Study Book For District Judge Preliminary Exmination And For Other Judicial Exams 9972449186, 9008785255

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With Foreword by HON’BLE Mr. JUSTICE

K.N. PHANEENDRA

JUDGE, HIGH COURT OF KARNATAKA

By

Ms. SHEELA ADAVEESHAIAH LL.M. ADVOCATE, BANGALORE.

d SIUDY BOOK FOR DISTRICT JUDGE PRELIMINARY EXAMINATION лмо FOR OTHER JUDICIAL EXAMS

With Forward by

HON’BLE Mr. JUSTICE

К.М. PHANEENDRA

Ву:

Ms. SHEELA ADAVEESHAIAH LLM. Advocate, Bangalore OBJECTIVE TYPE MULTIPLE CHOICE QUESTIONS WITH ANSWERS WITH MORE THAN 500 CASE- LAW REFERENCES ON MORE THAN 24 SUBJECTS IN CIVIL AND CRIMINAL LAW

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New Town, Bhadravathi - 577 301 Edition : 2016 Pages : XIV + 409

Price Rs. 1250/-

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Advocate E-mail : [email protected] Mob : 9972449186 ж

Book Layout : Varnarathna Graphics, Bangalore-53, 9008785255 *

Printed at : Jyothi Graphics Printers # 4, 6th Cross, 4th Main, Agrahara Dasarahalli, Bangalore - 560 079. Copy right is reserved. This book is sold subject to the condition that it shall not by way of trade or otherwise be sold, re-sold or otherwise circulated in any form of binding, cover or

title other than in which it is published and that no part of this book shall be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording or any information storage and retrieval system, without the Publisher’s Prior written consent.

| Persistent efforts are made and utmost care has been taken while preparing this book. Inspite of this, some mistakes or omissions might have crept into it. Readers are requested to consult the full law report or the Gazette concerned. The author, publisher or anybody in the line of sale of this book shall not be liable for any action-civil, criminal or otherwise for any damage or inconvenience caused as a result of misinterpretation or misapplication of the law or due to any inadvertent mistake or omission. Sale of the book is subject to the above conditions.

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Dedicated to My Beloved Parents without whose Blessings I would not have reached here

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Judge, High Court of Karnataka Bangalore - 560 001 Dated 21“ June 2016

FOREWORD I, have great pleasure in writing this foreword to Ms. Sheela Adaveeshaiah, Advocate, Bengaluru. Though I do not know the background of the author but, I am given to understand after going through her work on the present book and preface to the book, that she is venturing to do some good work for the benefit of the Legal System, shows her strive towards social and legal development. I am very deeply moved by the noble gesture shown by the author towards our great Indian culture, in dedicating her work to her beloved parents. It is said, “A sincere, dedicated and devoted, person will always thirst for rendering yeomen service to the Society". Advocates and Judges in particular, should always equip themselves with legal knowledge with service motives and see such knowledge and motive is to its optimum level utilized for the benefit ofmankind and for legal and social development. It should always be borne in mind that the Judicial system is committed to the cause of achieving constant growth to have an orderly society and good governance in a democratic set up by implementing noble and laudable objects of Constitution of India. In this context, Bar and Bench are the two wheels of the judicial chariot. The Bar should make admirable contribution, for development of the legal system in the Country. The contribution of dedicated, knowledgeable, eminent, sincere and honest advocates as Judges to the Benchisa great service tothe system.

In this backdrop, the author of this Book, Ms. Sheela Adaveeshaiah, Advocate, Bengaluru, has made all her efforts to bring out this Book which is named as "Study Book For District Judge Preliminary Examination and for other Judicial Services Exams", for the benefit of such persons, who are the aspirants of becoming Judges to serve the Judicial System. The effort of the author is admirable and requires recognition and encouragement. The present work of the author deals with various subjects of legal importance, beneficial to advocates, students of law and the persons who

A glance are aspiring to become judicial officers by taking competitive examination. Book of the contents of the book and perusal of its importance clearly indicates that, the is of very great assistance to such persons who would like to become Judicial Officers. The author has worked on various important legal subjects i.e., more than 24 subjects, and prepared all types of objective questions, which show the enormous effort and labour put on by the author, which requires to be acknowledged and appreciated by one and all. The contents of the book would definitely make the persons who studies it, confident to face any Judicial Officers' Preliminary Examination. The questionnaire framed and the answers given on various subjects, show that the author had burnt lot of mid night oil and put all her efforts to bring out a worthy book. Of course, there cannot be any work with zero defective, but all care has been taken by the author to reach near to perfection. We should always remember that “A saner thought will always throw more light even on the same subject".

I am given to understand that, this appears to be the first venture of the author in the field of legal literature. I congratulate Ms. Sheela Adaveeshaiah, Author of such an innovative and informative book. I wish, hope and trust that, this book would

achieve its objective and goal. I wish the Author all future success in her endeavor and hope many more books and publications flow from the pen of the author and thus contribute towards enriching the legal system. With all Best Wishes and Warm Regards.

PREFACE Judiciary acts as watchdog in Democracy. A functionary Judiciary is the guarantor of fairness and a powerful weapon against corruption. Administration of Justice is the primary function of the Judiciary. In this regard, subordinate Judiciary plays the pilot role. The subordinate judiciary is the foundation of the edifice of the judicial system. It is, therefore, imperative, like any another foundation, that it should become as strong as possible. The weight on the judicial system essentially rests on the subordinate judiciary. The judges of the District Courts and the Courts subordinate thereto, are generally termed as Subordinate Judicial Service. Even the relevant Rules of Recruitment refer them as “Subordinate Judicial Service’. Justice Shetty Commission Report has opined that, word “subordinate”, is not appropriate and the word “subordinate” conveys not only the state of being subordinate, but also indicates ‘inferiority’ in status, position, rank or order and further indicates an act of submission and obedience to authority. Justice Shetty Committee also opined since these judges function independently in judicial function, though they may be under the control of the High Courts in matter of administration of justice but still that does not justify them being branded as “Subordinate Judiciary” and recommended rechristening this name conferred to them.

Subordinate Courts/ judiciary is state subject and the appointment of the members of the subordinate is made by the Governor. Clause (1) of Article 233 says that “appointment of persons to be, and the posting and promotion of, district judges in any State shall be made by the Governor of the state in consultation with the High Court exercising jurisdiction in relation to such State”. Article 235 vests control over the subordinate courts in the High Court. As a matter of practice, selection of District Judges are made by the High Court on the basis of which, formal order of appointment is issued by the Governor.

Hon’ble Supreme Court of India in All India Judges Association vs. Union of India, (2002) 4 SCC 247 has considered the method of recruitment to the posts of ‘District Judges and Additional District Judges’ and interpreted them in the ‘Cadre of Higher Judicial Service’. Supreme Court observed that “We are of the opinion that there has to be certain minimum standards, objectively adjudged, for the officers who are to enter the Higher Judicial Service as Additional District Judges and District judges. While we agree with the Shetty Commission that the recruitment to the Higher Judicial Service Vil

ld be 25 percent and the process i.e., the District Judge from amongst the advocates shou both written and viva voce, we of the recruitment is to be by a competitive examination, of testing the suitability of are of the opinion that there should be an objective method service”. the subordinate judicial officers to the Higher judicial

n vs. Though in Hon’ble Supreme Court of India in All India Judges Associatio

d of testing the Union of India, (2002) 4 SCC 247 has recommended objective metho al services, suitability of the subordinate judicial officers for promotion to the higher judici

nation many of the States have adopted objective method of testing in Preliminary Exami inthe direct recruitment to the higher Judicial services based on competitive examination comprising of 3 stages i.e.,(1) Preliminary Examination (2) Main Examination and (3)

Viva Voce.

This method of direct recruitment by competitive examination comprising 3 stages is quite similar to the competitive examination conducted by the Union Service Commission (UPSC) for appointing Civil Servants in India. This process is scientifically and strategically framed and helps the System to absolve best talents to serve the Nation. This proposition was also emphasized in many of theAdministrative Commission Reports and Law Commission Reports. The first Law Commission and 8" Law Commission as well as First National Pay Commission headed by Justice K.Jagannatha Shetty , recommended the creation of “АП India Judicial Services" in parallel with the Civil Services conducted by the UPSC , but it was failed to gather majoritv support of various high courts when it was sent for the opinion of the States. However there has been a consistent view that, recruitment of District Judge cadre shall be made by direct recruitment. In this background that, it is notable factor that Government of Karnataka on 26" April, 2016 has amended Karnataka Judicial Services (Recruitment) Rules, 2004 and introduced 3 stages in Competitive Examination for the recruitment of cadre of District Judge post. As per the amendment, the Competitive examination comprises (i) Preliminary examination that consist of Objective Questions (ii) Main Examination-Subjective Questions and (3) Viva voce. The syllabi for the Preliminary examination shall be Part A- Civil Law, Part B- Criminal Law and Part-C- General Knowledge (Test for reasoning and mental Aptitude). Though more than hundreds of acts can be identified under the broad category of ‘Civil Law’ and ‘Criminal law’, this book consist of objective/ multiple questions with answers on more than 24 subjects under the broad category of civil and criminal law and major portion of the questions on many of the subjects have been

framed on the basis of ratio decidendi laid down by the Hon’ble Supreme Court of India in those cases and in majority of subjects, all the landmark judgments till 30% May, 2016 have been included. To my view, this knowledge will be beneficial not only to this exam but also to the legal practice. It is my humble Endeavour to assist my fellow collogues who aspire to join District Judge cadre by competitive examination.

Each question in every subject has been framed after in-depth study and identifying relevancy to the exam and they are only illustrative and not exhaustive in nature. While questions on Constitutional Law, Environmental Law, Right to Information Act, and Consumer Protection Act are based on landmark judgments, whereas in Evidence

Act, Criminal

Procedure Code, Indian penal Code,

Law of Torts, Family

Laws Administrative Law, labour Laws, Specific Relief Act, Company Law, Human Rights are on important provisions and of content based with landmark judgments. On the other hand, questions in Civil Procedure Code, Limitation Act, Legal Theory, Information Technology Act, Intellectual Property Rights, PartnershipAct, Sale of Goods Act, Negotiable Instruments Act are purely on significant provisions in each subject. Few questions on Prevention of Corruption Act, Narcotic Drugs and Psychotropic substances Act, Prevention of Children from sexual Offences Act, Juvenile Justice (Care and Protection of Children) Act and Protection of Women from Domestic Violence are added just to illustrate how the questions can be asked from these subjects.

With respect to Constitutional law of India, Me, being the constitutional law teacher, I have referred more than 300 landmark judgments and judgment dated 17% April, 2016 in Sankalp Charitable Trust & Ars. vs. Union of India and Ors., where Hon’ble Supreme Court of India directed Central Board of Secondary Education to conduct National Eligibility cum Entrance Test (NEET) in two phases for the Medical and Dental courses in India which is considered as landmark judgment in professional courses education in India. In Human Rights, judgment dated 12th May, 2016 in Jeeja Ghosh vs. Union of India where Supreme Court slashed INR 10,00,000/ - (Ten Lakhs Ruprees Only) оп private airlines ‘Spice Jet’ for pulling disabled petitioner Ms. Jeeja Ghosh out from the plane merely because the Pilot felt that her presence is threat to the flight. In this case, Hon'ble Supreme Court held that *private airlines like their public counterpart, are equally liable under the numerous international covenants and instruments guaranteeing rights to the person with disabilities. This judgment is marked as victory towards empowering the disabled in India. With respect Criminal laws and Evidence

|

Act, Ihave also included Delhi Domestic Working Women's Forum vs. UOI and Ors., 1995 1 SCC 14,State of Punjab vs. Gurumith Singh, AIR 1996 SC 1396 and Sakshi vs. Union of India , AIR 2004 SC 3566, which are considered as landmark judgments with respect to criminal law jurisprudence and with respect to protection of rape / child sexual abuse or rape victims in India. For more accuracy, citations for case laws is also added in the answer column. Since Preliminary examination for Civil Judge (Jr.) Division based on Objective type/multiple choice questions has already been conducted in Karnataka in the year 2012, 2015 and 2016 for the ease of my professional colleagues those question papers with answers has also been incorporated in this book. Please note that, since prequalification for taking up Civil Judge (Jr) Division examination is only completion of degree and enrolling oneself as an Advocate and no additional experience is mandated, the standard of question asked are of simple in nature to test the candidates

basic knowledge of the subject and hence the same standard of questions are not expected to District Judge Preliminary Examination. Further the syllabi for Civil Judge (Jr.) is also confined only to few subjects. Though this book is written in background of Direct Recruitment of candidates for the Post of District Judges, since the syllabi for the Direct Recruitment of candidates in all States remains same and multiple/objective questions in this book are framed on central laws this study book is relevant for all.

Гат indebted to my teacher Prof (Dr).GR. Jagadeesh, Principal, CBR National College of Law, Shivamogga, without his constant moral support, I would have not achieved excellence in my academics in my graduation.

With great humility, I express my gratitude to the Hon'ble Mr. Justice K.N. Phaneedra, Judge, High Court of Karnataka, for perusing my book and writing illuminating Foreword, in spite of his hectic schedule. І also express my deepest gratitud e to all his admiring and inspiring words.

- Sheela Adaveeshaiah, Advocate, Bangalore.

Е T

SCHEME OF EXAMINATION ( As per Notification No. GOB(1)40/2016 Dated 15th June, 2016 of Karnataka Government for the Direct Recruitment of candidates to the post of District Judges)

The Competitive Examination for recruitment of District Judges shall consist of stages namely (a)

Preliminary Examination

(b

Main Examination and

(c) (I)

_ Viva-voce

PRELIMINARY

EXAMINATIONS:

The Preliminary Examination shall be

conducted by way of Objective Type of question Paper with multiple Choices of 1 and half hours (Ninety Minutes) duration consisting of 100 marks. The syllabi for

the said shall be following, namely:Part-A- Civil Law

Part-B-Criminal Law Part-C-General Knowledge (Test of Reasoning and Mental aptitude)

(AD

MAIN EXAMINATION: The Competitive written Examination for the recruitment of District Judge shall

consist of (i)

Written Examination of two papers each of three hours duration with

maximum marks each for each paper- one in Civil Law and another in Criminal Law (ii)

Itis compulsory for all the candidates to answer at least one of the paper in

English language and in so far as the other paper is concerned, it shall be optional for the candidates to answer the same either in English or in Kannnada in which event the said paper shall be answered entirely in the

language in which option is exercised.

———ÓÁà

——————

(Ш) VIVA-VOCE: (1) (ii)

The viva-voce shall carry maximum of 50 marks

The candidates General Knowledge, grasp on principles of law and suitability for appointment as District Judge shall be tested.

(1)

Minimum marks for pas in the preliminary Examination shall be 50 for candidates belonging to Scheduled Castes and scheduled Tribes and 60 for others

(2)

The minimum marks for pass in each paper of the written examination carrying 150 marks, shall be 50 marks in each paper for candidates belonging to Scheduled Caste/Scheduled Tribe and 60 marks for others. However, total marks to be secured

for pass in the written examination shall be 120 marks out of 300 for Scheduled caste/ Scheduled tribe and 150 marks out of 300 for others. In order to be considered under general Category, a candidate belonging to Scheduled Caste/scheduled Tribe has to secure the minimum marks prescribed for General Category in the Preliminary Examination, Main Written Examination and Viva-Voce.

(3)

From among the candidates who are eligible for Viva- Voce as per Clause(2) as far as may be, such number of candidates as is equal to three times the number of

vacancies notified , having regard to the number of vacancies in each reserved category, selected in the order of merit. Shall be called for Viva-Voce.

(4)

Candidates belonging to a Scheduled Caste or a scheduled tribe who obtains minimum of forty percent and a candidate not belonging to a Scheduled Caste or Scheduled Tribe, who obtains a minimum marks of 50% in the viva-voce shall be eligible to be considered for selection to the posts.

(5)

Selection of Candidates shall be made in the order of merit on the basis of aggregate of the marks obtained in the written Examination and viva-voce test, subject ot he Government Orders relating to reservation of posts for Scheduled Castes, Scheduled Tribes and other backward classes.

Provided that no candidate who has secured less than the minimum marks specified above:

ox

——————

CONTENTS: Objective type/multiple choice questions with answers on:

Part- A-Civil Law

ON cae VES ыг Де es л

a)

pm —

12.

Page No.

Constitutional Law of India

1- 48

Civil Procedure Code 1908

49-76

Legal Theory

71-86

Administrative Law

87-08

Environmental Law

99-100

Human Rights

101-119

Family Laws

120-140

Law of Torts

141-156

Indian Contract Act, 1872

157-172

Labour Law and Industrial Law

173-188

Transfer of Property Act,1882

189-198

Consumer Protection Act,1986

199-208

Right to Information Act,2005

209-213

Company Law

214-224

Intellectual Property Rights

225-236

Information Technology Act,2000

237-244

Specific Relief Act,1963

245-251

Negotiable Instruments Act,1881

252-258

Partnership Act,1932

259-264

Sale of Goods Act,1930

265-271

Indian Limitation Act, 1963

272-276

Indian Evidence Act, 1872

277-302

LÁ —

OT

Part B-Criminal Law

I:

Indian Penal Code, 1860

303-322

2.

Criminal Procedure Code, 1973

323-345

3.

Other Criminal Laws:

346-356

» Prevention of Crruption Act, 1988 » Central Vigilance Commission Act, 2003

» Juvenile Justice(Care and Protection of Children) Act, 2015 » Prtoection of the Children from Sexual Offences (POCSO) Act, 2012 » Protection of Women from Domestic Violence Act, 2005

» Narcotic Drugs and Psychotropic Substances Act, 1985

Question Paper of Preliminary Examination for the Post of Civil Karnataka State with Answers

Judges of

l.

Question paper -2012

358-376

2.

Question paper-2015

377-393

3.

Question paper -2016

394-409

ж ж ж

XIV

CONSTITUTIONAL LAW OF INDIA 1.

Which one A. B. C. D.

2.

Constitution of India was adopted by the Constituent Assembly on: 26" January, 1950 A.

3.

B.

26th November, 1949

C. D.

15% August , 1947 None ofthe above

Constitution of India came into force on:

A. B.

4.

the following is considered as a supreme source of power? Supreme court of India Parliament of India President of India Constitution of India

26* January, 1950 26th November, 1949

C.

15* August , 1947

D.

None ofthe above

Consider the following statements: the (a) Secularism means that the State has no recognized religion of State. y. (b) Secularism means that the State treats all the religions equall man with God. (c) Secularism means that the State regulate the relation of Which one of the following above statements are correct? В. (a)and (c) (a) and (b) A. D. (a) (b) and (c) (b) and (с) C.

————__

——

CONSTITUTIONAL

5.

LAW OF INDIA

In Tinsukia Electricity Company vs. State of Assam, the Supreme Court pointed out that the term “Socialist” used in the Preamble to the Constitution of India, means a state whose basic policy is to: Prohibit the concentration of wealth A. Distribute equitably the natural resources. B. Uplift the concentration of wealth and uplift the living standards of C.

D.

the people Prohibit the concentration of wealth and distribute equitably the natural resources.

6.

Please choose which is incorrect: A. Republic means —Head of the State is not hereditary monarch B. Sovereign means — state does not recognizes the legal supremacy of the another country C. Democratic means- Constitution rests on people's will D. Secular means - State identifies itself with religion of its own

7.

Consider the following statements: The Indian Constitution is l. An unwritten constitution 2. А written constitution 3. Largely based on the Government of India Act, 1935 4. A gift of British Parliament Of these statements: A. 2 and 4 аге correct B. 2 and 3 are correct C. 1 and 4 are correct D: 1 and 3 are correct

8.

Which is the fundamental law of the land in India? Constitution A. B. Laws passed by the Parliament C. Laws passed by the State legislatures D. Laws executed by the President

9.

The Constitution of India totally consist of : A. 22 Parts , 395 Articles and 12 Schedules B. 24 Parts , 402 Articles and 12 Schedules C. 22 Parts , 420 Articles and 14 Schedules D. None ofthe above

à

-—_——————

CONSTITUTIONAL

10.

India, that is Bharat shall be : A.

C.

bf.

LAW OF INDIA

Federation of States Confederation of States

B.

Union of States

D.

None of the above

The structure of the Indian Constitution is : A. Federal in form and unitary in nature Unitary B. C. Unitary in form and federal in spirit D. Purely federal The Indian Constitution borrowed the ideas of preamble from the: A. Italian Constitution B. Canadian Constitution C. French Constitution D. Constitution of U.S.A

19:

Match List I with List II and give the correct answer by using the codes given below: List-I List-II (a Parliamentary form of government (i) The U.S.A Constitution (b) Directive Principles of State Policy (п) German Constitution (c) Fundamental Rights (111) United kingdom constitution (d) Emergency Provisions (iv) Constitution of Ireland Codes:

ШЕП Ш> 14.

(a)

(b)

(c (d)

(iv) (iii) (0. (1)

(mn) (iv) @) (i

(i) (1) Gn) (Qv)

(ii) (i) Gy) (ш)

In which one following case, Supreme Court has held that “States” do not enjoy sovereignty under the Indian Constitution as it does not provide for a federal character in the strict sense? A. Inre Berubari Union State of West Bengal Vs. Union of India B. State of Bombay v. R.M.D Chabarbagwala C. Shankari Prasad Vs. Union of India D. For the purpose of creating new State in India, an amendment to the Constitution

of India must be passed by: 2/3 ті majority of the members of the both houses of Parliament present A. and voting

—l

CONSTITUTIONAL

B.

C. D.

LAW OF INDIA

2/3 majority of the members of the both the Houses of Parliament present and voting and ratification by not less than 2/3 of the States. А simple majority in Parliament and ratification by not less than half of the States. A simple majority by the Parliament.

Preamble of our constitution is of extreme importance and the Constitution should be read and interpreted in the light of the grand and noble vision expressed in the Preamble".-Justice Sikri expressed the above opinion in the case of : A. Inre Berubari Union B. Keshavanda Bharati Vs. State of Kerala C. A.K. Gopalan Vs. State of Madras D. шге Kerala Education Bill 17.

In India, sovereignty lies with: A. The Constitution C. The Parliament

B. D.

The Supreme Court The People

18.

Social, political and economic justice is an idea: A. An idea enshrined in the Preamble to the Constitution of India B. Guaranteed by Fundamental Rights in the Constitution of India C. А Directive Principle of State Policy taken into consideration while making enactments D. Guaranteed to the people by the writs issued by a High court and Supreme Courts.

19;

The Supreme Court held in which of the following cases, that preamble is not the part of the Constitution of India? A. Berubari case B. A.K Gopalan case C. Balajicase D. Minerva Mills case Through 42" Amendment to the Constitution, which ofthe follo wing ‘Expressions’ were added to the Preamble? (a) Sovereign (b) Socialist (c) Secular (d) Integrity Codes:

20.

Е a

TITUTIONAL LAW OF INDIA ———————————— CONSSÀBMHMONALLAWOFINDA

A. C.

Only (a), (b) and (c) Only (2), (c) and (d)

B. D.

OZ OOOO

Only (b), (c) and (d) (а), (b), (c) and (d)

21.

Which of the following statement(s) is/are incorrect? a) In Keshavanada bharati case, the Supreme Court has said that the Preamble to the constitution is a key to open the mind of makers. b) "Socialist and Secular" words were added to the Preamble by 44% Amendment of the Constitution. c) Preamble can only be amended if it violates the Basic feature of the Constitution. d) Since Preamble is not Article so it is not the part of the Constitution. Codes: A. Оцу (Б) В. (c)and(d) С. (а), (b) and (c) D. (а), (b), (с) and (d) all are incorrect.

22.

Which one of the following statements 15 correct? The Preamble to the Indian Constitution declares the resolve of the people of India to secure to all its citizens A. Freedom of residence anywhere in the country B. Rightto establish and administer educational institutions of choice C. Liberty of belief, faith and worship D. Right to education at primary level

23.

Part III of the constitution is about: A. Fundamental Rights B. Directive Principles of State of Policy C. Union Judiciary D. None of the above

24.

The term ‘State’ as mentioned in Article 12 of the Constitution of India includes: Life Insurance Corporation of India

Indian law Institute Institute of Constitutional and Parliamentary studies Affiliated by privately owned and managed colleges

gos

qo

3

CONSTITUTIONAL

25.

LAW OF INDIA

to In which of the following amendment the words Nothing in Art. 13 shall apply any amendment made under Art. 368 were inserted? B. 24" Amendment 22" Amendment A. D. 44th Amendment 42" Amendment C.

26.

ALaw, which abridges Fundamental Rights, is not a nullity but remains inoperative till the shadow of the Fundamental rights falls over such rights. This is known as the Doctrine of : B. Pleasure Eclipse A. D. Pith and substance Severability C.

27.

While interpreting the phrase “Equality before the Law” contained in Art. 14 of the Constitution of India, the Supreme Court constantly maintained that the equality means Absolute equality among human beings Equal treatment to all person Equality of status in the Preamble of the Constitution Among equals, the law should be equal and should be equally administered.

cow»

28.

In which case, Supreme Court held that “Judiciary in India acting on judicial side cannot be considered as a ‘State’ under Art. 12 of the Constitution and only when the Courts are to deal with their employees or act in other matters purely in administrative capacity, they may fall within the definition of State for attracting writ Jurisdiction’? A. Riju Prasad Sharma Vs. State of Assam B. Krishna Moorthy Vs. Sivakumar C. Satya palsingh Vs. State of Madhya Pradesh D. None of the above

29.

Assertion (A) : Fundamental Rights are Justiciable rights Reason (R) : In case of violation of Fundamental rights one can move High court and Supreme Court seeking protection. Codes: A. (А) is correct, and (К) is the correct explanation of (A). B. (А) is correct, but (R) is not the correct explanation of (A). C. (A)is correct, but (R) is wrong. D. (A) is wrong, but (R) is correct

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30.

Subject to few exceptions, Fundamental rights of the individual are mainly available against action. A.

Executive

B.

Court

C.

State

D.

Legislature

31.

Fundamental Rights incorporated in the Constitution in Part -III are grouped under categories Жыга EX B. Seven C. Four О. Five

32.

Match List —Ї with List-II and select the correct answer using the codes give n below: (1) (i) (iii) (iv)

Doctrine Doctrine Doctrine Doctrine

List -I of Eclipse of Severability of Waiver of Pith and Substance

List-II (a) . RMDC Vs.Union of India (b) State of Bombay Vs.F.N Balsara (c) Bhikaji Vs.State of M.P (d) Ваѕһеѕһаг Nath Vs. Income Тах Commissioner

Codes:

(i)

(ii)

(i)

(v)

(с) (b (с) p> GOW (d)

(b) (c) (a) (b

(d) (a (d) (©

(а) (d) (b) (a

33.

Article 15(3) of the Constitution of India empowers the State to make special provision for: A. Reservation in employment of freedom fighters B. Women and children C. Reservation in employment for physically handicapped persons D. All the above

34.

Theright to “equality before the law" constrained in Art. 14 of the Constitution of India is available to A. Natural persons only B. Legal persons only D. All persons whether natural or legal Citizen of India only C.

INDIA

LAW OF CONSTITUTIONAL e ee

35:

restriction in the In accordance with the text of the Constitution, a reasonable

interest of A. B. C. D. 36.

‘sovereignty and integrity’ of India can be imposed on the right to : Freedom of speech and expression Move freely throught the territory of India Toreside and settle in any part of the territory of India Carry on any occupation, trade or business

Without paying proper remuneration, labour taken from the prisoners is ‘forced labour’ and violation of Art. 20 of the Constitution of India A. Аг. 21 of the Constitution of India B. C. D.

Art. 22 of the Constitution of India

Art. 23 of the Constitution of India

n

Freedom of Religion is guaranteed to us by virtue of Art. A. Art. 19 to Art. 21 B. Art.25 1028 C. “Ай 261028 D. Art24 to 28

38.

“Secularism as the basic structure of the Constitution has been held to be so on the basis of more than ‘50 years’ experience of the working of the constitution. The complete apathy for all kinds of religious teachings in institutions of the State have not helped in removing mutual understandings and intolerance inter se between sections of the people of different religious faiths and beliefs".-This was stated by the Supreme Court of India in A. Aruna Roy (Ms) Vs. UOI B. Arunditi Roy Vs. UOI C. P.A. Inmadar Vs. State of Maharashtra D. Unni Krishna Vs. State of U.P

Do

Which one of the following is the correct statement? Double Jeopardy means: A. Trying two persons jointly for the same offence B. Trying the same person for two offences at two different times C. Putting the same person on trial twice for the same offence D. Trying a person for two offences committed by him in one incident

i —————— ——

a

40.

CONSTITUTION AL UUU USO ONAL

a

LAW LAW OF OF INDIA INDIA

Z

OOZOOOOOO

Which of the following statement/s is/are correct? Art. 20 (2) forbids double punishments for the same offence contains which of

these essentials? (a) There must be a person accused of an offence and the proceedings of the prior prosecution should have taken place before a ‘court’ or ‘Judicial Tribunal’. (b) Proceedings on prosecution must have been in reference to a law which creates offences;

(c)

First prosecution must have resulted in conviction/punishment before a competent court;

(d)

The Second Prosecution must be for the same offence. If the offences are different or ingredients of offences are different Art 20 (2) will not be attracted. Codes: A. C.

Only(b) (b)and (c) only

B. (c) and (d) only D. (a) (b), (c) and (d)

41.

The Constitution 86" Amendment, 2002 inserted the provision for right to education which provides for that, the state shall provide free and compulsory Education to all the Children in such a manner as the state may, by law, determine. The age of such children should be A. 7to 12 years B. 6 to 14 years C. A 1210.18 years D. 12years

42.

The word ‘practice’ mentioned in the Art. 25 does not include: A. Propagation B. Religious worship C. Rituals D. Observations

43.

In which case, Supreme Court has upheld the validity of Haryana Panchayat Raj (Amendment) Act, 2015 which introduced the minimum educational qualification for candidates to contest the panchayat elections? Rajbala and Ors. Vs. State of Haryana and others A. Amarnath and others Vs. State of Haryana and others B. B.S. Joshi and others Vs. State of Haryana and others C. D. Noneofthe above

———— O ———————

CONSTITUTIONAL

44.

LAW OF INDIA

“In the pame of artistic freedom or critical thinking or generating the idea of creativity, a poet or a writer cannot put into voice or image of ‘historically respected personality’ like Mahatma Gandhi, such language which may be obscene’Supreme observed this in: Devidas Ramachandra Tuljapurkar Vs. State of Maharashtra & Ors. A. Jeeja Ghosh Vs. Union of India B. S.R. Sukumar Vs. Union of India

C. D.

None of the above

45.

Which one of the following is not expressly covered as a Fundamental Right under the Constitution of India? Right to form association A. Rightto equality before Law B. C. Right to freedom of Press Right to assemble peaceably and without arms D.

46.

1 amendment to the Constitution inserting Clause (4) to the Art. 15 was done by the then Law Minister Dr. В.К Ambedkar as result of the decision in: A. Champakam Dorairajan vs. State of Madras B. Minerval Mills vs.UOI C. Golaknath vs. State of Punjab D. None of the above.

47.

Arrange the following decisions of the Supreme Court on Fundamental Rights relating to personal liberty in the chronological sequence? (a) Maneka Gandhi vs. Union of India (b) ADM Jabalpur vs. Shivakanth Shukla (c) A.K. Gopalan vs. State of Madras Selct the correct answer using the codes given below:

A. B. C. D. 48.

(c)(b)(a) (b)(a)(c) (5) (е) (а) (а) (b) (о

Which one of the following is the correct statement? After exhausting all available remedies before the Supreme Court, a “Curative” petition is maintainable as held in:

LS

—————

CONSTITUTIONAL LAW OF INDIA ENE LAWUNFENDIA.

A. C.

Ashok Hurra case Best Bakery case

B. D.

0

0

A.R. Antulay case Fodder scam case

49.

Article 16 (4A) which gives the power to the states to make laws regarding reservation in favour of Scheduled castes and scheduled Tribes in classes of posts in the services under the State was added by the: A. 75* Amendment to the Constitution B. 76% Amendment to the Constitution C. 77% Amendment to the Constitution D. 78" Amendment to the Constitution

50.

