MH SET 2011: 27 November, Paper II, Law
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Law
Paper II
Time Allowed : 75 Minutes] [Maximum Marks : 100
Note : This Paper contains Fifty (50) multiple choice questions. Each question
carrying Two (2) marks. All questions are compulsory.
1. Notion of Justice envisaged by the 3. Art.....................of the Indian
Preamble of the Indian Constitution
Constitution envisages separation of
connotes in order..................... .
judiciary from executive.
(A) Economic, Social, Political
(A) Art. 51
(B) Social, Political, Economic
(B) Art. 49
(C) Political, Social, Economic
(C) Art. 50
(D) Social, Economic, Political
2. Section 4 of the 42nd Constitutional (D) Art. 48
Amendment Act, 1976 was declared 4. Clause (4-B) in Art. 16 was added
invalid by the Indian Supreme
in the Indian Constitution
Court in :
by...................... .
(A) Bhimsingh v. Union of India
(A) 77th Amendment
(B) Union Territory of Goa v.
Laxmibai (B) 80th Amendment
(C) Indira Gandhi v. Rajnarayan (C) 85th Amendment
(D) Minerva Mills Ltd. v. UOI (D) 81st Amendment
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5. Proclamation issued by the 7. Doctrine of Res-Judicata is an
President of India under Art. 352 exception to the writ of................. .
to impose an emergency is to be laid
(A) Mandamus
before each House of the Parliament
(B) Quo-Warranto
within a period of.................... .
(C) Certiorari
(A) One month
(D) Habeas Corpus
(B) Six months
8. Art. 245(2) of the Indian Constitution
(C) Three months
provides for..................... .
(D) One year
(A) extra territorial operation of law
6. Power of the Parliament under Art.
368 is a constituent power and is (B) territorial limitation of law
not subject to the Constitutional (C) limitation on law making power
scheme as to distribution of
(D) scope of law making power
legislative power according to
9. Member of either House of
entries in the VII schedule. It was
Parliament shall not be disqualified
held so by the Indian Supreme
Court in..................... . on the ground of................... .
(A) Indira Gandhi v. Raj Narain (A) if he holds office of profit
(B) Keshvananda Bharati v. Kerala (B) he is of unsound mind
(C) Kihota Hollohan v. Zachillu (C) he is undischarged insolvent
(D) Sasanka v. UOI (D) he is indulged in bigamy
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10. Recommendation made by the Chief 12. Principle of Lex-divina was
Justice of India without complying enunciated by ST. Acquinas, meant
as...................... .
with the norms and requirements of
(A) Law of Jungle
the consultation process were not
(B) Law of God
binding on the Government. It was
held so by the Indian Supreme (C) Positive law of God
Court in..................... . (D) Law of nature
13. Positive natural law, according to
(A) S.P. Gupta v. UOI
Duguit is nothing but.................. .
(B) UOI v. Sankalachand
(A) Law of State Legislature
(C) In re Presidential Reference
(B) Law of King
(D) Supreme Court Advocates’ on (C) Law of People
Record Association v. UOI
(D) Decision delivered by the
11. Wambaugh’s test is the test to be tribunal
applied to determine the nature 14. Social interest is a device to balance
of.................... . competing and conflicting interests.
It was stated by..................... .
(A) Ratio
(A) Prof. Pound
(B) Obiter
(B) Prof. Selznick
(C) Law (C) Prof. David Hume
(D) Delegated Legislation (D) Prof. Patterson
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17. Ownership is an unlimited right to
15. A. K. Gopalan’s v. State of Madras
use, possess or transfer. This
was considered as....................... .
statement was propounded
by................... .
(A) instance of social engineering
(A) Austin
(B) Victory of natural law
(B) Savigny
(C) high watermark of positivism (C) Holmes
(D) instance of grund norm (D) Salmond
18. Will theory of right is advocated
16. Rights in a wider sense
by...................... .
connote....................... . (A) Bentham
(A) rights co-related to duties (B) Prof. Hart
(C) Joseph Raz
(B) rights which are not co-related
(D) Prof. Pound
to duties
19. Rule of Recognition is a rule meant
(C) rights which are to be enforced for/to.................... .
