TS SET 2012: Paper III, Law
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Test Paper : III Test Booklet Serial No. : ______________________
OMR Sheet No. : ________________________________
Test Subject : LAW
Hall Ticket No.
Test Subject Code : A-14-03
(Figures as per admission card)
Name & Signature of Invigilator
Name : ____________________________________ Signature : ___________________________________
Paper : III
Subject : LAW
Time : 2 Hours 30 Minutes Maximum Marks : 150
Number of Pages in this Booklet : 16 Number of Questions in this Booklet : 75
Instructions for the Candidates A¿æýÅÆæÿ$¦ËMæü$ çÜ*^èþ¯èþË$
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LAW
Paper – III
1. The Supreme Court does not have original 4. Under the Indian Constitution which one
jurisdiction regarding a dispute between of the following is not a specific ground on
(A) The Government of India and a State which the State can place restrictions on
or States freedom of religion ?
(B) The Government of India and one (A) public order
State on one side and one or more (B) morality
States on the other side (C) social justice
(C) Two States (D) health
(D) A citizen and a State
5. Arrange the following decisions of the
2. Which one of the following is not an Supreme Court on Fundamental Rights
automatic consequence of the relating to personal liberty in the correct
proclamation of emergency ? chronological sequence.
(A) Suspension of the enforcement of (1) Maneka Gandhi V. Union of India
fundamental rights except those (2) A.D.M. Jabalpur V. Shivakanth
conferred by article 20 and 21 Shukla
(B) Extension of the union’s executive (3) A.K. Gopalan V. State of Madras
power to the issue of directions to any Select the correct answer using the
State as to the manner in which its codes given below
executive power has to be exercised Codes :
(C) Extension of the power of Parliament (A) 3, 2, 1 (B) 2, 1, 3
to the making of legislation in regard (C) 2, 3, 1 (D) 1, 2, 3
to items of the State list
(D) Suspension of Article 19 6. In the event of occurrence of vacancies in
the offices of both, the President and the
3. The statutes ‘The Scheduled Castes and Vice President of India, who among the
Scheduled Tribes (Prevention of following shall discharge functions of the
Atrocities) Act 1989’ and ‘Protection of President till a new President is elected ?
Civil Rights Act 1956’ are based on (A) Speaker of Lok Sabha
(A) Article 14 (B) Leader of the majority party in the Lok
(B) Article 15 Sabha
(C) Article 16 (C) Chief Justice of India
(D) Article 17 (D) Senior most Governor
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7. Which of the following Amendments 10. Which one of the following is not a key
inserted the words “Nothing in Article 13 feature of the separation of powers ?
shall apply to any amendments made
under this Article” in Article 368 ? (A) The same persons should not form
(A) Forty-Second Amendment Act part of more than one of the three
(B) Forty-Fourth Amendment Act organs of government
(C) Twenty-Fourth Amendment Act (B) One organ of government should not
(D) Twenty-Second Amendment Act control or interfere with the work of
another
8. Which of the following is correctly matched ?
(C) Everyone is equally subject to the
(A) Republic:head of the State is
hereditary monarch law
(B) Sovereign:Constitution rests on the (D) One organ of government should not
people’s will exercise the functions of another
(C) Democratic:Constitution does not
recognise legal supremacy of 11. Which one of the following statements is
another country false in respect of subjective discretionary
(D) Secular : State is without any religion powers ?
