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Update: 2021-09-21 01:40 GMT

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DU LLM QUESTION PAPER 2017 | Click Here to Download PDF

DU LLM QUESTION PAPER, 2017

Duration of examination: 2 hours
Maximum marks: 400
Negative marking: 1

1. For the purpose of ‘the scienter’ rule, animals mansuetae naturae means ___

  1. animals harmless by nature
  2. animals dangerous by nature
  3. endangered animals
  4. wild animals.

Answer: (a)

2. Match the maxims mentioned in list I with their meanings in List II and select the correct answer using the codes given below:

List I

(A) ex turpi causa non oritur action

(B) qui facit per alium facit per se

(C) salus populi supreme lex

(D) res ipsa loquitur

List II

(1) the welfare of people is supreme law

(2)the thing speaks for itself

(3) no action arises from an illegal or immoral conduct

(4) he who does an act through another is deemed in law to do it himself

Codes:

  1. A-3, B-2, C-4, D-1
  2. A-3, B-4, C-1, D-2
  3. A-1, B-4, C-3, D-2
  4. A-4, B-1, C-3, D-2.

Answer: (b)

3. By which Amendment to the Consumer Protection Act, 1986 the explanation added to the definition of “Consumer” under Section 2(1)(d) has been amended?

  1. 1993 Amendment
  2. 2002 Amendment
  3. 2011 Amendment
  4. 2015 Amendment.

Answer: (b)

4. Under Section 2(c) of the Public Liability Insurance Act, 1991 “Handling” in relation to any hazardous substance, means ____

  1. the manufacture, production, treatment, package, storage, use, collection, destruction, conversion, offering for sale, transfer or the like of such hazardous substance
  2. the manufacture, processing, treatment, package, storage, transportation by vehicle, use, collection, destruction, transfer or the like of such hazardous substance
  3. the manufacture, production, treatment, package, storage, transportation by vehicle, use collection, destruction, conversion, transfer or the like of such hazardous substance
  4. the manufacture, processing, treatment, package, storage, transportation by vehicle, use, collection, destruction, conversion, offering for sale, transfer or the like of such hazardous substance.

Answer: (d)

5. Which provision of the Consumer Protection Act, 1986 provides for establishment of Consumer Disputes Redressal Agencies?

  1. Section 9
  2. Section 13
  3. Section 15
  4. Section 17.

Answer: (a)

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6. Which of the following jurists introduced the doctrine of equality of states into international law and declared that a small republic was no less sovereign than the most powerful kingdom, just as a dwarf was as such a man as a giant?

  1. Vattel
  2. Hugo Grotius
  3. Alberico Gentili
  4. Francisco Vitoria.

Answer: (a)

7. The American continent would no longer be a subject of colonization by a European power and any attempt by them to extend their system to any portion of American continent would be regarded as dangerous to the peace and safety of the united states. Preceding statement is an illustration of ____

  1. Stimson doctrine
  2. Estrada doctrine
  3. Monroe doctrine
  4. Calvo doctrine.

Answer: (c)

8. The Universality Principle is one of the main general principles on which States claim a more or less extensive penal jurisdiction at the present under International Law. Under this principle the jurisdiction is determined by reference to:

  1. the place of commission of offence
  2. the nationality or national character of criminal
  3. national interest injured by the offence
  4. custody of the person committing the offence.

Answer: (d)

9. Under which of the following cases did the ICJ regard the straight baseline system as a valid principle of International Law in view of the special geographic conditions of the sea?

  1. Anglo-Norwegian Fisheries case (UK v. Norway), ICJ Reports 1951
  2. Qatar v. Bahrain, ICJ Reports 2001
  3. North Sea Continental Cases, ICJ Reports 1969
  4. Fisheries Jurisdiction Case (Merits) (UK v. Iceland), ICJ Reports 1974.

Answer: (a)

10. Each member of the UN is permitted to send to the General Assembly not more than:

  1. Two Representatives
  2. Three Representatives
  3. Four Representatives
  4. Five Representatives.

Answer: (d)

11. Which of the following Articles of the UN Charter confers the primary responsibility to maintain international peace & security upon the security council?

  1. Article 1(1), UN Charter
  2. Article 24, UN Charter
  3. Article 25, UN Charter
  4. Article 27, UN Charter.

Answer: (b)

12. Which of the following sources is mentioned as one of the subsidiaries means for determination of rules of international law in Article 38 (1) (d) of the statute of International Court of Justice?

  1. General Assembly Resolutions
  2. Unilateral Acts of States
  3. Judicial decisions
  4. Rules of International Comity.

Answer: (c)

13. Which Article of International Law Commission Draft Code on State Responsibility deal with the rule of “Exhaustion of Local Remedies”?

