CBSE NET Law September-2013 Solved Paper III

  1. Which one of the following features does not support the federal character of Indian Constitution?

    1. Distribution of powers between Centre and States

    2. Authority of Courts

    3. Supremacy of the Constitution

    4. Single citizenship

    Answer: d

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

    List-I List-II
    1. Law declared by the Supreme Court to be binding on all courts. 1 Article

    2. Advisory jurisdiction of Supreme Court.

    3. Power of Supreme Court to review its own judgement.

    4. Appeal by Special Leave

    1. Article 1

    2. Article 143

    3. Article 137

    4. Article 136

    • A
    • B
    • C
    • D
      • 1
      • 2
      • 3
      • 4
      • 2
      • 1
      • 3
      • 4
      • 1
      • 3
      • 4
      • 2
      • 2
      • 3
      • 1
      • 4

    Answer: a

  3. In which of the following cases free and fair election is recognized as basic structure of Indian Constitution?

    1. Indira Gandhi V. Raj Narayan

    2. Minerva Mills V. Union of India

    3. Both A and B above

    4. None of the above

    Answer: a

  4. Which one of the following cases is not related to the doctrine of severability?

    1. A. K. Gopalan V. State of Madras

    2. R. M. D. C. V. Union of India

    3. Minerva Mills Ltd. V. Union of India

    4. Kihota Holohan V. Zachithu

    Answer: c

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

    List-I List-II
    1. Power of Parliament to legislate on State subjects in national interest.

    2. Power of Parliament to legslate on Stat subjects during a proclamation of emergency.

    3. Power of Parliament to legislate for giving effect to treaties and international agreements.

    4. Power of Parliament to legislate on State subjects with the consent of the States.

    1. Article 249

    2. Article 0

    3. Article 252

    4. Article 253

    • A
    • B
    • C
    • D
      • 1
      • 2
      • 3
      • 4
      • 2
      • 1
      • 4
      • 3
      • 4
      • 3
      • 2
      • 1
      • 1
      • 2
      • 4
      • 3

    Answer: d

  6. Which of the following Articles providing for fundamental rights cannot be suspended during the Proclamation of Emergency?

    1. Articles 14 and 15

    2. Articles 19 and 20

    3. Articles 20 and 21

    4. Articles 21 and 22

    Answer: c

    • Assertion (A): Under Article 368, the Parliament can amend any provision of the Constitution except the basic structure of the Constitution.
    • Reason (R): The Supreme Court has restricted the absolute power of Parliament to amend any provision of the Constitution.
    1. Both A and R are true and R is the correct explanation of (A).

    2. Both A and R are true, but R is not the correct explanation of (A).

    3. A is true, but R is false.

    4. A is false, but R is true.

    Answer: a

  7. Clause (k) to Article 51 − A was added by

    1. The Constitution (73rd Amendment) Act.

    2. The Constitution (85th Amendment) Act.

    3. The Constitution (86th Amendment) Act.

    4. The Constitution (93rd Amendment) Act.

    Answer: c

  8. Doctrine of Separation of Powers was systematically formulated by

    1. Plato

    2. Montesquieu

    3. Dicey

    4. Aristotle

    Answer: b

  9. ‘Rule of Law’ means

    1. Supremacy of Judiciary

    2. Supremacy of Law

    3. Equality before Law

    4. Supremacy of Parliament

    Codes:

    1. 1 and 3

    2. 3 and 4

    3. 2 and 4

    4. 2 and 3

    Answer: d

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

    List-I List-II
    1. Abuse of discretion

    2. Equality before law

    3. Delegated legislation

    4. Separation of powers

    1. Rule of Law

    2. Lack of Power

    3. Check and Balance

    4. Ultra-vires

    • A
    • B
    • C
    • D
      • 2
      • 1
      • 4
      • 3
      • 1
      • 2
      • 4
      • 3
      • 3
      • 3
      • 2
      • 1
      • 4
      • 4
      • 1
      • 2