(A) creation of rules
against state
(B) determine validity of rules
(D) rights enforceable against
(C) revocation of rules
individual
(D) legal system’s aspect
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20. ..............................is not the source of
23. When a state possesses all the
law.
essentials of statehood and is
(A) Custom
capable of being a member of the
(B) Precedent
(C) Legislation International Community, then the
(D) Scriptures recognition given is :
21. Who is the father of International
(A) de facto
Law ?
(A) Kelson (B) de novo
(B) Jeremy Bentham
(C) de minimis
(C) Hugo Grotius
(D) Aristotle (D) de jure
22. According to ‘Monoism’..................... .
24. The following is the direct source of
(A) Law is a single unity of
International Law :
composed legal rules binding
upon States and Individuals
(A) Bilateral Treaty
(B) International Law is supreme
(B) Non-treaty Contracts
(C) Municipal Law is superior to
International Law (C) Municipal Law
(D) International Law is not a law
(D) Law Making Treaty
at all
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25. Which of the following is the correct 27. Pleading retrospective Talaq in the
statement relating to “subjects of
written statement as a counter to
International Law” ?
the wife’s maintenance petition was
(A) Only states are subjects
not accepted as valid and
(B) Individuals alone are subjects
enforceable in which of the following
(C) There is no place for individuals
cases :
(D) States are main subjects but
(A) Daniel Latif v. Union of India
individuals, International
Organizations and certain non- (2001) 7 Sec. 740
entities are also subjects
(B) Mohammad Ahmed Khan v.
26. A second marriage of a married Shah Bano Begum, AIR 1985
Hindu man contracted after his
Sec. 945
conversion to Muslim faith is :
(C) Shamim Ara v. State of Uttar
(A) Valid
Pradesh, 2002 Cr. L.J. (Sec.)
(B) Void
(D) Fazlanbi v. Khadir Vali, (1980)
(C) Voidable
4 Sec. 125
(D) Irregular
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28. Marriage of a fifteen year old girl 30. A husband cannot claim
with a sixty year old man maintenance from his wife under :
solemnized without her consent but (A) Hindu Marriage Act, 1955
with the consent of her parents (B) Indian Christian Marriage Act,
under Hindu Marriage Act, 1955, 1872
is : (C) Parsi Marriage and Divorce Act,
(A) Perfectly valid 1936
(D) The Special Marriage Act, 1954
(B) Totally void
31. The term consensus ad idem means :
(C) Voidable at the option of the girl
(A) Formation of the contract
(D) Voidable at the option of the
(B) Reaching of agreement
man
(C) Meeting of minds
29. What is the minimum age difference
(D) General consensus
that must be adhered to if a person
32. When a person signifies his assent
adopts a child of opposite sex under
to a proposal made to him to refrain
the Hindu Adoptions and
from doing something, the resultant
Maintenance Act, 1956 :
transaction is known as :
(A) 10 years (A) Promise
(B) 15 years (B) Agreement
(C) 18 years (C) Contract
(D) 21 years (D) Understanding
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33. A consideration is : 35. The big corporations like LIC supply
ready forms of contract with all
(A) a reason behind making a
conditions printed; the offree has
proposal either to take all or let go. Such
(B) a condition of the fulfilment of contracts are known as.................. .
the other’s promise (A) Company contracts
(B) Corporation contracts
(C) doing or abstaining from doing
(C) Government contracts
something at the desire of
(D) Standard form contracts
promiser
36. An association undertakes to supply
(D) rewards for something which
competent servants and exercises
one has done for another ordinary care and skill in such
servant’s selection. If these servants
34. Which one of the following is not the
fail to exercise due care and skill.
legal requirement of a valid offer ?
(A) the association would be
(A) It must be communicated to the responsible generally
offeree (B) the association would be
responsible only when the
(B) It must express offeror’s final
servant is accused of a grave
willingness
negligence
(C) It must be made to a specific (C) the association would be
person and not to public at responsible only if the hirer
suffers loss due to such
large
servant’s negligence
(D) It must be made with a view to (D) the association would not be
obtain offeree’s assent responsible
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37. The maxim “In jure non remota 38. A journalist gets published a
causa sed proxima spectator” defamatory statement against a
means : person ‘X’ in a newspaper. X sues him
for damages.