Which of the following statement(s) is/are correct? There are few fundamental rights which are available against private individuals and they are: (a) Right to have access to a shop, public restaurant, hotel, cinema or any other place of public entertainment-Art. 15 (2) (a). (b) Right emerging from the abolition of untouchability- Art. 17 (c) Right of the child against being compelled to undertake hazardous employment —Art. 24. (d) Right to use wells, tanks, bathing ghats, roads and other like places maintained at public expense or dedicated to the general public[15 (2)

(b)]. Codes: Опу (6) A. (b)and(c) only C.

В. D.

(с) and (d) only (a)(b),(c) and (d)

ST.

In which of the following case/s, the Supreme Court has held that the word ‘law’ in Article-21 does not mean merely enacted piece of law but must be just, fair and reasonable law? A.K. Gopalan Vs. State of Madras A. Maneka Gandhi Vs. Union of India B. C. Both A and B D. None of the above

52.

Doctrine of Pleasure is related to: A. Fundamental Duties C. Directive Principles of State Policy

—

l l

B. D.

Fundamental Rights None of the above.

CONSTITUTIONAL

25.

er persons as Third Gender " In which case, Supreme Court held that, "7jransgend and extend reservation in and ordered the government to treat them as minorities jobs, education and other amenities? National Legal Services Authority vs. UOI & Ors. A. PUCL vs. UOI B. Delhi Domestic Working Women Forum vs. UOI C. D.

54.

LAW OF INDIA

Both A and B

tant “IfI was asked to any particular Article in this Constitution as the most impor to an Article without which this constitution would be a nullity, I could not refer ТЕЛ It is the soul of the any other Article except this one (Article E PA EEIE Constitution and the very heart of it.” Who’s Observation are these? B. Dr.B.R.Ambedkar Justice P.N. Bhagawati A. D. Pundit Jawaharlal Nehru Justice V.R. Krishna Iyer C.

95.

Which of the following statement(s) is/are incorrect? Chapter III of Fundamental Rights of the Constitution is based upon a) Bill of Rights of the U.S.A ‘Right to Die’ is a Fundamental Right under Article 21 of the b) Constitution. Indian Constitution is Complete Federal Constitution. c) Fundamental Rights can be waived under the Indian Constitution d) Codes: A. Опу (6) В. (с) and (а) only С. (b)and(c) only D. (b), (c) and (d)

56.

Reservation of seats in educational institution in favour of Scheduled Castes and Scheduled Tribes is governed by A. Art. 15 (4) of the Constitution B. Art. 16 (4) ofthe Constitution C. Art. 29 (2) of the Constitution D. Art. 14 of the Constitution

5

In which case, Supreme Court held that Writ Petitions are maintainable even against ‘Deemed Universities’? A. Dr. Janet Jaypaul vs. SRM University & Ors. B. State of U.P Vs. Anup Singh C. Both Aand B D. None of the above

$2

————————

CONSTITUTI ONSI U MONAL ONAL

—

LAW OFINDIA LAW OF INDIA

ŻŽ _—čŻč OZ OoOO

O

58.

Right to Education Art. 21-A has been added to the Constitution by: A. Eighty Sixth Amendment Act, 2002 B. Eighty First Amendment Act, 2000 C. Eighty Fifth Amendment Act, 2001 D. Eighty Second Amendment Act, 2000

59.

Which is very important case with respect to Right to speedy trial? A. Sunil Batra Vs. Delhi Administration Рагтапапаа Katara Vs. UOI B. C. Hussainara Kahtoon Vs. Home Secretary, State of Bihar D. None of the above

60.

Assertion (A): In Air India Vs. Nargesh Mirza, Supreme Court struck down the Air India and Indian Airlines Regulations with respect to women i.e., Regulation 46 which provided that an air hostess would retire from the services of the corporation upon attaining the age of 35 years, or on marriage, if it took place within four years of service or on first pregnancy, whichever occurred earlier. Reason: (R): This regulation was struck down as unconstitutional on the ground that the conditions laid down therein were entirely unreasonable and arbitrary. Codes: A. B. C. D.

61.

In which case/s Supreme Court on 27" Sept, 2013 ruled that right to register "None of the above" (NOTA) vote in elections should apply and ordered the Election Commission to provide such a button in the electronic voting machines, noting that it would increase participation in elections? Peoples Union for Civil Liberties Vs. UOI A.

B. C. D.

62.

(А) is correct, and (R) is the correct explanation of (A). (А) is correct, but (R) is not the correct explanation of (A). (A)iscorrect, but (R) is wrong. (A) is wrong, but (R) is correct

Common cause Vs.UOI BothAandB None of the above

In which case/s, Supreme Court observed that “There should not be politician photos in government advertisements "? Common Cause Vs. Union of India & Ors. A.

CONSTITUTIONAL

B.

Vikram Singh Vs. UOI

C.

None of the above Both A and B

D.

63.

LAW OF INDIA

er by using the codes Match list -I with List-II and give the correct answ given below the Lists: List-II (Amendment) List -I-(Added/Amended Provisions) (i) 24 Amendment Act, (a) Art. 15 (4) providing for specialprovisions 1971 for Socially and educationally backward classes

(b) (c)

Art. 13 (4) providing for nothing shall apply to any constitutional amendment

(ii) Constitution 85^

Art. 16 (4A) providing for consequential

(iii) Constitution 86"

seniority with promotion to SC/ST. (d)

Amendment Act, 2001

Amendment Act, 2002 (iv) Constitution 1*

Art. 21-A providing for Right to

Amendment Act, 195]

Education as Fundamental Right. Codes:

64.

65.

(a

(b

(o

(d)

ün

(1)

Qv)

(D

(i) (iv) Mog@)

(iv) (Q0) (i).

(ш ш Qv),

Q) m (ш)

In which case, Supreme Court directed Central Board of Secondary Education to conduct National Eligibility cum Entrance Test (NEET) in two phases for Medical and Dental courses in India? A.

Christian Medical College, Vellore and others Vs Union of India and others

B.

TMA Pai Foundation and others Vs. State of Karnataka and others

C.

Sankalp Charitable Trust & Ars. vs. UOI & Ors.

D.

Noneofthe above

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

CONSTITUTIONAL

LAW OF INDIA

List-I-Principles

List-II-(Case Laws)

(a)

Equal work for equal Pay

(1)

R.D Shetty Vs. The International Airport Authority of India

(b)

“Agencies or Instrumentalities

(п)

Rudhal Shah V/s State of Bihar

of the State are covered under

(c)

(d)

the definition of state under Art. 12 of the Constitution. Fundamental Rights and Directive (ш) Ranbhir Singh Vs. Union of India Principles of the State policy are supplementary and complimentary to each other Damages can be awarded for (iv) Unnikrishna Vs. State of U.P violation of Fundamental Rights under Article 21 of the Constitution Codes:

(a) Gay Gis) (iv) OW» ©

(b) (o) Lo) Gv) (ш) (ш)

(d)

v) ini) (ic (0 () (v) (ш)

66.

In which of the following cases Supreme Court laid down detailed guidelines for the protection of Women from Sexual Harassment at Workplace? A. Vishaka Vs. State of Rajasthan B. Rudhal Shah Vs. State of Bihar М.С. Mehata Vs. Union of India C. Sheela Barse Vs. Delhi Adminstration D.

67.

In which case/s, Supreme Court held that *Acid attacked victims shall be added to Disability List"? A. B. C. D.

Parivarthan Kendra Vs. Union of India Devdas Vs. State of Maharastra BothinAand B None ofthe above

——— l——

CONSTITUTIONAL

68.

ctions by the An accused person has been provided with the following prote Constitution of India: Ex post facto laws (a) Safeguards against arrest and detention (b) (c) Double jeopardy The correct order in which these protections appear in Constitution is

A. B. C. D. 69.

(d)

71.

(c) (D (a (a

(b) (a (© (b)

(а) (c) (b (©)

Match List-I with List-II and give the correct below the lists: List-I-Prinicples (a) Compensation to person killed (1) in “Fake Encounter’(b Compensation to rape victims (ii) (c)

70.

LAW OF INDIA

answer by using the codes given

List-II-Case laws Delhi Domestic Working Women’s forum Vs.Union of India Bodhisatwa Gautam Vs.Shubra Chakrborthy Interim compensation to rape (iii) | Peoples Union for Civil Victims Liberties Vs.Union of India Protection against illegal arrest, (iv) Joginder Kumar vs State of UP detentions and custodial deaths Codes:

(a)

(b)

(o

(d)

A av) B. (ш Cr) D. (1)

vir) (i oou (ii)

win). (3) Gi) (iv) 0) - (m (ш) (iv)

Freedom Speech and Expression is guaranteed to us by the Constitution by: А. Art. 19 (1) (a) B. Art. 19(1) (b) C. Art. 19 (D) (c) D. | None of the above. Constitution provides safeguards to the accused persons in: A. Art. 19 B. Art. 20 Cu VAT 22 D. | None of the above.

— Iual 1

CONSTITUTIONAL

72.

LAW OF INDIA

Safeguards against arbitrary arrest and detention is laid down in Constitution in: Art. 20 B. Art. 19 A. Сз.

Ar 22

D.

None of the above.

73.

Which of the following statements/statements is/are correct? (a) Fundamental Rights are not absolute. They are subject to reasonable restrictions (b) Freedom of Press is implicit in Article 19 of the Constitution (c) Socially and economically backward classes of persons are entitled to get benefit under Clause( 4) of Article 15 of the constitution (d) “Equal Protection of the laws” under Article 14 of the constitution is based upon English law. Codes: A. Only (a) and (b) are correct B. (a)(b)and (c) are correct. C. (c)and (d) are correct D. (a)(b), (c) and (d) all are correct.

74.

In which case, Supreme Court ensured Right against Custodial violence as inalienable part of Right to Life and Personal Liberty in Art. 21 of Constitution? A. Sunil Batra Vs. Delhi Adminstration B. Parmananda Katara Vs. UOI C. Both A and B D. None ofthe above

75.

Match List I and List

апа select the correct answer using the code given below: List-II

List- I

(c)

To renounce practices derogatory to the dignity of women Mandamus cannot be sought against an indivisual who does not observe a fundamental duty Respect to National Anthem

(d)

Respect and dignity to national Flag

(a)

(b)

(i)

(ii)

Surya Narain Choudhary Vs.Union of India Union of India Vs.Naveen Jindal

(iii) Bijoe Emmanuel Vs.State of Kerala (iv) Union of India Vs. Naveen Jindal

CONSTITUTIONAL

(а) (i) (ii) (ii) (iii)

Codes:

oos 76.

(b (i) (i) (i) (iv)

LAW OF INDIA

(c (ш) (ш) (iv) G)

(d) (у) (Qv) (ш) Ий)

In which case, Supreme Court held that “Scheduled caste person converting his religion shall retain his Scheduled caste status-Only religion changes and not his caste"?

A. B. C. D.

TE

Mohammed Sadique Vs. Darbara Singh Guru Verhoeven Marie Emmanuel Vs. UOI and others In Both A and B

None ofthe above

The protection and improvement of the environment including forests and wildlife of the country is: Directive Principles of State Policy

Fundamental National Policy Fundamental Duty ofa citizen Both Directive Principle of State Policy and Fundamental Duty of a

cow»

citizen.

78.

It has been observed by the Supreme Court of India that the word ‘socialist’ in the preamble enables the court to lean more and more in favour of nationalization and state ownership of industry in: A. Кеѕһауапапа Bharati Vs. State of Kerala B. Excel wear Vs. Union of India C. А.В.5.К Sangh (Railway) Vs. Union of India D.

Uo

Minerva Mills Ltd., Vs. Union of India

Which one of the following pairs is NOT correctly matched? A. Colourable legislation -What cannot be done directly can be done indirectly B. Pith and substance: Incidental Encroachment on the field of another legislature is permissible. C. Territorial nexus: Subject of legislation must have territorial connection with the state.

——o&

RM

CONSTITUTIONAL

D.

80.

Repugnancy: A situation in which a law made by the Union is in conflict with a law made by the state.

Which is the case which is very important with respect to *Right against Doctor's Assistance"? A. B. C.

D.

81.

LAW OF INDIA

. Parmananda Katara Vs. UOI Sheeela Barse Vs. UOI Sunil Batra Vs. Delhi Administration Allthe above

In which case Supreme Court assured ‘Right against Solitary Confinement’? A. B. C.

D.

Sunil Batra Vs. Delhi Administration | Parmananda Katara Vs. UOI BothAand B

None of the above

82.

In which of the following case/s, the Supreme Court held that Art.31-C was beyond the amending power of the parliament and was void since it destroyed the basic features of the constitution. Further it also observed that the constitution is founded on the bedrock of the balance between Part III and Part IV to give absolute primacy to one over the other is to disturb the harmony of the Constitution which is essential feature of the Basic structure? A. Minerval Mills Vs.Union of India B. Шш Re Kerala Education Bill case C. Кеѕһауапӣа Bharathi Vs. State of Kerala D. Sarala Mudgal Vs.Union of India

83.

Which is very important case law with respect to ‘Right against Handcuffing’? Advocate Genral of India Vs. Lachma Devi A. Sunil Batra Vs. Delhi Administration B. Prem Shankar Shukla Vs. Delhi Administration C. D.

84.

АП the above

Which of the following statement is true? АП self Incriminatory statements are valid. A. Allself incriminatory statements ate violative of Art. 20(3) B.

CONSTITUTIONAL

C. D. 85.

LAW OF INDIA

are Self Incriminatory statements furnished under compulsion violative of Arti. 20(3). None of the above

against Public Which is the very important case law/s with respect to ‘Right Hanging’? Advocate Genral of India Vs. Lachma Devi A. Sunil Batra Vs. Delhi Administration B. Prem Shankar Shukla Vs. Delhi Administration C. D. All the above.

86.

Art. 51-A of the constitution of India provides for the Fundamental Duties of: Citizen of India A. B. Public servants Allthose who run public and private sectors C. Prime minister and his Council of Ministers D.

87.

Respect for National Flag and the National Anthem is: afundamental right of every citizen A. a fundamental duty of every citizen B. adirective principles of state policy C. anordinary duty of every citizen D.

88.

Judicial review in the Constitution of India is based on: A.

Precedents and conventions

B.

Rule of law

C. D.

Due process of law Procedure established by law

89.

Which one A. Writ B. Writ C. Writ D. Writ

90.

Which one of the following is the correct answer? The writ of mandamus can be issued A. Against the legislature for making law

I

of the following pairs is correctly matched? of Habeas Corpus : issued only to the State of mandamus issued to the public servant of Quo Warranto : issued to the subordinate Courts of Prohibition : issued to the private individual

н —————————

INDIA LAW OOF CONSTI INS EEEUTIONA TUTIONALL LAW OF INDIA

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B. C. D.

УУ

For performance of a public duty For exercise of the discretionary power For deciding legality of the an arrest

ЭТ.

The appropriate writ issued by Supreme Court to quash the appointment of a person to a public office is : A. .Certiorari B. Mandamus C. Quo- warranto D. Prohibition

92.

In which of the following case, is the President of India is not bound by the aid and advise of the Union Council of Ministers? A. Indeciding question of removal of a Governor B. In deciding the question whether a member of the Loksabha has become disqualified to continue as a member C. While exercising power to grant pardon D. Indismissing a civil servant without any enquiry and hearing on the ground of security of State

95:

The President of India is elected : Directly Indirectly Indirectly by secret ballot Indirectly by secret ballot and by proportional representation by system by means of single transferable vote.

cos»

94.

95.

96.

The power of the President of India to issue an ordinance is a : Executive Power B. Legislative Power A. Judicial power D. Quasi-Judicial Power C. Advisory opinion tendered by the Supreme Court is: Isbinding on the Supreme Court A. Is not binding on the Supreme Court B. Is binding on the President only if it unanimously made C. Isnot made public at all. D. ve, Assertion (A): The President of India has the power to grant pardons, reprie sentence. respite or remission of punishment or to suspend, remit or commute but also judicial Reason (R): The President exercises not only executive functions and legislature functions.

Ю——— ——и

CONSTITUTIONAL

LAW OF INDIA

Codes:

(A) (А) (А) (А)

A.

B. C. D.

is correct, but (R) is the correct explanation of (A). is correct, but (К) is not the correct explanation of (A). is correct, but (К) is wrong. is wrong, but (К) is correct

97.

The Executive power ofthe Union Government vested in the President of India. The President shall exercise these powers : A. Himself Directly or through officers subordinate to him, if he so desires. B. Either directly or through officers subordinate to him in accordance C. with the provisions of the Constitution. D. Only on the advice of Prime minister.

98.

Supreme Commander of the Defence forces in India 15: A. President B. Prime minister C. Chief Justice of India D. Vice president

99.

Match List-I with List-II and give the correct answer by using the codes given below the Lists : List-I-Provision List- II-Case laws a) Article 329 (1) Golak nath Vs. State of Punjab

b)

10* Schedule Part-7

(п)

Keshavanda Bharati Vs.State of Kerala

C)

Article 31-C

(iii) Indira Neharu Gandhi Vs.Raj Narain

d)

Article 13(2)

(1v) Kihota Vs.Zachilhu

Codes:

(a

@

(o)

(ü) (ш)

(1) (iv)

(ili) (iv) (ii) (i)

(iv) Ow» ©

(d)

(ш) @ (ii) @) (Qv) (ш)

100. In which case, Supreme Court held that the voters have a right to know the antecedents of contesting candidates? A. Shakila Abdul Gaffor Vs. Vasant R. Dhoble B. Shyam Narain Chowksey Vs. Union of India

MÀ >» ——————

CONSTITUTIONAL

C.

D.

LAW OF INDIA

Union of India Vs. Association for Democratic Refo rm & Anr.

Saurabh Chowdhery Vs. Union of India

101. Match List-I

(Fundamental Rights) with List-II (Important Case laws) and

give the correct answer by using the codes given below the Lists: List-I-Fundamental Rights List-II-Important case laws

(a

(b) (c) (d)

Right against doctor's assistance Right against bar fetters Right to shelter Right to privacy Codes:

(à A. (mn B. (ш) C vp Бе)

(b) (o)

(d)

(ш) iv) (iv) (1) weis (п) (av)

(D (1) (ii) (ш)

(1) Govind Vs.State of Madhyapradesh (i1) Parmanda Katara Vs. Union of India

(iii) Charles Sobhraj Vs. Suptd.,Central Jail (iv) Shantistar Builders Vs. N.K Totame

102. “Directive Principles of State Policy are the conscience of the Constitution which embody the social philosophy of the Constitution” was described by : A. C.

103.

Granville Austin Dr. B. К. Ambedkar

B. D.

A.V. Dicey КС. Where

Which Article directs the State to ensure Equal justice and free legal aid for all? A. Article 39A B. — Article.39 €. — Article 39 D. | None of the above.

104. Right of eligible employees to be considered for promotion is virtually a part of Fundamental Right of Employees, was decided by the Supreme Court in : A. Union of India Vs. Hemraj Singh Chauhan B. Supreme Court Employees Association Vs. UOI C. John Vallamattan Vs. UOI D. St. Stephens College Vs. University of Delhi. 105.

In which of the cases, Fundamental Duties are judicially invoked? Answer using codes below: Prem Prakash Vs. Punjab University (a) Suresh Koshy George Vs. University of Kerala (b)

$$

———————

CONSTITUTIONAL

LAW OF INDIA

e of U.P Rural Litigation and Entitlement Kendra Vs. Stat (c) (d) Sri. Sachidanand Pandey Vs. State of Kerala Codes: (a) and (b) are correct B. A. (а) апа (с) are correct (a) and (d) are correct. D. C. (с) and (d) are correct

propounded the new 106. In E.P. Royappa case, which of the Supreme Court Judge aspects concept of Equality as under “Equality is a dynamic concept with many within and dimensions and it cannot be ‘crippled, combined and confined’ traditional and doctrinaire limits"? Justice Y.N. Chandrachaud A. Justice P.N. Bhagawati B. Justice Krishna lyer C. Justice O.P. Chinnappa Reddy D. 107. Match List-I with List-II and give the correct below the Lists: List -I A.D.M Jabalpur Vs. Shivakant Shukla a) M.S.M Sharma Vs. S.K Sinha b) Е.С. Kooper Vs. Union of India c) ЕК. Garg Vs. Union of India d) Codes:

(a A. (au) Бы) Със) D. D 108.

(b)

(o)

answer by using the codes given List-II (i) Bearer Bonds case (ii) Habeas Corpus case (ii) Bank Nationalization case (iv) Searchlight case

(d)

(у) (ш) (0) ти) Hans (3) Gib (n) (av) (ш)

Inthe performance of his duties and in the exercise of his powers, the Governor: A.

B. C. D.

Isanswerable in a court of law,

Isnotanswerable in a court of law Сак be impeached in the Vidhana Soudha Isanswerable to the Vidhana sabha

109. In which one of the following case, the Supreme Court upheld the Constitutional validity of the Constitution (934 Amendment) introducing Art. 15(5)?

A CONSTITUTIONAL

ee

—————

NDIA OU LAW OF INDIA

S

_

TMA Pai Foundation Vs. State of Karnataka

Indra Sawhney Vs. UOI M.Nagaraj Vs. UOI

wm go

Ashok Kumar Thakur Vs. UOI

110.

The writ Jurisdiction of the Supreme court of India under Art 32 of the Constitution of India is not wider that of the writ jurisdiction of the High Court's under Art. 226 because the High courts may exercise this power in relation to: A. Fundamental rights and other legal rights B. Civil and Criminal matters C. Fundamental rights and matters in appeals D. Fundamental rights and stay matters

it.

Consider the following statements: Directive Principles of State Policy are: (a Not amenable (b) Not enforceable by any Court Fundamental to the governance of the country (c) Which one of the following above statements are correct? (a) and (с) B. A. (a)and(b) (a) (b) and (c) D. C. (b) and (с)

112.

Which of the following Article(s) of the Constitution of India is/ are exceptions to the Fundamental Rights enumerated in the Articles 14 or Article 197 A. Ат. 31A only B. А. 31C only Articles 31A and 31C both C. Neither Art. 31A nor Art. 31C D.

113.

226, Courts In which of the following judgments, it was held that according to Art. to filter out are flooded with large number of PIL, so it is desirable for Courts frivolous petitions and dismiss them with costs? Deepak Sharma Vs. Vineeta Sharma A. Dharmapal Vs. State of Uttarpradesh B. C.

D.

Halicow Pictures Pvt. Ltd., Vs. Premchandra & Ors.

РОСІ Vs. Union of India

— à Ю— ——À

CONSTITUTIONAL

114.

LAW OF INDIA

Fundamental duties —Art. 51- A were added to the Constitution of India by: 42* Amendment Act 1976 A. 42" Amendment Act 1970 B. C.

44" Amendment Act 1976

D.

464 Amendment Act 1976

H5.

The *Fundamental Duties' are intended to serve as a reminder to: A. Тһе settle to perform duties conferred by the Constitution B. The Judiciary to administer justice properly C. Every citizen to observe basic norms of democratic conduct D. Thelegislature wing to make laws for the welfare of the people

116.

The state shall make provisions for securing just and humanae conditions of work and for maternity relief is found: A. Asapart of the preamble B. Asa Fundamental Right under Art. 21 of the Constitution of India C. Asa Directive Principles of the State Policy D. As a Fundamental duty of the State.

ELT. The State shall Endeavour to secure for the citizens a Uniform Civil code throught the territory of India as per: A. Art. 40 B. Art. 43 C. Art. 44 D. Art. 48 118. Who among the following can establish additional court for better administration of any existing law with respect to a matter concerned in union list: A. Chief Justice of India B. Parliament C. The Concerned State legislature D. High Court of the state concerned

119. Who decides whether a bill is a money bill or not? A. Members of Loksabha B. Members of Rajyasabha C. Speaker D. Deputy Speaker 120. In which case, Supreme Court ruled that ‘if any elected representative conceals the information regarding criminal antecedents, his election can be set null and void’? A. Krishnamoorthy Vs. Sivakumar & Ors

CONS TIONAL COSTITULONA

$A

B. C. D.

LAW OF LAW ОЕПINDIA

Satya pal singh Vs. State of Madhya Pradesh RijuPrasad Sarma Vs. State of Assam | None of the above

121. Which Committee ensures that government spends money in accordance with the sanction of the Parliament? A. B. C.

Public Accounts Committee Estimate Committee Committee on Public Undertakings

D.

None of the above.

122. Assertion (A): Under Art. 368, the Parliament can amend any part of the constitution of India. Reason (R): The Parliament is the supreme legislative body elected by the people of India. Codes: A. B. C. D.

(А) is correct, (A)iscorrect, (A)iscorrect, (A)is wrong,

and (К) is the correct explanation of (A). but (R) is not the correct explanation of (A). but (R) is wrong. but (R) is correct

123. Assertion (A): The Council of Ministers both at the Centre as well as states consist of three different categories of ministers. Reason (R): They are Cabinet Ministers, Ministers of state and Deputy Ministers Codes: (A) is correct, but (R) is the correct explanation of (A). (A) 1s correct, but (R) is not the correct explanation of (A). (A) is correct, but (R) is wrong. (A) is wrong, but (R) is correct Jaw» 124. The Speaker of Loksabha has to address his letter of resignation to the: A. Prime Minister of India B. Deputy Speaker of Lok sabha C. The Chairman of Rajya sabha D. None of the above

125. Inter State water dispute can be resolved by which one of the following?

CONSTITUTIONAL

A. B. C.

LAW OF INDIA

Supreme Court only Union Government only Tribunals established by the Parliament by law

Special court established by the President of India each House of Parliament is 126. The maximum interval between the two sessions of Four months B. Three months A. Six months D. Five months C. D.

127. Vice President of India is the Ex-officio Chairperson of : B. | Loksabha Rajyasabha A. None of the above D. Both A and B C. 128. A. B. C. D. 129.

is the system which is adopted to elect the President of India. Proportional System by single Transferable Vote Adult Franchise Both A and B None ofthe above

Inthe event of occurrence of vacancies in the Offices of both, the President and

Vice-President of India, who among the following shall discharge the functions of the president till the new President is elected? A. Speaker of lok sabha B. Leader of majority party in the Loksabha C. Chief Justice of India D. Senior most Governor. 130. Article 361 ofthe Constitution of India guarantees the privilege to the President of India, that he shall:

A. B. C. D.

Not participate in parliamentary proceedings. Only e answerable to the Chief Justice of India. Addresses both the Houses of the Parliament at the time of the joint session. Not be answerable to any court during the term of his office.

131. When a Bill is passed by the State Legislatures attempts to take away the powers of the High Court and is presented before the Governor for his assent he: A. Мау give his assent

CONSTITUTIONAL

SSS

LAW OF INDIA AV N

B.

May withheld his assent

C.

Is bound to return the Bill for reconsideration Is bound to reserve the Bill for the consideration of the President.

D.

132. The President of India submits his resignation to: A.

. Vice President of India

B.

Chief Justice of India

C.

Prime minister of India

D.

Speaker

133. President of India is elected by an electoral college consisting of: A. Elected members of the Council of states and House of ће people B. Elected members of the both the houses of parliament and State Assemblies C. Members of the Council of States, the state Legislative Councils and member of the Union Territorial Assemblies. D. Member of municipalities, local bodies, Panchayats, graduates of 3 years standing teachers of higher educational institutions and members of state assemblies. 134. Who enjoys the power to make order with respect to persons under the Preventive Detention in certain cases? A. Rajyasabha B. | Loksabha Prime minister D. (C 4 President

53:

Money bill can only be introduced in: A. Вајуаѕабһа B. | Loksabha Injoint session of Rajyasabha and Loksabha C. D. None of the above

136. Which of the following grounds, one shall be disqualified as member of either House of the Parliament? Give answers by using the codes given below: Whois not a citizen of India (a) (b) Who has acquired the citizenship of a foreign state Who is under any acknowledgement to а foreign state (c) (d) Who is under acknowledgement of adherence to a foreign state Codes:

CONSTITUTIONAL

A. C.

Only (a) (a),(b)and(c)

B. Р.

LAW OF INDIA

Only (a) and (b) Only (a)(b) (c) and (d).

137. In which case, Supreme Court declared that any Member of the Parliament(MP) Member of Legislative Council(MLA) or Member of a legislative Council(MLC) who was convicted of a crime and awarded a minimum of 2 years imprisonment would lose membership of the house with immediate effect? Lily Thomas Vs. Union of India A. B. Krishnamoorthy Vs. Sivakumar & Ors C. Satya pal singh Vs. State of Madhya Pradesh D. Riju Prasad Sarma Vs. State of Assam 138. Who among the following has the power to summon or prorogue both the houses of the Parliament? A. President of India B. Prime minister of India C. Speaker of Loksabha D. Chairman of Rajya sabha

139. Which schedule of the Constitution contains provisions as to disqualification on grounds of defection? A. Tenth Schedule B. Ninth Schedule C. Seventh Schedule D. Sixth Schedule 140. Who, among the following, rightly called the Guardian of the Public Purse in India? A. Governor of the Reserve bank of India B. Chairman of the State Bank of India C. President of India D. Comptroller and Auditor General of India 141.

A. C.

members represent Karnataka in Upper House at present? Twelve B. | Thirteen (ten D. | None of the above

142. Assertion (A): Supreme Court of India is the Supreme Judicial Body. Reason (R): Law declared by the Supreme Court of India shall be bindi ng on ail the courts within the territory of India. Codes: A. (А) is correct, and (R) is the correct explanation of (A).

CONSTITUTIONAL

B. C. D.

LAW OF INDIA

(А) is correct, but (В) is not the correct explanation of (A). (А) is correct, but (R) is wrong. (A)is wrong, but (R) is correct

143. Which one of the following is the correct statement?

The original jurisdiction of the Supreme Court does not extend to any dispute between: A. B. C. D.

The Government of India and one or more States Two or more states The Government of India and any State or States on one side and one or more other States on the Other AState and a State Corporation

144. The Jurisdiction of the Supreme Court of India may be enlarged by: A.

Тһе President of India

B.

The Parliament of India

C.

Тһе Parliament by Law

D.

The President in consultation with the Chief Justice of India

145. Match List-I with List-II and give the correct answer by using the codes given below the Lists: List-II-Article List —I -Provision Art. 124 (i) Appointment of Judges (a (ii) Ап. 129 (b) A Court of Record (ii) Art. 133 (c) Appeal in civil cases (d) Certificate for appeal to Supreme Court (iv) Art. 134-A Codes:

(a)

A. (1) B. (in) (ог) DOG)

(b)

(c)

(d)

(1) (ту) (iii) (11)

(1v) (11) (i) (11)

(iii) (1) (ii) (iv)

146. Which one of the following is the correct statement? ’t apply to: «Full faith and Credit” clause of the Constitution doesn Judicial recordings B. Public records A. Public acts D. Acts of corporations C.

— — Áo [— ———

CONSTITUTIONAL

147.

LAW OF INDIA

The Supreme Court, while exercising power under the Art. 136 of the Constitution of India: A.

B.

Frequently interfere in the concurrent findings of the High Court. Interfere only when the certificate of fitness issued by the concerned High court.

C. D.

Hasno power to interfere in the concurrent findings of the high court. Interfere when it is found that gross injustice has occurred to the Petitioner.

148. Law declared by the Supreme Court shall be binding on all the courts within the territory of India. Here * Courts' means: A. АП courts including the Supreme Court of India Allcourts except the Supreme Court of India B.

C. D.

Allcourts including the Supreme Court of India except such benches of the Supreme Court which consist of seven judges or more Allcourts including the Supreme Court of India except a bench ofthe Suprme Court which consists of all the judges of the Supreme Court.

149. The rules regulating practice and procedure of the Supreme Court under Art. 145 of the Constitution are made by the: A.

President of India

B. C. D.

Supreme Court with the approval of President of India Supreme Court alone Supreme Court with the approval of Bar Council of India.