    Answer: a

  11. Writ of Mandamus may be issued to

    1. Compel the judicial or quasi-judicial authorities only to act.

    2. Compel the authority to act.

    3. Compel the authority, how to act.

    4. Compel a private person.

    Answer: b

  12. Doctrine of Locus Standi means

    1. Writ can be filed by any person.

    2. Power of courts for judicial review.

    3. Right of petitioner to file the writ petition.

    4. Discretion of administrative authority.

    Answer: c

  13. Which one of the following statement is true?

    1. Delegated legislation cannot have retrospective effect.

    2. Delegated legislation can have retrospective effect, if authorized by Act or Statute.

    3. Delegated legislation can have retrospective effect, if not authorized by Act or Statute but have reasonable and rational justification.

    4. None of the above:

    Answer: b

  14. “Constitutional law is concerned with the organization and functions of government at rest, while administrative law, is concerned with that organization and those functions in motion.” This statement was given by

    1. Austin

    2. Salmond

    3. M. P. Jain

    4. None of the above

    Answer: d

  15. Writ of Quo Warranto can be issued

    1. against any person.

    2. against public officer, who wish to assume the office.

    3. against public officer, who is holding public office.

    4. against public officer, who has ceased to hold the office.

    Answer: c

  16. Who defined “jurisprudence as the formal science of positive law”

    1. Holland

    2. Ulpanian

    3. Bentham

    4. Blackstone

    Answer: a

  17. “A legal right is an interest recognized and protected by a rule of legal justice. An interest in the violation of whch would be a legal wrong, done to him whose interest it is and respect of which is a legal duly” It was stated by

    1. Salmond

    2. Starke

    3. Both A and (B)

    4. None of them

    Answer: a

  18. “Corporate personality is a mere procedural form which is used to work out a convenient way for immediate purpose” It was stated by

    1. Holland

    2. Austin

    3. Starke

    4. Honfield

    Answer: d

  19. Which of the following statement is not true?

    1. Possession is a nine point of law.

    2. Possession is an evidence of ownership.

    3. Possession is protected till someone else provided a better title in himself.

    4. Possession once lost cannot be regained.

    Answer: d

  20. Which of the following duties have been included by Austin in the category of “Absolute duties”

    1. Duties owed to indeterminate persons.

    2. Self regarding duties.

    3. Duties owed to the sovereign.

    4. Duties owed to the parents.

    Select the correct answer by using the codes below:

    Codes:

    1. 1, 3 and 4

    2. 2, 3 and 4

    3. 1, 2, and 4

    4. 1, 2 and 3

    Answer: d

  21. The physical element of possession is also called as

    1. Ratio decidendi

    2. Corpus decidendi

    3. Corpus possessionis

    4. Animus possidendi

    Answer: c

    • Assertion (A): Ownership subject to condition subsequent is vested ownership.
    • Reason (R): Possession and ownership do not differ in their mode of acquisition.
    1. Both A and R are true and R is the correct explanation of (A).

    2. Both A and R are true, but R is not correct explanation of (A).

    3. A is true, but R is false.

    4. A is false, but R is true.

    Answer: c

  22. The interest theory of legal right is propounded by

    1. Durkein

    2. Dicey

    3. Paton

    4. Ihering

    Answer: d

  23. The application of doctrine of vicarious liability in crimes seems to have been actuated by a necessity rather than desirability. The justification is based on

    1. Public policy

    2. Failure to supervise

    3. Treated as unauthorised

    4. Strict liability

    Answer: a

  24. In which of the offences the actual commission of offence is not punished but it's attempt is punished?

    1. When the execution of murder falls short.

    2. Causing miscarriage.

    3. Suicide.

    4. Exposure with intention to abandon the child.

    Answer: c

  25. An offender claiming exemption of criminal liability under Section 84 of Indian Penal Code must be incapable of knowing

    1. the nature of the act

    2. the act was contrary to law

    3. the act was wrong

    4. All of the above

    Answer: d

  26. There is no right of private defence against an act done, by any person under the direction of a public servant but is subjected to fulfilment of certain condition like

    1. the act must be done in good faith.

