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2013 December UGC NET Solved Question Paper in Law Paper 3
1. Who among the following expressed the view that the Indian Constitution is Federal as much as it establishes what may be called a dual polity?
(A) Dr. B.R. Ambedkar
(B) Sir Ivor Jennings
(C) Prof. K.C. Wheare
(D) Sir B.N. Rau
2. In which of the following amendment the words 'Nothing in Article 13 shall apply to any amendment made under Article 368' were inserted?
(A) 22nd Amendment
(B) 24th Amendment
(C) 42nd Amendment
(D) 44th Amendment
3. The Supreme Court of India held in which of the following case 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) In Re-Cauvery Water Disputes Tribunal case
(C) In Re-Kerala Education Bill
(D) In Re-Special Courts Bill
4. In which one of the following case has the Supreme Court upheld the Constitutional validity of the Constitution (93rd Amendment) introducing Article 15(5)?
(A) TMA Pai Foundation Vs. State of Karnataka
(B) Indra Sawhney Vs. Union of India
(C) M. Nagaraj Vs. Union of India
(D) Ashok Kumar Thakur Vs. Union of India
5. Match List 'A' with List 'B' and select the correct answer using the codes given below:
List – 'A' List – 'B'
a. Independence of them Judiciary i. Administrative adjudication
b. Executive Legislation ii. Parliamentary form of Government
c. Quasi-Judicial function iii. Appointment of Judges
d. Collective responsibility iv. Ordinance
(B) iii iv i ii
(C) ii iv i iii
(D) iii i iv iiwww.netugc.com
6. Read Assertion (A) and Reason (R) and find correct answer using codes given below:
Assertion (A): The Council of Ministers is the hub of the Parliamentary form of Government.
Reason (R): The Government is formed from the majority party.
(A) Both (A) and (R) are true but (R) is not the correct explanation of (A).
(C) (A) is true, (R) is false.
7. The jurisdiction of the Supreme Court of India may be enlarged by
(A) The President of India
(B) The President of India in consultation with the Prime Minister and Chief Justice of India
(C) The Parliament by resolution
(D) The Parliament by law.
8. What are exceptions to the rule of natural justice? Answer using codes given below:
i. Exclusion by statutory provisions.
ii. Exclusion by Constitutional provision.
iii. Exclusion in case of legislative act.
iv. Exclusion in public interest.
(A) Only i is correct.
(B) Only i and ii are correct.
(C) Only i, ii and iii are correct.
(D) All of above are correct.
Assertion (A): In India the order passed in violation of the principles of natural justice is void.
Reason (R): In India there is void in the area of principles of justice by nature.
(A) (A) and (R) are true and (R) is correct explanation of (A).
(B) (A) and (R) are true, but (R) is not correct explanation of (A).
(C) (A) is true and (R) is false.
(D) (A) is false and (R) is true.
10. In which of the following conditions, the abuse of discretionary power is inferred?
i. Use for improper purpose
ii. Mala fide
iii. Relevant consideration
iv. Leaving out irrelevant consideration
Answer using codes given below:
11. Read Assertion (A) and Reason (R) and find correct answer using codes given below:
Assertion (A): Equality is antithetic to arbitrariness.
Reason (R): Article 14 of the Indian Constitution prevents arbitrary discretion being vested in the executive.
(A) Both (A) and (R) are true and (R) is correct explanation of (A).
(B) Both (A) and (R) are true, but (R) is not correct explanation of (A).
12. The 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 illegal.
13. Reading Assertion (A) and Reason (R), select correct answer using codes given below:
Assertion (A): Lokpal is the demand of time.
Reason (R): Lokpal is a time saving institution.
(A) Both (A) and (R) are true, and (R) is correct explanation of (A).
14. "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 Law is given by:
(A) Ivor Jenning
(B) Garner
(C) K.C. Davis
(D) Wade
15. In which of the following grounds, a writ of certiorari may be issued?
(A) Error of jurisdiction
(B) Error apparent on face of record
(C) Violation of natural justice
(D) All of the above
16. Who propounded the Doctrine of 'Moral Reasoning'?
(A) Kohler
(B) Pound
(C) H.L.A. Hart
(D) Kant
17. Which of the following avoid any dogmatic formulation and concentrate on the decisions given by law courts?
(A) Realist school
(B) Analytical school
(C) Philosophical school
(D) Sociological school
18. 'Jus civile', 'Jus gentium' and 'Jus naturale' are found in
(A) American Law
(B) Greek Law
(C) Roman Law
(D) French Law
19. Match the following:
a. Ancient theories i. Grotius,Hobbes & Locke
b. Modern theories ii. Thomas Acquinas
c. Renaissance theories iii. Stamler & Kohler
d. Medieval theories iv. Socrates, Aristotle and Plato
(D) iv iii i ii
20. "Law is without doubt a remedy for greater evil, yet it brings with it evils of its own." Who said it?