of its own (A) In carrying out its functions, the
9. Which one of the following is not part of Judiciary gives Parliament and the
the principle of proportionality ? executive no latitude whatsoever
(A) The court considers what is where national security is concerned
necessary to achieve the legitimate (B) Indefinite imprisonment without
aims of a particular policy or
charge is contrary to the rule of law
legislation
because it deprives the detained
(B) Proportionality often involves striking
a balance between the benefits to be person of the protection given to them
achieved by doing something and by the process of criminal trial
the harm that may be done by (C) The primary burden of protecting
interfering with a person’s convention national security rests with the
rights in the process
executive
(C) The court looks at (1) the comparative
importance of the actual rights being (D) The role of the judiciary, in a legal
claimed in the individual case; system based on the rule of law, is to
(2) the justifications for interfering with make sure that legislation and
or restricting each of those rights ; and ministerial decisions do not overlook
(3) apply the proportionality test to
the human rights of those adversely
each
affected and that both Parliament
(D) Proportionality has now replaced
unreasonableness as a ground for and the executive give due weight to
judicial review fundamental rights and freedoms
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12. Which one of the following statements is 14. Which one of the following statements is
true ? true ?
(A) The decision in Anisminic Ltd. V (A) Judicial review focuses on the way
Foreign Compensation Commission public bodies make their decisions.
(1969) rendered obsolete the The basis of a judicial review claim
distinction between errors of law on is not that a decision is wrong, unless
the face of the record and other errors the decision is so wrong that no
of law by extending the doctrine of reasonable public body could have
ultra vires reached it
(B) Anisminic gives the High Court (B) In judicial review the court reverses
jurisdiction to review a tribunal’s the decision of the defendant public
decision on its merits body
(C) After Anisminic a non jurisdictional (C) The grounds for judicial review are
error cannot be challenged on always contained in the statute
appeal conferring powers on public bodies
(D) After Anisminic jurisdictional errors (D) In judicial review the court replaces
can be challenged in the country the decision of the defendant public
Court body with its own decision on the
merits of the claim
13. Which one of following statements is false ?
(A) A Quashing order, Mandatory order, 15. John Austin authored
or Prohibiting order must be claimed (A) The Province of Jurisprudence
by judicial review determined
(B) An injunction or declaration may be (B) The Limits of Jurisprudence defined
claimed by judicial review (C) The Province of Law determined
(C) All judicial review remedies are (D) The Limits of Law defined
mandatory
16. Volkgeist means
(D) A claim for judicial review may
(A) Custom of the people
include a claim for damages,
restitution or the recovery of a sum (B) Law of the land
due but a claimant may not seek such (C) Spirit of the people
a remedy alone (D) Strength of the people
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17. Obiter dictum is 20. Match List I with II and select the correct
(A) Something said by a judge answer from the codes given below the
lists :
(B) Something said by a saint
(C) Something said by a sovereign List I List II
(D) Something said by a society A. Imperfect right 1. encumbrance
B. Right in personam 2. claims barred
18. According to classical theory, ‘Possession by lapse of time
is made up’ C. Right in realiena 3. right to
I. Animus possession
II. Mensrea D. Right in rem 4. right to recover
III. Corpus debt
IV. Intangible Codes :
Select the correct answer
A B C D
(A) I and II correct
(A) 1 2 4 3
(B) II and III correct
(B) 2 3 4 1
(C) I and III correct
(C) 2 4 1 3
(D) I and IV correct
(D) 1 2 3 4
19. The given item consists of two statements
21. Possession, in fact, is a relationship
one labelled as the ‘Assertion (A)’ and the
between
other as ‘Reason (R)’. Examine these two
statements carefully and select the (A) a person and a law
answers to these items using the codes (B) a property and a right
given below : (C) a person and a thing
(D) a property and a thing
Assertion (A) : X has a right
22. Positivism regards law as
Reasoning (R) : There is in existence of a (A) the expression of the will of the state
legal system through the medium of the legislature
(A) Both (A) and (R) are true and (R) is (B) the expression of the will of the state
the correct explanation of (A) through the medium of nature
(B) Both (A) and (R) are true and (R) is (C) the expression of the will of the public
not the correct explanation of (A) through the medium of sovereign
(C) A is true but (R) is false (D) the expression of the will of the
(D) A is false but (R) is true people through the medium of status
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23. B hires a hammer and chisel from A. 26. Which one of the following is sufficient to
Thereafter with these instruments he prove the offence of sedition ?
