DU LLM 2013 Solved Paper | DU LLM Entrance Solved Papers PDF

By | September 23, 2021
DU LLM Entrance Solved Papers

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DU LLM QUESTION PAPER 2013 | Click Here to Download PDF

DU LLM QUESTION PAPER, 2013

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

1. Right in re aliena means a right over:

  1. His own property
  2. A property of someone else
  3. A property situated in a foreign country
  4. A property situated in one’s own country.

Answer: (b)

2. The cancellation of the driving license of a person is an example of:

  1. reformative theory
  2. expiatory theory
  3. preventive theory
  4. deterrent theory.

Answer: (b)

3. Who is regarded as the spiritual father of Realist School of legal thought?

  1. Gray
  2. Holmes
  3. Ehrlich
  4. Kohler.

Answer: (b)

4. According to Austin, law improperly so-called includes:

  1. laws of analogy
  2. laws by metaphor
  3. laws by fashion
  4. All of the above.

Answer: (d)

5. The concept of “Living Law” was expounded by:

  1. Sinibald
  2. Ehrlich
  3. Holland
  4. Locke.

Answer: (b)

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6. Possession is prima facie evidence of title of ownership. Hence:

  1. Long adverse possession confers title even to a property that originally belonged to another
  2. Long adverse possession does not confer title to the property which originally belonged to another
  3. In all cases possession leads to ownership
  4. Transfer of possession is not a mode of transferring ownership.

Answer: (a)

7. “Consider the following four types of legal doctrine:

I. Volksgeist

II. Imperative theory of law

III. Social engineering

IV. Social solidarity

Identify the correct order in terms of time of their appearance:”

  1. I, II, III and IV
  2. II, I, IV and III
  3. III, IV, I and II
  4. II, I, 111 and IV.

Answer: (b)

8. Res nullius rule implies?

  1. A right of easement acquired after a passage of time prescribed by law
  2. Owner of a tree has the right to the fruits of the tree
  3. Where there is extinction of previous ownership by an independent adverse act of
  4. For a previously ownerless object, who took it first became the owner acquire.

Answer: (d)

9. Ownership which is imperfect but capable of being made perfect on fulfilment of some condition is:

  1. Vested ownership
  2. Trust ownership
  3. Equitable ownership
  4. Contingent ownership.

Answer: (d)

10. Which of the following is not a theory relating to corporate personality?

  1. Fiction Theory
  2. Function Theory
  3. Realistic Theory
  4. Purpose Theory.

Answer: (b)

11. Savigny wrote his essay “Vom Beruf” as a reaction to:

  1. King’s proposal of introducing British Common Law in Germany
  2. Parliament’s proposal to introduce Roman Law in Germany
  3. Thibaut’s proposal for legal unification of Germany based on natural law philosophy
  4. Parliament’s proposal of nationalization of all German industries.

Answer: (c)

12. “Match the following jural correlatives:

List I

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

List II

  1. No claim
  2. Disability
  3. Duty
  4. Liability

Codes:”

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

Answer: (b)

13. Which theory of punishment was recognized by Manu?

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

Answer: (d)

14. Dias describes power coupled with a duty to exercise it as:

  1. Discretionary power
  2. Administrative power
  3. Ministerial power
  4. Rightful power.

Answer: (c)

15. According to the anthropological approach to law, the XII Tables in Rome may be considered as an example of:

  1. Published law
  2. Divine inspiration
  3. Personal Command
  4. Oligarchic monopoly.

Answer: (a)

16. Who among the following criticized Savigny for his juristic pessimism?

  1. Hart
  2. Salmond
  3. Pound
  4. Maine.

Answer: (c)

17. Law is uncertain and certainty of law is a legal myth. This is the statement of:

  1. Holmes
  2. Jerome Frank
  3. Mill
  4. Llewellyn.

Answer: (b)

18. Jervis, C.J. in Abby v. dale (1851) stated: “If the precise words used are plain and unambiguous, in our judgment, we are bound to construe them in their ordinary sense, even though it does lead, in our view of the case, to an absurdity or manifest injustice”. Which of the following rule of interpretation is best summed up in this passage?

  1. Golden Rule
  2. Mischief Rule
  3. Literal Rule
  4. Absurdity Rule.

Answer: (c)

19. Austin’s analytical school was called imperative school by:

  1. Salmond
  2. Allen
  3. Bentham
  4. Gray.

Answer: (d)

20. The statement “Some of the puzzles connected with the idea of legal validity are said to concern the relation between the validity and efficacy of law” is attributed to:

  1. Kelsen
  2. Hart
  3. Hugo
  4. Grotius.

Answer: (d)

21. “Directions: Following questions consists of two statements, one labelled as the Assertion (A) and the other as Reason (R). Examine these two statements carefully and select the correct answer.

Assertion(A): Precedent is like gold in a mine.

Reason(R): It has to be searched in law reports.”

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

22. Assertion(A): A legal right is essential to constitute a right.

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

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

23. Secretary-General of the United Nations is appointed by the:

  1. General Assembly
  2. Security Council
  3. General Assembly on the recommendation of the Security Council
  4. Secretariat.

Answer: (c)

24. Which one of the following pairs is correctly matched:

  1. Custom: Source of International Law and Municipal Law
  2. Conventions: Source of Municipal Law
  3. Constitution: Source of International Law and Municipal Law
  4. Usage and Legislation: Source of International Law.

Answer: (a)

25. Who was the first Secretary-General of the United Nations?

  1. Kurt Waldheim
  2. Thant
  3. Trigve Li
  4. None of the above.

Answer: (c)

26. The Temple of Preah Vihear case was a dispute between:

  1. Thailand and France
  2. Cambodia and France
  3. Thailand and Vietnam
  4. None of the above.

Answer: (d)

27. Which of the following is not a specialized Agency of the United Nations?

  1. International Bank for Reconstruction and Development
  2. Food and Agricultural Organisation
  3. N. Human Rights Commission
  4. International Labour Organisation.