150. A distinguished Jurist can be appointed as a Judge of the: A. High Court Only B. | Supreme Court Only C. Both (A) and (B) D. None of the above IE

Appellate Jurisdiction of the Supreme Court in appeal from High Court in regard to civil matters pertains only to a: A. Substantial question of law B. Question of law C. Question of fact D. Mixed question of fact and the law

о I—————

CONSTITUTIONAL

LAW ОЕ INDIA

152. Judge of the Supreme Court can be removed from his position only on the grounds of A. Proved misbehavior or Incapacity B. Gross inefficiency C. Senility D. Poor Health 193: The Supreme Court of India held in which of the following cases that the views expressed by it in exercise of its advisory jurisdiction are binding on all courts within the territory of India? A. In Re-Berubari case B. InRe-Cauvery Water Disputes Tribunal case C. In Re-Kerala Education Bill D. In Re-Special Courts Bill. 154. The High court can exercise the supervisory jurisdiction over the courts and tribunals subordinate to it under: A. Article-32 B. = Article-226 C. Article-227 D. — Article-141 WO.

Which Article of the Constitution states that *High Court is the Court of Record"? A. Art.214 B. Art.215 C. Art.216 D. Art.217

£56. A retired judge of a High Court cannot practice in: A. Тһе Supreme Court B. Practice in any High Courts in India C. Practice in the High Court from where he has retired D. Practice in any courts of India 157. A member of the Public Service Commission can be removed on the ground of misbehavior only after an inquiry has been held by: A. А Joint Parliamentary Committee B. Тһе Supreme Court of India C. Тһе High Court of the concerned State D. А committee constituted by the Governor of the state

158. The constitutional authority vested with the power of declaring castes or tribes as the scheduled Castes and scheduled tribes is the:

CONSTITUTIONAL

LAW OF INDIA

A.

Parliament

B.

Home Minister

C.

President of India

D.

Chairman, SC/ST commission

159. Which cannot be done directly, cannot be done indirectly. The statement epitomizes the doctrine ОЁ: Pith and substance B. A. . Colourable legislation Eclipse D. Harmonious construction C. 160. In case of inconsistency between the laws made by the Parliament and the laws made by the State Legislature , which one of the following shall prevail? A. Тһе law made by the parliament only if it is passed before the law made by the state legislature B. Thelaw made by the Parliament only if it is passed after the law made by the state legislature

C. D.

Thelaw made by the parliament whether it is passed before or after the law made by the state legislature The law made by the state if it is passed after the law made by the parliament.

161. Assertion (A): Powers and functions are distributed between the two tiers of

government under the written constitution in India.

Reason (R): Union and the States are completely independent of each other under the Indian Constitution. Codes: A. B.

C. D.

(A)is correct, but (R) is the correct explanation of (A). (А) is correct, but (К) is not the correct explanation of (A). (А) is correct, but (К) is wrong.

(A)is wrong, but (В) is correct

162. Which of the following articles of the Constitution of India provide for circumstances under which Parliament has power to make law on any subject enumerated in the State List in the 7^ Schedule?

163.

A.

245,246,248,and 249

B.

248,249,250,and 252

С...

249250,25 1,and 252

D.

249,250,252,апа 253

The Doctrine of *Territorial nexus" means that:

CONS TION O TITUU ONAL AL

m

LAWOFINDIA LAW OF INDIA

Laws made by the state legislatures may have their application to the people of other States when there is direct relation between such laws and the people of other states

B. C. D.

The territory of every State is open to all citizens of India for the purpose of trade and commerce The State Legislature is sovereign within its territory Laws made by the State Legislatures cannot be questioned on the ground of extra territorial operation.

164. Residuary powers are vested in the: A. ^^Exeecutive C. Parliament

B. D.

Judiciary State Legislatures

165. Under which article, Parliament is vested with the powers to make any law for the whole of India or any part of India for implementing any international treaty, international agreement or conventions? А.

AH253

B.

Art. 254

С.

Art. 234

D.

None of the above

166. Union List consists of

167.

entries.

A.

97

B.

66

Сэ

47

D.

None ofthe above

‘Defence’ is a subject which 1s in A.

Union List

B.

State List

C.

Concurrent List

D.

None ofthe above

168. Concurrent List consist of

entries.

Atsan

B.

66

D.

None ofthe above

Cy:

oo

169. Under Article 324 of the Constitution the Election Commission of India shall be responsible to conduct elections to: Parliament and State Legislature (a) (b) President and Vice-President Zilla Parishad and Panchayats (c) (d) Municipal Corporations and Municipal Committees Codes:

—— i ——

CONSTITUTIONAL

170.

LAW OF INDIA

(a) and (b) only B. A. (a), (b), (c) and (d) (а), (с) and (d) D. C. (a), (b) and (c) The Supreme court held election Commissioners cannot be placed on par with the Chief Election Commissioners in terms of power and authority in the following case: S.S Dhannoa Vs. Union of India A. ТМ Sheshan Vs. Union of India B. А.С.Јоѕе Vs. Sivan Pillai C. Venkatachalam Vs. A.Swamickan D.

171. Which of the following constitutional amendments was passed after 170^ Law Commission of India report on “Reform of Electoral Laws’ 1999? 92" Amendment B. 91“ Amendment A. D. | None of the above 93" Amendment C.

172. In which one ofthe following case, the Supreme Court held that *No election can be challenged on the ground of defect in the electoral rolls’? Indrajit Barua Vs. Election Commission of India A. B. МР Ponnuswami Vs.Returning Officer C. Kalian lal Omar Vs. R.K Trivedi D. Mohinder Singh Gill Vs. Chief Election Commissioner 173. Election of ‘X’ to State Legislative Assembly was set aside by the Election Tribunal under Sec. 123 of the Representation of Peoples Act, 1951. There is no provision for appeal under the Act. The Supreme Court of India is approached under Art. 136, in such a situation which of the following s correct? A. Order of the Tribunals is final as there is no provision for appeal against the order B. Supreme Court has undeterred powers to entertain any appeal from any court or Tribunal under art. 136 C. Law does not empower Supreme Court to interfere in election matters D. Only State Legislature is competent to overrule the order of the Tribunal 174.

The President's rule under Article 356 of the Constitution of India remains valid in the State for maximum period of : A. One month B. Three months C. Six months D... One Yeat

CONSTITUTIONAL

ЗИ

LAW OF INDIA

In which case, the Supreme Court declared that rights of the citizens to move the court for violation of Art. 14, 21 and 22 would remain suspended during emergencies? A. B. C.

АР.М Jabalpur Vs. Shivaknath Shukla Champakam Dorairajan vs. State of Madras Minerva Mills vs. Union of India

D.

None of the above

176. The Supreme Court has laid down guidelines for imposing emergency under Art. 356 in one of the following cases: A. А.К. Roy Vs. UOI B. З.К. Bommai Vs. UOI C. State of Rajasthan Vs. UOI D. Rameshwar Prasad Vs. UOI E77.

Atthe first instance, the President can issue a proclamation of emergency for a period of: A. Fifteen days B. | Two months C. One month D. Six month 178, Once the Proclamation of emergency is made, the right of the citizen to move to the Supreme Court for enforcement of his fundamental rights is suspended by the: A. Prime Minister of India B. President of India C. Speaker of the Loksabha D. Chief Justice of India

179: Parliament has power to legislate with respect to matter in the State List provided it is in the: Interest of the State concerned B. National interest. A. Interest of the majority D. Interest of the public C.

180. President of India has powers to declare emergency under Art. 352 on which of the following grounds? Internal disturbance (b) War (a Armed rebellion (d) External aggression (c) Select the correct answer: (а) (Б)ара(с) B. (a)(b) and (с) A. (b)(c)and (d) D. (ayCe)and (d) CA 181. A resolution for the revocation of the proclamation of the National Emergency may be moved by : A.

Ten members of lok sabha

CONSTITUTIONAL

B. C. D.

LAW OF INDIA

One-fifth of the total membership of the house One tenth of the total membership of the Loksabha One-fifteenth of the total membership of the Loksabha

under Art. 370 of the 182. The State of Jammu and Kashmir enjoys a special status Art. 370 shall Constitution. But under Art. 370 (3), the President may declare that power cease to be operative. Consider the following statements in this regard. This of the President is subject to: Public notification a) Recommendation of Parliament b) Advice of the Union Council of Ministers c) Recommendation of the Constituent Assembly of State d)

Codes: A. C.

(а) апа (с) are correct (b) and (d) are correct

В.

D.

(а) and (b) are correct (a) and (d) are correct.

183. Which one of the following is NOT an automatic consequence of the proclamation of emergency? Suspension of enforcement fundamental rights i.e., Art. 20 and 21. A. Extension of the Union Executive power to the issue of directions to B. any State as to the manner in which its executive power has to be exercised. Extension of the power of Parliament to the making of legislation in C. regard to items of the State List. D. Suspension of Art. 19

184.

S.R. Bommai Vs. Union of India is a landmark case with respect to: A. National Emergency B. State Emergency C. Financial Emergency D. None of the above

185. Which one of the following decisions is responsible for the Parliament passing the Constitution 24^ Amendment Act, 1971 which amended Art. 368?

A. B. C. D.

Sajjan Singh Vs. State of Rajasthan L.C.Golaknath Vs. State of Punjab Keshavananda Bharathi Vs. State of kerala Minerva Mills Ltd., Vs. Union of India.

CONSTITUTIONAL LAW — CONSTITUTIONAL LAWOFINDIA _Ż__ _—=—Ф -

National Legal Services Authority vs. (civil) No. 400/2012.

A-

DrJanet jaypaul vs. SRM University & Ors., Civil Appeal No.14553 of 2015

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Hussainara Khatoon vs. Home Secretary vs. State of Bihar AIR 1979 SC 1360 Air India vs. Nargesh Mirza, (1981) 4 SCC 335. Peoples Union for Civil Liberties vs. UOI, (2013)10 SCCI Common Cause vs. Union of India & Ors. W.P(civil) No. 215 of 2005

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Sankalp Charitable Trust & Ars. Vs. UOI and Ors., W.P(civil) No.26 of 2016 ordered on 28" April 2016 Vishaka vs. State of Rajasthan, AIR 1997 SC 3011. Parivarthana Kendra vs. UOI, W.P.(civil) No. 867 of 2013

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бипп Batra vs. Delhi Administration, AIR 1978 SC 1675.

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Excel Wear vs. Union of India, AIR 1979 SC 25.

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Parmanada Katara vs. UOI (1989)4 SCC 286

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Sunil Batra vs. Delhi Administration- AIR 1978 SC 1675 Minerva Mills UOI (1980) 2 SCC 591 | Prem Shankar Shukla vs. Delhi Adminsitration AIR 1980 SC 1360

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Advocate General Of India vs. Lachma Devi, (1989) Supp (1) SCC 264

CONSTITUTIONAL

LAW OF INDIA

Play wi с| wv оС О) > ao UOI vs. Association for Democratic Reform & Anr (2002)5 SCC

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UJ

UOI vs. Hemraj Singh Chauhan, Civil Appeal Мо. 2651>|>|>|> 52/2010

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M.N. Nagaraj vs. UOI, AIR 2007 SC 71

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Halicow Pictures Pvt. Ltd., vs. Premchandra & Ors.,

Appeal (civil) 5671 of 2007

nt. 118. [A—

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120.

А:

Krishnamoorthy vs. Sivakumar &Ors, Civil Appeal 1478 of 2015

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Lily Thomas vs. UOI W.P.(civil) No. 490 of 2005.

CONSTITUTIONAL

LAW OF INDIA

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S.S. Dhannoa vs. UOI 1991 AIR 1745.

Ae

ADM Jabalpur vs.Shivkanth Shukla, AIR 1976 SC 1207. S.R. Bommai vs. UOI, AIR (1994) 3 SCC 1,

B-

L.C.Golaknath vs. state of Punjab, AIR 1967 SC 1643

Supreme Court On Record Association & Anr Vs. UOI

AIR W.P (civil) No.13 2015

I.R. Colheo (dead) by LRs Vs. State of Tamil Nadu & Ors. AIR 2007 SC861

L.C.Golak Nath vs. State of Punjab AIR 1967 SC 1643 Ram Singh Vs. Union of India, W.P (Civil) No. 274 of 2014 decided on 17" March, 2015

CIVIL PROCEDURE CODE, 1908 The code of Civil Procedure came into force on A. 1-1-1906 B. 01-01-1907 C. 01-01-1908 D. 01-01-1909 Civil Courts can try: A. Only money suits B. Suits relating to specific performance C. Suits relating to property D. All the above Suits for civil Nature means the suit instituted: A. "Under CPC For enforcement of civil rights or obligations B. Isone tried by the Judge C. D. None of the above

Pleadings includes: A. Plaint Only Written Statements only B. Both Plaint and written statement C. Only interim applications D. Particulars A. B. C. D.

to be contained in the Plaint are mentioned 1n: Order V of Civil procedure Code Order VI of Civil procedure Code Order VII of Civil procedure Code Order VIII of Civil procedure Code

appearance is mentioned in: Appearance of the parties and consequence of nonOrder IX of Civil procedure Code A. Order X of Civil procedure Code B. Order XI of Civil procedure Code C. D. Order XII of Civil procedure Code

CIVIL PROCEDURE CODE, 1908

7.

|Who may A. B. C. D.

8. | Who may A. B. C. D.

joined as plaintiffs in a suit is stipulated in: OrderI Rule 1 of Civil procedure Code Order I Rule 2of Civil procedure Code Order I Rule 3 of Civil procedure Code Order I Rule 4 of Civil procedure Code

be joined as Defendants in a suit is stipulated in: Order I Rule 1 of Civil procedure Code Order I Rule 2 of Civil procedure Code Order I Rule 3 of Civil procedure Code Order I Rule 4 of Civil procedure Code

9.

Меге there are numerous persons having the same interest in one suit, one or more persons may sue or be sued, or may defend such suit, on behalf of, or for the benefit of , all persons so interested as per: A. Order I Rule 6 of Civil procedure Code B. Order I Rule 7of Civil procedure Code C. Order I Rule 8 of Civil procedure Code D. Order I Rule 9 of Civil procedure Code

10.

Is any suit A. B. C. D.

ll.

Consequence of Mis- Joinder and Non Joinder of the parties in a suit is stipul ated in: A. Order I Rule 7 of Civil procedure Code B. Order I Rule 8 of Civil procedure Code C. Order I Rule 9 of Civil procedure Code D. Order I Rule 10 of Civil procedure Code

12.

Objections A. B. C. D.

shall be defeated for Mis-Joinder or Non- Joinder of the parties? Yes No Power lies entirely on the discretion of the court Depends on the parties

of as to Mis-joinder and Non-Joinder of the parties shall be taken : At the earliest possible opportunity At any stage of the suit After arguments also Even after the issues are settled

131109 СМИ,

PROCEDURE CODE, 1908

—

— —

—

oë

13.

Power of the court to order for separate trials where it appears to it that joinder of causes of action in one suit may embarrass or delay the trial and in the interest of Justice as per: A. Order II Rule 6 of Civil Procedure Code B. Order II Rule 7 of Civil procedure Code C. Order I Rule 8 of Civil procedure Code D. Order I Rule 9 of Civil procedure Code

14.

Power of the Court to appoint Pleader is stipulated in: A. Order III Rule 1 of Civil Procedure Code B. Order III Rule 2 of Civil procedure Code C. Order III Rule 3 of Civil procedure Code D. Order III Rule 4 of Civil procedure Code

15.

As per Order IV Rule 1 suit to be commenced by: A. Plaint Written statatment B. Interlocutory application C. D. None of the above

16.

When asummons has been issued to the defendant, he may appear: A. In person B. By apleader duly instructed and able to answer all material questions relating to the suit, C. By pleader accompanied by some person able to answer all such questions D. All the above

17.

Particulars A. B. C. D.

18.

Тһе time frame within which the written statement has to be filed is stipulated in: Order VII Rule 1 of Civil Procedure Code A. Order VII Rule 2 of Civil procedure Code B. Order VIII Rule 1 of Civil procedure Code C. 6 Order VIII Rule 2 of Civil procedure Code — _ D.

to be contained in Plaint are mentioned in: Order VI Rule 1 of Civil Procedure Code Order VI Rule 2 of Civil procedure Code Order VII Rule 1 of Civil procedure Code Order VII Rule 2 of Civil procedure Code

CIVIL PROCEDURE CODE, 1908

19.

As per Order УШ Rule 6 the claim of setoff by the defendant need to be averred: B.

At the first hearing of the suit At the second hearing of the suit

C.

Гапу hearing of the suit

D.

None of the aobve

A.

20.

2].

22.

А decree becomes final:

A.

When it conclusively determines the rights of the parties

B.

When no appeal has been preferred against the decree

C.

Both AandB

D.

Neither A nor B

Decree Holder means:

A.

А person in whose favour any interim is order is passed

B.

Апу person in whose favour a decree has been passed

C.

Only a person in whose favour order has been passed

D.

None of the above

Order has been defined as

formal expression of any decision of a civil court

which is not a decree, under:

23.

A.

бес. 2(1) of CPC

B.

ЄС.

"Sec. 200) 01 CPC

D.4:56e:2(16) of CPC

А decree holder has been defined as any person in whose favour a decree has been passed or an order capable of execution has been made, under: fos. See432(3)of. CPC Bz' USE 203 of CPC C.

24.

Sec. 2(4) of СРС

Эл:

бес: 2(16)0f CPC

A decree holder:

A. C.

Need not be a party to the suit Тһе term is not confined to the suit BothAand B

D.

Neither A nor B

B.

25.

Sec 2(14) of CPC

Provisions with respect to institution of the suit by Aliens is stipulated in: A. Sec. 83 of CPC B. Sec84 of CPC Cir S66. 85 oF GPC D. Sec. 86 of CPC

9e

o—————

CIVIL PROCEDURE CODE, 1908

26.

Foreign court under Sec. 2(5) of means: A.

B.

A court situated outside in India; А court situate outside India and not established, continued by the

C. D.

under the authority of Central Government; А court situated in India applying foreign law; All the above

27.

Judgment under Sec. 2(9) means: Adecree A. Dismissal of an appeal summarily B. C. Statement of grounds of an order or decree D. All the above

28.

Legal representative under Sec. 2(11) of CPC means a person who 15 a A. Relative of parties to the suit B. Co-sharer of the benefits assuming to parties to the suit C. Who in law represents the estate of the deceased D. All the above

29.

‘A’ dies leaving behind a some X and a married daughter Y, a suit filed by :A’, after his death, can be continued by: ‘X’ also is legal representative A. ‘Y’ alone as legal representative B. *X"Y' and the husband of Y as legal representative C. ‘X’ апа 'Y' both, as legal representatives D.

30.

А judgment contains: Concise statement of the facts of the case A. Тһе points for determination B. The decision on the points of determinations and the reason thereof C. D. Allthe above

3].

“Mesne Profits’ as defined under Sec. 2(12) means: ty Those profits which the person in wrongful possession of such proper A. t actually received or might has received together with interes of property Those profits which the person in wrongful possession B. made by such actually received including profits due to improvements

person

——88

ce

CIVIL PROCEDURE CODE, 1908

C.

D.

32.

33.

Foreign judgment as defined under Sec. 2(6) of CPC means: A. Judgment given by an Indian Court in respect of foreigners B. Judgment given by a foreign court С.

BothAandB

D.

Neither A nor B

Court of small causes, under Sec. 3 of CPC is subordinate to

A. C.

34.

35.

36.

37.

38.

Those profits which the person in wrongful possession of such property actually received or might have received but without any interest on such profits Those profits which the person in wrongful possession of such property actually received.

District court BothAand B

B. D.

| High Court Neither A nor B

Pecuniary jurisdiction of the court has been dealt within: A. Sec 3 Of CPC B. Sec. 4 of CPC C. Бес. 5.of CPC D. Sec 6of CPC Pecuniary jurisdiction means: A. Pecuniary power of the court to entrtain the suit B. Suits falling within the value of 10,000 C. Suits falling within the value of 20,000/D. None of the above

Courts have Jurisdiction to try suits of civil nature excepting suits, the cognizance of which is either expressly or impliedly barred, by virtue of : A. Sec. 8 of CPC B, ryote 9 ofX PC C. Sec. IOoOF CPC D atish Setll of CPC Principle of res-judicata is contained in: A. Sec. 8 of CPC B. беео9ю РО C. Sec. 10 of CPC D. бес It of CRE Jurisdiction of civil court can be barred: A. Expressly only B. Impliedly only C. Either expressly or impliedly D. Neither expressly not impliedly

CIVIL PROCEDURE CODE, 1908 —————————————C€MLPROCEDURECODE,1908

39.

Principle of res- sub judice is contained in A. Sec. 10 of CPC C

40.

occ. 13 of CPC

Under Sec 10 of CPC , a suit liable to be A. Stayed

C.

Rejected

0

B. D.

Sec. 11 of CPC Sec. 14 of CPC

B.

Dismissed

D.

Either A or B or C

41.

For the application of the principle of res-sub judice, which of the following is essential? A. Suits between the same parties or litigation under the same title B. The two suits must be pending disposal in court C. The matters in issue in the two suits must be directly and substantially the same D. All the above

42.

Sec. 10 of CPC does not apply: When the previous suit is pending in the same court When the previous suit is pending in the foreign court When the previous suit is pending in any other court in India When the previous suit is pending in court outside India established or contained by the Central Government

vos»

43.

Under the A. B. C. D.

44.

Provisions of the sec. 10 of CPC are: Directory A. C. Non- mandatory

45.

principle of res-judice: The second suit has to be stayed The previous suit has to be stayed Either A or B depending on the facts and circumstances of the case Either A or B depending on the valuation of the suit for the purpose of jurisdiction

B. D.

Mandatory Discretionary

Doctrine res-judicata as contained in Sec. 11 of CPC is based on the maxim: Nemo deet bis vexari pro uno eteadem causa A. Interest republicate ut sit finis litium B. C. BothAand B D. Either A or B

—— 8S ————

CIVIL PROCEDURE CODE, 1908

46.

Res-judicata applies A. When the matter in former suit is directly and sustainability in issue B. When the matter in dormer suit is collaterally and incidentally in issue C. BothAand B D. Neither A nor B

47.

Res- Judicata means: A. А matter already adjudicated /Judged B. A matter yet to be adjudicated C. A matter collaterally adjudicated D. None of the above

48.

Res Judicata applies: A. When the matter is directly and substantially in issue in two suits and should have been decided in merits B. When the prior suit is between the same parties or persons claiming under them and litigating under the same title C. When the court which determined the earlier suit is competent to try the subsequent suit wherein the issue is subsequently raised D.

49.

When all A, B and C combine

The principle of res judicata is applicable: A. Between co-defendants C. Both (a) & (b)

50.

Plea of res-judicata: A. Hasto be specifically raised B. Need not be specifically raised C. 15 for the court to see ot its own D. neither (a) nor (b) but only (c)

SL.

Constructive res judicata is contained in: A. Explantation II to Sec. 11 C. Explanation VI to Sec. 11

52.

B. D.

Between co-plaintiffs Neither (a) nor (b)

B. D.

Explantation IV to Sec. 11 Explanation VII to Sec. 11

Principle of res-judicata applies: A. To suits only B. То execution proceedings C. To arbitration proceedings D. То suits as well as execution proceedings

T

$$ ——i ii

CIVIL PROCEDURE CODE, 1908 $a ——MÓBMÁÉINOCBDURECODE,]1908

93.

А decision A. B. C. D.

54.

A decision is suit may operate as res-judicata against persons not expressly named as parties to Ше suit by virtue of explanation: A. II tosec Il of CPC B. IV to Sec: 11. of CPC C: VI io Sec. Hof CPC Р. „.УШиќо;Ѕес. 11 of CPC

55.

In which of the following cases res-judicata is not applicable: A. Consent compromise decrees B. — Dismissal in default D. Neither (a) not (b). Both (a) and (b). C.

56.

Is Res Judicata applies to Judgment obtained by fraud or collusion No B. А. ees D. None of the above Don’t know C.

Si.

With respect to the principle of res-judicata which of the following is not correct: A. Ex-parte decree will not operate as res-judicatta B. Writ petition dismissed on merits operates as res-judicata C. Writ petition dismissed in limine operates as res-judicata D. BothAandC

58.

In a suit, where the doctrine of res-judicata applies, the suit is liable to be: A. Stayed B. Dismissed C. May be stayed and may be dismissed D. BothAandB

39.

Judgment obtained by fraud or collusion: Valid A. Vitiate the entire proceedings C.

on issue of law: Shall always operates as res-judicata Shall never operate as res-judicata May or may not operate as res- judicata Either (a ) or (b).

B. D.

Voidable None of the above

60.

Validity of judgment can be challenged under Sec. 13 of (e € PCInacriminal court only B. Inacivil court only A. D. Neither (a) nor (b) Both (a) & (b) C.

61.

Under Sec. 13 of CPC, a foreign judgment can be challenged on the ground of: Competency of the court pronouncing the judgment A.

CIVIL PROCEDURE CODE, 1908

B. С. D.

| | Being obtained by fraud Sustaining а claim founded оп a breach of law in force in India All the above

62.

How many grounds of attack the foreign judgment have been provided under Sec. I3:0£ CPC: A. Six В. . Five С. 11 Four D. | Four

63.

On the ground of jurisdiction, under Sec 13 of CPC: A. Only a judgment in personam can be challenged B. Only a judgment in rem can be challenged C. Both judgment in personam and judgment in rem can be challenged D. Neither a judgment in personam nor judgment in rem can be challenged

64.

A person who institutes a suit in foreign court and claims a decree in personam after the judgment is pronounced against him: A. Can always challenge the judgment on the ground of competency B. Can never challenge the judgment on the ground of competency C. Canchallenge the judgment on the ground of competency under certain circumstances D. Either A or C

65.

Under Sec. 15 of CPC, every suit shall be instituted in: A. The district court B. The court of the lowest grade C. The court of higher grade D. АП the above

66.

Sec. 15 of CPC lays down: А. A rule of procedure C. Rule of evidence

67.

B. D.

Rule of Jurisdiction Allthe above

Under Sec. 16 of the CPC, a suit relating to immovable property can be filed in a a court of within whose local jurisdiction: A. The property is situate B. The defendant voluntarily resided or personally works for gian C. The defendant voluntarily resides or carries on busi ness D. Either A or B or C

CIVIL PROCEDURE CODE, 1908

68.

Suit in respect of immovable property, where the enti re relief sought can obtained

through the personal obedience of the defendan t, can be instituted in a court of

within whose local jurisdiction: A. Тһе property is situate B. The defendant voluntarily resides or carries on business C. Тһе defendant voluntarily resides or personally works for gain D. Allthe above

69.

Where the whole or any part of any fee prescribed for any document by the law for

the time being in force relating to Court-fees has not been paid, the Court may, in

its discretion at any stage allow the person by whom such fee is payable to pay the whole or part, of the fee as the case may be as per: A. Sec. 149 of CPC ВБ” бес. 150 of CPC C Seer Pot of CPC Pe Sec. 122 0F CPC

70.

Are any clerical or arithmetical mistakes in judgments, decrees or orders can be corrected by court on its motion? Yes A. No B. C. Partially can be D. None ofthe above

71.

Any party to the suit may make an application for the correction of any clerical or arithmetical mistakes in judgments, decrees or errors arising therein from any accidental slip or omission, to the Court as per: А. sec..149 of CPC E бес. I50 of CPC eG sec IS hot CPC Киса бее hiS2:0f CPC Place of institution of a suit in respect of immovable property, situated within the jurisdiction of different courts, has been provided as per: Ae Sec. 17 of CPC Ba бес ISofCPC C. See, 29 OF CPC D. Sec. 20 of CPC

72.

CIVIL PROCEDURE CODE, 1908

73.

Sec. 18 of CPC provides for: Place of institution of suit in respect of immovable property where the A. property is situate in the jurisdiction of one court. Place of institution of suit in respect of immovable property where the B. property is situate in the jurisdiction of two or more courts. C. Place of institution of suit in respect of immovable property where the limits of jurisdiction. D. All the above

74.

Place of suing in respect of suits for compensation for wrongs to persons or moveable property has been dealt as per; A. “See. 17 OLCPe B. ‘See. 18o0fCPC C. весло of CPC D. $Sec.200f CPC

72.

A suit for compensation for wrong done to the person or to movable property, where the wrong was done within the local jurisdiction of one Court and the defendant resides within the local limits of a other court: A. Сап be instituted in the court within whose liocal jurisdiction the wrong has been committed B. Can be instituted in the court within whose local jurisdiction the defendant resides C. Either A or B at the option of the plaintiff D. Anywhere in India

76.

"X" residing in Delhi punishes statements defamatory to “Ү? in Calcutta. “Ү?сап sue at: A. Delhi B. Calcutta C. Anywhere in India D. Either in Delhi or in Calcutta

TT.

Suits under Sec. 20 of CPC can instituted where the cause of action arises: A. Wholly B. Partly

C. D.

Either wholly or in part Only (a) and not (b) or (c)

CIVIL PROCEDURE CODE, 1908

78.

In cases where there are more {һап

one defendant, a suit can be instituted in a

court within whose local jurisdiction: A. Each of the defendant at the time of the commencement of the suit, actually and voluntarily resides or resides or carries on business or personally works for gain Any of the defendant, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business or personally works for gain and the defendant(s) not so residing etc. acquiesce e Both A and B are correct D. Only A not B A suit for damages for breach of contract can be filed, at a place: А. Where the contract was made В. Where the contract was to be performed or breach occurred Anywhere in India С. D.

80.

Both A and B

A suit relating to partnership may be instituted at a place:

C.

Where the partnership was constituted Where the partnership business was carried on Where the partnership accounts maintained

D.

All the above

A. B.

A suit relating to partnership dissolved in a foreign country can be filed at a place: in a foreign country A. Where the parties to the suit reside in India B. Both A and B Є. D. АП over India

Objections as to place of suing: А. Can only be taken before the court of first instance at the earliest possible opportunity Can be taken before the appellate court for the first time Can taken before the court of revision for the first time All the above

CIVIL PROCEDURE CODE, 1908

83.

Is jurisdiction can be conferred by the agreement of the parties? A.

Yes

В.

Мо

C.

Can be

D.

None of the above

84.

A suit to set aside a decree on the gzound of lack of territorial jurisdiction is barred as per: A. бес. 21 of CPC B. Sec. 21-A of CPC C. Sec 22 OF CEC D DEC, 290 rt PE

85.

A corporation, under Sec 20 of CPC, is deemed to carry in business at: А. Its principal office in India B. Its subordinate office in India C. BothAand B D. Either Aor B

86.

In every plaint, Under Sec. 26 of CPC, facts should be proved by: Oral evidence A.

87.

B.

Affidavit

C.

Document

D.

Oral evidence as well as document

According to Sec 27 of CPC, not beyond: A. 30 days from the B. 60 days from the C. 30 days from the D. 330 days from the

summons to the defendant to be served on such date

date date date date

of institution of institution of institution of institution

of suits of suits of suits of suits

88.

The Court may impose a fine or default upon a person required to give evide nce or to produce documents directed under Sec. 30 (b) of CPC, and such fine as per section 32(c) not to exceed: A. Rs500 B. Rs1000 C. Rs5000 D. Rs 10,000

89.

Under Sec. 39 (4) of CPC, the court passing the decree is: A. authorized to execute such decree against any person outside local limits of its jurisdiction

————————M

B. C. D.

90.

CIVIL PROCEDUREEBCODEQI08 ÉIRUMVBDUR CODE, 1908

—

—

Authorized to execute such decree against any property outside the local limits of its jurisdiction Both A and B Neither A nor B

А private transfer or delivery of the property attached under Sec. 64(2) shall not be void if:

A.

B.

€ D.

made in pursuance of any contract for such transfer or delivery entered into and registered before attachment made in pursuance of any contract for such transfer or delivery entered into and registered after the attachment made in pursuance of any contract for such transfer or delivery entered into before the attachment but registered after attachment either A or B or C

9].

Costs for causing delay are granted as per: Sec. 34 of the Civil Procedure Code A. Sec. 35-A of the Civil Procedure Code B. Sec. 35-B of the Civil Procedure Code €: Sec. 36 of the Civil Procedure Code D.

92.

The court under Sec. 89(1) of CPC can refer the dispute for: A.

B. C. D.

93.

94.

