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DU LLM QUESTION PAPER, 2012
Duration of examination: 2 hours
Maximum marks: 700
Negative marking: 1
1. Which of the following is the largest committee of Parliament?
- Joint Parliamentary Committee
- Public Accounts Committee
- Committee on Public Undertakings
- Estimates Committee.
2. From the Constitution of which of the foreign country, the idea of Preamble was borrowed in Indian Constitution?
- United States of America
3. Under which Article of the Constitution untouchability is abolished and its practice is made punishable?
- Article 18
- Article 17
- Article 16
- Article 15.
4. In case of Armed Forces, the fundamental rights granted under Articles 14 and 19 of the Constitution are:
- Available only according to law made by Parliament
- Available to them in the same way as they are available to other citizens
- Available only at the discretion of President depending upon the circumstances
- Not available to them.
5. On which of the following grounds, the right to freedom of religion cannot be restricted?
- Public order
- Security of State.
6. In which of the following circumstances, preventive detention can be enforced as per Article 22 of the Constitution?
- During civil riots
- During communal violence
- During emergency
- During normal times.
7. Under which jurisdiction, the Supreme Court hears dispute between the Government of India and one or more States?
- Advisory jurisdiction
- Appellate jurisdiction
- Extraordinary jurisdiction
- Original jurisdiction.
8. Which of the fundamental rights cannot be suspended during the proclamation of national emergency?
- Article 19 cannot be suspended
- Articles 20 and 21 cannot be suspended
- Article 32 cannot be suspended
- All fundamental rights can be suspended temporarily.
9. What is the nature of a legislation enacted by a State legislature?
10. The protection of Article 20(3) is not available to:
- Confession of guilt made to a friend who visits the accused who is in police custody
- Confession made through intelligible gestures under compulsion
- Confession made through the production of document or thing under compulsion
- Confession of guilt made in police custody by words.
11. Who administers the oath to the President of India?
- Outgoing President
- Speaker of the Lok Sabha
- Vice-President of India
- Chief Justice of India.
12. Under which Article of the Constitution, the Parliament has the power to make law for giving effect to international agreements?
- Article 348
- Article 253
- Article 250
- Article 254.
13. Which of the following is not a “Money Bill”?
- A Bill containing only provision dealing with the imposition, abolition, remission, alteration or regulation of any tax
- A Bill providing for the imposition of fines or other pecuniary penalties
- A Bill containing only provision dealing with the custody of the Consolidated Fund or the Contingency Fund of India
- A Bill containing only provision dealing with the appropriation of moneys out of the Consolidated Fund of India.
14. Which Article of the Constitution makes common law of England applicable in India?
- Article 368
- Article 372A
- Article 372
- Article 360.
15. While a proclamation of emergency is in operation, the duration of Parliament may be extended beyond five years by Parliament for a period not exceeding:
- Six months at a time
- Nine months at a time
- One year at a time
- Two years at a time.
16. Write the correct order of the words as used in the Preamble of the Constitution:
- Sovereign, socialist, secular, democratic, republic
- Sovereign, secular, socialist, democratic, republic
- Socialist, sovereign, secular, democratic, republic
- Socialist, secular, sovereign, democratic, republic.
17. Which of the following statements is incorrect?
- There shall be a Governor for each State
- There can be a Governor for to or more States
- The same person can be the Governor of two or more States
- The Governor shall hold office during the pleasure of the President.
18. Whom shall the reports of the Comptroller and Auditor-General of India relating to the accounts of the Union be submitted?
- President of India
- Prime Minister of India
- Lok Sabha
- Rajya Sabha.
19. The Comptroller and Auditor-General of India may be removed from the office in the like manner and on the like grounds as a:
- Judge of High Court
- Judge of Supreme Court
- President of India
- Chief Election Commissioner.
20. Which Article confers advisory or consultative jurisdiction on Supreme Court?
- Article 131
- Article 140
- Article 142
- Article 143.
21. Which one of the following is not an essential condition for the appointment of a Judge of Supreme Court in India?
- A citizen of India, who has been for at least 5 years a Judge of High Court
- A citizen of India, who has been for at least 2 years a Chief Justice of High Court
- A citizen of India, who has been for at least 10 years an advocate of High Court
- A citizen of India, who is in the opinion of the President, a distinguished jurist.