Answer: (c)

28. Custom and usage are:

  1. Custom represents the twilight stage of usage
  2. Synonyms
  3. Usage represents the twilight stage of custom
  4. They are antonyms.

Answer: (c)

29. ‘Jus Cogens’ means:

  1. Peremptory norm of general Internal Law from which no derogation is permissible
  2. Rules of ancient customary International Law which are rendered redundant in modern time
  3. Abrogation of a rule in a treaty by a subsequent treaty
  4. Rules that emanate from cogency between states.

Answer: (a)

30. If a new peremptory norm emerges and the treaty is in conflict with that norm:

  1. the treaty terminates
  2. the treaty does not terminate
  3. the treaty remains suspended
  4. none of the above.

Answer: (a)

31. What is the meaning of pacta tertiis nec nocent nec prosunt?

  1. States must fulfil their treaty obligations under a treaty in good faith
  2. Treaties neither impose obligations nor confer rights on third parties
  3. Treaties may confer rights on third states
  4. Non-parties may accede to a treaty.

Answer: (b)

32. On which basis the Island of Palmas case was decided?

  1. Estoppel
  2. Res Judicata
  3. Subrogation
  4. Prescription.

Answer: (d)

33. What is the status of European Commission of Human Rights at present?

  1. It has been abolished and does not exist
  2. It exists and has investigative powers
  3. It exists but its working has been suspended at present
  4. It exists but has no power to investigate.

Answer: (a)

34. In which of the following cases the principles laid down by International Court of Justice became conventional law?

  1. Right of Passage case between India and Portugal
  2. Asylum case
  3. Anglo-Norwegian Fisheries Case
  4. Temple of Preah Vihear case.

Answer: (c)

35. Which of the following international instruments provide for the abolition of death penalty?

  1. International Covenant on Civil and Political Rights
  2. First Optional Protocol to International Covenant Civil and Political Rights
  3. Second Optional Protocol to International Covenant on Civil and Political Rights
  4. Optional Protocol to International Covenant on Economic Social and Cultural Rights.

Answer: (c)

36. When did United Nations Convention on Law of the Sea, 1982 come into force?

  1. 1982
  2. 1992
  3. 1996
  4. 1994.

Answer: (d)

37. Which of the following is a natural prolongation of land territory?

  1. Territorial sea
  2. Continental shelf
  3. Exclusive economic zone
  4. Contiguous Zone.

Answer: (b)

38. Which of the following statements is correct?

  1. Indian Maritime Zones Act is not in conformity with UN Convention on Law of the Sea, 1982 with respect to the breadth of territorial waters
  2. Indian Maritime Zones Act is not in conformity with UN Convention on Law of the Sea, 1982 with respect to the breadth of continental shelf
  3. Indian Maritime Zones Act is not in conformity with UN Convention on Law of the Sea, 1982 with respect to the breadth of exclusive economic zone
  4. Indian Maritime Zones Act is not in conformity with UN Convention on Law of the Sea, 1982 with respect to rights in contiguous zone.

Answer: (d)

39. General Assembly Resolutions, even if they are not binding, may sometimes have normative value. They can, in certain circumstances, provide evidence for establishing the existence of a rule or the emergence of opinio juris. To establish whether this is true of a given General Assembly resolution, it is necessary to look at its opinion. This observation was made by ICJ in:

  1. South West African Voting Procedure case
  2. Advisory opinion of ICJ on the legality of the Threat or Use Nuclear Weapons
  3. UN Administrative Tribunal case
  4. Western Sahara case.

Answer: (b)

40. Which of the following is not mentioned as a source of International law under article 38(1) of the Statute of International Court of Justice?

  1. International Customs
  2. International Treaties
  3. General principles of law recognized by civilized nations
  4. Decisions or determination of the organs of international institutions.

Answer: (d)

41. What does the expression ‘ex aequo et bono’ as used under Article 38(2) of the Statute of International Court of Justice signify?

  1. This enables the court to go outside the realm of law for reaching its decision
  2. This binds the court to decide always in accordance with law
  3. This makes possible a decision based upon considerations of fair dealing and good faith
  4. Both (a) & (c).

Answer: (d)

42. Before a usage may be considered as amounting to a customary rule of international law, two tests must be satisfied. These tests relate to the material and the psychological aspects. The psychological aspect is known as:

  1. Pacta Sunt servanda
  2. Opinio juris
  3. Jus cogens
  4. Psycho jus.

Answer: (b)

43. The decisions of International Court of Justice have:

  1. binding force behind them and operate as precedent in disputes between all members of UN
  2. binding force and lay down universal norms of international law from which no derogation is permitted
  3. no binding force except between the parties and in respect of that particular case
  4. no binding force except between the parties and in respect of all cases in future.

Answer: (c)

44. An accused is extradited for a particular crime and the country which gets back the criminal is entitled to prosecute that person only for the crime for which he was extradited. This is known as the:

  1. attendant clause
  2. rule of peculiarity
  3. rule of specialty
  4. rule of specificity.

Answer: (c)

45. What is Blackstonian doctrine?

  1. Customary international law is a part of common law
  2. Customary international law is a part of civil law
  3. Customary international law becomes part of the law of land with qualifications and exceptions
  4. 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.

Answer: (a)

46. The Lotus case was decided primarily on the basis of:

  1. General Principles of Law recognized by Civilized Nations
  2. Customary law
  3. Equity
  4. The Rome Convention.

Answer: (b)

47. A sells, by auction, to B, a horse which A knows to be unsound. Which one of the following situations amounts to fraud:

  1. A remains silent and says nothing to B about the horse’s unsoundness
  2. 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
  3. 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.”
  4. 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.

