LAW
Paper – III
Note : This paper contains seventy five (75) objective type questions of two (2) marks each. All questions are compulsory.
1. ‘The constitution establishes a system of government which is almost quasi-federal ……. a unitary state with subsidiary federal features rather than a federal state with subsidiary unitary features.’ This is the opinion of :
(A) K.C. Wheare
(B) Jennings
(C) A.V. Dicey
(D) None of the above
2. Match List-I with List-II and select the correct answer using the codes given below :
3. The constitution of Election Commission is provided in the constitution under :
(A) Article-323
(B) Article-324
(C) Article-327
(D) Article-329
4. Match List-I with List-II and select the correct answer using the codes given below :
5. Incase there is any inconsistency between the laws made by parliament and the laws made by the state legislature, which one of the following shall prevail ?
(A) The law made by parliament only if it is passed before the law made by state legislature.
(B) The law made by parliament only if it is passed after the law made by state legislature.
(C) The law made by parliament whether it is passed before or after the law made by state legislature.
(D) The law made by state if it is passed after the law made by parliament.
6. Which of the following statements is true ?
(A) All self incriminatory statements are valid.
(B) All self-incriminatory statements are violative of article. 20(3).
(C) Self incriminatory statements furnished under compulsion are violative of article. 20(3).
(D) None of the above.
7. Assertion (A) : Under Article-368,the parliament can amend any part of the constitution of India.
Reason (R) : The parliament is supreme legislative body elected by people of India.
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) is true, but (R) is false.
(D) (A) is false, but (R) is true.
8. Match List-I with List-II and select the correct answer using the codes given below :
9. Lokpal or Lokayukta is competent to
(A) Discharge the functions of administrative officer.
(B) Investigate complaints involving grievances in respect of administrative actions.
(C) Conduct inquiry against administrative officer for disciplinary action.
(D) Give observations and recommendations in respect of administrative actions to the government.
10. Assertion (A) : Indian Constitution has not recognized the doctrine of separation of power in its absolute rigidity.
Reason (R) : Doctrine of separation of power 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) is true, but (R) is false.
(D) (R) is true, but (A) is false.
11. 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) K.C. Davis
(B) Jennings
(C) A.V. Dicey
(D) Wade
12. Which one of the following is not basic source of administrative law ?
(A) Custom
(B) Delegated legislation
(C) Ordinance promulgated by Governor
(D) Reports of the committees and commission
13. Doctrine of pleasure is related to
(A) Fundamental duties
(B) Fundamental rights
(C) Directive principles of state policy
(D) None of the above
14. Which of the following statements is true ?
(A) Mandamus lies against quasijudicial order.
(B) Mandamus is issued where inferior court declined jurisdiction.
(C) Mandamus may be issued, even if alternate remedy is available.
(D) Mandamus may be issued even no legal right of petitioner subsists.
15. The rule of ‘Audi alteram partem’ requires reasonable opportunity of hearing. Hearing may be
(A) only in writing
(B) only orally
(C) written or oral
(D) written and oral both
16. 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
17. Fiction theory is related to which one of the following concepts ?
(A) Ownership
(B) Justice
(C) Legal personality
(D) None of the above
18. “We must admit openly that precedent makes law as well as declare it …….. . Original precedents are the outcome of the international exercise by the courts of their privileges of developing the law at the same time that they administer it.” Who said it ?
(A) Salmond
(B) Redcliffe
(C) Lord Denning
(D) Starke
19. Prof. Holland distinguishes a legal right from :
(A) Moral and Natural rights
(B) External and Internal rights
(C) Might and Moral rights
(D) Sight and Moral rights
20. Match List-I with List-II and select the correct answer using the codes given below :
21. The ‘Bracket Theory’ contemplates :
(A) The members of the corporation are the only persons who have rights and duties.
(B) Law puts a bracket around the persons, by organising juristic personality.
(C) Only human beings can have personality.
(D) Group has a real will, read mind and real power of action.
22. Consider the following statements and give the correct answer by using the codes given below :
I. Equitable ownership always presupposes the existence of a legal ownership.
II. Where property is given by A to B for the benefit of C. B becomes the legal owner and C the equitable owner.
III. In many cases, equity recognises ownership whereas law does not recognise ownership owing to some flaw or defect.
IV. Contingent ownership is spes successions.
Codes :
(A) I, II and III are correct.
(B) II and III are correct.
(C) I and II are correct.
(D) II and IV are correct
23. Who defined possession as “to gain possession a man must stand in a certain physical relation to the object and to the rest of world and must have a certain intent” ?
(A) Holmes
(B) Salmond
(C) Pollock
(D) Savigny
24. Statement I : Person of inheritance is the owner of the right.
Statement II : Inheritance is a means to ownership.
