Thursday, May 14, 2015

law test for exams in india

law test for exams in india
Law Entrance questions in India
1. Which Article of the Constitution of India has the provisions in respect of the amendment of any provision of the Constitution of India and procedure thereof?
(a) Article 361
(b) Article 364
(c) Article 366
(d) Article 368
Ans. (d)
2. Which of the following are mentioned under separate Articles in Part II of the Constitution of India pertaining to Fundamental Rights?
1. Abolition of untouchability
2. Abolition of tides
3. Freedom as to payment of taxes for promotion of any particular religion
4. Protection of interests of minorities
Select the correct answer by using the codes given below:
(a) 1 and 2
(b) 2, 3 and 4
(c) 3 and 4
(d) 1, 2, 3 and 4
Ans. (d)
3. Under which Article (s) of the Constitution of India, the power to issue writs for the enforcement of the Fundamental Rights is vested in the Supreme Court and the High court?
(a) Article 32 only
(b) Article 226 only
(c) Article 32 and Article 226 both
(d) Neither Article 32 nor Article 226
Ans. (c)
4. Consider the following statements:
1. There is no provision in the Constitution of India for reservation in the matters of promotion in the services under the state in favour of the scheduled castes and the scheduled tribes.
2. As per provisions of Article 16 (4) of the Constitution of India, for getting reservation for the appointments and posts under the state, a class must be backward and should not be adequately represented in the services under th state.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans. (b)
5. Consider the following statements:
1. Mandamus is available not only against judicial authorities but also against administrative authorities.
2. The writ of prohibition as well as certiorari are issued only against judicial or quasi-judicial authorities.
Which of the statements given above is/are correct?
Ans. (c)
6. consider the following statements:
1. Moral right is recognized and protected by rule of natural justice.
2. Legal right is recognized and protected by rule of legal justice.
3. Violation of legal right incurs only disapprobation of the society.
Which of the statements given above are correct?
(a) 1, 2 and 3
(b) 1 and 3
(c) 2 and 3
(d) 1 and 2
Ans. (d)
7. Which one of the following statements is correct?
In case of breach of contract, the party in breach must make compensation in respect of
(a) direct consequences only
(b) direct and indirect consequences
(c) remote consequences
(d) anticipatory consequences
Ans. (a)
8. Which of the following are included in the Directive Principles of State Policy in the constitution of India?
1. Uniform civil code for the citizens.
2. Separation of judiciary from executive.
3. Protection of monuments of national importance.
Select the correct answer by using the codes given below:
(a) l and 2
(b) 2 and 3
(c) l and 3
(d) 1, 2 and 3
Ans. (d)
The following items consist of two statements, One labeled the ‘Assertion A’ and the other labeled the Reason R. You are to examine these two statements carefully and decide whether the Assertion A and the Reason R are individually true and if so, whether the reason is a correct explanation of the Assertion. Select your answers to these items using the codes given below and mark your answer sheet accordingly:
9. Assertion (A) A writ petition of Habeas Corpus, once dismissed by the High Court on merits, can still be entertained by the Supreme Court under Article 32 of the Constitution of India.
Reason (R): The principle of Res judicata does not apply to a writ petition for Habeas Corpus.
Ans. (d)
10. Assertion (A): In tort of negligence, the defendant must not only owe the plaintiff a duty of care, he must be in breach of it.
Reason (R): Negligence is the omission to do something which a reasonable man, guided upon by those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.
Ans. (a)
11. Which one of the following statements is correct?
Parliament can make a law with respect to a matter in the state list in the national interest if
(a) the President of India gives permission
(b) the Parliament passes a resolution
(c) a state makes a request
(d) the Rajya Sabha passes a resolution by a two-third majority
Ans. (d)
12. A recent decision of the Supreme Court of India is related to the issue of “domicile” in the state concerned for getting elected to the Council of States.
Which one of the following cases is associated with the above?
(a) Rameshwar Prasad Vs Union of India
(b) Kuldip Nayar Vs Union of India
(c) S.R Bommai Vs State of Punjab
(d) S. R. Chaudhary Vs Union of India
Ans. (b)
13. Matters pertaining to the validity of exercise of legislative power as distributed between the Union and the States under different lists are scrutinized with the help of which of the following principles?