  1. 43
  2. 44
  3. 45
  4. 46.

Answer: (b)

14. The “Uniting for Peace” Resolution of 1950 implies that ____

  1. the General Assembly can take up an issue, with the permission of the Security Council, which is likely to threaten the international peace and security and which the Security Council has failed to resolve as a result of a veto
  2. the General Assembly can take up an issue which is likely to threaten international peace and security and which the Security Council has failed to resolve as a result of a veto
  3. the General Assembly can take up an issue which is likely to threaten the international peace and security in emergent situations
  4. None of the above.

Answer: (b)

15. The “Optional Clause” in relation to jurisdiction of ICJ provides that:

  1. The State parties to the present Statute may at any time declare that they recognize as compulsory ipso facto, and without special agreement, in relation to any other state accepting the same obligation, the jurisdiction of the International Court of Justice
  2. The State parties to the present Statute may at any time declare, with the approval of the General Assembly, that they recognize as compulsory ipso facto, and without special agreement, in relation to any other state accepting the same obligation, the jurisdiction of the International Court of Justice
  3. The State parties to the present Statute may at any time declare, with the approval of the Security Council, that they recognize as compulsory ipso facto, and without special agreement, in relation to any other state accepting the same obligation, the jurisdiction of the International Court of Justice
  4. None of the above.

Answer: (a)

16. ‘Full Powers’ under the Vienna Convention on the law of treaties, 1969 means:

  1. objection to treaty provision
  2. a formal document designating a person or persons to represent the State in the treaty negotiations
  3. power to terminate the treaty unilaterally
  4. power to compel a state to become a party to the treaty.

Answer: (b)

17. The principle whereby a State can prevent a rule of customary rule becoming binding on it the first place, is called ____

  1. Jus cogens
  2. Pacta sunt servanda
  3. Persistent objector rule
  4. Opinio Juris sive necessitatis.

Answer: (c)

18. Recently in 2016, in which of the following cases, the International Court of Justice rejected the case against certain nuclear- armed States for failing to stop the spread of nuclear weapons?

  1. Cook Islands v. UOI
  2. Marshall Islands v. USA
  3. Madagascar v. France
  4. Marshall Islands v. United Kingdom.

Answer: (d)

19. The intermediary is liable for the unlawful third party information hosted by him under the Information Technology Act, 2000

(1) if it initiates the transmission

(2) if it modifies the information contained in the transmission

(3) if it fails to expeditiously remove or disable the access to unlawful material upon receiving actual knowledge

(4) intermediary shall not be liable for hosting third party information.

Choose the correct option from below:

  1. (1), (2) and (3) are correct
  2. (1) and (3) are correct
  3. (1) and (2) are correct
  4. Only (4) is correct.

Answer: (a)

20. Which of the followings can happen in ‘Denial of Service Attack’?

(1) Flooding the computer with more requests than it can handle.

(2) It can lead to server crash.

(3) The authorized users are unable to access the service

(4) It is punishable under section 43(f) of the Information Technology Act, 2000

Choose the correct option from below:

  1. (1),(2) and (3) are correct
  2. (3) and (4) are correct
  3. (2) and (3) are correct
  4. All of the above are correct.

Answer: (a)

21. Digital signature include/s ____

(1) Asymmetric cryptosystem

(2) Thumb impression in BHIM app

(3) Quantum cryptography

(4) Biometrics

Choose the correct option from below:

  1. (1) and (2) are correct
  2. (1), (2) and (4) are correct
  3. Only (1) is correct
  4. All of the above are correct.

Answer: (c)

22. The adjudicating officer under the Information Technology Act, 2000:

(1) can hold an enquiry against a person for contraventions of provisions under chapter IX.

(2) can adjudicate where claim or damage does not exceed Rs. 5 Crores

(3) should not be below the rank of Joint Secretary to the Government of India or equivalent rank under the State.

  1. None of the above is correct
  2. All are correct
  3. (1) and (2) are correct
  4. Only (3) is correct.

Answer: (c)

23. The offence of child pornography is punishable under which Section of the Information Technology Act, 2000?

  1. 66A
  2. 67
  3. 67B
  4. 67C.