(A) Blackstone
(B) Friedman
(C) Salmond
(D) Hobbes
21. According to Salmond, every right involves a three fold relation.
I. It is a right against some person or persons.
II. It is a right to some act or omission of such person or persons.
III. It is a right over or to something to which that act or omission relates.
(A) I and II are false.
(B) I, II and III are true.
(C) II and III are false.
(D) Only I is true.
22. Assertion (A): Srutis and Smritis form the greatest treasure house of Hinduism.
Reason (R): Srutis and Smritis are considered immemorial, timeless and eternal.
Examine the above statement (A) and Reason (R) and select whether the reason is a correct explanation of the assertion, using the codes given below:
23. Personality is a very vague and wide term and it has a variety of meanings. It is derived from the word persona which is a
(A) Latin word
(B) French word
(C) German word
(D) Greek word
24. Fill in the blank with appropriate offence:
Extortion is _______, when it is committed under fear of instant hurt.
(A) Theft
(B) Attempt to murder
(C) Robbery
(D) Wrongful restraint
25. Fill in the blank with suitable statement:
Z dies in possession of gold ring, gold chain and a gold wrist watch during the course of an accident. A, before anyone entitled to such possession, dishonestly misappropriates the same causing ______.
(A) An aggravated form of misappropriation as per Section 404 of IPC.
(B) A type of possession by some process as per Section 405 of IPC.
(C) No offence because the property in question was entrusted to A before the death of Z.
(D) No offence because the property in question was possessed by some casualty.
26. Fill in the blank with correct proposition of law:
The malicious injury to property as per maxim Sic Utre tuo ut allenum non leadas (to use your own property so as not to injure your neighbour's property as provided in______.
(A) Damage of property as per Section 427 IPC.www.netugc.com
(B) Mischief as per Section 425 IPC.
(C) Mischief to cause wrongful restraint as per Section 440 IPC.
(D) Destruction of landmark as per Section 433 IPC.
27. Read Assertion I and Reason II and with the help of codes given below write the appropriate answer:
I. Assertion The distinctive feature between preparation and attempt must be based on.
II. Reason Preparation consists in devising means necessary for the commission of offence while attempt is the direct movement towords commission.
(A) Both I and II are true but II is not correct explanation of I.
(B) Both I and II are true while II is the correct explanation of I.
(C) I is true, but II is false.
(D) II is true, but I is only a stage of crime.
28. The accused caused bodily pain, disease or infirmity. But it is cognizable, bailable or compoundable. What offence, if any, has been committed by the accused?
(A) Voluntary causing grievous hurt as per Section 322 IPC.
(B) Voluntary causing serious hurt as per Section 325 IPC.
(C) Voluntary causing grievous hurt by dangerous weapon as per Section 324 IPC.
(D) Voluntary causing grievous hurt by dangerous weapon as per Section 326 IPC.
29. An individual's act of abridgement of another's right to movement could be an offence of:
(A) wrongful confinement as per Section 340 IPC.
(B) an act of abridgement of right to movement was done in good faith and hence no offence.
(C) the movement route being diverted so assault results.
(D) wrongful restraint as per Section 329 IPC.
30. Match the statement that mens rea is a loose term of elastic significance with that of the meaning in sequential order.
(a) Foresight of the consequences of the act.
(b) Criminal intention of deepest dye.
(c) An act which is visible.
(d) It depends upon knowledge and belief.
Matching probabilities:
(A) It is the bare capacity to know in the sequence of (a), (b), (c) and (d).
(B) It is essential ingredient of criminal offence in the sequence of (d), (c), (b) and (a).
(C) It is a presumption to fix criminal liability in the sequence of (c), (b), (a) and (d).
(D) Applicability of the principle becomes essential by the sequence of (b), (a), (d) and (c).
31. Read Assertion I and Reason II and with the help of codes given below point out the correct explanation.
I. Assertion Generally a master is not criminally liable merely because his servant has committed a negligent act.
II. Reason In ordinary course of employment a master may be criminally liable against the negligent acts of the servant.
(A) Both I and II are true, but II is not the correct explanation of I.