1. Doctrine of Severability
2. Doctrine of Colourable Legislation
3. Doctrine of Eclipse
4. Doctrine of Pith and Substance
Select the correct answer by using the codes given below:
(a) 1 and 2
(b) 2, 3 and 4
(c) 2 and 4
(d) 3 and 4
Ans. (c)
14. Parliament does not have exclusive power to make any law with respect to which one of the following?
(a) Shipping and navigation
(b) Stock exchanges
(c) Trade and commerce in foodstuffs
(d) Insurance
Ans. (c)
15. Which one of the following is not correct?
(a) The Governor of a State may entrust to the Government of India, functions in relation to any matter to. which the executive power of the state extends
(b) The Governor of a state cannot entrust to the Government of India, functions in relation to any matter to which the executive power of the state extends unless there is consent of the Government of India
(c) The orders of Civil Courts are enforceable in the entire country
(d) Full faith and credit has to be given to every public act of every state
Ans. (b)
16. Law made by the Parliament with respect to any matter enumerated in State list, during proclamation of emergency under Article 250 of the Constitution of India, will cease to have effect in which one of the following conditions?
(a) When the proclamation of emergency has ceased to operate
(b) When it is repealed by the Parliament
(c) On the expiration of six months after the proclamation of emergency has ceased to operate
(d) On the expiration of cite year after the proclamation of emergency has ceased to operate
Ans. (c)
17. consider the following statements
1. A Constitutional amendment inserting a regulation in the Ninth Schedule can tie challenged on the ground of violation of basic structure theory.
2. Any legislation enacted by Parliament cannot be successfully challenged for affecting the basic structure theory.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans. (a)
18. Which one of the following is not an essential condition for appointment as a judge of the Supreme court?
(a) A citizen of India
(b) At least five years’ experience as judge of a High court or of two or more such courts in succession
(c) Must have completed 35 years of age
(d) At least ten years’ experience as an advocate of a High court or of two or more such Courts in succession
Ans. (c)
19. In which one of the following cases, the Supreme court heavily relied upon the Directive Principles of State Policy – contained under Article 48 of the constitution of India to uphold a state law which was challenged as a violation of Fundamental right to religious freedom?
(a) State of Gujarat Vs Mirzapur Moti Qureshi
(b) P.A. Inamdar Vs State of Maharashtra
(c) Forum, Prevention of Environmental and Sound Pollution Vs Union of India
(d) Sube Singh Vs State of Haryana.
Ans. (a)
20. Which one of the following has no relation to the theory of separation of power?
(a) Article 73 and 162 of the Constitution of India
(b) Asif Hameed Vs State of Jammu & Kashmir.
(c) Samsher Singh Vs State of Punjab
(d) Doctrine of basic structure
Ans. (c)
21. Match List-I with List-II and select the correct answer by using the codes given below the lists:
List-I List-II
(Judicial doctrine) (Case)
A. Doctrine of Waiver 1.Kaiser-i-Hind Pvt. Ltd. Vs NTC
B. Doctrine of Eclipse 2. Bhikaji Vs State of MP
C. Doctrine of Severability 3. Bashisher Nath Vs CIT
D. Doctrine of Repugnancy 4. State of f Bombay Vs FN Balsara
Codes:
A B C D
(a) 3 2 4 1
(b) 1 4 2 3
(c) 3 4 2 1
(d) 1 2 4 3
Ans. (a)
22. Consider the following statements:
In view of Article 20(3) of the Constitution of India, no person accused of an offence can be compelled to
1. give his signature or thumb impression for identification.
2. give oral testimony either in or out of the court.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans. (b)
23. Match List-I with List-II and select the correct answer by using the codes given below the lists:
List-I List-II
(Judicial Principle) (Case)
A. Limits of the reservation in public employment 1. Balaji Vs State of Mysore
B. Pardoning power of the Governor 2. M.C. Mehta Vs Union of India
C. Environmental protection 3. K.M. Nanavati Vs State of Bombay
Codes:
A B C
(a) 1 3 2
(b) 3 2 1
(c) 1 2 3
(d) 2 3 1
Ans. (a)
