CBSE UGC NET August 2016 Paper 2 LAW
CBSE UGC NET August 2016 Paper 2 LAW
Paper II
Note : This paper contains fifty (50) objective type questions of two (2) marks each. All
questions are compulsory.
1.
2.
In which one of the following cases the Supreme Court of India decided that There is no
Fundamental Right to Education for a professional degree that flows from Article 21 ?
(1) Balbir Thomas V/s. Centre for Cellular & Molecular Biology.
(2) Haobijam Rita Devi V/s. Sikkim Manipal and Technology of Health Sciences
University.
(3) P. Raveendran V/s. Union of India.
(4) Tumnyak Etc. V/s. AIIMS.
3.
Match List-I with List-II and select the correct answer using codes given below.
List I
List II
(a) Maharshi Avadhesh V/s. Union of India
(i) Organisation of Village Panchayats
(b) Kachchh Jal Sankat Nivaran Samiti V/s. (ii) Legal Aid
State of Gujarat
(c) M.H. Hoskot V/s. State of Maharashtra
(iii) Common Good
(d) State of Uttar Pradesh V/s. Pradhan Sangh (iv) Uniform Civil Code
Kshettra Samiti
Codes :
(a)
(b)
(c)
(d)
(1)
(iv)
(ii)
(iii)
(i)
(2)
(iv)
(iii)
(i)
(ii)
(3)
(iv)
(iii)
(ii)
(i)
(4)
(iii)
(iv)
(i)
(ii)
4.
Read Assertion (A) and Reason (R) and give correct answer using the codes given below.
Assertion (A) : High Court has no jurisdiction over the State Administrative Tribunal.
Reason (R) : Because L. Chandrakumar V/s. Union of India has decided so.
Codes :
(1) Both (A) and (R) are right and (R) is the correct explanation of (A).
(2) Both (A) and (R) are wrong.
(3) (A) is right and (R) is wrong.
(4) (A) is wrong and (R) is right.
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9.
10.
The Supreme Court of India while considering the validity of proclamation of emergency
under Article 356, said that the proclamation is subject to judicial review in one of the
following cases.
(1) S.R. Bommai V/s. Union of India
(2) Makan Singh V/s. State of Punjab
(3) State of Maharashtra V/s. Lok Shikshan Sansthan
(4) M. Karunanidhi V/s. Union of India
11.
The Supreme Court of India said that it is not the duty of the court either to enlarge the
scope of the Legislation or the intention of the legislature when the language of the
provision is plain and unambiguous in one of the following cases.
(1) Union of India V/s Deoki Nandan Aggarwal.
(2) A.P. Krishna Swamy V/s. State of Madras.
(3) Dharam Dutt V/s. Union of India.
(4) Express Newspapers (P) Ltd. V/s. Union of India.
12.
13.
The sociological school of jurisprudence is chiefly concerned with the relations of law to
(1) Contemporary Social Ideas
(2) Contemporary Legal Position
(3) Contemporary Political Situation
(4) Contemporary Social Institutions
14.
Bentham being a practical reformer, a strong believer in social progress, treated natural
law with little respect and opened fire on natural law as expounded by
(1) Cohen
(2) Hegal
(3) Holland
(4) Blackstone
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21.
22.
23.
Preventive theory
(2)
Reformative theory
(3)
Concession theory
(4)
Deterrent theory
Match List-I with List-II and give the correct answer using codes given below the lists.
List I
List II
(Kind of right)
(Correlative)
(a)
(i)
Disability
(b)
Liberty
(ii)
Duty
(c)
Power
(iii) No-right
(d)
Immunity
(iv) Liability
Codes :
(a)
(b)
(c)
(d)
(1)
(ii)
(iv)
(iii)
(i)
(2)
(ii)
(iii)
(iv)
(i)
(3)
(iii)
(i)
(ii)
(iv)
(4)
(iv)
(ii)
(i)
(iii)
Read Assertion (A) and Reason (R) and give the correct answer with the help of codes
given below :
Assertion (A) : A claim to recover a time-barred debt is an imperfect legal right.
Reason (R) : The Statute of Limitations provides that after a certain time a debt shall
become extinct.
Codes :
24.
25.
(1)
Both (A) and (R) are true and (R) is the correct explanation of (A).
(2)
Both (A) and (R) are true, but (R) is not the correct explanation of (A).
(3)
(4)
Who has criticized International law by remarking : ... this pompous law of Nations
which is so eloquent in books and silent in the cabinets of diplomats. ?
