Odisha CPET 2020 Question Paper LLM

COMMON P. G. ENTRANCE TEST – 2020

Test Booklet No. :

DEPT. OF HIGHER EDUCATION, GOVT. OF ODISHA
TEST BOOKLET

Subject Code 27 Subject LAW (LLM)

Time Allowed : 90 Minutes Full Marks : 70
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XL – 6/10 ( Turn over )

XL – 6/10 (2) ( Continued )

1. Jurisprudence is both a philosophy of law and a reflective study rules which form the
basis of concrete legal problems.Who said this?
(A) W. Friedman (B) P.J. Fitzgerald
(C) Roscoe Pound (D) John Austin

2. Which of the following cases made a new breakthrough in innovative jurisprudence
declaring airwaves as public property which has to be used in the best interest of the
society?
(A) Janata Dal vs. H.S. Choudhury
(B) Prem Shankar Shukla vs. Delhi Administration
(C) Secretary, Ministry of Information and Broadcasting vs. Cricket Association of Bengal
(D) Abdul Rehman Antulay vs. R.S. Nayak

3. The clause that “No person shall be prosecuted and punished for the same offence
more than once” which is based on the Common Law Maxim “Nemo debts bis Vexari”
is dealt by which provision of the Indian Constitution?
(A) Article 20 (1) (B) Article 20 (2)
(C) Article 20 (3) (D) Article 20(2) and 20 (3)

4. In which case the then Chief Justice of India, Hon’ble Sri Dipak Mishra told on liberty-
“The concept of Liberty has to be weighted and tested on the touchstone of
constitutional sensitivity, protection and the values it stands for. It is the obligation of
the constitutional courts as the sentinel on quivive to zealously guard the right to liberty
of an individual as the dignified existence of an individual has an unseparable
association with liberty” ?
(A) Shakti Vahini vs. Union of India (B) K.S. Puttaswamy vs. Union of India
(C) Joseph Shine vs. Union of India (D) Navtej Singh Johar vs. Union of India

5. Which one of the following is true?
Indian Penal Code applies to –
(i) Offences committed within India by any person, whether he be a citizen of
India or a non-citizen
(ii) Offences committed outside India by an Indian Citizen
(iii) Offences committed on a ship or aircraft registered in India, whether it
may be, by any person, citizen of India or non-citizen
Choose the correct answer
(A) (i) only (B) (ii) only
(C) (i) & (ii) only (D) (i), (ii) & (iii)
XL – 6/10 (3) ( Turn over )

6. To attract the application of Section 34, which of the following condition(s) must exist ?
(i) A criminal act must be done by several persons.
(ii) There must be a common intension of all to commit that criminal act.
(iii) There must be participation of all in the commission of the offence in
furtherance of common intension.
Choose the correct answer
(A) (i) and (ii) only (B) (i) and (iii) only
(C) (ii) and (iii) only (D) (i), (ii) and (iii)

7. The documents are :
(A) Caricature
(B) Words printed, lithographed or photographed
(C) A map and an inscription on a stone
(D) All of these

8. A disputed handwriting can be proved :
(A) By calling an expert
(B) By examining a person acquainted with the handwriting of the writer of the
questioned document
(C) Comparison of the two, admitted and disputed documents
(D) All of these

9. In Geeta Hariharan vs. Reserve Bank of India, the constitutional validity of which
Section of the Hindu Minority and Guardianship Act was challenged ?
(A) Section 5 (B) Section 6 (1)
(C) Section 8 (3) (D) Section 13

10. Under Section 125 Cr.P.C. no wife shall be entitled to receive any maintenance from
her husband if :
(i) She is living in adultery
(ii) If, without any sufficient reason, she refuses to live with her husband
(iii) If they are living separately by mutual consent
Choose the correct answer.
(A) (i) only (B) (ii) only
(C) (i), (ii) and (iii) (D) None of these

XL – 6/10 (4) ( Continued )

11. In case of patent, quid pro quo stands for :
(A) Public or perish
(B) Monopoly granted for the term of patent
(C) Granting license to others
(D) Transfer of technology

12. Where a patent application is filed with provisional specification, complete
specification shall be filed within —— .
(A) 12 months (B) 15 months
(C) 18 months (D) 24 months

