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DU LLM QUESTION PAPER, 2019
Duration of examination: 2 hours
Maximum marks: 400
Negative marking: 1
1. Which of the following elements are not essential for transferring of title to the buyer from the seller?
- Payment of price
- Determination of time of delivery
- None of these
- Physical Delivery of the goods.
2. Which of the following statements is correct?
- The liability of master and servant is sometimes joint and sometimes several depending on circumstances
- The liability of master and servant is joint and several
- The liability of master and servant is joint
- The liability of master and servant is several.
3. Which of the following statement is correct?
- None of these
- Stranger to consideration has no right
- Stranger to consideration can enforce a promise
- Stranger to contract can enforce a promise.
4. Which of the following statement is true?
- Both (In case of initial impossibility agreement is termed as void) and (In case of subsequent impossibility contract becomes void) are true
- Both (In case of initial impossibility agreement is termed as void) and (In case of subsequent impossibility contract be void) are false
- In case of initial impossibility agreement is termed as void
- In case of subsequent impossibility contract becomes void.
5. Which of the following agreement(s) is/are void?
- Agreements without Consideration
- Agreement in the restraint of legal proceedings
- Agreement effected by fraud
Choose the correct answer by using the codes given below.
- Agreements without Consideration and Agreement in the restraint of legal proceedings only
- Agreements without Consideration, Agreement in the restraint of legal proceedings and Agreement effected by fraud
- Agreement effected by fraud only
- Agreement in the restraint of legal proceedings only.
6. Which of the following is correct about International Criminal Tribunal for Yugoslavia (ICTT)?
- It has been closed officially
- It has been merged with International Criminal Court (ICC)
- It will continue till the disposal of all appeals and other proceedings
- It is permanent in nature.
7. Which of the following is related to the Compensatory Afforestation Management and Planning Art, 2016?
- N.Godavrman Thirumulkpad v. Union of India
- Vellore Citizens Welfare Forum v. Union of India
- Karnataka Industrial Development Board v. C.Kenchappa
- P. Pollution Control Board v. N.V.Nayuddu.
8. Which of the following landmark case is not related to copyright law?
- G.Anand v. Delux Films AIR 1978 SC 1613
- Feist Publications, Inc., v. Rural Telephone Service Co., 499 U.S. 340 (1991)
- Eastern Book Company v. D.B. Modak
- Diamond v. Chakrobarty, 447 U.S. 303 (1980).
9. Which of the following cannot pertain to the tort of nuisance?
- Playing music through loudspeaker in the night
- Creation of foul smell on one’s land which reaches neighbour’s residence
- Construction of a flour mill on the ground floor, while the first floor is occupied by a tenant
- Taking cattle on the field of the neighbour.
10. Which of the following amendments to the Constitution of India is related with reservation of seats in educational institutions for the economically weaker section of citizens?
11. Which of the following is a formulation of the historical school?
- Law is in a state of continuous change
- Law has a spontaneous nature of growth like language
- Law is found and not made
- All of these.
12. Which of the following Section of the IPC was amended by the Criminal Laws(Amendment) Act, 2018?
- Section 370A
- Section 354A
- Section 228A
- Section 370.
13. Which of the following is not related to Section 498A of IPC?
- Arnesh Kumar v. State of Bihar
- Rajesh Sharma v. UOI
- Social Action Forum for Manavadhikar and another v. UOI
- Gurmeet Singh v. State of Punjab.
14. Which of the following is not included in the definition of Cinematograph film as defined under Section 2(f) of the Copyright Act, 1957?
- A work of visual recording
- A sound recording accompanying a visual recording
- Video film.
15. Which of the following pairs is correct?
- Nottebohm Case-Right of self defence
- Nicaragua v. United States-Counselor access
- Anglo Norwegian Fisheries Case -Delimitation of Continental Shelf
- LaGrand Case, 2001- State Responsibility.