Answer: (b)

48. A promise made without any intention of performing it amounts to:

  1. Coercion
  2. Undue influence
  3. Fraud
  4. None of the above.

Answer: (c)

49. Consideration for the contract signifies:

  1. equality in contracts
  2. fairness in contract terms
  3. valuation of the contract
  4. the bargain element in a contract.

Answer: (d)

50. Mohori Bibee v. Dharmodas Ghosh was decided by:

  1. Privy Council
  2. House of Lords
  3. Supreme Court of India
  4. Supreme Court of UK.

Answer: (a)

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51. A and B enter into an agreement induced by a mistaken view as to foreign law. The agreement is:

  1. voidable
  2. valid
  3. void
  4. valid in the beginning and void on discovery of mistake.

Answer: (c)

52. “Uncle telegrams to his nephew: If I hear no more about that black horse, I will consider the horse mine @ Rs. 3,00,000. Nephew to his Manager: Do not put that Black horse on auction as it has already been sold to my uncle. The manager diligently obeys the orders. The uncle never comes forward to pay Rs. 3,00,000 and take the black horse. The nephew:”

  1. can recover Rs. 3,00,000 by suing his uncle as there was a valid contract
  2. cannot recover Rs. 3,00,000 through court of law as there was no contract
  3. cannot recover as it was an internal communication between him and his manager
  4. None of the above.

Answer: (b)

53. Who said “Acceptance to an offer is what a lighted matchstick is to a train of gunpowder”?

  1. Sir Fredrick Pollock
  2. Sir William Anson
  3. C. Cheshire
  4. F. Mulla.

Answer: (b)

54. The doctrine of ‘privity of consideration’ means:

  1. Consideration may move from any other person with prior permission of the state
  2. Consideration may move from any other person except the promisee
  3. Consideration may move from the promise or any other person
  4. Consideration must move from the promisee alone.

Answer: (d)

55. In a case in order to realise fine from the son, government attached the property of the father, and the son had to pay up to prevent the sale of the property to a third party. The case comes under:

  1. fraud
  2. coercion
  3. undue influence
  4. mistake.

Answer: (b)

56. “Consider the following statements with regard to “”uberrimae fidei”” and find out which of them is correct:

  1. It falls within a class of cases which require utmost good faith
  2. Every contract is a contract uberrimae feidei
  3. A contract of insurance is an example of uberrimae fidei”
  1. 1, 2 and 3
  2. 1 and 3 only
  3. 2 and 3 only
  4. 1 and 2 only.

Answer: (b)

57. Inadequacy of consideration could be taken into account by the court:

  1. when the proposer expresses his desire to get maximum return for the promise
  2. when fraud is pleaded in the formation of the contract
  3. when the promisor refuses to perform his promise
  4. at the discretion of the court.

Answer: (b)

58. The plaintiff sees defendant’s son falling in a pond. He saves the child. Later on, the defendant promises to pay the plaintiff Rs. 1000 as reward. In this context, which one of the following propositions is correct?

  1. The defendant’s liability to pay Rs. 1000 arises under the theory of quasi-contract
  2. The defendant is not liable to pay Rs. 1000 as promised to the plaintiff
  3. The defendant is liable to pay Rs. 1000 to the plaintiff as the case come under section 25 of the Contract Act
  4. The defendant is liable to pay because the agreement is not “nudum pactum”.

Answer: (c)

59. A standard form of contract is one in which:

  1. the terms and conditions are fixed by the state to which the contracting party belongs
  2. the terms are pre-determined by the custom of trade to which the contracting party belongs
  3. the terms on which mercantile transactions of common occurrence are to be carried out
  4. the terms are fixed by one of the parties in advance and are open to acceptance by anyone.

Answer: (d)

60. A person who finds good belonging to another, and takes them into his custody, is subject to the same responsibility as a/an:

  1. mortgagee
  2. bailee
  3. bailor
  4. owner.

Answer: (b)

61. State of W.B. v. BK Mondal & Sons, AIR 1962 SC 779 is an interpretation of which section of Indian Contract Act:

  1. 69
  2. 70
  3. 71
  4. 72.

Answer: (b)

62. A contracts to act in a theatre for 6 months in consideration of a sum paid in advance by B. On several occasions A is too ill to act.

  1. The contract to act on those occasions becomes void
  2. The contract to act on all occasions becomes void
  3. The contract to act on those occasions becomes voidable
  4. The contract to act on all occasions becomes voidable.

Answer: (a)

63. A and B agree to marry each other. Before the time fixed for marriage, A goes mad.

  1. The contract becomes void
  2. The contract becomes voidable
  3. The contract was void ab initio
  4. None of the above.

Answer: (a)

64. If the parties to a contract agree to substitute a new contract for it, or to rescind or alter it, the original contract:

  1. need not be performed
  2. has to be performed
  3. has to be discharged
  4. none of the above.

Answer: (a)

65. Which of the following does not amount to breach of contract?

  1. Non-performance of obligations
  2. Performance in a manner not in accordance with the contract
  3. Performance at a time not in accordance with the contract
  4. none of the above.

Answer: (d)

66. Which one of the following pairs is correctly matched?

  1. Section 55 – Frustration of contract
  2. Section 56 – Agreement in restraint of marriage
  3. Section 16 – Consent by coercion
  4. Section 29 – Agreements void for uncertainty.

Answer: (d)

67. A counter-offer is:

  1. an invitation to treat
  2. an acceptance of the offer
  3. a rejection of original offer
  4. a bargain.

Answer: (c)

68. Which one of the following promises is enforceable?

  1. A promises to pay Rs. 5000 to B who saved him from drowning
  2. A promises to pay Rs. 5000 to his son
  3. A promises to donate Rs. 5000 to an officer’s club
  4. A promises to pay Rs. 5000 as additional fee to his advocate for winning suit.

