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PROVISIONAL ANSWER KEY
Exam: LLM-AUG2021 Kerala CEE LLM 2021 Question Paper with Answers
Date of Test: 12-08-2021
Question1:-Sub silentio decision means
A:-Decision binding on all courts
B:-Decision made without application of mind
C:-Decision in ignorance of law
D:-Decision overruling earlier decision
Question2:-Who lays down the theory of prospective overruling
A:-Justice Cardozo
B:-Justice V. R Krishna Iyer
C:-Lord Denning
D:-Henry Hawkins
Question3:-Right available against the property of another person is
A:-Right in re aliena
B:-Right in re propria
C:-Property rights
D:-Right in rem
Question4:-Which of the following is an imperfect right?
A:-Right arising out of contract
B:-Right to physical integrity
C:-Right to reputation
D:-Time barred debt
Question5:-A right to the limited use of land unaccompanied by ownership or possession
A:-Lease
B:-Servitude
C:-Mortgage
D:-Licence
Question6:-Animus possidendi refers to
A:-Physical element constituting possession
B:-Evidence of ownership
C:-Mental element constituting possession
D:-Possession of material object
Question7:-The basic philosophy underlying sociological school of jurisprudence
A:-Law and its relation with state
B:-Evolution of law from primitive legal institutions
C:-Law is an instrument towards the fulfilment of justice
D:-The functional role of law and its effect on society
Question8:-The Concept of Law was written by
A:-H.L.A Hart
B:-John Austin
C:-Salmond
D:-Jeremy Bentham
Question9:-‘The proper end of every law is the promotion of the greatest happiness to the greatest number of people’, is the underlying principle of w
A:-Utilitarian theory
B:-Pure theory
C:-Natural law theory
D:-Realist Theory
Question10:-Who is the proponent of the principle that the basis of law is to be located in Volksgeist i.e. the people’s spirit or conscience, traditions, b
A:-Henry Maine
B:-Montesquieu
C:-Savigny
D:-Rousseau
Question11:-Father of Philosophical jurisprudence
A:-John Austin
B:-Salmond
C:-Jeremy Bentham
D:-Hugo Grotius
Question12:-If a piece of land is gifted to A for life and then to B , if B survives A. B’s right is a
A:-Contingent right
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B:-Vested right
C:-Absolute right
D:-Legal right
Question13:-The rights which exist independently of laws and government of every state
A:-Legal Rights
B:-Equitable Rights
C:-Personal Rights
D:-Natural Rights
Question14:-Choose the one which is not a proprietory right
A:-Land
B:-Chattels
C:-Goodwill of business
D:-Reputation
Question15:-Regulations made by municipal authorities are known as
A:-Rules
B:-Bye laws
C:-Orders
D:-Executive legislation
Question16:-Spes successiononis is a
A:-Vested interest in property
B:-Contingent interest in property
C:-The expectancy of an heir to succeed the property
D:-Beneficial interest in property
Question17:-Theory of balance of interest was propounded by
A:-Rudolf von Jhering
B:-Roscoe Pound
C:-Hohfeld
D:-Henry Maine
Question18:-Custom which is enforceable before a court of law
A:-Conventional custom
B:-Local custom
C:-Legal custom
D:-Family custom
Question19:-What is not essential of a valid custom?