    2. the direction was not strictly justifiable by law.

    3. The directed act has not been generated reasonable apprehension of death.

    4. All of the above:

    Answer: d

  27. The Indian Penal Code makes a broad distinction between principal wrong doer and an abettor and does not recognize the accessory except in case of harboring when

    1. Instigating a person to commit an offence.

    2. Engaging in a conspiracy to commit an offence.

    3. Intentionally aiding a person to commit an offence.

    4. None of the above:

    Answer: d

  28. In order to attract application of Sec. 304 − B of Indian Penal Code it is essential that the death has occurred within ______.

    1. Seven years but as engagement is part of marriage the period of limitation should be counted from that date.

    2. Actual death should have occurred within seven years of her marriage.

    3. Actual cruelty should have been for demand of dowry whether or not death resulted after seven years of marriage.

    4. Depends upon possibility to ruling out an accidental death within the period of seven years.

    Answer: b

  29. Administration of unwholesome drug is strictly punishable under law even though it may not cause hurt. Under what provision of law punishment can be inflicted?

    1. Section 324

    2. Section 328

    3. Section 326

    4. All of the above

    Answer: b

  30. A police officer arrested a person without warrant who was drunk and creating disturbance in a public street. The action of police amounts to ______.

    1. Detention

    2. Wrongful confinement

    3. Wrongful restrain

    4. None of them

    Answer: b

  31. The Air (Prevention and Control of Pollution) Act, 1981 shall have precedence over other laws and therefore, the provisions of the Act shall have effect despite the inconsistency with the provisions of any other enactment. However it is subject to

    1. The Mines Act, 1952

    2. Atomic Energy Act, 1962

    3. The Factories Act, 1948

    4. None of the above

    Answer: b

  32. Which of the following is popularly known as “Forest Conservation Case”

    1. Environment Awareness Forum Vs. State of J & K, 1999 1 SCC 210

    2. T. N. Godavarman Thirumulk Pad Vs. Union of India, 1997 2 SCC 267

    3. M. C. Metha Vs. Union of India, 1992 1 SCC 358

    4. Tata Engineering & Locomotive Co. Ltd Vs State of Bihar, 2000 5 SCC 346

    Answer: b

  33. Taj Trapezium case is between

    1. Indian Council for Enviro-Legal Action Vs. Union of India, 1996 3 SCC 212

    2. Ramji Patel Vs Nagarik Upbhokta Marg Darshak Manch, 2000 3 SCC 29

    3. Vineet Kumar Mathur Vs. Union of India, 1996 7 SCC 714

    4. M. C. Metha Vs. Union of India, 1997 2 SCC 353

    Answer: d

  34. The increased noise level can cause loss of hearing and irreversible changes in nervous system. Mention the Safe Noise Level fixed by the World Health Organisation.

    1. 80 decibels

    2. 90 decibels

    3. 60 decibels

    4. 45 decibels

    Answer: d

  35. The United Nations proclaimed which of the following day as the “International Drinking Water Supply and Sanitation Decade”

    1. 10th Nov. 1980

    2. 12th Sept. 1980

    3. 10th Nov. 1990

    4. 12th Sept. 1990

    Answer: a

  36. The Central or State Board under the Water (Prevention and Control of Pollution) Act, 1974 is required to meet at least

    1. every one month

    2. every two months

    3. every three months

    4. every six months

    Answer: c

  37. The “precautionary principle” and the “polluter pays principle” are part of the Environmental Law of our country.

    1. True

    2. False

    3. Partly true and partly false

    4. None

    Answer: a

  38. “International Law is defined as Law of Nations or International Law is the name for the body of customary and conventional rules which are considered legally binding by civilized States in their relation with each other.” Above statement is attributed to

    1. Charles G. Fenwick

    2. J. G. Starke

    3. J. L. Brierly

    4. L. Oppenheim

    Answer: d

    • Assertion (A): Custom is a rule of conduct, obligatory on part of those who are within its sphere, established by long usage and practice.
    • Reason (R): Rule of conduct are obligatory in any established sphere.
    1. Both A and R are true and R is the correct explanation of (A).

