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Part - I: Constitutional Law and Current Affairs

1. The doctrine of "Basic Structure of the Constitution" was propounded by the Supreme Court of India in

A) Shankari Prasad v. Union of India, AIR 1951 SC 458

B) Golaknath v. State of Punjab, AIR 1967 SC 1643

C) Kesavananda v. State of Kerala, AIR 1973 SC 1461

D) Minerva Mills v. Union of India, AIR 1980 SC 1789

2. The President of India may make a proclamation under Article 356 as to the breakdown of constitutional machinery in a State.

A) When he is personally satisfied as to the circumstances.

B) When he is advised by the Prime Minister to do so.

C) When he is advised by the Union Council of Ministers.

D) When he receives a report from the Chief Election Commission.

3. The President of India, in the matters of appointment of Judges of a High Court:

A) Is not obliged to consult any judge of Supreme Court or High Court.

B) Is bound by the advice of the Governor of a State

C) Must give primacy to the opinion of the Chief Justice of India.

D) Is not bound to consult the Chief Justice of India.

4. Right to education has been included in the constitution by

A) 85th Amendment

B) 100th Amendment

C) 87th Amendment

D) 94th Amendment

5. The Constitution (85th Amendment) Bill, which was passed by the Parliament in 1994 provides for

A) Extension of President's rule in Jammu and Kashmir

B) Setting up of a new JPC

C) 69% reservation to the OBC' in Tamil Nadu and is to be included in the Ninth Schedule of the Constitution.

D) None of these

6. How many amendments have been carried out in constitution of India.

A) 109

B) 106

C) 99

D) 94

7. The tenure of Jammu and Kashmir Assembly is

A) 5 Years

B) 6 Years

C) 7 Years

D) None of the above

8. The attempt to suicide is no more punishable. Which section of the IPC was declared unconstitutional and hence void by the Supreme Court in April, 1994 ?

A) 302

B) 303

C) 304

D) 309

9. The newly elected President of USA Barack Obama belongs to which political party.

A) Republican

B) Democratic

C) Communist

D) None of the above

10. Since August 1994, the rupee has been made fully convertible in:

A) The capital account

B) The capital and saving account

C) The saving account

D) The current account

Part- II: Substantive Law

Commercial Law (Law of Contract and Company Law)

1. A contract entered into without 'Free Consent' is:

A) Void

B) Voidable

C) Valid

D) Illegal

2. Property insurance is a contract of:

A) Indemnity

B) Contingent contract

C) Wagering agreement

D) Guarantee

3. Creditor, on default by the principal debtor, can file suit against:

A) Secured property

B) Principal debtor alone

C) Surety and principal debtor;

D) All the above jointly.

4. A company is a Government Company only if:

A) All the shares of the company are held by Central or State Government;

B) At least 25% of Shares are held by Central or State Government;

C) Majority of Shares are held by Central or State Government or both;

D) Majority of Directors are appointed by the Central or State Government.

5. Annual general meeting of a company is to be held with a gap between two consecutive meetings of successive years;

A) Of not more than twelve month;

B) Of not more than twenty four months;

C) Of not more than fifteen months;

D) Any time but less than twenty four months

Family Law

1. Which of the following is valid marriage under the Hindu Marriage Act. 1955 ?

A) H, a male Hindu aged 35 marries W who is a deserted wife of B, who had filed a suit for divorce and suit is still pending

B) H, a male Hindu aged 36 marries a second wife with the consent of his first wife who has not been able to have a child for the last 10 years

C) H, a Brahmin Male aged 30, marries a Budhist girl aged 18

D) H, an idiot male Hindu aged 27 marries W, a Hindu female Lunatic

2. Which of the following is valid adoption under the Hindu Adoption & Maintenance Act, 1956?

A) H, a male Hindu aged 26 adopts a daughter aged 6

B) H, a male Hindu and his wife adopt a son aged 16

C) H, a male Hindu aged 40 adopted a son aged 5, after his natural born son migrated to the U.S.A.

D) H, a Hindu bachelor aged 25 adopts a son aged 3

3. Which of the following is Hindu under the Hindu Law?

A) A is born of Hindu father and Christian mother and brought up as a Christian

B) A is born of Hindu father and Budhist mother

C) A is born of Muslim father and Parsi mother'

D) A is born of Christian father and Muslim mother

4. Which of the following relatives will succeed to the Property of H, a Hindu male under the Hindu Succession Act 1956 after his death?

A) Daughter

B) Father

C) Brother

D) Sister

5. Which of the following is SAHI NIKAH (valid marriage) under the Mohammedan Law ?

A) M, a Mohammedan male aged 30 married W, a Muslim woman under¬going Iddat

B) M, a Mohammedan male aged 27, married W, a Muslim woman in a desert, without any witness

C) M, a Mohammedan male aged 35, married his wife's sister

D) M, a Mohammedan male aged 41, married W, a Muslim female aged 21 as second wife without the consent and against the wishes of his first wife

Law of Torts

1. The defence of Volenti non fit injuria is available in:

A) Rescue cases

B) Help cases

C) Negligence cases

D) Unlawful acts

2. The test of reasonable foreseeability was laid down in:

A) Re Polemis case

B) Donoghue v. Stevenson

C) Rylands v. Fletcher

D) Ashby v. White.