Arbitration or conciliation Conciliation or mediation Mediation or Lok adalat Arbitration or conciliation or Lokadalat or mediation

The court feels that arrest, attachment or injunction was applied for insufficient grounds, it can award for compensation against the plaintiff under Sec. 95 of CPC, not exceeding: Rs 10,000 or the limits of its pecuniary jurisdiction whichever is less A. Rs. 10,000 or the limits of its pecuniary jurisdiction whichever is more B. Rs .50,000 or an amount not to exceed the limits of its pecuniary С, jurisdiction pecuniary Rs 50,000 or this amount to exceed the limits of its D. jurisdiction whichever is more ided under Sec. 102 of СРС Second appeal shall not lie from any decree, as prov very of money not exceeding: when the subject matter of the original suit is for reco

CIVIL PROCEDURE CODE, 1908

A. C. 95;

96.

OR

99.

В” D.

Кв; 25000 1,00,000/-

A revision under Sec. 115 shall not operate as a stay of suit other proceeding before the court except where such suit or other proceeding is stayed by: A. The High Court B. The Supreme Court C. The Appellate court D. District and Session Court The court can enlarge the time under Sec. 148 of CPC for doing any act prescribed or allowed under the CPC, not exceeding in total : A. 90 days B. 60 days C. 45 days р. 30days Under Order IV , Rule I of CPC, a suit is instituted when:

A. B. C. D.

98.

Rs. 10,000/Rs. 50.000/-

A plaint A plaint A plaint Either A

is presented to the court in duplicate is presented to the court in triplicate is presented tot eh court or B or C

A defendant under Order V, Rule (1) of CPC is required to appear, answer the claim and file the written statement A. Within 60 days from the date of service of summons B. Within 45 days from the date of service of summons C. Within 30 days from the date of service of summons D. Within 90 days from the date of service of summons

In case of the failure of filing the written statements within thirty days, the defendant can be allowed to file the same on such other day specified by the court for reasons recorded in writing: A. Within 90 days from the date of the service of summons B. Within 120 days from the date of the service of summons C. Within 60 days from the date of the service of summons D. Within 45 days from the date of the service of summons 100. Summons to the defendant under Order V, Rule 9(1) of CPC, can be delive red for the purposes of serving the same on the defendant, to a courier services as: A. Approved oy the defendant B. Approved by the court C. Approved by the plaintiff D. Either A nor B or C

a

CIVIL EDURE CODE, EVE PROC EROCEDURE CODE, 1908 1908

у

101. Under Sec. 32 of CPC, to compel the attendance of a person to whom a summon has been issued under Sec 30 of CPC, the court is empowered to: A. Issue warrant for his arrest B. Attach and sell his property C. Impose a fine not exceeding Rs. 5000 D. Either A or B or C 102.

Under Order VI, Rule 17 at any stage of proceedings the court can allow to alter or amend the pleadings to: A. Either party B. То the plaintiff only C. The defendant only D. To only one defendant if there are more than one defendant

103.

The court can reject the plaint under Order VII, Rule 11 (e) of CPC, if it is not filed in A. Triplicate B. Duplicate C. Quadruplicate D. Only Cand NotA or B

104.

Rules with respect to suits by or against minors and persons of unsound mind are stipulated in: A. Order XXXII of Civil procedure Code B. Order XXXII-A of Civil procedure Code C. Order XXXIII of Civil procedure Code D. Order XXXIIII of Civil procedure Code

105. List of witnesses after settlement of issues must be filed within: 30days B. 15 days A. 60 days D. 45 days C. 106. Which of the following legal pleas need not be pleaded: Limitation B. Estoppels A. None of the above D. Res-judicata C.

107.

108.

Set-off can be: Legal set-off A. Both (a) & (b) C.

B. D.

Equitable set-off Neither (a) nor (b)

Suit for recovery of possession of immovable property has to be filed: Incivil court A. In Munsiff court B.

CIVIL PROCEDURE CODE, 1908

C.

D.

In Court in whose jurisdiction whole or part of the suit property is situated. | In the district court in whose jurisdiction the property is situated

109.

Suits for specific performance can be filed in: A. Апу Civil court B. District court C. Court within Jurisdiction of which the suit property situate D. High Court

110.

Suit for foreclosure, sale of mortgaged property or redemption of mortgage can be filed in: Any Civil court A. District court B. C. To be filed in the Court within Jurisdiction of which the mortgaged property situate D. High Court

111.

Suit for immovable property falling within the jurisdiction of different courts: Can be filed in Court of Magistrate, I st class Can be filed in District Court Can be filed in High Court р ооу Can be filed in any Court within local limits of whose jurisdication any portion of suit property situate

112.

Interest would be awarded: A. On the amount claimed by the plaintiff B. On the Principal sum adjudged from date of suit to date of decree BothAandB C. О. Either A or B

ЕЗ,

Institution A. B. C. D.

of the Order Order Order Order

summary suits is stipulated in: XXXVII Rule 2 of Civil procedure Code XXXVII Rule 3 of Civil procedure Code XXXVII Rule 4 of Civil procedure Code XXXIII Rule 5 of Civil procedure Code

114. Is agricultural produce is attachable before judgment? A VES B. No C. Discretion lies with the court D. None of the above

CIVIL PROCEDURE CODE, URE CODE, 1908 19058 SSSS

LEO;

Can court of Small Causes attach the immovable property? A. Yes B. No C.

116.

FT.

Discretion lies with the court

D.

None of the above

Consequences of A. Order B. Order C. Order D. Order

breach of disobedience or breach of injunction is stipulated in: XXXIX Rule 2 of Civil procedure Code XXXIX Rule 2-A of Civil procedure Code XXXIX Rule 3 of Civil procedure Code XXXIX Rule 3-A of Civil procedure Code Under which provision Court may order for interim sale, if any movable property which is the subject matter of the suit or is attached before the judgment is such suit, which is subject to speedy and natural decay? A. Order XXXIX Rule 5 of Civil procedure Code B. Order XXXIX Rule 6 of Civil procedure Code C. Order XXXIX Rule 7 of Civil procedure Code D. Order XXXIX Rule 8 of Civil procedure Code

118.

Rules with A. B. C. D.

respect to Suits relating to matters concerning the family is mentioned in: Order XXXII of Civil procedure Code Order XXXII-A of Civil procedure Code Order XXXII-B of Civil procedure Code Order XXXIII of Civil procedure Code

H3.

Rules with A. B. C. D.

respect to suits about indigent persons mentioned in: Order XXXII of Civil procedure Code Order XXXIII of Civil procedure Code Order XXXIV of Civil procedure Code Order XXXV of Civil procedure Code

120. Rules with respect to Arrest and attachment of property before Judgment are laid down in: A. Order XXXVI of Civil procedure Code Order XXXVII of Civil procedure Code B. Order XXXVIII of Civil procedure Code C. Order XXXIX of Civil procedure Code D. 121. Cases in which temporary injunctions may be granted are mentioned in: Order XXXIX Rule 1 of Civil procedure Code A. Order XXXIX Rule 2 of Civil procedure Code B.

CIVIL PROCEDURE CODE, 1908

C. D.

Order XXXIX Rule 3 of Civil procedure Code Order XXXIX Rule 4 of Civil procedure Code

122. As per Order XXXIX Rule 3-A, where the injunction has been granted without giving notice to the opposite party, the Court shall make an endeavour to finally dispose of the application within from the date of granting of such injunction granted. A. 15 days B. 30 days C. D.

45 days 60 days

123. In there is emergency in filing suit against government, Petitioner need not to give 60 days of prior notice to government as per Sec. 80 of Civil Procedure Code and Plaintiff may file the suit along with the application to the court claiming exception to the rule laid down in Sec. 80 quoting emergency.This statement is A. Correct B. Incorrect C. Partially correct D. None ofthe above 124. If a suit has been instituted by Plaintiff without properly including all sufficient claims then he must seek permission from the court as per Order XXXIII Rule 3 (b) to institute fresh suit in respect of the subject matters as such suit or such part ofthe claim and if Plaintiff does not seek this permission from the court and simply withdraws the suit by filing memo for withdrawal then he shall be liable for such costs as Court may award and shall be precluded from instituting any fresh suit in respect of such subject-matter or such part of the claim by Court as mentioned in Order XXXIII Rule 4. This statement is A. '"Corréct B. Incorrect C. Partially correct D. None of the above 125. Cases in which Court may issue commission to examine witness is mentioned in: A. Order XXVI Rule 1 of Civil procedure Code B. Order XXVI Rule 2 of Civil procedure Code C. Order XXVI Rule 3 of Civil procedure Code D. Order XXVI Rule 4 of Civil procedure Code

CIVIL PROCEDURE CODE, 1908

126. Courts are empowered to issue summons of appointment of commission to examine the witness not within India under: A. Order XXVI Rule 3 of Civil procedure Code B. Order XXVI Rule 4 of Civil procedure Code C. Order XXVI Rule 5 of Civil procedure Code D. Order XXVI Rule 6 of Civil procedure Code 127. Which of the following statement(s) is/are correct? Court may issue a commissiona) Toexamine any person b) To make a local investigation c) To examine or a adjust accounts; d) To make partition

Codes:

А.

Only(b) (c) and (d)

(a), (b) and (c) vaw(a), (b), (c) and 128.

(d) all are correct.

Commission for scientific investigation of any question in any suit is issued by the court as per:

A. B. C. D.

Order Order Order Order

XXVI XXVI XXVI XXVI

Rule Rule Rule Rule

8 of Civil procedure Code 9 of Civil procedure Code 10 of Civil procedure Code 10-A of Civil procedure Code

129. Application for exemption of women, who according to the customs and manners of the country, ought not to be compelled to appear in public can be sought under: A. Sec. 131 ofthe Civil Procedure Code B. Sec. 132 of the Civil Procedure Code C. Sec. 133 of the Civil Procedure Code D. Sec. 134 of the Civil Procedure Code

130. Decree can be enforced against legal representatives as per: A. B.

C. D.

Sec. 51 of the Civil Sec. 52 of the Civil Sec. 53 of the Civil Sec. 54 of the Civil

Procedure Procedure Procedure Procedure

Code Code Code Code

CIVIL PROCEDURE CODE, 1908

131.

A Judge, Magistrate or other Judicial Officer shall be liable to exempt from arrest under civil process while going to, or returning from, his court under: A. Sec. 132 of the Civil Procedure Code B. бес. 133 of the Civil Procedure Code C. бес. 134 of the Civil Procedure Code D. Sec. 135 of the Civil Procedure Code

132. Exemption from the arrest and detention ofthe members of legislative bodies during the continuance of a joint sitting, meeting, conference or joint committee of the Houses of the parliament or Houses of the State legislatures is mentioned in: A. бес. 134 of the Civil Procedure Code B. бес. 135 of the Civil Procedure Code C. бес. 135-A of the Civil Procedure Code D. бес. 136 of the Civil Procedure Code ҮЗӘ. Exemption from the arrest and detention of the members of legislative bodies during the continuance of a joint sitting, meeting, conference or joint committee ofthe Houses ofthe parliament or Houses ofthe State legislatures is also extended 40 days before and after such meeting, sitting or conference as per Sec. 135- A of the Civil Procedure Code:- This statement is A. Correct B. Incorrect C. Partially correct D. None of the above 134. Answer with the help of codes: As per Sec. 133 of CPC the persons who shall be entitled to exemption from the personal appearance in Court are: (a) The President and Vice President of India; (b) Judges of the Suprme Court and High Court; (c) Ministers of the State and Union; (d) The Speaker of the House of People Codes:

A. B. C. D.

Only (b) (с) апа (d) (а), (b) and (c) (a), (b), (c) and (d) all are incorrect.

DURE CODE, o ooCIVIL V IL PROCE ROCEDURE CODE, 1908 1908

—

УУУ

135. Interpleader suit may be instituted as per: A. B. C. D.

Sec. 86 of the Civil Procedure Code бес. 87 of the Civil Procedure Code бес. 88 ofthe Civil Procedure Code Sec. 89 of the Civil Procedure Code

136. Where it appears to the court that there are exist elements of a settlement which may be acceptable to the Parties, court can refer that suit to Mediation as per: A.

Sec. 86 ofthe Civil Procedure Code

B.

бес. 87 of the Civil Procedure Code

C.

Sec. 88 ofthe Civil Procedure Code

D.

бес. 89 of the Civil Procedure Code

E37. An indigent person may institute a suit as per: A. Order XXXIII Rule 1 of Civil procedure Code B. Order XXXIII Rule 2 of Civil procedure Code C. Order XXXIII Rule 3 of Civil procedure Code D. Order XXXIII Rule 4-A of Civil procedure Code 138. Appeal from original decree may be instituted as per: A.

Sec. 96 of the Civil Procedure Code

B.

Sec. 97 of the Civil Procedure Code

C.

Sec. 98 of the Civil Procedure Code

D.

Sec. 99 of the Civil Procedure Code

139. Provision for Arrest of the Judgment- Debtor by the court and detention in the civil prison of the District is stipulated in:

140.

A.

Sec. 54 of the Civil Procedure Code

B.

Sec. 55 of the Civil Procedure Code

C.

Sec. 56 ofthe Civil Procedure Code

D.

Sec. 57 of the Civil Procedure Code

Choose the answer with the help of codes: Properties liable to be attached and sale in execution of decree are:

(a) (b)

Houses and other buildings; Books of accounts and mere right to sue for damages;

CIVIL PROCEDURE CODE, 1908

(c)

Salary to the extent of the first one thousand rupees and two-thirds of the remainder in execution of decree;

(d)

Salary to the extent of the first one thousand rupees and two-thirds of the remainder in execution of decree of maintenance. Codes: A. Only (b) B. (c)and(d) C. (a) (b) and (c) D. (а), (b), (c) and (d) all are correct. 141.

Form of appeal (Particulars of memorandum of appeal ) are mentioned in:

A. B. C. D.

Order Order Order Order

XXVI Rule 8 of Civil procedure Code XXVI Rule 9 of Civil procedure Code XLI Rule 1 of Civil procedure Code XLI Rule 2 of Civil procedure Code

142. Application for the condonation of delay in appeal shall be made as per: A. Order XLI Rule 1 of Civil Procedure Code B. C. D.

Order XLI Rule 2 of Civil Procedure Code Order XLI Rule 3 of Civil Procedure Code Order XLI Rule 3-A of Civil Procedure Code

143. Appeal from appellate decrees (Second Appeals) has to be instituted under: A. Sec. 97 of the Civil Procedure Code B. Sec. 98 of the Civil Procedure Code C. D.

Sec. 99 ofthe Civil Procedure Code Sec. 100 of the Civil Procedure Code

144. A person, in execution of any process under Civil procedure code directing or authorizing seizure of movable property shall enter any dwelling-House: A. After sunset and before sunrise B. Anytime C. Seek the direction and get order as to the time of entry of time and

D.

make the entry only at that time None of the above

U CIVIL

———

ERUUEDURE CODE, CODE, 1908 15058 PROCEDURE

— SO )— — — — —

85

145. Power of the Court to enforce the execution of a decree is stipulated in: A. C.

Sec. 49 of the Civil Procedure Code бес. 50 of the Civil Procedure Code бес. 51 ofthe Civil Procedure Code

D.

Sec. 52 of the Civil Procedure Code

B.

146. Under sec. 100A of the CPC, where any appeal from an original or appellate decree or order is heard and decided by a single judge of a High Court: A. Nofurther appeal shall lie from the judgment and decree of such single judge B. Further appeal shall lie under the latters patent for the High Court C. Further appeal shall lie with the leave of the Supreme Court D. Further appeal shall lie before the Division Bench of the High Court 147. A person who is aggrieved by a decree or order may apply for a review of Judgment to the Court which passed the decree or made the order under: A. Sec. 113 of the Civil Procedure Code B. Sec. 114 of the Civil Procedure Code C. Sec. 115 of the Civil Procedure Code D. Sec. 116 of the Civil Procedure Code 148.

Revision Power of the High Court to is mentioned in: A. B. C. D.

Sec. 113 of the Civil Procedure Sec. 114 of the Civil Procedure Sec. 115 of the Civil Procedure Sec. 116 of the Civil Procedure

Code Code Code Code

149. A person who is aggrieved by any Judgment, decree or final order in a civil proceedings of a High Court, can appeal to the Supreme Court as under: Sec. 109 of the Civil Procedure Code A. Sec. 110 of the Civil Procedure Code B. Sec. 111 of the Civil Procedure Code C. Sec. 112 of the Civil Procedure Code D. 150.

Is property attached before judgment can be re-attched in execution of a decree? No B. A. — Xes D. | None of the above Partially can be C.

animjojoj

ANSWERS

CIVIL PROCEDURE CODE, 1908

CIVIL PROCEDURE CODE

| [s [со

|е00| t~ | [x [со [c — |o [oo [eо| јо [sr [со

CIVIL PROCEDURE CODE, 1908

эм aie ©

г~ —

N е

CIVIL PROCEDURE CODE, 1908

ж ж ж

LEGAL THEORY l.

The term Legal Theory has been first time coined by A. Hans Kelson B. №. Friedman C. Salmond D. Ronald Dworkin

2.

| Legal theory is based on A. A systematic study of positive law Purely logical and empirical study B. Concepts like morality, justice and ethics C. Total exclusions of customary practices, morality and social vagaries D.

3.

| Who separated Jurisprudence from religion? A. Kant B. Hugo Grotius C. Salmond D. Jetro Brown

4.

“Sovereignty must be determinate; it is essential, is indivisible and is unlimited and illimitable". Who conceived this about the sovereignty? A. Hobbes B. Austin C. Jean Bodin D. Plato

S

Which one of the following statement is correct? Grandnorm is the basic hypothesis of A. H.Kelson B. J.Austin Сл»

HLA Hor

D

H Gray

LEGAL THEORY

Which of the following are the correct combinations? 1. Bentham and natural law 2. | Austin and positivism 3. | Roscoe pound and sociological jurisprudence 4. Нету Maine and philosophical School Select the correct answer using the code given below: A. 1 and 2, only B. 2 and 3, only C. 3and4 D. £2 and3 Match List-I (Exponent) with List-II (School of Jurisprudence) and select the

correct answer using the code given below: List-I-Exponent List-II-School of Jurisprudence (a) H.Kelsen 1. Natural (b ЕЅауірпу 2. | Pure Theory (c) J.Rawls 3. Sociological (d) M.Maine 4. — Historical Codes:

(a)

(b)

2c D-——4-——3 C-2-3 5 МЕРЕ Б

(o

(d)

3 1 1 3

4 2 4 2

Which one out of the following statements is not correct with reference to Savign y’s theory of Volksgeist? Law cannot be universal or general in character Law is found and not made р OW Law grows with the growth and strengthens with the strength of the people D. Lawisan instrument of social change and social reform It is said that the next step forward the long path of man’ s progress may be from jurisprudence to Jurismatrics. In this context, what does Jurismatrics signify? l. Speculations about law 2. Scientific investigations of legal problems 3. Increasing awareness of the fruits of the interdisciplinar y cooperation. 4. Relationship between law, economy and society

LEGAL THEORY ————————————ÓSSÀALIHEORY

Select the correct answer using the code given below: A. B. C. D.

1,2and3 2,3 and4 1,3 and4 1:2and4

10.

There is clear cut division between the spheres of the legislature and the Judicary. The former makes the law and the latter applies them. Which one of the following propounds this doctrine? A. Analytical jurisprudence B. Historical Jurisprudence C. Sociological Jurisprudence D. Philosophical Jurisprudence

n.

Engen Ehrlich is a well-known jurist of sociological school of jurisprudence . Which one of the following statements may not be attributed to the theory o propounded by him? Law is derived from social facts Law depends on social compulsion There is a “living law" underlying the formula rules ofthe legal system State law has significant influence on shaping and development of living law

oos»

2.

8:

Who among the following divided the sources of law into formal sources and material sources? A. B. C.

Allen Keeton Salmond

pm

Gray

Match List-I (Kind of Legislation) with List-II (Legislation) and select the correct answer using the code given below: List-II-(Legislation)

List-I-(Kind of legislation)

(a) (b) (c) (d)

Supreme legislation Executive legislation Delegated legislation Conditioned legislation

1. 2. 3. 4. 5.

Law based on discretion of the authority Law enacted by authority other than legislature law enacted by the legislature Ordinance issued by the President/Governor Law made by the Judges while deciding the case

LEGAL THEORY

ee

Codes:

(a

(b)

(co

(d)

A. B.

2 2

4 1

2 5

1 4

Ca

r3

1

2

4

ДЭ.

22

4

5

1

14.

What do Rights in rem means? A. Rights available against the whole world B. Rights in one's own things C. Rights relating to property D. Eights to receive damages

үз;

А borrowed three years. A. B. C. D.

16.

Which one of the following sets does not represent tests of authority of custom? A. X Continuances, peaceable enjoyment B. Antiquity, obligatory force Certainty, reasonableness C. D.

a sum of Rs. 5,000/- from B, which he did not repay for a period of Now, which one of the following rights does B have against A? Perfect right Imperfect right Proprietary right None ofthe above

Codification, moral

LE

Who has described Jurisprudence as “The lawyer’s extraversion. It is lawyers examination of the percepts, ideals and techniques of the law in the light derived from present knowledge in discipline other than the law”? A. Paton B. |.Holland C. Austin D. Julius Stone

18.

In which one of the following cases was it observed t by the supreme Court that precedent would not be petrified nor judicial dicta divorced from socio- economic mores of the age? A. Mamleshwar vs. Kanahaiya lal B. Bengal Immunity Company Ltd., vs. State of Bihar

OR LEGAL THEORY

C D. 19.

K.C Dara vs. G Annamana

State of West Bengal vs. Corporation of Calcutta

Match List-I with List II and select the correct answer using the code given below: List -I List-II (a) Social Solidarity (1) Roscoe Pound (b) Social Utilitarian (11) Grotious (c) Social Engineering (111) Duguit (d) Social Contract (iv) Ihering Codes:

(a)

(©)

(d)

(1)

л) (Qv)

Gav) (1)

A B.

Gy) (ii)

C.

(v) @)

D. 20.

(b)

аууу:

(и)

Match List-I (Statements) with List II (Exponents) and select the correct answer using the code given below: List-I (Statements) List-II-(Exponents) (1) Gray (a) No one has any other ‘right’ than always to do his duty (11) Holland (b) ‘Right’ is power over a object which by means of this right he subjected to will of the person enjoying the right. (111) Duguit (c) Legal right means, “А capacity rediging in one man of controlling with the assent and assistance of the state, the acts of the other". (1v) Patchta (d) Right is not the interest by itself but it is a mean by which enjoyment of interest is secured. Codes: (а) (b) (c) (d)

(1) (ii) (ii) (iii) oos»

е

(Q0) (n

(ii) (1) (i) (iv)

————

(iii) (iv) (iii) (iv) (iv) (ii) (19го

Aii)

i€—

LEGAL THEORY

21.

Which of the following are the subordinate legislations? 1. Parliamentary legislations 2. Colonial legislations 3. Judicial legislations 4. Executive legislations

Select the correct answer using the code given below: A. 2, 3and4 B. 1, 2 and 3 C. 1,2and4 D. 1,3 and4

22.

Which of the following is/are the constituent element(s) of international customary law? 1. Uniformity 2. | Reasonable time 3. Constancy Select the correct answer using the code given below: A. 3Only B., ЧОМУ C. Тапа 3 Only D. 1,2 and3

23.

Which of the following is not correct regarding Legislation and Precedent? A. Legislation reflects the formal will of the state and precedent has its source in judgment of the court. B. Legislation is the formal expression of new laws by the Legislature and precedent is the creation of the law by recognition. C. Legislation is the general declaration of law in abstract form and precedent is the manifestation of the law in action D. Legislation are based on the minority opinion and precedents are created or based for future decision

24.

If the jural co-relative of “Right” is “Duty”, then the co-relative of ' Liberty" is

25.

A.

Power

B. C. D.

Disability Liability Noclaim

Right in aliena means right over: A. His own property B. А property of someone else C. A property situated in a foreign country D. Aproperty situated in one's own country

SS

———

a

U

LEGAL a THEORY у

.______У

26.

Which of the following are elements of legal right? A. Responsibility , liability and Power Subject, Object and Title B. Liability , Title and Accountability C. D. Accountability, Responsibility and impartiality.

27].

On which one of the following one can have corporeal ownership? A. Right B. Trademark Movable property C. Adebt D.

28.

Ownership to patents, copyright and trademarks and the right to an easement is called A. Incorporeal ownership B. | Corporeal ownership C. Equitable ownership D. Contingent ownership

29

The meaning of the term “mediate possession" is A. Possession acquired through an agent B. Title ofthe tight and not the right itself C. Voluntary relinquishment of possession D. Continuous claim to a thing

30.

Which of the following is not a ‘Kind of possession?’ A. De facto and De jure B. Concurrent and Duplicate C. Corporeal and Immediate D. Infinity and Antiquity

31.

Which of the following statements are correct? 1. Ownership can be legal and vested ownership 2. | Ownership can be legal and equitable Ownership Ownership can be trust and beneficial ownership 3. Select the correct answer using the code given below: AN rckaado Beltordand3 Qc

ands

D.

2 and 3

LEGAL THEORY

32.

Which one А. В. C. D.

33.

of the following propositions is not correct? Physical control is the essence of the ownership Animus and corpus are necessary to constitute possession Only when both animus and corpus are lost, possession is lost-so said Paul Possession is the prima-facie evidence of ownership

Match List-I (Legislation) with List II (Kind of Legislation) and select the correct answer using the code given below: List-I -Legisaltion List-II-Kind of Legislation (a) Ordinances promulgated by the President 1. Executive Legislation (b) Admission rules of a University 2. Conditional legislation (c) Government's Notification regarding

the application of an Act (d) Town planning bye -laws Codes:

(a) AU n ч мо p 1

34.

(b)

(c

(d)

E 9 3 E

1 2 1 2

4 d 4 3

Which of the following propositions are accepted by three theories of rights? I Rights are independent of duties 24 Rights are for the satisfaction of interests 3. Rights are recognized because there is a will of the individual to exercise 4. Rights and duties are correlative Select the correct answer using the code given below: A. Cr

35.

3. Muncipal Legislation 4. Autonomous legislation

1,2 and3 ad, 2 ane4

5. I.

2,3914 „лама 4

Which out of the following represent the divisions of right? 16 Perfect Right and Imperfect right 2 Right in rem and Right in personam З. Legal right and equitable right 4. Unenforceable right and enforceable right Select the correct answer using the code given below:

LEGAL THEORY

A. C.

36.

What does A. B. C. D.

1,2 and3 1.2 and 4

B. D.

2,3. and 4 1,3 and 4

violation of right actionable per se mean? Not actionable Actionable without proof of any damage Actionable against some persons only on proof of damage None of the above

37.

“No one has any other right than always to do his duty”. It was stated by : A. Kelsen B. Prof. Duguit C. Holland D. Salmond

38.

Directions: The following statements consist of two statements, one labeled as the ‘Assertion (A)’ and the other ds * Reason (R )' . You are to examine these two statements carefully and select the answers to these items using the code given below: i A. Both (A) and (R ) are true and (R) is the correct explanation of A. B. Both(A)and(R)are true but (К )is NOT the correct explanation of A. C. (A)istrue but (К Jis false D. (A)is false but R is true. Assertion (A) : Owner of a property has a right to destroy the same. Reason (R) : Right to ownership includes the right to hold, possess, enjoy, alienate as well as destroy.

39.

Alegalsystem which works to ensure a fair division of social benefits and burdens among the members of the community. It serves to secure the balance and equilibrium among the members of the society. What is the name of this legal system? Corrective justice B. Distributive Justice A. Adversarial Justice. D. Remedial Justice C.

40.

“Law is without doubt a remedy for greater evil, yet it brings with it evils of its won." Who said it? Friedman B. Blackstone A. Hobbes D. Salmond C.

41.

Consider the following statements: (1) Where there is a right there is a remedy (2) Rights and duties go side by side

LEGAL THEORY

(3)

State is always able to enforce all the rights

Which of the statements given above are correct? A.

1,2апа3

B. C. D.

land2only land3only 2and3 only Жжжж

ANSWERS-LEGAL THEORY:

м

>

eee |

C-

ејео.

| г == m —/—_ e

NO© i|

K.C. Dhara vs. G.Annamana

ADMINISTRATIVE LAW 1

Find the correct answer:

Administrative law is the law relating to the powers and procedures of: A. The Parliament B. The legislature | C. The Administrative Authorities D. Judiciary

2.

| Answer the following using the codes given below: Administrative law deals with: (i) | Composition, powers and functions of the administrative authorities; (п) Procedures to be followed by the administrative authorities in the exercise of their powers and functions (11) Methods and control of powers of the administrative authorities (ivy) Remedies available to a person in case of violation of his rights by the administrative authorities. Codes: A. Only (1) correct B. (1) and (i1) are correct. C. Only (ii) is correct D. Allthe above is correct.

3.

Епа the correct statement: Administrative Law is branch of public law and is only a part of A. constitutional law. It cannot control the Constitutional law. B. Administrative Law is a branch of private law Administrative law is independent to constitutional law C. Administrative law is neither the branch of public law nor of private D. law, but part of Constitutional law.

ADMINISTRATIVE

4.

LAW

“Administrative Law is the law concerning the powers and procedures of administrative agencies, including especially the law governing judicial review of administrative action". This definition of Administrative is given by: A. IvorJenning B. | Garner C. К.С Davis D. | Wade Administrative law is concerned with the operation and control of the powers of administrative authorities with emphasis on functions rather than on structure. This definition was given by: A. Ivor Jenning B. K.C Davis C. Wade D. . Garner Which one A. B. C. D.

of the following is not basic source of administrative law? Custom Delegated legislation Ordinance promulgated by Governor Reports of the committees and commission

Administrative Law primarily does not concern itself with which of the official functions? A. Rule- making B. Rale -application C. Quasi-Judicial Action D. Private law

In which of the following abuse of discretionary power is inferred? (1) | Use for improper purpose (ii) Malafide (iii) Relevant consideration (iv) Leaving out irrelevant consideration Answer using the codes below: A. Only (i) correct B. (i) and (ii) are correct. C. Only (ii) is correct D. All the above is correct.

9;

What is the effect of violation of the rule: “Audi Alteram partem” on an administrative action? А. Меге Irregularity В. Nulland Void С. Anillegality D. . Voidable

i I————

ADMINISTRATIVE

LAW

10.

In which of the following case, the Supreme Court held that the principles of Natural justice are applicable to administrative proceedings? A. М.С. Mehta Vs. Union of India B. Мапека Gandhi Vs. Union of India C. A.K.Kraipak Vs. Union of India D. АК. Smt Indira Gandhi Vs. Raj Narain

11.

Find the correct answer: The Principles of Natural Justice are: (1) Мо person can be judge of his own case. (ii) |No person shall be condemned unheard. Codes: A. Only (i) correct B. (1) and (i1) are correct. C. Only (ii) is;correct D. | Noneofthe above is correct.

12.

The rule of ‘Audi alteram partem" requires reasonable opportunity of hearing. Hearing may be A. Only in writing B. Onlyorally C. Written or oral D. Written and oral both

13.

Whatare the exceptions to the rule of natural justice? Answer using codes given below: (1) Exclusion by statutory provisions (ii) Exclusion by Constitutional provisions (11) Exclusion in case of legislative act. (iv) Exclusion in public interest. Codes: A. Only (1) correct B. (1)and (п) are correct. D. None of the above is correct. Only (ii) is correct C. Read both statements (A) and (R ) and give the correct answer by using the

14.

codes below: Assertion (A) : Equality is antithetic to arbitrariness. Reason ( R ) : Article 14 of the Indian Constitution prevents arbitrary discretion being vested in the executive. Codes: Both (A) and (R ) are true and (R) is the correct explanation of A. A. Both(A) and ( R) are true but (R ) is NOT the correct explanation of A. B.

ADMINISTRATIVE

C. D.

LAW

(A) istrue but ( R Jis false (A)is false but R is true.

15.

The doctrine of Separation of powers is traceable to: A. Aristotle B. Ivor Jennings C. Locke D. None of the above

16.

