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MH SET 2021: 26 September, Paper II, Law

  • Date: 26 September 2021
  • Paper code: SEP60221
  • Series: A
  • Language: Bilingual
  • 24 pages
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Test Booklet Code & Serial No.
                                                                                                                      A
                                                                           LAW
Signature and Name of Invigilator                                                         Seat No.
1. (Signature) .........................................                                                    (In figures as in Admit Card)
      (Name) ................................................                     Seat No. ..............................................................
2. (Signature) .........................................                                               (In words)

      (Name) ................................................                 OMR Sheet No.

SEP - 60221                                                                                                 (To be filled by the Candidate)
Time Allowed : 2 Hours]                                                                                 [Maximum Marks : 200
Number of Pages in this Booklet : 24                                                     Number of Questions in this Booklet : 100
                      Instructions for the Candidates
1.         Write your Seat No. and OMR Sheet No. in the space provided              1.
           on the top of this page.
2.         This paper consists of 100 objective type questions. Each question
           will carry two marks. All questions of Paper II will be compulsory.      2.
3.         At the commencement of examination, the question booklet
           will be given to the student. In the first 5 minutes, you are            3.
           requested to open the booklet and compulsorily examine it as
           follows :
           (i)      To have access to the Question Booklet, tear off the
                    paper seal on the edge of this cover page. Do not accept                (i)
                    a booklet without sticker-seal or open booklet.
           (ii)     Tally the number of pages and number of questions in
                    the booklet with the information printed on the cover                   (ii)
                    page. Faulty booklets due to missing pages/questions
                    or questions repeated or not in serial order or any
                    other discrepancy should not be accepted and correct
                    booklet should be obtained from the invigilator within
                    the period of 5 minutes. Afterwards, neither the Question
                    Booklet will be replaced nor any extra time will be
                    given. The same may please be noted.
           (iii)    After this verification is over, the OMR Sheet Number
                                                                                            (iii)
                    should be entered on this Test Booklet.
4.         Each question has four alternative responses marked (A), (B),
           (C) and (D). You have to darken the circle as indicated below on         4.                      (A), (B), (C)   (D)
           the correct response against each item.
           Example : where (C) is the correct response.

                              A        B                 D                                            (C)
5.         Your responses to the items are to be indicated in the OMR                                       A        B              D
           Sheet given inside the Booklet only. If you mark at any place
           other than in the circle in the OMR Sheet, it will not be evaluated.     5.
6.         Read instructions given inside carefully.
7.         Rough Work is to be done at the end of this booklet.                     6.
8.         If you write your Name, Seat Number, Phone Number or put                 7.
           any mark on any part of the OMR Sheet, except for the space
                                                                                    8.
           allotted for the relevant entries, which may disclose your
           identity, or use abusive language or employ any other unfair
           means, you will render yourself liable to disqualification.
9.         You have to return original OMR Sheet to the invigilator at the
           end of the examination compulsorily and must not carry it with           9.
           you outside the Examination Hall. You are, however, allowed
           to carry the Test Booklet and duplicate copy of OMR Sheet on
           conclusion of examination.
                                                                                    10.
10.        Use only Blue/Black Ball point pen.
                                                                                    11.
11.        Use of any calculator or log table, etc., is prohibited.
12.        There is no negative marking for incorrect answers.                      12.
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SEP - 60221/II—A




2
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SEP - 60221/II—A
                                              Law
                                          Paper II
Time Allowed : 120 Minutes]                          [Maximum Marks : 200
Note : This Paper contains Hundred (100) multiple choice questions. Each question
       carrying Two (2) marks. Attempt All questions.

1.   According to ................., natural law       4.   According to ..................., law may be
     is the set of principles of practical                  defined as the body of principles
     reasonableness in ordering human                       recognised and applied by the state
     life and human community.                              in the administration of justice.
     (A) Lon Fuller
                                                            (A) Salmond
     (B) John Finnis
                                                            (B) Savigny
     (C) H.L.A. Hart
                                                            (C) Dias
     (D) John Rawls
                                                            (D) Dicey
2.   The concept of Austin’s sovereignty
                                                       5.   The Jural correlative of ‘Right’ is :
     is influenced by :
                                                            (A) Power
     (A) St. Thomas Aquinas
                                                            (B) Privilege
     (B) Hobbes
                                                            (C) No right
     (C) Locke
                                                            (D) Duty
     (D) Rousseau

3.   Who said, “the substantive right is               6.   According to ................., there are no

     one thing, and having a right is to                    standards of justice that are globally

     claim it is another” ?                                 significant.