24. A public interest litigation is maintainable in which of the following cases?
1. A public interest litigation is filed contrary to the stand taken by those who were affected by the action.
2. If public interest litigation is filed on a subject which was the subject matter of an earlier writ petition.
Select the answer by using the codes given below:
(a) 1 only
(b) 2 only
(c) Both l and 2
(d) Neither 1 nor 2
Ans. (b)
25. The writ of mandamus can be issued in which of the following cases?
1. To the legislature against non-payment of minimum wages to some employees.
2. To a private degree college affiliated to a university created by a statute to implement the decisions of the university which was a condition for its affiliation
Select the correct answer by using the codes given below:
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans. (a)
26. Which one of the following judgments deals with service condition?
(a) Air India Vs Nargesh Mirza
(b) Javed Ahmed Vs State of Maharashtra
(c) Madhu Kishwar Vs State of Bihar
(d) Usman Vs State
Ans. (a)
27. In which one of the following cases, the Supreme Court had observed that if the Supreme Court and the High Court both were to be thought of as brothers in the administration of justice, the High Court has larger jurisdiction but the Supreme Court still remains the elder brother?
(a) Zahira Habibulla Sheikh Vs State of Gujarat
(b) Tirupati Balaji Developers (P) Ltd. Vs State of Bihar
(c) Hon’ble Shri Rangnath Mishra Vs Union of India
(d) Special Reference No. 1 of 2002
Ans. (d)
28. The legislature of State enacts a law prohibiting the use of loud speakers during night at public places and near educational institutions and religious places. In regard to the above, consider the following statements
1. Law is valid as it falls under the head “Public Health” provided in List II (7th Schedule) of the Constitution of India.
2. Law is valid as it falls under the head “Public Order” under List II (7” Schedule) of the Constitution of India.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans. (a)
29. Which court has jurisdiction to decide a dispute between Central Government and a State Government?
(a) Inter-State Council
(b) High Court under Article 226 of the Constitution of India
(c) Supreme Court under Article 143 of the Constitution. of
(d) Supreme Court tinder Article 131 of the Constitution of India
Ans. (d)
30. Which of the following Article (s) of the Constitution of India is/are exceptions to the Fundamental Rights enumerated in the Article 14 or Article 19?
(a) Article 31 A only
(b) Article 31 C only
(c) Article 31A and Article 31C both
(d) Neither Article 31A nor Article 31C
Ans. (c)
31. Which one of the following can not be described as malicious prosecution?
(a) Criminal proceeding
(b) Money recovery proceeding
(c) Bankruptcy proceeding
(d) Liquidation proceeding
Ans. (d)
32. Consider the following statements:
In an action for malicious prosecution, the plaintiff must prove that the
1. plaintiff was prosecuted by the defendant.
2. prosecution ended in the plaintiffs favour.
3. defendant acted without reasonable and probable cause.
Which of the statements given above are correct?
(a) l and 2
(b) 2 and 3
(c) 1 and 3
(d) 1, 2 and 3
Ans. (d)
33. Consider the following statements
It is necessary for false imprisonment that
1. a man’s person must be touched.
2. the person should be placed under restraint.
3. the imprisonment may be made while the person is conscious or not.
Which of the statements given above are correct?
(a) 1, 2 and 3
(b) 1 and 2
(c) 2 and 3
(d) 1 and 3
Ans. (c)
34. The defendant did not remove the snow and ice accumulated on his roof as a result of severe snow storm and not warned the public of its presence. The plaintiff standing on the highway outside the defendant’s premises is injured by fall of snow. The plaintiff claimed damages. Which one of the following statements is correct? The defendant is:
(a) liable in nuisance as he did not remove the snow
(b) liable in negligence as he failed to warn the public
(c) not liable as the snow storm was an act of God
(d) liable in nuisance and negligence both as he did nothing to abate nuisance
Ans. (c)
35. Consider the following statements:
In an action for nuisance, the defendant can not take an effective defense of
1. prescriptive right to commit nuisance
2. public good
3. acts of third party
Which of the statements given above are correct?
(a) 1, 2 and 3
(b) 2 and 3
(c) l and 3
(d) l and 2
Ans. (b)
36. Which one of the following statements is correct?
The standard of care generally used in case of negligence is
(a) the skill and care of a qualified person
(b) the skill and care of an average person of prudence and competence
(c) the care taken by an intelligent and prudent man
(d) the foresight and judgment of an adult man
Ans. (b)
37. Consider the following statements related With the liability for a joint act
1. The joint tort-feasors may be sued jointly or severally
2. Damages may be levied on all Or either
3. The joint tort-feasors can claim contribution
Which of the statements given above are correct?