Read both statements (A) and (R ) and give the correct answer by using the codes below:

Assertion(A) : Indian constitution has not recognized the doctrine of separation of Powers Reason (R ) Doctrine of separation of powers accommodates a system of checks and balances. Codes: A. Both (A) and (R) are true and (R) is the correct explanation of A. B. Both(A)and(R)are true but (R ) is NOT the correct explanation of A. C. (A)istrue but (К Jis false D. (А) 15 false but R is true.

17.

Mandamus cannot be issued , where the fundamental right is infringed by A. AStatue B. А Statutory Order C. AnExecutive Order D. Private Body

18.

On which one of the grounds, a writ of Certiorari may be issued? A. Error of Jurisdiction B. Error apparent on the face of record C. Violation of natural justice D. Allthe above

19.

Read both statements (A) and (R )and give the correct answer by using the codes below: Assertion (A): The Principles of natural justice ensures fair hearing. Reason (R): It requires unbiased judge to decide after hearing all partie s. Codes: A. Both (A) aad (R) are true and (R) is the correct explanation of A. B. Both (A) and (R) are true but (К) is NOT the correct explanation of A. C. (A)istrue but (R Jis false D. (A)is false but R is true.

ADMINISTRATIVE

20.

LAW

Prerogative writs to review an administrative action are: A. Two: Writ of Habeas Corpus and writ of Mandamus B. Three: Writ of Habeas Corpus and writ of Mandamus and Writ of Prohibition C. Four : Writ of Habeas Corpus and writ of Mandamus and Writ of Prohibition and Writ of Certiorari and Writ of Quo warranto D. Five: Writ of Habeas Corpus, writ of Mandamus, Writ of Quo warranto, Prohibition and Writ of Certiorari and Writ of Prohibition.

ЛЕ

Judicial review of Administrative Action means A. Review by Parliament B. Review by Judiciary C. Review by Executive D. Review by Legislative Assembly

22,

The high Court can exercise Ше supervisory jurisdiction over the courts and tribunals subordinates to it under A. Art. 32 B. Art. 226 C. nt 227 D. Art. 141

28.

Mandatory procedural requirement for an administrative tribunal must be A. Гера! Representation B. Reasoned decision C. Cross examination D. All the above

24.

Find the correct answer: The writ of Prohibition may be issued, when there is A. Ап absence of jurisdiction or abuse of jurisdiction. B. X Violation of principles of natural justice and fraud C. Апу kind of contravention of the of law of the land D. All the above.

25.

Abuse of discretion can be inferred from the following circumstances. Find out the answer from the codes given below: (i) Non application of mind Colourable exercise of power. (ii) (iii) Non-observance of audi alteram partem (iv) Irrelevant considerations Codes: B. (1) and (ii) are correct. Only (1) correct A. D. (i) (ii), (iii) and (iv) are correct. Only (ii) is correct C.

ADMINISTRATIVE

LAW

26.

Find correct answer The writ of Certiorari necessarily implies that: A. An error of fact cannot be corrected. B. An error of law apparent on the face of the record, can be corrected C. Violation of natural justice. D. None ofthe above.

AT.

Read both statements (A) and (R ) and give the correct answer by using the

codes below: Assertion (A): legitimate Expectation does not grant an absolute right to a claimer Reason (R): Legitimate Expectation protects the right of fair hearing before a decision which regulates in negating a promise or withdrawing an undertaking is taken.

Codes: A. B. C. D.

28.

Both (A) and (R ) are true and (R) is the correct explanation of A. Both(A)and( R)are true but (R) is NOT the correct explanation of A. (A)istrue but (К Jis false (A)is false but R is true.

Match List- I with List-II and indicate correct answer using the codes given below:

List-I

List-II

(a) (b) (c) (d)

А.К. Kanipak Vs. UOI Manak Lal Vs. Dr.Prem Chand Мапека Gandhi Vs. Union of India Olga Tellis Vs.Bombay Muncipal Corporation Codes:

(a A.

ы) Вее)

29;

(b

(©

(чә)

(i)

Cc

da)

D

(n).

nd)

eB:

Post decisional hearing Personal loan Pecuniary bias Reasonable opportunity of hearing

@

(uy "(iy voi) s. Gi)

(i) (п) (ш) (iv)

SGV)

Answer the following codes given below: Which of the following doctrines were developed by the Court to control the administrative actions? (1) Doctrine of Promissory Estoppel (п) Doctrine of legitimate Expectation

ADMINISTRATIVE

(ш) (iv)

Doctrine of Separation of powers Judicial Activism

Codes:

30.

LAW

A. B. C. D.

Only (1) correct (1) (ii) and (1i1) are correct. Only (ii) and (iv) are correct All the above are correct.

Writ of mandamus will not lie against: A. C.

President of India . Local authorities

B.

Parliament

D.

Courts and Tribunals

3E.

Which of the following A. Mandamus B. Mandamus C. Mandamus D. Mandamus

32;

Which one of the following States has not yet established the institution of Lokayukta? A. C.

33.

statements is true? lies against quasi- judicial order is issued where inferior court declined jurisdiction. may be issued, even if alternate remedy is available. may be issued even no legal petitioner subsists.

Uttar Pradesh Uttarakand

B.

Karnataka

D.

None of the above

Match List- I with List-II and indicate correct answer using the codes given below: List-I List-II (1) Writ of Mandamus (a) Bring the body before the court (11) Writ of Certiorari (b) Petitioner's legal right to compel the performance (iii) Writ of Habeas corpus (c) By whatauthority a person is holding the public post (iv) Writ of Quo warranto (d) Action of the Subordinate court in violation of the Principles of natural Justice

Codes:

(a

(b) (o

(d)

Gm)

()

(Gv)

(i)

Gi.

(i).

(x)

(0).

(1). Jawe

(n

Gil) (у) AGI). ... (Gi) (iv) U)

ADMINISTRATIVE

34.

LAW

Read both statements (A) and (К )and give the correct answer by using the codes below: Assertion (A) : One of the principles of natural justice is, ‘No man shall be judge in his own cause’. Reason (R) : Principles of natural justice require fair play in action. Codes: A. Both (A) and (R ) are true and (R) is the correct explanation of A. B. Both(A)and(R)are true but (R ) is NOT the correct explanation of A. С. (A) is true but (К Jis false D. (А) 15 false but R is true.

35.

Read both statements (A) and (К )and give the correct answer by using the codes below: Assertion (А): Lokpal is the demand of time.

Reason (R) : Lokpal is a time saving institution. Codes: A. Во (A) and (К) are true and (R) is the correct explanation of A. B. Both(A)and(R)are true but (К ) is NOT the correct explanation of A. C. (A)istrue but (R Jis false (А) 15 false but R is true. D. 36.

Lokpal and Lokayukta is competent to: A. Discharge the functions administrative officer. B. Investigate complaints involving grievances in respect of administrative actions. C. Conduct inquiry against administrative officer for disciplinary actions. D. Give observations and recommendations in respect of administrative actions to the government.

37.

Match List- I with List-II and indicate correct answer using the codes given below: List- I-(Principles)

(a)

Doctrine of post decisional hearing

(b) (c)

Doctrine of legitimate expectation Doctrine of public accountability

(d)

Росгіпе of Separation of powers

Codes: A.

(а) (ii)

(b) (c) (d) (iii) (v) (i)

List-II-(Case-laws)

(i)

_ Ramjawaya Kapur vs. State of Punjab (ii) Maneka Gandhi vs. UOI (iii) UOI vs. Hindustan Development Corporation (iv) Vineet Narain vs UOI

—

AARAVERINIDAAVARARVRV — ADMINISTRATIVE

er

BS) iy Corey" DI di)...

38.

—“C—sS—s—s

.

s). Gis (iv) yay (ii) ДЕЎ}: (6s c (i

What was specifically declared by the Supreme Court in the Delhi laws Act case? (a) Legislature should not delegate its essential function (b) Excessive delegation of powers can be struck down by courts (c) Extension of laws with certain modification and by changing the underlying policy of legislation is allowed (d) Legislature should itself lay down standard in the delegating Act learning the delegate with the power to make rules to execute policy laid down in the legislation Codes:

A. C. 3g.

LAW LAW

(е), (а), (d) (d),(c ), (b)

B. D.

(6), (d), (а) (a) ©), (d)

Match List- I with List-II and indicate correct answer using the codes given below: List- I - (Case-Laws)

List-II-(Prinicples)

(a) Errington vs. Minister of Health functions as well (b) Canara Bank Vs. V.K.Awasthhy (2005) (c) Gullpalli Nageshwara Rao Vs. A.P State

Road Transport Corporations,1959 (d) A.K. Kraipak Vs. UOI (1970)

Duty to act act fairly-in administrative (11) Post decisional hearing (iii) No evidence should be taken at the back of other party (iv) One who decides must hear

(i)

Codes:

(a (ш)

(b) (© (d) (0) (iv) (ш)

(1) (iv) (iii)

(ii) (ш) () (Qi) (ii) (iv)

ong» 40.

Read both statements (A) and below: Assertion (A): A High Court under Art. 226 and dismiss the Reason (R ) : It would be proper

(iv) (ш) (0 (R ) and give the correct answer by using the codes

may decline to exercise its extra-ordinary jurisdiction writ summarily or in limine. for the High Courts to dispose of the petition summarily

ADMINISTRATIVE

or in limine, Codes: A. B. C. D.

LAW

when no important question of law are raised in a writ petition. Both (A) and (К) are true and (R) is the correct explanation of A. Both(A)and(R)are true but (R ) is NOT the correct explanation of A. (A)istrue but (R Jis false (A)is false but R is true.

41.

In which case, Supreme Court held that the ‘Tribunals constituted either under Art. 323- A or under Art.321-B of the Constitution, possess the competence to test the constitutional validity of a statutory provision or rule subject to review by the High Court and observed that Tribunals are not substitutes but are supplementary and all decisions of the Tribunals will be subject to the scrutiny before a Division Bench of the respective High Courts’? A. Indra Sahaney Vs. UOI B. Sampath Kumar Vs. UOI C. Г. Chandra Kumar Vs. UOI & Ors. D. None of the above

42.

‘Every Employer (whether State or private) must make sincere endeavour to conclude the departmental inquiry proceedings once initiated against the delinquent employee within a reasonable time by giving priority to such proceedings and as far as possible it should be concluded within six months as an outer limit’. In which case, Supreme Court made this significant ruling with respect to service law? A. Prem Nath Bali Vs Registrar, High Court of Delhi B. Indra Sahaney Vs. UOI C. Г. Chandra Kumar Vs. UOI D. None of the above

43.

Тһе writ of Habeas corpus will be issued if : A. Detention is legal B.Detention is prima facie legal. C. Detention is prima facie illegal ^D.Detention is primarily illega l. Find the correct answer: Administrative Tribunals exercises: A. Purely administrative functions: B. Purely Judicial functions C. Purely Legislative functions D. Quasi judicial functions

44.

жж ж

ADMINISTRATIVE LAW ANSWERS-ADMINISTRATIVE LAW: 1:

С

2:

B

3:

A

4.

С

>

C

6.

A

T. 8. 9. -A.K. Kripak vs. UOI, (1982) 1 SCC 271

esr] OX 997] | КОСО pO idiom КСРО РЫ >Ге үш

ADMINISTRATIVE

LAW

№ po

PPIT qe

|] W |W Г» Ww

C-

L.Chandra Kumar vs. UOI & Ors.Appeal Civil481 of 1980.

A-

Prme Nath Bali vs. Registrar, High Court of Karnataka,Civil Appeal No. 958 of 2010 in Supreme court of India.

C-. [bh [ш >||| ee м рее

ENVIRONMENTAL LAW The Statutes/Legislations enacted in India exclusively for Environmental Protection are:

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20)

The Water (Prevention and Control of Pollution) Act, 1974

The Water (Prevention and Control of Pollution) Rules, 1975 The Water (Prevention and Control of Pollution) Cess Act, 1977 The Water (Prevention and Control of Pollution) Cess Rules. 1978 The Air (Prevention and Control of Pollution) Act, 1981

The Air (Prevention and Control of Pollution) Rules, 1982 The Environment Protection Act, 1986

The Environment (Protection) Rules, 1986 Hazardous Wastes (Management and handling) Rules, 1989

Manufacture, storage and Import of hazardous Chemical Rules, 1989 Forest Conservation Act, 1980

The Forest ( Conservation) Rules, 1981 The Wildlife Protection Act, 1972

The Wildlife (Transactions and Taxidermy) Rules, 1973 The Wildlife (Stock Declarations) Central Rules, 1973 The Wildlife (Protection) Licensing (Additional Matters for Consideration) ules, 1983 Wildlife(Protection) Rules, 1995 The Wildlife (Specified Plants-Conditions for Possession by Licensee) Rules, 1995 The Public Liability Insurance Act, 1991 etc.,

The Public Liability Insurance Rules, 1981 The National Environmental Tribunal Act, 1995

The National Environmental Appellate Tribunal Act, 1995 The National Appellate Authority Act, 1997 The Wildlife (Transactions and Taxidermy) Rules, 1973

ENVIRONMENTAL LAW

QUESTIONS: 1.

Under Which Article of the Constitution Environment (Protection) Act, 1986 was enacted?

2.

A.

Art 253

С

А255

АЙ 258 Art. 254

The definition of ‘environmental pollution’ under the Environment (Protection Act) is

A. B. C. D. 3.

B. D.

Any Pollution of air, water and soil. The presence of any solid, liquid or gaseous substance in the environment that causes injuries to man, The presence in the environment of any pollutant Any pollution of land, sea and the air

MatchList-I-(Case-Laws) with List-II-(Principles) and select the correct answer

using the code given below: List -I-Case Laws (a) Rylands Vs. Fletcher

(1)

(b) Sree Ram Gas Leak case (c) Vellore citizen’s Welfare

(11) (111)

List-II-Priniciples Principle of public trust for ecological protection Principle of Absolute Liability Principle of Polluter Pays

(iv)

Principle of strict liability

Forum Vs.UOI

(d) М.С Mehata Vs. Kamalnath Codes:

A. B. Cas D. "

4.

Which of protection (a) (b) (c)

(a

(b

(co

(а)

(iv) (п) ЭМ) Gu)

(1) 60): hay O-

(ш) (ii) ili so (m)

(1) Ly) di Gy)

the following are the three key policies with respect to environmental in India: The National Forest Policy, 1988 Policy statement for Abatement of Pollution , 1992 National Conservative Strategy and Policy Statements on Environment and Development, 1992 (d) National Forest Policy, 1972

OO

ENVIE RONMENTA L LAW me m

Select the correct answer using the code given below: A. (a) (b) and (c) B. (b) and (c) С. (a) (b) and (d) 5.

Read both statements (A) and (R )and give the correct answer by using the codes below: Assertion (A) : polluter pays principle means polluter should internalize the costs of their pollution, control it as its source, and pay for its effect, including remedial or clean up costs, rather than forcing other states or future generations to bear such costs. Reason (R ) : Vellore citizen's welfare forum Vs. Union of India decided laid

down this Codes: A. B. C. D. 6.

D. (a) and (c), only

One of the A. B. C. D.

prinicple. Both (A) and (R ) are true and (R) is the correct explanation of A. Both(A)and(R) are true but (R ) is NOT the correct explanation of A. (A)istrue but (К Jis false (A)is false but R is true.

following case is popularly known as “Doon Valley case"? Pathumana Vs. State of Kerala M.C.Mehata Vs. union of India Unnikrishna vs. State of A.P. RuralLitigation & Entitlement Kendra Vs. State of U.P

7.

| In case of violation of Art. 21 by disturbing the Environment, the court could award damages not only for the restoration of ecological balance but also for the victim who have suffered due to that disturbance."In which case the Supreme Court has made above observation? A. M.C. Mehta Vs. Union of India AIR 1997 SC 734 B. M.C. Mehta Vs. Kamal Nath (1997) 1 SCC 388 C. М.С. Mehta Vs. Kamal Nath 2000 SC 1997 D. М.С. Mehta Vs. Kamal Nath 2000 (2) SCALE 654

8.

In which case, the Supreme Court of India held that there is no reason to compel non-smokers to be helpless victims of the pollution? A.

Salem Advocates Bar Association, Tamil Nadu Vs. UOI

B. C. D.

Onkar Lal Bizoe Vs. UOI Ramakrishna Vs. State of Kerala Murali S. Deora Vs. UOI

ENVIRONMENTAL LAW

9.

10.

11.

What are the provisions in the Indian Penal Code for environmental Protection? A. Sec 268 and Sec. 269 B. бес. 270 and Sec. 278 C. Both A and B D. OnlyA The Polluter pays principle has been incorporated in : A. Principle 15 of Rio Declaration on Environment and Development B. Principle 27 of Rio Declaration on Environment and Development C. Principle 8 of Rio Declaration on Environment and Development D. Principle 16 of Rio Declaration on Environment and Development. Two important Amendments were brought in the year 1976.One with reference directive principles of state policy making the state responsible to protect and improve the environment and safeguard the forest and wildlife of the country. The other, under fundamental duties making every citizen to protect and improv e the natural environment including forest, Lakes Rivers and wildlife and to have a compassion for living creatures. The relevant amendment is:

A. C.

12.

13.

Protection A. B. C. D.

49 Amendment 45th Amendment

B. D.

42™ Amendment 43rd Amendment

and improvement of environment and safeguarding forests and wild life is: Oneofthe Directive Principles of state policy Fundamental right Fundamental duty Both directive principles of state policy and fundamental duties

Sec.19 of Environment (Protection) Act, 1986 enables a person to file a complaint in criminal court after giving a notice to the Pollutio n Control Board. Once a complaint has been made, the board is bound to make available to the complaint all relevant reports to him on demand. The board may also refuse to disclose on public interest.Similar provisions are also availabl e under: A. B. C. D.

Sec. 49 of the Water Act, 1974 and Section 43 of the Air бес. 43 of the Water Act, 1974 and Section 47 of the Air Sec. 47 of the Water Act, 1974 and Section 43 of the Air бес. 49 of the Water Act, 1974 and Section 47 of the Air

Act,1981 Act,1981 Act,1981 Act,1981

м —ж— ENVIRO ы———— NME— NTALм LAW млУ — мУ /

14.

“The Public trust doctrine primarily rests on principle that certain resources like air, sea, water and the forests have such a great importance to the people as whole that it would be wholly unjustified to make them a subject of privat e ownership.” The above Doctrine was discussed in detail in one of the following case 15:

15.

A.

M.C.Mehata Vs.Kamalanath

B. C.

Rural Litigation and Environment Kendra Vs. Union of India Vellore Citizens Welfare Forum Vs. Union of India

D.

М.С. Mehata Vs. Union of India

The problem of the pollution of river Ganga by the inaction of the municipalities was brought to light in which of the following case? A.

Indian Council for Enviro Legal Action Vs. Union of India

B.

A.P Pollution Control Board Vs. M.V. Nayudu

C.

SJagannath Vs. Union of India

D.

М.С. Mehta Vs. Union of India

Which one of the following cases relates to Sariska Tiger Park? A.

B. C. D. 17.

18.

Tarun Bharat Sangh vs. Union of India & Ors.

Consumer Education and Research Society Vs. Union of India Pradeep Krishna Vs. Union of India Animal and Environmental Legal Defence Fund case

What is the period of notice required to be served upon the Central Government for filing a criminal complaint by any person, under the provisions of Environment (Protection) Act, 1986? A.

Notless than 30 days

B.

| Notless than 60 days

C.

Not less than 90 days

D.

| None of the above

Which of the following Articles of the Constitution of India have been mostly used by the Supreme Court to protect the environment? A.

Art. 32

Born

C.

Both Articles 21 and 32

D.

xn | None of the above

ENVIRONMENTAL LAW

19.

20.

ZN.

22.

23.

Which one of the following cases is considered as “High Water-mark case in Forest Protection" decided by the Supreme Court? A.

T.N Godarvarman Tirumulkpad Vs. Union of India & Огѕ.5

B.

Salebhai Mulla Mohamadali Vs. State of Gujarat.

C.

Narmada Bachao Andolan Vs. Union of India

D.

Samatha Vs. State of Andhra Pradesh

Which of the following case relates to transfer of Tribal lands by Government to Non-tribal people? A.

Shri Manchegowda Vs. State of Karnataka

B.

Samatha Vs. Sate of Andhra Pradesh

C.

Suresh Lohiya Vs. State of Maharashtra

D.

Fatesang Gimba Vasava Vs. State of Gujarat

In which of the following case, the constitutionality, legal validity, propriety and fairness of the settlement ofthe claims ofthe victims in a mass tort action relating to Bhopal Gas Leak Disaster has been challenged in ht Supreme Court of India? A.

Union Carbide Corp. Vs. Union of India

B.

M.C. Mehta Vs. UOI

E

Consumer Education and Research Society Vs. UOI

D.

Charanlal Sahu Vs. Union of India

Which of the following Judges of the Supreme Court is famously known as the "Green Judge"?

A.

Justice V.R.Krishna Iyer

B.

Justice P.N Bhagawati

С.

Justice Kuldip Singh

D.

Justice B.N Kirpal

The main objective of the Air (Prevention and Control of Pollution) Act is: А. To provide for the prevention, control and abetment of air pollution В. €

To provide for ensuring standards for emission from automobiles To put restrictions on the establishment of certain industrial plants

D.

To establish air laboratory for air quality standards

O

24.

E

ENVIRONMENTAL LAW Laa e Aa

E

_

Read both statements (A) and (R ) and give the correct answer by using the codes below:

Assertion (A): A company was unlawfully polluting streams and rivers by discharging trade effluents which raised pollution level beyond permissible limits. Reason (R): The court decided that the company could not be held liable under Water act, 1974.

Codes:

25.

A.

Both (A) and (К) are true and (К) is the correct explanation of A.

B.

Both (A) and (К) are true but (К) is NOT the correct explanation of A.

C.

(А) 15 true but (К) is incorrect.

D.

(A)isfalse but R is correct.

Arrange the following cases in the chronological order on the basis of the year in which they have been decided by the Supreme Court on Public Trust doctrine under Environmental law. Use the code given below: (a (b (c) (d)

M.C.Mehata Vs. Kamal Nath M.I. Builders Pvt. Ltd., Vs.Radhey Shyam Sahu Hinct Lal Tiwari vs.Kamala Devi Intellectual Forum, Tirupathi Vs. Andhra Pradesh

Codes:

26.

(a)

b)

(o

(d)

A.

(iii)

()

(iv)

(i)

Eoo

ape

ena

(in)

ay)

Co

Gy)

«D

q)

(f)

Ino!

amont

Gio

tay)

Under whose specification the recycling of plastic is undertaken as per the Plastic Manufacture, Sales and Usage Rules, 1999? A. Indian Standard Institution Bureau of Indian Standards B. Indian standard organization C.

D.

Indian Plastic Bureau

ENVIRONMENTAL LAW

2f

The National Environment Tribunal Act provides for compensation on the basis of non fault liability in the cases of: (a) Death of any person (b) Injury to any person (c) Death and injury to any person (d) Damage to any property Codes: A. C.

Only (a) and (b) аге correct Only (d) is correct

В. D.

(Б) апа (с) аге correct. (a)(b) and(d) are correct.

28.

Under which provisions of the Air Act companies and government can be prosecuted? A. Sec. 40 B. Sec. 41 С. BothAand B D. Neither A nor B

29.

The court Act is: A. B. C. D.

which is empowered to try the offences punishable under Water an Air Metropolitan Magistrate of First Class Judicial Magistrate of the First Class Judicial Magistrate of Second Class Both A and B

"Green Benches are those constituted by the Chief Justice of the respective High Courts either on their won or on directions of the Chie f Justice of the Supreme Court to constitute exclusively a bench (quorum consisting of more than one Judge) to deal with matters relating to environment and matte rs connected therewith’:This statement is A. C.

Correct Ambiguous

B.

D.

Incorrect

| None of the above

The first global attempt to regularize Human environment i.e, United Nations Conference on the Human Environment held at Stockholm from : A. Јапе 5% о 16% June,1972 B. March 5% to 16" March,1972 C. June 5"to 16® July ,1972 D. June 5" to 7^ June,1972

ENVIRONMENTAL LAW

34.

World Environmental Day is celebrated on: A... 3*5 June B.

C.

8" March

D.

7 June 23“ December

33:

The most dangerous environmental problem than the danger of the use of nuclea r weapons that the present world is facing is: A. Depletion of Ozone layer —Global Warming B. Deforestation C. Draining of underground water D. None of the above

34.

On which date and place the Earth Summit-United Nations Conference on Environment and development was held? A. 6" June, 1992 at Geneva B.

20th June, 1992 at London

C. D.

3“ June, 1992 at Rio De Jenerio 27" June, 1992 at Geneva

39:

Agenda-21

36.

World Earth day is celebrated on: A. 5 June

which was a product of Earth Summit and also implemented action plan of the United Nation is with regard to: A. Biodiversity protection B. Sustainable Development C. Deforestation D. None of the above

C.

B. D.

8" March

voluntarily

v22 April 23" December

2 fh

Which provision ofthe Indian Constitution laid down responsibility does the state/ government have towards environmental protection? A. Art. 47 B. — Art 48 C. Art. 48-A D. Art. 50

38.

Which provision of the Indian Constitution laid down responsibility does the citizens have towards environmental protection? А. Art. 50 B. — Art. 51 Qt STA р. Art- 50 107

ENVIRONMENTAL LAW

39.

In which case, National Green Tribunal has imposed compensation of 5 Crores on Art of Living Foundation for “Environmental damage” due to construction on floodplains of Yamuna for “World Cultural Festival"?

А. В. С. D.

40.

Mano Misra vs. Delhi Development Authority Mukesh Yadav vs. State of U.P Both A and B

Neither A nor B

In which case, National Green Tribunal has imposed “Environmental Compensation” of 50 Crores upon thirteen firms for illegal sand mining on the banks of River Yamuna and also imposed complete prohibition on carrying on of any mining of minor minerals in the flood plain of river Yanmuna in the District Yamnanagar? A.

Gurpeet Singh Bagga vs. Ministry of Environment and Forests

B.

The Posco case

E:

The Goa Foundation Case

D

None of the above.

ENVIRONMENTAL LAW

ANSWERS- ENVIRONMENTAL LAW: "|

"n

"T

A D-

Rural Litigation & Entitlement Kendra vs. State of U.P,

AIR 1987 SC 2187 ;

D-

M Mehta Vs. Kamal Nath М.С.

D-

Murali | S.S. Deora vs. UOI and Ors.,

С

| м] | fe =Wil [о

I

[EY

.

ша | — а I] Nn OI] CO;

2000 (2) SCALE

654

AIR 2002 SC 40.

А

А А-

М.С. Mehata уз. UOI Kamalnath (1997)1 SCC 388

D-

M.C.Mehata vs. UOI, 1998 SC 11 15

A-

Tarun Bharat Sangh vs. UOI

1993 AIR (3) 21

€ A-

T.N. vs. UOI & Ors., AIR 1997 SC T.N. Godarvarman Tirumulkpad |

В-

Samatha vs. ) State of Andhra Pradesh, 1997 8 SCC 191.

А-

1 j Corp. . vs. VS. UOI, AIR 1990 SC 273 Carbide Union

м— м О „әUv

o ‘a Ги" e

рм |ә Сл! М ON

ENVIRONMENTAL LAW

217 |SPOS D. AT ane H29..].n ...—

redu

we

C 3T 38. 39.

A-

Mano Misra vs. Delhi Development Authority, 2016 SCC Online NGT 114, decided on 09/03/2016

A-

Gurpeet Singh Bagga vs. Ministry of Environment and Forests, 2016 SCC Online NGT 92, decided on 18-02-2016

HUMAN RIGHTS 1.

2.

Тһе Solidarity rights, more commonly known as “Third Generation of Human Rights" is based on : A. Independent needs of the people B. Concept of universalism C. Right to self- determination D. Common heritage of mankind | International Bill of Rights is said to be consist of: A. Universal Declaration of Human Rights, 1948 B. International Covenant on Civil and Political Rights, 1966. C. International Covenant on Economic, Social and Cultural Rights, 1966

D. All the above

3.

Article 1-"To achieve international co-operation in promoting and encouraging respect for human rights and fundamental freedoms for the people without distinction as to race, sex, language or religion". Which one of the following documents contains the above? A. Universal Declaration of Human Rights B. United Nations Charter C. European Covenant on Human Rights and Fundamental Freedoms D. International Covenant on Civil and Political Rights

4.

The Universal Declaration of Human Rights, 1948 came into force on: 10" Dec,1948 B. A. 9% Dec, 1948 None of the above D. С. 10" Nov, 1948

5.

The Universal Declaration of Human Rights, 1948 contains provision relating to: A. Operationalization of Human Rights

$$ qc

_—

HUMAN RIGHTS

B. Establishment of Human Rights Institutions C. Establishment of Human Rights Committee D. Conceptualization of Human Rights

6.

Article 1, of the Universal Declaration of Human Rights, 1948 declares that all the human beings are: A. By nature equally free and independent B. Born free and rational C. Born free and equal in work and rights D. Born free and equal in dignity and rights

7.

Consider the following statements: The Universal Declaration of Human Rights, 1948 contains (a) Civil and Political Rights (b) Economic, Social and Cultural Rights (c) Rights of the Groups Which of these statements is/are correct? A. (a) (b) and (c) B. (b) and (c) C. (a) and (c) D. (b) only

8.

9.

Under the International Covenant on Civil and Political Rights, 1966 (ICCPR), periodic reports on the measures adopted by States giving effect to the rights under the Covenant, the progress made, have to be submitted to the: A. Human Rights Committee B. Human Rights Commission C. ECOSOC D. | UN General Assembly Read both statements (A) and (R )and give the correct answer by using the codes below:

Assertion (A): The member states of United Nations Organizati on have committed

to promote and respect for observance of Human Rights. Reason (R): The Human Rights are inalienable, Natur al, interdependent and indivisible. They are means to achieve human dignity Codes: A. Both (A) and (R) are true and (R) is the correct expla nation of A. B. Both (A) and (R) are true but (R) is NOT the correct expla nation of A. C. (А) іѕ гие but (R Jis false

et

M —À

HUMAN RIGHTS

D.

(A)is false but R is true.

The correct chronological order of the following human rights documents be choosen using the codes given below: (a)

(c)

International Covenant on Civil and Political Rights Conventionon the Elimination of all Forms of Discrimination Against women Universal Declaration of Human Rights

(d)

Convention on the Rights of the Child

(b)

Codes:

A. C. LE.

B. D.

(с), (а) (Ы), (d) (а), (b) (с) (d)

International Covenant on Civil and Political Rights came into force on: A.

January 3, 1976

C.

T

(а), (b), (d) (c) (d), (b), (с), (a)

June.3001977

B.

January 13, 1976

D.

June 13,1977

"Universal respect for and observance of Human Rights and Fundamental Freedoms for all without the distinction as to right race, sex, language or religion. Which one of the following documents contains the above? A.

Universal Declaration of Human Rights

BUN

Charter

C.

European Covenant on Human Rights and Fundamental Freedoms

D.

International Covenant on Civil and Political Rights

Read both statements (A) and (R ) and give the correct answer by using the

codes below: Assertion (A): International Law does not recognize a unilateral right of humanitarian intervention by a state against another state which has committed violations of human rights.

Reason (R): The Principles of sovereign equality, non intervention and prohibition of force do not permit unilateral coercive action by a state except in self-defence

Codes: A.

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

$
Ow(п) D14.

(uv)

(d

Marriage under the Hindu Marriage Act, 1955 15: A. Purely contractual B. Purely sacramental С.

Semblance of contract and sacrament

D.

Neither contractual not sacramental

15.

Any Hindu Marriage which is not properly solemnized, it shall be: A. Valid B. Voidable C. | Void ab-initio D. None ofthe above

16.

In which of the case, the Supreme Court directed the State Governments and Central Government that marriages of all persons who are citizens of India belonging to

а

————

FAMILY LAWS

various religious denominations should be made compulsorily registerable in their respective States where such are marriages are solemnized? A. Марайпра Vs. Sivagani B. Shati Dev Berma Vs. K.P Devi C. Seema Vs. Ashwini Kumar D. None of the above. 17.