     (A) Hart                                               (A) Thomas Hobbes

     (B) Gerber                                             (B) John Rawls

     (C) MacCormik                                          (C) Thomas Nagel

     (D) Raz                                                (D) Julius Stone

                                                   3                                           [P.T.O.
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SEP - 60221/II—A

7.   Fiction theory is related to which           11. The term ‘procedure established by
     one of the following concepts ?                  law’ under Article 21 of the
                                                      Constitution of India is borrowed
     (A) Legal Personality
                                                      from :
     (B) Ownership
                                                      (A) French Constitution
     (C) Right
                                                      (B) Canadian Constitution
     (D) Justice
                                                      (C) Japanese Constitution
8.   Ownership of a right is called :                 (D) Weimer Constitution of Germany
     (A) Corporeal ownership                      12. Article 75(1A) inserted by the 91st
     (B) Incorporeal ownership                        Amendment Act, 2003 laid down :

     (C) Beneficial ownership                         (A) The salaries and allowances of
                                                             the Ministers
     (D) Contingent ownership
                                                      (B) The total number of Ministers
9.   To which of the following concepts,
                                                             including the Prime Minister, in
     the Hart-Fuller debate relates to :                     the Council of Minister shall not
     (A) Personality                                         exceed Fifteen Percent

     (B) Right                                        (C) Tenure of the Minister

     (C) Morality                                     (D) Council of Ministers to advice
                                                          the President
     (D) Justice
                                                  13. A commission was constituted in
10. In Roscoe Pound’s scheme of
                                                      1983 to examine and review the
     interests ‘Public Interest’ involves :
                                                      working of existing arrangements
     (A) Interests of the state as a                  between the centre and the states
         juristic person                              is :

     (B) Interests of the state as                    (A) Kalelkar Committee
         guardian of social interests                 (B) Santhanam Committee
     (C) Both (A) and (B)                             (C) Sarkaria Commission

     (D) None of the above                            (D) Mandal Commission

                                              4
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14. The procedure relating to the             16. Assertion I : Art. 370 of the
                                                  Constitution of India empowers the
    removal of a judge of the Supreme
                                                  President to declare by public
    Court is regulated by :                       notification that the provisions of
                                                  Art. 370 shall cease to be operative
    (A) The Judges (Inquiry) Act, 1968            or shall be operate only with such
                                                  exception and modifications and
    (B) Commissions of Inquiry Act,
                                                  from such date as he may specify.
        1952
                                                  Assertion II : The President cannot
    (C) Supreme Court Rules                       issue such a notification without the
                                                  recommendation of the Constituent
    (D) Prevention of Corruption Act,             Assembly of the state.
        1988                                      (A) Both the Assertions are true
                                                  (B) Assertion I is true but Assertion
15. The President’s rule imposed in May
                                                       II is false
    1987 in Punjab was allowed to
                                                  (C) Assertion I is false but Assertion
    continue for five years under :                    II is true
                                                  (D) Both the Assertions are false
    (A) 44th Constitutional Amendment
                                              17. What is the jurisdiction of Election
        Act, 1978
                                                  Commission of India over elections ?
    (B) 25th Constitutional Amendment             (A) Parliament and state legislature

        Act, 1971                                 (B) Parliament, state legislature
                                                       and local bodies
    (C) 68th Constitutional Amendment
                                                  (C) Parliament, state legislature,
        Act, 1991                                      office of the President and Vice
                                                       President
    (D) 93rd Constitutional Amendment
                                                  (D) Parliament and office of the
        Act, 2005
                                                       President
                                          5                                     [P.T.O.
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18. As per ...................., Administrative       21. International law is not true law but
     law is the law concerning the powers                 positive international morality only
     and procedures of administrative                     analogous to the rules binding a
     agencies, including especially the                   club or society is said by :
     law governing judicial review of                     (A) Salmond
     administrative action.                               (B) Bentham
     (A) Sir Ivor Jenning                                 (C) Austin
     (B) Kenneth Culp Davis                               (D) Holland
     (C) Griffith and Street                          22. Which set of the following is the
     (D) A.V. Dicey                                       correct sequence of sources of
                                                          International law listed under
19. Principles of natural justice are                     Article 38 of the statute of
    applicable to administrative                          International Court of Justice ?
    proceedings was held by supreme
                                                          (A) International          custom,
    court in .................... case.
                                                              International conventions,
     (A) Indira Nehru Gandhi Vs. Raj                          Judicial decisions, General
         Narain                                               principles of law recognised by
     (B) A.K. Kraipak Vs. Union of India                      civilised nations

     (C) Mahavir Singh Vs. State of                       (B) International conventions,
         Rajasthan                                            Judicial decisions, General
                                                              principles of law recognised by
     (D) Gullapali Nageshwar Rao Vs.                          civilised nations, International
         A.P. State Road Transport                            custom
         Corporation
                                                          (C) Judicial decisions, International
20. Which of the following is not an                          custom,          International
    instance of non-application of                            conventions, General principles
    mind in review of administrative                          of law recognised by civilised
    discretion ?                                              nations
     (A) Acting Mechanically                              (D) International conventions,
     (B) Acting under Dictation                               International custom, General
                                                              principles of law recognised by
     (C) Imposing Fetters on              the                 civilised nations, Judicial
         Exercise of Discretion                               decisions and teachings of the
     (D) Malafide Exercise of Power                           most highly qualified publicists
                                                  6
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23. According to which theory it is the               26. What is the term of non-permanent
    act of recognition alone which                        members of the Security Council ?