16. Which of the following pairs is incorrect?
- Arvid Pardo – For the concept of common heritage of mankind for seabed and the ocean floor beyond national jurisdiction
- Hugo Grotius – Mare liberum
- Calvo Clause- Disputes arising out of contract shall be referred to municipal courts of state which grants concession
- Selden -The Province of Jurisprudence Determined.
17. Which of the following judges propounded the principle of absolute liability in M.C. Mehta v Union of India (AIR 1987 SC 1086)?
- Justice R.S. Pathak
- Justice Y.V. Chandrachud
- Justice V.R. Krishna Iyer
- Justice P.N. Bhagwati.
18. Which of the following does not constitute the Electoral College for electing the President of India?
- Elected members of Rajya Sabha
- Elected members of the Legislative Council
- Elected members of the Legislative Assembly of each state
- Elected members of Lok Sabha.
19. Which Section of the Indian Penal Code defines ‘sedition’?
- Section 124
- Section 123
- Section 124 A
- Section 122.
20. Which provision of the Information Technology Act, 2000 provides legal recognition to e-records?
- Section 5
- Section 3
- Section 3A
- Section 4.
21. Which one of the following is not the object of the Central Consumer Protection Council?
- Education of seller of goods about their rights
- Education of the consumer about their rights
- Protecting the consumer against unfair trade practices
- Protecting the rights of the consumer against the marketing of goods which are hazardous to life and property.
22. Which one of the following is considered as a subsidiary source of international law as per Article 38(1) of the Statute of International Court of Justice?
- Teachings of the highly qualified publicist
- Rules relating to internal functioning of international organizations
23. Which section of the Indian Contract Act, 1812 defines the term “reciprocal promises”?
- Section 2(e)
- Section 2(g)
- Section 2(d)
- Section 2(f).
24. Where the money received from a third party by the firm, In the ordinary course of It business, is misapplied by one of the partners to his own use then the:
- Defaulting partner alone is liable for the same
- Third party has no remedy
- Firm is liable for the same
- Firm is not liable for the same.
25. As per the Hindu Adoption and Maintenance Act, 1956, a person who has an adopted son living:
- Can adopt another son with consent of the adopted son
- Can adopt another son with the prior permission of the court
- Can adopt another son
- Cannot adopt another son.
26. As per Trade Marks Act 1999, the word ‘comfort’ for T-shirt cannot be registered exclusively due to:
- Section 17
- Section 12
- Section 9
- Section 14.
27. Under which of the provisions of the Trade Marks Act, 1999, two or more identical or similar trademarks may be registered In respect of same or similar goods?
- Section 9
- Section 11
- Section 14
- Section 12.
28. An incoming partner, who has been validly admitted in the firm is:
- Both (Not liable for the acts of the firm done before he became a partner) and (Liable for the act of the firm done after his admission)
- Not liable for the acts of the firm done before he became a partner
- Liable for the acts of the firm done before he became a partner
- Liable for the acts of the firm done after his admission.
29. When a Hindu inherits the property from his father under Section 8 of the Hindu Succession Act 1956, he takes it as:
- His separate property
- A joint family property
- Only as a joint family property or his separate property
- Either as joint family property or His separate property, as decided amongst the heirs.
30. X duly posts a letter of acceptance to V. But the letter is lost in transit due to the negligence of the post office.
- There is no contract concluded, because the proposer has not received the letter
- There is no contract concluded, because the acceptance has not reached the proposer
- None of the these
- The contract is concluded, because the acceptance is complete, from the date of dispatch, notwithstanding any delay or miscarriage in its arrival from causes not within the acceptor’s control.
31. After passing of a decree for judicial separation, co-habitation is:
- Either Obligatory Or Directory
- Not obligatory
32. A gratuitous or bare promise, devoid of consideration, is called:
- Ex contractu
- Nudum Pactum
- Res extincta
- Ubberima fides.
33. If Mr. A sells a watch to Mr. X which Mr. A has obtained by inflicting undue influence on Mr. B, the title of Mr. X on the watch is:
- Subject to the fact whether Mr. B has rescinded the contract
34. According to the jurists of Analytical School:
- Customs are only positive morality even after recognition
- Custom is a law from the very inception of it
- Custom never becomes law
- Custom becomes law after its recognition by the sovereign.
