MAHA SET 2015 Question Paper 3 Law

Test Booklet No.
M
LAW
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2

LAW
Paper III

Time Allowed : 2½ Hours] [Maximum Marks : 150

Note : This paper contains Seventy Five (75) multiple choice questions. Each

question carries Two (2) marks. Attempt All questions.

2. Which among the following cases
1. The word “Union” was deliberately
relates to the recognition and aid to
selected by the Drafting Committees
rights of minority institution as
of the Constituent Assembly to
enshrined under the Indian
indicate :
Constitution ?
(A) To show unity of the states
(A) T.M. Pai Foundation Vs. State
(B) That the Indian Union is not
of Karnataka
the result of an agreement by
(B) T.M. Pandey Vs. State of
the states
Andhra Pradesh
(C) That the Indian Union is the

result of an agreement by the (C) The State of Rajasthan Vs.

states Excel Wear

(D) That the Indian System there (D) Kesavananda Bharati Vs.

is unity and integrity Union of India

3 [P.T.O.

3. The Supereme Court has observed 5. “The power to destroy is not a power

that, “Religion is certainly a matter to amend. The constitution confers
of faith with individuals or
only a limited power on parliament
communities and it is not
necessarily theistic. There are well to amend the Constitution.
known religions in India like
Parliament cannot therefore by
Buddhism and Jainism which do not
believe in God or in any intelligent exercising that limited power enlarge
cause.” This observation was made
in the case of.................... that very power into an absolute

(A) Bijoe Emmanuel Vs. State of power.” This observed by the
Kerala
Supreme Court in the case of
(B) Commissioner HRE Madras Vs.
Sri Lakshmindra ...................

(C) Ramesh Thaper Vs. State of (A) Indira Nehru Gandhi Vs. Raj
Kerala
Narain (1975)
(D) Maneka Gandhi Vs. Union of
India (B) Raghunath Rao Vs. Union of
4. Which of the following is not
India (1993)
directive principle as enshrined
under the Indian Constitution ? (C) Minerva Mills Ltd. Vs. Union of
(A) Free legal aid
India (1980)
(B) Right to work

(C) Right to Living Wage (D) L.C. Golak Nath Vs. State of

(D) Right to Life and Liberty Punjab (1967)

4

6. The Election Commission consists of 7. The President may refer any matter

to the Supreme Court for its
the Chief Election Commissioner

advisory opinion under Art. 143(1)
and such other Election
of the Constitution, when :
Commissioners. The Election
(A) It appears to the President that
Commissioners are appointed by :
a question of law or fact, is of

(A) President subject to the such public importance, that it

provisions of the law enacted by is expedient to obtain the

opinion of the Supreme Court
the Parliament

(B) When grave and emergency
(B) President at his discretion

situation has arisen
(C) Prime Minister of India
(C) When there is threat to the

(D) Prime Minister with the aid and
country

advice of the Council of
(D) When it is advised by the

Ministers Council of Ministers

5 [P.T.O.

8. Recent Constitutional Amendment 10. Which of the following is a case

provides for establishment of related to judicial review of
National Judicial Appointments
discretionary power ?
Commission (NJAC) which consists

of : (A) Ashby Vs. Whit

(A) President of India (B) Associated Provincial Picture

(B) Two eminent persons Hour Vs. Wednesbury

(C) Prime Minister of India Corporation

(D) Union Home Minister
(C) Ridge Vs. Baldwin

9. Which of the following is the
(D) A.G. of Hong Kong Vs. Reid
important reason for the evolution

of administrative law. 11. Which of the following is the writ

(A) Emergence of the concept of meant for protecting the personal

nationalism liberty of the individual ?

(B) Emergence of welfare state
(A) Prohibition

(C) Emergence of Globalization
(B) Mandamus
(D) Emergence of Constitutional
(C) Habeas Corpus
system of governance based on

written Constitution (D) Certiorari

6

12. Institutions established in India for 14. Which of the following is a ground

preventing a maladministration and for judicial review of administrative
corruption are : action, but not a ground for judicial

(A) Lokpal, Lok Ayukta and Lok review of legislation ?