22. Which one of the following is correct for the appointment of Attorney-General of India as per Article 76 of the Constitution?
- A citizen of India, who has been for at least 15 years an advocate of Supreme Court
- A citizen of India, who is qualified to be appointed as a Judge of the High Court
- A citizen of India, who has been for at least 7 years an advocate of High Court or Supreme Court
- A citizen of India, who is qualified to be appointed as a Judge of the Supreme Court.
23. Who will inquire into and decide doubts and disputes arising out of or in connection with the election of a President or Vice-President?
- Supreme Court
- Election Commission
- Any High Court.
24. Which of the following is incorrect?
- The Vice-President of India shall be ex officio Chairman of the Council of States
- The Vice-President of India shall not hold any other office of profit
- When the Vice-President acts as President or discharges the functions of the President, he shall not perform the duties of the office of Chairman of the Council of States
- The Vice-President of India shall continue to receive any salary or allowance payable to the Chairman of Council of States even when he acts as President or discharges the functions of the President.
25. Which of the following is incorrect for fundamental duties as laid down in Article 51A?
- Fundamental duties are self-executing
- Fundamental duties are not self executing
- The State must make laws for the implementation of fundamental duties
- Mandamus cannot be sought against an individual who does not observe his fundamental duties.
26. In which of the following cases, the Supreme Court described Indian Constitution as “not truly Federal”?
- The State of West Bengal v. Union of India
- State of Bihar v. Shailbala Devi
- Kameshwar Singh v. State of Bihar
- K. Ghose v. E.X. Joseph.
27. Judicial Review in Indian Constitution is based on:
- Due process of law
- Rule of law
- Procedure established by law.
28. A law made by Parliament having extra territorial operation shall:
- be deemed invalid
- not be deemed invalid
- be deemed unconstitutional
- be deemed ultra vires.
29. Which of the following fundamental rights was described by B.R. Ambedkar as the “heart and soul of the Constitution”?
- Right to constitutional remedies
- Right of freedom and speech
- Right to life and liberty
- Right to religion.
30. Writ which can be issued only against the judicial or quasi-judicial authorities is known as:
- Quo Warranto
31. A law abridging fundamental rights is not a nullity. It only remains inoperative till the shadow of fundamental rights falls over it. This doctrine is known as:
- Doctrine of pith and substance
- Doctrine of eclipse
- Doctrine of severability
- Doctrine of pleasure.
32. How many members can be nominated by President of India?
- 10 members to Lok Sabha
- 10 members to Rajya Sabha
- 12 members to Rajya Sabha
- l/4th of the members to Rajya Sabha.
33. Whom does the UPSC submit its annual report on its work to?
- President of India
- Council of Ministers
- Union Home Minister.
34. The Pure Theory of Law is:
- A theory of positive law in general
- A rule of interpretation of specific legal norms
- A combination of the science and philosophy of law
- All of the above.
35. According to Prof. Rawl the first priority rule is the:
- Priority of liberty
- Priority of welfare
- Priority of justice
- Priority of efficiency.
36. The Theory of Social Engineering was propounded by:
- Rudolph Stammler
- Ronald Dworkin
- None of the above.
37. According to Prof. HLA Hart, the primary rules of obligation must be supplemented with these three secondary rules:
- Rules of recognition, change and adjudication
- Rules of liberty, welfare and recognition
- Rules of equality, liberty and recognition
- None of the above.
38. In the Hohfeldian scheme of things, the jural opposite of duty is:
39. The basic hypothesis given by Kelsen is:
- Hedonistic Calculus
- Rule of Recognition.
40. A distinction between static and progressive societies was drawn by:
41. The idea of social contract was conceived of by Rousseau as being:
- Contracts as per the law
- Sovereignty of the law
- Law being a combination of rules
- Exercise of general will of the people.
42. Hart was critical of Austin’s theory. The book written by him which highlights the shortcomings of Austin’s theory has been titled:
- Law and Sovereignty
- The Concept of Law
- Law and Legitimacy
- Positive Law Defined.
43. Who among the following was an exponent of natural law with a variable content?
- Jerome Hall
- Clarence Morris
- John Rawls.