Answer: (c)

24. Match the cases mentioned in List I with the principles/provisions contained in List II and select the correct answer using the codes given below:

List I

  1. Ashok Hurra v. Rupa Hurra
  2. Gita Hariharan v. RBI
  3. Lily Thomas v. UOI
  4. T. Sareetha v. T. Venkata Subbaiah

List II

  1. Restitution of Conjugal Rights
  2. Uniform Civil Code
  3. Mother as natural guardian
  4. Divorce by Mutual Consent

Codes:

  1. A-4, B-3, C-2, D-1
  2. A-4, B-2, C-3, D-1
  3. A-3, B-4, C-2, D-1
  4. A-3, B-1, C-4, D-2.

Answer: (a)

25. When two persons are descendants of a common ancestress but by different ancestors, they are said to be related to each other by ____

  1. uterine blood
  2. full blood
  3. half blood
  4. fosterage.

Answer: (a)

26. Children born of void marriages or annulled voidable marriages under Sections 11 and 12 of the Hindu marriage Act, 1955 are ____

  1. illegitimate
  2. legitimate and can inherit all family property
  3. deemed to be illegitimate but can inherit only the property of their parents
  4. deemed to be legitimate but cannot inherit the property of any person other than their parents.

Answer: (d)

27. No adoption shall be valid unless ___

(1) the person adopting has the capacity and also the right to take in adoption.

(2) the person giving in adoption has the capacity and also the right to give in adoption.

(3) the person adopting has the capacity to take in adoption.

(4) the person giving in adoption has the capacity to do so.

Codes:

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

Answer: (b)

28. Rules relating to Sapinda relationship are based on the principle of ____

  1. polygamy
  2. endogamy
  3. exogamy
  4. polyandry.

Answer: (c)

29. An alienation of minor’s property without the permission of the court is ____

  1. Void ab initio
  2. Voidable at the instance of the minor
  3. Voidable at the instance of the alienee
  4. Irregular.

Answer: (a)

30. Which of the following grounds are not mentioned by the Dissolution of Muslim Marriage Act 1939, for divorce to a Muslim woman married under Muslim Law?

(1) 4 years imprisonment of the husband.

(2) husband has ceased to be Muslim by conversion to another religion.

(3) whereabouts of the husband are not known for a period of 4 years.

(4) husband was impotent at the time of marriage and continues to do so.

Codes:

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

Answer: (a)

31. Match the Islamic concepts given in List I with their equivalent terms given in List II and select the correct answer with the help of codes given below:

List I

(A) Ijma

(B) Jinayat

(C) Hadith

(D) Qiyas

List II

(1) Criminal Law

(2) Opinion of individual Jurists

(3) Collective opinion of commentators

(4) Tradition

Codes:

  1. A-3, B-2, C-4, D-1
  2. A-2, B-3, C-4, D-1
  3. A-3, B-1, C-4, D-1
  4. A-3, B-4, C-2, D-1.

Answer: (c)

32. A Muslim husband can delegate his right of talaq to ____

  1. Wife
  2. Third Person
  3. Any third person or to his wife
  4. None of the above.

Answer: (c)

33. Akbar, a Sunni Muslim male, marries Rosy, a Christian female, under Muslim Law. The marriage is ____

  1. Void
  2. Voidable
  3. Irregular
  4. Valid.

Answer: (d)

34. Cooling off period between 2 ‘buy backs of Securities’ under the Companies Act, 2013:

  1. 6 Months
  2. 1 year
  3. 3 years
  4. No limitation period.

Answer: (b)

35. Corporate Social Responsibility compliance is required if a company has ___

  1. net profit of Rs. 5 crores or net worth of Rs. 1000 crores or turnover of Rs. 500 crores
  2. net profit of Rs. 5 crores or net worth of Rs. 500 crores or turnover of Rs. 1000 crores
  3. net profit of Rs. 5 crores or net worth of Rs. 1000 crores or turnover of Rs. 10 crores
  4. net profit of Rs. 5 crores or net worth of Rs. 50 crores or turnover of Rs. 100 crores.

Answer: (b)

36. Assertion(A): Company is not a citizen.

Reason (R): It cannot claim the protection of Fundamental Rights

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

Answer: (c)

37. Proposition I: Rule of constructive notice protects the outsiders against the company.

Proposition II: Turquand Rule protects the company against outsiders.

  1. Both are true
  2. Both are wrong
  3. I is true, II is wrong
  4. II is true, I is wrong.

Answer: (b)

38. Match the corporate principles contained is List I with cases shown in List II and select the correct answer using the codes given below:

List I

  1. Piercing the corporate veil.
  2. Doctrine of ultra vires
  3. Citizenship of a company.
  4. Sanctity of majority rule

List II

  1. State Trading Corporation of India v. CTO
  2. Foss v. Harbottle
  3. Gilford Motor Company v. Home
  4. Ashbury Railway Carriage v. Riche

Codes:

  1. A-3, B-2, C-1, D-4
  2. A-3, B-4, C-1, D-2
  3. A-4, B-3, C-2, D-1
  4. A-3, B-4, C-2, D-1.

Answer: (b)

39. Number of directorship a person can hold in different companies is ____

  1. 25 including 10 public companies
  2. 15 including 10 public companies
  3. 12 including 5 public companies
  4. 20 including 10 public companies.