Adalat (A) Violation of fundamental

(B) Lokpal and Lok Ayukta rights

(C) Lokpal and Lok Adalat (B) Violation of express Provision of

the Constitution
(D) Lokpal only

(C) Violation of fundamental rights
13. Which of the following are the
and express provisions of the
components of natural justice ?
Constitution
(A) Fair hearing, rule against bias
(D) Malafide
and reasoned decision

15. The decision Kraipak Vs. Union of
(B) Fair hearing and rule against
India is related to :
bias only

(A) Fair hearing
(C) Fair hearing and reasoned

decision only (B) Pecuniary bias

(D) Rule against bias and reasoned (C) Personal bias

decision only (D) Bias related to subject matter

7 [P.T.O.

16. Match the following : 17. Which of the following does not

conform to the Principle Rule of
(1) Rule Making (a) Quasi-Judicial
Law ?

(A) No person should be made to
Action Action
suffer

(2) Rule Decision (b) Quasi-Legislative (B) All things should be done
according to law and not
Action Action
according to whim

(3) Rule application (c) Definitive Duty (C) Absence of Arbitrary power

(D) Law is supreme and no one
Action
above law

18. Who defined ‘Delegated Legislation’
(4) Ministerial (d) Administrative
as “that which proceeds from any

Action Action authority other than the sovereign
power and is therefore dependent for
(1) (2) (3) (4) its continued existence and validity
on some superior or supreme
(A) (c) (a) (b) ( d) authority.”

(A) Austin
(B) (b) (c) (d ) (a)
(B) Jennings
(C) (b) (a) (d ) (c)
(C) Diecy

(D) (a) (b) (c) ( d) (D) Salmond

8

20. Who said wrongs are divisible into
19. Assertion (A) : A precedent is

public and private wrongs on the
purely constitute and in no degree
lines of public and private rights ?
abrogative.
(A) Blackstone
Reason (R) : A judicial decision can
(B) C.J. Fuller
make a law but cannot alter it.
(C) Winfield
Codes :
(D) Diecy
(A) Both (A) and (R) are true. (R)
21. Under which Section of the Indian
is the correct explanation of (A)
Penal Code selling goods marked

(B) Both (A) and (R) are true. But with counterfeit trademark or

(R) is not the correct property mark constitutes an offence

explanation of (A) against property ?

(C) (A) is correct and (R) is (A) Section 487

wrong (B) Section 489

(D) (A) is wrong and (R) is (C) Section 486

correct (D) Section 491

9 [P.T.O.

22. Who authored the book “A Theory 24. ‘A’, a flat-owner, lend his house to

Police Inspector ‘B’. ‘B’ while
of Justice” ?
investigating a criminal case take an
(A) Amartya Sen accuse to his flat for the purpose of

torturing him illegally and to get a
(B) Rawls
clue about case. He inform “A” about

(C) P.N. Bakshi the use of his flat for torturing a

suspected criminal illegally, but
(D) Benjamin Cordozo assure him that it is a routine

process of his department.
23. Which of the following categories of
In the present case, which of the
Section under Indian Penal Code
following statements is correct ?
need more than one person to
(A) ‘A’ was not guilty of abetment
constitute offence and offence can’t as he is not having any control

be committed by individual only ? on ‘B’.

(B) ‘A’ was guilty of abetment, only
(A) S.403, S.405, S.511
if he assist ‘B’ in torturing.