44. Which of the following is a formulation of the Historical School?
- Law like language has a spontaneous nature of growth
- Law has a national character
- Law is found not made
- All of the above.
45. Austin defined the positive mark of sovereignty as:
- Command of the sovereign
- The society follows positive law
- The generality of society must be in the habit of obedience to a common and determinate superior
- A determinate or common superior must not be habitually obedient to any determinate person or body.
46. Which historical jurist is known as social Darwinist for his comparative research on evolution and development of law and legal systems?
47. Who said “Law may be defined as an assemblage of signs, declarative of a volition conceived or adopted by the sovereign in a state”?
48. The Obiter in a case has the following significance for future decisions:
- Decisive value
- Persuasive value
- Academic value
- No value at all.
49. The terms Culpalata and Culpalevis mean:
- Gross negligence and slight negligence
- Culpable and non-culpable
- Cognizable and non-cognizable
- Civil liability and criminal liability.
50. Negligence is not a particular state of mind but is a particular kind of conduct. This is known as:
- Subjective theory of negligence
- Objective theory of negligence
- Inadvertent negligence
- None of the above.
51. Corpus possessions and Animus Possidendi signify:
- The physical and mental aspects of possession
- Mediate and immediate possession
- Possession-in-fact and possession-in-law
- Constructive possession and acquired possession.
52. If a norm is for long disregarded in practice then courts no longer follow it in deciding cases. Such a state of disuse of norm is known as:
- Effective repeal
- Satie nature
53. The term Grundnorm means:
- Popular will
- General consciousness
- Basic norm
- Dynamics of a norm.
54. The Province of Jurisprudence Determined is a classic work on Jurisprudence by:
- John Austin
- HLA Hart
- Hans Kelsen
- Hugo Grotius.
55. ‘Nature of Judicial Process’ is a famous work of a judge of the U.S. Supreme Court who viewed law in its sociological perspective. The name of that judge is:
- Benjamin Cardozo
- Ronald Dworkin
- Oliver Wendall Holmes
- J. Fitzgerald.
56. Ownership is a right indefinite in point of user, unrestricted in point of disposition and unlimited in point of duration. The above definition of the term ownership was given by:
57. As per Indian law the time period required to acquire title by adverse possession is:
- 14 years
- 12 years
- 15 years
- 13 years.
58. Which of the following are not jural correlatives?
- Power and immunity
- Right and duty
- Power and liability
- Immunity and disability.
59. Who was of the opinion that right was a capacity of a person of controlling the actions of others with the assent and assistance of the State?
- Karl Marx.
60. Who propounded the theory of social contract?
61. Which of the following is a correct match?
- Arvid Pardo – Common Heritage of Mankind
- Hugo Grotius – Mare Clausem
- Hans Kelsen – The Province of Jurisprudence Determined
- Fitzmaurice – Monism.
62. The Agreement relating to the Implementation of ………………………. of the U.K. Convention on the Law of the Sea of 1982 was adopted in 1994.
- Part XII
- Part X
- Part VIII
- Part XI.
63. In which of the following cases, prescription was applied as a general principle of law recognized by civilized nations?
- Chorzow Factory case, 1927
- Island of Palmas case, 1928
- Eastern Carelia case, 1923
- Corfu Channel case.
64. In which of the following Cases/Advisory Opinions, it was stated that General Assembly resolutions even if not binding, may have normative value. Contents and conditions of their adoption are important.
- Advisory Opinion on Namibia
- South West Africa Voting Procedure case 1955
- Advisory Opinion on Legality of the Threat or Use of Nuclear Weapons
- Western Sahara case.
65. Which of the following is an incorrect match?
- Triepel – Dualism
- Vattel – Positivist
- Hugo Grotius – Naturalist
- Kelsen – Monism.
66. Which of the following is not a form of reparation for the injury caused by internationally wrongful act in the ILC Draft Code on Responsibility of States for Internationally Wrongful Acts of 2001?
67. Which of the following is not covered in the category of the classification made by Austin?
- International Law
- Divine law
- Positive law
- Positive morality.
68. Who made the statement that the obligatory force of international law stems from the Vereinbarung, or agreement of states to become bound by common consent; this agreement is an expression of a ‘common will’ of states, and states cannot unilaterally withdraw consent.