35. According to Pound, Private interests include:
- Individuals interests of personality like reputation, conscience
- All of these
- The interests of property; succession, testamentary disposition
- The interest of domestic relations of persons such as husband and wife.
36. According to U.N. Convention on Law of the Sea 1982, the Contiguous Zone is established to exercise the control necessary to prevent and punish infringement of coastal slate’s laws relating to:
- Fiscal, Fisheries, Immigration and Security
- Fiscal, Customs, Immigration and Environment
- Fiscal, Customs, Immigration and Sanitary
- Fiscal, Customs, Fisheries and Sanitary.
37. According to Hohfeldian analysis, Liability Is the Jural co-relative of:
38. Under the Companies Act 2013, a private company can borrow funds for its financial needs from:
- directors, banks and financial institutions
- directors, shareholders and relatives of directors
- banks and financial institutions.
39. Under the Consumer Protection Act, 1985, the limitation period for filing a complaint in District Forum:
- Two year from the date of cause of action
- Six month from the date of cause of action
- Three years from the date of cause of action
- One year from the date of cause of action.
40. Under the Hindu law degrees of prohibited relationship include relationship by:
- Half or uterine blood
- Full blood
- All of these.
41. ‘A’ a Muslim male during the lifetime of his wife ‘W’ with whom the marriage is subsisting married the younger sister of his wife. The marriage is:
- Void in Sunni as well as Shia Law
- Valid in Sunni as well as his law
- Irregular in Sunni as well as Shia law
- Irregular in Sunni Iaw and void in Shia law.
42. A intentionally tampers the computer source code developed by “B” and imitated it substantially to create his own computer programme. Under which Law “A” can be made liable:
- Both Copyright Act, 1957 & Information Technology Act, 2000
- Neither Copyright Act, 1957 nor Information Technology Act, 2000
- Information Technology Act, 2000
- Copyright Act, 1957.
43. Private rights acquired under existing law do not cease on change of sovereignty was held in:
- Mavrommatis Palestine Concessions case
- Chorzow factory case
- Island of Palmas case
- German settlers in Poland case.
44. If a seller is in possession of goods after the title has passed to the buyer, he can:
- Cannot resell the goods
- Resell the goods
- Resell only if he gets a Lower price than the previous sale
- Resell but the second buyer do not get good title.
45. If a law is for long disregarded in practice then courts don’t give effect to it. Such state of disuse of a norm is known as:
- Static norm
46. Article 40 of the Constitution of India deals with:
- Equal justice and free legal aid
- Organization of Village Panchayats
- Participation of workers in management of Industries
- Right to education and work.
47. Article 16(4A) of the Constitution of India which gives power to the State to make laws regarding reservation in matters Of promotion in favour of the Scheduled Castes and Scheduled Tribes was added by the:
- 78th Amendment to the Constitution of India
- 75th Amendment to the Constitution of India
- 77th Amendment to the Constitution of India
- 76th Amendment to the Constitution of India.
48. X, a fruit dealer, gives his agent Y a van for the supply of fruits to the customers. Y goes for a free ride with his friend Z, and commits an accident resulting in an injury to A. Which one of the following is correct?
- X is Liable
- X,Y and Z are all liable
- Z is liable
- Y is liable.
49. In case of Private Company, as per section 2(68) of the Companies Act, 2013, what is the minimum paid up capital?
- No minimum amount prescribed
- 1 lakh rupees
- 5 lakh rupees
- 10 lakh rupees.
50. A public company can borrow money:
- After one year of incorporation
- After obtaining certificate of commencement of business
- Before incorporation
- Soon after incorporation.
51. A public company can be converted into a private company only after the approval of the:
- State Government
- High Court
- Regional Director
- National Company Law Tribunal.
52. Who said that ‘there was no real distinction between state law and international law, both systems bound individuals, although international law as a matter of technique did so only mediately and through the concept of the state.’?