(B) S.302, S.376, S.377 (C) ‘A’ was not guilty of any offence

because he had not tender his
(C) S.34, S.120B, S.376D, S.391
consent.
(D) S.34, S.120B, S.292, S.307
(D) ‘A’ was guilty of abetment

10

25. In which of the following cases 26. In order to constitute the offence of

Supreme Court held that S. 377 of
“Mischief” u/s 425 of IPC, which one
IPC does not suffer from the vice of
of the ingredient is required.
unconstitutionality and declares

consensual sexual acts of adult in
(A) Knowledge and possession of

private violative of Art 14, 15 and
property goods necessary
21 of the constitution :

(A) Naz Foundation Vs. Union of (B) Dishonestly misappropriation

India and converting the property for

(B) Suresh Kumar Koushal Vs. Naz
one’s own use
Foundation AIR 2014 SC 563

(C) Destruction of the property
(C) Brother John Antony Vs. State

of Tamil Nadu (1992) Cr. LJ belonging to someone else

1352
(D) Dishonestly deceiving any

(D) Omkar Prasad Verma Vs. State
person and concealment of facts
of Madhya Pradesh AIR 2007

SC 1381 is necessary

11 [P.T.O.

27. In which one of the following cases 28. Which one of the following
has the criminal breach of trust been
ingredients is necessary for an
committed ?
offence of “Extortion” to be
(A) ‘A’ paid Rs. 10,000 to a
contractor for renovation of his constituted ?

old house within three months.
(A) Taking away the movable
But contractor neither
renovated the house nor property without the knowledge

returned the money. and without consent of owner

(B) ‘A’ and ‘B’ are travelling in a
(B) Taking away the movable
train on same berth. When ‘A’
property by amounting fear and
was sleeping ‘B’ took away all
the bags and baggages and injury

board out the train without the
(C) Taking away the movable
knowledge of ‘A’.
property by putting that person
(C) A postmaster received the
money from the depositor but in fear of instant death or

did not return the same at instant hurt
maturity in their post office
(D) Taking away the movable
account.
property by using any deadly
(D) ‘A’ and ‘B’ brothers went to
Mumbai to attain marriage, weapon or by causing grievous

while returning back, ‘B’ hurt or attempting to cause
secretly take a purse of ‘A’
death
having Rs. 5,000 from his bag.

12

29. ‘A’ with an intention of causing death 30. Which one of the following
incidences is not covered by any of
of ‘B’ did not provide him food and
the exceptions of S.499 of IPC ?

keep him at solitary place. Which (A) Remark about the public

one of the statements is correct with conduct of public servant

(B) Opinion about the conduct of
respect to the act of ‘A’ ?
any person touching any public

(A) ‘A’s act is merely a negligence question

(C) Expressing opinion on merit of
as he is not providing food
case decided by court of conduct
(B) ‘A’s act is not amount to murder of witnesses and other
concerned
as he is not using any weapon
(D) Indirect imputation about the
or instrument
caste and calling of any

(C) ‘A’s act amounts to attempt to person

31. In which year has the Stockholm
commit murder
Conference on Environment taken

(D) ‘A’s act only amounts to inflict place ?

(A) 1984
harm to ‘B’ which amounts to
(B) 1972
causing grievous hurt,
(C) 1975
harassment and illegal torture
(D) 1990

13 [P.T.O.

32. What is the expansion of GEMS ? 34. Whose Report has brought the

concept of “Sustainable development”
(A) Global Environment Monitoring
was the main focus of Environmental
System
Law ?
(B) Global Environment Mechanic
(A) Nardu Plata Report
System
(B) Hardew Burtland Report
(C) Global Environment Master
(C) Arvind de Pareto Report
System

(D) Clinton Report
(D) Systematic Management of

35. In which year was the Department
Global Environment

of Environment converted as
33. In which year was Biological
Ministry of Environment and
Diversity Act enacted by India ?
Forests ?
(A) 2000
(A) 1980
(B) 2001
(B) 1985

(C) 2002
(C) 1990

(D) 2004
(D) 1987
14

36. The problem of the pollution of river 37. The term Environmental Pollution

has been defined under which
Ganga by the inaction of the
Section of the Environmental
municipalities was brought to light
Protection Act, 1986 ?

in which of the following cases ?
(A) 2C

(A) Indian Council for Environment (B) 2B

Legal Action Vs. Union of (C) 2D

India (D) 2A

38. Which movement laid the
(B) A.P. Pollution Control Board Vs.
foundation for the Protection and
M.V. Nayudu
Preservation of Environment in

(C) S. Jagannath Vs. Union of India ?