Answer: (d)

40. Assertion (A): HUF business unit is not a firm.

Reason (R): The relation of partnership arises from contract and not from status.

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

Answer: (a)

41. Identify the correct legal proposition from the following statements.

  1. every partner is liable, severally with all the other partners and jointly for all acts of the firm done while he is a partner
  2. every partner is liable, jointly with all the other partners and severally for all acts of the firm done while he is a partner
  3. every partner is liable only for acts done by him as acts of the firm done while he is a partner
  4. sleeping partner is not liable for acts done by him as acts of the firm done while he is a partner.

Answer: (b)

42. Sonu, a minor, has opted to become a partner on attaining majority. he becomes personally liable to third parties for acts of the firm ____

  1. from the date of option
  2. from the date of being admitted to the benefits as a minor
  3. from the date of commencement of the business
  4. not personally liable at all.

Answer: (b)

43. Match List I containing events and List II containing corresponding provisions of Indian Partnership Act and select the correct answer using the codes given below:

List I

  1. Expulsion of a Partner
  2. Retirement of a Partner
  3. Insolvency of a Partner
  4. Introduction of a Partner

List II

  1. Section 31
  2. Section 34
  3. Section 32
  4. Section 33

Codes:

  1. A-4, B-2, C-3, D-1
  2. A-4, B-1, C-2, D-3
  3. A-4, B-3, C-2, D-1
  4. A-1, B-3, C-4, D-2.

Answer: (c)

44. “The law of Contracts is not the whole law of agreements, nor is it the whole law of obligations.” This was stated by:

  1. William Anson
  2. Salmond
  3. Banerjee
  4. Pollock.

Answer: (b)

45. Communication of an acceptance is complete:

  1. When it is put into a course of transmission as against the acceptor.
  2. when it comes to the knowledge of the proposer as against the proposer.
  3. when it is put into a course of transmission as against the proposer.
  4. when it comes to the knowledge of the proposer as against the acceptor.

Choose the correct option from below:

  1. 1 and 2 are correct
  2. 3 and 4 are correct
  3. 1 and 3 are correct
  4. Depends on the terms of the contract.

Answer: (b)

46. Which of the following statements are true?

  1. Past consideration is no consideration under both Indian and English Law.
  2. Past Consideration is no consideration under Indian Law.
  3. Past Consideration is no consideration under English Law.
  4. Past Consideration means consideration is given earlier and the promise is made later.

Choose the correct option from below:

  1. 1 and 2 are correct
  2. 2 and 3 are correct
  3. 3 and 4 are correct
  4. 4 and 1 are correct.

Answer: (c)

47. Match the doctrines mentioned in List I with the provisions of Indian Contract Act, 1872 in List II and select the correct answer using codes given below:

List I

  1. Doctrine of Accord and satisfaction
  2. Doctrine of Frustration
  3. Doctrine of unjust enrichment
  4. Doctrine of Pari Delicto

List II

  1. Section 63
  2. Section 56
  3. Section 70
  4. Section 23

Codes:

  1. A-2, B-3, C-4, D-1
  2. A-1, B-2, C-3, D-4
  3. A-3, B-2, C-1, D-4
  4. A-3, B-2, C-4, D-1.

Answer: (b)

48. Assertion (A): A minor’s agreement cannot be ratified by him on attaining the age of majority.

Reason (R): A ratification in law is treated as equivalent to a previous authority.

  1. (A) is true, but (R) is false
  2. (A) is false, but (R) is false
  3. Both (A) and (R) are false
  4. Both (A) and (R) are true, and (R) is the correct explanation of (A).

Answer: (d)

49. Match the propositions in List I with the related cases in list II and select the correct answers using the codes given below:

List I

  1. Statement of price is not an offer
  2. Exception to Privity of Contract
  3. Acceptance must be communicated to the offeror
  4. No estoppel against a minor

List II

  1. Khwaja Muhammad Khan v. Husaini Begum
  2. Mohiri Bibee v. Dharmodas Ghose
  3. Harvey v. Facey
  4. Felthouse v. Bindley

Codes:

  1. A-3, B-2, C-4, D-1
  2. A-2, B-1, C-4, D-3
  3. A-3, B-1, C-4, D-2
  4. A-4, B-3, C-2, D-1.

Answer: (c)

50. ‘A’ posts a letter of offer on 10th August. It reaches ‘B’ on 14th august. ‘A’ revokes his offer by telegram on 12th August. The telegram reaches ‘B’ on 16th August. The revocation is complete:

  1. on 12th as against ‘B’
  2. on 16th as against ‘B’
  3. on 12th as against ‘A’
  4. on 16th as against ‘A’

Choose the correct answer from the given options:

  1. 1 and 4 are correct
  2. 2 and 3 are correct
  3. 1 and 3 are correct
  4. 2 and 4 are correct.