    constitutes statehood ?                               (A) 5 years
                                                          (B) 1 year
    (A) Declaratory theory
                                                          (C) 2 years
    (B) Constitutive theory
                                                          (D) 3 years
    (C) Naturalist theory
                                                      27. The reference of a dispute to certain
    (D) Positivist theory                                 persons freely chosen by the parties,
24. Child’s nationality is based upon                     who make an award is known
                                                          as ................ .
    parents nationality. This principle is
                                                          (A) Negotiation
    known as .................. .
                                                          (B) Arbitration
    (A) Jus soli
                                                          (C) Conciliation
    (B) Jus sanguinis
                                                          (D) Mediation
    (C) Jus rem
                                                      28. The procedure of WTO dispute
    (D) Jus personam                                      settlement is known as ................ .

25. An accused is extradited for a                        (A) WTO arbitration

    particular crime and the country                      (B) WTO conciliation
    which gets back the criminal is                       (C) Dispute settlement under-
    entitled to prosecute that person only                      standing

    for the crime for which he was                        (D) WTO General Council
    extradited. This is known as ............ .       29. International Humanitarian Law is
                                                          a part of :
    (A) Rule of speciality
                                                          (A) Public International Law
    (B) Rule of double criminality
                                                          (B) Private International Law
    (C) Rule of rendition
                                                          (C) Both (A) and (B)
    (D) Rule of prosecutor                                (D) Domestic Law

                                                  7                                         [P.T.O.
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30. The Third Geneva Convention 1949            32. Which of the following explains the
    is concerned with :                             correct distinction between section
                                                    34 and section 149 of IPC ?
    (A) Prisoners of war
                                                    (A) The common object must be one
    (B) Refugees
                                                        specified in section 141 whereas
    (C) Aliens                                          under section 34 the common
    (D) Offenders                                       intention may be any intention

31. Read Assertion (A) and Reason (R)               (B) Section 34 requires some act,
    and with the help of codes given                    however small to be done,
                                                        whereas under section 149 more
    below point out the correct
                                                        membership of the assembly is
    explanation.
                                                        sufficient
    Assertion (A) : In theft the
                                                    (C) Section 34 enunciates a mere
    property is taken out of the
                                                        principle of liability, but creates
    possession of another person and the                no offence, while section 149
    offence is complete as soon as the                  creates a specific offence
    property is moved.
                                                    (D) All of the above
    Reason (R) : In criminal                    33. In which case the supreme court
    misappropriation there is no                    held that Section 377 IPC will
    invasion of another’s possession. The           continue to govern non-consensual
    property often comes innocently or              sexual acts against adults, all acts
    casualty into possession.                       of carnal intercourse against minors
    Codes :                                         and acts of beastiality.
                                                    (A) Naz Foundation Vs. Government
    (A) Both (A) and (R) are individually
                                                        of NCT of Delhi and others
        true and (R) is the correct
        explanation of (A)                          (B) National Legal Services
                                                        Authority Vs. U.O.I. and others
    (B) Both (A) and (R) are individually
                                                    (C) Navtej Singh Johar and others
        true and (R) is not the correct
                                                        Vs. U.O.I.
        explanation of (A)
                                                    (D) Suresh Kumar Kaushal and
    (C) (A) is true but (R) is false
                                                        Another Vs. Naz Foundation
    (D) (A) is false but (R) is true                    and others

                                            8
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34. Which of the following is a valid          36. Criminal breach of trust is an offence
    defence within the purview of
                                                    which signifies :
    Section 84 of IPC ?
                                                    (A) Entrustment
    (A) Uncontrollable impulse
    (B) Irresistible impulse                        (B) Dominion

    (C) Impulsive insanity                          (C) Both (A) and (B)
    (D) Insanity caused an act                      (D) Mischief
35. Match List I with List II and select
                                               37. ‘A’ without any excuse fires a loaded
    the correct answer from the codes
                                                    cannon into a crowd of persons and
    given below it :
                                                    kills one of them. ‘A’ has committed :
                     List I
    (a) Common Object                               (A) Culpable homicide

    (b) Common Intention                            (B) Murder

    (c) Instigation                                 (C) Attempt to murder
    (d) Dishonest Intention                         (D) Causing death by negligent act
                 List II
                                               38. A person who causes one thing to
    (1) Abetment
                                                    resemble another thing, intending by
    (2) Theft
                                                    means of that resemblance to
    (3) Joint Liability
                                                    practice deception, or knowing it to
    (4) Constructive Liability
                                                    be likely that deception will thereby
    Codes :
                                                    practised is known as .............. .
         (a)   (b)     (c)    (d)
                                                    (A) Forgery
    (A) (1)    (2)     (3)    (4)
                                                    (B) Counterfeit
    (B) (4)    (3)     (1)    (2)
    (C) (3)    (4)     (2)    (1)                   (C) Cheating