(A) Chilka Lake Movement
India

(B) Ganga Cleaning Movement
(D) M.C. Mehta Vs. Union of
(C) Bhopal Gas Victims Movement

India (D) Chipko Movement

15 [P.T.O.

39. Assertion (A) : Supporters of realist
40. The rise of decolonisation process in

theories argue that the real
the form of the ‘clean state’
importance of international law lies
Principles refers to :
in the validity of its claim to be law.

Reason (R) : That it is accepted as (A) New states acquiring redefined

a major influence on international territory

politics is enough to justify the
(B) De facto states which are yet to
existence of International law.
be recognized by the
Using the codes below give the

international community
correct answer.

Codes : (C) New states acquiring

(A) (A) is correct, (R) is wrong
sovereignty free from
(B) (A) is wrong, (R) is correct
encumbrances created by the
(C) (A) and (R) are correct and (R)
predecessor sovereign
is the correct explanation of (A)

(D) (A) and (R) are correct and (R) (D) All states recognized by the

is not correct explanation of (A)
International Community

16

42. Columbia Vs . Peru Case deals
41. According to British practice,

with :
condition precedent to grant De Jure

(A) Asylum
recognition is :

(B) Extradition
(A) A reasonable assurance of

(C) Innocent passage
stability and permanence

(D) Continental shelf

(B) The government should
43. In which one of the following cases

command the general support
did the ICJ refrain from giving its

of the population
Final Judgement ?

(C) It should be able and willing to (A) Nuclear tests case

fulfil the international (B) Corfu Channel case

obligations (C) Right of passage case

(D) All of the above (D) Frontier Dispute case

17 [P.T.O.

44. A member of the UN can be
46. As per Section..........................., any
suspended from the exercise of the

rights and privileges of membership marriage solemnised, whether
by the :
before or after the commencement
(A) General Assembly

(B) Security Council of the Hindu Marriage Act, 1955,

(C) General Assembly on the shall be voidable and may be
recommendations of Security

Council annulled by a decree of nullity, inter

(D) Security Council on the alia , on the ground that the
recommendations of General

Assembly marriage has not been consummated

45. Which is the second most important
owing to the impotence of the
function of WTO ?
respondent ?
(A) Implementation of the WTO

agreement
(A) 12(1) (a)
(B) Negotiating a dispute with

parties (B) 12(1) (b)

(C) Interpreting the Legal Rules
(C) 12(1) (c)
and Regulations

(D) Overseeing all trade disputes (D) 12(1) (d)

18

47. In which of the following cases, the 49. Match the List-I with List-II using

Apex Court held that it is desirable
the codes given below :
that “All marriages should be
compulsorily, registered in the State List-I List-II
where they are solemnized ?

(A) S. Nagalingam Vs. Sivagani (a) Voidable Marriages (i) Section 9

(B) Seema Vs. Ashwin Kumar
(b) Void Marriages (ii) Section 13
(C) Shanti Dev Berma Vs. K.P.
Devi (c) Restitution of (iii) Section 12

(D) Vishnu Prakash Vs. Sheela Devi
Conjugal Rights
48. Assertion (A) : Break down of
marriage as such is not a ground for
(d) Divorce (iv) Section 11
divorce.

Reason (R) : It may result into an Codes :
easy way of dissolution of marriage
and shall result into instability in (a) (b) (c) (d)
the society.
(A) (iii) (iv) (i) (ii)
Codes :

(A) Both (A) and (R) are correct (B) (iv) (iii) (ii) (i)

(B) (A) is correct but (R) is incorrect
(C) (iv) (i) (iii) (ii)
(C) Both (A) and (R) are incorrect

(D) (R) is correct but (A) is wrong (D) (iii) (ii) (i) (iv)

19 [P.T.O.