69. What is Blackstonian doctrine?
- Customary international law is a part of common law
- Customary international law is a part of civil law
- Customary international law becomes part of the law of land with qualifications and exceptions
- Since international law and municipal laws are different, customary international law can never become part of the law of the land, unless specifically adopted into the municipal legal system.
70. According to Article 38(2) of Statute of International Court of Justice, the ICJ may decide a case:
- in accordance with a treaty
- in accordance with a custom, if there is no treaty dealing with the issue in question
- in accordance with judicial precedent
- ex aequo et bono.
71. “Which of the following is incorrect? According to U.N. Convention on Law of the Sea, the Contiguous Zone is established to exercise the control necessary to prevent and punish infringement of coastal state’s laws relating to:”
72. In which of the following cases, the International Court of Justice recognized the right of innocent passage?
- North Sea Continental Shelf cases, 1969
- Corfu Channel case, 1949
- Anglo-Norwegian Fisheries case, 1951
- Libya Arab Jamahiriya v. Malta, 1985.
73. Which of the following exploit mining site of the seabed?
74. Which of the following statements is correct about “Equidistance-Special circumstances” rule of Geneva Convention on Continental Shelf, 1958?
- It is a customary law
- It is not a customary law
- Although it is not a customary law the States delimit their continental shelves in accordance with this rule only
- It is also repeated in the U.N. Convention on Law of the Sea, 1982.
75. The outer limit of the continental shelf shall not exceed in any case beyond:
- 500 nautical miles
- 350 nautical miles
- 200 nautical miles or 100 nautical miles from 2500 meter isobaths
- 350 nautical miles or 100 nautical miles from 2500 meter isobaths.
76. Disputes arising out of contract shall be referred to municipal courts of State which grants concession. This is known as:
- Incorporation rule
- Blackstonian doctrine
- Rule of exhaustion of local remedies
- Calvo Clause.
77. Which of the following statements is correct about the European Commission of Human Rights?
- It has been abolished
- Its role has been restricted
- It is fact-finding and investigating agency under the European Convention on Human Rights
- It enables the individuals to file their cases before the European Court of Human Rights, if it finds that their human rights have been violated by their governments.
78. The Lotus case was decided primarily on the basis of:
- Customary law
- General Principles of Law recognized by Civilized Nations
- Judicial precedents.
79. Which of the following is not related to the relationship between international law and municipal law?
- Enabling Rule
- Transformation Rule
- Delegation Theory
- Specific Adoption Theory.
80. In Union of India v. Sukumar Sengupta, AIR 1990 SC 1692, the Supreme Court stated that Agreements of 1974 and 1982 between India and Bangladesh concerning Teen Bigha:
- required an enabling Act of Parliament for their implementation
- did not require a legislative action
- required constitutional amendment for their implementation
- could not be implemented as it amounted to cession of Indian territory in favour of Bangladesh.
81. Which propounded the absolute liability theory as the basis for liability in tort for the industrial injuries?
- Blackburn, J.
- R. Krishna Kyer, J.
- Lord Atkin
- N. Bhagwati, C.J.
82. The word “nuisance” is derived from:
- Latin word “nouise”
- Greek word “neazie”
- Roman word “naisan”
- French word “nuire”.
83. Mistake is a good defence for the tort of:
- Malicious prosecution.
84. While D was on a drive in his two 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?
- Contributory negligence
- Inevitable accident
- Vis major
- No defence is available as D was negligent.
85. In which of the following cases it is actionable defamation?
- D addresses a defamatory letter to P, but it falls in the hands of her neighbour Z, who reads it
- D dictates a defamatory letter about P to his stenographer
- A defamatory letter addressed to P is read by her servant
- D addresses a defamatory letter to P. P’s father reads it.
86. In an action for defamation, in which of the following cases, the defence of absolute privilege is not available?
- Statement made on a privileged occasion in the discharge of official duty, which is a report of parliamentary proceedings
- Statement made by a Member of Lok Sabha in the Parliament
- Statement made by a witness in the course of judicial proceedings
- In all the above cases defence of absolute privilege is available.
87. In which of the following cases, Lord Wilberforce opined that “it is necessary to consider three 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”?