    (D) (2)    (3)     (4)    (1)                   (D) Mischief

                                           9                                         [P.T.O.
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39. The object of ............. of punishment        42. Joint tort feasers means :
     is to make incapacitation of criminal               (A) A single person acting in
     and denies him ability and an
                                                               furtherance of his own will
     opportunity to commit further crime.
                                                               commit multiple damages
     (A) Preventive theory
                                                         (B) Two or more persons acting in
     (B) Deterrent theory                                      furtherance of common design
     (C) Reformative theory                                    cause a single damage
     (D) Retributive theory                              (C) Two or more persons acting in
40. Section ..................... of Cr.P.C.                   furtherance of common design,
     empowered the court to award                              at a different time cause
     compensation for loss or injury                           different damages
     suffered by a person even in cases
                                                         (D) A single person acting in
     where fine does not form a part of
                                                               furtherance of his will, commit
     sentence.
                                                               tort leads to damages at
     (A) 357                                                   different time and different
     (B) 357(1)                                                jurisdiction

     (C) 357(2)                                      43. The term ‘novos actus interveniens’
     (D) 357(3)                                          implies ................. .

41. Who has propounded the ‘pigeon                       (A) Direct damages
     hole’ theory ?                                      (B) Damages aries from vicarious
     (A) Pollock                                               liability

     (B) Salmond                                         (C) Remoteness or aloofness of
     (C) Winfield                                              damages

     (D) Austin                                          (D) A damage that can be foreseen

                                                10
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44. Consider the following statements as          46. With respect to the suit for damages
    true or false :                                   for malicious prosecution, consider
    (I)   A circus company keeps wild                 the following statements :
          animals and trained them. One
          of them escapes and causes                  (a) That the plaintiff was prosecuted
          injury to a spectator, company                    by the defendant
          is not liable.
                                                      (b) The prosecution was instituted
    (II) A person who brings and keeps                      without any reasonable and
         any dangerous things, keeps it
                                                            probable cause
         at his risk, if it escapes
         damages, he is liable.                       (c)   The defendant acted maliciously
    (A) Both statements (I) and (II) are                    and not with the mere intention
        false                                               of carrying the law into effect
    (B) Statement (I) is false but (II) is
                                                      (d) Plaintiff suffered damage as a
        true
                                                            result of the prosecution
    (C) Both statements (I) and (II) are
        true                                          Choose the correct option :
    (D) Statement (I) is true and (II) is             (A) (a), (b) and (c) correct
        false
                                                      (B) All (a), (b), (c) and (d) correct
45. Two motorists driving negligently
    and coming from the opposite                      (C) Only (b) and (d) correct
    direction collide and a pedestrian is             (D) Only (a) and (d) correct
    crushed between their vehicles. The
    motorists are ................. .             47. The maxim, “Qui facit per alium
                                                      facit per se” describes which of the
    (A) Not liable for their act, as
        accident is unintentional                     following :
        phenomenon                                    (A) Strict liability
    (B) Independent tort feasors
                                                      (B) Absolute liability
    (C) Joint tort feasors
                                                      (C) Vicarious liability
    (D) Vicariously liable for the act
        committed by other                            (D) Contractual liability

                                             11                                      [P.T.O.
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48. Assertion (A) : For an ‘Act of God’             50. With respect to the Consumer
                                                       Protection Act, 1986, match the
     to be an exception, there is to be
                                                       following pairs.
     working of the natural forces so
                                                                       List I
     unexpected that no human force or
                                                       (a) Jurisdiction of District Forum
     skill could reasonably to anticipate
                                                       (b) Jurisdiction                to      State
     it.
                                                           Commission
     Reason (R) : It is not an absolute                (c) Jurisdiction           of        National
     exception can be overlooked.                          Commission

     Which one of the following is the                 (d) Power to set aside ex parte
                                                           orders
     correct option ?
                                                                    List II
     (A) (A) is correct, but (R) is wrong
                                                       (1) Section 11
     (B) (R) is correct, but (A) is wrong
                                                       (2) Section 21
     (C) Both (A) and (R) are correct                  (3) Section 22A

     (D) Both (A) and (R) are wrong                    (4) Section 22C

49. The rule of absolute liability was first           (5) Section 17

     laid down by :                                    Select the correct option :

                                                           (a)   (b)     (c)     (d)
     (A) Lord Atkin in 1933
                                                       (A) (1)   (4)     (2)     (3)
     (B) Winfield in 1735
                                                       (B) (1)   (4)     (2)     (5)
     (C) Justice Blackburn in 1868
                                                       (C) (4)   (5)     (2)     (1)
     (D) Chief Justice Holt in 1868                    (D) (5)   (4)     (3)     (2)