Codes :
(A) Both Statement I and II are individually true statements and Statement II is the correct explanation of Statement I.
(B) Both Statements I and II are individually true but Statement II is not the correct explanation of Statement I.
(C) Statement I is true but Statement II is false.
(D) Statement I is false but statement II is true.
25. Malum Prohibitum means :
(A) Intrinsically wrong
(B) Course of law has made it otherwise
(C) Innocent but made punishable by statute.
(D) All of them.
26. Demolishing a private structure standing encroached on a public street amounts to :
(A) Gain by unlawful means.
(B) Wrongful gain for public purpose.
(C) Wrongful loss by mischief.
(D) None of above.
27. Assertion (A) : When an act is done dishonestly it does not require deception or concealment as its ingredient.
Reason (R) : Dishonesty requires an intention to cause wrongful loss or gain of property.
Codes :
(A) (A) is true, but (R) is not the reason.
(B) Both (A) and (R) are true because (R) is the right reason of (A).
(C) Both (A) and (R) are distinctive offences.
(D) (A) is false, while (R) is true.
28. Assertion (A) : Harbouring includes supplying a person with shelter, food, money or conveyance.
Reason (R) : The supply must relate to evading apprehension.
Codes :
(A) (A) is correct clarification but (R) is not the correct reason.
(B) (A) is not true while (R) is the correct explanation.
(C) Both (A) and (R) are correct proposition.
(D) Only in exceptional situation (R) is the reason of (A).
29. The real and abiding concern for the dignity of human life was decided in the case of :
(A) Rajendra Prasad v/s State of U.P.
(B) Mohindra Singh v/s Delhi Administration
(C) Javed Ahmed v/s State of Maharashtra.
(D) Bachan Singh v/s State of Punjab.
30. An unlawful assembly is a particular state of activity accompanied by the use of force or violence is riot, but it
does not include :
(A) There must be five or more persons
(B) There must be animation by a common object
(C) Persons assembled for lawful purpose but started quarrelling without any previous intention.
(D) All of them.
31. Which of the following statements are not false evidence in discharge of public justice ?
(A) A false statement given under instigation.
(B) A statement known to be false.
(C) A statement not believed to be true.
(D) None of above.
32. A ceremonial pollution is an act relating to unclean worship and is known as the offence of _____.
(A) Insult to religion
(B) Defilement
(C) Anti secularism
(D) Religious hatredness
33. One of the following case is popularly known as “Doon Valley case” :
(A) Pathumna v/s State of Kerala AIR 1978, 2 SCC.
(B) M.C. Metha v/s Union of India AIR 1987 SC.
(C) Unni Krishnan v/s State of A.P. AIR 1993, 1 SCC.
(D) R.L. & E. Kendra v/s State of UP AIR 1985 SC.
34. The polluter pays principle has been incorporated in
(A) Principle 15 of the Rio Declaration on Environment and Development
(B) Principle 27 of the Rio Declaration on Environment and Development
(C) Principle 8 of the Rio Declaration on Environment and Development
(D) Principle 16 of the Rio Declaration on Environment and Development
35. Protection and Improvement of environment and safeguarding forests and wild life is
(A) One of the Directive Principles of state policy
(B) A fundamental right
(C) Fundamental duty
(D) Both directive principles of state policy and fundamental duties
36. Two important Amendments were brought in the year 1976. One with reference to directive principles of state policy making the state responsible to protect and improve the environment and safeguard the forests and wild life of the country. The other under fundamental duties making every citizen to protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures.
The relevant amendment is
(A) 49th Amendment
(B) 45th Amendment
(C) 43rd Amendment
(D) 42nd Amendment
37. Section 19 of the Environment (Protection) Act 1986 enables a person to file a complaint in a criminal court after giving a notice to the Pollution 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 available under
(A) Section 49 of the Water Act 1974 and Section 43 of the Air Act 1981
(B) Section 43 of the Water Act 1974 and Section 49 of the Air Act 1981
(C) Section 42 of the Water Act 1974 and Section 46 of the Air Act 1981
(D) Section 41 of the Water Act 1974 and Section 42 of the Air Act 1981
38. The Supreme Court of India ordered conversion from fuel to CNG on July 28, 1998. It also set up a committee
to evaluate the cleanliness of various fuels on April 27, 2001. The name of the committee is
(A) Bhurelal Committee
(B) Santhanam Committee
(C) Mallimath Committee
(D) Madanlal Committee
39. “The public trust doctrine primarily rests on the principle that certain resources like air, sea, water and the forests have such a great importance to the people as a whole that it would be wholly injustified to make them a
subject of private ownership.”
The above Doctrine was discussed in detail in one of the following case :
(A) M.C. Metha v/s Kamalnath 1997 1 SCC.