breaks into the house of C and commits (A) Comments expressing disapproval of
theft there. A is charged with the offence the policies of the government with a
of abetment. In the case view to obtain a change in policies
(A) A supplied the instruments for by lawful means
commission of the crime and hence (B) Proof of disloyalty or ill feelings
is liable
(C) Comments expressing disapproval of
(B) A received money for supplying the
the administrative action even though
instruments of the crime (motive) and
do not excite hatred or disloyalty
hence is liable
(D) Exciting disaffection towards the
(C) A did not know that the hammer and
government
chisel were being hired to commit a
crime and hence is not liable 27. A bullock-cart carrying a box of treasure
(D) A has joint liability is intercepted by A. The offence of theft is
committed by A if and as soon as
24. X with a view to murdering Y enters Y’s
(A) He seizes the bullock
bedroom at night when Y is out of station.
X is guilty of (B) The bullock is made to move by him
in his direction
(A) Murder
(C) He takes the box of treasure
(B) House trespass
(C) Attempt to murder (D) He takes the valuable contents of the
treasure
(D) No effect
28. A obtained a sum of Rs. 10,000 from B by
25. X on receiving grave and sudden
provocation from Z intentionally causes putting B in fear of death. Which one of
the death of Y who is Z’s brother. X has the following offences was committed
committed the offence of by A ?
(A) Murder (A) Cheating
(B) Grievous hurt (B) Robbery
(C) Culpable homicide (C) Mischief
(D) Attempt to murder (D) Extortion
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29. A is found guilty of attempt to murder in 32. The given item consists of two statements
furtherance of common intention. Under one labelled as the ‘Assertion (A)’ and the
which one of the following situations can other as ‘Reason (R)’. Examine these two
his offence be proved ? statements carefully and select the
(A) A procured the weapon of offence answers to these items using the codes
voluntarily given below :
(B) The weapon of offence was taken Assertion (A) : Water pollution is a form
away from A’s house without his of nuisance and the
knowledge Executive Magistrate is
(C) A was made to purchase the weapon empowered to order a
of offence under the threat to his own person to restrain from
life polluting a water body
(D) When the weapon was snatched under Section 133 of
away from A he did not report the Criminal Procedure
Code.
same to police
Reason (R) : Water (Prevention and
30. Environment Impact Assessment
Control of Pollution) Act,
Notification 2006 has replaced the public
1974 is a special
hearing with which of the following ?
legislation dealing with
(A) Public consultation
water pollution hence
(B) Screening general law provisions
(C) Appraisal pertaining to water
(D) Public opinion pollution are not
applicable for regulating
31. The Scheduled Tribes and Other Forest water pollution.
Dwellers Recognition of Rights Act, 2006
(A) Both A and R are individually true
provides rights for the first time to the forest and R is the correct explanation of A
dwellers on the basis of
(B) Both A and R are individually true,
(A) Ownership but R is not the correct explanation
(B) Usage of A
(C) Assignment (C) A is true, but R is false
(D) Record of rights (D) A is false, but R is true
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33. Match List I with List II and select the correct 35. Arrange the following in the order in which
answer from the codes given below the Supreme Court of India declared them as
Lists : law of the land
I. Public Trust Doctrine
List I List II II. Precautionary Principle
I. Suspended particulate 1. Municipal solid III. Right to Environment as part of Right
to Life
matter waste
IV. Polluter Pays Principle
II. Industrial Emissions 2. Water (Prevention (A) I IV III II (B) II III IV I
and Control of (C) IV III II I (D) III IV II I
Pollution) Act, 1974
36. Which among the following powers are
III. Sewage effluent 3. Environment available to Pollution Control Board as per
(Protection) The Water (Prevention and Control of
Rules, 1986 Pollution) Act, 1974.