Answer: (b)

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51. ‘A’ promises to paint a picture for ‘B’ by a certain day, at a certain price. ‘A’ dies before the day. The Contract ____

  1. cannot be enforced either by A’s representatives or by B
  2. can be enforced by B but not by A’s representatives
  3. can be enforced by A’s representatives but not by B
  4. Can be enforced either by A’s representatives or by B.

Answer: (a)

52. Choose the incorrect propositions by using the codes given below:

  1. when there are more one joint promise, an offer of performance to one of the joint promisees is not a valid tender.
  2. when there are more than one joint promise, an offer of performance to one of joint promises is a valid tender.
  3. a promise cannot accept the performance of the contract from a person other than the promisor.
  4. the liability of the joint promisors is joint and several.

Codes:

  1. 1 and 3 are correct
  2. 2 and 3 are correct
  3. 1 and 4 are correct
  4. 2 and 4 are correct.

Answer: (a)

53. Match the principles/doctrines contained in List I with the provisions of Indian contract act, 1872 in List II and select the correct answer using the codes given below:

List I

  1. time is the essence of the contract
  2. anticipatory breach of contract
  3. Doctrine of frustration
  4. Discharge by Novation

List II

  1. Section 56
  2. Section 62
  3. Section 55
  4. Section 39

Codes:

  1. A-2, B-1, C-4, D-3
  2. A-3, B-4, C-2, D-1
  3. A-4, B-3, C-2, D-1
  4. A-3, B-4, C-1, D-2.

Answer: (d)

54. According to Austin, international law is ____

  1. Positive law
  2. Soft law
  3. Conventional law
  4. Positive morality.

Answer: (d)

55. Who said that “Jurisprudence is the formal science of law”?

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

Answer: (a)

56. Thomas Aquinas belongs to which school of Jurisprudence?

  1. Historical
  2. Positive
  3. Realist
  4. Natural.

Answer: (d)

57. Who amongst the following does not belong to the Social Contract theory?

  1. John Rawls
  2. John Locke
  3. Thomas Hobbes
  4. Joseph Raz.

Answer: (d)

58. The book “Justice: What’s the right thing to Do” has been authored by ____

  1. Upendra Baxi
  2. Michael Sandel
  3. John Rawls
  4. Ronald Dworkin.

Answer: (b)

59. For a custom to be valid as law must possess the following attribute(s)?

  1. Antiquity
  2. Certainty
  3. Continuity
  4. All of the above.

Answer: (d)

60. Ownership consist of ___

  1. corporeal objects
  2. personal rights
  3. rights in propria
  4. rights in rem.

Answer: (d)

61. Possession acquired through an agent is ____

  1. Concurrent possession
  2. Immediate possession
  3. Mediate possession
  4. Corporeal possession.

Answer: (c)

62. “The idea of justice means enhancing capabilities”. This is the philosophy propounded by ___

  1. Roscoe pound
  2. John Rawls
  3. Amartya Sen
  4. Michael Sandel.

Answer: (c)

63. The underlying purpose of recognizing corporation sole is ____

  1. to make the transfer of property easy
  2. to make the inheritance of property easy
  3. to protect the state property
  4. to maintain continuity of an entity.

Answer: (d)

64. Fiction theory belongs to the concept of ___

  1. Rights
  2. Possession
  3. Personality
  4. State.

Answer: (c)

65. Feminist jurisprudence deals with ____

  1. patriarchy
  2. violence against women
  3. women and law
  4. all of the above.

Answer: (d)

66. Which one of the following is an essential element for the offence of Sedition under Section 124A of the Indian Penal Code, 1860?

  1. publication of pamphlets disapproving of governmental policies
  2. dishonest intention and conspiracy
  3. actual hatred being aroused by the action of an individual or group against another group
  4. any attempt to bring hatred or excite disaffection towards the government established by law.

Answer: (d)

67. Which of the following is not an inchoate crime?

  1. criminal conspiracy
  2. attempt to commit murder
  3. abetment
  4. abduction.

Answer: (d)

68. In which of the following case, the right of private defence of property extends to the causing of death?

  1. House Trespass
  2. Mischief by fire in a godown used for storing
  3. House Breaking
  4. A thief running away with the stolen property.

