TS SET 2012: Paper II, Law

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Test Paper : II Test Booklet Serial No. : ______________________
OMR Sheet No. : ________________________________
Test Subject : LAW
Hall Ticket No.
Test Subject Code : A-14-02
(Figures as per admission card)
Name & Signature of Invigilator
Name : ____________________________________ Signature : ___________________________________
Paper : II
Subject : LAW
Time : 1 Hour 15 Minutes Maximum Marks : 100
Number of Pages in this Booklet : 12 Number of Questions in this Booklet : 50
Instructions for the Candidates A¿æýÅÆæÿ$¦ËMæü$ çÜ*^èþ¯èþË$
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LAW
Paper – II
1. The three new concepts ‘secularism, 4. The right to freedom of religion guaranteed
socialism and integrity’ have been in Article 25 of the Constitution of India is
inserted in the preamble through subject to which of the following ?
(A) 38th Amendment (A) Public order, morality and to the other
th
(B) 40 Amendment provisions of Part III of the Constitution
of India
(C) 42nd Amendment
(B) Public order, morality and health
(D) 44th Amendment
(C) Reasonableness restrictions in the
2. The following fundamental rights are not interests of the security of the State
available to aliens
(D) Public order, morality and health and
(A) Art. 14, 15, 19 to the other provisions of Part III of
(B) Art.15, 16, 19 the Constitution of India
(C) Art. 16, 19, 21
5. Which one of the following statements is
(D) Art. 14, 19, 21
correct ?
3. The Parliament shall consist of Emergency shall :
(A) President, Council of States and (A) be proclaimed by the President on
House of the People his satisfaction
(B) President, Council of States and (B) be proclaimed by the President on
Prime Minister the basis of the recommendation of
the Union Cabinet
(C) President, Prime Minister and
Council of Ministers (C) be declared under Article 353
(D) Prime Minister, Council of States and (D) continue for a maximum period of
House of the People three years
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6. Match List I with List II and select the Truce Negotiation team. On 17-9-1948, he
correct answer from the codes given below was murdered by terrorists. The ICJ
ordered Israel to pay compensation to UN
the Lists :
for the death of Bernadotte. Refer case-
List I List II
law
A. Basic structure of the 1. In reference to Special
(A) Reparation for injuries suffered in the
Constitution cannot be Court Bill 1978
services of the United Nations case
amended
(B) Attorney General of the Government
B. A law made by legislature 2. Kesavanand Bharathi
of Israel v. Eichmann
to deprive a person of his v. State of Kerala
(C) The Nuremberg trial
personal liberty must be
just, fair and reasonable (D) Advisory opinion of the ICJ on
C. Advisory opinion of Supreme 3. S.R. Bommai v. Union
Reservation of the Genocide
convention
court is also binding on all of India
courts
8. The given item consists of two statements
D. President satisfaction under 4. Maneka Gandhi v. one labelled as the ‘Assertion (A)’ and the
Art. 356 is judicially reviewable Union of India other as ‘Reason (R)’. Examine these two
to a limited extent statements carefully and select the
Codes : answers to these items using the codes
A B C D given below :
Assertion (A) : The International Court of
(A) 2 4 1 3
Justice is the principal
(B) 2 4 3 1 organ of the UN
(C) 1 2 3 4 Reason (R) : The International Court of
Justice has compulsory
(D) 1 2 4 3
jurisdiction over all the
members of UN
7. At the time of formation of Israel, there was
Codes :
a dispute between Israel and Palestine
(A) Both A and R are individually true
and other Arab countries. United Nations and R is the correct explanation of A
Organisation acted as a mediator in the (B) Both A and R are individually true,
dispute between Israel and Palestine. It but R is not the correct explanation
sent a team to pacify the enemeties of A
between them. Count Folke Bernadotte- (C) A is true, but R is false
a Swedish national was the head of the UN (D) A is false, but R is true
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9. ‘Jus cogens’ means 11. The U.N.O. has been prohibited from
intervening in matters which are
(A) peremptory norms of general
essentially within the domestic jurisdiction
international law from which no
of any State. Yet the
derogation is permissible
(A) Security Council can intervene when
(B) rules of ancient customary it decides on enforcement action
international law which are rendered (B) Security Council can intervene to
redundant in modern times stop religious strife in a country
(C) abrogation of a rule in a treaty by a (C) General Assembly can intervene
subsequent treaty under the ‘uniting for peace’
Resolution
(D) rule developed from a bilateral treaty
which has found universal (D) Security Council can intervene for the
release of hostage taken by a State
10. Match List I with List II and select the
12. Which of the following is among the
correct answer from the codes given below
purpose of the UN as laid down in Article 1
the Lists : of the U.N. charter ?