Match List-I-(Provision) with List II (Section) under the Hindu Marriage Act,

1955 and select the correct answer using the code given below: List-I-Provision a) Registration of Marriage b) Presumption of Marriage

c) Presumption of legitimacy of child d) Marriage religious ceremonies Codes:

A. B. C.. D.

(a)

(b)

(c)

(d)

OD (i) ШУ (iv)

ED. (ш) D (ш)

Хи) (v) (v) ()

а) (i) O (0

(i) (ii) (iii) (iv)

List-II-(Section) Sec. 112 of Evidence Act Sec. 7 of HM Act

Sec.114 Evidence Act Sec. 8 of HM Act.

18.

After the petition is presented under Section 13-B of Hindu Marriage Act, 1955, the parties have to wait for minimum period of: Ai, One Year B. Eighteen months C. Two years D. Six months

19.

Choose the correct answer with the help of the codes: Which of the following are the illustrations of the "Cruelty" as per decisions of the various High Courts and Supreme Court? (i) Persistent refusal to have marital intercourse (ii) Refusal to have children (ш) Verbal abuses and insults using filthy and abusive language (iv) Injury to private parts of the body Codes: A. (1)and (iii) are correct B. (1) (ii) and (iii) are correct C. (1)and (ii) are correct D. (0) (ii) (iii) (iv) are correct.

FAMILY LAWS

20.

Which is the case, where a Division bench of the Supreme Court comprising Justice Ashok Bhan and Justice Markandey Katju issued directions to the administration and police authorities throughout the country to ensure that any boy or girl who is a major enters into a inter-caste or inter-religious marriage with a woman or man who is major, the couple are not harassed or subjected to threats and violence and they also observed the police should institute criminal proceedings against a persons who threaten, harass or commit or instigate acts of violence on people who decide on inter-caste or inter-religious marriages? A. Lata Singh vs. State of Uttar Pradesh

B. C. D.

2E:

. Dastane vs. Dastane Shoba vs. Mashukar Bhagat vs. Bhagat

The statement *while there is no rose which has no thorn, but if what you hold is all thorn and no rose, better throw is away, relates to:

A. B. C. D.

Restitution of conjugal Rights Judicial Separation | Divorce by mutual consent Irretrievable breakdown of marriage theory of divorce

22.

Which of the following is not a ground of Judicial Separation under the Hindu Marriage Act, 1955? 1. Renunciation of the world 2. Seven years of absence Conversion to Non-Hindu religion 3: Desertion for one year 4.

23.

Originally under the Hindu Marriage act , 1955 divorce was based on: Breakdown theory B. Fault theory A. Fault and consent theories D. Consent theory C.

24.

Match List-I with List II under the Hindu Marriage Act, 1955 and select the correct answer using the code given below: List-II List-I (i) Divorce (a) Pre-Marriage pregnanacy (ii) Voidable Marriage (b) Marriage within prohibited degree of relationship

у

——

88

FAMILY LAWS

(с) (d)

25.

Cruelty (iii) When any spuse without any reasonable (iv) execuse withdraws from the Society of the Other Codes:

(a

(b)

(c

(d)

(ii)

(iv)

()

(iii)

O

Qu)

(Qv)

Gi)

(ii) (ш) Jawe (ü) (ш)

(iv) ()

(ìi) (iv)

Restitution of Conjugal Rights

Grounds of Divorce meant exclusively for wife under section 13(2) of the Hindu Marriage Act, 1955 are: (a) Pre Act bigamy by Husband (b) Husband is guilty of rape, sodomy and bestiality (c) Non- Payment of maintenance and no cohabitation for one year or upwards (d) Repudiation of marriage by wife. Codes: A. (a), (c) and (d) В. C. (b), (c) and (a) D.

26.

Void Marirage

(а), (b), (c) and (d) (a) (b) and (d)

In which case, Supreme Court observed that, Conversi on to Islam and thereby marrying again does not itself absolve Hindu marriage and the second marriage by

a convert without having first marriage dissolved unde r the Hindu Marriage Act would therefore be in violation ofthe Act and as such void as per wider interpretation of Sec. 495 IPC? A. — Sarala Mudgal,President, Kalyani Vs. Uni on of India B. Jyotish vs Meera C. Both A and B D. Neither A nor B Z

Choose the correct answer with the help of codes: The grounds where marriage is considered as voidable in Hindu Marriage Act are: (a) Failure to consummate marriage on accoun t of impotency (b) Unsoundness of mind

FAMILY LAWS a en

(c)

_

Respondent pregnant at the time of the Marriage of which petitioner was not reason.

(d)

Consent being obtained by fraud and force and petition is presented within 2 year of marriage

Codes: A. C.

28.

29.

(a), (c) and (d) (6), (d) and (a)

B. D.

The Hindu Marriage Act, 1955 provides for A. Breakdown B. C. Consent D.

theory/theories of divorce. Fault All the above

Choose the correct answer: The grounds where divorced/ abandoned/separated can be defeated is/are: A. һер she is living in adultery; B.

(а), (b) and (c) (а), (Ы) (c) and (d)

wife claim for maintenance

C.

Wife, without sufficient grounds refuses to live with her husband; BothAand B

D.

Neither

A nor B

30.

Children born out of union which is either void or voidable under Sections 11 & 12 of Hindu Marriage Act, 1955 shall be: A. Deemed to be legitimate B. Legitimate C. Illegitimate D. None ofthe above

3b.

In which of the following case, the Supreme Court held that Sec. 9 of the Hindu Marriage Act was constitutionally violative ofright to human dignity and privacy? A. Bipin Chandra Vs. Prabhavathi В. T.Sareetha Vs. T. Venkatasubbhaih C. D.

32;

Lachman Vs. Meena None of the above

Under the provisions of the Hindu

Adoptions and Maintenance Act, 1956 an

adopted child : (a) Can be given in adoption generally (b) Cannot be given in adoption Can be given in adoption with the consent of natural parents (c)

FAMILY LAWS

(d) Can Codes: A. B. C. D.

be given in adoption only with the prior permission of the court. (6) and (d) are correct but (a) and (c) are incorrect (d) is correct and (а), (b) and (c) are incorrect (Б) 1ѕ correct and (a), (c) and (d) are incorrect (a) and (b) are correct and (c) and (d) are incorrect.

33.

Choose the correct answer with the help of codes: The propositions which will be taken into consideration by the Court, while awarding maintenance are: (a) The position of the parties (b) the reasonable wants of the claimant ifthe claimant is living separately whether claimant is justified in (c) doing so; (d) the value of the claimants property any income derived from such property or from claimants own earnings or from any other source. Codes: A. (a), (c) and (d) B. (а), (b) and (с) C. (b), (d) and (a) D. (а), (b) (с) and (d)

34.

Match List-I-(Provision) with List II-(Section) under the Hindu Adoptions and

Maintenance Act, 1956 and select the correct answer using the code given below: List-I-(Provision)

(a) Maintenance (b) Maintenance (c) Maintenance (d) Maintenance Codes:

(a Аи Шу Bom) C. (iv) D. (m) 35.

List-II-Section

of Wife of widowed daughter-in-law of parents and children of dependants

(b)

(c

(d)

у pot). (ii) ()

(v) di). (0) (у)

(uu) (v) (iii) (un

(i) (НУ (iii) (iv)

Sec. "Seu. Sec. Sec.

19 72 18 20

Match List-I with List II under the Hindu Adoptions and Maintenance Act, 1956 and select the correct answer using the code given below:

FAMILYLAWS _ List-I (Provision)

(a)

Persons capable of giving in adoption

(b) Requisites of valid adoption (c) Effects of Adoption (d) Other conditions of valid adoption Codes:

(a)

(b)

©

List-II-(Section)

(i)

Sec.6

(ii) Sec. 9 (ш) Sec. 11 (iv) Sec 13

(4)

n) G)" (v) (a) (i) Gv) Gai) (ii) (iv) (i) (0 (iii) aD SG Gv) qi) Choose the correct answer with the help of codes: Under Sec. 125 of Cr.P.C maintenance is available to all: (a) Wives-discarded or divorced (b) Abandoned children Helpless parents (c) (d) Educated and Highly earning wives Codes: (а), (c) and (d) A. (а), (b) and (с) B. (6), (d) and (a) C. D. (а), (b) (c) and (d)

cos»

36.

Эг.

In which case, the Supreme Court held that ‘Live-in-Relationships in the nature of Marriage" will also come under the Domestic Violence Act, 2005 and also held that live in relationship in the nature of marriage to get the benefit of the D.V. Act, 2005 they must satisfy the conditions laid down by Supreme Court (in this case) and has to be proved by evidence? Lata Singh vs. State of Uttar Pradesh A. D. Velusamy vs. D. Patchaimmal B. Rita vs. Balakrishanan C. D. . Dastane vs. Dastane

38.

Match List-I (Provision) with List-II (Section)

of the Dissolution of Muslim

Marriage Act, 1939: (a)

List-I-(Provision) Notice to heirs of the husband when his whereabouts are not known

List-II-(Section) (1) Sec. 4

FAMILY LAWS

(b) (c) (d)

Effect of conversion to another faith Rights to dower not to be effected Impotency of the husband as a ground of divorce

(11) Se.3 (iii) Sec. 2(v) (iv) Sec.5

Codes:

(a

(b)

(o

(d)

(ш) (п) (iv) (ш)

() () (п) (i)

(iv) (iv) (G) (iv)

(ii) (ш) (ши) (i)

cos» 89.

In which case, the Division bench of the Supreme Court comprising Justice Ashok Bhan and Justice Markandey katju observed that there was no bar to inter-caste marriage under the Hindu Marriage Act? A. Gurusharan Singh vs. Wayam Kaur B. Lata Singh vs. State of Uttar Pradesh C. М. Sreedharacharya vs. Vasantha D. BothAand B

40.

In which case, Supreme Court clarified that law which gave equal right to daughter in ancestral property under Hindu Succession Act, prospectively enforceable? A. Prakash and Ors. Vs. Pulavathi and Ors. B. Puttinegowda vs. Union of India C. Sri Bhadrnaryana Shankar Bhandari vs Onprakash Shankar Bhandari D. Swamy & Anr. vs. Smt. Thimmanmma & Ors.

41.

"An unwed mother/single in India can apply to beco me the sole guardian of a child, without giving notice to the father of the child and without disclosing his identity". Supreme Court held this in: A. Prakash & Ors.Vs. Pulavathi & Ors. B. ABC Vs. State (National Capital Territory of Delh i) C. Sheya Vidyarthi Vs. Ashok Vidyarthi D. | None of the above

42.

In which case, Apex court bench comprising of Justices Ranjan Gogoi, and N.V. Ramana held that, though a women could not be treated as Karta of joint family, she can be a manager of a joint family in som e particular circumstances? A. Shreya Vidyrthi Vs Ashok Vidyarthi B. Prem Nathi bali Vs Rigistrar of High Cou rt of Delhi

AM

C D.

43.

44.

45.

AW FAMILY LAWS

Praskash Vs. Pulavathi None ofthe above.

Having Venereal deceases is a ground for among Hindus. A. Divorce B. Judicial Separation C. Both A and B D. Neither A nor B In which case, Supreme Court held that, in a battle between estranged parents, for the custody of minor child, who has not completed five years of age, child shall be allowed to remain with the mother? A. Roxann Sharma vs. Arun Sharma B. | Prmea vs. Nanje Gowda C. Yogendra & Ors. vs. Leelamma & Ors. D. | Hanummaka vs. Sharadamma Directions: The following statements consist of two statements, one labeled as the ‘Assertion (A)' and the other as ‘Reason (R)’. You are to examine these two statements carefully and select the answers to these items using the code given below: Assertion (A): The Muslim Personal (shariat) Application Act, 1937 makes

Muslim law applicable expressly to all Muslims. Reason (R): The Muslim Personal Law (Shariat) Application Act, 1937 has abrogated the customs and restored to Muslims their own personal law in almost all cases. Codes: A. B. C. D.

46.

47.

48.

Both (A) and (R) are true and (R) is the correct explanation of A. Both (A) and (R) are true but (R) is NOT the correct explanation of A. (A)istrue but (R)is false (A)is false but R is true.

According to Muslim Law, marriage is not solemnized only for the sexual enjoyment between two spouses. It is an ibadat.- This statement is A

Taue

B.

False

C.

Partly True and Partly false

D.

None ofthe above

Among Muslims, Marriage is a: A.

Contract

B.

Sacrament

C.

Contract and sacrament

D.

None ofthe above

| Choose the correct answer with the help of codes: s. Assertion (A): Nikah is a regular and permanent form of marriage among muslim

————L $1 ——

FAMILY LAWS

Reason (R): Muta is contractual form of marriage and is most uncommon India Codes: A. (A) and (К) above are correct. B. (A)sicorrect, (К) is false C. (R)iscorrect, but (A) is wrong. D. Neither (A) is correct nor ( R ) is correct

in

49.

A Muslim male is prohibited from marrying the following relations: (a Mother, Grandmother (how high so ever) (b) Daughter, Grand Daughter (how low so ever) (c) Aunt, Great -aunt(how high so ever, whether paternal or maternal) (d) Niece, Grand-niece (how low so ever) Codes: A. (a), (c) and (d) B. (а), (b), (c) and (d) C. (b) (c) and (a) D. (a) (b) and (d)

50.

The Dissolution of Muslim marriage Act, 1939 Sec. 2 makes available the following grounds of divorce to a Muslim woman married under Muslim Law: (a) Seven Years imprisonment of the husband (b) No Maintenance by husband for 2 years (c) Whereabouts of the husband are not known for a period of 4 years (d) Failure of a husband to perform marital obligation for a period of 3 years. Codes: A. (c), (b) and (d) B. (a) (b), (c) and C. (b) (с). (a) and (d) D. (а), (b) and (d)

ЭЕ:

Divorce by Zihar is species of A. Actual divorce B. Inchoate divorce C. Khula divorce D. Constructive divorce

TM 132 ——————

——

FAMILY LAWS

52.

Observance of “ Iddat” is necessary: A. B.

C. D.

Меге cohabitation is lawful i.e. consummation of marriage Where Cohabitation is unlawful i.e. illicit intercourse and the follows the illicit intercourse. pregnancy In both (a) and (b) Only in (a) and not in (b)

53.

The absence of witnesses makes a Muslim marriage: A. Irregular under sunni Law, but void under shia law B. Irregualr under sunni law and shia law C. Маа under sunni law but irregular under shia law D. Valid under Shia law, but irregular under Sunni law

54.

Talaq ‘ahasan’ is : A. Revocable during the tuhr in which it has been pronounced B. Revocable until the next successive tuhr C. Revocable during the period of iddat D. Irrevocable “Миа marriage" is (D A temporary marriage (П) Recognized under Sunni law (Ш) Recognized under Shia law (IV) For a fixed period Codes:

55.

As C.

B. D.

coL; Hand IV I,II and and IV

LlILIIIandIV Ш, Шарау

56.

А gift by the husband to the wife in lieu of her dower is recognized as Hiba-ba-shartul-iwaz B. Hiba-bil-iwz A. Will D. CESTA

57.

Marriage in Fosterage relationship is: Valid A. сара

58.

B. D.

Irregular None of the above

In which of the following cases the court held that “Dower is the sale price of woman?" Humara Bibi case B. Maina Bibi case A. Abdul kadir case D. Subrunnisan case C.

—— 88— ——

FAMILY LAWS

59.

Tuhr means: A. Period of Iddat B. Period of Menstruation C. | Period between menstruation D. None of the above

60.

“ Iddat’ is a period during which a Muslim woman is prohibited from marrying on dissolution of marriage: A. By death B. By divorcee C. Only (A) and not (B) D. Both (A) and (B)

61.

A Muslim husband can delegate his right of talaq to: A. Апу other person B. Wifeonly Both (A) and (B) C. D. | None of the above

62.

By which ofthe following way a Muslim marriage can be dissolved by a Musli m Husband? A. Talaq B. Ша ©...

63.

Zihar

D.

Above all

‘Khula’ is a form of divorce: A. Sale B. | Purchase C. Agreement D.

Coercion

64.

A Muslim minor wife can cease her right to repudiate the marriage in case: A. —When she attained the age of puberty. B. When the marriage was consummated before attaining the age of puberty. C. | When she is less than 18 years of age. D. | None of the above.

65.

Match List-I with List-II under the Hindu Adop tions and Maintenance Act, 1956 and select the correct answer using the code given below: List-I List-II (a) Шта (i) Cancellation of marriage (b) Faskh (ii) Specified Dower

—

ums (c)

Mahr-ul-misl

(iii) Collective opinion of commentators

(d) Mahr-i-Musamma Codes:

(a

(b)

(iv) Customary dower

(©

(d)

(ш) (0)

(у)

(Qi)

(i) (iv)

() (п)

(у) ©

(ш) (Qi)

Jawe (ш) (i)

(iv)

Gi)

66.

A Muslim has given Triple Talaq to his wife and now he wants to marry her again. He can do so: Without restriction A. B. Only on request of such wife Cannot marry her C. D. Only if that woman marry another man, the marriage is consummated and he (Second Husband) divorced her

67.

A Muslim husband has failed to have ‘sexual intercourse” continuously for four months with wife. It could be a form of divorce and is: A. Ша B. Mubarrah C. Zihar D. Khula Select the answers to these items using the code given below:

68.

Assertion (A): The Muslim Women (Protection of Divorce Rights)

Act, 1986

brought changes like limiting the period of maintenance to Muslim divorcee till “ада? period and in case of no relatives the liability of Wakf Boards. Reason (R): The changes were brought under the Muslims pressure. Codes: A. Both (A) and (R ) are true and (R) is the correct explanation of A. B. Both(A)and( R)are true but (R )is NOT the correct explanation of A. C. (A) istrue but (К Jis false D. (A)is false but R is true.

69.

In which landmark case, the Supreme Court awarded maintenance under Sec. 125 of Criminal Procedure code to Muslim Women from Indore, Madhya Pradesh? A. Моһт. Ahmed Khan Vs. Shah banu Begum Sardar Khan and Ors Vs. Sayad Nazmul Hasan and Ors. B. BothAand B C. D. Neither of the above

————

———_—_—_—_—_——

FAMILY LAWS

70.

In which case, Constitutional Bench of the Supreme Court held that liability of Muslim Husband to his divorced wife arising under Sec.3(1) (a) of the Muslim to pay maintenance is not confined to iddat period? A. Daniel Litifi vs. Union of India B. C. D.

Shamim Ara vs. State of U.P., Mohm, Ahmed Khan vs. Shah Banu Begum BothAand B

ЖЕ,

In Islamic Law “Faskh” means: A. Restitution of conjugal rights B. Judicial separation C. Dissolution or recession of the marriage by judicial decree at the instance of the husband. D. Dissolution on recession of the contract of marriage by judicial decree at the instance of the wife.

12.

Muta Marriage is recognized by: A. Hanafi school B. Макі school C. Ithna Ashari school D. Hanbali school

73.

Muslim woman can contract Muta marriage with Muslims only A. B. |Non-Muslims also C. Both Muslims and non Muslims D. | Neither of the above

74.

Legal Essentials of the Waqf are: A. [rrevocability and Perpetuity B. Inalienability and absoluteness C. BothAand B D. Neither A nor B

TS

Choose the correct answer with the help of codes: The Essential requisites of will are: (a) Тһе property must be capable of being transferred; (b) The property must be in existence at the time of testator's death. (c) The property should be in existence at the time of the making ofthe will;

FAMILY LAWS

(d) Codes:

The testator must be the owner of the property to be disposed by will; A. B. C. D.

76.

(а), (а), (а), (а),

(c) and (d) (Б) and (c) (b) and (d) (b) (c) and (d)

In which case, Supreme Court directed that if a single parent/unwed mother applies for the issuance of a Birth certificate for a child born from her womb, the Authorities

concerned may only require her to furnish an affidavit to this effect, and must thereupon issue the Birth Certificate, unless there is a Court direction to the contrary? Prakash & Ors.Vs. Pulavathi & Ors. ABC Vs. State (National Capital Territory of Delhi) Shreya Vidyarthi Vs. Ashok Vidyarthi None of the above ояр жж ж

137

FAMILY LAWS

ANSWERS -FAMILY LAWS :

rte wl MB] A] PINAL | о

A-

Lata Singh vs. State of Uttar Pradesh, 2006 (^) SCALE 583.

o

Q-

Seema vs. Ashiwini Kumar , AIR 2006 S.C 1158

NI

>-

>

==“

==pm

Sarala Mudgal, President , Kalyani vs. Union of India — W.P. No. 347/90

138

FAMILY LAWS

Pl ш» wf wl wl] w VIS e| pe mu e

B-

T. Sareetha vs. T. Venkata Subbhaiah,AIR 1983 AP 356

00 -

D. Velusamy vs. D. Patchaimmal, (2010) 10 SCC 469.

A-

Prakash and Ors. vs. Pulavathi and Ors. Civil Appeal No. 7217/ 2013 ABC vs. State (National Capital Territory of Delhi), Arising of SLP (Civil) No. 28367 of 2011 Shreya Vidyarthi vs. Ashok Vidyarthi, Civil Appeal Nos. 31623163 of 2010

A-

A-

[чол ь|.ь|.-ь|.ь очы] SES лpке быр roe се aca Sa) PEP NA ud

| л! Nn} ntl л CA

Roxann Sharma vs. Arun Sharma, Civil Appeal No. 1967 of 2015

FAMILY LAWS

C С D A B A D A A AAE € A C С В-

Shah Bano case — 1985, SCR (3) 844 Daniel latifi vs. Union of India, 2001(7) SCC 740

ABC vs. state(National Capital Territory of Delhi), Arising of SLP (Civil) No. 28367 of 2011

жж ж

LAW OF TORTS 1.

2.

The main aim of law of torts are: (a) Punishment (b) Deterrence to wrong doers (c) Restoration of original position (d) Damages to victims Codes: B. (a) and (с) A. D. (b)and(d) C.

Match List-I with List II and select the correct answer using the code given below: List-II List-I Gloucestor Grammer School case (a) Injuria Sine demno Bird Vs.Holbrook (b) Damnum sine Injuria Ashby Vs. White (c) Res ipsa loquitor Byrne Vs. Boadle Volenti non fit Injuria (d) Sr quic c Davies Vs.Mann

(a)

(b)

20.4 Ax. 1 B3 1 2 e -3 p 3.

(c)and(b) (c)and (d)

Inorder to A. B. C. D.

(o

(d

2 4 4 5

9 2 B 3

bring an action for tort, the plaintiff has to prove that: There has been a legal damage caused to him Violation of a legal right not vested in him There has been no legal damage caused to him in harm to him Violation of no legal right and has not resulted

LAW OF TORTS

4.

5;

6.

7.

| Who gave the “Pigeon-hole” theory in defining the tort? A. Austin B. Heuston C. Salmond D. Winfield | “Tortious liability arises from the breach of a duty primarily fixed by the law; this duty is towards persons generally and its breach is repressible by an action for un liquidated damages"-This statement is made by A. Salmond B. Winfield C. Dias D. Julious Stone The maxim ‘injuria sine damno’ has been explained in the following case: A. Donough Vs. Stevenson B. Rylands Vs. Fletcher C. Ashby Vs. White D. Braford Vs. Pickles Match List-I (Name of the maxim) with List II (meaning of the maxim) and

select the correct answer using the code given below:

List-I-Name of the maxim

(a

List-II-Meaning of the maxim

Scienti Non fit Injuria

l.

(b)

Ош facit per alium facit per se

2.

(c)

Ubi Jus ibi remedium

3.

(d)

Ubi remedium ibi jus

4.

Codes:

8.

(a)

(b)

(c

(8)

А.

2

4

5

3

B.

3

1

4

2

Ca

c

1

4

3

DE.

33

2

4

1

Where there is a remedy there is a right He who does an act through another is deemed in law to do it himself No injury is done to one who knowingly does an act where there is a wrong there is a remedy

Consider the following statements: For vicarious liability, there must be l. Relationship of master and servant 2. No control of master on the manner of doing the work 3. Tort committed in the course of employmen t 4. Master’s control on the manner of doing the work.

TORTS Ru enne LAW ini OF e MAREM 2

Which of the statements given above are correct?

9.

10.

B.

2,3апа4

болдар 4

D.

1,2and4

In which of the following case, did the Supreme Court rule that ће principle of sovereign immunity will not apply to a proceeding for award of compensation for violation of Fundamental Rights? A.

State of Rajasthan Vs. Vidyavathi

B.

Kasturi Lal Vs. State of Uttarpradesh

C.

Мо! S. Deora Vs. Union of India

D.

Nilabati Behera V.s State of Orissa

An army truck driven by a army driver while going to leave army jawans on the station for enabling them to catch their train for proceeding to their home town, hit a pedestrian and killed him due to rash and negligent driving. Which one of the following is correct? A.

Inthis case vicarious liability is to be imposed on the Government of India

B.

Inthiscase immunity from liability would be claimed under the defence of sobereign functions of the State

C.

Inthiscase, no liability will be imposed under the defence of inevitable accident. Inthiscase both Government of India and the driver personally would be liable.

D. 11.

А1152. and3

Match List-I (Case Laws) with List II (Principles) and select the correct answer

using the code given below: List-I (Case Laws)

(a)

(b)

(c)

(d)

Re Polemis and Furners, Whihy and Co.l1td., Saheli Vs. Commissioner of Police, Delhi Muncipal Corporation of Delhi Vs.Subhagwanthi South Wales Miners Federation Vs.Glamorgan Coal Compan

List-II (Principles)

(i) Vicarious liability of the state

(ii) Remoteness of damages

(iii) Duty of care to plaintiff

(iv) Malice in fact

LAW OF TORTS

Codes:

(a)

(b)

(co

(d)

A. (i) в. (i) CrP“ DY”)

© (ш) ay Gry

(ш) (v) a) a

(у) (ш) 7 (iv)

12.

Whena Master A has lent only the labour of his servant to another Master, who of the following is/are liable for the wrongful act of the servant? A. Master A B. Master B C. The servant D. Master A and Master B jointly

13.

The essential ingredient of tort of negligence are : (a) One owes a duty of care towards the other (b) One commits a breach of that duty (c) The other person suffers damage as a consequence thereof.

Choose your correct answer with the help of codes given below: Codes: A. Only the first is an essential ingredient B. None ofthem is an essential ingredient C. All of them are essential ingredients D. Even if the first is absent the tort of negligence is committed.

14.

Due to the collapse of the clock-tower situated opposite to the hall in main bazaar of a city a number of persons died. The clock-tower belonged to the Municipal Corporation of the city and was exclusively under its control. It was 60 years old but the normal life of the structure of the building which had fallen could be 40 to 45 years having regard to the kind of material used. Mrs. X whose husband died due to the collapse of the clock-tower filed the suit for damages against the Municipal Corporation. Which one of the following maxims is applicable in the aforesaid case? A. Injuria Sine demno B. Damnum sine Injuria C. Res ipsa loquitor D. — Volenti non fit Injuria

LAW OF TORTS

15.

Which one of the following conditions is important to apply the maxim res ipsa

locquitor in accident cases? A. Accident must be such as could in the ordinary course of things have happened without negligence B. Accident must be such as could not in the ordinary course of things have happened without negligence C. Accident must have such as could not in the ordinary course of things have happened without negligence D. Accident must be such as could in the ordinary course of things have happened with negligence The verdict of the *Donague Vs. Stevenson’ was declared by the following judge: A. Justice Black Stone B. J. Douglas C. Lord Denning D. Lord Atkin

rr.

Which one of the following is a correct statement? Nuisance recognizes: A. Тһе concept of no-fault liability B. Liability based only on fault Liability based only on immutability C.

D. 18.

None of the above

Which of the following is an effective defence in the tort of nuisance? (i) Public good (ii) Prescription (iii) Statutory authority (iv) Reasonable care Codes: A. (i) and (i1) are correct (1) and (iv) are correct B. (п) and (iii) are correct C. (1) and (iv) are correct D. ay at a The branch of a tree growing on the defendant’s land hung on the highw suddenly height of about 30 feet above the ground. In fine weather, the branch highway, broke and fell upon the plaintiff’s vehicle which was passing along the plaintiff filed defendant on the ground of nuisance.

LAW OF TORTS

Which one of the following conclusions is correct in this suit? A. B.

Тһе defendant was liable for nuisance. Тһе defendant was not liable for nuisance

C. D.

The defendant was liable under the principle of strict liability The plaintiff's suit should be decreed in his favour.

20.

In public nuisance, a private right of action lies: A. When the injury is merely consequential B. When there is proof of damage C. When the injury is particular, direct and substantial D. None of the above

21.

Which of the following is a good defence for the tort of private nuisance? A. Тһе plaintiff has come to the place of nuisance B. The activity is for the benefit of all C. The activity has been carried on for the last 20 years D. The plaintiff is a sensitive person

22.

During the scarcity of potatoes, long queues were made outside the defend ant's shop who having a license to sell fruits and vegetables used to sell only 1 Kg of potatoes per ration card. The queues extended on to the highway and also caused some obstruction to the neighboring shops. The neighboring shopkeeper s brought an action for nuisance against the defendant. Which one of the following decisions will be correct in this suit? The defendant is liable for nuisance The defendant is not liable for nuisance The plaintiffs’ suit should be decreed in their favour Ow» The defendant’s liable to pay damages to the plaintiffs

23.

In India an action of slander may be maintained without proof of special damage in some cases. Identify in which of the following cases proof of damage is necessary? A. Imputation of crime B. Vulgar abusive language C. Imputation of contagious disease D. Imputation of lack of chastity to a woman A magistrate in making a report to the superior casts an imputation on the character of a person Z in good faith and for public good .

24.

С

LL

pe

LLL

LAW E E EE OF TORTS

УУ

Which of the following defenses is most appropriate? А. Justification B. Fair comment С: Absolute privilege D. Qualified privilege

25.

The defence of absolute privilege in case of defamation is available in which of the following cases: E Parliamentary proceedings 2. Publication of matters in public interest >. State of communications 4. Judicial proceedings Codes: A. 1,2 and 3 C. 1,2 and 4

26.

В. 2,3 and 4 D. 4,3 and 1

Match List-I with List- П and select the correct answer using the code given below: (Re: Tort of Defamation) List-I List-II (a) Tolley Vs. J.S. Fry and Sons ltd., (1) Publication of statement (11) Innuendo (b) Williamson Vs. Freer (iii)Fair comment (c) Alexander Vs. North Eastern Company (1v) Defence of truth (d) Merivale Vs. Carson Codes:

(a (i GC av)(i) onm» the tort Two or Two or Two or Two or

(b)

©

540 rv); (ш) Quy ЧЧ) ™ a) (i) (1)

of conspiracy more persons more persons more persons more persons

(d) n) (v) (11) (iv) exist? agree to commit an unlawful act agree to commit some recognized tort caused harm to the plaintiff committed a concerted action to injure plaintiff

27.

When does A. B. e. D.

28.

Which one of the following is NOT an important factor in the tort of conspiracy? The purpose of combiners A. The means employed by the combiners B. The number of the combiners C. Тһе intention of the combiners D. 147

LAW OF TORTS

29;

In case of false imprisonment: A. Intention of the defendant is necessary to constitute the tort B. The wrong could not be constituted without the knowledge of the person wronged C. Thewrong could be constituted even by the curtailment of partial liberty D. The wrong could be constituted even without the knowledge of the person wronged

30.

A unlawfully locks B in a room. B can open the door from inside the room as he has a duplicate key in possession. B, however, forgets that he has a key and as result remains locked in for two hours after which A comes back and open the room. A is A. Not liable because B has a duplicate key in his possession and can come out whenever he so wishes B. Liable as he may not know that B has duplicate key in his possession C. Liable as his act is unlawful D. Not liable as B has suffered because of his own forgetfulness

31.

Directions: The following statements consist of two statements, one labeled as the ‘Assertion (А)? and the other as * Reason (В )' . You аге to examine these two statements carefully and select the answers to these items using the code given below: A.

B.

A Both (A) and (К ) are true and (В) is the correct explanation of A. Both(A)and(R)are true but (В) is NOT the correct explanation of A.

C.

(A) is true but (R Jis false

D.