                                               12
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51. Read Assertion (A) and Reason (R)            53. Which of the following are the
                                                     examples of ‘standard form of
    and with the help of codes given                 contracts’ under the Contract Act,
    below, point out the correct                     1872 ?
    explanation.                                      (A) Insurance policies for life, fire
                                                          and marine
    Assertion (A) : An offer is the                   (B) Tickets of railways for
    expression of the offerer to do or                    passengers and carriage of
                                                          goods
    abstain from doing something.
                                                      (C) Bill of lading
    Reason (R) : It should be made with              (D) All of the above
    a view to obtaining the assent of the        54. The contract of indemnity under
                                                     English Law covers liability arises
    offeree to the proposed act or                   by the Act of :
    abstinence.                                      (A) Promisor himself
    Codes :                                          (B) Third party
                                                     (C) Vis major or Act of God
    (A) Both (A) and (R) are true and
                                                     (D) All of the above
        (R) is good explanation of (A)
                                                 55. ‘Future Goods’ as defined in the Sale
    (B) Both (A) and (R) are true and                of Goods Act, 1930 means :
        (R) is not good explanation                  (A) Goods to be manufactured on
                                                         produced after making of the
        of (A)                                           contract of sale
    (C) (A) is true but (R) is false                 (B) Goods to be acquired by the
                                                         seller after making of the
    (D) (A) is false but (R) is true                     contract of sale
                                                     (C) Both (A) and (B)
52. Voidable agreement signifies :
                                                     (D) Either (A) or (B)
    (A) an agreement enforceable                 56. ‘Goodwill’ of a partnership firm
                                                     business is the property of the
    (B) an agreement enforceable at                  partnership under section ................
        the option of the acceptor whose             of Partnership Act, 1932.
        consent is not free                           (A) 14
                                                      (B) 15
    (C) not enforceable
                                                      (C) 16
    (D) Both (A) and (B)                              (D) 17
                                            13                                         [P.T.O.
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57. Which of the following is not               60. Which of the following company is
    Negotiable Instrument         under             required to constitute a corporate
    Section 13 of NI Act, 1881 ?                    social responsibility committee ?

    (A) Promissory Note                             (A) Every company having net
                                                        worth of Rs. 500 crores or more
    (B) Cheque
                                                    (B) Every company having net
    (C) Bank draft                                      worth of Rs. 5 crores or more
    (D) Bill of Exchange                            (C) Every company having net
58. Which document is the evidence                      worth of Rs. 100 crores or more
    that all the requirements of                    (D) Every company having net
    Companies Act have been complied                     worth of Rs. 1000 crores or more
    with in respect of registration ?           61. Read Assertion (A) and Reason (R)
    (A) Memorandum of Association                   and with the help of codes given
    (B) Articles of Association                     below, point out the correct answer.

    (C) Certificate of incorporation                Assertion (A) : The marriage
                                                    between a minor Hindu male of
    (D) Certificate of commencement of
                                                    19 years and a minor Hindu female
        business
                                                    of 16 years is valid.
59. In every listed company how many                Reason (R) : Though the child
    directors shall be independent                  marriage is restrained by law, the
    directors ?                                     doctrine of ‘factum valet’ validates
    (A) at least 2/3rd of the total                 such marriage.
        number of directors                         Codes :
    (B) at least 1/3rd of the total                 (A) Both (A) and (R) are correct and
        number of directors                             (R) is the reason of (A)
    (C) at least 1/2 of the total number            (B) Both (A) and (R) are correct but
        of directors                                    (R) is not the reason of (A)

    (D) at least 3/4th of the total                 (C) (A) is incorrect and (R) is correct
        number of directors                         (D) Both (A) and (R) are incorrect
                                           14
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62. Match the following and select the          64. Under the Special Marriage Act, the
    correct answer using the codes given            High Court is endowed with power
    below it :                                      to make rules regulating the
                                                    procedure under this, the Act does
                    List I
                                                    not envisage to make the rules for
    (a) Chhanda                                     the following :
    (b) Virmitrodaya                                (A) Awarding of damages against
    (c) Halhed’s Code                                   any correspondents

    (d) Vivad Ratnakar                              (B) The forms and contents of
                                                        petitions for nullity of marriage
                 List II                                or for divorce
    (1) Mitra Misra                                 (C) The impleading by the
    (2) A treatise on adoption                          petitioner of the adulterer as a
                                                        co-respondent on a petition for
    (3) Mithila School
                                                        divorce
    (4) Vedanga
                                                    (D) For laying down penalty for
    Codes :                                             offences against marriage
        (a)   (b)     (c)    (d)                65. The marriages of all the persons who
    (A) (1)   (2)     (3)    (4)                    are citizens of India belonging to
                                                    various religions should be made
    (B) (4)   (1)     (2)    (3)
                                                    compulsorily registrable in their
    (C) (1)   (3)     (4)    (2)                    respective states where the marriage
    (D) (4)   (2)     (3)    (1)                    is solemnized. This was held by the
                                                    Supreme Court in the following
63. The rules relating to Sapinda
                                                    case :
    Relationship are based on the
                                                    (A) Gita Hariharan Vs. Reserve
    principle of :
                                                        Bank of India
    (A) Endogamy
                                                    (B) Seema Vs. Ashwani Kumar
    (B) Exogamy
                                                    (C) John Vallamathom Vs. Union of
    (C) Polygamy                                        India
    (D) Monogamy                                    (D) Srivastava Vs. Srivastava