I. Sample collection and sending them
IV. Demolition Debris 4. Air (Prevention
for laboratory verification
and Control of
II. Close the erring industries
Pollution) Act, III. Initiate action against erring
1981 industries
Codes : IV. All the above
I II III IV Select the correct answer
(A) I and II (B) IV
(A) 4 3 2 1
(C) I II and III (D) I and III
(B) 1 2 3 4
(C) 3 2 1 4 37. “International law is not true law, it is only
positive international morality” – who
(D) 4 1 2 3 defined it ?
(A) John Austin
34. Polluter Pays Principle is declared as law
(B) Hall
of the land in India in which of the following
(C) Starke
decisions of Supreme Court of India ? (D) Gray
(A) Indian Council for Enviro Legal Action
38. “International law or the law of nations is
V Union of India (AIR 1996 SC 1446) the name for a body of rules which
(B) Subash Kumar V State of Bihar (AIR according to the usual definition regulate
1991 SC 420) the conduct of the States in their intercourse
with one another” – who defined it ?
(C) MC Mehta V Union of India (1997 (II)
(A) John Austin
SCC 312)
(B) Torsten Gihl
(D) Narmada Bachao Andolan V Union (C) Kelsen
of India (AIR 1999 SC 3345) (D) World Court
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39. The father of modern law of nations is 42. ‘Transformation Theory’ means
(A) Starke (A) International law spreads universally,
but this law has to undergo
(B) John Austin
transformation, if it is applied to
(C) Jeremy Bentham municipal law
(D) Hugo Grotius (B) The international law cannot be
applied to municipal law
40. Article 38 (1) (c) of the statute of ICJ (C) Municipal law gradually transforms
provides about “the general principles of to international law
law recognised by civilised nations”. What (D) None of the above
does it mean ? 43. ‘Delegation Theory’ means
(A) Principles of natural justice are (A) The municipal laws delegate the rule
general principles recognised by making power to international law
civilised States (B) The international law delegates the
rule making power to each State in
(B) Res judicata, estoppel, res subjudice, accordance with the procedure and
etc are the general principles of law system prevailing in each State in
recognized by civilised States accordance with the Constitution and
(C) General principles of law recognised rules of the treaty or any other
convention at international level
by civilised States include both
(C) Municipal law gradually transfers and
procedural and substantive laws delegates into international law
(D) All the above (D) None of the above
44. A child of void marriage is
41. ‘Specific Adoption Theory’ means
(A) entitled to an interest in which his
(A) International law can be applied in
father is a coparcener
sovereign states directly without the (B) not entitled to an interest in which his
adoption of that sovereign State, but father is a coparcener
by the direction and adoption of the (C) may or may not be entitled to an
UNO interest in which his father is a
(B) International law cannot be applied coparcener
in sovereign States directly; unless (D) entitled of interest is discretionary to
the court
and until that sovereign state
specifically adopts that law by way 45. Proceedings for restitution of conjugal
rights enables the aggrieved spouse for
of enactments
(A) maintenance under Section 25 of
(C) As soon as the general assembly
Hindu Marriage Act, 1955
passes a rule, the sovereign state (B) maintenance pendente lite under
should specifically adopt that rule in Section 24 of Hindu Marriage Act, 1955
its municipal laws (C) both (A) and (B)
(D) None of the above (D) either (A) or (B)
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46. During judicial separation 50. The ‘Absolute Theory’ as the basis for
(A) parties continue to be husband and
wife but marital rights and obligations liability in tort for industrial injuries was
are suspended
propounded by
(B) parties continue to be husband and
wife and marital rights and (A) Black Burn J.
obligations remain intact
(C) parties continue to be husband and (B) V.R. Krishna Iyer J
wife and may suspend or may not
(C) P.N. Bhagwati
suspend the marital rights and
obligations (D) Lord Atkin
(D) parties cease to be husband and wife
47. Doctrine of recrimination provides that 51. Which of the following is an essential
(A) if both parties, independent of each
ingredient to constitute tort ?