(B) I is true and II is the genuine reason of I.
(C) II is true, but I is not absolutely correct.
(D) II is false, but I is only an assertion.
32. On which date & place the Earth Summit was held at?
(A) 6th June 1997 at Geneva.
(B) 20th June 1997 at London.
(C) 21st June 1992 at Rio.
(D) 27th June 1992 at Rio.
33. "In case of violation of Article 21 by disturbing the environment, the court could award damages not only for the restoration of the ecological balance but also for the victim who have suffered due to that disturbance."
In which case the Supreme Court of India has made above observations?
(A) M.C. Mehta Vs. Union of India, AIR 1997 SC 734
(B) M.C. Mehta Vs. Kamal Nath, (1997) 1 SCC 388
(C) M.C. Mehta Vs. Kamal Nath AIR 2000 SC 1997
(D) M.C. Mehta Vs. Kamal Nath 2000 (2) SCALE 654
34. In which of the following case the constitutionality, legal validity, propriety and fairness of the settlement of the claims of the victims in a mass tort action relating to Bhopal Gas Leak Disaster has been challenged in Supreme Court of India?
(A) Union Carbide Corp. Vs. Union of India, AIR 1990 SC 273
(B) M.C. Mehta Vs. Union of India, AIR 1987 SC 1086
(C) Union Carbide Corp. Vs. Union of India, AIR 1992 SC 248
(D) Charanlal Sahu Vs. Union of India, AIR 1990 SC 1480
35. Under which Article of the Constitution Environment (Protection) Act, 1986 was enacted?
(A) Article 253
(B) Article 258
(C) Article 255
(D) Article 254
36. 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, AIR 1996 SC 1446
(B) A.P. Pollution Control Board Vs. M.V. Nayudu, AIR 1999 SC 812
(C) S. Jagannath Vs. Union of India, AIR 1997 SC 811
(D) M.C. Mehta Vs. Union of India, AIR 1988 SC 1115
37. Which one of the following cases relates to Sariska Tiger Park?
(A) Tarun Bharat Sangh Vs. Union of India, AIR 1992 SC 514
(B) Consumer Education and Research Society Vs. Union of India, AIR 2000 SC 975
(C) Pradeep Krishen Vs. Union of India, AIR 1997 SC 2040
(D) Animal and Environmental Legal Defence Fund case, AIR 1997 SC 1070
38. Which of the following case relates to transfer of Tribal lands by Government to Non-tribal people?
(A) Shri Manchegowda Vs. State of Karnataka, AIR 1984 SC 1151
(B) Samatha Vs. State of Andhra Pradesh, AIR 1997 SC 3297
(C) Suresh Lohiya Vs. State of Maharashtra, (1996) 10 SCC 397
(D) Fatesang Gimba Vasava Vs. State of Gujarat, AIR 1987 Guj. 09
39. Match List – I with List – II and select the correct answer:
List – I List - II
a. Suspension of Members i. Article 5
b. Veto power ii. Article 6
c. Appointment of Secretary-General iii. Article 27
d. Objective of the Trusteeship System iv. Article 76
v. Article 97
(B) i iii iv v
(C) i iii v iv
(D) iii ii v i
40. Which of the following Jurist regard the controversy "whether international law is a law, a dispute about words and not things"?
(A) Lawrence
(B) Austin
(C) Hobbes
(D) Hart
41. What should be the order of the use of material source of International law?
1. Treaties and Conventions.
2. Customs
3. General principles of law recognised by civilised States.
4. Judicial decisions and juristic opinion as subsidiary means for the determination of law.
(A) 4, 3, 2, 1
(B) 2, 3, 1, 4
(C) 4, 2, 1, 3
(D) 1, 2, 3, 4
42. Which of the Article of the Statute of International Court of Justice makes it clear that the decision of the court will have no binding force except between the parties and in respect of that particular case only?
(A) Article 60
(B) Article 59
(C) Article 68
(D) Article 38(1)
43. Which of the following functions are performed by Economic and Social Council?
1. It may make or initiate studies with respect to international economic, social, cultural, educational, health and related matters.
2. It may make recommendations for the purpose of promoting respect for and observance of human rights.
3. It may make recommendations to promote friendly relations and understanding amongst member States.
4. It may prepare draft conventions for submission to the General Assembly on any of the subjects falling within its competence.
