MH SET 2013: 1 December, Paper II, Law
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DEC-60213/II 2
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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 carries
Two (2) marks. Attempt All questions.
1. The statutes The Protection of Civil 3. The founding fathers of the
Rights Act and ‘The Scheduled
Constitution borrowed the idea of
Castes and Scheduled Tribes
Judicial Review from :
(Prevention of Atrocities) Act are
based on mainly one of the Articles (A) The Constitution of France
of the Constitutional Law of India :
(B) The Constitution of Switzerland
(A) Art. 17
(C) The Constitution of Germany
(B) Art. 16
(D) The Constitution of United
(C) Art. 15
States of America
(D) Art. 14
2. The main object of Article 39 is : 4. The executive head of a State is :
(A) Creation of Democratic State (A) The Chief Secretary
(B) Creation of Welfare State
(B) The Chief Justice of High Court
(C) Creation of Humane conditions
(C) The Chief Minister
of work
(D) The Governor
(D) Creation of public assistance
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5. For proclamation of emergency the
7. When a writ is issued to an inferior
words ‘Armed Rebellion’ were
court or tribunal on the grounds of
substituted for ‘Internal
Disturbance’ by the following exceeding its jurisdiction or acting
Constitutional amendment :
contrary to the principles of natural
(A) Thirty ninth Amendment
justice it is called :
(B) Forty second Amendment
(A) A Writ of Certiorari
(C) Forty fourth Amendment
(D) Forty sixth Amendment (B) A Writ of Quo-warranto
6. Which one of the following cases is (C) A Writ of Habeas Corpus
called and famous as ‘Amending
(D) A Writ of Mandamus
power of the parliament case’ :
(A) Maneka Gandhi Vs Union of 8. Open prison system is an instance
India
of ..................... theory of punishment.
(B) Minerva Mills Ltd Vs Union of
(A) Retributive
India
(C) L.C. Golaknath Vs State of (B) Reformative
Punjab
(C) Expeative
(D) Indira Nehru Gandhi Vs Raj
Narain (D) Deterrent
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9. According to Prof. Patterson the 11. Doctrine of minimum content of
third stage of sociological morality was advocated by ................ .
jurisprudence is ..................... .
(A) Bentham
(A) Socio-legal research
(B) Grotius
(B) Sociology of law
(C) Hart
(C) Coming together natural law
(D) Kelsen
and social engineering
12. Rights are nothing but the interests
(D) Use of technology in law
which are to be recognised, protected
10. Common good principle in natural
and enforced by law. This
law theory has been propounded
by .......................... . proposition is espoused by ................. .
(A) Prof. Fuller (A) Feinberg
(B) Prof. Finnis (B) Savigny
(C) Prof. Murphy (C) Pound
(D) Prof. Locke
(D) Raz
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13. Ownership is a bundle of rights and 15. Who advocated the Theory of
constitute an intention to hold and Non-Recognition of States in
the control over the thing. This is
international law ?
reflected in ............................ .
(A) Henry L. Stimuson
(A) Salmond’s theory
(B) Senor Estrada
(B) Pound’s theory
(C) Ronald Regan
(C) Kohler’s theory
(D) George Bush
(D) Holland’s theory
14. Which article of the UN Charter 16. Which Secretary General of the UN
advocates the peaceful means of advocated the Millennium Goals of
settlement of disputes between the UN ?
states :
(A) Boutrous Boutrous Ghali
(A) Article 13
(B) Perez de collar
(B) Article 56
(C) Kofi Annan
(C) Article 58
(D) U Thant
(D) Article 2
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17. On which day in 1945 the United 20. Read Assertion (A) and Reason (R)
Nations was established ? and with the help of codes given
(A) October 24 below, point out the correct
(B) October 25 explanation :
(C) October 23 Assertion (A) : In Muta marriage
(D) October 28 period of cohabitation should be
fixed.
18. In which case the Permanent
Court of Justice discussed the Reason (R) : Where dower is fixed
significance of sources of but term of cohabitation is not fixed
international law ? Muta marriage will be treated as
(A) Suez canal case “permanent” marriage even if either
(B) Corfu channel case of the parties is non-Muslim.