                                           15                                    [P.T.O.
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66. Which one of the Acts made it                 69. Which of the following is not a
    mandatory to prove adultery on the                instance of irregular marriage under
    part of the husband in addition to                Muslim Law ?
    other matrimonial offences like
                                                      (A) A marriage without witnesses
    cruelty, desertion, conversion or
    bigamy ?                                          (B) A marriage with a relationship
                                                          by affinity
     (A) Special Marriage Act, 1954
                                                      (C) A marriage with fifth wife
     (B) Indian Divorce Act, 1869
                                                      (D) A marriage with a woman
     (C) Dissolution of Muslim Marriage
                                                          undergoing Iddat
         Act, 1939
     (D) Parsi Marriage and Divorce Act,          70. Option of Puberty under Muslim
         1936                                         Law means :

67. In which of the following cases the               (A) A girl who was married by a
    Supreme Court held that a Hindu                       guardian during her minority,
    husband after conversion to Islam                     has a right to repudiate her
    cannot marry again till his pre                       marriage on attaining puberty
    conversion marriage is dissolved ?                (B) A girl who was married by a
     (A) Lily Thomas Vs. Union of India                   guardian during her minority,
     (B) S. Nagalingam Vs. Sivagami                       has no right to repudiate her
                                                          marriage on attaining puberty
     (C) Naveen Kohli Vs. Neelu Kohli
                                                      (C) A girl who was married by a
     (D) Seema Vs. Ashwani Patel
                                                          guardian during her minority,
68. The Supreme Court has described
                                                          has right to repudiate her
    the concept of live-in-relationship in
                                                          marriage on attaining puberty
    the case :
                                                          only with the permission of
     (A) Indra Sarma Vs. V.K.V. Sarma                     court
     (B) Payal Sharma Vs. State of                    (D) A girl who was married by a
         Maharashtra                                      guardian during her minority,
     (C) Lily Thomas and Ors Vs. Union                    has right to repudiate her
         of India and Ors                                 marriage on attaining puberty
     (D) Danial Latifi and Anr Vs. Union                  only with the consent of
         of India                                         husband

                                             16
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71. According to Section 2(a) of                   74. In which year public hearing was
    Environment (Protection) Act, 1986                 made a part of Environmental
    the term ‘environment’ includes :                  Impact Assessment in India ?
     (A) Water, air and land only                       (A) 2006
     (B) Living creatures, plants and                   (B) 2003
         micro-organisms only
                                                        (C) 1997
     (C) Water, air and land and the
         interrelationship which exists                 (D) 2010
         among and between water, air,             75. How many full time judicial
         land, human beings, living                    members shall be there in National
         creatures, plants, micro-
                                                       Green Tribunal ?
         organisms and property
                                                        (A) Not less than 5 but maximum 10
     (D) Human beings, plants and
         animals only                                   (B) Not less than 10 but maximum 20
72. Who was the chairperson of the                      (C) Not less than 3 but maximum 5
    World Commission on Environment                     (D) Not less than 15 but maximum 20
    and Development ?
                                                   76. In the 19th century, human rights
     (A) Christiana Langer
                                                       became a central concern over the
     (B) Gro Harlem Brundtland                         issue of ................. .
     (C) Jane Goodall
                                                        (A) Slavery
     (D) Rachel Carson
                                                        (B) Poverty
73. In which case the Hon’ble Supreme
    Court declared that allowing free                   (C) Torture
    trade in fireworks or explosives is a               (D) Disability
    serious invasion of freedoms and
                                                   77. Who proposed to the UN General
    rights conferred on citizens by
                                                       Assembly in 2001. The drafting of
    part III of the Constitution of India ?
                                                       the first ever convention of the rights
     (A) Anirudh Kumar Vs. MCD
                                                       of the people with disabilities ?
         (2015)
                                                        (A) Vicente Fox
     (B) M.C. Mehta Vs. UOI (1996)
     (C) Arjun Gopal Vs. UOI (2017)                     (B) Roosevelt

     (D) State of Rajasthan            Vs.              (C) Kofi Annan
         G. Chawla (1959)                               (D) Henry Dunant
                                              17                                      [P.T.O.
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78. “All human beings are born free and                 81. Which one of the following areas has
    equal in dignity and rights. They are                   not been provided under proviso
    endowed          with          reasons   and            clause of Art 27(2) of the TRIPS
    conscience and should act towards                       regarding     patentable      subject
    one another in a spirit of brother-                     matter ?
    hood.” This is contained in Article                     (A) Members may exclude from
    1 of the ................. .                                 patentability         inventions
    (A) Bill of Rights                                           commercial exploitation of
    (B) Universal           Declaration       of                 which is necessary to protect
          Human Rights                                           ordre public