List I List II I. To maintain international peace and
A. The conception of one world 1. Jeremy Bentham security
B. The term ‘International Law’ 2. Wendell Wilkie II. To develop friendly relation among
nations
was coined by
III. To ensure that non-members of the
C. The Franconia 3. Anzilotti
United Nations Act in accordance with
D. Pacta Sunt Servanda 4. Lord Coleridge the U.N. charter
IV. To achieve international co-operation
Codes :
in solving international problems of an
A B C D economic social cultural or
humanitarian character
(A) 1 3 2 4
(A) I, II, III are correct
(B) 3 2 4 1
(B) I, III, IV are correct
(C) 2 1 4 3
(C) I, II, IV are correct
(D) 4 1 2 3 (D) II, III, IV are correct
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13. That a legal system arises from the 17. Kelsen’s theory of law is called pure theory
combination of primary and secondary because Kelsen
rules was enunciated by (A) Purely discussed jurisprudence only
(A) Austin (B) Hart (B) Defined law in accordance with
morality and purity
(C) Bentham (D) Kelsen
(C) Separated law from religion, ethics,
14. Which one of the schools of jurisprudence sociology and history
considers that ‘a reasoned scale of values (D) Discussed law purely in terms of
justice
can be discovered as a basis for legal
development’ ? 18. “Law as such is found and not made. It is
(A) Analytical (B) Philosophical to be found in popular faith, common
(C) Historical (D) Sociological convictions, customs, traits, habits,
traditions which in course of time grow into
15. Consider the following statements with legal rules”. This concept was propounded
regard to natural law by
(A) Thibaut (B) Henry Maine
1. The central notion of natural law is the
(C) Savingny (D) Salmond
existence of objective moral principles
2. These principles are discovered by 19. Which among the following is recently
reference to legal sources as the declared as a ground for divorce for
constitution, codes and so on Hindu’s by the Supreme Court of India
3. These principles depend on the (A) Cruelty
essential nature of man (B) Conversion
(A) 1, 2, 3 are correct (C) Irretrievable break down of marriage
(D) Mutual consent
(B) 1, 2 are correct
(C) 2, 3 are correct 20. Match List I with List II and select the
(D) 1, 3 are correct correct answer from the codes given below
the Lists :
16. Which of the following statements are List I List II
correct ? I. Gita Hariharan v. Reserve 1. Marriage
I. Ownership can be legal and vested Bank of India
ownership II. Bai Tahira v. Ali Hussain 2. Divorce
II. Ownership can be legal and equitable III. Md. Amin v. Vakil Ahmed 3. Maintenance
ownership IV. Dastane v. Dastane 4. Guardianship
III. Ownership can be trust and beneficial Codes :
ownership I II III IV
Select the correct answer (A) 1 4 3 2
(A) I and II (B) I and III (B) 2 3 4 1
(C) 3 4 2 1
(C) I, II and III (D) II and III
(D) 4 3 1 2
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21. Arrange the following sources of Hindu 24. Which among the following is not a source
Law sequentially in the chronological of Mohammedan Law ?
order (A) Koran (B) Hadith
I. Dharma Sutra (C) Qiyas (D) Shariat
II. Custom 25. Which among the following is the source
III. Veda of Mohammedan Law derived from the
Islamic jurists analogical deductions ?