(B) Rural litigation and Environment Kendra v/s Union of India AIR.1985 SC.
(C) Vellore Citizen’s welfare Forum v/s Union of India 1996, 5 SCC.
(D) M.C. Metha v/s Union of India AIR. 1987 SC.
40. “Form of rules accepted by civilized states as determining their conduct towards each other and each other’s subject, is defined as international law.”
Above statement is attributed to :
(A) S.S. Lotus case
(B) West Rand Central Gold Mining ltd. Co. v/s King
(C) Queen V. Keyn
(D) L. Oppenheim
41. Assertion (A) : International convention is the most important source of law.
Reason (R) : International convention has generic wisdom.
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) is true, but (R) is false.
(D) (A) is false, but (R) is true.
42. Which of the following statement is true ?
(A) The community to be recognized as an international person should be organised one.
(B) Control of the community over definite territory is desirable.
(C) The control over the territory may be permanent.
(D) The community must be independent.
43. Which of the following statement is correct ?
(A) Primary responsibility of international peacekeeping and security is on the General Assembly.
(B) The Security Council is a deliberative organ.
(C) Members may not accept and carry out the advice of the security council.
(D) Social and economic council is to discharge the responsibility of the states enshrined in Chapter- IX from Articles 55-60. This council operates under the authority and supervision of general assembly.
44. Match List-I with List-II and select the correct answer using the codes given below :
45. Which of the following statement is true ?
(A) Mere counting of heads is enough to assess the degree of authority and credibility of a resolution of General Assembly.
(B) Mere counting of heads is not enough to assess the degree of authority and credibility of a resolution of General Assembly.
(C) Mere counting of heads is enough to assess integrity of General Assembly.
(D) None of the above
46. Assertion (A) : Recognition of a state is not the same as recognition of its government.
Reason (R) : Within existing states, governments come and go and normally the changes raise no question of recognition.
Codes :
(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).
(B) Both (A) and (R) are correct but (R) is not the correct explanation of (A).
(C) (A) is true, but (R) is false.
(D) (A) is false, but (R) is true.
47. A Muslim wife may sue for divorce under the Dissolution of Muslim Marriage Act, 1939 if the husband has been insane for a period of :
(A) 1 year
(B) 2 years
(C) 3 years
(D) 5 years
48. Which of the following is not essential for divorce by mutual consent ?
(A) They have been living separately for one year.
(B) They have not been able to live together.
(C) The wife has not received any maintenance.
(D) They have mutually agreed that the marriage should be dissolved.
49. That the respondent was, at the time of the marriage, pregnant by some person other than the petitioner, is a ground for voidable marriages under
(A) Section-12(1)(a)
(B) Section-12(1)(b)
(C) Section-12(1)(c)
(D) Section-12(1)(d)
50. A petition for the dissolution of the marriage by a decree of divorce may be presented, if cohabitation as between the parties to the marriage, after the passing of a decree of judicial separation, is not resumed for a period of :
(A) One year or upwards
(B) Two years or upwards
(C) Six months or upwards
(D) None of the above
51. Match List-I with List-II and select the correct answer using the codes given below :
52. Where the marriage has not been consummated, Iddat has to be observed in case of :
(A) Death of husband
(B) Divorce
(C) Both death and divorce
(D) Neither death nor divorce
53. Match List-I with List-II and select the correct answer using the codes given below :
54. Under the Shia school, what is the cronical order of persons entitled to the ‘Hizanat’ of a minor child ?
a. Father b. Mother
c. Grandfather d. Grandmother
(A) b, a, c, d
(B) b, a, d, c
(C) c, b, a, d
(D) d, c, b, a
55. The solidarity rights, more commonly known as ‘Third Generation Human Rights’ is based on :
(A) Independent needs of people
(B) Concept of universalism
(C) Right to self-determination
(D) Common heritage of mankind
56. “Human rights have two main dimensions. One of them can be called negative freedom in the sense that it is less important, it is negative because such freedom is based on a bedrock of what cannot be done, rather than what can be done.” The above is from the thoughts of
(A) Kofi Annan
(B) P.N. Bhagwati
(C) Amartya Sen
(D) M.N. Venkatachaliah
57. Match List-I containing Human rights and List-II containing related Articles of Universal Declaration of Human Rights, using the codes given below :
58. Human rights are inscribed in the hearts of the people ; they were there long before law makers drafted their
first proclamation. This statement was made by :
(A) Kofi Annan
(B) Krishna Iyer, J.
(C) Mary Robinson
(D) None of the above
59. Human Rights Council has taken the place of :
(A) Human Right Committee
(B) International Human Rights Institute
(C) Centre for Human Rights
(D) Human Right Commission
60. Select the best answer using the codes given below :
The national Human Rights commission can :
1. itself take action and punish those who violate human rights.