Answer: (a)

69. The primary aim of the law of contractual damages is to:

  1. punish the party who has committed the breach of contract
  2. enrich the party who sustained the loss
  3. place the party who sustained the loss in the same position as if the contract has been performed
  4. give some type of compensation.

Answer: (c)

70. Under section 73 of the Indian Contract Act:

  1. special damages cannot be claimed
  2. special damages can be claimed if the party breaking the contract is made known of the special circumstances at any time
  3. special damages can be claimed if the party breaking the contract is made known of the special circumstances at the time of contract
  4. none of the above.

Answer: (c)

71. Effect of frustration of contract is that:

  1. promisor is excused from performance
  2. contract dissolved automatically
  3. Both (a) & (b)
  4. Contract becomes voidable at the option of promisor.

Answer: (c)

72. Unreasonable interference in the use or enjoyment of land resulting in some damage constitute:

  1. Private nuisance
  2. Public nuisance
  3. Trespass to land
  4. Breach of Contract.

Answer: (a)

73. The specialized defences to an action for defamation are:

  1. Truth, absence of motive, fair comment
  2. Truth, statutory authority, fair comment
  3. Justification, fair comment, privileges
  4. Privileges, statutory authority, fair comment.

Answer: (c)

74. A invited his friend B to his house for dinner. While they were having dinner, B made certain unwanted comments about the married sister of A Frustrated A started abusing B and also said that he is a womanizer and a cheat and has misappropriated huge funds of his employer. B sued A for damages of defamation.

  1. A is liable as he made derogatory statements about B
  2. A is liable as he should not have insulted his friend B
  3. A is not liable as he has not communicated these statements to anybody except B
  4. A is not liable as he has made defamatory statements on being provoked by B himself.

Answer: (c)

75. A tort is an infringement of a right in rent of private individual, giving a right of compensation at the suit of injured party. This definition is rendered by:

  1. Salmond
  2. Fraser
  3. Winfield
  4. Pollock.

Answer: (b)

76. A took an electric tandoor from B and Co. on hire. The agreement provided that Co. shall not be liable for any personal injury to the hirer or to any other person while using it. However, due to defect in tandoor, a cook was injured. The cook brought an action against B and Co.

  1. Cook will not succeed as he was not party to contract
  2. Cook cannot succeed as there was an exemption clause in the contract
  3. Cook will succeed
  4. Cook cannot succeed but A can claim damages.

Answer: (c)

77. A lawful act does not become unlawful even if it was done with evil motive. This was held in:

  1. Ashby v. White
  2. Town Area Committee v. Prabhu Dayal
  3. Christie v. Devey
  4. Hollywood Silver Fox Farm Ltd. v. Emmett.

Answer: (b)

78. Railway authorities allowed a train to be overcrowded. In consequence, a legitimate passenger Mr. X got his pocket picked. Choose the most appropriate answer.

  1. X can sue the Railway authorities for the loss suffered
  2. X cannot sue because he had given his consent to travel in an overcrowded train
  3. X cannot sue because there was no infringement of his legal right and mere fact that the loss was caused does not give rise to a cause of action
  4. X cannot sue because Railway authorities are statutory bodies.

Answer: (c)

79. In order to ward off the flow of water into his land from a stream, A dug a trench and put up a bund on his land. As a result, the rainwater now flowed to B’s land and caused damage. B claimed damages from A.

  1. B can sue for damages
  2. B can sue for damages as he suffered loss
  3. B cannot sue for damages
  4. B cannot sue for damages as his legal rights were not violated.

Answer: (d)

80. Which of the following defences is available in tort of negligence?

  1. Contributory negligence
  2. Statutory authority
  3. Act of God
  4. Volenti non fit injuria.

Answer: (a)

81. D left his horse and tonga unattended in a crowded street. While D was away, a dog barked and pounced on the horse. The horse got frightened and started running furiously along the road with the tonga. P, a pedestrian, saw X in danger of being run over and in order to save him pushed him away, but in doing so he himself was hurt. P sued D for damages.

  1. D is liable to pay damages to P
  2. D can plead contributory negligence
  3. D can plead remoteness of damages suffered by P
  4. D can plead novus actus interveniens.

Answer: (a)

82. On a rainy and windy day, a live wire snapped from an electrical pole. Ram Kumar did not notice the wire and rode his bicycle over the wire. He got electrocuted and died. His window brought an action for damages against the electricity board.

  1. Board is not liable as wire snapped due to act of God
  2. Board is not liable as there is contributory negligence on the part of Ram Kumar
  3. Board is not liable as it has statutory duty to supply electricity
  4. Board is liable as there is foreseeable risk inherent in the very nature of such activity.

Answer: (d)

83. In which one of the following cases the Delhi High Court held that pronouncement of talaq 3 times at a time by a Muslim husband results in a single talaq only:

  1. Danial Latifi v. Union of India
  2. Masroor Ahmed v. Delhi NCT
  3. Shamim Ara v. State of Uttar Pradesh
  4. Noor Saba Khatoon v. Mohd. Quasim.

Answer: (b)

84. “The Muslim Women (Protection of Rights on Divorce) Act, 1986 deals with:

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

Select the correct answer:”

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

Answer: (c)

85. Marriage of a Hindu male to his wife’s mother is:

  1. Valid
  2. Voidable
  3. Void
  4. Void unless protected by custom or usage.

Answer: (d)

86. In which of the following cases the Supreme Court has directed the States and the Central Government to make law for compulsory registration of all marriages in India?

  1. Sameer Ghosh v. Jaya Ghosh
  2. Neelu Kohli v. Naveen Kohli
  3. Seema v. Ashwani Kumar
  4. Shamim Ara v. State of Uttar Pradesh.