    2. Both A and R are true, but R is not the correct explanation of (A).

    3. A is true, but R is false.

    4. A is false, but R is true.

    Answer: b

  39. Which of the following statements is true?

    1. Pacta tertius nec nocent nec prosunt, means the UN Charter cannot bind non members.

    2. The General Assembly has the essential element of binding decision.

    3. The Security Council is an advisory body only.

    4. The Security Council may never take action involving use of armed forces.

    Answer: a

  40. In which case the following principle was laid down? “The absence of one party's consent to jurisdiction when proceedings were instituted was cured by subsequent consent to jurisdiction given outside, and without specific reference to the proceedings before the court.”

    1. Mavrommatis Palestine Concessions case (Jurisdiction), PCIJ Series A, No. 2, P. 34

    2. Corfu Channel case (Preliminary objections), ICJ Rep. 1952, PP. 102 – 03

    3. Electricity Co. Of Sofia case, Series A/B. No. 77, P. 77.

    4. Right of Passage Over Indian Territory case (Preliminary objections), ICJ Rep. 1957, P. 125.

    Answer: a

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

    List-I List-II
    1. Positive International Morality

    2. Source of International Law

    3. Agreement of States

    4. Subrogation

    1. Treatycontract

    2. Stepping into shoes of another

    3. Judicial pronouncements

    4. John Austin

    • A
    • B
    • C
    • D
      • 4
      • 2
      • 3
      • 1
      • 4
      • 3
      • 2
      • 1
      • 3
      • 4
      • 1
      • 2
      • 4
      • 3
      • 1
      • 2

    Answer: d

  42. Which of the following statement is true?

    1. A recommendation of General Assembly may be without true legal effect, it may have effects of a moral and political character.

    2. A decision of General Assembly may be with true legal effect, it may not be without effects of a moral and political character.

    3. A decision of General Assembly is immoral and unethical, if it is without true legal effect.

    4. None of the above:

    Answer: a

  43. Legal effects of recognition are

    1. Recognised State can sue in municipal courts of recognizing State.

    2. Recognised State can claim possession of property situated within jurisdiction of the recognizing State which formerly belonged to preceding government.

    3. The recognized State becomes entitled to claim sovereign immunity from being impleaded in the municipal courts of the recognizing State.

    4. The recognized State acquires the capacity to enter into diplomatic relations with other States and to conclude treaties with them.

    Codes:

    1. 1 only

    2. 1 and 2 only

    3. 1, 2 and 3 only

    4. 1, 2, 3 and 4

    Answer: d

  44. Which one of the following is not condition with regard to the persons who may be adopted, under Hindu Adoptions and Maintenance Act, 1956?

    1. He or she must be a Hindu.

    2. He or she must has not already been adopted.

    3. He or she must consent to adoption.

    4. He or she must has not completed the age of fifteen years, unless there is custom.

    Answer: c

  45. The right to contract a minor in marriage under Muslim Law, belongs, successively to

    1. Father

    2. Mother

    3. Paternal grand father

    4. Brother

    Codes:

    1. 1, 2, 3, 4

    2. 1, 3, 4, 2

    3. 3, 4, 1, 2

    4. 2, 3, 4, 1

    Answer: b

  46. Under Section 19 of the Hindu Marriage Act, 1955, a petition in a Matrimonial case has to be filed at the place

    1. where the respondent, at the time of the presentation of the petition, resides.

    2. where the parties to the marriage last resided together.

    3. in case the wife is the petitioner, where she is residing on the date of presentation of the petition.

    4. All the above:

    Answer: d

  47. In which of the following case the question of constitutional validity of Section 9 of the Hindu Marriage Act, 1955, came for consideration for the first time?