A:-Antiquity
B:-Continuance
C:-Reasonableness
D:-Sanction by court
Question20:-Juristic personality is a fiction of law. This theory is known as
A:-Realist theory
B:-Fiction theory
C:-Theory of Enterprise Entity
D:-Purpose theory
Question21:-Which one is the co-relative of power according to Hohfeld’s jural concepts
A:-Liability
B:-Disability
C:-Immunity
D:-Privilege
Question22:-Among the following, which one is not an instance of mediate possession
A:-Possession acquired through an agent
B:-Possession held through a borrower
C:-Delivery of property as security for the repayment of debt
D:-Thing in possession of an owner
Question23:-Choose an example of immaterial forms of property
A:-Lease
B:-Licence
C:-Patents
D:-Usufructuary mortgage
Question24:-Among the following offences proof of mens rea is not required in
A:-Public nuisance
B:-Murder
C:-Theft
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D:-Extortion
Question25:-When language of law is defective, incomplete or ambiguous, the court may resort to
A:-Logical interpretation
B:-Literal interpretation
C:-Grammatical interpretation
D:-Mischief rule of interpretation
Question26:-Forty second amendment Act inserted the following word in the preamble
A:-Fraternity
B:-Republic
C:-Socialism
D:-Democracy
Question27:-Concept of Rule of law was evolved by
A:-Benjamin Cardozo
B:-A. V Dicey
C:-Rosco Pound
D:-Ivor Jennings
Question28:-Which of the following Directive principle of state policy can be enforced through a writ petition
A:-Equal pay for equal work
B:-Duty to raise standard of living
C:-Uniform civil code
D:-Distribution of ownership and control of the material resources of the community for common benefit
Question29:-Vice President of India is elected by
A:-Members of both Houses of Parliament
B:-Members of Rajya Sabha
C:-Members of Rajya Sabha and legislative Assemblies of states
D:-Members of Parliament and Members of Legislative Assemblies and Legislative councils of states
Question30:-Which article prohibits the employment of children below 14 years
A:-Article 24
B:-Article 21 A
C:-Article 23
D:-Article 38
Question31:-Religious freedom in India is subject to
A:-Sovereignty and integrity of nation
B:-Public order, morality and health
C:-Contempt of Court
D:-Defamation
Question32:-Freedom of press does not include
A:-Freedom of circulation
B:-Right to publish
C:-Freedom of expression
D:-Freedom from censorship
Question33:-Protection of interest of Scheduled Tribes is a ground of restriction imposed on the freedom of
A:-Movement
B:-Assembly
C:-Association
D:-Speech and Expression
Question34:-Judicial power to issue directions to the states to take positive actions with a view to secure Fundamental Rights of individuals through th
known as
A:-Judicial Activism
B:-Public interest Litigation
C:-Social Action Litigation
D:-Rule of law
Question35:-Dispute regarding the election of President shall be decided by
A:-High Courts
B:-Chief Election Commission
C:-Supreme Court
D:-Central Administrative Tribunal
Question36:-Which among the following directive principles ensures judicial independence
A:-No discussion in Legislature on the conduct of judge
B:-Power to punish for contempt
C:-Prohibition on Practice after retirement
D:-Separation of judiciary from the executive
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Question37:-Writ issued by the Court commanding a person or public authority to compel performance of some public duty is
A:-Habeas Corpus
B:-Quo warranto
C:-Mandamus
D:-Certiorari
Question38:-When there is a conflict between Union law and state Law
A:-State law would prevail
B:-Union Law would prevail
C:-Both law would become in effective
D:-Both law would prevail
Question39:-Which of the following is not a qualification for appointment of President of India
A:-Citizen of India
B:-Complete the age of 30 years
C:-Must not hold any office of profit
D:-Qualified for election as member of House of People
Question40:-Who can convene the joint sitting of both Houses of Parliament?
A:-Speaker
B:-President
C:-Deputy Speaker
D:-Prime Minister
Question41:-Respite means
A:-Temporary suspension of death sentence
B:-Reduction of the amount of sentence without changing its character
C:-Awarding lessor punishment on special grounds
D:-Substitution of one form of punishment for another
Question42:-Importance of concurrent list is that
A:-Both the union and States can make laws on the subjects enumerated there
B:-Only Union can make laws
C:-State alone can make law
D:-Union and state can make laws but only the union law would be valid and operative
Question43:-Fundamental duties are inserted to the Constitution by
A:-42nd Amendment Act
B:-44th amendment Act
C:-64th Amendment Act
D:-73rd Amendment Act
Question44:-Employees of the government hold office during the pleasure of the President is implicit in
A:-Doctrine of eclipse
B:-Doctrine of pleasure
C:-Doctrine of occupied field
D:-Colourable exercise of power
Question45:-A bill which is meant for abolition of tax is
A:-Financial bill
B:-Money Bill
C:-Ordinary Bill
D:-Bill involving expenditure