(C) Lotus case Codes :
(D) AMCO V Republic of Indonesia (A) Both (A) and (R) are true and
19. In which year the Genocide (R) is correct explanation of (A)
Convention came into force ? (B) Both (A) and (R) are true but
(A) 1948 (R) is not correct explanation of
(B) 1950 (A)
(C) 1952 (C) (A) is correct but (R) is incorrect
(D) 1951 (D) (A) is incorrect but (R) is correct
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21. Who applied “Qiyas” for the first time 23. Which among the following Vedas–
the fountain-head of Hindu religion
as source of Muslim law ?
and law is the oldest one ?
(A) Imam Abu Hanifa (A) Sama Veda
(B) Yajur Veda
(B) Imam Yusuf
(C) Rig Veda
(C) Imam Ahmed
(D) Atharva Veda
(D) Imam Later 24. In ........................, the Apex Court
observed that “the progressive
22. According to the Shariat, if one of
outlook and the wider approach of
the parent is a Muslim, the child Islamic law cannot be permitted to
begotten should be treated be squeezed and narrowed by
unscrupulous litigants, apparently
as ...................... .
indulging sexual lust sought to be
quenched by illegal means, who
(A) a Muslim
apparently are found to be guilty of
(B) belonging to the religion of the commission of offence under the law
to which they belonged before their
father
alleged conversion”.
(C) belonging to the religion of the (A) Lily Thomas V. Union of India
mother (B) Vinita Saxena V. Pankaj Pandit
(D) belonging to the religion (C) Shobha Rani V. Madhukar
Reddy
mutually agreed by both mother
(D) Durga Prasanna Tripathy V.
and father
Arundhati Tripathy
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25. Read Assertion (A) and Reason (R)
26. Five tests were laid down in
and with the help of codes given
determining whether a given
below, point out the correct
explanation : conduct amounts to legal .................
Assertion (A) : The conditions for in Dastane V. Dastane.
a valid Hindu Marriage are specified
(A) Adultery
in section 5 wherein the
requirement of non-sagotra for such
(B) Desertion
a marriage is not laid down.
(C) Cruelty
Reason (R) : So even Sagotra
Marriages are now perfectly valid
(D) Infidelity
although a section of Hindus are
vehemently opposing. 27. What is the impact of ‘undue
Codes : influence’ on the enforceability of a
(A) Both (A) and (R) are true but contract ?
(R) is not correct explanation
(A) Void directly
of (A)
(B) Both (A) and (R) are true and (B) Void at the option of the party
(R) is correct explanation of (A)
(C) Void partially
(C) (A) is correct but (R) is incorrect
(D) (A) is incorrect but (R) is correct (D) No remedy available to parties
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28. Under what circumstances a court 30. In which of the following cases it was
may refuse to entertain a foreign held that a notice not to be treated
decree in the enforceability of as an invitation to offer ?
Contractual Agreements ? (A) Carlinn V Carbolic Smoke Bann
(A) Capacity of Parties (B) Fisher V. Bell
(B) Being a Foreign Judgement (C) Hadley V. Baxsendale
(D) Dunlop Pneumatic Tyre Co. Ltd.
(C) Against Public Policy
V. Selfridge Co. Ltd
(D) According to the Discretion of
31. The concept of adequate notice to the
the Court
offeree of the printed terms and
29. What section of Contract Act defines
conditions was advocated in which
consideration ?
case by the House of Lords ?
(A) Section 3 (A) Dublin V Henry
(B) Section 2(d) (B) Johnson V Johnson
(C) Section 10 (C) Henderson V Stevenson
(D) Section 15 (D) Parker V Parker
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34. According to ...........................
32. Which section authorizes the parties
“Negligence is culpable
to contract to claim compensation for carelessness”.
(A) Pollock
a breach of contract ?
(B) Halsbury
(A) Section 29 (C) Salmond
(D) Winfield
(B) Section 50
35. Read Assertion (A) and Reason (R)
(C) Section 73 and with the help of codes given
below, point out the correct
(D) Section 96 explanation :
Assertion (A) : No action lies for
33. An act done by a government mere damage caused by some act
which does not violate a legal right.
servant in exercise of statutory
Reason (R) : An action lies for
power is a defence ..................... . interference with another’s legal
private right even where it causes
(A) if the said act is a constitutional no actual damage.