13. A transfers property to B for life and after his death to C and D, equally to be divided
between them or to the survivors of them. C dies during life of B. D survives B. At B’s
death the property shall :
(A) Pass to D
(B) Pass to any person
(C) Pass to person who is specifically named in transfer
(D) None of these

14. Transfer by ostensible owner is provide under which Section of the Transfer of Property
Act :
(A) Section 38 (B) Section 39
(C) Section 40 (D) Section 41

15. In case of public Company, the minimum number of directors is :
(A) 1 (B) 2
(C) 3 (D) 4

16. The name of the company can be changed by :
(A) An ordinary resolution
(B) A Special resolution
(C) The approval of the Central Government
(D) A special resolution and with the approval of the Central Government

17. Which case explains the maxim injuria sine damno ?
(A) Donoghue v. Stevenson (B) Ashby v. White
(C) Rylands v. Fletcher (D) Rookkes v. Banard
XL – 6/10 (5) ( Turn over )

18. In an action for false imprisonment the plain must prove :
(A) Complete deprivation of liberty (B) Knowledge of restraint
(C) The detention must be unlawful (D) All of these

19. The principle held in Carlill v. Carbolic Smoke Ball Co.(1893) is based upon :
(A) Invitation to offer (B) Intention to create legal obligation
(C) General offer (D) Offer when complete

20. Executed consideration means :
(A) An act which has been done in response to positive promise
(B) An act which would be done in response to positive promise
(C) Both the parties has performed their respective obligation
(D) None of these
21. In which case for the first time the Supreme Court laid down that the Preamble to the
Indian Constitution was an integral part of the Constitution?
(A) In Re Berubari Union and Exchange of Enclaves
(B) S.R. Bommai vs. Union of India
(C) A.K.Gopalan vs. State of Madras
(D) Keshavananda Bharati vs. State of Kerala

22. The Citizenship Act, 1955 was amended for the last time in the year :
(A) 2017 (B) 2018
(C) 2019 (D) 2020

23. Which of the following is true about the Natural Law?
(i) Natural law is promulgated not by legislation, but by teaching.
(ii) Natural law is a body of higher law in subordination to which all human
laws must be made and not merely a brooding omnipresence in the skies.
(iii) Natural Law is a concept of merely value helping mankind to control its
political destiny, liberties, human rights and fundamental freedoms from
all omnipotent police states, legislatures and dictators.
Choose the correct answer.
(A) (i) only (B) (i) and (iii) only
(C) (ii) and (iii) only (D) (i), (ii) and (iii)
XL – 6/10 (6) ( Continued )

24. After which case, Article 14 and 21 assumed new dimensions especially after the
introduction of due process in Indian Constitutional Jurisprudence by making the
doctrine of natural justice an effective sword and shield both against executive actions
and legislative inroads against life and liberty of a person?
(A) A.K.Gopalan vs. State of Madras
(B) Maneka Gandhi vs. Union of India
(C) Keshvananda Bharati vs. State of Kerala
(D) A.K. Kraipak vs. Union of India

25. In which case a five-judge bench of the Supreme Court set at rest all the conflicting
decisions by holding that “the prolonged delay in execution of death sentence does
not automatically entitle the accused to a lesser sentence of life imprisonment?
(A) T.V. Vatheeswaran vs. State of Tamilnadu
(B) Triveniben vs. State of Gujrat
(C) Sher Singh vs. State of Punjab
(D) Kehar Singh vs. Union of India

26. Which one of the following is the correct answer?
According to Section 107 of IPC, a person abets the doing of a thing when he :
(i) Instigates a person to commit an offence.
(ii) Engages with one or more persons in a conspiracy to commit an offence.
(iii) Intentionally aids a person by any act or illegal omission to commit an
offence or illegally omits the doing of an act which would prevent the
commission of the offence.
Choose the correct answer.
(A) (i) only (B) (iii) only
(C) (i), (ii) and (iii) (D) (ii) and (iii) only

27. Contents of documents may be proved :
(i) By secondary evidence
(ii) By primary evidence
Choose the correct answer
(A) (i) only (B) (ii) only
(C) Both (i) and (ii) (D) None of these

28. Admissions :
(A) Must be in writing (B) Must be oral
(C) Can be either oral or in writing (D) Must be oral and in writing both
XL – 6/10 (7) ( Turn over )