Question46:-Choose the incorrect statement about the attorney General of India
A:-Gives advice to government of India on legal matters
B:-Appear on behalf of the government of India before the SC and HCs
C:-He is a member of the cabinet
D:-Entitled to all Privileges and immunities as member of Parliament
Question47:-Which of the following is not true regarding Parliamentary privileges
A:-Absolute immunity is given to the members for anything said within the House
B:-Absolute immunity in respect of any vote given by the members in Parliament
C:-Parliament has the right to regulate its internal proceedings
D:-Freedom of Speech in the House is subject to Article 19 (2)
Question48:-Among the following who is holding an office of profit
A:-President
B:-Vice President
C:-Minister
D:-Chief Secretary
Question49:-Grounds of proclamation of national emergency does not include
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A:-War
B:-External aggression
C:-Internal disturbance
D:-Armed Rebellion
Question50:-Which one is not part of the freedom of Religion
A:-Freedom to profess, practice and propagate
B:-Freedom of Conscience
C:-Freedom to manage religious affairs
D:-Right to impart religious instructions wholly maintained by state
Question51:-Actus reus means
A:-Intention to do a forbidden act
B:-Act which is made punishable
C:-Intention of causing wrongful gain
D:-Design to do an act
Question52:-The fundamental principle of criminal law is involved in the maxim
A:-Audi alteram partem
B:-Damnum sine injuria
C:-Ignorantia juris non excusat
D:-Actus Non Facit Reum Nisi Mens Sit Rea
Question53:-Mens rea is not essential for the offence of
A:-Theft
B:-Extortion
C:-Murder
D:-Sedition
Question54:-Choose the incorrect one. Territory of a state includes
A:-Land
B:-Ships registered in India
C:-Air crafts registered in India
D:-Maritime territory
Question55:-Which one is not true regarding joint liability?
A:-Each of such person shall be liable
B:-There must have a common intention
C:-There must be at least Five or more persons
D:-Criminal act must be done in furtherance of common intention
Question56:-Doli incapax' not refers to Child offender
A:-Above 10 years and below 12years
B:-Above 7 years and below 12years
C:-Above 3years and below 10 years
D:-Above 5years and below 10 years
Question57:-57. Mc Naughten’s Rule is associated with
A:-Insanity
B:-Infancy
C:-Necessity
D:-Accident
Question58:-Agreement by two or more person to do an illegal act or a legal act by illegal means
A:-Abetment
B:-Criminal conspiracy
C:-Joint liability
D:-Unlawful Assembly
Question59:-Among the following which one is not defence in an action for defamation
A:-Fair comment
B:-Justification
C:-Absolute privilege
D:-Innuendo
Question60:-Taking or enticing away a married woman for the purpose of having sexual intercourse with her constitute the offence of
A:-Adultery
B:-Seduction
C:-Abduction
D:-Rape
Question61:-X voluntarily burns a valuable security belonging to Z intending to cause wrongful loss to Z. X has committed the offence of
A:-Mischief
B:-Trespass
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C:-Theft
D:-Extortion
Question62:-A obstructs a path along which Z has a right to pass, A not believing in good faith that he has a right to stop the path. Z is thereby preve
has committed the offence of
A:-Wrongful restraint
B:-Wrongful confinement
C:-Trespass
D:-Assault
Question63:-The rule in Durham v. United States is related to
A:-Drunkenness
B:-Necessity
C:-Unsoundness of mind
D:-Infancy
Question64:-Which one is not true about private defence
A:-Private defence can be availed for protecting one’s own body
B:-Private defence can be availed for protecting one’s own property
C:-Private defence can be used for causing harm to other person
D:-Private defence can be availed for protecting others body and property
Question65:-A person who votes in the name of another person whether living or dead, or in a fictitious name, or who having voted once at such elec
same election for a voting paper in his own name is to commit the offence of
A:-Personation at an election.
B:-Bribery
C:-Cheating
D:-Forgery
Question66:-A, a landholder, knowing of the commission of a murder within the limits of his estate, wilfully misinforms the Magistrate of the district tha
occurred by accident in consequence of the bite of a snake. A is guilty of the offence of
A:-Murder
B:-Abetment of murder
C:-Furnishing false information
D:-Giving false evidence
Question67:-A person who makes any false entry in any book or record, or makes any document or electronic record containing a false statement wit
appear in evidence in a judicial proceeding he may commit the offence of
A:-Forgery
B:-Fabricating false evidence
C:-Giving false statement
D:-Contempt of Court
Question68:-For constituting the offence of dowry death, death must be occurred
A:-Within 2 years of marriage
B:-Within 7 years of marriage
C:-Within 5 years of marriage
D:-Within 10 years of marriage
Question69:-Fracture or dislocation of a bone or tooth amounts to
A:-Hurt
B:-Grievous hurt.
