MAHA SET 2018 Question Paper 3 Law

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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.

1. Which of the following is not an 2. In the case of inconsistency between
laws made by Parliament and laws
essential feature of the Constitution
made by state legislatures, which
one of the following shall prevail ?
of India ?
(A) The law made by parliament
(A) Distribution of legislative before the law made by the
legislature of the State
powers between Union and (B) The law made by the
Parliament after the law made
State Government
by the legislature of the state

(B) Incorporation of policies which are (C) The law made by the
Parliament irrespective of the
fundamental in the Governance fact whether the law made by
the legislature of the State is
of the country before or after the law made by
the Parliament
(C) Specific Articles for defining (D) The law made by the legislature
of the State
various powers, privileges and
3. The ‘doctrine of eclipse’ has been held
immunities of each House of the apply only to :
(A) Post-Constitutional Laws
Parliament and its committees
(B) Pre-Constitutional Laws
(D) Specific Article for giving (C) Post-Constitutional Criminal
Laws
binding effect to the law
(D) Pre-Constitutional Criminal
declared by the Supreme Court Laws
3 [P.T.O.

4. Which of the following statements 5. Read Assertion (A) and Reason (R)
regarding Article 22 of the
and with the help of codes given
constitution are correct ?
below, point out correct explanation.
(1) The right conferred by the
Assertion (A) : The rights
Article protects persons against
arrest and detention. guaranteed under Article 19(1) are

(2) The right is guaranteed both to subject to reasonable restrictions

citizens and non-citizens. which may be imposed by the state

(3) The rights guaranteed under under Articles 19(2) to 19(6).

this Provision are applicable to
Reason (R) : The rights guaranteed
those arrested under laws
under Article 19(1) are not absolute.
providing for preventive
detention. Codes :

(4) The rights guaranteed under (A) (A) is correct, (R) is false
this provision are not applicable
(B) (A) is false, (R) is true
to enemy aliens.

Choose the correct answer from the (C) Both (A) and (R) are true but

codes given below : (R) is not correct explanation of

(A) (1), (2) and (3) (A)

(B) (1) and (4) (D) Both (A) and (R) are true and

(C) (1), (2) and (4) (R) is the correct explanation of

(D) (1) and (3) (A)

4

6. What is the correct chronological 8. Which of the following statements

sequence of the following advisory is correct ?

opinions given by the Supreme (A) Chief Election Commissioner
Court under Article 143. and State Election Commission
are Constitutional Authorities
(1) In re Special Courts Bill
(B) President of India is competent
(2) In re Berubari Union
to appoint Chief Election
(3) In re Delhi Laws Act
Commissioner and State Election
(A) 3, 2, 1 Commission

(B) 1, 2, 3 (C) State Election Commission is
under the control of Chief
(C) 1, 3, 2
Election Comissioner
(D) 2, 1, 3
(D) From the decisions of the State
7. The proclamation of emergency may Election Commission appeal
be declared if the President of India shall lie to Election Commission
is satisfied that a grave emergency of India
exists whereby the security of India
9. According to........., ‘‘Administrative
or of any part of the territory there law is the law relating to the
of threatened by : Adminsitration [which] determines
(A) War or external aggression the organisation, powers and duties
of administrative authorities’’.
(B) War or armed rebellion
(A) Dicey
(C) War or external aggression or
armed rebellion (B) Sir Ivor Jennings

(C) Griffith
(D) External aggression or armed
rebellion (D) Maitland

5 [P.T.O.