Answer: (b)

69. Identify the incorrect statement from the following with regard to Section 300 of the Code of Criminal Procedure, 1973?

  1. A person tried by a court of competent jurisdiction and convicted cannot be tried again for the same offence on the same facts.
  2. A person tried by a court of competent jurisdiction and discharged may be tried for the same offence with the permission of first court discharging him
  3. A person acquitted of any offence constituted by any act causing consequences which, together with such act, constituted a different offence from that of which he was acquitted may be tried for such last mentioned offence
  4. A person acquitted or convicted of any offence may be afterwards tried, with the consent of the state government, for any distinct offence for which a separate charge might have been made against him at the former trial.

Answer: (c)

70. In working out mutually satisfactory disposition Under section 265C of the Code of Criminal Procedure, 1973, who all may participate in the process of plea bargaining?

  1. only the accused and the victim
  2. the accused, the victim and the public prosecutor
  3. the accused, the victim, the investigating police officer and the public prosecutor
  4. the accused, the victim and the judge.

Answer: (c)

71. The offence of sexual harassment under section 354A of the Indian Penal Code, 1860 includes ____

  1. hostile environment
  2. quid pro quo
  3. physical contact and advances involving unwelcome and explicit sexual overtures.
  4. all of the above.

Answer: (d)

72. The period of solitary confinement under Section 73 of the Indian Penal Code, 1860 can be for a maximum of ____

  1. one month
  2. 2 months
  3. 3 months
  4. 15 days.

Answer: (c)

73. Under section 438 of the Code of Criminal Procedure, 1973, anticipatory bail can be sought by a person by moving an application ____

  1. for any offence before high court
  2. presence of applicant seeking anticipatory bail is must
  3. for a non-bailable offence before a sessions court or a High Court
  4. all of the above.

Answer: (c)

74. The offence of rape under Section 375 of the Indian Penal Code, 1860 is understood to have been committed if there is ____

  1. consensual sexual intercourse by a man with a woman of 17 years of age
  2. consensual sexual intercourse by a man with his own wife, the wife not being under 16 years of age
  3. non-consensual sexual intercourse by a man with his own wife, the wife not being under 15 years of age
  4. all of the above.

Answer: (a)

75. Match the cases mentioned in List I which the principles/events contained in List II and select the correct answer using the codes given below:

List I

  1. Lalita Kumari v. Government of UP
  2. D.K. Basu v. state of W.B.
  3. Arnesh Kumar v. state of Bihar
  4. Rupen Deal Bajaj v. K.P.S. Gill

List II

  1. Arrest
  2. Outraging the Modesty of a woman
  3. Registration of FIR
  4. Rights of arrested Person

Codes:

  1. A-1, B-4, C-2, D-3
  2. A-3, B-4, C-1, D-2
  3. A-1, B-3, C-2, D-4
  4. A-2, B-4, C-1, D-3.

Answer: (b)

76. In Raja Ram v. Hon’ble Speaker, Lok Sabha and others (2007), which one of the following was not an issue before the Supreme Court.

  1. whether right to speech and expression is inferior to the privileges of the member of the House?
  2. whether the SC has to decide the content and scope of powers, privileges and immunities of the legislature and its members?
  3. whether powers and privileges under Article 105 include the power of expulsion of their members?
  4. whether the SC has the jurisdiction to interfere in the exercise of power by a House of the Parliament to expel its own members?

Answer: (a)

77. What is the maximum punishment for a a person who is found guilty of the offence of benami transaction after the Benami Transactions (prohibition) Amendment Act, 2016 came into force?

  1. 3 years
  2. 5 years
  3. 7 years
  4. 10 years.

Answer: (c)

78. In ABC v. the State (NCT of Delhi) 2015, the Supreme Court has held that ____

  1. The mother of a child born outside of wedlock, cannot be assigned guardianship
  2. The mother of a child born outside of wedlock, can be assigned guardianship only after determining identity of the father
  3. The mother of a child born outside of wedlock, can be assigned guardianship only with the consent of her parents
  4. Section 7 and 11 of the guardians and wards act, 1890, do not, necessarily require notice to be sent to the unwilling father and therefore the mother of a child born outside of wedlock can be bestowed guardianship.

Answer: (d)

79. Provisions relating to vesting of property by escheat or lapse or as bona vacantia, in the territory of India is provided under Article ___ of the Constitution of India, 1950.