(А) is false but R is true.

Assertion(A) : In an action for malicious prosecution it must be proved that the

defendant had initiated criminal proceedings maliciously and without reason able and probable cause 32:

Reason(R ) : Action for malicious prosecution is instituted in crimi nal court The defendant has filed a complaint to the Magistrate against the plaintiff. The complaint was dismissed. The defendant moved the sessions Judge in appeal. He got himself examined in Sessions trial although he knew the charge was false and he was acting without reasonable and probable cause. His complaint was dismissed 148

LAW OF TORTS

by the Sessions Judge. Thereupon the plaintiff filed a suit for malicious prosecution against the defendant. In the aforesaid case, which one of the following conclusions is correct? A. The defendant is liable for malicious prosecution B. The defendant is not liable for malicious prosecution C. The defendant is not liable to pay damages to the plaintiff D. The plaintiff suit must be dismissed “ Where directive principles have found statutory expression in do’s and don'ts the court will not sit idle and allow government to become a statutory mockery for protection of environment. The Law will relentlessly be enforced and the plea of poor finance will be poor alibi when people in misery cry for justice". The above was observed in Muncipal Council of Ratlam Vs.Vrdhichand by: A. Justice Chnnappa Reddy B. Justice V.R. Krishna lyyer C. Justice Bhagawati D. Justice Ranganath Misra Directions: The following statements consist of two statements, one labeled as the ‘Assertion (А), and the other as ‘Reason (RY. You are to examine these two statements carefully and select the answers to these items using the code given below: A. Both (A) and (К) are true and (К) is the correct explanation of A. B. Both(A) and (К) are true but (К) is NOT the correct explanation of A. C. (A) istrue but (К Jis false D. (A)is false but R is true. Assertion (A) : X and Y sitting on the bank of a river suddenly start fighting, and X throws Y into the river. Y starts shouting and requests Z, a vendor on riverbank, to save him. Z, though knows swimming does not pay heed. Y drowns, Z is not liable. Reason (R): People must guard against reasonable probabilities but they are not expected to guard against fantastic possibilities

Consider the following statements: For making occupier or owner of land liable on the basis of strict liability rule certain essential factors are (1) Keeping of a dangerous thing on his land (2) Non-natural use of land (3) Use of thing for common benefit 149

LAW OF TORTS

(4)

Escape of thing from his control

Which of the statements given above are correct? A. B. C.

1;223nd5 2,3and4 1,2and4

D.

3and4,only

36.

In which of the following cases it was held by the Supreme Court that state was not liable on the ground that police were acting in discharge of statutory powers and power of the police in keeping the property in the police Malkhana was a sovereign power? A. Ramkwati Kaur Vs. State of Bihar B. Radha Aggrwal Vs. State of U.P C. Kasturi Lal Vs. State of U.P D. State of Bihar Vs. Rameshwar Prasad

ЭТ.

In which one of the following cases, has the Supreme Court laid down that where the enterprise is engaged in hazardous or inherently dangerous activities and harm results to any one on account of accident, the enterprise is strictly liable to compensate all those who are affected by such accident? A. Union Carbide Corporation Vs. Union of India B. M.C Mehta Vs. Union of India C. Charan Lal Sahu Vs. Union of India D. Pondyal Vs. Union of India

38.

The * Absolute liability’ theory on the basis of pollution causing indust rial injuries was propounded by: A. УК. Krishna Iyer. J. B. PN.Bhagawathi C. Kuldip Singh D. М.М. Venkatachalaiah Which of the following is not an exception to the stric t liability principle laid down in Rylands Vs. Flether? A. Independent Contractor, B. Statutory authority C. Act of God D. Consent of the plaintiff. Salus Populi Suprma lex means: Te welfare of the people is the supreme law Law is more important than the people The supremacy of law can never be questioned Ow» Public opinion is superior to law.

39:

40.

у RASSE M LAW OF TORTS ATE

41.

In India, the Railways: A. Have direct statutory duty to erect gates and employ gateman at the

С.

level crossings Have no duty until the central government so requires by a requisition under section, 13 of the Railways Act. Being engaged in an inherently dangerous activity are bound by the

D:

common law duty on the principle of neighborhood. Both (B) and (C) are correct

B.

42.

Exemplary A. B. €. D.

43.

Consider the following statements: The essentials of Defamation are: (a) The statements must be defamatory;

(b) (c) (d)

damages are awarded: When it is considered an action should never have been bought. When the purpose of the action is merely to establish a right. When it is necessary to compensate the plaintiff. To punish the plaintiff and to deter him from similar conduct in future.

The said statement must refer to the Plaintiff;

The statement must be published; The statement must not be published:

Which of the statements given above are correct?

44.

Ae

el, 2 andЗ

B.

2,3 and4

C.

1,2 and4

D.

4, only 3 and

In Modern Criminal Law, rule of vicarious liability is seldom applied and penal liabilities are not vicarious, except in very special circumstances and in certain of its less serious forms:- This statement is

45.

A.Correct

B.Incorrect

C. Absolutely False

D. None of the above

Consider the following statements: The various reasons attributed to the rule of vicarious liability are: (a) Respondent Superior- Let the Principal answer who (b) It is said that the employer should be made liable because it is he set the whole thing in motion;

or É эк ————

LAW OF TORTS

(c)

Qui facit per alium facit per se- He who acts through another is deemed to act in person

(d)

Employers usually are while their servants usually are not, financially capable of the burden of civil liability. Codes: A. Only (a), (b) and (c) B. Only (b), (c) and (d) C.

Only (a), (c) and (d)

D.

(a)(b)(c)

and (d)

46.

In order to test the relationship of master and servant, the modern trend is to apply the “Hire and fire’ test, ie., a person who employs another person and is his pay master and has the power to fire(discharge) him, is the master for the purpose of vicarious liability: -This statement is: A. Correct B. Incorrect C. Absolutely False D. None ofthe above

47.

In Contributory negligence the *Last Opportunity’ rule, states when two person s are negligent, that one of them, who had the later opportunity of avoiding the accide nt by ordinary care, should be liable for the loss.-This statement is A. Correct B. Incorrect C. Absolutely False D. Ambiguous

48.

The act of trespassing upon another's land is not actionable if it has not caused the plaintiff the slightest harm:- This statement is A. . Correct B. Incorrect C. Absolutely False D. Ambiguous

49.

Consider the following statements: Which of the following are different kinds of strict or absolute liability? (a) Liability for inevitable accident (b) Liability for evitable accident

(c) (d)

Liability for inevitable mistake Vicarious liability for wrongs committed by other s. Codes: A. C.

Only (a), (b) and (c) Only (a), (c) and (d) 152

B. D.

Only (b), (c) and (d) (а), (Ы), (с) and (d)

1 LAW OF TORTS ————һ—®©окпош Кы

50.

Consider the following statements: Which of the following statements are considered as assault? (a) Point a loaded gun at the plaintiff (b) Curse him in threatening manner (c) Use of force (d) Aim a blow at him which is intercepted Codes:

A.

Only (a), (b) and (d)

B. C. D.

Only (b), (c) and (d) Only (a), (c) and (d) (а), (b), (c) and (d)

51.

Which is the landmark civil compensation case and the worst fire tragedy in India where 59 people died and 105 people seriously injured resulting stampede in Delhi cinema hall, where Supreme Court asked the 2 cinema owners to pay 30 Crores each to the government in three months and ordered to undergo 2 years rigorous punishment if they fail to pay? A. — Aushil Ansal & Anr. vs. State through CBI B. Poonam Verma vs.Ashwin Patel C. Indian Medical Association bs V.P Shantha and Others D. All the above.

52.

‘When the negligence of two or more persons results in the same damage there is said to be ‘Composite negligence’ and the persons responsible for causing such damage are known as ‘composite’ tort feasors or independent tort feasors:-This

statement is A. Correct C. Absolutely False 53.

54.

B. D.

Incorrect Ambiguous

The truck got fire due to defendant's negligence and the plaintiff jumped out to save himself and died on being struck by a stone lying on the road side. The defendant were held Not liable B. laable Ае None of the above D. Not liable at all C. Опа fogy night “A” puts his scooter in the garage of ‘B’. On finding it. a B removes the scooter from the garage and puts it alongside the road, then

з

———————

LAW OF TORTS

55.

A.

‘B’ has committed no tort because he interfered with the property of

B. C. D.

another has committed no tort because he acted in protection of his property. ‘B’ has committed no tort because he is not at fault. “В” is liable as joint tort feasor.

‘A’ has invited ‘B’ for dinner, when ‘B’ is stepping up the stairs leading to “А residence he slips and gets injured because the stairs are slippery and there is no light illuminating the stairs. A. ‘A’ is liable because ‘B’ has suffered injury while going to 'A's residence. B. ‘A’ is liable because his premises were unsafe and he did not do anything to make it safe. C. 'A'is not liable because it was not his duty to provide illumination on the stairs. D. ‘Æ is not liable because ‘B’ himself was to blame for the injury. жж ж

LAW OF TORTS

ANSWERS TO THE QUESTIONS ON LAW OF TORTS

C-

Ashby vs. White, (1703) 2 Ld Raym 938.

D- Nilabati vs. State of Orissa(1991)2 SCC 746

B-Noble vs. Harrison,

B-Dwyer vs. Mansfield,1967

ev Poor ram aed [oe ОУУ S|

| Чә М

LAW OF TORTS

c So

А-Т.$. Bhatta vs. A.K. Bhatta, A.S. No.356 of 1972 dated 08.02.1978

Liability based on fault- *Strict liability" rule laid down in Ryland Vs. Fletchor's case

A-

B

Aushil Ansal & Anr. vs. State through CBL(2014)6 SCC 173.

E

INDIAN CONTRACT ACT, 1872 Which one of the following is the best statement about the Indian Contract Act? A. ПЕ is an exhaustive code containing the entire law of the contract B. Itisan Act to amend certain parts of the law relating to the contracts C. Itisonly an Act to define certain parts of the law relating to contracts and contains only the general principles of contract. D. Itisnotanexhaustive code containing the entire law of contract being an Act to define and amend certain parts of law relating to contract. A standard form of contract is one in which: A. Тһе terms on which mercantile transactions of common occurrence are to be carried out Тһе terms are fixed by one of the parties in advance and are open to B. acceptance by any one The terms are fixed by the government of state to which the contracting C. parties belong Theterms are pre-determined by the custom ofthe trade to which the D. contracting parties belong

An offer is: Only a declaration of intention A. B. Only a proposal C. Ап invitation A willingness to do or abstain from doing something with a view to D. obtaining assent of the addressee The display of articles in a showroom indicating the prices amounts to: Counter offer B. A. to Offer €.

D.

Invitation to an offer

157

mere advertisement

INDIAN CONTRACT

АСТ, 1872

Promissory estoppels is sometimes spoken of as a substitute for: A. Novation B. Quasi contract C. | Consideration D. Coercion Which one of the following statements is correct? An Agreement to which the consent of the promise is freely given, is not void merely because the A. The consideration is not there B. | Consideration is not adequate C. | Consideration is past D. Consideration is not spelt out clearly

“Ап acceptance is complete as soon as the letter of acceptance is posted-whether it reaches the offerer or not". Which one of the following with regard to the above statement is correct? A. According to Indian law the rule is valid B. | According to English law the rule is valid C. Во Indian Law and English law follow the same rule. D. | None of the above is correct.

An agreement without consideration is valid, unless: Itis in writing and registered A. B. Isa promise to compensate for something done Itis made by two minors C. D. Isa promise to pay a debt barred by limitation Law

When a person without expressing his final willingness, proposed certain terms on which he is willing to negotiate, he makes: A. . Counter offer B. Standing offer C. Offer D. Invitation to treat. 10.

The contract of *uberrimae fidei" means a contract: A. . Of good will B. Guaranteed by surety C. |J Of utmost good faith D. Of good faith

The term “consensus ad-idem" means: A. Formation of the contract C. | Meeting of minds

B. D.

Reaching of agreement General consensus

INDIAN CONTRACT

12.

Which one of the following is the correct sequence? A. B. C. В.

13.

АСТ, 1872

Offer, acceptance, contract, consideration Offer, acceptance, consideration, contract Contract, acceptance, consideration, offer Offer, consideration, acceptance, contract

When a person signifies his assent to a proposal made to him to refrain from doing something , the resultant transaction is known as :

A. C.

14.

РЭ:

. Promise . Contract

B. Agreement D. | Understanding

А notice in the newspapers inviting tenders is a: A. A proposal В. Ап invitation to proposal C. A promise D. An invitation for negotiation The Jurisdictional basis of quasi-contractual obligation can be explained through the theory of : A. Indebitatus assumpsit B. | Unjust enrichment C. Just and reasonable solution D. . Voluntary benefits.

16.

Which one of the following statements is correct? The communication of acceptance is complete as against the acceptor, A. “еп it comes to the knowledge of the acceptor, B When it comes to the knowledge of the proposer, C. Меп it comes to the knowledge of both the proposer and acceptor D Even when it does not necessarily comes to the knowledge of the anybody.

Lr

‘A’ promises to provide maintenance allowance to her maternal uncle in consideration of certain properties gifted to her by her mother. ‘A’ refuses to pay maintenance amount and maternal uncle institutes suit against ‘A’ to enforce the promise. Which of the following is the correct statement? Maternal Uncle A. Will not succeed as he being a stranger to consideration cannot sue

upon the contract; B.

C.

|

Will succeed because according to the Indian Contract Act consideration may be given by the promisee or any other person; Will succeed because he is near relative and in such cases consideration is not necessary;

INDIAN CONTRACT

D.

АСТ, 1872

Will succeed because consideration given by a near relation may be treated as consideration given by the promisee;

18.

19.

20.

‘X’ makes an offer to Y. X dies the next day, but Y does not know of the death. Y sends a communication to the address of X accepting the offer'. Is the agreement formed between the parties? Choose the correct answer. (a Requirements of offer followed by the acceptance are met (b) Absence of knowledge of death will not invalidate the agreement. (c) |No meeting of minds which does not render it to agreement. (d) Death of the offerer reduces it to nullity. Codes: A. (a)and(c) B. (a)and (b) Gi ie (e)and (d D. (b)and (d) A bid at an auction is only an Апоҝег A. B. Aninvitation to proposal C. Aninvitation for negotiation D. | None of the above

Match list I with List II and select the correct answer using the code given below the Lists: List-I List-II (a) Acceptance (i) Promise or set of promises (b) Agreement (п) Signifying willingness to do or abstain from doing each. (c) Proposal (ii) Signifying assent to the proposal (d) Reciprocal promises (iv) promises forming consideration to other. Codes:

(a) (b ©

@

(5 ^sbj.

күш)

(iv)

(iv) (1)

(ii)

(iii)

(ii) Qi) Qv) @ oos» (i) @

G) (v)

INDIAN ——— CONTR ACT АСТ, АСТ, — 1872 ENDAN — CONTR— ACT 1872 — _ — 21. The doctrine of privity of contract is laid down in the case of: A. A Carill Vs. Carbolic Smoke Ball and Co. B. Balfour Vs.Balfaour C. Harvey Vs.Facey D. Dunlop Pneumatic Tyre Co.Ltd., Vs. Selfridge and Co.

22.

Тһе term “Quasi Contract" is: A. Defined by Sec. 68 of the Indian Contract act. B. Матеа “implied in fact contract’ by Section 69 of the Indian Contract Act. C. Found as “unjust enrichment" is Sec. 70 only of the Indian Contract Act. D. Conspicuous by its absence in the Indian Contract Act.

23.

Unlawful detaining or threatening to detain any property with the intention of causing any person to enter into agreement would amount to which one of the following?

24.

A.

Unlawful detention

B.

Duress

C.

Undue Influence

D.

Coercion

‘A’, A Hindu already married with a living wife ‘B’, enters into a marriage agreement with a widow of 30 years age. This agreement is: A. . Void, because of being opposed to public policy B. . Valid and can be enforced by either party Voidable, because ‘A’ has obtained ‘B’ consent by exercising undue C. D.

25.

26.

influence against her. . Void, because of being forbidden by law.

‘A’promises ‘B’ to drop a prosecution which he has instituted against B for robbery, and “В? promises to restore the value of the things taken. The agreement is B. Void A. Valid D. A Contract. C. Voidable the “X? contracted with a tent house for erecting a shamiana for performing ed in the marriage of his daughter. On the day of marriage, a curfew was clamp owner claimed area preventing the celebration of the marriage. If the Shamiana the charges agreed to be paid by X, then

INDIAN CONTRACT

X has to pay the contracted charges Xneed not to pay the agreed charges but only reasonable damages X need not pay anything as the celebration of the marriage was impossible due to the curfew. X can ask the State to bear the claim for damages.

А B. C

D. 27.

АСТ, 1872

Match List I (legal maxims) with List II-(field of application) and select the correct answer using the code given below the Lists: List II-Field of application List I-Legal Maxims

(a) (b) (c)

*ex dolo malo non oritur action"

1. Illegal contract

*Non est factum"

2. Documents executed in ignorance

*Nudam pactum ex quo non oritur

3. Quasi Contract

action"

(d)

“Ех aequo et bona"

4. Consideration

Codes:

(a) (b)

(c)

(d)

а

е.

22

1

|.vete

M

4

3

Cm4

& 2

3

1

3

4

Diet

42039

"ex dolo malo non oritur action"-agreements done with malafide don not give any right of action “-Non est factum"-signature on the contract was signed by mistake without knowledge of its meaning but was done so negligently. "Nudam pactum ex quo non oritur action-means agreement without consideration has no legal consequences “Ех aequo et bona”-this maxim relates to quasi contractual obligations. It means that the benefits gained must be repaid.

28.

Ifthe terms of the contract are not fulfilled, the law will endeavour so far as money can go to place the aggrieved party:

A.

B.

П position more advantageous than that which would have arisen had the contract been performed

Inthe same position as if the contract has been performed

INDIAN CONTRACT

C.

Inthe equal position as if the contract has been performed To status-quo

D.

29.

АСТ, 1872

Match list I with List II and select the correct answer using the code given below the Lists: List-I

(a)

List-II

Hadley Vs. Baxendale -

(1) Destruction of the subject

Саг Vs. Carbolic Smoke ball Co. Dunlop Pneumatic Tyre Co. Vs.

(2) Privity of Contract

matter

(b) (c)

(3) Measure of Damages

Selfridge & Company Ltd.,

(d)

Taylor Vs. Caldwell

;

(4) General Offer

Codes:

(a 2)

(b) (4)

(2): (3): 0635 Коуз р GUO (3) (4).

(o (3)

(d) (1)

00(5)^ (D (yo) Q) (D

30.

Тһе liability of the infant for necessitates supplied to him is: (a) Contractual and can be enforced against him. (b) Quasi contractual and the rule is embodied in Sec. 68 of the Indian Contract Act (c) Limited only to the property of the infant if any Select the correct answer using the code given below: A. (а) and (b) B. (b)and(c) C. (a) and (с) D. ^0nly2

31.

Which one of the following is relevant in normal circumstances in determining the amount of damages for breach of contract? A. Normally expected loss B. | Difference between market price and contract price C. Sudden closure of production D. Additional expenses for procuring the goods.

INDIAN CONTRACT

32.

ACT,

1872

g the code given Match list I with List II and select the correct answer usin below the Lists: List-II(Section)

List -I (Vitiatory factors)

(a (b) (c) (d)

77 (ii) (iii) (iv)

Fraud Coercion Міѕгергеѕепіайоп Undue influence

“Bee. Sec. Sec. Sec.

г, 16 17 18

Codes:

(a) АУП B. (i) (C шу D. (iii) 33.

34.

35.

(b)

(©

(d)

"dao (ü) ДП) ()

(ш) (v) (И) ау)

(v) (1) (m) (i)

Consider the following statements: A person is said to be of sound mind for the purpose of making a contract if at the time of making it he is l. Of the age of majority 2: Capable of understanding the contract though unable to form a rational judgement as to its effect upon his interest. 3. Capable of understanding it and of forming a rational judgement as to its effect upon his interest. Which of the following statements given above is/are correct? Codes: A. 1 only B. “T2 2413 C. 2and 3,only D. 3only А contract of Life Insurance, the performance of which depends upon a future event falls under the category of : A. Contract of Indemnity B. | Contract of Guarantee C. Contingent Contract D. — Special type of Contract

Consider the following statements: (a) Misrepresentation is also a subtle species of fraud. (b) Sec. 56 of the Indian Contract Act, 1872 does not leave the matter to be determined according to the intention of the parties.

INDIAN CONTR ————————————————ÀPIÁAN CONTRACT 1872 _ OZ OOOOOOO ACT АСТ, АСТ, 1872

Which of the following statements given above is / are correct? A. (a)only B. (b)only C. Both (a)and (b) D. Neither (a) nor (b)

Which of the following are essential characteristics of the wagering contract? i Mutual chance of gain or loss i.e. one party winning and the other losing. 2 Neither Party has control over the other 3. Uncertain event, which is generally a future event. Select the correct answer using the code given below: B. land 2, only A. 2and3,only 1,2 and3 only D. land 3, only C.

57.

Damages awarded with a view to punish the party who commits the breach of contract are known as: A. Liquidated damages B. Punitive damages C. Special damages D. General damages

38.

If the performance of the contract becomes impossible because of a supervening event, the promisor is excused from the performance. This is known as A. . Doctrine of estoppel B. Doctrine of frustration C. | Doctrine of eclipse D. Doctrine of caveat emptor

39.

A minor enters into agreement representing himself to be major. Consider the following statements: 1. Minor commits fraud if the other party does not have personal knowledge of his age 2. Such agreement is enforceable Тһе doctrine of estoppels does not apply in minor’s case 3. Other party is entitled to get back the benefit passed to the minor, if he 4 is innocent about his age: Which of the statements given above are correct?

40.

A.

1,3 and4

B.

2and4

CST

апа!

D.

2and4

Match list I with List II and select the correct answer using the code given below the Lists:

INDIAN CONTRACT

(a) (b)

(c) (d)

List -I Promise forming consideration of each otherRelations resembling those created by contractNon-Performance of contract due to strike of employeesAgreement in restraint of legal proceedings-

АСТ, 1872

1.

List-II Commercial Impossibility

2.

Void agreement

Reciprocl promises

3. 4.

5.

Quasi contracts

| Void contracts

Codes:

(a A. 4 Bo Eu. 1 D. 41.

(b)

(c)

(d)

14 2 ue 4

b Ay 1 3

1 29 2 7

Match list I with List II and select the correct answer using the code given below the Lists: (a)

(b)

(с)

List-I Derry Vs.Peek Kelly Vs. Henry Mohribibi Vs. Dharmadas

List-II 1. Fraudulent Minor liable to return the benfits while avoiding the contract 2. Minor's Contract is void ab-intio 3. Contingent Contract

Gosh-

(4)

Khangul Vs.Lakha Singh

4. Knowingly making false statement amounts to fraud

Codes:

42.

(a)

(b)

(©)

A.

dA

Seek)

С.

4

1

2

(d) 1 3

(a)

Bu D.

(b) ГС 3

(c)

(d) ВРИЕ

X

Which one of the following statement is correct? A. А contract is voidable because it was caused by a mistake as to any law in force in India

INDIAN CONTRACT

B. C. D.

43.

АСТ, 1872

А mistake as to law not in force in India has the same effect as a mistake of fact. А contract is voidable merely because it was caused by one of the parties to it being under a mistake as to a matter of fact. Where both the parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is not void.

Doctrine of frustration was laid down for the first time in: A. . Kelly Vs. Henry Taylor Vs.Caldwell B. C. | Paradine Vs. Jane D. Criklewood Property and Investment Trust Ltd., Vs. Leighton's Investment Trust ла,

44.

Which опе of the following statement/s is/are correct? Whether an article supplied for a minor, amounts to necessary or not, is A. А question of Law Question of fact B. Міхей question of law and fact C. D. | Decided solely at the discretion of the guardian.

45.

Which one of the following statement is correct? Doctrine of frustration comes into play: A. еп both the parties are frustrated B. When either of the party is frustrated

46.

C.

Меп the object of the contract has failed

D.

When there is commercial hardship.

‘A’ enters into a bet with ‘B’. ‘A’ promises that he will pay Rs. 50000/=to ‘B’if Australia defeats India in one day International being played at Delhi. ‘B’ in turn promises to pay 50,000/- to ‘A’ if India defeats Australia. India defeats Australia and ‘В’ instead of paying the amount to ‘A’ executes a promissory note in favour of “А” promising that he will pay money on or before a specified date. No witness attests the promissory note. The promissory note is not registered; ‘B’ fails to pay within the stipulated time. On the basis of the above, which one of the following statement is correct?

167

INDIAN CONTRACT

A.

B. C. D.

ACT, 1872

The Promissory note has no validity in the attested. Тһе Promissory note has no validity in the registered. The Promissory note has no validity in the debt due on wagering contract. The Promissory note has no validity in the should involve only cash transactions.

eye of law because it is not

eye of law because it is not eye of law because it is for eye of law because betting

47.

Which one of the following is not an essential feature of a wagering contract? A. — Insurable contract B. | Uncertain event C. Mutual chances of gain or loss D. Neither party to have control over the event.

48.

Which one of the following statement/s is/are correct? (a) Doctrine of frustration is not applicable when the rights and obligations of the parties arise under the Transfer of Property Act. (b) Ifand when there is frustration, the contract automatically comes to an end. Which of the following statements given above is/ are correct? A. (a) only B. (b)only C. Both (a)and (b) D. Neither 1 nor 2

49.

Which of the following statement is correct? When the contract is caused by fraud, the contract is A. . Void ab initio B. — Voidable from inception D. Valid. C. . Voidable from inception

50.

Which one of the following statements is correct with regard to a contract for sale of immovable property? A. Time is always the essence of contract. B. Time is never the essence of contract C. Time would not regarded as the essence of the contract unless it is shown that the parties intended to D. Since itis a sale of immovable property, even the parties cannot intend to make time the essence of the contract.

INDIAN CONTRACT

ACT, 1872

51.

A change in the nature of obligation of a contract is known as: A. Novation B. Recession C. Alteration D. Repudiation

52.

A gives her gold ornament to a goldsmith for making a new ornament. Each evening the semi-furnished article would be put by A in a box and left in a room in the goldsmith’s house? The room would be locked and A would retain the key. While so the box containing the ornament was stolen. Is the goldsmith liable for the loss? Choose the most appropriate answer: A. Goldsmith cannot be said to be in legal possession of the jewel since it is in the locked room and key was always retained by A and as there was no bailment, goldsmith is not liable. B. Goldsmith is liable because locked room is in the premises of the goldsmith. ; C. Gold smith is not liable since gold was kept his premises and this can be interpreted as he has got the legal possession of the gold. D. None of the above.

53.

54.

Bailor has duty to disclose fault in goods bailed as per: A. бес. 149 of the Contract Act B. Sec. 150 of the Contract Act e Sec. 151 of the Contract Act D. Sec. 152 of the Contract Act ‘A’ s cow is left with ‘B’. Without ‘B’s fault is it stolen. ‘B’ makes no effort to recover it. Can ‘B’ held liable for the loss? Bis held liable for loss though thing stolen in spite of his care does A. not absolve him of the duty to make efforts for recovering it by reporting to the police and to the owner. Bisheld not liable for loss as he has taken due care. B. Bisheldnotliable as per Sec. 152 ofthe Contract Act since he has C. taken the due care as per Sec. 151 of the Contract Act.

D.

55.

None of the above

А gratuitous bailment is terminated by the death either of the bailor or of the bailee:-This statement is:

|169|

INDIAN CONTRACT

56.

A.

Correct

B.

Incorrect

C.

Ambiguous

D.

Vague

B.

Sec. 166 of the Contract Act Sec. 168 of the Contract Act

Right of the finder of goods is mentioned in: A. С:

D

ACT, 1872

Sec. 165 of the Contract Act Sec. 167 of the Contract Act

D.

An “Agent” is a person employed to do any act for another or to represent another dealings with third persons. The person for whom such act is done , or who is so represented , is called the “principal”- This is defined in A. C

Sec. 180 of the Contract Act Sec. 182 of the Contract Act

B.

Sec. 181 of the Contract Act

D.

Sec. 183 ofthe Contract Act

58.

‘No consideration is necessary to create and agency’-This statement is A. "Correct B. Incorrect C. Ambiguous D. Vague

oY.

Is Principal is answerable to third parties who have suffered loss by the agents fraud while acting for the Principal?

60.

A. B. C.

Yes No Yes, if the agent acted within the authority conferred to him by his Principal `

Dp:

None of the above

Doctrine of Undisclosed Principal is mentioned in: Sec. Sec. Sec. OW» Sec.

231 232 233 234

of of of of

the the the the

Contract Contract Contract Contract

Act Act Act Act

Жжжж

170

INDIAN CONTRACT

E-—

ACT, 1872

INDIAN CONTRACT ae 1872:

1 Pharmaceutical Society of vs. Boots Cash Chemists

(Southern) Ltd., (1952).

A Caldman vs. Hill

Ó x

D > uà ат

3

En © со

SOME IMPORTANT CASE LAWS WITH

PRINICPLES:

un

Dunlop Pneumatic Tyre Company Ltd., vs. Selfridge Hadley vs. Banxandale Derry vs. Peek Mohiribibi v/s Dharmadas Ghosh Carill vs. Carbolic Smoke ball Company Taylor vs. Caldwell Ladli Prasad vs. Karnal Distillery Co. Ingram vs. little Durga Prasad vs. Balder Lakshmi Amma vs. Telangana Khangul vs. Lata Singh

—

.

E

Jamndas vs. Ram Autar Ghosh Satya Brata Ghosh vs. Muganiram Hochester De La Tour case Harvey vs. Facey Dutton vs. Pool Sampson vs. London North Western Railway Robert vs. Grey Gunday vs. Lindsey Dunlop vs. Higgins Hyde vs. Wrench Pharmacautical Company Boots Cash Chemists Tinn vs. Hoffman

.

jà p| | 41 f pd —| pah —| RO} NO} bo Ge] BY} сл! а|——“| с» r2 Go] BY] a} VO] oo WO] Ф| -—| .

O N wnt

4.

NIO N

25. the

С)

Privity of Contract Measure of Damages Measure of Damages Minor ‘s Contract is Void ab initio General Offer Destruction of Subject Matter Undue Influence Mistake as to Identity of Parties Consideration Undue Influence Fraudulent Minor liable to returns the benefits while avoiding the contract Privity of Contract Rule Frustration of Contract Anticipatory Breach of Contract Privity of Consideration Special Damages Minor’s Agreement Mistaken Identity Acceptance through Post Counter Offer Invitation to Offer Cross contracts do not create

ua

cot

Krell vs. Henry Khangul vs. Lakha Singh

Contingent Contract Fraudulent Minor is liable to return benefits while avoiding the

|

contract

135.|Frosa SoikaAkayjnavs.Faitbam | 172

O oOoooooO

LABOUR & INDUSTRIAL LAWS LABOUR AND INDUSTIRAL LAWS ARE: (1) Industrial Disputes Act, 1947

(2) (3) (4) (5) (6) (7) (8) (9) (10)

Factories Act, 1948

(11) (12) (13) (14) (15) (16) (17) (18)

Industrial Employment (standing Orders) Act, 1946

Minimum Wages Act, 1948 Payment of Wages Act, 1936 Equal Remuneration Act, 1976 Employees state Insurance Act, 1948

Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 The Trade Union Act, 1926

Apprentices Act, 1961 The Labour Laws (Exemption from Furnishing Returns and maintaining Register certain Establishments) Act, 1988 The Child Labour (Prohibition and Regulation ) Act, 1986

Maternity Benefit Act, 1961 Contract Labour (Regulation and Abolition ) Act, 1970 Employees Compensation Act, 1923

Payment of Gratuity Act, 1972 Payment of Bonus Act, 1965

Employees Provident Funds and Miscellaneous Provisions Act, 1952

173

LAWS TRIAL INDUS &O LABOUR & LAWS R U INDUSTRIAL LAB

_

QUESTIONS: р.