    (C) US Constitution                                     (B) Members may exclude from
                                                                 patentability         inventions
    (D) International Covenant on
                                                                 preventing      within      their
          Civil and Political Rights
                                                                 territory of the commercial
79. In which of the following cases did
                                                                 exploitation     of   which     is
    the Supreme Court place reliance on
                                                                 necessary to protect morality
    the CEDAW ?
                                                                 or    serious    prejudice     to
    (A) Vineet Narain Case                                       environment
    (B) D. K. Basu Case                                     (C) Members may exclude from
    (C) Vishakha Case                                            patentability         inventions
    (D) Sunil Batra Case                                         preventing      within      their
                                                                 territory which contravene the
80. Who was the first chairman of
                                                                 provision of their constitution or
    the     National        Human        Rights
                                                                 basic law of the land
    Commission ?
                                                            (D) Members may exclude from
    (A) Justice A.S. Anand
                                                                 patentability inventions within
    (B) Justice Ranganath Mishra
                                                                 their territory of the commercial
    (C) Justice A.M. Ahmadi                                      exploitation to protect human,
    (D) Justice Shivaraj Patil                                   animal or plant life or health

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82. Match the pair :                            83. Which one of the following treaty
                   I                                deals with the rights of performers
    (a) The personhood theory                       (actors, singers, musicians, etc)
    (b) The natural rights theory                   producers of phonograms (persons or
    (c) The utilitarian theory                      legal entities that take the initiative
    (d) The ethic and reward theory
                                                    and have the responsibility for the
                   II
                                                    fixation of sounds) particularly in
    (1) The creation comes from the
        effort and creativity of its                the digital environment ?
        author, therefore an author has             (A) UNCITRAL
        a natural right over the
        production of their intellectual            (B) WPPT
        labour
                                                    (C) PTC
    (2) The industrial progress and
        cultural goods have a beneficial            (D) WCT
        effect on society. Thus, IPR
        rights are incentive to the             84. The “Lay Observer Test” has been
        creator because of the profit               evolved in which of the following
        they bring for the whole society            case pertaining to the Copyright
    (3) The ethics requires a fair and              Act ?
        proportional contribution for
        the effort that the creator has             (A) Apple     Computer       Inc   Vs.
        made for the social utility                     Microsoft Corporation and
    (4) The developing of the
                                                        Hewlett-Packard Co. 35 F3d
        personality is inherent to the
        property right. The IPR permit                  1435
        and protect the developing of               (B) R.G. Anand Vs. Delux Films
        the personality which extends
        to the material things                          AIR 1978 SC 1613
    Choose the correct option from                  (C) Mattel Inc and Ors Vs. Jayant
    below :
                                                        Agarwalla and Ors 2008(153)
        (a) (b) (c) (d)
                                                        DLT Sus
    (A) (4) (1) (2) (3)
    (B) (1) (2) (3) (4)                             (D) Eastern Book Company and
    (C) (4) (2) (1) (3)                                 Ors Vs. D.B. Modak and Anr
    (D) (4) (3) (2) (1)                                 (2008) 1 SCC 1

                                           19                                      [P.T.O.
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85. Which one of following is not the              86. Which one of the following is not the
                                                       absolute grounds for refusal of
    ground for grant of compulsory
                                                       registration of trademark u/s 9 of the
    licence one patent after the                       Trademarks Act, 1999 ?

    expiration of three years u/s 84(1)                (A) The trademarks which are
                                                           devoid of any distinctive
    of the Patents Act, 1970 ?                             character, that is to say, not
                                                           capable of distinguishing the
    (A) That        the         reasonable                 goods or services
        requirements of the public with                (B) The trademarks which consist
                                                           exclusively of marks or
        respect     to    the    patented
                                                           indications which may serve in
        invention        have    not   been                trade to designate the kind,
                                                           quality, quantity, intended
        satisfied                                          purpose, values etc or other
                                                           characteristics of goods or
    (B) That the patented invention is
                                                           services
        not available to the public at a               (C) The trademarks which consist
                                                           exclusively of marks or
        reasonable affordable price
                                                           indications which have become
                                                           customary in the current
    (C) That the patented invention is
                                                           language or in the bonafied and
        not worked in the territory of                     established practices of the
                                                           trade
        India
                                                       (D) The trademark which is already
    (D) That the patented invention is                     registered under the Copyright
                                                           Act, 1957, or related with or
        related with the medicine which
                                                           may have conflict with the
        is useful to deal with health                      patented product under the
                                                           Patents Act, 1970 or in conflict
        hazards in the territory of India                  with Design Act, 1999