10. Find out which of the following 11. In which of the following cases the
distinction between quasi-judicial
statements is/are correct ?
and administrative decisions was
Statement (I) : The Indian perceptively mitigated and was held
that even an administrative order
Administrative law is basically
or decision in matters involving civil
common-law oriented as the
consequences, has to be made
Administration is subject to judicial consistent with the rules of natural
justice ?
control.
(A) Western India Watch Co. Vs Its
Statement (II) : It has also imbibed
Workers
some features of Droit Administratif (B) R.R. Verma Vs Union of India

which can be established in the light (C) State of Orissa Vs Dr. Binapani

of the acceptance of doctrines of Dei

(D) Mahabir Jute Mills Vs Shibben
‘‘legitimate expectation’’ and
Lai Saxena
‘‘proportionality’’ to some extent in
12. Writ of Mandamus cannot be issued,
Indian Administrative Law :
where a fundamental right is
infringed by :
(A) Both (I) and (II) are correct
(A) A Statute
(B) Both (I) and (II) are incorrect
(B) A Statutory Order
(C) (I) is correct but (II) is incorrect
(C) An Executive Order

(D) (I) is incorrect but (II) is correct (D) Private Body

6

13. Administrative Tribunals exercise 15. The Administrative Reforms Commission
after carefully evaluating the pros
..............functions.
and cons advocated the adoption of
(A) Purely Administrative the Ombudsman-type institution in
India way back in :
(B) Purely Judicial
(A) 1956
(C) Purely Legislative
(B) 1976

(D) Quasi-Judicial (C) 1966

14. In which of the following conditions (D) 1986

the Writ of Prohibition may be 16. According to Natural law theories,
in general..............is the source of
issued ?
law.

(A) Where there is absence or abuse (A) Legislation

of jurisdiction (B) Precedent

(B) Where there is violation of (C) Customs

(D) Morality
principles of Natural Justice
17. Doctrine of ‘lifting of corporate veil’
and fraud
is associated with :
(C) Where there is any kind of
(A) Corporate personality
contravention of the law of the
(B) Corporate management
land
(C) Corporate finance

(D) Both (B) and (C) (D) Corporate social responsibility

7 [P.T.O.

18. Austin described ‘ownership’ as a 21. The Supreme Court has asserted
‘right’..............over a determinate that Art. ................is the heart of the

thing. Fundamental Rights.

(A) 12
(A) Indefinite
(B) 19
(B) Unrestricted
(C) 21
(C) Unlimited
(D) 38
(D) All the above
22. The author of ‘The Enforcement of
19. In................., the Supreme Court of Morals’ is :
India adopted the doctrine of (A) Lord Devlin
prospective overruling. (B) Lord Lloyd
(A) Kesavananda Bharati case (C) H.L.A. Hart

(B) A.K. Gopalan case (D) Lon Fuller

(C) Golak Nath case 23. Which of the following is meaning
of the maxim ‘‘Actus me invite factus
(D) Maneka Gandhi case
non est mens actus’’.
20. According to Dias, ‘ratio decidendi’ (A) Merely a voluntary act by me
means the............... will not be a crime with a
criminal intention
(A) Reason for/of decision
(B) An act done by me against my
(B) Rule of law offered by the judge
will is not my act
as the basis of his decision
(C) Neither I nor my person can be
(C) Rule of law which others regard held liable for an act done under
as being of binding authority compulsion

(D) All the above (D) All of the above
8

24. Match List I with List II and select 25. According to Section 107, a person
the correct answer using codes given abets the doing of a thing when
below it : he :

List-I List-II (A) Instigates a person to commit
an offence
(a) Instigating a (1) Vicarious
(B) Engages with one or more
person to commit Liability
persons in a conspiracy to
an offence commit an offence

(b) Planning to (2) Abetment (C) Intentionally aids, by an act or
illegal omission, the doing of
commit a theft
that thing
(c) An unlawful (3) No offence
(D) All of the above
act without in itself
26. Which of the following is not main
criminal intention ingredients of principle of joint

(d) Liability for act (4) Strict liability under Section 34 of IPC.

of another criminal (A) A criminal act must be done by
several persons
liability
(B) The criminal act must be
Codes :
furtherance of common object
(a) (b) (c) ( d) (C) The criminal act must be to
(A) 2 1 4 3 further the common intention of
all and
(B) 2 3 4 1
(D) There must be participation of
(C) 3 4 1 2
all persons in furthering the
(D) 4 3 2 1 common intention
9 [P.T.O.