50. In case of an adoption of a male by
51. Under the Sunni Law, failing father,

a Hindu female, the adoptive mother
the guardian of the minor’s property

must be at least : are :

(A) Eighteen years older than the (I) The father’s father

person to be adopted (II) The father’s executor

(III) The paternal grandfather’s
(B) Twenty-one years older than

executor.
the person to be adopted

The correct order of priority is :
(C) Sixteen years older than the

(A) (I) (II) (III)
person to be adopted

(B) (II) (I) (III)

(D) Twelve years older than the
(C) (III) (II) (I)

person to be adopted
(D) (III) (I) (II)

20

52. In......................,the Supreme Court 53. Read Assertion (A) and Reason (R)
and with the help of codes given
below, point out the correct
held that Section 9 of the Hindu
explanation :
Assertion (A) : The Supreme Court
Marriage Act, 1955 is not violative of India in Mohd. Ahmed Khan Vs.
Shah Bano Begum has regretted
of Articles 14 and 21 of the that Article 44 of the Constitution
of India has remained a “dead letter”
as there is “no evidence of any
Constitution of India. official activity for framing a
common civil code for the country.”
Reason (R) : As uniform civil code
(A) Sarla Mudgal Vs. Union of
has still remained a distant dream
the Apex Court has continued to
India emphasise in John Vallamattom Vs.
Union of India that a common civil
code will help the cause of National
(B) Bimla Devi Vs. Ramesh Kumar
integration by removing the
contradictions based on ideologies.
(C) Saroj Rani Vs. Sudarshan Codes :
(A) Both (A) and (R) are true but
(R) is not a correct explanatory
Kumar
of (A)
(B) Both (A) and (R) are true and
(R) is a correct explanatory
(D) T. Sareetha Vs. Venkat
of (A)
(C) (A) is true but (R) is false
Subbaih
(D) (A) is false but (R) is true

21 [P.T.O.

56. Who was the first Chairperson of the
54. The United Nations Convention on
United Nations Commission on
the Rights of the Child came into
Human Rights ?
force in the year :
(A) John Humphrey

(A) 1969
(B) Henry Dunant

(B) 1979 (C) Mrs. Eleanor Roosevelt

(C) 1989 (D) Kofi Anan

57. Which of the following Supreme
(D) 1959
Court decisions dealt with right

55. The United Nations Convention against solitary confinement ?

against Torture was adopted by the (A) Govind Vs. State of MP

United Nations in the year : (B) Sunil Batra Vs. Delhi

Administration
(A) 2003

(C) Prem Shankar Shukla Vs. Delhi
(B) 1984
Administration

(C) 1966 (D) Charles Shobhraj Vs. Suptd.,

(D) 2006 Central Jail

22

58. Upon which of the following cases 60. The International Convention on

did the Supreme Court place the Rights of the Persons with

reliance on CEDAW and proceeded Disabilities (CPRD) was adopted by

to lay down guidelines ?
the United Nations in the year :

(A) Vineet Narain Case
(A) 2003

(B) D.K. Basu
(B) 1989

(C) Vishaka Case
(C) 1966

(D) Hussainara Khatoon’s case
(D) 2006
59. The Chairperson of National Human
61. Who was the first Chairman of the
Rights Commission or its members
National Human Rights
shall be removed from his office only
Commission of India ?
by order of the :

(A) Justice A.S. Anand
(A) President

(B) Justice Rangnath Misra
(B) Prime Minister

(C) Chief Justice of India (C) Justice A.M. Ahmadi

(D) Chief Justice of any High Court (D) Justice V.R. Krishna Iyer

23 [P.T.O.