Answer: (c)

87. A married B but the marriage was void for being within the prohibited degrees of relationship. After sometime A married C while B was still living with him. A’s marriage to C is:

  1. Valid
  2. Valid but punishable
  3. Void
  4. Voidable at the option of C.

Answer: (a)

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

  1. Valid
  2. Invalid
  3. Voidable at the option of girl
  4. Voidable at the option of the boy.

Answer: (b)

89. The Supreme Court in Sarla Mudgal v. Union of India laid down that on conversion of a Hindu husband to Islam:

  1. He can have upto 4 wives
  2. His pre-conversion Hindu marriage will get dissolved if he so wishes
  3. His pre-conversion Hindu marriage will get dissolved automatically
  4. He cannot marry again till his pre¬conversion Hindu marriage is dissolved as per Hindu law.

Answer: (d)

90. Recently the Supreme Court in Anil Kumar Jain v. Maya Jain has held that the requirement of six months waiting period in cases of divorce by mutual consent in Hindu law can be relaxed by:

  1. High Court only
  2. Supreme Court only
  3. High Court and the Supreme Court
  4. Any court.

Answer: (b)

91. Divorce by mutual consent in Muslim law is called:

  1. Mutah
  2. Mehr
  3. Hadith
  4. Mubarat.

Answer: (d)

92. Which of the following is not a ground for annulment of marriage under section 12 of the Hindu Marriage Act, 1955?

  1. Impotency of respondent
  2. Consent to marriage of the petitioner obtained by fraud
  3. Incapacity of the respondent to bear a child
  4. Insanity of either party at the time of marriage.

Answer: (c)

93. As per Hindu Marriage Act, sapinda relationship extends to:

  1. The third generation (inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line of ascent through father
  2. The third generation (exclusive) in the line of ascent through the mother, and the fifth (exclusive) in the line of ascent through father
  3. The five generations in the line of ascent through the mother, and seven in the line of ascent through father
  4. All blood relatives related through male blood relatives.

Answer: (a)

94. Which of the following is not a requirement of a valid Hindu Marriage?

  1. Performance of necessary ceremonies
  2. Marriageable age of parties
  3. Consent of parties to the marriage
  4. Absence of degrees of prohibited relationship.

Answer: (c)

95. Which one of the following grounds is not available to a Muslim wife to seek dissolution of marriage under Dissolution of Muslim Marriages Act, 1939?

  1. Option of puberty
  2. Impotency of husband
  3. Cruelty of husband
  4. Change of religion by husband.

Answer: (b)

96. Khula under Muslim law refers to:

  1. Divorce by mutual consent
  2. Divorce initiated by wife and accepted by husband
  3. A temporary marriage
  4. An irregular marriage.

Answer: (b)

97. The marriage of a Muslim male to the sister of his present wife is:

  1. Void in Shia law and irregular in Sunni law
  2. Valid in Shia law and Sunni law
  3. Void as per the law of land
  4. Void in Sunni law and irregular in Shia law.

Answer: (a)

98. As per the Prohibition of Child Marriages Act, 2006 a child marriage is:

  1. Valid but penal
  2. Void and penal
  3. Voidable at the option of child party to the marriage
  4. Voidable at the option of either party to the marriage.

Answer: (c)

99. Which one of the following enactments provides for the dissolution of marriage at the instance of wife only?

  1. Hindu Marriage Act, 1955
  2. Special Marriage Act, 1954
  3. Indian Divorce Act, 1869
  4. Dissolution of Muslim Marriages Act, 1939.

Answer: (d)

100. X on receiving grave and sudden provocation from Z intentionally cause the death of V who is Z’s brother. X has committed the offence of:

  1. Murder
  2. Grievous hurt
  3. Culpable homicide not amounting to murder
  4. Attempt to murder.

Answer: (a)

101. In a scuffle between A and B, two teeth of B got knocked down, A has committed the offence of:

  1. grievous hurt
  2. simple hurt
  3. culpable homicide
  4. assault.

Answer: (a)

102. Punishment for voluntarily causing grievous hurt is provided in the IPC under:

  1. Section 319
  2. Section 325
  3. Section 323
  4. Section 327.

Answer: (b)

103. Kidnapping from lawful guardianship under section 361 of IPC can be:

  1. of a person under sixteen years of age if male
  2. of a person under eighteen years of age if female
  3. of a person of unsound mind
  4. All the above.

Answer: (d)

104. ‘A’ enticed a minor girl M without the consent of her lawful guardian G and kept her with him for a month after which he deserted her. Thereafter while M was loitering on the street, B took her with him from whose custody M was later recovered by the police.

  1. only A is guilty of kidnapping
  2. only B is guilty of kidnapping
  3. both A and B are guilty of kidnapping
  4. None of the above.

Answer: (a)

105. Extortion is defined in:

  1. Section 384 of IPC
  2. Section 383 of IPC
  3. Section 387 of IPC
  4. Section 390 of IPC.

Answer: (b)

106. A cuts down a tree on B’s land with the intention of dishonestly taking the tree out of B’s possession without B’s consent. A commits:

  1. no offence until the tree is taken away
  2. the offence of criminal misappropriation of property
  3. the offence of criminal breach of trust
  4. the offence of theft, as soon as the severance of the tree from the ground is complete.

Answer: (d)

107. X along with four other armed hoodlums seizes the child of Y and threatens to kill him unless Y parts with his watch and diamond ring, X has committed the offence of:

  1. Extortion
  2. Robbery
  3. Dacoity
  4. Theft.

Answer: (c)

108. X finds Y alone late in night at a lonely place. He shows him a revolver and demands his purse, watch and a gold ring. X warns Y that if he does not hand over these things, he would kill him. Fearing injury or death, Y hands over the valuables demand by X is:

  1. guilty of theft because he has caused wrongful loss to Y
  2. guilty of robbery because he caused wrongful loss to Y by threatening to cause injury or death
  3. guilty of dacoity because he caused wrongful loss to Y with the help of a firearm
  4. not guilty since Y himself gave the valuables property.