IV. Dharma Shastra
(A) Koran (B) Hadith
(A) III, II, IV, I (B) IV, III, II, I
(C) Qiyas (D) Shariat
(C) III, I, IV, II (D) II, III, IV, I
26. The given item consists of two statements
22. Select the correct statements from the one labelled as the ‘Assertion (A)’ and the
following other as ‘Reason (R)’. Examine these two
statements carefully and select the
I. Hindu marriage requires compulsory
answers to these items using the codes
registration
given below:
II. Mohammedans marriage requires Assertion (A) : Mensrea is scribed in
compulsory registration Indian Penal Code by
III. Special Marriage Act mandates use of the following
terms, to describe the
compulsory registration
essentials of offences,
IV. All the above are correct such as voluntarily,
(A) IV (B) II and III knowingly, with the
(C) I and II (D) I and III intention.
Reason (R) : Mensrea is an essential
23. Which among the following provides for element of a crime
penal consequences if marriage is however Indian Law does
not mandate it generally
solemnised between a female aged below
but mandates it by
18 years and a male aged below 21 years ?
implication
(A) Special Marriage Act 1954 (A) Both A and R are true
(B) Hindu Marriage Act 1955 (B) Both A and R are false
(C) Child Marriage Restraint Act 1929 (C) A is true but R is false
(D) Christian Marriage Act 1872 (D) R is true but A is false
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27. Match List I with List II and select the 30. Mr. A, a doctor informs his patient that it
correct answer from the codes given below may be difficult for him to survive. The
the Lists: patient died as a consequence of shock.
List I List II Mr. A is
I. Conspiracy 1. Section 21 of IPC (A) liable as he has not taken reasonable
II. Private Defence 2. Section 120 of IPC care
III. Common Intention 3. Section 96 of IPC (B) liable as he knows the consequences
IV. Public Servant 4. Section 34 of IPC of his communication
Codes : (C) not liable as it amounts to professional
I II III IV hazard
(A) 1 4 2 3 (D) not liable if he does it in good faith
(B) 2 3 4 1
31. Mr. A instigates a child to mix poison in Z’s
(C) 4 2 3 1
food. The child by mistake mixes the poison
(D) 3 1 4 2
in Y’s food who was sitting adjacent to Z.
28. Which among the following fall under Which among the following is correct ?
General Exceptions as per the Indian (A) Mr. A is liable
Penal Code ? (B) Mr. A is not liable
I. Mistake (C) Child is liable
II. Private Defence
(D) Neither Mr. A nor the child is liable
III. Insanity
IV. Consent 32. Hadley v Bxendale deals with
(A) Consideration
Select the correct answer
(B) Fraud
(A) I, II and III
(C) Frustration
(B) II, III and IV
(D) Rules as to damages
(C) I, III and IV
(D) II, III and I 33. The effect of frustration of a contract is to
operate as
29. Which is not defined in Indian Penal Code ?
(A) Mode of discharge
(A) Public Servant
(B) Suicide (B) Mode of performance
(C) Mischief (C) Breach of contract
(D) Theft (D) Mistake of contract
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34. A minor’s contract is void as decided in 38. What is the limitation period for a
(A) Balfour v Balfour conciliation officer to submit a report on
(B) Mohiribibi v Dharma Das Ghose the conciliation proceedings from the date
of starting such proceedings ?
(C) Chinnaih v Ramaiah
(A) 14 days
(D) Phillips v Brooks Ltd.