Select the correct answer using the codes given below:
(B) 1, 3, 4
(C) 1, 2, 4
(D) 2, 3, 4
a. The Covenant on Civil and Political Rights i. 16th Dec. 1966
b. The Declaration on Human Rights ii. 1948
c. Convention on the Rights of Child iii. 1990
d. American Convention on Human Rights iv. 1969
(C) i ii iii iv
45. Assertion (A): International law is not a law.
Reason (R): It lacks determinate superior political authority to enforce its rules.
Using the codes given below give the correct answer.
46. The junior widow has adopted a child without the consent of senior widow. Decide the adoption.
(A) Valid
(B) Void
(C) Voidable
47. In which State, where a widow may adopt a child without an express authority from her husband, before the HA & M Act, 1956?
(A) Bihar and M.P.
(B) U.P. and Haryana
(C) Madras and Bombay
(D) Orissa and Andhra Pradesh
48. In ancient Hindu Marriage, which one is not approved form of Marriage?
(A) Brahma
(B) Davia
(C) Prajapatya
(D) Asura
49. Read Assertion (A) and Reason (R) and with the help of codes given below select the correct explanation.
Assertion (A): The Muslim Women (Protection of Divorce Rights) Act, 1986 brought changes like limit the period of maintenance to Muslim divorcee till 'iddat' period and in case of no relatives the liability on Wakf Boards.
Reason (R): The changes were brought under Muslim's pressure.
(C) (A) is correct, but (R) is false.
Assertion (A): The Dissolution of Muslim Marriages Act, 1939 brought different grounds for dissolution of marriage and based on Maliki schools.
Reason (R): The DMM Act, 1939 is brought on the opinion of Ulema (Ijma).
(A) (A) and (R) are true, (R) is correct explanation of (A).
51. A Muslim husband has failed to have 'sexual intercourse' continuously for four months with wife. It could be a form of divorce and is called
(A) Illa
(B) Mubarrah
(C) Zihar
(D) Khula
52. Match List – I with List – II and select correct answer from the codes:
a. Judicial separation i. Section 9
b. Divorce ii. Section 10
c. Voidable Marriages iii. Section 13
d. Restitution of Conjugal Rights iv. Section 12
a. Impotency of Husband i. Divorce
b. Marriage within Sapinda Relationship ii. Voidable Marriage
c. Pre-marriage Pregnancy iii. Nullity of Marriage
d. Option of Puberty iv. Void Marriage
(A) iv iii i ii
(B) iii iv ii i
(D) ii iv i iii
54. The Human Rights has been classified into three categories, viz
(a) The Human Rights of first generation
(b) The Human Rights of Second generation and
(c) The Human Rights of third generation, by
(A) Louis B. Sohan
(B) Theodoor C. Bowen
(C) R. Dworkin
(D) Bernard Mayo
55. "Everyone has the right to recognition everywhere as a person before the law". This has been stated in which of the following Article of Universal Declaration of Human Rights?
(A) Article 6
(B) Article 7
(C) Article 8
(D) Article 9
56. The United Nations High Commission for Refugees was established in which of the following year by the General Assembly?
57. "The most glaring instance of violation of Human Rights is the continuing poverty among masses in the country." Said by
(A) Justice A.S. Anand
(B) Justice N. Venkatachalaiah
(C) Justice P.N. Bhagwati
(D) Justice Koka Subba Rao
a. The Magna Carta i. 1628
b. The Petition of Rights ii. 1789
c. The English Bill of Rights iii. 1215
d. The U.N. Bill of Rights iv. 1689
(B) i iii iv ii
(D) iii i ii iv
59. Gurupadaswamy Committee 1979 was constituted to look into the working conditions of:
(A) Minorities
(B) Women
(C) Children
(D) N.G.Os.
60. Using codes, arrange following instruments according to sequence of their enactment starting from past towards present:
(i) The Convention on the Political Rights of Women.
(ii) The Declaration on the elimination of discrimination against women.
(iii) The Convention on consent to marriage, minimum age for marriage and registration of marriage.
(iv) The Convention on the nationality of married women.
(A) i iv iii ii
(D) ii i iv iii
61. Which one of the following statements is not correct?
(A) In tort, there is a breach of duty which is primarily fixed by law.
(B) In tort, there is a violation of a right in rem.
(C) In tort, the motive for breach of duty is immaterial.
(D) In tort, the damages are fixed according to the terms and conditions.
62. Assertion (A): A wooden chair while being used by a guest caused injury to him due to defective manufacture. The guest is entitled to claim damages from the maker.