27. Which of the following is not an
30. Assertion (A) : Whoever, by words
essential element of Theft U/S 378
of IPC. either spoken or intended to be read
(A) Dishonest intention to take
or by signs or by visible represen-
property out of that person’s
possession tations, makes or publishes any
(B) The property must be moveable
imputation concerning any person
(C) Take possession with the
consent of owner intending to harm, or knowing or

(D) Moving property in order to having reason to believe that such
such taking
28. For conspiracy, the minimum imputation will harm, the reputation
number of person required is :
of such person.
(A) One
(B) Two Reason (R) : Imputation of truth

(C) Three which public good requires to be
(D) Five
made or published.
29. Culpable homicide is causing death :
(A) With the intention of causing (A) (A) is true but (R) is untrue
death
(B) (A) is true but (R) is not correct
(B) With the intention of causing
such bodily injury as is likely explanation of (A)
to cause death
(C) With the knowledge that by (C) (A) is untrue but (R) is correct
such act death is likely to be
explanation of (A)
caused

(D) All of the above (D) Both (A) and (R) are true

10

31. The Earth Summit held at Rio-de- 33. In the light of definition of

Janeiro, Brazil was on : ‘‘Environment pollutant’’ under the
Environment (Protection) Act, 1986,
(A) The control of Transboundary
which one of the following
Movements of Hazardous waste
statements is not correct :

(B) United Nations Conference on (A) Environment pollutant is any
Environment and Development substance or preparation which
may, by reason of its chemical
(C) United Nations Conference on
or physio-chemical properties or
the Human Environment
handling is liable to cause harm
(D) None of the above
(B) Environment pollutant is any

32. The CPCB (Central Pollution solid, liquid or gaseous
substance present in such
Control Board) is constituted under :
concentration as may be or tend
(A) S. 3(1) of the Environment
to be injurious to environment
(Protection) Act, 1986
(C) Environment pollutant is a
(B) S. 3(1) of the Water (Prevention substance, which is poisonous,

and Control of Pollution) Act, hazardous and injurious to
human safety
1974
(D) Environment pollutant is a
(C) S. 4(3) of the Environment
substance which is chemically
(Protection) Act, 1986
explosive cartagious, destructive
(D) S. 7(1) of the Air (Prevention or non-reactive and non-useful

and Control of Pollution) Act for the living being on earth

11 [P.T.O.

34. Acid rain has been increasing day 36. The Environment (Protection) Act,

by day due to : 1986 was enacted inter alia, to
implement the provisions of........... in
(A) Urbanisation India.

(B) Industrialisation (A) United Nations Conference on
the Human Environment held
(C) Increase in vehicle population at Stockholm

(D) None of the above (B) United Nations Conference on
Environment and Development
35. Which amongst the following is not (UNCED) known as Earth
Summit held at Rio de Janeiro
the policy document related to
(C) United Nations Conference on
environment protection ?
Sustainable Development held
(A) The Nation Forest Policy, 1988 at Johannesburg

(D) Basal Convention
(B) Policy statement for Abatement
37. The bio-medical waste is used to be
of Pollution, 1992
regulated in India by which of the
(C) The National Conservation legislation ?