Answer: (d)

109. Which one of the following statements correctly distinguishes theft from extortion:

  1. in theft, there is dishonest intention whereas in extortion, it is not there
  2. in extortion, there is dishonest intention whereas in theft it is not there
  3. in theft, there is dishonest intention whereas in, extortion it is fraudulent intentio
  4. in theft there is taking of property whereas in extortion there is delivery of property.

Answer: (d)

110. Section 76 and section 79 of IPC provide the general exception of:

  1. mistake of law
  2. mistake of fact
  3. both (a) & (b)
  4. none of the above.

Answer: (b)

111. Which one of the following statements correctly defines the term unlawful assembly?

  1. an assembly of five or more persons
  2. an assembly of five or more persons armed with lethal weapons
  3. an assembly of five or more persons with common object of committing a crime
  4. an assembly of two or more persons having some common object of doing a criminal act.

Answer: (c)

112. For the offence of abetment:

  1. it is necessary that the act abetted should be committed successfully
  2. it is necessary that the act abetted should be committed though unsuccessfully
  3. it is not necessary that the act abetted should be committed
  4. none of the above.

Answer: (c)

113. X with intention to steal ornaments opened Y’s box and found it empty. X is:

  1. not liable for attempt to commit theft as the box being empty, commission of theft was impossible
  2. guilty of attempt to commit theft as he had an intention to commit theft and did an act towards its commission
  3. not liable for attempt to commit theft as he did not do the penultimate act towards the commission of theft
  4. not guilty of attempt to commit theft as he made only preparation to commit theft.

Answer: (b)

114. Section 326B in IPC which was added by Criminal Law (Amendment) Act, 2013 refers to:

  1. Grievous hurt by dangerous weapon
  2. Trafficking of a person
  3. Throwing or attempt to throw acid
  4. Sexual assault.

Answer: (c)

115. The right of a person to recover damages for nervous shock sustained while he was not present at the scene of the grievous injuries to his family but comes upon them at an interval of time and space was for the first time recognized by the House of Lords in England in:

  1. Page v. Smith
  2. Mcloughlin v. O’Brian
  3. Bourhill v. Young
  4. Alcock v. Chief Constable.

Answer: (b)

116. A employed B to drive his jeep. B took the jeep from the workshop and thereafter, instead of taking the jeep to the garage, he went on a spree and on the way he gave a joy ride to some unauthorized persons. B’s negligence caused an accident resulting in injuries to all the unauthorized persons in the jeep. Can they claim damages from A?

  1. Yes, as they were injured due to the negligence of A’s servant
  2. Yes, bringing jeep from the workshop to the garage was within the course of employment
  3. No, act of going on spree and giving lift to unauthorized persons was outside the course of employment
  4. No, they are not authorized to use the jeep.

Answer: (c)

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

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

Answer: (b)

118. Whether the consummation of marriage before the age of puberty deprives a Muslim wife of her option of puberty under section 2(vii) of the Dissolution of Muslim Marriages Act, 1939?

  1. always deprive
  2. deprive but only under certain circumstances
  3. does not deprive
  4. either (a) or (b).

Answer: (c)

119. If there is no resumption of cohabitation between the parties within one year after the degree of judicial separation or restitution of conjugal right, the marriage:

  1. can be dissolved by a decree of divorce on a petition presented by either party
  2. is treated as dissolved automatically
  3. can be dissolved by a decree of divorce on petition presented by the party in whose favour the relief in the original petition was granted
  4. can be dissolved by a decree of divorce on a petition by the party against whom the original decree was granted.

Answer: (a)

120. “The right granted under section 100 of the IPC to the extent of causing death can be exercised against an assault which reasonably causes an apprehension that death will otherwise be the consequences of the assault. The above rule has been explained by the Supreme Court in which of the famous case:”

  1. Sunil Batra v. Delhi Administration
  2. Brij Kishore v. State of Uttar Pradesh
  3. Amjad Khan v. State
  4. Ramaswamy v. State of Madras.

Answer: (c)

121. In which of the following cases the Supreme Court held that “brutality is inbuilt in every murder but in case of every murder death sentence is not imposed”?

  1. Prem Sagar v. Dharamvir
  2. State of Uttar Pradesh v. Lalit Tandon
  3. Union of India v. Madhusudan Prasad
  4. Regu Mahesh v. Rajendra Pratap.

Answer: (a)

122. In a conspiracy:

  1. all persons must commit an offence
  2. all persons must act simultaneously
  3. knowledge of all conspirators is enough
  4. an agreement or consort is necessary.

Answer: (d)

123. H, who is entrusted by S with certain blocks for printing a catalogue, prints the catalogue of rival’s firm with the same blocks. H is guilty of:

  1. Theft
  2. Cheating
  3. Criminal misappropriation
  4. Criminal breach of trust.

Answer: (d)

124. Ravi was suffering from delusion. One night he considered his own son as a leopard and attacked him with an axe, thinking by mistake of fact that he was justified in killing the son whom he did not regard to be a human being but a dangerous animal. Ravi is guilty of:

  1. no offence as he has defence of mistake of fact in good faith
  2. murder
  3. no offence as he has the defence of insanity
  4. culpable homicide.

Answer: (a)

125. A marriage between a Muslim man and a Christian woman can be validly solemnized under the:

  1. Muslim law as well as under Christian Marriage Act, 1872 and also Special Marriage Act, 1954
  2. Christian Marriage Act, 1872
  3. Special Marriage Act, 1954 only
  4. Muslim law only.

Answer: (a)

126. “Which of the following proposition(s) is/are correct?

(i) Muslim husband has a right to have two wives.

(ii) The first wife has a right to withdraw from the conjugal society. Husband cannot claim restitution of conjugal rights.”