- McLoughlin v. O’Brien, (1983) 1 AC 410
- Hambrook v. Stokes Brothers, (1925) 1 KB 141
- Alcock v. Chief Constable of South Yorkshire Police, (1991) 4 All ER 907
- Page v. Smith, (1995) 2 All ER 736.
88. Which of the following statements is incorrect?
- Nervous shock is nothing but a kind of physical injury
- Nervous shock must have been due to fear of immediate personal injury to oneself
- Nervous shock by seeing danger to the property is not actionable
- All of the above statements are correct.
89. What does maxim Novus actus interveniens mean?
- The defendants wrongful act is real and effective cause of injury to the plaintiff
- Injury to the plaintiff happens because of act of third party between the wrongful act of the defendant and injury to the plaintiff
- Injury to the plaintiff happens because of his own wrongful act
- Injury to the plaintiff happens because of inevitable accident.
90. In which of the following cases the court stated that in modern sense the distinction between sovereign and non sovereign powers does not exist?
- Shyam Sunder v. State of Rajasthan, AIR 1974 SC 890
- Chairman, Railway Board v. Chandrima Das, (2000) 2 SCC 465
- Nagendra Rao and Co. v. State of Andhra Pradesh, (1994) 6 SCC 205
- State of Gujarat v. Memon Mohd, AIR 1967 SC 1885.
91. Who is the proponent of “pigeon-hole” theory?
92. Which of the following statements is incorrect?
- Under English criminal law slander has not been recognized as a criminal offence
- In England under law of torts, both slander and libel are actionable per se, i.e., without the proof of any damage
- In India under law of torts, both slander and libel are actionable per se, i.e., without the proof of any damage
- Under Indian criminal law, both libel and slander are recognized as criminal offences.
93. For the purpose of “the scienter rule”, animals mansuetae naturae means:
- Animals harmless by nature
- Animals dangerous by nature
- Wild animals
- Endangered animals.
94. Who propounded the objective theory of negligence?
95 Which of the following cases is an authority on “rescue cases” – an exception to maxim volenti non-fit injuria?
- Haynes v. Harwood, (1935) 1 KB 146
- Dann v. Hamilton, (1939) 1 KB 509
- Smith v. Baker, (1891) AC 325
- Baker v. Hopkins and Son, (1959) 1 WLR 966.
96. Which of the following is breach of absolute right, actionable per se?
- None of the above.
97. P, while travelling as a passenger was injured on account of negligence of the railways. An action lies:
- Only for breach of contract of safe carriage
- Only for the tort of negligence
- For both, i.e., breach of contract and commission of tort
- P must exercise an option to sue either in tort or for breach of contract.
98. What does the maxim “de minimis non-curat lex” mean?
- Law takes into account every matter
- Law does not take notice of trifles
- Law notices only important points
- Law takes into account common sense.
99. The term “Tort” has been derived from ‘tortum’, which means:
100. In tort, there is a claim for:
- Unliquidated damages
- Judicial reference
- Liquidated damages
- Rights and duties.
101. A covenant not to sue one of the joint tort feasors has the effect of:
- Releasing all the tortfeasors
- Releasing only that joint tortfeasor and not others
- Not releasing even the joint tortfeasors to whom the covenant relates
- Such a covenant is invalid and cannot be enforced.
102. Mental condition of the wrongdoer at the time of wrong doing is:
- Relevant in torts based on fault
- Relevant in all torts
- Relevant in torts based on strict liability
- Not relevant in tortious liability.
103. Which of the following enactments provides for grounds of divorce available to wife only?
- Dissolution of Muslim Marriages Act, 1939
- Hindu Marriage Act, 1955
- Special Marriage Act, 1954
- None of the above.
104. 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?
- Danial Latifi case
- Masroor Ahmed case
- Shamim Ara case
- Noor Saba Khatoon case.
105. The Muslim Women (Protection of Rights on Divorce) Act, 1986 deals with:
- Maintenance rights of divorced Muslim women
- Maintenance rights of Muslim women who have been divorced by their husband by pronouncement of talaq
- Maintenance of rights of Muslim women who have sought divorce from their husbands
- Rights of Muslim women to seek divorce.