C:-Culpable homicide
D:-Assault
Question70:-70. Unnatural offence is provided under section
A:-375 IPC
B:-360
C:-377
D:-380
Question71:-Person who , intends to take dishonestly any movable property out of the possession of any person without that person's consent, is sai
A:-Theft
B:-Extortion.
C:-Robbery
D:-Dacoity
Question72:-If a person cheats by pretending to be some other person, or by knowingly substituting one person for or another, or representing that he
person is a person other than he or such other person really is. He is committing the offence of
A:-Cheating
B:-Breach of Trust
C:-Furnishing false information
D:-Cheating by personation
Question73:-A person having lawfully entered into the property of another person , unlawfully remains there with intent thereby to intimidate, insult or
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or with intent to commit an offence, he is committing the offence of
A:-Mischief
B:-Cheating
C:-Criminal trespass
D:-House-trespass
Question74:-Choose the one which does not relate to bigamy
A:-Marriage again during the life time of the spouse
B:-If the first marriage is dissolved , the person is not guilty of bigamy
C:-If the other spouse has been continuously absent for a period of 7 years, the person is not guilty of bigamy
D:-Bigamy is not an offence ,it is only a ground for divorce
Question75:-A person who monitors the use by a woman of the internet, email or any other form of electronic communication commits the offence of
A:-Voyeurism
B:-Outraging modesty of woman
C:-Stalking
D:-Sexual harassment
Question76:-Every promise and every set of promises forming the consideration for each other is
A:-Contract
B:-Proposal
C:-Agreement
D:-Acceptance
Question77:-The principle that a stranger to the contract cannot enforce the contract is known as
A:-Frustration
B:-Privity of Contract
C:-Quasi contract
D:-Novation
Question78:-An agreement to pay part of the debt in lieu of the larger sum cannot be a consideration for the discharge of the whole debt. This is know
A:-Future consideration
B:-Rule in Pinnel’s case
C:-Privity of contract
D:-Past consideration
Question79:-A promise to deliver a chattel in lieu of the sum due but the chattel’s worth is smaller than the amount due. The Promise is
A:-Valid
B:-Void
C:-Voidable
D:-Unenforceable
Question80:-Identify the agreement which is void .
A:-Promise made in favour of near relation on account of natural love and affection
B:-Promise to compensate for past voluntary service
C:-Promise to pay time barred debt
D:-An agreement absolutely restraining legal proceedings
Question81:-Contract by minor person is
A:-Void abinitio
B:-Voidable
C:-Unenforceable
D:-Illegal
Question82:-Lucid intervals means
A:-Intervals of sound mind of an unsound person
B:-Intervals of unsound mind of a normal person
C:-When a person is under intoxication
D:-An unsound person is always incompetent to contract
Question83:-When consent of one party is fraudulently obtained by the other party to enter into a contract, the contract is
A:-Void
B:-Voidable
C:-Not voidable
D:-Valid
Question84:-Unlawful detaining or threatening to detain any property to the prejudice of any person with the intention of causing that person to enter
an act of
A:-Undue influence
B:-Coercion
C:-Mis representation
D:-Fraud
Question85:-An agreement of maintenance is
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A:-An agreement for aiding a party in civil proceedings by providing financial assistance
B:-An agreement to share the proceeds of litigation
C:-An agreement to frustrate an action against a criminal
D:-A trading agreement with an enemy
Question86:-An agreement absolutely restraining a party from enforcing his rights through a court of law
A:-Void
B:-Valid
C:-Voidable
D:-Unenforceable
Question87:-An agreement to pay prize on lottery is
A:-Contingent contract
B:-Wagering contract
C:-Unlawful contract
D:-Void contract
Question88:-When the contract is dependent or conditional upon the happening or non-happening of a certain future event is
A:-Future contract
B:-Contingent contract
C:-Quasi contract
D:-Unenforceable contract
Question89:-If a contract is one based on personal confidence or involve the exercise of personal skill, it shall be performed by