  1. (i) is correct and (ii) is incorrect
  2. (i) and (ii) both are correct
  3. (i) and (ii) both are incorrect
  4. (i) is incorrect and (ii) is correct.

Answer: (b)

127. Which of the following is a ‘continuing offence’?

  1. Frequently taking a minor girl out of the custody of a lawful guardian
  2. By force or deceit compelling a minor girl to be moved from one city to another for illicit sex
  3. Removing a movable property from the possession of a thief
  4. Repeatedly raping a girl.

Answer: (b)

128. A child offender below the age of seven years cannot even be subjected to juvenile justice proceedings, because:

  1. Child criminals are treated differently
  2. The Juvenile Justice Act treats a child below 7 years as innocent
  3. Juvenile Justice proceedings are applicable to children below the age of 18 years
  4. A child below 7 years is exempt from criminal liability under section 82 of the Indian Penal Code.

Answer: (d)

129. ‘Catch-up Rule’ in relation to reservation was evolved by Supreme Court in:

  1. Union of India v. Virpal Singh
  2. Indra Sawhney v. Union of India
  3. Ashok Kumar Thakur v. Union of India
  4. Nagaraj v. Union of India.

Answer: (a)

130. Mark the correct statement:

  1. Sexual intercourse by a man with a woman with or without her consent when she is under sixteen years of age amounts to rape
  2. Sexual intercourse by a man with a woman of any age without her consent amounts to rape
  3. Sexual intercourse by a man with his own wife, the wife not being under sixteen years of age, is not rape
  4. (a) and (b) are correct.

Answer: (d)

131. In deciding the question of negligence by professionals, the classical statement of law which has been widely accepted as decisive of the standard of care required both of professionals generally and medical practitioners in particular is popularly called:

  1. Stephen test
  2. Friern test
  3. Bolam test
  4. Hyde test.

Answer: (c)

132. X with the intention to kill V, supplies him with powdered sugar believing it to be poison. Y eats the powder. X is guilty of:

  1. no offence
  2. attempt to commit murder
  3. attempt to commit culpable homicide not amounting to murder
  4. abetment to commit murder.

Answer: (a)

133. Which one is the first case in which the court pierced the veil of the corporate personality?

  1. Daimler Company v. Continental Tyre Company
  2. Ancona v. Rogers
  3. People’s Pleasure Park Co. v. Rohleder
  4. Regal v. Hasting.

Answer: (a)

134. Under section 23 of the Hindu Marriage Act, 1955 the court must try to bring about a reconciliation between the parties, if the petition is filed on the ground that:

  1. respondent treated the petitioner with cruelty
  2. respondent has deserted the petitioner
  3. respondent had sexual intercourse with a person other than the petitioner
  4. all of the above are correct.

Answer: (d)

135. ‘Causa Causans’ means:

  1. The defendant’s act is the real, effective and dominant cause of injury to the plaintiff
  2. The defendant’s act antecedent or passive cause of injury to plaintiff
  3. Injury to the plaintiff is due to his own wrongful act
  4. Injury to the plaintiff is because of act of third party.

Answer: (a)

136. Which Constitutional Amendment made changes in the Preamble to the Indian Constitution?

  1. 24th Amendment
  2. 25th Amendment
  3. 42nd Amendment
  4. 44th Amendment.

Answer: (c)

137. Which one of the following bodies has the specific objective of considering the views of the states in preparation of Five-Year Plans?

  1. Planning Commission
  2. Zonal Councils
  3. Inter-State Council
  4. National Development Council.

Answer: (d)

138. Which one of the following items comes under the Concurrent List of the Indian Constitution?

  1. Inter-State rivers
  2. Trade Unions
  3. Citizenship
  4. Local Government.

Answer: (b)

139. The authority to alter the boundaries of States in India rests with:

  1. State Government
  2. President
  3. Prime Minister
  4. Pariament.

Answer: (d)

140. The President addresses his resignation letter to the:

  1. Chief Justice of India
  2. Speaker
  3. Vice-President
  4. Prime Minister.

Answer: (c)

141. The expression ‘a Union of States’ used in the Constitution has been taken from the Constitution of:

  1. Canada
  2. United States of America
  3. Erstwhile USSR
  4. Germany.

Answer: (a)

142. Who among the following got the Bharat Ratna Award before becoming the President of India?

  1. Zakir Hussain
  2. Rajendra Prasad
  3. V. Giri
  4. Radhakrishnan.

Answer: (a)

143. Habeas Corpus literally means:

  1. Produce the body
  2. Produce the record
  3. Produce the evidence
  4. Produce the testimony.

Answer: (a)

144. The protection of Article 20(3) is not available to:

  1. Confession of guilt made to a friend who visits the accused who is in police custody
  2. Confession made through intelligible gestures under compulsion
  3. Confession made through the production of document or thing under compulsion
  4. Confession of guilt made in police custody by words.

Answer: (a)

145. Decisions regarding disqualification of members of Lok Sabha are taken by the:

  1. Supreme Court
  2. Speaker
  3. Prime Minister
  4. Vice-President.

Answer: (b)

146. In which case the Supreme Court had invalidated a constitutional amendment for non-compliance with the procedure contained in the proviso to clause (2) of Article 368?

  1. Sankari Prasad v. Union of India
  2. L.C. Golak Nath v. State of Punjab
  3. Kesavananda Bharati v. State of Kerala
  4. Kihoto Hollohan v. Zachilhu.

Answer: (d)

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

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

Answer: (a)

148. Point out incorrect match:

  1. State of Karnataka v. M/s. Drive-in- Enterprises – Pith and Substance
  2. K. Krishnan v. State of Tamil Nadu – Non Obstante Clause
  3. Asif Hameed v. State of Jammu and Kashmir – Separation of power
  4. Tata Iron & Steel Co. Ltd. v. State of Bihar – Doctrine of Territorial Nexus.