(B) 30 days
35. Substitution of new contract in the place (C) 40 days
of old one is called (D) 60 days
(A) Rescission
39. A management of an industry can dismiss
(B) Alteration
or discharge a protected workman only
(C) Cancellation after obtaining permission from
(D) Novation (A) Industrial Tribunal
(B) Labour Court
36. Every registered trade union shall submit
(C) Appropriate Government
annual returns including the income and
(D) No permission is required for valid
expenditure to the concerned registrar reason of dismissal or discharge
(A) This rule is mandatory
40. A building was erected by the defendant
(B) This rule is only directive
which caused diminution of light to two
(C) It is not strictly implemented, as the ground floor windows of the Plaintiff’s
majority of the registered trade unions house. Subsequently electric lights were
do not follow it always needed in the place. An action for
damages can be brought on the ground
(D) Statements (B) and (C) are correct
(A) Public nuisance (B) Private nuisance
37. Police have no right to form a trade union. (C) Negligence (D) Strict liability
It was decided in
41. Which of the following is not a valid
(A) Kulkarni v. State of Bombay
defence in tort ?
(B) Delhi Police Sangh v. State of Punjab (A) Volenti non fit injuria
(C) Sitharamachary v. Senior Deputy (B) Vis major
Inspector (C) Scienti non fit injuria
(D) Madhu Limaye v. S.D.M (D) Consent
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42. A master is liable for the wrongs of his 44. Which one of the following statement is
servant if the servant correct ?
(A) Has acted outside the scope of this (A) Inevitable accident is not a defence
duty in violation of express orders at all but only a denial of liability
(B) Is temporarily lent to another (B) Inevitable accident is not a denial of
liability but only a defence
(C) Is drunk while on duty
(C) Inevitable accident is both defence
(D) Has acted in self-defence against the
and denial of liability
criminal conductor of the person who
(D) Inevitable accident is a chance event
sues the master
and can neither be a defence nor a
43. Consider the following set of legal denial of liability
propositions
45. Tenth Schedule was inserted in the
1. A person can claim damages for all Constitution by
wrongs he has suffered (A) The Constitution (Forty second
2. A person can claim damages for Amendment) Act, 1976
wrongs only if they are caused (B) The Constitution (Forty fourth
intentionally Amendment) Act, 1978
3. A person can claim damages for a (C) The Constitution (Fifty second
wrong if it is caused by infringement Amendment) Act, 1985
of this legal right (D) None of the above
4. A person can claim damage even if 46. The Commission appointed in relation to
he has suffered no loss Centre-State Relations is
Of the above propositions which are (A) Sarkaria Commission
correct ? (B) Wadhwa Commission
(A) 1 and 2 (B) 3 and 4 (C) Varma Commission
(C) 1 and 3 (D) 2 and 4 (D) Sri Krishna Commission
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Read the following passage and answer respect for which is amoral duty. A legal
questions 47-50 right, on the other hand, is an interest
recognised and protected by a rule of law –
Now since law and morals are primarily an interest the violation of which would be
concerned with human interest, every a legal wrong done to him whose interest
wrong involves smoke interest attacked by it is, and respect for which is a legal duty.
it, and every duty involves some interest 47. An interest recognized and protected by a
tow which it relates, and for whose rule of law
protection it exists. The converse, (A) a legal right
however, is not true. Every attack upon an (B) legal order
interest is not a wrong either in fact or in (C) legal obligations
law, nor is respect for every interest a duty, (D) a legal duty
either legal or natural. Many interests exist
de facto and not also de jure; they receive 48. What is the primary concern of law and
morals ?
no recognition or protection from any rule
(A) Human behaviour
of right. The violation of them is no wrong,
(B) Human interest
and respect for them; is no duty. For the
(C) Human security
interests of men conflict with each other,
and it is impossible for all to revive rightful (D) Human development
recognition. The rule of justice selects 49. Rights and duties are
some for protection and the others are (A) Legal only
rejected. Whether his interest amounts to (B) Moral only
a right depends on whether there exists (C) Moral or legal
with respect to it a duty imposed upon any (D) Moral and legal
other person.
50. Which of the following statement is correct ?
Rights, like wrongs and duties, are either (A) All interests are protected by law
moral or legal. A moral or natural right is (B) Some interests are protected by law
an interest recognized and protected by a (C) No interest is protected by law
rule of morality – an interest the violation (D) None of the above statements is
of which would be a moral wrong, and correct
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Source: Telangana State Eligibility Test. Question paper published by Telangana State Eligibility Test.