other, have committed matrimonial
offences, the marriage should be (A) violation of legal right
dissolved
(B) if both parties, independent of each (B) wrongful act must result in legal
other, have committed matrimonial
damages
offences, the marriage should not be
dissolved (C) wrongful act must give rise to a legal
(C) if both parties, independent of each
other, have committed matrimonial remedy
offences
(D) actual damages must have accrued
(D) either (A) or (C)
to the party
48. Conversion from Hindu to another religion
is a ground for divorce
(A) under Section 13 (1) (ii) of the Hindu 52. Which among the following Constitute
Marriage Act of 1955 Civil and Political rights as per Universal
(B) under Section 13 (1) (iii) of the Hindu
Marriage Act of 1955 Declaration of Human Rights ?
(C) under Section 13 (1) (iv) of the Hindu I. Freedom of Opinion and Expression
Marriage Act of 1955
(D) under Section 13 (1) (v) of the Hindu II. Right to nationality
Marriage Act of 1955
III. Right to Education
49. Father-in-law’s obligation to maintain the
daughter-in-law is IV. Equal Access to Public Service
(A) a personal obligation
(A) I III and IV
(B) co-extensive with ancestral property
in the hands of father-in-law (B) II III and IV
(C) co-extensive with the personal
property of the father-in-law (C) I II and III
(D) both (B) and (C) (D) I II and IV
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53. Which among the following Conventions 56. The given item consists of two statements
are influenced and inspired by the
Universal Declaration on Human Rights ? one labelled as the ‘Assertion (A)’ and the
I. Convention on prevention and other as ‘Reason (R)’. Examine these two
punishment of the genocide
statements carefully and select the
II. Convention on forced labour
III. Convention concerning discrimination answers to these items using the codes
in respect of employment and given below :
occupation
IV. Convention concerning climate Assertion (A) : Human rights proclaim
change
Select the correct answer inherent freedom and
(A) II III and IV (B) I II and III equality in dignity and
(C) I III and IV (D) IV III and I rights of all human
54. Which part of Indian Constitution beings
embodies Human Rights ?
(A) Part III (B) Part VI Reason (R) : Right to equality is
(C) Part IV (D) Part V
interpreted to mean
55. Match List I with List II and select the equality among equals
correct answer from the codes given below
but not absolute equality
the Lists :
(A) Both A and R are individually true
List I List II
I. Freedom of equality 1. Economic social and R is the correct explanation of A
and dignity and cultural rights (B) Both A and R are individually true,
II. Prevention of slavery 2. Fundamental rights
but R is not the correct explanation
and slavery trade
III. Equal pay for equal 3. Civil and political of A
work rights (C) A is true, but R is false
IV. Right to equality 4. Human rights
Codes : (D) A is false, but R is true
I II III IV
57. Respondent superior means
(A) 1 3 2 4
(A) Let the principal be liable
(B) 4 3 1 2
(B) Let the respondent be liable
(C) 3 4 1 2 (C) Let the subordinate be liable
(D) 2 4 3 1 (D) Let the sovereign be liable
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58. What type of damages can be granted in 62. A employs B, a surgeon, to attend his
case of invasion of a right of easement ? infant son C. By reason of B’s negligence
(A) Exemplary damages C is injured. Which one of the following is
correct ?
(B) Substantial damages
(A) A can sue B for tort only
(C) Nominal damages
(B) Both A and C can sue B for tort only
(D) Contemptuous damages
(C) A can sue B for tort or for breach of
contract
59. Unliquidated damages means
(D) A can sue B neither for tort nor breach
(A) Unascertained sum of money of contract
(B) Ascertained sum of money
Read the following passage and answer
(C) Damages arising of res-ipsa-loquitur questions 63 to 66
(D) (A) and (C) Human Rights refer to the basic rights and
freedoms to which all humans are entitled.