Codes :
act
(A) Both (A) and (R) are true and
(B) if the said act is in exercise of (R) is the correct explanation of
(A)
sovereign function
(B) Both (A) and (R) are true and
(R) is not correct explanation of
(C) if the said act is in exercise of
(A)
non-sovereign function (C) (A) is true but (R) is false
(D) (A) is false but (R) is true
(D) both (A) and (C)
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36. Ashby V. White recognised the 38. Which one of the following is not an
principle of ubi jus ibi remedium by exception to the rule recognised by
Rylands V. Fletcher and some later
following the ........................... theory.
cases ?
(A) Salmond’s
(A) Plaintiff’s own default
(B) Flemming’s
(B) Consent of the plaintiff
(C) Heuston’s
(C) Non-natural use of land
(D) Winfield’s
(D) Act of God
37. Peninsular and Oriental Steam
39. Fraudulently has been defined as
Navigation Co. V. Secretary of State
doing anything with intent to
for India is a leading case on
defraud but not otherwise under
........................... .
section :
(A) Strict liability
(A) 23 of IPC
(B) Vicarious liability of the State (B) 23 of Indian Evidence Act
(C) Absolute liability (C) 25 of IPC
(D) Both (A) and (C) (D) 22 of Criminal Procedure Code
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40. Showing pornography to a women
42. Offence of ‘gang rape’ is provided
against her will amounts to offence
under :
of ........................... .
(A) Section 376 D of IPC
(A) Indecency
(B) Sexual harassment (B) Section 374 of IPC
(C) Corrupting morals (C) Not explicitly provided under
(D) Criminal force IPC
41. A, an office of a court of justice,
(D) Section 375 of IPC
being ordered by that court to arrest
Y and after due enquiry, believing 43. To constitute criminal conspiracy
Z to be Y arrests Z. A has committed what ingredient needs to
no offence by virtue of
prevail ?
........................... .
(A) Object of the act
(A) Section 26 of IPC
(B) Illegality of the act
(B) Section 25 of Indian Evidence
Act (C) Consequences of the act
(C) Section 52 of IPC
(D) Manner of execution of the
(D) Section 76 of IPC
act
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45. Where evil could have been averted
44. With respect to offence of Abetment
only by committing the offence, the
which of the following is a correct
wrongdoer is exempted from
criminal liability under the following
statement ?
general exceptions :
(A) the act abetted should be
(A) Compulsion by threat
committed (B) Trivial Acts
(C) Necessity
(B) effect requisite to constitute the
(D) Consent
offence should be caused
46. What is the object of the Trade
(C) instigation and conspiracy Unions Act ?
(A) To settle disputes
to commit the crime must be
(B) To confer social security on the
there
working class
(C) To regulate working conditions
(D) The abettor must physically
(D) To confer certain protections
assist commission of crime
and privileges
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47. Registration and recognition of 49. If a termination of service of a
workman falls under ‘any reason
trade union is compulsory under
whatsoever’ it would be
................... .
retrenchment except if the case falls
(A) The Trade Unions Act, 1926 within any of the exempted category
(B) The Societies Registration Act mentioned in the ID Act was held
in ........................... .
(C) Companies Act 1956 (as
(A) State of India V. N. Sunder-
amended in 2013)
mony
(D) MRTP and PULP Act
(B) K.P. Krishnan V. Bank of India
48. Under the Industrial Disputes Act
(C) Tatanagar Co. V. Their
who is under duty to promote Workman
measures for securing and (D) Wester India V. its workman
preserving amity and good relations 50. The Industrial Disputes Act, 1947
between employer and workmen : provides for voluntary Arbitration
under section ..................... .
(A) Registrar of Companies
(A) 10 (1)
(B) Works Committee
(B) 11 A
(C) Labour Court
(C) 10 A
(D) National Tribunal
(D) 9 A
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ROUGH WORK
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Source: Savitribai Phule Pune University. Question paper published by Savitribai Phule Pune University.