The institution of Works Committee was introduced in India through: The Trade Disputes Act A. Тһе Industrial disputes Act B. The Trade Union Act C. The Employment Standing Order Act. D. “Works Committee under the Industrial Disputes Act should be substituted by an ‘Industrial Relations Committee’ to promote in house dispute settlement". This recommendation was made by: A. Royal Commission on labour B. National Commission on Labour 1969 C. National Commission on Labour 2002 National Commission for enterprise in the unorganized Sector. D.

An Independent Industrial Relation Commission to provide labour welfare policy was recommended by : A. Ramanuja Committee B. Madhavan Committee C. Vasudevan Committee D. Santhanam Committee Which of the following is incorrect with respect to retrnechment? A. An Employee having less than one year of continuous service will not be retrenched B. One months notice with reasons and on months wages in lieu of such notice is necessary. C. Employee is entitled to compensation equivalent to 15 days average pay for every completed one year. D. Serving of notice to appropriate Government or any such authority is not mandatory.

Who is a *protected workman" under the Industrial Disputes Act? Answer from the codes given below: (i) A workman who is a member of a registered Trade Union. (п) Recognized by the Registrar of the trade Union as protected workman. (ii) A workman who is member of the Executive or other office bearer of a registered Trade union connected with the establishment. (iv) Recognized as protected workman under the rules applicable to the establishment 174

LABOUR & INDUSTRIAL LAWS

Of these, following are correct. A. (1) Alone. C. (0), (ii) and (iii)

B.

(1) and (ii)

D.

(ii) and (iv)

Failure of the conciliation proceedings under the Industrial Disputes Acts leads to refer the matter to adjudication by: A. Theconciliation Officer B. Both the employer and employees act C. Theemployer D. Theappropriate government The term ‘workman’ under Industrial Disputes Act includes: A. Aperson employed for doing any manual unskilled, skilled, technical, clerical or supervisory work for hire or reward. B. A person employed mainly for managerial or administrative capacity C. AandB are correct D. Neither A nor B

In which of the cases the Supreme Court of India has laid down “Triple Test’ for the identification of an industry with the ambit of Sec. 2(j) of the IDA? A. Р.М. Banarjee Vs. P.R. Mukharjee B. Н.К. Makwana Vs. State of Gujarat and others C. Hotel Imperial , New Delhi Vs. Hotel Workers Union D. Bnagalore water Supply Vs. A Rajappa Read both statements (A) and (R ) and give the correct answer by using the

codes below: Assertion (A) : The conciliation Officer has no power under Industrial Disputes act when Industrial Disputes exists or apprehended. Reason (R ) : Conciliation Officer only investigates the Industrial disputes which exists or apprehended. Codes: Both (A) and (R) are true and (R) is the correct explanation of A. A. Both (A) and (R) are true but (К) is NOT the correct explanation of A. B. C. =Y (A) is true but (R)is false Both (A) and (R) are correct. D. 175

LABOUR & INDUSTRIAL LAWS

10.

11.

The power of the Government to refer a Dispute under the Industrial Disputes Act is: B. Discretionary A. Mandatory D. Either mandatory or discretionary C. Recommendatory Read both statements (A) and (R )and give the correct answer by using the codes below: Assertion (A): Participation in illegal strike is punishable Reason (R): Right to go on strike is not a Fundamental right Codes: Both (A) and (В) are true and (R) is the correct explanation of A. A. Both(A)and (R) are true but (R ) is NOT the correct explanation of A. B. C. D.

12.

(A)istrue but (К Jis false Both (A) and ( R) are incorrect.

Match List-I with List-II and select the correct answer using the code given below:

a) b) c) d)

List -I -(Judicial Decision)

List-II-(Concept)

Coir Board Ernakulam vs. Indira Devi Pipaich Sugar Mills Ltd., Vs. Pipaich Sugar Mills Mazdoor Union Sundarmbal Vs. Govt. of Goa Western India auto Mobile Association Vs. I.T Codes:

(1) Employer (11) Industry

(a

(ш) (ш) (iv) COWS (ш) 13.

(b) (c)

© (v) 0 Q)

(v) (ш) (i) Gi)

(111) Workman (iv) Retrenchment

(d)

(Ш (Q) Qi) (у)

Select the answer with the help of codes: Which of the following establishments come under the central Government, with the Central Government acting as the “Appropriate Government”? (a) Establishment under railway administration (b) Establishment under a major port. (c) Establishment under an oil-field or mine (d) Establishment under the state Ministry Codes: A. Only (a), (b) and (c) B. Only (b), (c) and (d) C. Only (a), (c) and (d) D. (а), (b), (c) and (d) 176

LABOUR & INDUSTRIAL LAWS ——————————ÀMOÓBÓSmRBINDUSIRIALLAWS O

14.

Under which of the following sections a Registered trade Union is immune from its criminal liability where an act done by the members in furtherance of their trade disputes? A. B. C. D.

15.

Sec. 15 бес. 16 бес. 17 Sec.20

of the of the of the ofthe

Trade Trade Trade Trade

Union Union Union Union

Act, Act, Act, Act,

1926 1926 1926 1926

Which of the following case is relating to unfair labour practices ? A. Regional Manager, SBI Vs. Rakesh Kumar Tiwari B. Central Bank of India Vs. Workmen C. Hindustan Motors Ltd., Vs.Tapan Kumar Textile Labour Union Vs. State of Rajasthan D.

Which of the following statement is correct? A. A Trade Union cannot constitute a separate or political fund under Sec. 6 (1) of the Trade Union Act. B. The general fund of a trade union cannot be utilized for the purpose stipulated in Sec. 15 of Trade Union Act. C. Trade unions are not immune from civil and criminal liability D. Certain officers of trade union, who are styled as protected workmen, are given certain safeguards in the matter of alteration of service conditions and termination of service during the pendency of any proceedings in respect of an industrial dispute. Ey.

In which of the following case, the Supreme Court held that “ there was no rule of thumb that in every case of termination of workman’s service in violation of Sec. 25-F of Industrial Disputes Act entire bckwages should be awarded? A.

,Talwara Co-Operative Credit

& Service Society Ltd., Vs. Sushil

{Kumar (2009)

B.

Gujarat steel Tubes Ltd., Vs. GS.T. Mazdoor Sabha

C. D.

Maji C. Lakum Vs.Central Bank of India None ofthe above.

Read both ! atements (A) and (R ) and give the correct answer by using the codes below: Assertion (A): Managers collectively bargain with labourers to get cheapest labour rates and derive maximum dividend to shareholders. Management must be economically sound. 177

LABOUR & INDUSTRIAL LAWS

Reason (R): Management must manage to maximize profits for company and give maximum dividend to shareholders. Management must be economically sound. Codes: Both (A) and (R) are true and (R) is the correct explanation of A. A. Both (A) and (R) are true but (К) is NOT the correct explanation of A. B. C. (A)istrue but (R)is false D. (A)is false but R is true. КО:

The Registrar of Pensions Appeal Tribunal was appointed as presiding officer of Labour Court. The Appointment is: A. C.

Valid — Void ab-initio

B.

Void

Р:

None of ће above.

20.

Giving financial A. бес. B. бес. C. бес. D. бес.

Zi.

No person employed in a public utility service shall go on strike: (0 Without giving notice of strike to employer (П) Within 14 days of giving such notice (Ш) After expiry of date specified in notice for strike. (IV) Within 7 days of conclusion of conciliation proceeding Codes: A. I and IV B. Land III C. I and II D. II and III

20:

There can be lay-off for: A. One day C. Maximum seven days

aid 25, 28, 26, 27,

to illegal Industrial Industrial Industrial Industrial

strikes is punishable under: Disputes Act. Disputes Act. Disputes Act. Disputes Act.

B. More than one day D. Any period, even less than one day

23.

Under which Section ofthe Industrial Disputes Act, an individual dispute is deeme d to be industrial dispute? AC 39902 B. бес.2А Gu үйбө BD: anses

24.

In which of the following case, the court reiterated the well-known legal position that even a temporary worker can claim retrenchment compensation, ifhe is covered by the provisions of Sec. 25 F of the Industrial Disputes Act, 1947? 178

LABOUR & INDUSTRIAL LAWS

A. B. C. D.

Tatanagar Foundary Co. Vs.Their workman Management of willcox Buckwell (India) Itd. Vs. Jagannath. Barsilight Railway Co.Ltd., Vs.Joglekar Modern Stores Vs. Krishnadas

25.

To be a member of the trade Union, a person must attain the age of: A. 18 years B. l6years 15 years C. De эл 21 years

26.

Which of the following pairs are not matched? A. Individual dispute whether industrial dispute-Newspapers Ltd., Allahabad Vs. Industrial Tribunal B. Meaning of Employer-Western Auto Mobile Association Vs. Industrial Tribunal C. Solicitors profession- Not an industry-National Union of the Commercial Employees Vs. Industrial Tribunal D. Go-Slow as serious case of misconduct- Vijay Cotton Mills Vs. Workmen.

27.

Lock-out is:

A.

C.

Ant-thesis of strike

Equal to strike

B.

Anti-strike

D.

None of the above

28.

Which of the following amount to Industrial Dispute? Апу dispute between employers and Employees A. Between Employers and Workmen B. Between workmen and workmen. C. Allthese. D.

29.

Consider the following statements: Тһе Trade Unions Act prescribe (i) of Trade Unions (ii) The Certificate of registration evidence (iii) The Registrar of Trade Unions before granting to a new Trade Of these, following are correct. 179

time limit for the grant of registration

issued by Registrar is a conclusive

is duty bound to hear existing unions Union

LAWS RIAL О & INDUST LABOURА мы ________————————————————— See Oe Фс ЗВ

A. C. 30.

31.

(1) alone. (1) (ii) and (iii)

B. D.

(i) and (ii) (ii) alone

Collective bargaining serves purposes: Regulating wages and conditions of service A. Regulating labour management relations B. C. Both (A) and (B) D. None of the above.

Read both statements (A) and (R ) and give the correct answer by using the codes below: Assertion (A): Civil Servants are engaged in the task of sovereign and regal task of the Government and as such they can be included with the definition of ‘Workman’ in an “industry’ as contemplated in Sec. 2(s) and Sec. 2(j) of the Industrial Disputes Act. Reason (R): Because Tamil Nadu, N.G.O Union vs. Registrar of Trade Unions

decided so. Codes: A. Both (A) and (К ) are true and (R) is the correct explanation of A. Both(A)and(R) are true but (К ) is NOT the correct explanation of A. B. C. (A)istrue but (К )is false D. Both (A) and (К) are incorrect.

32.

Trade Unionism to be fully effective demands: A. Union of trade B. Trade of union C. Democratic Spirit D. Soul-elevating and democratic spirits

33.

Registration A. B. C. D.

34.

Read both statements (A) and (К )and give the correct answer by using the codes below: Assertion (A): No Protection is available to the members of the trade union

ofthe Trade Union may be cancelled by the Registrar of Trade Union, when Leaders of the Trade Union are not working well Registration certificate has been obtained by fraud Members of the Union do not take interest in Union activities Employer does not want registered Union.

LABOUR = & INDUST RIAL a ЛС

LAWS

ooo

under Sec. 17 and 18 of the Trade Unions Act in respect of Gherao. Reason (R): In Rookes vs. Barnard the court held that unions were liable for the tort of intimidation. Codes:

A. B. C. D.

Both (A) and (R) are true and (R) is the correct explanation of A. Во (A) and (К) are true but (R) is NOT the correct explanation of A. (A)istrue but (R Jis false Both (A) and (R) are incorrect.

35!

In view of the economic policy of a country it might not now be proper to allow the employees to break the discipline. The Supreme court held so in: A. Management of Pandian Roadways Corporation Vs. labour Court B. Srinivasa Reddy Bs Karnataka Urban Water Supply and Drainage Board Employees Association C. Electronics Corporation of India Vs. Service Engineering Ltd., D. Нотбе роуа Education Trust Vs. State of Karnataka

36.

“А? s services provision: A. B. C.

D.

were terminated without complying with retrenchment compensation

Aisentitled to reinstatement without back wages Aisentitled to back wages Aisentitled to retrenchment compensation A isentitled to reinstatement and back wages as determined by the court.

Sih

Which of the following cases is not a designated authority for investigation and settlement of industrial dispute? Conciliation Officers B. Works Committee A. D. Dispute Tribunal C. | Labour Courts

38.

An employer is liable to pay compensation to his workman under the workmen’s Compensation Act, 1923: Injury caused Injury caused by the accident Injury caused in course of employment Injury caused by accident in course of employment and out of

ons

employment.

WS LABOUR & INDUSTRIAL LA

39.

40.

of “Ни reme Court recognized the theory Sup the e, cas ing low fol the of h hic Inw and Fire” in labour law? ation case The Steel Authority Workers Corpor A. case The Air India Authority Corporation B. Mohini Jain case C. The Gujarat Electricity Worker's case D. held that * Government employe Inwhich ofthe following cases, Supreme Court e or moral to resort to strike ar have no fundamental right, statutory or equitabl strike, even if there is injusti they cannot take the society at ransom by going on to some extent? Т. Chandra Vs. UOI A.

B. C. D. Al.

Rangarajan vs. Governement of Tamil Nadu and Ors. Raudher Kumar Vs. UOI Bhartkumar Vs. State of Kerala

Redress: SexualHarassment of Women at Workplace (Prevention, prohibition and Act, 2013 was enacted to ensure:

A. B.

safe working place , spaces for women; о build enabling work environments that respect Women right equality of status and of opportunity;

C. D.

Both Aand B Neither A nor B

42.

In Sexual Harassment of Women at Workplace (Prevention, prohibition a Redressal) Act, 2013 the *Aggrieved Woman" means and includes: (i) Woman works in permanent place (ii) Woman Visiting Working place (iii) Student Of these, following are correct. (i)alone. A. В. (1) and (i1) C. (2), (1) and (iii) D. (ш) and (iv)

43.

In Sexual Harassment of Women at Workplace (Prevention, prohibition г Redressal) Act, 2013 the term “ Employer “ defined and includes: (i) |Workplace of Government and local bodies

LABOUR & INDUSTRIAL LAWS

(ii) Private Workplace (ui) Dwelling Of these, following are correct. A. (1)alone. C. (1), (1) and (iii)

44.

B. D.

(1) and (i1) (ii) and (iv)

As per Vishaka Guidelines and also as per Sexual Harassment of Women at Workplace(Prevention, Prohibition and Redressal) Act, 2013 every Employer must constitute: A. Internal Complaint's Committee B.

| Local Complaints Committee

C.

Both A and B

D.

None ofthe above

45.

In which case Madras High Court has awarded INR. 1.68 Crores as damages for an employee for not constituting the Internal Complaints Committee from the employer as per Vishaka vs. State of Rajasthan Guidelines with respect to Prevention of Sexual Harassment at Workplace ? A. Ms. G Vs. Novasoft Technologies Ltd., B. The Steel Authority Workers Corporation case С. The Air India Authority Corporation case D. None of the above

46.

As per the Factories Act, 1948 “ Adolescent" means a person who has completed his 15 Year of age , but has not completed his 21“ year;-This statement is: [Incorrect B. Correct A. D. None of the above Partially correct C.

47.

What is the minimum space to be allotted to each worker as the Factories Act, 1948? 13.2 cubic meters B. 12.2 cubic meters’ A. 15.2 cubic meters D. 14.2 cubic meters C. ors of the In which case it was held that “ Only a member of the Board of Direct ate control of Company can be occupier of the factory of the company and Ultim owing factory cannot the company lies in the Board of Directors and Company the company as occupier nominate its employees or officers except Directors of of its factory’? [Factories Act, 1948]

48.

— ——

-o

STRIAL ABOUR &A INDU DPN DABOUR

LAWS

7 К Industries Ltd., Vs. Chief Inspector of Factories United India Insurance Company Itd., vs. Vasudevan U.P. Electricity Co. Ltd., vs. R.K Shukla Tualsidas khimaji vs. F. Jeejeebhoy

oov» 49.

What is the minimum appointment of Safety A. More than B. More than C. More than D. More than

number of workers required in factory for the mandatory Officer?- [Factories Act, 1948] 100 500 750 1000

50.

In which case, it was held that Employees working in the canteens in Industrial Establishments run by Managing Committee are not employees of the Managing Committee, but the employees of occupier?- [Factories Act, 1948] Kanpur Suraksha Karmachari union vs. Union of India, AIR 1988 SC A. U.P. Electricity Co. Ltd., vs. R.K Shukla B. C. Tualsidas khimaji vs. F. Jeejeebhoy D. None of the above

>t.

What is the maximum number of hours in a week that an adult worker is allowed to work for?- [Factories Act, 1948] A. 35 hours B. 40 hours C. 45 hours D. 48 hours

a2:

What is the maximum number of hours that a child can be employed for as per the Factories Act, 1948?

A. C.

3andhalf hours in any day 5 and half hours in any day

B. D.

4 and half hours in any day 6 and half hours in any day

What is the penalty payable by parents/ guardian for permitting double employment of a child as per Factories Act? ALC SRS3:500 B. Rs. 1000 C. Rs.2000 Ds б; 3000 54.

In which case, the Supreme Court held that ‘the restrictions imposed upon the freedom of contract by the fixation of minimum rate of wages, though they interfere to some extent with freedom of trade or business guarantee under Art. 19(1) (g) of

See

LABOUR & INDUSTRIAL LAWS

the Constitution, are not unreasonable and being imposed and in the interes t of

general public and with a view to carrying our one of the Directive Principles of the state policy as embodied in Art. 43 of the Constitution are protected by the terms of Art. 19’?-[Minimum Wages Act, 1948]?

A. B. C. D.

Bijoy Mills vs. State of Ajmer, AIR 1955 SC 33 Anand Bazar Patrika(P) Ltd., vs. Their workmen Amrish Jaram vs. Hazarat And Co. Kohinoor Saw Mills Co. vs. state of Madras

55.

Is payment of less than the minimum rates of wages notified by the ‘Appropriate Government’ is an offence as per Minimum Wages Act, 1948? А. XES B. No C. Partially an offence D. | None of the above

56.

Under Sec. 20 (1) of the Act, which of the following authorities may be appointed as “Appropriate Government” to hear and decide cases relating to the payment of wages?-[Payment of wages Act, 1936] A. Any Commissioner for Workmen's Compensation B. Anyofficer ofthe Central Government exercising functions as labour Commissioner for any region C. Any Officer of the State Government D. Allthe above

57.

In which case, it was held by the Supreme Court that ‘the accident may occur within or outside the territorial limits of the Company. However, there should be a nexus or casual connection between the accident and employment. The Place or time of the accident should not be totally unrelated to the employment’?[Employees State Insurance Act, 1948] A. Regional Director ESI vs. Francis De Costa, B. ACES Corporation vs. Workmen

58.

C.

M/s Orissa Textile and steel ltd., vs. State of Orissa and Ors.

D.

Excel Wear vs. Union of India

Whether statutory protection is provided to the amount of contribution to Provident Fund under Sec. 10 from attachment to any court decree? ?-[Employees Provident Funds and Miscellaneous Provisions Act, 1952]

LABOUR & INDUSTRIAL LAWS

AU C.

59.

B.

Yes Partially yes

D.

No

| None of the above

Which authority has been constituted by the Central Governments to preside over the cases regarding determination of monies due from employers?-[Employees Provident Funds and Miscellaneous Provisions Act, 1952]

A. B. C. D. 60.

Employees Employees Employees Employees

Provident Provident Provident Provident

Appellate Authority Consultancy Tribunal Helpdesk Information Centre

Fund Fund Fund Fund

Every Woman delivered of a child who returns to duty after such delivery shall, in addition to the interval for rest allowed to her, be allowed in the course of their

daily work two breaks of the prescribed duration for nursing the child until the child attains the age of fifteen months as per Maternity Benefit Act, 1961- This statement is A. Correct B. Incorrect C. Partially correct D. | None of the above жж

ж

LABOUR & INDUSTRIAL LAWS

ANSWERS - LABOUR LAW & INDUSTRIAL LAWS:

Bangalore Water Supply vs. Rajappa, AIR 1978 SC 548

wi aO оордо оор || w

Ж

Regional manager, SBI vs. Rakesh Kumar Tiwari, Appeal (civil) 7 of 2006 Talwara Co-Operative Credit & Services Pvt. Ltd., Vs. Sushil Kumar,

Civil Appeal No. 5951 of 2008 (Arising out of SLP 9 Civil) No. 336 of 2005).

Management of Willcox Buckwell (India) Ltd., vs. Jagannath, AIR 1974 SC 1166.

187

LABOUR & INDUSTRIAL LAWS

NPA) бо op SP кюе оо 5©ллә) Ms. G vs. Novasoft Technologies Ltd.,Madras Н.С. 9Crl.R.C. No.370

Lo Gol] Lo] Go] |S >ч Р TS | А

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2014 order dated 02.09.2014 Original petition No. 463 of 2012.

J.K Industries Ltd., vs. Chief Inspector of Factories 91997) ELLJ. 5c 722.

| 60.|

TRANSFER ОЕ РКОРЕКТҮ АСТ, 1882 1.

The Transfer of property Act, 1882 came into force on: A. l*July 1882 B. l*Apri 1882 C - "June [352 D. 10* July 1892

2.

Who is empowered to make laws with respect to ‘Transfer of property other than agricultural land' as per the Distribution of powers between Centre and the State? B. State Legislature Parliament of India A. D. BothAand B President C.

3.

The entry ‘Transfer of property other that agricultural land’ is in: B. State List Union List A. D. Neither of the above Concurrent List C.

4.

Transfer of property is not applicable to transfer by: B. Operation of law Act of the parties A. D. Neither A and B Both A and B C.

5.

6.

7.

is Standing timber or growing crop or grass is not immovable property:- This statement B. Incorrect Correct A. D. None ofthe above Partially correct C.

Isright to property is a fundamental right? B. Yes A. D. Partially yes C. Right to claim compensation is а: Notaproperty A. An immovable property C.

B. D.

No None of the above

Anactionable property Property within the definition of Sec. 6

TRANSFER OF PROPERTY ACT, 1882

the preamble of In which case, Supreme Court held that ‘As would appear from the act of the Transfer of property Act, the same is only applies to transfer by ing parties. A transfer by operation of law is not validated or invalidated by anyth contained in the Act. A transfer which takes place by operation of law, therefore, need not meet the requirement of the provisions of the Transfer of Property Act or the Indian Registration Act’? Bharat Petroleum Corporation Ltd., Vs. P Kesavan A. B. Balaji Vs. Gangamma C. Tika Sao Vs. Hari Lal Ananth Gopal Sheorey Vs. State of Bombay D. Choose the answer with the help of codes: Which of the following properties cannot be considered as immovable? Standing timber (b) (a) Growing tress (d) Grass (c) Growing crops Codes:

10.

A.

Only (а) апа (с) are correct

В. (b) and (a) are correct.

C.

(b)(c)and(d)arecorrect

Р. (d) only

Which of the transfer does require Attestation? A. Lease B. Sale С. "ORE D. None ofthe above ‘Transfer of property’ is defined in Sec. AA oath 2 Ci Sees

of Transfer of Property Act. B. Sec.4 D.qonseens

Which Section of the Transfer of Property Act provides that when a property is transferred, the transferee should not be restrained absolutely from alienating the property? A. See. 2 B. Sec.4 C. 00896.18 D. бес. 10

I

If the interest is made to accrue on the fulfillment of a condition, the condition is

said to be condition precedent:-This statement is A.

Correct

B.

Incorrect

C.

Slightly correct

D.

Completely incorrect

TRANSFER OF PROPERTY АСТ, 1882

14.

The kind of properties which cannot be transferred is provided under: А. бес.4 of Transfer Property Act B. бес.5 of Transfer Property Act C. Sec.6 of Transfer Property Act D. Sec.7 of Transfer Property Act

I5.

Choose the answer with the help of codes: Which of the following properties cannot be transferred? (a А mere right to sue. (b A right to future maintenance in whatsoever manner arising, secured or determined. (c) Stipends allowed to military, naval, naval force of the government. (d) Intellectual Property rights. Codes: A. Only (a) and (c) B. (b) and (a) D. (d) only C. (a) (b) and (c)

16.

A public office and salary of the public officer whether before or after it becomes payable can be transferred? A. Yesitcan be

E.

18.

19.

B.

No, it cannot be

C. D.

Yes, can be transferred on it becomes payable None of the above

In a fraudulent transfer a person transfers his/her property so that his/her creditors shall not have anything out of the property. [Incorrect B. Correct A. Completely incorrect D. Slightly correct C. The term *Sale" is defined in Transfer of Property Act under: Sec.54 B. See. 53 A D^! Seco Seeds C. ct as that in which the property *Ifthe instrument has been registered in the same Sub-distri on.-This statement is is situated it operates as notice from the date of registrati Incorrect B. Correct A. D. Completely incorrect Slightly correct C.

TRANSFER OF PROPERTY АСТ, 1882

20.

Can family A. B. C.

D. 21.

settlement can be made orally? Yes No Partially can be

Depends on the number of decision involved

Choose the answer with the help of codes: Following are the essentials of “Sale” as per Sec. 54 of the Transfer of Property of Act. (a) The seller must be competent to transfer (b) The buyer must be any person who is not disqualified to be transferee under Sec 6(h) (3). (c) The subject matter is transferable property and there must be money consideration. (d) There is no transfer of ownership. Codes: A. Only (а) and (c) are correct C. (a) (b) and (c) are correct

B. (b) and (a) are correct. D. (d) only

22.

Choose the answer with the help of codes: Following are the Essentials of the “Exchanges” as per Т.Р. Act. (a) The person making the exchange must be competent to contract. (b) There must be mutual consent. (c) There is a mutual transfer of ownership though things and interests may not be identical. (d) Neither party must have paid money only. Codes: A. (a)and(c) B. (6) and (a) C. (a)(b)and (c) D. (d)and (c)

23.

The term “Gift” is defined in Transfer of Property Act under: A. sec. 121 Br Бес? Сн See 3 ЮОг-—бев. 124

24.

Ifthe donee dies before acceptance of the gift, gift is Void.-This statement is A. Correct B. Incorrect C. Slightly correct D. Completely incorrect

TRANSFER OF PROPERTY ACT, 1882 RR R

25.

The term “Lease” is defined in Transfer of Property Act under: A. бес. 103 B. Sec.104 C.

26.

Sec.105

D.

Sec. 106

Which Section of the transfer of property Act deals with the various conti ngencies in which lease comes to an end? A.

Sec. 101

B.

бес.111

C

уохдес. 221

D.

Sec.131

27.

Choose the answer with the help of codes: Following are the illustrations of actionable claims: (a Money due under the Insurance Policy. (b) Provident Fund that is standing to the credit of a member of the Provident Fund | (c) Arrears of rent accrual constitute the ‘debt’ (d) A partners right to sue for accounts of dissolved partnership Codes: A. (a) and (с) B. (b) and (a). C. (а) (6) (c) and (d) D. (d) and (a)

28.

Which Section of the Т.Р. Act defines ‘Mortgage’? 5. 2566. 56 BY €. - See 5s Doi

29.

D$éG57 $Seci59

Choose the answer with the help of codes: What are the outstanding characteristics of mortgages? (a) The mortgagee's interest in the property mortgaged terminates upon the performance of the obligations secured by the mortgage. (b) The mortgagor has right of foreclosure upon the mortgagor's failure to perform. (c) The mortgagor has a right to redeem or regain the property on repayment of the debt or performance of the obligation. Themortgagor has no right of foreclosure upon the mortgagor's failure (d) to perform. B.(b) and (a). (a) (b) (c) and (d) А. Codes: D.(d) and (a) (a) (b) and (c) C

TRANSFER OF PROPERTY ACT, 1882

30.

Is mere right to sue can be transferred? Yes A.

B.

No

Partially can be

D.

None of the above

C. 31.

A conditional sale would become avoidable at the option of the trnasfaree: When the conditions of the sale are not fulfilled A. When the consideration is not paid B. When the property becomes unsaleable C. When the consideration is paid in part D.

32.

Choose the answer with the help of codes: The types of mortgages are: (a) Simple mortgage and English mortgage (b) Mortgage by conditional sale (c) Usufractuary mortgage. (d) Mortgage by deposit of title deeds or equitable mortgage Codes: A. Qus

(а) (6) (с) and (d) ЦӘ) (brand (c)

B. D.

(b) And (2). (d) and (a)

33.

In which of the following mortgage the ownership in the property is absolutely transferred to the creditor? A. Simple mortgage B. English mortgage C. Mortgage by conditional sale D. Usufractuary mortgage.

34.

Which of the following mortgage is called equitable mortgage in English law? A. Simple mortgage B. English mortgage C. Mortgage by conditional sale D. Mortgage by deposit of title deeds or equitable mortgage

35.

‘A’ mortgages property to B who grants a sub-mortgage to C. A in ignorance of the sub-mortgage, pays the mortgage debt to B. Is the fact that sub-mortgage 15 registered does amount to notice of sub-mortgage to A so as to vitiate his payment of mortgage debt?

TRANSFER OF PROPERTY ACT, 1882

36.

37.

38.

A. B.

Yes No

C. D.

Ican’t say Neither of the above answers have relevancy here

Limitation for redemption of mortagage is A. 10 years C. 20 years

B. D.

15 years 30 years

Which Section of the T.P. Act defines ‘Charge’? A. ~ Sec..98 В... C. Sec.100 D...

Sec.99 Sec.101

Rule against perpetuity is spelt out in: A. бес. 11 ofthe Transfer of Property B. Sec. I2 of the Transfer of Property C. Sec. 13 ofthe Transfer of Property D. Sec. 14 ofthe Transfer of Property

Act Act Act Act

39.

Floating charge becomes fixed or crystallizes when the company ceases to carry on business.-This statement is A. Correct B. [Incorrect C. Slightly correct D. Completely incorrect

40.

State acquires the private property under: A. Its Sovereign power B. Its power of eminent domain Its power conferred by the Provisions of the constitution C. D. None oft he above

4].

Doctrine of the ‘Lis-pendence’ Sec.42 A. C. T т56:62

42.

Doctrine of ‘Lis-Pendence’ states that ‘during the pendency of suit in a court of law, .-This statement is property which is subject to a litigation cannot be transferred" Incorrect B. Correct A. Completely incorrect D. Slightly correct C.

is incorporated in which Section of the Т.Р. Act? Sec.52 B. S66.72 Io

TRANSFER OF PROPERTY ACT, 1882

43.

Choose the answer with the help of codes:

A floating charge becomes fixed or crystallizes in the following cases: (a) When the money becomes payable under a condition in the debenture and the debenture holder,(i.e., the creditor)take some steps to enforce

the security; When the company ceases to carry on the business; When the company becomes wound up; When the company is successfully running.

(b) (c) (d) Codes: A. C. 44.

45.

(а) (b) (с) and (d) (a)(b)and (с)

B. D.

(Ы) and (2). (d) and (a)

Sale deed becomes effective from:

A.

Date of execution

B.

Date of registration

C.

Date mentioned in the sale deed

D.

АП the above

Agreement of sale of agricultural land in favour of non-agriculturist is in Karnataka. A. C.

Permitted Permitted subject to conditions

B. D.

Prohibited Шера!

46.

Christian’s can bequeath property for charitable purposes:-This statement is A. Correct B. Incorrect C. Partially correct D. None of the above

47.

Prohibition A. B. C. D.

48.

Can be Release deed is made for consideration? A. Yes B. C. Partially can be D.

49.

of tacking is stipulated in: Sec. 73 of the Transfer of Property Act бес. 83 of the Transfer of Property Act бес. 93 of the Transfer of Property Act бес. 103 of the Transfer of Property Act

Doctrine of separation is stipulated in: A. Sec. 91 of the Transfer of Property Act B. бес. 92 of the Transfer of Property Act

No

None of the above

е

50.

———

TRA—— NSF ER OF PRO ————— PER =— EO ETY ACT, AL 1882 682

______

C. Sec. 93 of the Transfer of Property Act D. Sec. 94 of the Transfer of Property Act Is Easement can be transferred? А. Yes B. No C. Partially can be D. | None ofthe above жж ж

ANSWERS- TRANSFER OF PROPERTY ACT, 1882

Bharat Petroleum Corporation Ltd., Vs. P Kesavan (2004)9 SCC 772, para 12.

197

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