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87. Which one of the category of                   90. Which of the following provisions of
    intellectual property rights is subject
    to a specific period of validity and                the Information Technology Act,
    protection will remain valid unless
    the registration is cancelled :                     2000 (As amended by the Information
    (A) The Copyrights Act, 1957
                                                        Technology (amendment) Act, 2008)
    (B) The Patents Act, 1970
    (C) The Geographic Indications of                   deals with the punishment for
         Goods Act, 1999
    (D) The Design Act, 2000                            cheating by impersonation by using
88. Which one of the following is not the               computer resources ?
    case of Biopiracy ?
    (A) Turmeric         (US       Patent               (A) S. 66 B
         No. 5401504)
    (B) Neem (EPO Patent No. 436257)                    (B) S. 66 C
    (C) Basmati Rice (US Patent
         No. 5663484)                                   (C) S. 66 D
    (D) Ginger Cough (EPO Patent
         No. 539295)                                    (D) S. 66 F
89. With regard to S. 18 of the IT Act,
    2000, which deals with the functions           91. The rationale for prohibition of anti-
    of the controller of certifying
    authority, which one of the following               competitive agreements is :
    statement is incorrect ?
    (A) Controller has to exercise                      (A) Best allocation of economic
         supervision over the activities
         of Certifying Authority                            resources
    (B) Controller has to laid down the
         standards to be maintained by                  (B) Lowest price and highest
         Certifying Authority
                                                            quality
    (C) Controller has to divide and
         adjudicate the disputes between
         Certifying Authority                           (C) Higher level of wages to
    (D) Controller has to specify the                       workers
         conditions subject to which the
         Certifying Authorities shall
                                                        (D) Both (A) and (B)
         conduct their business

                                              21                                      [P.T.O.
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92. The Motor Accident Claims Tribunal                  94. Which of the following is not
                                                            a characteristic of a Federal
    are vested with ............... .
                                                            Constitution ?
    (A) Powers to bye-pass the rules of                     (A) Supremacy of constitution
         Cr.P.C.                                            (B) A written constitution
    (B) Power to arbitrate                                  (C) The method of amendment of
                                                                the constitution is rigid
    (C) Power to conduct summary
                                                            (D) All powers of the state belongs
         proceeding
                                                                to one Government
    (D) Power to ignore the rules of                    95. Under which of the following
         evidence                                           constitution, Article I says that all
                                                            legislature powers herein granted
93. Which of the following is the
                                                            shall be vested in a congress ?
    essential       characteristics           of
                                                            (A) United States of America
    a   Parliamentary           System        of
                                                            (B) Australia
    Government ?
                                                            (C) Canada
    (A) The President is the real                           (D) India
         Executive         Head         of   the        96. The American Constitution provides
         Government                                         that federal judges, including judges
                                                            of the Supreme Court of the United
    (B) The Council of Ministers is a
                                                            States, are appointed by the
         part of the Legislature and is                     President by and with the advice
         responsible to it                                  and consent of the .................. .
                                                            (A) Cabinet
    (C) Ministers are not collectively
                                                            (B) Senate
         responsible to the Legislature
                                                            (C) Vice-President
    (D) Council of Ministers are not
                                                            (D) Chief Justice of US Supreme
         answerable to the Legislature                          Court

                                                   22
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97. France is one of the countries which        99. Assertion–I (A1) : The ombudsman
                                                    in England is concerned with the
    have a constitutional court for
                                                    function of investigation complaints
    constitutional review is known as :             from people who claim to have

    (A) Droit Administratif                         sustained injustice in consequence
                                                    of maladministration in connection
    (B) Conseil Constitutionnel                     with action taken in exercise of
                                                    administrative       function      of
    (C) Corte costituzionale della
                                                    government department.
         Repubblica Italiana
                                                    Assertion–II (A2) : It is not for the
    (D) Administrative Tribunal                     Ombudsman to criticise policy, or to
                                                    examine     the     merits    of   a
98. Clause 5 of Article 15 of the
                                                    discretionary decision taken by a
    Constitution of India, inserted by              department without its involving
    the 93rd Constitutional Amendment               elements of maladministration.

    Act, 2005 is an enabling provision              (A) A1 is true but A2 is false

    and was in response to the court’s              (B) A1 is false but A2 is true

    explanation in :                                (C) Both A1 and A2 are true

                                                    (D) Both A1 and A2 are false
    (A) K.C. Vasanth Kumar Vs. State
                                                100. The Freedom of Information Act,
         of Karnataka
                                                    1966 in the United States applies
    (B) Rajendran Vs. Union of India                only to :
                                                    (A) Congress
    (C) P.A. Inamdar Vs. State of
                                                    (B) Federal agencies
         Maharashtra
                                                    (C) Federal Courts
    (D) Kathi Raning Rawat Vs. State
                                                    (D) Parts of the executive office of
         of Saurashtra                                  the President

                                           23                                    [P.T.O.
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ROUGH WORK




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Source: Savitribai Phule Pune University. Question paper published by Savitribai Phule Pune University.