53. Who is authorized to issue license to Section 8 company under the Companies Act 2013?
- Any one of the above
- Registrar of Companies
- Regional Director.
54. In which case, the International Court of Justice held that ‘UNO is a juristic person sui generis’?
- Reparation of Injuries Suffered in the Services of UN
- Anglo-Norwegian Case
- Paquete Habana Case
- North Sea Continental Shelf Case.
55. In which of the following cases it was held that there is no reason to compel non-smokers to be helpless victims of air pollution?
- Sheela Barre v. UOI
- C. Mehta v. UOI
- Samantha v. State of A.P.
- Murli Deora v. UOI.
56. In which of the following offences punishment with imprisonment for life means imprisonment for the remainder of that person’s natural life is provided under the IPC?
- Rape of woman under 12 years of age
- Gang rape of woman under 16 years of age
- Gang rape of woman under 12 years of age
- All of these.
57. In which of the following Instances, insulting words can form the basis of an action for defamation?
- written by a husband to his wife
- written by a client to his lawyer
- written in an inland letter
- written in a post card.
58. In which one of the following case has the Supreme Court upheld the Constitutional validity of the Constitution (93rd Amendment) introducing Article 15(5) of the Constitution of India?
- Indra Sawhney v. Union of India
- Nagaraj v. Union of India
- TMA Pai Foundation v. State of Karnataka
- Ashok Kumar Thakur v. Union of India.
59. To which of the following, the Corfu Channel Case, 1949 is concerned with?
- The delimitation of continental shelves
- The right of innocent passage
- The exploitation of seabed and subsoil of deep ocean
- The adoption of straight base line for measuring territorial waters.
60. Children of annulled voidable marriages and void marriages are:
- Neither heirs of their parents nor to anyone else
- Heirs of their parents alone and to none else
- Heirs of their parents and grandparents
- Heirs of their parents as well as to others in the family of their parents.
61. Frederick Karl Von Savigny has observed that:
- Custom precedes legislation
- Legislation must confirm to customary practices
- Custom is not important than legislation
- Law is a product of general consciousness of the people and a manifestation of their spirit.
Select the correct answer using the codes given below:
- 1,2 & 4
- 2,3 & 4
- 1,2 & 3
- 1,3 & 4.
62. Propositions are:
I. A void marriage remains valid until a decree annulling it has been passed by a competent court.
II. A void marriage is never valid marriage and there is no necessity Of any decree annulling it.
III. A voidable marriage is regarded as a valid subsisting marriage until a decree annulling it has been passed by a competent court.
In respect of the aforesaid propositions which is correct?
- I and III are correct and II is incorrect
- I and III are incorrect and II is correct
- I, II and III all are correct
- II and III are correct and I is incorrect.
The Nice Classification (NCL) established by the Nice Agreement (1957), is an international classification:
- For Semiconductor and layout designs
- Of goods and services applied for the registration of designs and it contains 45 classifications
- Of goods and services applied for the registration of marks and it contains 45 classifications
- Of Geographical Indications.
64. Against which of the following offences, does the right of private defence of property extend to the voluntary causing of death?
- Criminal Misapproproation
- Criminal trespass.
65. In the absence of any agreement, the interest to partners on the amount of loan advanced to the firm, is allowed at:
- 8% per annum
- 6% per annum
- 4% per annum
- Market rate.
66. A, B and C jointly own an Almirah, but it is in possession of B. R enters into a contract of sale with B to buy the almirah paying a reasonable amount, knowing that it is also owned by A and C. But both B and R agree to keep this transaction a secret from A and C. Can A or C challenge the title of R?
- No, because R holds an absolute and good title to it
- No, because the title has already passed to R
- Yes, because R had the knowledge about the joint owners and he did not act on good faith
- Yes, because it was B who was only in possession of the property.