  1. Article 297
  2. Article 298
  3. Article 294
  4. Article 296.

Answer: (d)

80. In Jindal Stainless Ltd. v. State of Haryana 2016, the Supreme Court has laid down that:

  1. Taxes simpliciter are not within the contemplation of Part XIII of the Constitution of India, 1950.
  2. levy of discriminatory tax (by a state) would not constitute an infraction of Article 301.
  3. clauses (a) and (b) of Article 304 have to be read disjunctively.
  4. the ‘compensatory tax theory’ evolved in Automobile Transport case has no juristic basis and is therefore rejected.

Choose the correct option from below:

  1. All are correct
  2. 1,3, and 4 are correct
  3. 3 and 4 are correct
  4. None of the above is correct.

Answer: (b)

81. Match the principles/provisions mentioned in List I with the Articles of the Constitution of India, 1950 in List II and select the correct answer from the codes given below:

List I

  1. Full faith and credit shall be given to public acts, records and judicial proceedings of the Union and of every state
  2. Doctrine of Pleasure
  3. Control of the Union over the administration of the Scheduled area and the welfare of the scheduled tribes
  4. taxes not to be imposed save by authority of law

List II

  1. Article 265
  2. Article 261
  3. Article 310
  4. Article 339

Codes:

  1. A-3, B-4, C-1, D-2
  2. A-4, B-1, C-2, D-3
  3. A-4, B-3, C-1, D-2
  4. A-2, B-3, C-4, D-1.

Answer: (d)

82. Which of the followings is incorrect of the Doctrine of ‘Territorial Nexus’?

  1. It is related to the provision contained in Article 245 of the Constitution of India, 1950
  2. It applies to the laws made by the legislature of a state
  3. It does not apply to laws made by parliament
  4. None of the above is incorrect.

Answer: (c)

83. Article 361 A of the Constitution of India, 1950 confers protection of publication of proceedings of Parliament and State Legislatures. Which of the following is not correct about the provision?

  1. The article was added by the constitution (44th amendment) Act
  2. The protection is available to reports published in newspapers
  3. The protection is available only to publications made without malice
  4. Protection of the article is available to the publication of a secret sitting of the either Houses of Parliament or legislative Assemblies.

Answer: (d)

84. In which of the following Judgments, the Supreme Court explained the effect of 42nd amendment on protection available to civil servants under Article 311 of the Constitution of India, 1950?

  1. Managing director, Electronic Corp. of India v. B. Karunaker
  2. Union of India v. Tulsiram Patel
  3. K. Kraipak v. UOI
  4. N. Mukerjee v. UOI.

Answer: (a)

85. Which one of the followings is not correct about the 229th report of the Law Commission of India, 2009?

  1. The report recommends division of the Supreme Court into a Constitution Bench at Delhi and 4 Cassation benches in the 4 region/zones of the country
  2. The report recommends that the Constitution Bench should deal with constitutional and other allied issues while cassation benches should deal with all appellate work arising out of the orders/judgments of the High Courts of the particular region
  3. The report recommends division of the Supreme Court into a Constitution Bench and 4 Cassation Benches can be done by Parliament through suitable legislation/constitutional amendment for this purpose
  4. The report recommends division of the SC into a Constitution Bench and 4 Cassation Benches can be done by the Supreme Court under Article 130 of the Constitution of India, 1950.

Answer: (d)

86. In Madras Bar Association v. Union of India, the Supreme Court declared the National Tax Tribunal Act, 2005 an unconstitutional on the ground that ____

  1. the Act empowered the National Tax Tribunal to give decisions binding on Central and State Governments
  2. that it encroached upon the exclusive domain of the superior courts of record and the principle of separation of powers
  3. the Act failed to ensure the Independence of the Tribunal established under it
  4. none of the above.

Answer: (b)

87. A joint sitting of both houses of Parliament may be summoned by President:

  1. only to consider a Money Bill
  2. if the Houses have finally disagreed as to the amendments to be made in the Bill
  3. if the bill is not rejected by the other house
  4. whenever the president pleases.

Answer: (b)

88. The provisions of the General Clauses Act, 1897 ____

  1. apply for the interpretation of the Constitution by virtue of Article 367
  2. do not apply for the interpretation of the Constitution by virtue of Article 366
  3. do not apply for the interpretation of the Constitution by virtue of Article 372
  4. can be applied by the higher courts for the interpretation of the constitution, if the President so notify by order.

Answer: (a)

89. Consider the following statements:

  1. Executive power of the Union and States is defined in relation to legislative competency of the Parliament and State Legislatures, respectively.
  2. Executive power of the Union extends to giving of direction to a State in certain cases.
  3. Articles 13 and 32, read together, provide a major charter of law reform.
  4. Constitution and Constitutional law are not synonymous

Choose the incorrect option from below:

  1. Only 4 is incorrect
  2. 1 and 2 are incorrect
  3. 1,2 and 3 are incorrect
  4. none of the above is incorrect.

Answer: (d)

90. Which Article of the Constitution of India, 1950 mentioned below provides for reservation of seats for women in Panchayats?