3. There is physical harm to the plaintiff in:

A) Assault

B) Defamation

C) Nervous shock

D) None of these

4. Malice/evil motive is relevant in:

A) Negligence

B) Defamation

C) Vicarious Liability

D) Nuisance

5. Tort is:

A) A wrong against the Society

B) Statutorily defined in the Limitation Act

C) A codified branch of law

D) A civil wrong based on the agreed obligations.

Legal Theory

1. Who observed that International Law is the vanishing point of jurisprudence?

A) Austin

B) Salmond

C) Starke

D) Holland

2. Identify the Jurist who defined Law as "the form of the guarantee of the conditions of life of society, assured by the states' power of constraint":

A) Roscoe Pound

B) Holmes

C) Ihering

D) Salmond

3. Realist theory of law emphasises on:

A) Social function of law

B) Human factors in law

C) Social criterion of validity of law

D) Essentiality of law for social life

4. According to Hohfield, the jural opposite of 'Power' in the context of his analysis of legal right in the wider sense is:

A) Liability

B) Disability

C) Duty

D) Immunity

5. Possession is said to be ownership on the defensive by:

A) Savingny

B) Salmond

C) Ihering

D) Gray

Public International Law

1. 'International Law may be defined in broad terms as the body of general principales and specific rules which are binding upon the members of the international community in their mutual relations'

A) Oppenheim

B) Lawrence

C) Brierly

D) Fenwick

2. 'The duties and rights of the States are only the duties and rights of men who compose them':

A) Kelsen

B) Westlake

C) Hall

D) Starke

3. 'A State is, and becomes an international person, through recognition only and exclusively':

A) Oppenheim

B) Anzilotti

C) Holland

D) Pitt Corbett

4. "The rebus sic stantibus doctrine is one of the enigmas of International Law" who said

A) Starke

B) Edward Collin

C) Oppenheim

D) Anzilotti.

5. 'From the theoretical point of view, the provision for applying 'the General Principles of Law' has been regarded as sounding the death-knell of positivism':

A) Lauterpacht

B) C.C.Hyde

C) Starke

D) Triepel

Indian Penal Code

1. P, a Pakistani, fires at A, an Indian, standing on the no-man's land. A runs and dies on the Indian territory:

A) P has committed no offence

B) P is liable for murder

C) P is liable for culpable homicide

D) P is liable for grievous hurt.

2. With an intention to kill B administers sugar mistaking it for arsenic:

A) P has committed no offence

B) P is liable for attempt to murder

C) P is liable for attempt to culpable homicide

D) P is liable for attempt to grievous hurt

3. P intentionally gives a sword cut to A. A subsequently dies of septic meningitis which developed on account of use of wrong remedies and neglect of treatment:

A) P is liable for murder

B) P is liable for culpable homicide

C) P is liable for grievous hurt

D) P is liable for simple hurt

4. P, a stoutly built man comes with a lathi in his hand. P picks up the bag of A who being weak person does not resist:

A) P is liable for theft

B) P is liable for robbery

C) P is liable for extortion

D) None of the above

5. P threatens A with a pistol and puts his hand in A's pocket which is empty:

A) P has committed no offence

B) P is liable for attempt to theft

C) P is liable for attempt to robbery

D) P is liable for attempt to extortion

Transfer of Property Act

1. Which of the following is a non-transferable property under the T.P.Act:

A) Actionable claim

B) Mortgagor's right to redeem

C) Lessee's right under the lease

D) Right of an occupancy tenant

2. The Supreme Court has held, that the rule of lis pendens equally applies to involuntary transfers, in the case of

A) Kedar Nath Vs. Sheo Narain AIR 1970 S.C. 1717

B) Narayana Rao Vs. Basavarajappa AIR 1956 S.C.727

C) Vidhyadhar Krishnarao Mungi Vs. Usman Gani Saheb AIR 1974 S.C.685

D) Beepathuma Vs. Velasari Shankra-Narayana Kadambolithaya AIR 1965 S.C.241

3. Where a mortgagor personally binds himself to repay; the mortgage money by a certain date and possession of the property is delivered to the Mortgagee, the mortgage shall be recognised as

A) Simple mortgage

B) English mortgage

C) Usufructuary mortgage

D) Anomalous mortgage

4. The Transfer of Property Act applies to transfers:

A) By operation of Law

B) By act of parties

C) By the Government

D) By parties who are muslims

5. The rule that every transaction involving transfer of property is to be treated as single unit is the basis of

A) The rule of apportionment

B) The rule of lis pendens

C) The rule of election

D) The rule of contribution

Industrial Disputes Act

1. The Industrial Disputes Act, 1947 aims at:

A) Providing social security benefits to the workmen

B) Regulating conditions of work in industries

C) Investigation and settlement of industrial disputes

D) Regulating the employment of women during certain periods

2. Retrenchment means:

A) Refusal by an employer to continue to employ a workman

B) Termination by the employer of the service of a workman for any reason whatsoever

C) Inability on the part of employer to provide employment to the workman

D) Voluntary retirement of a workman

3. The power of the Appropriate Government under Section 10 to refer industrial disputes for adjudication is:

A) An administrative power

B) Legislative power

C) Judicial power

D) Quasi-judicial power

4. Lockout is:

A) For trade reasons

B) An act on the part of employer taken to coerce or pressurise the labour

C) Not an intentional act

D) Not concerned with industrial dispute

5. Strike means:

A) Mere cessation of work

B) Cessation of work under common understanding

C) Cessation of work coupled with gherao of management

D) Slowing down production

Source: PU OCET 2009 Prospectus

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