67. A police officer arrested and detained a person in the lockup despite production of a bail order from the court. The Police Officer is guilty of:
- Wrongful Confinement
- Wrongful Restraint
68. Every member of the Consumer Disputes Redressal Commission holds office for a term of:
- Five years or up to the age of seventy years, whichever is later
- Five years or up to the age of seventy years whichever is earlier
- Five years or up to the age of sixty five years, whichever is earlier
- Five years or up to the age of sixty five years, whichever is later.
69. Consider the following statements:
For defamation the plaintiff has to prove that the imputation is false and malicious. In this context malicious means:
- with evil motive
- without just cause
- a factor relevant in assessment of damages
- an irrelevant plea of defamation
Which of the statements given above is/are correct?
- with evil motive and without just cause only
- without just cause, a factor relevant in assessment of damages and an irrelevant plea of defamation
- without just cause only
- without just cause and a factor relevant in assessment of damages only.
70. Consider the following statements.
- Legislation is the main source of law
- Legislation has both creative and abrogative powers
- Custom is generally based on the will of the people
Which of the above statements are correct?
- 2 and 3 are correct
- 1, 2 and 3 are correct
- 1 and 2 are correct
- 1 and 3 are correct.
71. A member of the UN may be suspended from the exercise of its rights and privileges of membership by the:
- Security Council
- Security Council on the recommendation of General Assembly
- General Assembly
- General Assembly on the recommendation of Security Council.
72. On which Model Law of UNCITRAL (United Nations Commission on International Trade Law) Information Technology Act, 2000 of India is based:
- UNCITRAL Model Law on Cross-Border Insolvency (1997)
- UNCITRAL Model Law on Electronic Signatures (2001)
- UNCITRAL Model Law on Electronic Commerce (1996)
- UNCITRAL Model Law on International Credit Transfers (1992).
73. Assertion (A): Homicide is the killing of a human being by a human being
Reason (R): Homicide is always culpable
- Both (A) and (R) are false
- Both (A) and (R) are true
- A is false but (R) is true
- A is true but (R) is false.
74. Match the following:
- Definition of Abduction
- Kidnapping a minor for purpose of begging
- Kidnapping for a ransom
- Importation of a girl from a for country
- Kidnapping in order to murder
- Section 352
- Section 363
- Section 364 A
- Section 366 B
- Section 364
- A-1, B-2, C-3, D-4, E-5
- A-5, B-1, C-4, D-3, E-2
- A-3, B-5, C-2, D-1, E-4
- A-1, B-4, C-3, D-2, E-5.
75. Match List I with Sections of Hindu Marriage Act 1955 given in List II and select the correct answer from the code given below:
- Proceedings to be conducted in camera
- Maintenance pendant lite and expense of proceedings
- Appeals from decree and orders
- Permanent alimony and maintenance
- Section 24
- Section 25
- Section 22
- Section 28
- A-IV, B-III, C-II, D-I
- A-III, B-I, C-IV, D-II
- A-III, B-I, C-II, D-IV
- A-IV, B-I, C-III, D-II.
76. Human beings have no rights only duties. This view was formulated by:
77. For the offence of affray under the IPC there must be:
- More than 5 persons
- More than 2 persons
- At least 5 persons
- At least 2 persons.
78. For a valid Muslim marriage:
- Offer and acceptance may be at different times and different places
- Offer and acceptance must be at the same place
- Offer and acceptance must be at the same time
- Offer and acceptance must be at the same time and place.
79. ‘Ownership is the entirety of the power of use and disposal allowed by Law’. This definition was given by:
80. ‘A’ gives his daughter D, aged 16 years, in marriage to B, a boy aged 22 years, without her consent and against her wishes. The marriage is:
- Voidable and can be annulled at the option of D
- Voidable and can be annulled at the option of A
- Void ab initio
- Valid but liable to be terminated through decree of divorce.
81. Internalization of externalities is associated with:
- Polluter Pays Principle
- Absolute Liability Principle
- Preventive Principle
- Precautionary Principle.