Answer: (b)

149. The judges of the Supreme Court are appointed:

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

Answer: (b)

150. Point out the incorrect pair:

  1. Article 230 – Extension of jurisdiction of High Courts to Union Territories
  2. Article 256 – Power of Union to issue directions
  3. Article 292 – Borrowing by States
  4. Article 312 – All-India Services.

Answer: (c)

151. Under the law, certain posts are reserved for the residents of a region of a state on the ground that it was a very backward area as compared to the other areas of the State. The reservation is:

  1. valid as residential qualifications can be prescribed under Article 16(3)
  2. invalid as it is violative of Article 16(1) and 16(2)
  3. invalid as residential qualification can be prescribed for the whole of the State and not part of a state under Article 16(3)
  4. valid as under Article 16(4) reservation can be made for backward classes and people living in backward areas and are backward.

Answer: (c)

152. The Governor of a State has power to constitute a Finance Commission for …………………………… to review their financial position.

  1. Municipal bodies
  2. Panchayats
  3. State
  4. Both Municipalities and Panchayats.

Answer: (d)

153. The concept of ‘Regulatory Measures and Compulsory Taxes’ has been adopted by Indian Judiciary from the Constitution of:

  1. United States of America
  2. Canada
  3. Australia
  4. Ireland.

Answer: (c)

154. Which is the only State of India to have the common Civil Code?

  1. Jammu & Kashmir
  2. Mizoram
  3. Goa
  4. Arunachal Pradesh.

Answer: (c)

155. Article 343 of the Constitution declares Hindi as the:

  1. National language
  2. State language
  3. Administrative language of the Union
  4. Official language of the Union.

Answer: (d)

156. The objective of Audit is to examine and monitor the expenditure made by the:

  1. Executive
  2. Legislature
  3. Judiciary
  4. All of these.

Answer: (d)

157. What is the minimum strength of the Legislative Assemblies of India prescribed by the Constitution?

  1. 40
  2. 50
  3. 60
  4. 80.

Answer: (c)

158. The Constituent Assembly of India took all decisions by:

  1. Consensus
  2. Simple majority
  3. Two-thirds majority
  4. Three-fourths majority.

Answer: (a)

159. The sitting of Lok Sabha can be terminated through:

  1. Adjournment
  2. Prorogation
  3. Dissolution
  4. All of the above.

Answer: (d)

160. How many subjects, over which the municipalities have been given administrative control, have been listed in the Twelfth Schedule?

  1. 18
  2. 20
  3. 21
  4. 29.

Answer: (a)

161. Which was the first State where Panchayati Raj was introduced?

  1. Gujarat
  2. Rajasthan
  3. Bihar
  4. Andhra Pradesh.

Answer: (b)

162. The President can nominate two members of the Lok Sabha to give representation to:

  1. The Anglo-Indians
  2. Indian Christians
  3. Parsis
  4. Buddhists.

Answer: (a)

163. The minimum number of Ministers including the Chief Minister in a state shall be:

  1. fifteen per cent of total number of members of the legislative assembly
  2. fifteen per cent of total number of members of the state legislature
  3. twelve
  4. twenty.

Answer: (c)

164. Which of the following case does not relate to civil servants?

  1. Union of India v. Tulsiram Patel
  2. P. Bansal v. State of Rajasthan
  3. N. Rangarajan v. Govt, of Tamil Nadu
  4. Samsher Singh v. State of Punjab.

Answer: (d)

165. Which of the following statement is incorrect?

  1. Parliament can enact legislation under article 252 of the Constitution of India
  2. State legislatures can enact a legislation to punish a person for an offence under article 17 of the Constitution of India
  3. Parliament can enact legislation on ‘electricity’
  4. State legislatures can enact legislation on ‘Insurance’.

Answer: (d)

166. The theory of separation of power does not prevent the state executive from exercising power with respect to which the legislature of the state has power to make law as provided under:

  1. Article 73
  2. Article 74
  3. Article 162
  4. Article 163.

Answer: (c)

167. The doctrine of pleasure has not been mentioned in which article of the Constitution of India?

  1. 75(2)
  2. 76(2)
  3. 310(1)
  4. 316(2).

Answer: (d)

168. Eleventh Schedule to the Constitution of India does not deal with:

  1. Family welfare
  2. Drinking water
  3. Urban planning
  4. Fuel and fodder.

Answer: (c)

169. Who is the author of “Anatomy of Law”?

  1. Salmond
  2. Lon Fuller
  3. Oppenheim
  4. Bentham.

Answer: (b)

170. Which of the following theories relating to legal rights has been propounded by Ihering?

  1. Will Theory
  2. Concession Theory
  3. Realist Theory
  4. Interest Theory.

Answer: (d)

171. Who said “Law grows with the growth and strengthens with the strength of the people, and finally dies away as the nation loses its nationality”?

  1. Stone
  2. Feinberg
  3. Von Savigny
  4. Maine.

Answer: (c)

172. Which school of jurisprudence believes that there are more important obligations, higher ideals, than obedience to the positive law of the State?

  1. Historical School
  2. Functional School
  3. Natural Law School
  4. Analytical School.

Answer: (c)

173. Which of the following is an incorrect match?

  1. Rawls – A theory of Justice
  2. Kelsen – Pure Theory of Law
  3. Fitzmaurice – Monism
  4. Grotius – Mare liberum.

Answer: (c)

174. According to Kelsen the validity of a norm is based on:

  1. Adaptability of the norm
  2. Receptiveness of the norm
  3. Effectiveness of the norm
  4. Both (a) and (c).

Answer: (c)

175. Who said “Jurisprudence is the formal science of positive law”?

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

Answer: (d)

DU LLM QUESTION PAPER 2013 | Click Here to Download PDF


  1. Law Library: Notes and Study Material for LLB, LLM, Judiciary and Entrance Exams
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