(a) 1 and 2
(b) 2 and 3
(c) 1, 2 and 3
(d) 1 and 3
Ans. (a)
38. Which one of the following statements is correct?
All persons are joint tort-feasors,
(a) who did or join in the commission of a wrongful act
(b) whose acts result in one damage
(c) who committed one and the same act
(d) who encouraged others to commit wrongful act
Ans; (c)
39. Which one of the following statements is not correct?
(a) Joint tort-feasors are jointly and severally liable for the whole damage resulting from the ton.
(b) If sued jointly, the damages may be levied from all or either.
(c) To constitute a joint liability, the act complained of may neither be joint nor separate.
(d) The joint liability arises when one person employs another to do an act which turns out to be a ton.
Ans. (c)
40. Consider the following statements:
In ton of defamation, the words must be defamatory For this purpose,
1. the statement should be read as a whole
2. the words must be given their natural and ordinary
3. the impression should be gathered from first reading.
4. the impression should be gathered on reading the statement not on later analysis.
Which of the statements given above are correct?
(a) 1, 2 and 3
(b) 2, 3 and 4
(c) 1, 2, 3 and 4
(d) 1 and 4
Ans. (d)
41. Consider the following circumstances:
A sent a telegram to B for the shipment of goods. The telegraph company mistakenly delivered it to C. C sent the goods to A. A refused to accept the goods. C sued the telegraph company for damages.
Here,
1. C had no cause of action against telegraph company
2. C had cause of action against telegraph company
3. The telegraph company did not owe any duty to C
Which of the statements given above is/are correct?
(a) l only
(b) 2 only
(c) 1 and 3
(d) 3 only
Ans. (b)
42. Which one of the following principles has been laid down as the basis of liability in Rylands Vs Fletcher case?
(a) Fault, liability
(b) Strict liability
(c) Absolute liability
(d) Conditional liability
Ans. (b)
43. which of the following distinguishes section 34 of PC from section 149 IPC?
1. Section 149 creates a substantive offence whereas section 34 does not create an offence.
2. Section 149 requires common object whereas section 34 requires common intention.
3. Section 149 requires five or more persons whereas section 34 requires two or more persons.
Select the correct answer by using the codes given below:
(a) 1, 2 and 3
(b) l and 3
(c) 2 and 3
(d) l and 2
Ans. (a)
44 Which one of the following statements is correct?
The right of private defense under the Indian Penal Code is
(a) an equitable remedy
(b) a legal remedy
(c) a judicial remedy
(d) an extra judicial remedy
Ans. (b)
45. Match List-I with List-II and select the correct answer by using the codes given below the list:
List –I List -II
(Offence) (Case)
A. Criminal attempt 1. State of Maharashtra Vs. Mohd Yakub
B. Common intention 2. Virsa Singh Vs State of Punjab
C. Robbery 3. Barindra Kumar Ghosh Vs Ring Emperor
4. Madan Kandi Vs State of Orissa
Codes:
A B C
(a) 1 4 3
(b) 2 4 1
(c) 4 1 2
(d) 1 3 4
Ans. (d)
46. Consider the following statements:
A person abets the doing of a thing, who
1. instigates any person to do that thing.
2. intentionally aids, by any act or illegal omission the doing of that thing.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans. (c)
47. The case of R Vs Dudley and Stephens is known for its use as criminal defense, of:
(a) Necessity
(b) Self defense
(c) Good faith
(d) Mistake of fact
Ans. (a)
48. Which one of the following statements is correct?
Injury is any harm whatever illegally caused to any person in his
(a) body or mind only
(b) body, mind, reputation or property
(c) body or reputation only
(d) body or property only
Ans. (b)
49. Which one of the following statements is correct?
In sedition,
(a) the consequence is immaterial
(b) the consequence is material
(c) the consequence acts as a mitigating factor
(d) the consequence becomes material only if it is foreseen
Ans. (a)
50. Consider the following statements:
1. Every murder is culpable homicide
2. Every culpable homicide is murder
3. Every robbery is either theft or extortion
4. Every extortion is robbery
Which of the statements given above are correct?
(a) l and 3
(b) 2 and 3
(c) l and 4
(d) 2 and 4
Ans.(a)

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