Reason (R): Manufacturer owes a duty of care to the ultimate user.
Select the correct answer using the codes below:
63. In which of the following situations is slander actionable per se in India?
(A) An imputation that a certain female player is of unchaste character.
(B) An imputation that a certain person is a habitual smuggler.
(C) An imputation that a certain person is liar.
(D) An imputation that the wrestler is womanizer.
64. Match List – I with List – II and indicate the correct answer using the codes given below:
a. A patient is a consumer i. Vasantha P. Nair Vs. Smt. V.P. Nair
b. Doctor's duty to maintain secrecy ii. K. Rangaswami Vs. Jaya Vital & others
c. Free service iii. Indian Medical Association Vs. V.P. Shantha
d. Contract of personal service iv. Dr. Tokugha Vs. Apollo Hospital Enterprises Ltd.
(B) iv ii i iii
(C) i iv iii ii
(D) iii ii i iv
65. State in which of the following cases, it amounts to nuisance?
(A) Planting of trees on another's land.
(B) When branches of trees project on the land of their neighbour.
(C) Construction of a pond on the land of another.
66. In which of the following cases, the rule of absolute liability laid down by the Supreme Court of India was followed?
(A) Indian Council for Enviro- Legal Action Vs. Union of India, A.I.R. 1996 SC 1446
(B) Klaus Mittelbachert Vs. East India Hotels Ltd., A.I.R. 1997 Del.201
(C) Both (A) and (B) above.
(D) None of the above.
a. The Wagon Mound case i. Remote but proximate
b. Re Polemis and Furness Withy & Co. Ltd. ii. The test of reasonable foresight
c. Scott Vs. Shepherd iii. The test of directness
d. Fardon Vs. Harcourt Rivington iv. Reasonable foreseeability
68. Find right answer from following statements:
(A) Every partnership is based on mutual agency.
(B) Every agency is based on mutual partnership.
(C) Every agent is a partner.
(D) Every partner is a sleeping partner.
69. Which statements are correct, answer using codes given below:
i. Directors are trustees of company.
ii. Directors are mentors of company.
iii. Directors are agents of company.
iv. Director are agents of shareholders.
(A) i and ii are correct.
(B) i and iii are correct.
(C) i and iv are correct.
(D) ii and iv are correct.
70. Read Assertion (A) and Reason (R) and with help of codes given below, point out the correct explanation:
Assertion (A): The doctrine of indoor management seeks to protect the company against the outsider.
Reason (R): The company has right to privacy.
71. Match items in table A with items in table B, using codes given below:
Table A Table B
a. Essentials of partnership i. Section 41
b. Partnership at will ii. Section 4
c. Effect of non registration of firm iii. Section 7
d. Compulsory dissolution of firm iv. Section 69
(A) i ii iv iii
(C) iii iv i ii
72. Find correct answer, using codes given below:
(i) Bulk shall correspond with sample, is an implied condition.
(ii) Buyer shall have a reasonable opportunity of comparing bulk with sample, is an implied condition.
(iii) Goods should be free from any defect rendering them un-merchantable, is an implied condition.
(iv) There is an implied condition that the buyer shall have and enjoy possession of the goods.
(A) (i) only is correct.
(B) (i) and (ii) only are correct.
(C) (i), (ii) and (iii) only are correct.
(D) All of above are correct.www.netugc.com
73. Choose correct statement from following:
(A) Right against the goods can be exercised only by a paid seller.
(B) Right against the goods can be exercised only by an unpaid seller.
(C) Right against the goods can be exercised only by a paid buyer.
(D) Right against the goods can be exercised only by an unpaid buyer.
a. Prabhu Dayal Vs. Jwala Bank, ILR 1938 All. 634 i. Section 100
b. Discharge from liability by cancellation ii. Section 10
c. Payment in due course iii. Forgery of signature
d. Protest iv. Section 82
75. Find correct legal principle from following statements:
(A) While collecting a cheque for a banker, the customer is under an obligation to present it promptly so as to avoid any loss due to change of circumstances.
(B) While collecting a cheque for a customer, the banker is under an obligation to present it properly so as to avoid any loss due to change of circumstances.
(C) While collecting a cheque for a customer, the banker is under no obligation to present it properly so as to avoid any loss due to change of circumstances.
(D) While collecting a cheque for a banker, the customer is under no obligation to present it promptly so as to avoid any loss due to change of circumstances.