(A) law will permit no damages to
be recovered except such as are (A) the journalist is not liable as he
the direct consequences of the merely gave the piece to the
tort editor of the newspaper for
publishing it, and the editor had
(B) an action for malicious
the discretion on whether to
prosecution
publish it or not.
(C) liability of the head of a
(B) the newspapers are entitled to
department for the neglect or
special rights and privileges
torts of officials in the
department (C) the journalist is not liable as he
genuinely believed the
(D) a public officer’s guilt of
statement to be true
misfeasance in the exercise of
the powers entrusted to him by (D) the journalist is liable as he has
law and in discharge of his a greater liability to guard
duty against untruths
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39. When is the master responsible for 40. Contributory Negligence
means....................... .
the wrongful acts of his servants ?
(A) negligence is not avoiding the
(A) Where the act is done by the
consequences arising from the
servant in his personal capacity negligence of some other person
but during the course of his when means and opportunity
are afforded to do so
employment
(B) a breach of duty as between the
(B) Where the act is done by the
plaintiff and the negligent
servant in his personal capacity, defendant
but is within the knowledge of (C) an intentional wrong by the
the master defendant and the plaintiff
(D) a husband suing for damages
(C) Where the act is in the scope
caused to him by reason of
of servant’s employment and in
injuries negligently inflicted on
executing the matter for which his wife
he was engaged at that time 41. Nothing an offence which is done by
accident or misfortune provided :
(D) Where the act is done by the
(A) it is will of God
servant in his personal capacity
(B) without any criminal intention
and is brought to the knowledge
(C) done with common consensus
of the master, after it is
(D) with valid justification
executed
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42. Ignorance of fact is......................., 45. ‘De minimis non curat lex’ is covered
whereas ignorance of law is.............. .
under :
(A) punishable, not punishable
(A) Section 85 IPC, Triffles
(B) not excusable, excusable
(B) Section 90 IPC, Triffles
(C) excusable, not excusable
(C) Section 95 IPC, Triffles
(D) offence, not an offence
(D) Section 59 IPC, Triffles
43. Common intention is defined
46. The definition of Industry under
under :
Sec. 2(J) of the ID Act does not
(A) Section 34 of Cr. P.C.
include activities that are in the
(B) Section 43 of IPC
nature of..................... .
(C) Section 34 of IPC
(A) Agricultural and domestic work
(D) Section 54 of IPC
(B) Trade, business and
44. Consent under misconception is :
undertaking
(A) not an offence
(C) Scientific research and training
(B) a good defence
institution
(C) not a defence
(D) Khadi or village industries
(D) an offence
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47. Every Individual dispute can 49. Workman is a person hired to do
become an Industrial dispute
skilled or unskilled work but does
provided that :
not include :
(A) the individual involved in the
dispute should be the member (A) Clerk
of the trade union
(B) Apprentice
(B) the individual concern should
be a permanent employee with (C) Managerial work
5 years service
(D) Supervisory work
(C) the individual victim should be
dismissed 50. The machinery for settlement of
(D) the victim individual should industrial dispute, that can not only
have been refused bonus
promote settlement but inquire into
48. A dispute is an ‘industrial dispute’
them and can also give award is :
only when it arises in any activity
which is an ‘industry’ as defined in (A) Tribunals
Sec. 2(J) of the Industrial Dispute
Act. This was held in the case : (B) Board of Conciliation after
(A) D.N. Banerji v. P.R. Mukherjee arriving at settlement
(B) Shridharan v. Delhi Cloth Mills
(C) Works Committee on arriving
(C) Sunder Money v. State Bank of
at agreement
India
(D) Ramakant Mishra v. State of (D) Conciliation officer authorised
U.P. to give award
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ROUGH WORK
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ROUGH WORK
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Source: Savitribai Phule Pune University. Question paper published by Savitribai Phule Pune University.