29. After which case, the Indian Parliament enacted the Muslim Women (Protection of
Rights on Divorce) Act in the year 1986 ?
(A) Shaban Bano vs. Imran Khan
(B) Md.Ahmed Khan vs. Shahbano Begum
(C) Bai Tahira vs. Hussain Fissalli
(D) MoideenKutty vs. Kunshikola

30. The Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act,
which was enacted to check the determination of sex of unborn child came to force in
the year :
(A) 1st January 1994 (B) 31st January 1995
(C) 1st January 1996 (D) 31st January 1996

31. Rights granted to a patentee are conditional. They are subject to conditions imposed
under which Section of the Patent Act, 1970 :
(A) Section 36 (B) Section 45
(C) Section 47 (D) Section 48

32. Absolute grounds for refusal of registration of trade mark has been provided under :
(A) Section 9 of the Trade Mark Act, 1999
(B) Section 10 of the Trade Mark Act, 1999
(C) Section 11 of the Trade Mark Act, 1999
(D) Section 12 of the Trade Mark Act, 1999

33. According to rule of Lis Pendens , ‘whosoever purchases a property during the
pendency of a suit is bound by the judgment that may be made against the person
from whom he derived title, even though such a purchaser was not a party to the
action or had no notice of the pending litigation.’ This has been held in :
(A) Shiv Shankarappa vs. Shivappa, (1943) Bom. 27
(B) Hari Bachhan Singh vs. Har Bhajan Singh, AIR (1975) P & H 205
(C) Lov Raj Kumar vs. Daya Shankar AIR 1986 Del 364
(D) Sanjay Verma vs. Manik Roy , A.I.R. 2007 S.C. 1332 at 1334

34. Spes-Succession under Transfer of Property Act includes which of the following ?
(A) Chance of an heir—apparent succeeding to an estate
(B) Chance of relation obtaining a legacy on the death of a kinsman or any other
mere possibility of a like nature
(C) Both (A) and (B)
(D) Neither (A) nor (B)
XL – 6/10 (8) ( Continued )

35. Which document defines the company’s relation with the outside world ?
(A) Prospectus (B) Memorandum of Association
(C) Article of Association (D) Statement in lieu of Prospectus

36. The Shares of a company may be issued at discounted price only among its Directors/
employees for consideration, other than cash. This is called :
(A) Sweet Equity Shares (B) Ordinary shares
(C) Preference shares (D) Stocks

37. Which is not a condition of liability for defamation ?
(A) The statement must be defamatory
(B) The statement must refer to the plaintiff
(C) The statement must be published
(D) The statement does not intend to defame

38. The doctrine of unintentional tort is commonly referred to as :
(A) Negligence (B) Negligence per se
(C) Strict liability (D) Absolute liability

39. Unilateral mistake has been provided under :
(A) Section 20 of the Indian Contract Act (B) Section 21 of the Indian Contract Act
(C) Section 22 of the Indian Contract Act (D) None of these

40. Section 73 of the Indian Contract Act is declaratory of common law as to damages.
This has been observed in :
(A) Pannalal Jankidas vs. Mohanlal AIR, 1951 SC
(B) Jamal vs. Moola Dawood Sons & Co. (1916) 1 AC
(C) Hadley vs. Baxendale (1854)
(D) Muralidhar Chiranjilal vs. Harishchandra Dwarkadas, (1962) 1 SCC

41. If I was asked to name any particular Article in the Constitution as the most
important - an Article without which this Constitution would be a nullity. I could not
refer to any other Article except this one. It is the very soul of the Constitution and the
very heart of it”. Referring to Article 32 who said this ?
(A) Dr.Rajendra Prasad (B) Dr.B.R. Ambedkar
(C) Jawaharlal Nehru (D) Alladi Krishnamurthy
XL – 6/10 (9) ( Turn over )

42. Which Article of the Constitution confers discretion on the Supreme Court to grant
special leave to appeal before itself, from any judgement, determination, sentence,
order passed or made by any court or tribunal in any cause or matter ?
(A) Article 131 (B) Article 133
(C) Article 136 (D) Article 141