106. A Sunni Muslim husband marries his wife’s sister. The marriage is:
107. Which one of the following is not a ground of divorce provided by Dissolution of Muslim Marriages Act, 1939?
- Where about of husband not known for a period of four years
- Failure of husband to provide maintenance for 2 years
- Imprisonment of husband for a period of 7 years
- Conversion of husband to some other faith.
108. Which one of the following is not a form of divorce in Muslim Law?
109. The iddat period of a divorced Muslim women who was pregnant at the time of her divorce is:
- three menstrual courses after the date of divorce
- three lunar months after her divorce
- period between the divorce and the delivery of her child or the termination of her pregnancy, whichever is earlier
- period between the divorce and the delivery of her child or the termination of her pregnancy, whichever is later.
110. Which one of the following grounds is not available to Hindu and Muslim wives (both) to claim divorce?
- Husband renounced the world by entering any religious order
- Where about of the husband not known
- Cruelty by husband
- Option of puberty.
111. Divorce by mutual consent in Muslim Law is called:
112. A born Muslim girl brought up in a Hindu orphanage married a Hindu boy as per Shastric rites. The marriage is:
- Voidable at the option of the girl
- Voidable at the option of the boy.
113. In which of the following cases the Supreme Court has directed the States and the Central Government to make provisions for compulsory registration of all marriages in India?
- Sameer Ghosh v. Jaya Ghosh
- Neelu Kohli v. Naveen Kohli
- Seema v. Ashwani Kumar
- Shamim Ara v. State of Uttar Pradesh.
114. A Hindu boy was given in adoption by his parents. Later, he marries his biological father’s brother’s daughter. The marriage is:
- valid, as now he does not belong to this family
- void, as she is her paternal cousin
- void, unless protected by custom or usage.
115. Which one of the following girls is not a sapinda to a Hindu boy?
- Maternal grandfather’s brother’s daughter
- Maternal uncle son’s daughter
- Paternal grandfather’s brother’s son’s daughter
- Paternal great grandfather’s brother’s son’s son’s daughter.
116. A sikh solemnized his marriage to a Buddhist girl as per Hindu rites and ceremonies. The marriage is:
- voidable at the option of boy
- voidable at the opinion of girl.
117. If there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year after the passing of a decree for restitution of conjugal rights in proceedings to which they were parties, the marriage:
- automatically comes to an end
- can be dissolved on a petition for divorce by the original petitioner only
- can be dissolved on a petition for divorce by the innocent party only
- can be dissolved on a petition for divorce by either party.
118. The Hindu wife was at the time of marriage pregnant by some person other than the husband. The marriage is:
- voidable at the option of the husband
- voidable at the option of wife.
119. International Criminal Court is situated at:
- New York
- The Hague
- None of the above.
120. Children of a sister and a brother can validly marry under which of the following laws:
- Christian Law
- Hindu Law
- Muslim Law
- None of the above.
121. A married Muslim man changed his religion and became a Hindu. After one month, he got married to a Hindu girl. This marriage is:
- valid as it was contracted after conversion which results in automatic dissolution of Muslim Marriage
- valid as the Hindu husband cannot live with Muslim wife
- void as he was already married
- void as it was contracted without the consent of the first wife.
122. A Hindu wife seeks a decree of judicial separation from her Hindu husband. After one year she married again. The marriage is:
123. Under the Hindu Marriage Act, 1955, conversion of a spouse to any other religion would:
- result in instantaneous divorce
- have no effect on the marriage
- give rise to a cause in favour of the other spouse for filing a petition for divorce
- give rise to a cause in favour of convert spouse to claim divorce.
124. Marriage of a Hindu male to his wife’s mother is:
- void unless protected by custom or usage.
125. A Hindu marriage is valid even though:
- Consent of the parties to the marriage was not taken
- Solemnized during the subsistence of earlier marriage
- Parties to the marriage are sapindas to each other
- Parties to the marriage are within the degrees of prohibited relationship.
126. A child of a Hindu Marriage which is null and void or which is annulled by a decree of nullity has the right to inherit the property of:
- Father only
- Mother only
- Neither Father nor mother
- Father and mother both.
127. While determining damages which of the following is taken into account?
- Inconvenience caused by non performance
- Motive of breach
- Manner of breach
- All the above.