2. recommend the government to take action.
3. initiate proceedings in the court.
4. join as a party to a case in the court involving violation of human rights.
Codes :
(A) 1 and 2 are correct.
(B) 2, 3 and 4 are correct.
(C) 1, 2 and 3 are correct.
(D) 3 and 4 are correct.
61. Some of the human rights are contained in the Indian Constitution under :
(A) Part III and Part IV-A
(B) Part III and Part IV
(C) Part IV and Part IV-A
(D) Part II and Part IV-A
62. Tort is defined as “an infringement of a right in rem of a private individual giving a right of compensation of the
suit of the injured party” by
(A) Salmond
(B) Franger
(C) Winfield
(D) Flemmings
63. Which of the following correctly represent the position under the law of torts ?
Select from the code given below : A person is responsible for
1. all the consequences of his wrongful act.
2. consequences which directly flow from his wrongful act.
3. consequences which are not too remote.
4. all the consequences which are reasonably foreseable.
Codes :
(A) 1 and 2 are correct.
(B) 1, 2 and 3 are correct.
(C) 2 and 3 are correct.
(D) 2, 3 and 4 are correct.
64. Which of the following is not necessary in tort of defamation ?
(A) The statement is defamatory.
(B) There is intention to refer to the plaintiff.
(C) The right thinking members in the society infer that the statement refers to plaintiff.
(D) The statement is made known to other members of society.
65. A film critic in his review of a film comments adversely on the cinematic values and quality of the film. The director of the film sues the film critic for defamation. Which of the following is correct, use the code given below :
1. The film critic is not liable as he can raise the defence of justification.
2. The critic is not liable because it was a fair and bonafide comment in public interest.
3. It was an expression of opinion and not assertion of facts.
4. It was a fair criticism of a film meant for public entertainment.
Codes :
(A) 1 and 4 are correct.
(B) 1 and 2 are correct.
(C) 2, 3 and 4 are correct.
(D) 1 and 3 are correct.
66. The ‘standard of care’ generally used in care of negligence is
(A) the care taken by an intelligent and prudent man.
(B) the skill and care taken by a qualified and competent person.
(C) the foresight of an adult person.
(D) the care and skill of a prudent and careful man belonging to defendant’s calling or business or skill.
67. Which one of the following is a good defence for the tort of private nuisance ?
(A) Plaintiff has come to the place of nuisance.
(B) Reasonable care was taken to prevent nuisance.
(C) The activity is for the public benefit.
(D) The activity is continuing for the past 20 years.
68. Who is a consumer under the Consumer Protect Act, 1986 ?
(A) A person who gives his pants for stitching to a tailor.
(B) A person who purchases goods for sale in his shop.
(C) A person who purchases a car for being used as a taxi in his taxi service.
(D) A person who avails of medical services free of cost.
69. Partnership is
(A) Trust
(B) Company
(C) Mutual agency
(D) Mutual fund
70. Assertion (A) : When something of valuable nature is acquired by a partner in breach of his duty in good faith, it is taken to be acquired for the benefit of all the partners and has to be accounted for to the firm.
Reason (R) : Partnership is a trust.
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) is true, but (R) is false.
(D) (A) is false, but (R) is true.
71. Arrange the following concepts in which sequence they appeared, using the codes given below :
(i) Damage
(ii) Breach of terms of agreement of partnership
(iii) Damaged
(iv) Agreement to share profits from business of firm
Codes :
(A) (i), (ii), (iv), (iii)
(B) (iv), (ii), (i), (iii)
(C) (ii), (iv), (i), (iii)
(D) (iii), (i), (ii), (iv)
72. Match items in List-I with items in List-II using the codes given below :
73. Which one of the following pairs does match ?
(A) Definition and essentials of sale – E. & S 5 : 02 PM Ruben Ltd. V/sFaire Bros. (1949)1 KB 254
(B) Formalities of sale – Drummond & Sons V/s Van Ingen, (1887) 12 App. Cases 284
(C) Conditions implied by trade and usage – Peter Darlington Partners Ltd. V/s Gosho Co. Ltd., (1964) 1 Lloyds Rep 149
(D) Sale by sample – Rowland V/s Divall (1923) 2 KB 500, CA.
74. Which one of the following statements is true ?
(A) The order contained in the bill of exchange may be conditional.
(B) A bill of exchange must contain a request to pay.
(C) Every bill of exchange is a promissory note.
(D) The payee must be certain.
75. Haward V/s Patent Ivory Manufacturing Co., (1888) 38 Ch.D. 156 is a case about
(A) Doctrine of ultra vires
(B) Doctrine of indoor management
(C) Doctrine of public notice
(D) Doctrine of social responsibility
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