarm.

(C) Violence on a common purpose.

(D) all of them.

Answer: (A)

 

42. The offence of __________ homicide supposes knowledge of likelihood of causing death.

(A) Unlawful

(B) Abnormal

(C) Culpable

(D) All types of

Answer: (C)

 

43. The expression ‘Seduced’ used in Section 366 A of Indian Penal Code means to _________ a woman to submit to illicit intercourse at any time.

(A) Use of force by stress

(B) Deceitfully induce

(C) Wilfully influence

(D) None of them

Answer: (B)

 

44. Preparation consists in devising or arranging means necessary for the commission of the offence. Such attempt is not punishable because

(i) The motive was harmless.

(ii) Impossibility to reach wrongful end.

(iii) Does not affect the security of any person.

(iv) It remained without culmination.

The reasoned answer is

(A) Only (i) is correct.

(B) The most probability is (i) and (ii).

(C) There is quite likelihood of (i) and (iii).

(D) All the reasons (i), (ii), (iii) and (iv) have to be examined.

Answer: (D)

 

45. No person employed in a public utility service shall go on strike

(I) without giving notice of strike to employer.

(II) Within 14 days of giving such notice.

(III) After expiry of date specified in notice for strike.

(IV) Within 7 days of conclusion of conciliation proceeding.

Codes:

(A) I and IV

(B) I and III

(C) I and II

(D) II and III

Answer: (C)

 

46. There can be lay-off for

(A) One day

(B) More than one day

(C) Maximum seven days

(D) Any period, even less than one day

Answer: (D)

 

47. In which of the following cases the court reiterated the well-known legal position that even a temporary worker can claim retrenchment compensation, if he is covered by the provisions of Section 25 F of the Industrial Disputes Act, 1947?

(A) Tatanagar Foundary Co. Vs Their Workmen.

(B) Management of Willcox Buckwell (India) Ltd. Vs Jagannath.

(C) Barsi Light Railway Co. Ltd. Vs Joglekar.

(D) Modern Stores Vs Krishandas.

Answer: (B)

 

48. Which one of the following statement is true?

(A) All Government departments are industries.

(B) No Government department can be industry.

(C) Government department carrying on business or trade may be industry.

(D) Government department carrying on only sovereign function may be industry.

Answer: (C)

 

49. According to Section 9 A of the Trade Union Act, 1926 minimum requirement about membership of a trade union is

(A) Seven

(B) Ten percent or one hundred of the workmen.

(C) Ten percent or one hundred of the workmen, whichever is less.

(D) Ten percent or one hundred of the workmen, whichever is less, subject to minimum seven.

Answer: (D)

 

50. To be a member of trade union, a person must attain the age of

(A) 18 years

(B) 16 years

(C) 15 years

(D) 21 years

Answer: (C)

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