(A) The Water (Prevention and
Strategy and Policy Statement
Control of Pollution) Act, 1974
on Environment and Develop-
(B) The Bio-Medical Waste
ment, 1992 (Management and Handling)
Rule 1998
(D) The National Policy Document
(C) The Air (Prevention and
for Sustainable Development
Control of Pollution) Act
and Conservation of Forest and
(D) The Environment (Protection)
Environment, 1967 Act, 1986
12

38. The ‘‘Cigarettes and other Tobacco 41. Which of the following statements
Products (Prohibition and
is correct ?
Advertisement and Regulation of
Trade and Commerce, Production, (A) All members of the United

Supply and Distribution) Act was Nations are ipso facto parties to
enacted in the year : the Statute of ICJ

(A) 2000 (B) A state which is not a party to
(B) 2003 the U.N. Charter cannot become

(C) 2009 a party to the statute of the ICJ

(D) 2001 (C) The ICJ has jurisdiction only in

39. When did the World Trade contentious cases
Organization come into force ?
(D) The judgements of ICJ are
(A) 1992
recommendatory in nature
(B) 1995
42. A refugee may not be repatriated to
(C) 1998
his state of origin if there is a risk
(D) 2000 of his death or persecution.
40. Which of the following organs of the
The aforesaid statement is known
United Nations has lost its relevance
as :
in the contemporary times ?
(A) Principle of non-refoulement
(A) Economic and Social Council

(B) Secretariat (B) Pacta sunt servanda

(C) Trusteeship Council (C) Rebus sic stantibus

(D) General Assembly (D) Opinio juris sive necessitatis

13 [P.T.O.

43. ‘‘General Assembly resolutions, even 44. Which of the following statements

if they are not binding, may is incorrect about recognition ?

sometimes have normative value.
(A) Recognition de facto implies
They can, in certain circumstances,
that there is some doubt as to
provide evidence important for
the long-term viability of the
establishing the existence of a rule
government in question
or the emergence of an opinio
(B) Recognition de jure follows
juris..........’’
where the recognizing state
In which of the following cases/
accepts that the effective control
advisory opinions, the aforesaid
displayed by the government is
observation was made by the ICJ ?
permanent

(A) Corfu channel case, 1949
(C) Recognition can only be given

(B) International status of South- in express terms, that is in the

West Africa case, 1950 form of an open and formal

(C) Libyan Arab Jamahiriya V. communications

Malta, 1985 (D) Recognized state gets rights of

(D) Legality of the Threat or use of suing in the municipal courts of

Nuclear Weapons, 1996 the recognizing state

14

45. Which of the following statements 46. Which of the following judgements
was nullified in effect by Muslim
is incorrect with respect to soverign
Women (Protection of Rights on
equality as per the 1970 Declaration
Divorce) Act 1986 ?
on Principles of International Law
(A) Daniel Latifi’s case
Concerning Friendly Relations and
(B) Shah Bano’s case
Co-operation among states in
(C) Sarla Mudgal case
accoradnce with the UN Charter ?
(D) Ayesha’s case

(A) States are juridically equal 47. A Shia male can contract a muta
marraige with :
(B) Each state enjoys the rights
(A) A Christian woman
interested in full sovereignty
(B) A Jew woman
(C) Each state may not have the
(C) A Muslim woman
right freely to choose and
(D) All of the above
develop its political, social,
48. The role of the delegates in the Parsi
economic and cultural systems
matrimonial disputes is to :

(D) Each state has the duty to (A) decide the applications

comply fully and in good faith (B) to assist the courts in

with its international obligation adjudication

and to live in peace with other (C) to verify the documents

states (D) to advise the parties

15 [P.T.O.

49. Match List-I with List-II and select
50. Which one of the following will not
the correct answer from the codes
be a ground for maintenance if a
given below it : Hindu wife lives separate from her
husband for a justifiable cause :
List-I
(A) Desertion
(a) Gita Hariharan Vs RBI
(B) Leprosy
(b) Daniel Latifi Vs UOI (C) Husband keeps a concubine
(c) Dastane Vs Dastane (D) Husband had huge debts
51. Khyal-ul-bulugh refers to :
(d) T. Saritha Vs Venkata Subbaih
(A) Dissolution of marriage
List-II
(B) Option of puberty by minor
(1) Cruelty as a ground of divorce woman on attaining majority