82. What was the rule laid down by the Privy Council in “Wagon Mound” case?
- The defendant is liable for that injury which is the immediate consequence of defendant’s fault
- The defendant is liable for all the injuries which occurs is a direct consequence of defendant fault
- The defendant is liable only for that injury which could be reasonably foreseen as occurring due to defendant’s fault
- The defendant is not liable if he proves that the plaintiff suffered injury owing to his contributory negligence.
83. Which of the following is not registrable under the Designs Act, 2000?
- Made of principle of construction
- Features of shape.
84. Which of the following is the first country to ratify the “Marrakesh Treaty to Facilitate Access to Published Works for Persons Who are Blind, Visually Impaired, or Otherwise Print Disabled (MVT) (2013)”?
- Sri Lanka
85. At any time after the expiration of ………………. from the date of the grant of a patent, any ……………….. person may make an application to the controller for grant of compulsory licence CIFI patent under the Patents Act, 1970.
- Two Years & Interested
- Three Years & Interested
- Four Years & Interested
- None of these.
86. Jamul Instigates Bipin to murder Chelan. Bipin ruses to do so. What offence, if any, has been committed by Atul?
- Attempt to commit murder
- No offence
- Conspiracy to commit murder
- Abetment to commit murder.
87. On the death of a partner, public notice of death is not given and the firm continues the business, then for the acts of firm done after his death, the estate of the deceased partner is:
- Proportionately liable
- Treated as security
- Not liable
88. The defence of ‘non est factum” is available to the contracting party who has committed mistake as to:
- Quality of the promise made by the other
- Quality of the subject matter of the contract
- Identity of the other contracting party
- Nature of contract.
89. The Central Consumer Protection Council consists of:
- Either Chairperson and Ten other members or Chairperson and such other members as may be prescribed
- Chairperson and Five other members
- Chairperson and such other members as may be prescribed
- Chairperson and Ten other members.
90. The Central Government has been empowered to conduct investigation into the affairs of the company under section 210 of Companies Act 2013:
i. On the report of Registrar of Companies
ii. In public interest
iii. On passing of the special resolution
iv. On order of the court or tribunal
Select the correct answer:
- i and ii only
- iii and iv only
- ii and iii only
- All i, ii, iii and iv.
91. The satisfaction of the President means the satisfaction of the Council of Ministers and not his personal satisfaction was held in:
- N. Rao v. Indira Gandhi
- Ram Jawaya Kapoor v. State of Punjab
- Samsher Singh v. State of Punjab
- Sardari Lal v. Union Government.
92. The charge of impeachment against the President of India for his removal can be preferred by:
- Prime Minister of India
- Chief Justice of India
- Either House of Parliament
- Speaker of Lok Sabha.
93. The Supreme Court of India formulated the doctrine of eclipse in:
- Bhikaji Narain Dhakras v State of M.P.
- State of W.B. v. Anwar Ali Sarkar
- Maneka Gandhi v. Union of India
- Bashesharnath v. Income Tax Commissioner.
94. The World Commission on Environment and Development’s report is known as:
- Our Changing Environment
- Our Common Future
- Agenda 21
- Caring For Earth.
95. The ground “Internal Disturbance” in Article 352 of the Constitution of India for proclamation of emergency was removed by:
- 42nd Amendment
- 44th Amendment
- 39th Amendment
- 43rd Amendment.
96. The Precautionary Principle is provided in:
- Principle 6 of Rio Declaration
- Principle 6 of Stockholm Declaration
- Principle 15 of Rio Declaration
- Principle 15 of Stockholm Declaration.
97. The broadcast reproduction right is conferred to every broadcasting organisation for:
- 60 years
- 50 years
- 20 years
- 25 years.
98. The President of India does not have the power to:
- Summon each house of Parliament to meet at such time and p1ace as he thinks fit
- Remove a Minister from Union Council of Ministers
- Dissolve both Houses of Parliament
- Prorogue the Houses or either House.
99. The Paris Agreement of 2016 is a part of:
100. To Hans Kelsen goes the credit of formulating:
- Pure theory of law
- All of these
- Functional approach to law
- Imperative theory of law.