  1. Article 243D
  2. Article 243B
  3. Article 243C
  4. Article 243I.

Answer: (a)

91. Which of the followings is/are correct of the Paris Agreement 2015?

  1. It envisages to make finance flows consistent with a pathway towards low greenhouse gas emissions and climate resilient development
  2. The agreement aims to pursue efforts to limit the temperature increase to 1.5 degrees Celsius above pre-industrial levels
  3. This agreement will be implemented to reflect equity and the principle of common but differentiated responsibilities and respective capabilities, in the light of different national circumstances
  4. All of the above.

Answer: (d)

92. The precautionary principle of environmental law was elucidated as part of municipal law of India in:

  1. Indian council for Enviro legal action v UOI
  2. Vellore Citizens Welfare Forum v. UOI
  3. M.C. Mehta v. Kamal Nath
  4. M.C. Mehta v. UOI.

Answer: (b)

93. Which of the followings is a Special Directive?

  1. The State shall secure the citizens, men women equally, have the right to an adequate means of livelihood
  2. Every citizen shall renounce practices derogatory to the dignity of women
  3. The Supreme Court may pass such orders as is necessary for doing complete justice
  4. There shall be a special officer for linguistic minorities to be appointed by the President.

Answer: (d)

94. Match the cases mentioned in List I with the decisions given in List II and select the correct answer from the codes given below:

List I

  1. Re, Special Reference No. 1 of 2012
  2. Abhiram Singh v. C.D. Commachen 2017
  3. Krishna Kumar Singh v. State of Bihar 2017
  4. National Legal Services Authority v. UOI 2014

List II

  1. Prohibition of appeals in elections on the ground of religion, race, caste, community or language by any candidate
  2. the power of the President under Article 123 or of the governor under Article 213 to promulgate Ordinance
  3. Allocation of natural resources
  4. Rights of third gender

Codes:

  1. A-3, B-4, C-1, D-2
  2. A-4, B-3, C-1, D-2
  3. A-3, B-4, C-2, D-1
  4. A-3, B-1, C-2, D-4.

Answer: (d)

95. Article 269A(I) of the Constitution of India, 1950 provides that Goods and Service tax on supplies in the course of inter-state trade or commerce shall be levied and collected by the Government of India and such tax shall be apportioned between Union and the States:

  1. as may be provided by Parliament by law on the recommendations of the Goods and Services Tax Council
  2. as may be provided by the Parliament by law
  3. on the recommendations of the Goods and Services Tax Council
  4. on the recommendation of the President.

Answer: (a)

96. Match the principles mentioned in List I with the associated cases in List II and select the correct answer from the codes given below:

List I

  1. res ipsa loquitur
  2. Novus actus interveniens
  3. Innuendo
  4. ‘Eggshell Skull’ Rule

List II

  1. Tolley v. J.S. Fry & Sons
  2. Achutrao Haribhau Khowda v. State of Maharashtra
  3. Smith v. Leech Brain & Co. Ltd
  4. Lynch v. Nurdin

Codes:

  1. A-3, B-1, C-4, D-2
  2. A-1, B-3, C-4, D-2
  3. A-2, B-4, C-1, D-3
  4. A-4, B-2, C-3, D-1.

Answer: (c)

97. Special damage must be proved in an action for

  1. Negligence
  2. Nuisance
  3. Both A & B
  4. Trespass.

Answer: (c)

98. While D was on drive in his 2 horse carriage, a dog barked and pounced on the horses, thereby the horses got scared and became unmanageable and injured P, a pedestrian. P sued D. What defence is available to D?

  1. Contributory Negligence
  2. Inevitable accident
  3. Vis major
  4. Volenti non fit injuria.

Answer: (b)

99. In which of the following cases, Lord Wilberforce opined that “It is necessary to consider 3 elements inherent in any claim for nervous shock: the class of persons whose claim should be recognized, the proximity of such persons to the incident and the means adopted by which shock is caused”?

  1. Mcloughlin v. O’brian
  2. Hinz v. Berry
  3. Page v. Smith
  4. Alcock v. Chief Constable of South Yorkshire Police.

Answer: (a)

100. In which of the following cases, the Supreme Court stated that “in modern sense of distinction between sovereign and non sovereign power does not exist”?

  1. Shyam Sunder v. State of Rajasthan
  2. State of Gujarat v. Memon Muhammed
  3. Chairman, Railway Board v. Chandrima Das
  4. N. Nagendra Rao & Co. v. State of A.P.

Answer: (d)

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