(1)
Emmanuel Kant
(2)
Edward Collins
(3)
H.L.A. Hart
(4)
J.G. Starke
Triepel
(2)
Anzilloti
(3)
Hegel
(4)
Duguit
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31.
32.
Match List-I with List-II and select the correct answer by using codes given below the
lists.
List I
List II
(i) Principle of Subrogation
(a) Chorzow factory (Indemnity) case.
(ii) Principle of Estoppel
(b) Marommatis Palestine Concessions case
(iii) Principle of Res judicata.
(c) R. v/s. Keyn
(iv) Principle of justice, equity (d) Case concerning the temple of Preah Vihear.
and good conscience.
Codes :
(a)
(b)
(c)
(d)
(1)
(i)
(ii)
(iii)
(iv)
(2)
(iv)
(iii)
(ii)
(i)
(3)
(ii)
(iv)
(i)
(iii)
(4)
(iii)
(i)
(iv)
(ii)
Which of the following statement/statements is/are not correct ?
(a) There are four main theories of Recognition.
(b) Anzillote is an exponent of Declaratory Theory of Recognition.
(c) Civil Air Transport Incorporated Co. V/s. Central Air Transport Corporation is a
case on Retrospective Effects of Recognition.
(d) Pitt Corbett is one of Chief Exponent of Constitutive Theory of Recognition.
Codes :
(1) Only (a), (b) and (c) are not correct.
(2) Only (b), (c) and (d) are not correct.
(3) Only (a), (b) and (d) are not correct.
(4) (a), (b), (c) and (d) all are not correct.
33.
Under which Article of the Charter of the United Nations the General Assembly may
establish such subsidiary organs as it deems necessary for the performance of its
functions ?
(1) Article 20
(2) Article 21
(3) Article 24
(4) Article 22
34.
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39.
Under the Hindu Marriage Act, 1955, the Sapinda relationship extends in the line of
ascent, to
(1) Three degrees through the mother and four degrees through the father.
(2) Three degrees through the mother and five degrees through the father.
(3) Five degrees through the mother and seven degrees through the father.
(4) Five degrees through the mother and three degrees through the father.
40.
Which of the following statement(s) is/are incorrect ? Answer with the help of codes given
below :
(a) Agnate is a person who is related by blood or adoption wholly through males.
(b) Cognate is a person who is related by blood or adoption but not wholly through
males.
(c) Agnate is a person who is related only by blood wholly through males.
(d) Cognate may be ascendant, descendant and collateral.
Codes :
(1) (a) and (d) only
(2) (b) and (d) only
(3) Only (c)
(4) (a) and (b) only
41.
42.
Match List-I with List-II and give the correct answer by using codes given below the lists.
List I
List II
(a) Smriti
(i) What was heard
(b) Shruti
(ii) Jimutavahana
(c) Dayabhaga
(iii) What is remembered
(d) Mitakshara
(iv) Vijnaneshvara
Codes :
(a)
(b)
(c)
(d)
(1)
(iv)
(iii)
(i)
(ii)
(2)
(ii)
(iv)
(iii)
(i)
(3)
(i)
(iii)
(ii)
(iv)
(4)
(iii)
(i)
(ii)
(iv)
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47.
If a Muslim woman is pregnant and the marriage is dissolved by death of the husband, the
period of iddat is for :
(1) 3 months or unto delivery, whichever is longer.
(2) 3 months and 10 days, or unto delivery, whichever is longer.
(3) 4 months and 10 days or unto delivery, whichever is longer.
(4) 3 months and 20 days or unto delivery, whichever is longer.
48.
49.
Read the following propositions and answer with the help of codes given below :
Propositions are :
I : Consent theory makes the divorce very easy.
II : Consent theory sometimes makes the divorce very difficult.
Codes :
(1) II is correct, but I is incorrect.
(2) I and II both are incorrect.
(3) I is correct, but II is incorrect.
(4) I and II are both correct.
Read Assertion (A) and Reason (R) and with the help of codes given below, point out the
correct explanation.
Assertion (A) : In Mohori Bibee V/s. Dharmodas Ghose, Sir Lord North observed : The
question whether a contract is void or voidable does not presuppose the existence of
a contract within the meaning of the (Contract) Act and can arise in the case of an
infant.
Reason (R) : Ever since this decision in Mohori Bibee V/s. Dharmodas Ghose case, it has
been doubted that a minors agreement is void.
Codes :
(1) Both (A) and (R) are right and (R) is correct explanation of (A).
(2) Both (A) and (R) are wrong.
(3) (A) is wrong, but (R) is right.