    1. Saroja Rani V. Sundarshan Kumar

    2. Bipin Chandra V. Prabhavati

    3. Savitry Pandey V. Premchandra Pandey

    4. Lachman V. Meena

    Answer: a

  48. In which of the following case, the court held that “Dower is a sale-price of women”

    1. Humara Begam's case

    2. Abdul Kadir's case

    3. Subrunnissan's case

    4. Shah Bano's case

    Answer: c

  49. “Single Act of adultery” is a ground for

    1. Judicial Separation

    2. Divorce

    3. Divorce and Judicial Separation both

    4. None of the above

    Answer: c

  50. Dower in Muslim Law is

    1. Dowry

    2. An obligation imposed upon husband as a mark of respect for wife.

    3. Sale price of woman.

    4. Consideration for marriage.

    Select the correct answer by using the codes given below:

    Codes:

    1. 1, 3 and 4 are correct.

    2. 2 and 3 are correct.

    3. 2 and 4 are correct.

    4. 1 and 3 are correct.

    Answer: c

  51. Match List-I with List-II and give the correct answer by using the codes given below:

    List-I (Provisions) List-II (Sections of Hindu Marriage Act, 1956)
    1. Registration of Hindu Marriages.

    2. Divorce by Mutual Consent.

    3. Legitimacy of children of void and voidable marriages.

    4. Divorced persons when may marry again

    1. Section B

    2. Section 16

    3. Section 8

    4. Section 15

    • A
    • B
    • C
    • D
      • 1
      • 2
      • 3
      • 4
      • 3
      • 1
      • 4
      • 2
      • 2
      • 3
      • 1
      • 4
      • 4
      • 2
      • 3
      • 1

    Answer: c

  52. The movement for protection of human rights gained greater momentum after ______.

    1. American War of Independence.

    2. Second World War

    3. Atlantic Charter, 1941

    4. The European Convention on Human Rights, 1950

    Answer: b

  53. The following period was desgnated by the United Nations as the UN Decade for Human Rights Education?

    1. 1995 – 2004

    2. 1982 – 1991

    3. 1998 – 2007

    4. 2001 – 2010

    Answer: a

    • Assertion (A): The political implication of the theory of natural rights is that human rights, being inherent in man, existed prior to the birth of the State itself and cannot, therefore, be violated by the State.
    • Reason (R): Human rights are senior to State.
    1. Both A and R are true, and R is the correct explanation of (A).

    2. Both A and R are true, but R is not the correct explanation of (A).

    3. A is true, but R is false.

    4. A is false, but R is true.

    Answer: b

  54. “You are a human being. You have rights inherent in that reality. You have dignity and worth that exists prior to law.” This is the statement of

    1. Bhagwati, J

    2. Lyn Beth Neylon

    3. Kofi Annan

    4. None of the above

    Answer: b

  55. ‘No one shall be subjected to arbitrary asset or detention.’ Under which Article of the Universal Declaration of Human Rights, this right has been declared?

    1. Article 5

    2. Article 7

    3. Article 8

    4. Article 9

    Answer: d

  56. Section 19 of the Protection of Human Rights Act, 1993 provides protection to

    1. Army only

    2. Police only

    3. Navy only

    4. All of the above

    Answer: a

  57. In which of the following cases the jurisprudential basis of the principle to award compensation for violating Human-rights has been laid down by the Supreme Court?

    1. Visakha Vs. State of Rajasthan.

    2. Maneka Gandhi Vs Union of India.

    3. Ratlam Municipality Vs Vardhichand.

    4. Nilabhati Behra Vs. State of Orissa.

    Answer: d

  58. “Tortious liability arises from breach of duty, primarily fixed by law; this duty is towards persons generally and its breach is redressable by an action for unliquidated damages” This definition is given by

    1. Winfield

    2. Salmond

    3. Flemmings

    4. Goodheart

    Answer: a

  59. The rule currently followed in India to determine remoteness of damages was laid down in

    1. Re Polemis case

    2. Overseas Tankship (U. K.) Ltd. V. Morts Dock Engg. Co. Ltd.

    3. Liesbosch Dredger V. S. S. Edison

    4. Smith V. London and South Western Rly. Co.

    Answer: b

  60. In an action for the tort of negligence, what is not required to be proved by the plaintiff is that

    1. there is damage

    2. duty-situation arises

    3. breach of duty owed to some one

    4. breach of duty owed to the plaintiff

    Answer: c

  61. For an action of nuisance defendant can put up the following defences.

    1. The place is suitable for the purpose.

    2. It is for the benefit of the residents of colony.

    3. It is done under statutory authority.

    4. Plaintiff has consented to the act.

    Select the right code.