(2) Mother as a natural guardian (C) Wilful refusal to consummate
the marriage
even though the father is alive
(D) Lack of consent in marriage
(3) Restitution of conjugal rights
52. Doctrine of Relation Back results
(4) Constitutional validity of to :

Muslim Women (Protection of (A) Adoption of a son by a widow
under the authority of her
Rights on Divorce) Act, 1986
husband is deemed to have
Codes : been adopted on the day the
husband died
(a) (b) (c) ( d)
(B) The relation between the married
(A) (2) (1) (4) (3) couple to their forefathers

(B) (1) (2) (3) (4) (C) The alienation of property
becomes valid from the back
(C) (2) (4) (1) (3) date of alienation

(D) (1) (3) (4) (2) (D) None of the above

16

53. A guardian who has been deprived 54. Internationally which document for

of the custody of his wards, has the the first time adopted the words

following remedies open to him : ‘human rights’ ?

(A) UDHR
(1) Writ of habeus corpus within

the original civil jurisdiction of (B) ICCPR

a High Court (C) UN Charter

(2) Application to a Magistrate (D) League of Nations Covenant

under Section 97, 98 of Criminal 55. Assertion (A) : The Child Rights
Procedure Code 1973 Commission defines that any person

below 18 years is eligible to be
(3) Regular suit by guardian for
referred as a ‘child’ universally.
custody of the ward
Reason (R) : Different states in the
(4) No need to recourse to legal
world define the age of child
action
according to their own perspective.
Codes :
Codes :
(A) (1) and (2) only are correct
(A) Both (A) and (R) are true. (R)

(B) (1), (2), (3) are correct and (4) is the correct explanation

is incorrect (B) Both (A) and (R) are true. (R) is

(C) (3) and (4) only are correct not the correct explanation of (A)

(C) (A) is correct but (R) is wrong
(D) (2) and (3) only are incorrect

and (1) is correct (D) (A) is not correct but (R) is correct

17 [P.T.O.

56. In which year the League of Nations 59. From the below statements, which
adopted Geneva Declaration of the statement clearly defines the

Rights of Child ? distinction between ‘Vertical’ and
‘horizontal’ human rights ?
(A) 1936
(A) Economic, social and cultural
(B) 1926 rights are part of human rights
(C) 1928 (B) Group Rights are part of
Human Rights
(D) 1924
(C) Human Responsibilities are not
57. Which International Document
part of human rights
called for the establishment of
(D) Responsibilities of states under
National Human Rights Commission
international law of human
at the domestic level of a State ?
rights are part and parcel of
(A) Geneva Principles human rights

(B) Paris Principles 60. Which Section of the NHRC Act
cases the jurisdiction of both
(C) New York Principles
National and State Human Rights
(D) New Delhi Declaration Principles Commissions to inquire into the
violations of human rights after the
58. Who is the present High Commiss-
expiry of one year from the date of
ioner of UNHCR ?
occurrence ?
(A) Baw-ki-Noon
(A) Section 36
(B) Rud Lubbers (B) Section 37

(C) Filippo Grandi (C) Section 38

(D) Sadako Ogata (D) Section 30
18

61. In which case the Supreme Court 63. Match the List-I and List-II and

of India held that UDHR was not select the correct answer using the
codes given below it :
formed part of Indian Municipal Law.
List-I
(A) Raj Narayanan V. Union of (i) Salus populi suprema lex
India (ii) Respondent superior