43. Concept of Law of which Jurist belonging to Sociological School is of practical
importance which inspires Judges, legislators and jurists to mould and adjust law to
the needs and interests of the community?
(A) Roscoe Pound (B) Eugen Ehrlich
(C) Leon Duguit (D) Rudolf Von Ihering

44. “The rule of recognition exists as a complex but normally concordant, practice of the
courts, officials and private persons in identifying the law by reference to certain
criteria. Its existence is a matter of fact.’ -to whom we can attribute the statement ?
(A) John Austin (B) H. L.A. Hart
(C) Ronald Dworkin (D) Lon L Fuller

45. In Ramji Lal Modi vs. State of Uttar Pradesh, the constitutional validity of Section
295A IPC which deals with deliberate and malicious acts, intended to outrage religious
feelings of any class by insulting its religion or religious beliefs, was challenged on
the ground that it infringes the fundamental right to freedom of speech and expression
guaranteed under Article 19 (1) (a). In that case :
(A) The Supreme Court upheld the constitutional validity
(B) The Supreme Court declared Section 295A to be unconstitutional
(C) The Supreme Court refused to entertain the matter
(D) None of these

46. In Reg vs. Govinda where the distinction between culpable homicide and murder
was discussed, there was a difference of opinion between the Judges of the High
Court and the matter was referred to a third Judge, who was the third Judge ?
(A) Justice Melvill (B) Justice Knox
(C) Justice Shuarfuddin (D) Guddard C.J.

47. Facts which need not be proved by the Parties, include :
(A) Facts which have been admitted by the parties at or before the hearing
(B) Statements made on oath
(C) Any registered document
(D) Statements made in plaint or in written statement supported by affidavit.
XL – 6/10 ( 10 ) ( Continued )

48. Under Indian Evidence Act, a document required by law to be attested, can be proved
by calling :
(A) Both the attesting witnesses
(B) At least one of the attesting witness
(C) Any other person
(D) A legal heir of the attesting witness

49. Reliance symbol on products is :
(A) Service mark (B) Similar mark
(C) Product mark (D) Collective mark

50. Neighbouring rights has been defined under :
(A) Paris Convention, 1883 (B) Rome Convention, 1961
(C) Berne Convention, 1886 (D) WIPO Copyright Treaty, 1996

51. The concept of Global Depository Receipt has been incorporated under the
Companies Act, 2013 under which provision ?
(A) Section 39 (B) Section 40
(C) Section 41 (D) Section 42

52. ‘Increase of share capital of a company for the sole purpose of gaining control of the
company, where the majority share-holder is reduced to minority would amount to
oppression.’ In which case this has been held :
(A) Cable Net Ltd. & Others vs A.P. Aksh Broadband Ltd. & Others, 2010 SCC 719
(B) Shanti Prasad vs Kalinga Tubes Ltd. AIR 1965 SC
(C) P. Punniah vs Jeypore Sugar Ltd. AIR 1994 SC 2258
(D) Dale and Carrington Investment (P) Ltd. I. P.K. Prathapan (2004) 4 Comp. L.J.I
SC

53. What is vicarious liability?
(A) Vicarious liability imposes liability on an employer for the acts of his employees,
providing that the employer is also in some way to blame
(B) Vicarious liability refers to a situation where liability is imposed on one person
for the acts of another person
(C) Vicarious liability is an independent tort that creates a cause of action against
the employer of an employee who has committed a tortious act
(D) Where an employee commits a tort, vicarious liability provides that the employee
will not be sued, but his employer will be sued instead
XL – 6/10 ( 11 ) ( Turn over )

54. Which of the following is not a tort described as ‘trespass to the person’ ?
(A) Battery (B) False imprisonment
(C) Public nuisance (D) Assault

55. The finder of lost goods is :
(A) True owner of the goods against the whole world
(B) Best owner of the goods against the whole world except true owner
(C) Apparent owner of the goods
(D) None of these

56. Any agent, who on the payment of extra commission, guarantees the performance of
the contract by the third persons is known as :
(A) Auctioneer (B) Factor
(C) Broker (D) Del Credere Agent

57. For the application of the Doctrine of Territorial Nexus, there must be :
(i) A sufficient nexus between the state making the law and the object of law.
The nexus must be real and not illusory.
(ii) The liability sought to be imposed must be pertinent to that connection
Choose the correct answer.
(A) (i) only (B) (ii) only
(C) Both (i) & (ii) (D) None of these