62. Tort is defined as a civil wrong for 64. Mental condition of the wrong doer

at the time of wrong doing :
which remedy is an action for : (A) Relevant in all torts
(B) Relevant to torts based on
(A) Unliquidated damages faculties
(C) Relevant to torts based on strict
(B) Liquidated damages liability
(D) not relevant in tortious liability
(C) Damages of all kinds 65. Read Assertion (A) and Reason (R)
and with the help of codes given
(D) Liquidated and unliquidated below select correct answer :
Assertion (A) : No action lies for
damages
mere damage caused by some act
which does not violate any legal
63. The maxim res ipsa loquitur is a rule
right.
Reason (R) : An action lies for
of :
interference with another’s legal
private right even where it causes
(A) Evidence
no actual damage.
(A) (A) is true but (R) is false
(B) Criminal law
(B) (A) is false but (R) is true
(C) Both (A) and (R) are true
(C) Refutal of evidence
(D) Both (A) and (R) are true and
(R) is the correct explanation
(D) Vicarious liability
of (A)
24

66. Read Assertion (A) and Reason (R) 67. Match the List-I with List-II and

and with the help of codes given select the correct answer using the
codes given below the lists :
below point out the correct
List-I List-II
explanation : (Legal Maxims) (Meaning of

Maxims
Assertion (A) : The mental element
(a) Ubi jus ibi (i) Infringement
in defamation is not required in a
remedium of private legal
civil action. right without

damage or loss
Reason (R) : The mentional
(b) Scienti non (ii) Where there is
element is not mentioned in Indian fit injuria a right, there is

Penal Code. remedy

(c) Damnum sine (iii) Harm suffered
Codes : injuria without

knowledge
(A) Both (A) and (R) are true and
(d) Injuria sine (iv) Damage or loss
(R) is the correct explanation
damnum without

of (A) infringement

of legal right
(B) Both (A) and (R) are true and
Codes :
(R) is not the correct (a) (b) (c) (d)

explanation of (A) (A) (ii) (iii) (i) (iv)
(B) (i) (ii) (iii) (iv)
(C) (A) is true but (R) is false (C) (iii) (i) (ii) (iv)
(D) (ii) (iii) (iv) (i)
(D) (A) is false but (R) is correct

25 [P.T.O.

68. In nuisance a defendant is liable to 70. In the Partnership Act, 1932, which

of the following partners are not
unusually sensitive plaintiff :

liable in relation to the firm ?
(A) Only in personal injury cases
(A) Partner by holding out

(B) Only in property injury cases
(B) Working partner

(C) Both in property injury and
(C) Subpartner

personal injury cases
(D) Partner by estoppel

(D) Not liable 71. A stipulation in a contract of sale

of goods whose violation by seller
69. Partnership requires :

gives a right of recession to buyer
(A) A written agreement
is called :

(B) An oral agreement
(A) Guarantee

(C) Could be inferred from the (B) Warranty

conduct of parties (C) Condition

(D) (A), (B) and (C) (D) Negotiation

26

72. Which one of the following is not a 74. In the Companies Act, 2013 the

maximum no. of members of Private
document of title to the goods ?
Ltd. Company has been changed
from 50 to :
(A) Railway receipt
(A) 75

(B) Wharfingers certificate (B) 100

(C) 125
(C) Warehouse keeping certificate
(D) 200

75. Assertion (A) : Every public
(D) Carriage of goods
company shall have at least three
and every private company at least
73. Under the Negotiable Instrument
two directors.

Act, a Bill drawn in favour of a Reason (R) : Directors are trustees
for the company and not for the
minor is :
individual shareholders.

Codes :
(A) Void
(A) (A) and (R) are true, but (R) is

(B) Valid but not negotiable not an explanation for (A)

(B) (A) and (R) are true and (R) is
(C) Valid an explanation for (A)

(C) (A) is true but (R) is false
(D) Voidable
(D) (R) is true but (A) is false

27 [P.T.O.

ROUGH WORK

28