(4) (A) is right, but (R) is wrong.
50.
51.
An offer need not be made to all the world which is to ripen into a contract with anybody
who comes forward and performs the condition. It is an offer to become liable to anyone
who, before it is retracted, performs the conditions, and although the offer is made to the
world, the contract is made with that limited portion of the public who come forward and
perform the condition on the faith of the advertisement.
Above statement is attributed to
(1) Bowen L.J. in Weeks V/s. Tybald
(2) Bowen L.J. in Carlill V/s. Carbolic Smoke Ball Co.
(3) Bowen L.J. in Lalman Shukla V/s. Gauri Datt
(4) Bowen L.J. in Malraju Lakshmi Venhayyamma V/s. Venkata Narasimha Appa Rao
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57.
Which of the following statements are correct ? Answer using codes given below :
(a)
(b)
(c)
(d)
Codes :
(1) (a), (b), (c) and (d) are correct.
(3) Only (c) and (d) are correct.
(2)
(4)
58.
Which of the following statements is/are wrong ? Answer using codes given below :
(a) Claim for damages is debt.
(b) Damages are compensatory, not penal.
(c) Where the plaintiff suffers no loss, the court may still award him nominal damages
in recognition of his right. But this is in the discretion of the court.
(d) In ordinary cases damages for mental pain and suffering caused by the breach of
contract are not allowed.
Codes :
(1) Only (a) and (b) are wrong.
(2) Only (b) and (d) are wrong.
(3) Only (a) is wrong.
(4) Only (d) is wrong.
59.
Match List-I with List-II and select the correct answer using the codes given below.
List I
List II
(Mistake as to subject-matter of contract)
(Judgements)
(a) Mistake as to non-existent subject-matter. (i) Bell V/s. Lever Bros. Ltd.
(b) Mistake as to title or rights.
(ii) Raffles V/s. Wichelhaus
(c) Different subject-matters in mind.
(iii) Gustavus Couturier V/s. Robert
Hastie
(d) Mistake as to substance, nature or quality (iv) Sheikh Bros. Ltd. V. Ochsner.
of subject matter.
Codes :
(a)
(1)
(i)
(2)
(i)
(3)
(iii)
(4)
(iv)
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(b)
(iii)
(iii)
(i)
(ii)
(c)
(ii)
(iv)
(ii)
(i)
(d)
(iv)
(ii)
(iv)
(iii)
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63.
Read Assertion (A) and Reason (R) and answer using codes given below :
Assertion (A) : It is well settled that if and when there is frustration, the dissolution of the
contract does not occur automatically. It depends on the ground of repudiation or
breach, or on the choice or election of either party. It does not depend on the effect
of what has actually happened on the possibility of performing the contract.
Reason (R) : Because Lord Wright laid down this principle in Denny, Mott & Dickson
Ltd. V. James B. Fraser & Co. Ltd.
Codes :
(1) Both (A) and (R) are right and (R) is correct explanation of (A).
(2) Both (A) and (R) are wrong.
(3) (A) is right, but (R) is wrong.
(4) (A) is wrong, but (R) is right.
64.
Which of the following are important cases on maxim Damnum sine injuria ? Answer by
using codes below :
(a) Dickson V/s. Reuters Telegram Co.
(b) Ushaben V/s. Bhagyalaxmi Chitra Mandir
(c) Ashby V/s. White
(d) Municipal Board of Agra V/s. Ashrafi Lal
Codes :
(1) (a) and (b)
(2) (c) and (d)
(3) (a) and (c)
(4) (b) and (c)
65.
66.
A threw a lighted squib into a crowd, it fell upon X. X in order to prevent injury to
himself threw it further, it fell upon Y and Y in turn did the same thing and it then fell
on B, as a result of which B lost one of his eyes. Who is liable to B A, X or
Y ?
(1) No one is liable on the principle of remoteness of damages.
(2) A is liable because his act is most proximate cause of damage even though his act
was farthest.
(3) X is liable because he threw the squib without any danger to him.
(4) Y is liable because he caused the injury.
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71.
Read Assertion (A) and Reason (R) and answer using codes given below :
Assertion (A) : In case of vicarious liability a master is held liable for negligence of his
servant in driving his vehicle in the course of employment.
Reason (R) : Municipal Corporation cannot be held liable for the negligence of its servant
in driving a vehicle belonging to corporation in course of its business.
Codes :
(1) Both (A) and (R) are right and (R) is correct explanation of (A).
(2) Both (A) and (R) are right, but (R) is not the correct explanation of (A).