128. Duty to mitigate damages on the part of injured party arises:
- In cases of breach at the time fixed for performance of the contract
- In cases of anticipatory breach
- Both (A) and (B)
- Either (A) or (B).
129. Amar enters into a contract with Suresh for which Suresh is guilty of fraud. Amar can:
- Recover damages for actual loss suffered
- Set aside the contract and recover damages
- Set aside the contract but cannot recover damages
- Recover damages but cannot set aside the contract.
130. In a contract consideration could be supplied by:
- Only the promisee
- Even the promisor
- Only by parties to contract
- Even strangers to contract.
131. Under the Indian Contract Act a minor’s agreement has the same consequence as:
- A drunkard’s agreement
- A fraudster’s agreement
- A monk’s agreement
- A mistaken agreement.
132. The leading case of Carlill v. Carbolic Smoke Ball Co. is related to:
- General offer
- Counter offer
- Invitation to offer
- Lapsed offer.
133. The remedies for breach of contract are:
- Punitive damages
- Nominal damages
- Compensatory damages
- Exemplary damages.
134. Specific performance as a remedy for breach of contract exists in:
- Section 73 of the Indian Contract Act
- Section 74 of the Indian Contract Act
- Section 10 of the Indian Contract Act
- The Specific Relief Act.
135. The doctrine of privity of contract means that:
- A contract is a private affair between the parties
- Consideration can be supplied only by the parties to contract
- The contract can be enforced only by a civil and private action
- Only parties to contract can sue and be sued upon the contract.
136. Quid pro quo means:
- Something in return
- Adequacy of consideration
- Sufficiency of consideration
- Value of promise.
137. Quasi contracts are the situations where:
- Law creates obligations for a non contracting party
- Law creates obligations for breach of contract
- Law creates obligations for contingent contracts
- Law creates obligations for mistakes of fact.
138. A sells, by auction, to B, a horse which A knows to be unsound. Which one of the following situations amounts to fraud:
- A remains silent and says nothing to B about the horse’s unsoundness
- B is A’s daughter and has just come of age and A remains silent and says nothing to B about the horse’s unsoundness
- B says to A – “If you do not deny it, I shall assume that the horse is sound.” A says to B “This contract is an ‘as is’ contract. You may bring in your expert to examine the horse.”
- A has private information of a change in prices of horses in the market which, if told to B, would affect B’s willingness to proceed with the contract. A remains silent.
139. Which of the following does not vitiate free consent under the provisions of Contract Act?
- Mistake of law in force in India
- Misrepresentation by mistake
- Mistake of fact by parties to the contract
- Undue influence.
140. Hadley v. Baxendale, (1854) 9 Exch 34 deals with:
- Remoteness of damages
- Breach of an implied term
- Payment of penalty stipulated in the contract
- Anticipatory breach of contract.
141. Who is called a “promisee” according to the Contract Act?
- A person to whom a proposal is made
- A person accepting the proposal
- A person furnishing the consideration for the promise
- A person to whom a promise is made.
142. A wagering agreement is:
- Voidable and enforceable
- Void and not enforceable
- Valid but not enforceable.
143. What among the following is known for change of the nature of the obligation in a contract?
144. Which of the following statements is correct?
- Stranger to consideration will be a stranger to contract
- Stranger to consideration has no right
- Stranger to contract can enforce promise
- Stranger to consideration can enforce a promise.
145. If the compensation to be paid on breach of contract is the genuine pre-estimate of the prospective damages, it is known as:
- Special damages
- Unliquidated damages
- Liquidated damages.
146. Reciprocal promises provide for doing certain things which are legal and certain others which are illegal, under section 57:
- the first set is valid but the second set is void
- the first set is voidable but the second set is void
- the entire set of promises is void
- the entire set of promises is valid.
147. A contract not specifying the place of performance:
- Can be performed at any place to the knowledge of the promisee
- The promisor need not seek any instruction from the promisee as to the place of performance
- The promisor has to apply to the promisee for appointment of a place of performance and perform the promise at that place
- The promisor can perform the promise at a place other than the place appointed by the promise.
148. What is a reasonable time for the performance of a contract?
- It is a question of law
- It is a question of fact
- It is a question of prudence
- It is a mixed question of fact and law.