(B) Maneka Gandhi V. Union of (iii) Damnum sine injuria

India (iv) Volenti non fit injuria
List-II
(C) A.D.M. Jabalpur V. Shivkant
(a) Plantiff is not entitled for
Shukla
compensation if he voluntarily
(D) Visakha V. State of Rajasthan taken the risk
(b) Held the master liable as all the
62. ‘‘A tort is a civil wrong for which the
acts done by the servant during
remedy is a common law action for employment are presumed to be
unliquidated damages and which is done by his master

not exclusively the breach of a (c) The welfare of the people is the
supreme law
contract or the breach of trust or
(d) If there is no infringement of
other nearly equitable obligation.’’
right, the plantiff is not entitled
The above definition has been for claim

prescribed by : Code :
(i) (ii) (iii) (iv)
(A) Dr. Winfield
(A) (c) (b) (d ) (a)
(B) Sir Frederick Pollock
(B) (c) (d ) (b) (a)
(C) John Salmond (C) (c) (b) (a) (d )

(D) Lord Denning (D) (b) (c) (d ) (a)
19 [P.T.O.

64. In case of defamation, which of the 66. The principal aims of law of torts
following is not required to be proved are :
by defend plaintiff ?
(a) Compensation of victims
(A) The statement is expressly
(b) Deterrence of wrong doers
communicated to plaintiff
(c) Restoration of original position
(B) The statement must be
defamatory (d) Punishment

(C) The statement must be refer to Which of the above option(s) is/are
the plaintiff correct ?

(D) The statement must be
(A) (a) and (b)
published
(B) (a) only
65. The doctrine of ‘res ipsa loquitur’ :
(C) (b) only
(A) shifts the burden of proving
negligence on the plaintiff (D) All the above

(B) does not shift the burden of 67. The composition of District Forum

proving negligence on the under the Consumer Protection Act,

plaintiff 1986 has been given under Section :

(C) shifts the burden of disproving (A) 10
negligence on the defendant
(B) 09
(D) does not shift the burden of
(C) 12
disproving negligence on the

defendant (D) 06

20

68. Which one of the following subject 70. A contract of sole under Section 4
of the sole of Goods Act, 1930
is within the purview of Consumer comprises of :

Protection Act ? (A) Both Executory and Executed
Contract of Sole

(A) Matters subjudice before civil (B) Executory contract of sole

(C) Executed contract of sole
courts
(D) None of the above
(B) Breaches of contract 71. Which Section of the Negotiable
Instrument Act, 1881 deals with
(C) Banking services ‘Inchohate Instrument’.

(A) Section 20
(D) Matters relating to Stamp and
(B) Section 21
Registration Acts (C) Section 18

(D) Section 19
69. The provisions relating to
72. To be appointed as a Director of a
Partnership before the Indian Company, he needs :

(A) To possess qualified shares of
Partnership Act, 1932 were in :
the company in which he is to
be appointed as director
(A) Sole of Goods Act, 1930
(B) Not be a shareholder unless he
wished to be one voluntarily
(B) English Partnership Act, 1890
(C) To possess a Director Identi-
(C) Indian Contract Act, 1872 fication Number (DIN) under
Section 154 (Section 152(3))

(D) Transfer of Property Act, 1908 (D) Except (A) all the remaining

21 [P.T.O.

73. A Portol Ballot, under Section 13(8) 74. Ascertained goods for the purpose of

read a long with Rule 32 of the Sole of Goods Act, 1930 means :

Companies (Incorporation) Rules (A) goods identified and agreed

2014, referred to pass a special upon at the time of contract of

sole is made
resolution to change the object

(B) goods identified in accordance
Clause of a company.
with the agreement after the
(A) by a company which has not
contract of sole is made
issued a prospectus
(C) goods identified before the
(B) by a company which has issued
contract of sole is made

a prospectus
(D) either (A) or (B) or (C)

(C) by a company which has not
75. Alternation in partnership

issued a prospectus except in the agreement has to be brought to the

case OPC and other companies notice of registration of firms with-

having members upto 200 (Rule in a period of :

27(16) of the companies (A) 100 days

(Management and Adminis- (B) 90 days

tration) Rules 2014 (C) 60 days

(D) Both (B) and (C) (D) 20 days
22

ROUGH WORK

23 [P.T.O.

ROUGH WORK

24