(3) (A) is right, but (R) is wrong.
(4) (A) is wrong, but (R) is right.
72.
Match List-I with List-II and select the correct answer by using the codes given below.
List I
List II
(Name of Case)
(Decision)
(a) Indian Council for Enviro-Legal (i) Patients consent for the operation did not
action V/s. Union of India.
imply consent to the removal of her uterus.
(b) Ryland V/s. Flecher
(ii) Absolute liability on enterprise carrying on
hazardous and inherently dangerous activity.
(c) Lakshmi Rajan V/s. Malar (iii) Liability for keeping dangerous things on
Hospital Ltd.
land.
(d) Union of India V/s. United (iv) Contributory negligence of driver cannot be
Insurance Co. Ltd.
imputed to passengers.
Codes :
(a)
(b)
(c)
(d)
(1)
(ii)
(iii)
(i)
(iv)
(2)
(i)
(iii)
(ii)
(iv)
(3)
(iv)
(i)
(ii)
(iii)
(4)
(i)
(ii)
(iii)
(iv)
73.
74.
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79.
80.
Sedition as explained in Sec. 124-A is akin to treason and the offences are against the
State. But certain gestures like cartoons, although may not have wit or humour could not
be penalised because :
(1) It carries only anger or disgust.
(2) The mere act causes dis-affection to the government.
(3) Represents dis-loyality against the government.
(4) The manner of expression is to change the government.
81.
The judicial reforms unfolding the mistry behind medicalisation of consent in rape cases
has an impact of less nuanced understanding by the phallocentric society is based on
(1) Compromise is Rape cases.
(2) Ramification against sanctions of law in rape cases.
(3) Resulting out of love affairs against the societal codes.
(4) Juvenile governance of gender issues.
82.
When a minor leaves her parental house completely without any inducement from the
accused, then what offence it amounts to ?
(1) Abduction
(2) Enticing
(3) Kidnapping
(4) No offence
83.
Which of the following distinctive feature do not relate to wrongful restraint and wrongful
confinement ?
(1) Wrongful restraint is partial restraint of personal liberty while wrongful confinement
is absolute restraint of personal liberty.
(2) Wrongful restraint implies wrongful confinement.
(3) Wrongful confinement requires circumscribing limits while wrongful
representation is boundaryless.
(4) In wrongful confinement there is restriction of movement in all directions, while in
wrongful restriction the movement is not total restriction in all directions.
84.
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91.
Read Assertion (A) and Reason (R) and answer using the codes given below :
Assertion (A) : The power to refer disputes to Industrial Tribunals and enforce their
awards is an essential corollary to the obligation that lies on the Government to
secure conclusive determination of the disputes with a view to redressing the
legitimate grievances of the parties.
Reason (R) : Such obligation arise from the imposition of restraints on the rights of strike
and lock-out.
Codes :
(1) Both (A) and (R) are true and (R) is the correct explanation of (A).
(2) Both (A) and (R) are true, but (R) is not the correct explanation of (A).
(3) (A) is true, but (R) is false.
(4) (A) is false, but (R) is true.
92.
93.
Which one of the following statement is correct under the Industrial Disputes Act ?
(1) Collective Bargaining agreements are enforceable as a settlement arrived as between
workers and employers.
(2) Collective Bargaining agreements are treated as gentlemen agreement and hence
enforcement depends on goodwill of the parties.
(3) Collective Bargaining agreements are not enforceable until it is approved by the
Government.
(4) Collective Bargaining agreements are enforceable only through court of law.
94.
95.
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UGC-JULY-16 PAPER-2
28/08/2016
Set :Date. 01/09/2016 Pg. 30
SUBJECT CODE & NAME:- (058) Law
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1
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3
| 55
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6
1
| 31
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7
1
| 32
2
| 57
| 82
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8
1
| 33
1
| 58
| 83
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9
4
| 34
2
| 59
| 84
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4
| 35
2
| 60
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3
| 36
3
| 61
| 86
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2
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1
| 62
| 87
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3
| 38
4
| 63
| 88
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1
| 39
2
| 64
| 89
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4
| 40
3
| 65
| 90
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4
| 41
4
| 66
| 91
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3
| 42
4
| 67
| 92
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| 43
4
| 68
| 93
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| 44
2
| 69
| 94
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| 45
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| 70
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| 71
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| 49
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| 74
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| 50
1
| 75
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-------------------------------------------------9=ALL,A=12,B=13,C=14,D=123,E=124,F=134,G=1234,H=23,I=24,J=234,K=34