149. If the time of performance of the contract is the essence of the contract and the promisor fails to perform the contract by the specified time:
- the contract becomes void and is unenforceable
- the contract remains valid and is enforceable
- the contract becomes voidable at the instance of the promisee
- the contract though valid becomes unenforceable.
150. In determining the question of …………………………….. inadequacy of consideration is relevant.
- Undue influence
- Free consent.
151. McNaughtans principles are with respect to:
- Private defence
- Mens rea
- Strict liability.
152. Which of the following is not defamation?
- An Imputation which indirectly affects a person’s reputation
153. Who was the chairman of the first law commission and drafted the Indian Penal Code?
- Lord Mountbatten
- Lord Mayo
- Lord Macaulay
- Lord Cornwallis.
154. Which of the following types of insanity is recognised as a defence under the IPC?
- Impulsive insanity
- Legal insanity
- Medical insanity
- All of the above.
155. A person may voluntarily cause the death of an assailant in the exercise of right of private defence to protect himself against an assault done with the intention of:
- Causing death
- Committing rape
- Causing grievous hurt
- All of the above.
156. Under the scheme of Cr.P.C. offences have been classified into bailable and non- bailable, cognizable and non cognizable under:
- The first schedule
- The second schedule
- Section 320
- Section 300.
157. Section 2(x) of the Cr.P.C defines warrant cases as those punishable with imprisonment for a term exceeding:
- Two years
- Three years
- Five years
- Ten years.
158. Under section 125 of the Cr.P.C a person cannot be asked to maintain the following:
- His wife who has obtained divorce from him
- His minor illegitimate children
- His siblings
- His parents.
159. Offences other than those mentioned under section 320 of the Cr. P.C are:
- Compoundable with the consent of the victim
- Compoundable but only with express permission of the court
- Compoundable only by the High Court
- Not Compoundable.
160. In which provision of the Cr.P.C, the principle of ‘autrefois acquit and autrefois convict’ is contained?
- Section 144
- Section 165
- Section 300
- Section 302.
161. Under section 125 of the Cr.P.C. the maximum amount of maintenance payable per month is:
- There is no prescribed limit.
162. Sections 219, 220 and 221 of the Cr.P.C lay down provisions regarding:
- Joint trial of offenders
- Joinder of charges
- Framing of charges
163. In taking and recording evidence the language of every Court within the State other than the High Court shall be:
- Determined by the respective State Government
- Hindi or English.
164. Which of the following is true regarding section 34 of the IPC?
- It creates a substantive offence
- It lays down a rule of procedure
- It is a rule of evidence
- None of the above.
165. Under section 98 of the IPC a person can claim right of private defence against:
- A child below 7 years of age
- A person of unsound mind
- One who is acting under a mistake of fact
- All of the above.
166. Gian Kaur v. State of Punjab, JT 1996 (3) SC 339 is a famous case relating to:
- Dowry Death
- Cruelty by husband or relatives or husband
- Attempt to commit suicide
167. Following is not an exception given under section 300 of the IPC:
- Exceeding lawful right of private defence
- Sudden fight
- Grave and sudden provocation
168. The term Dishonestly under IPC has been defined as doing something:
- With intention of causing wrongful gain to one person or wrongful loss to another
- With intent to defraud
- Without due care and caution
- Which is an illegal act or omission.
169. What amounts to grave and sudden provocation in a given case is:
- A question of law
- A question of fact
- A mixed question of fact and law
- All of the above.
170. Immovable property can be the subject matter of:
- Dishonest misappropriation of property.
171. Which of the following has not been designated as grievous hurt under section 320 of the IPC?
- Dislocation of a tooth
- Temporary loss of hearing capacity
- Temporary privation of any member or joint.
172. Minimum of five persons are not required to:
- Constitute an unlawful assembly
- Commit dacoity
- Commit affray
- None of the above is correct.
173. In criminal trials whenever the accused seeks the benefit of any exception the onus is on him to prove the applicability of such exception:
- Beyond reasonable doubt
- On a preponderance of probabilities
- To the satisfaction of the judge
- All of the above.
174. The right of private defence is based on the natural instinct of:
175. The right of private defence is:
- Not a right of defence but of retribution
- A right of defence but not a right of retribution
- A right of defence as well as a light of retribution
- Is neither a right of defence nor a right of retribution.