60. The rule in Donoghue Vs. Stevension is Socio-Economic rights are usually treated as
(A) wholesale dealer is liable to the positive rights and as identifying programmatic
goals for the Government. One of the
ultimate consumer
necessary factors in the development of a
(B) retailer is liable to the ultimate healthy society is a proper socio-economic
consumer theory. In any age people have to come to grips
(C) manufacturer is liable to the ultimate with the question as to how the resources of
the world are to be utilized and allocated. In
consumer
addition, society needs to arrange a system of
(D) distributor is liable to the ultimate government which can meet the needs of all
consumer its members. The answers which the society
gives to these concerns reflect the socio
61. In Municipal Corporation of Delhi v. economic values which that society follows.
Subhagwanti, the Supreme Court applied Some societies are unwilling to enshrine
which one of the following principles ? purported economic, social and cultural rights
as legal rights, seeing them only as needs that
(A) Last opportunity rule
society or government might provide if
(B) Contributory negligence resources are available, but which are not
(C) Basic negligence justifiable unless they are established by some
(D) Res ipsa loquitur contract.
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63. What is the meaning of human rights ? 67. A legal act of a company which is beyond
(A) basic rights and freedoms of human its objects clauses is
I. ultravires
beings
II. void
(B) basic rights and freedoms of citizen
III. ultravires and illegal
(C) basic rights and freedoms of all living
IV. ultravires and voidable
beings
Select the correct answer
(D) basic rights and freedoms
(A) I and II
guaranteed by United Nations
(B) I and III
64. Socio economic rights are (C) I, II and III
(A) positive rights (D) II and III
(B) negative rights 68. Usually, the first directors are named in
(C) property rights company’s
(D) group rights (A) Memorandum of Association
(B) Articles of Association
65. Which of the following is a factor in the
(C) Company’s resolution
development of a healthy society ?
(D) Statutory meeting
(A) proper social theory
69. Which one of the following statement is a
(B) proper socio-economic theory
correct statement ?
(C) proper government
(A) The entity of partnership arises from
(D) proper legal system contract and not from status
(B) The relation of partnership arises
66. Suitable title for the passage is
from status and not from contract
(A) Human Rights
(C) The relation of partnership arises
(B) Socio-Economic Rights
from contract and not from status
(C) Socio Economic Theory (D) The system of partnership arises from
(D) Human Rights and Society contract and not from status
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70. The customer of an unregistered firm 73. Which among the following is an essential
defamed the partner of that firm. The
characteristic of a bill of exchange ?
partner prefers to file a case. The partner
(A) Unconditional order to pay
has
(A) no right to sue as it amounts to illegal (B) Discounting a bill of exchange
(B) has no right to sue as he is a partner (C) Bill market scheme
in an unregistered firm
(D) Noting
(C) a right to sue
(D) no right as it is against public policy 74. Which among the following is NOT a
correct statement ?
71. Caveat emptor means
(A) Let the government beware (A) Negotiable instruments are easily
(B) Let the seller beware transferable
(C) Let the buyer beware (B) Dishonour of a negotiable instrument
(D) Let the sovereign beware
invites legal action
72. Mr. A issued a cheque to Mr. B for Rs. 15,000/-. (C) Negotiable instruments are
The cheque is dishonoured by the bank transferred by endorsement or
due to insufficiency of funds in Mr. A’s
delivery
account. Mr. B intends to file a criminal
complaint against Mr. A after giving him (D) Negotiable instruments require
the requisite notice. When should Mr. B attesting witness
give notice ?
(A) After his account is not credited by 75. Which among the following is not a
the banker Negotiable Instrument ?
(B) After the banker informed him about (A) Promissory note
the dishonour
(B) Bill of exchange
(C) Six months after the payment date
mentioned on the cheque (C) Bond
(D) When Mr. A refuses to make payment (D) Cheque
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Source: Telangana State Eligibility Test. Question paper published by Telangana State Eligibility Test.