58. In 2018, the Supreme Court in which landmark decision decriminalized all consensual
sex among adults, including homosexual sex.
(A) Navtej Singh Johar vs Union of India
(B) Shakti Vahini vs. Union of India
(C) Suresh Kumar Koushal vs Naz Foundation
(D) Naz Foundation vs. Govt. of NCT of Delhi

59. In K.M.Nanavati vs. State of Maharastra, the Supreme Court has extensively discussed
about :
(A) The law relating to provocation in India
(B) The law relating to disturbing religious assembly
(C) The provision relating to public nuisance
(D) The law relating to rash driving
XL – 6/10 ( 12 ) ( Continued )

60. Due execution of a document more than thirty years old, coming from proper custody
is a:
(A) Presumption of facts (B) Rebuttable presumption of law
(C) irrefutable presumption of law (D) Presumption of facts and law both

61. Choose the right answer from the key given below :
Whether a particular kind of property is stridhana or not, depends on
(i) the source from which the property was acquired
(ii) her status at the time of the acquisition, i.e. whether she acquired it during
maidenhood, coverture, or widowhood
(iii) the school to which she belongs
Key
(A) (i) only (B) (i) and (ii) only
(C) (ii) and (iii) only (D) (i), (ii) and (iii)

62. In which judicial decision, it has been held that there can be no copyright in an ides,
subject matter, theme, plot or historical or legendary facts ?
(A) Jagdish Prasad vs Parmeshwar Prasad, AIR, 1966, Pat 33
(B) Sahitya Prakashan vs Anand Kumar, AIR 1981, All, 2000
(C) R.G. Anand vs Delux Film, AIR, 1978, SC 1613
(D) Tulsidas vs Vasantha Kumari, 1991, Mad, 220
63. Section 38 of the Transfer of Property Act, 1882, has no application :
(A) To previous transfer where the transaction is still incomplete
(B) To succeeding transfer where the transaction is to be completed in future
(C) To perpetuity transfer
(D) None of these
64. In case a lease is made for a certain period mentioning that it is terminable before its
expiration, without mentioning at whose option ___________.
(A) Only lessee will have the option of termination
(B) Only lessor will have the option of termination
(C) The lease will be terminable only in case of mutual agreement
(D) Both lessor and lessee will have option of terminating the lease

XL – 6/10 ( 13 ) ( Turn over )

65. Any transfer or assignment by a company to all of its properties or assets to trustee
for the benefit of all its creditors shall be :
(A) Void (B) Voidable
(C) Valid (D) Enforceable

66. Which of the following can be transferred under the provisions of the Transfer of
Property Act, 1882 ?
(A) The right to mesne profits
(B) A decree for mesne profits
(C) A transfer of property to a prostitute for future cohabitation
(D) A sub-lease of a farm for the retail sale of opium

67. Which one of the following is not an exception to the rule of volenti non fir injuria ?
(A) A doctor amputates a limb of a patient to save his life
(B) Injury is caused while doing lawful act under a contract
(C) Injury is caused to a player in a football match
(D) Injury is caused while play-fighting with naked sword at a religious function.

68. The maxim Nemo dat quod non habet is provided under which Section of the Sale
of Goods Act, 1930 ?
(A) Section 27 (B) Section 28
(C) Section 29 (D) Section 30

69. ‘As a legal reformer interested in the reforms of law’ who among the following led
stress on the evaluative aspect of law based on the doctrine of utility to which law
ought to conform and he also called this as the science of legislation or the censorial
jurisprudence?
(A) Jeremy Bentham (B) John Austin
(C) Dennis Lloyd (D) Henry Maine

70. A few years back in which case the Supreme Court came across a question whether
referring to sex or calling for social acceptance of premarital sex amounts to
obscenity?
(A) RupanDeol Bajaj vs. K.P.S. Gill (B) S.P.Mallick vs. State
(C) State of Punjab vs. Major Singh (D) S.Khushboo vs. Kanniammal

XL – 6/10 ( 14 ) ( Continued )

SPACE FOR ROUGH WORK

XL – 6/10 (1,290) ( 15 ) LAW (LLM)