    Codes:

    1. 1, 2 and 3 are correct.

    2. 2, 3 and 4 are correct.

    3. 1, 3 and 4 are correct.

    4. 3 and 4 are correct.

    Answer: d

  62. Which one of the following is not a libel?

    1. A defamatory statement in print

    2. A cinematographic film

    3. Pictures

    4. Sounds or gestures

    Answer: d

  63. Match List-I with List-II. Use the codes below to select the correct answer.

    List-I List-II
    1. Rylands V. Fletcher

    2. Bourhill V. Young

    3. Sturges V. Bridgman

    4. Newstead V. London Express

    1. Defamation

    2. Negligence

    3. Liability without fault

    4. Nuisance

    • A
    • B
    • C
    • D
      • 2
      • 3
      • 4
      • 1
      • 1
      • 2
      • 4
      • 3
      • 3
      • 4
      • 2
      • 1
      • 3
      • 2
      • 4
      • 1

    Answer: d

  64. Which of the following statements is true? Select using the codes given below:

    1. Words prima facie innocent may also turn out to be defamatory.

    2. The plaintiff must explain the hidden defamatory meaning assigned to otherwise innocent looking statement.

    3. The plaintiff must show how these words relate to him.

    4. Words prima facie innocent cannot be defamatory.

    Codes:

    1. Only 1 and 2 are correct.

    2. 1, 2 and 3 are correct.

    3. 1 and 4 are correct.

    4. Only 4 is correct.

    Answer: b

    • Assertion (A): Every partner may attend diligently to his duties in the conduct of business.
    • Reason (R): Every partner must be intelligent.
    1. Both A and R are true and R is correct explanation of (A).

    2. Both A and R are true, but R is not correct explanation of (A).

    3. A is true, but R is false.

    4. Both A and R are false.

    Answer: d

  65. Registration of a firm is

    1. Mandatory

    2. Not compulsory

    3. Desirable

    4. Of no use

    Answer: b

  66. Match an item in List-I with an item in List-II, using codes given below:

    List-I (In case of a partnership) List-II (Case)
    1. Duty to account for personal profits.

    2. Duty not to compete.

    3. Duty of good faith.

    4. Right to take part in business. 4 Helmore V. Smith (1886), 35 Ch D. 436 at P.

    1. Pulin V. Mahendra (1921), 34 Cal. LJ405

    2. Suresh Kumar V. Amrit Kumar, AIR 1982 Del. 131.

    3. Gardner V. Mc Cutcheon, 4 Beav. 534 (1842)

    4. 4

    • A
    • B
    • C
    • D
      • 4
      • 2
      • 1
      • 3
      • 3
      • 1
      • 2
      • 4
      • 1
      • 3
      • 4
      • 2
      • 3
      • 1
      • 4
      • 2

    Answer: d

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

    1. Negotiable instrument – A piece of paper

    2. Negotiability – Acquisition of property by one's own conduct

    3. Nemo dat quod nonhabet – Negotiable instruments

    4. Negotiable instrument – Transfer by simple delivery

    Answer: c

  68. Which of the following statements is wrong?

    1. A condition can become warranty when waived by buyer.

    2. A condition can become warranty when buyer accepts goods.

    3. A condition can never become warranty.

    4. Under a condition, a buyer has right to reject goods.

    Answer: c

  69. Directors are

    1. only agents of a company.

    2. only fiduciaries of a company.

    3. only servants of a company under a contract of employment with the company.

    4. All of the above:

    Answer: d

  70. Role of doctrine of ultra vires is

    1. to fight virus of ultras.

    2. to protect indoor managers.

    3. to confine corporate action within fixed limits.

    4. to protect directors for exercising their implied authority.

    Answer: c