A:-The promisor himself
B:-Performed either by the promisor or agent
C:-Performed by the agent
D:-Performed by any other person
Question90:-When time is the essence of contract, non-performance of the contract in time
A:-The other party has the right to avoid the contract
B:-The other party is bound to accept the delayed performance
C:-Performance always need not be based on the terms of contract
D:-Delay in performance may be condoned
Question91:-Which one is an essential element of pledge
A:-Delivery of goods from one person to another
B:-To save the other person from the loss caused to him
C:-Contract should be in writing
D:-Pawnee can mix the goods with his own
Question92:-Quantum meruit means
A:-Injured party is entitled to recover the value of what he has done under the contract
B:-Injunction restraining the party from making a breach of contract
C:-Injured is entitled to recover compensation for the loss suffered
D:-Compensation for failure to discharge obligation
Question93:-A contract to perform the promise or discharge the liability of a person in case of his default
A:-Contract of Indemnity
B:-Contract of Guarantee
C:-Bailment
D:-Pledge
Question94:-Person pledging the goods is known as
A:-Pawnor
B:-Pawnee
C:-Surety
D:-Guarantor
Question95:-Duties of bailee does not include
A:-Duty to take reasonable care of the goods bailed
B:-Not to make unauthorized use of goods
C:-Duty to return the goods on fulfilment of purpose
D:-Bailee is entitled to the profits on the goods bailed
Question96:-Right of lien on goods bailed
A:-The bailee can retain the goods of the bailor
B:-Right of the bailor to demand return of goods
C:-Right of lien is not available to bailee
D:-After fulfilment of contract bailee should return the goods
Question97:-The maxim caveat Emptor means
A:-Hear the other side
B:-Buyer beware
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C:-Delegate cannot further delegate
D:-Things speaks for itself
Question98:-In a contract of sale, the stipulations collateral to the main purpose of the contract is called
A:-Condition
B:-Warranty
C:-Promise
D:-Agreement
Question99:-Bailment of goods as security for payment of debt or performance of a promise is known as
A:-Pledge
B:-Indemnity
C:-Guarantee
D:-Surety
Question100:-Repudiation of a contract by one party before the due date of its performance has arrived is
A:-Anticipatory breach
B:-Frustration
C:-Supervening impossibility
D:-Novation
Question101:-Sources of International law does not include
A:-International Conventions
B:-International custom
C:-General principles of law recognised by civilised nations
D:-Decisions of Municipal courts
Question102:-Who is called the father of law of Nations
A:-Oppenheim
B:-Starke
C:-Hugo Grotius
D:-John Austin
Question103:-The principle of international law that ‘parties to a treaty are bound to observe its terms’ related to
A:-Consent theory
B:-Theory of Positivism
C:-Theory of Fundamental Rights
D:-Pacta Sunt Servanda
Question104:-Protection of refugees against expulsion to a country where they fears persecution
A:-Principle of Non -Refoulment
B:-Diplomatic Asylum
C:-Territorial Asylum
D:-Extradition
Question105:-Which theory of international law maintains that international law and municipal law are essentially one
A:-Dualistic Theory
B:-Monistic Theory
C:-Transformation Theory
D:-Delegation Theory
Question106:-The formal acknowledgement by an existing member of the international community of a state or political group not maintaining official
A:-Succession
B:-Recognition
C:-Intervention
D:-Accession
Question107:-The territory of the state does not include
A:-Land
B:-Subsoil under the earth
C:-Air space over the territory
D:-High seas
Question108:-When a foreign vessel or person abroad violates the laws of the coastal state within its territory by acts in waters, the coastal state may
offending vessel beyond the limits of national jurisdiction in order to effect the arrest of the vessel which was known as
A:-Continental shelf
B:-Hot pursuit
C:-Cabotage
D:-Self-preservation
Question109:-The act of robbery on the sea or an armed violence at sea
A:-Piracy
B:-Terrorism
C:-War
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D:-Armed Robbery
Question110:-The Maxim Rebus Sic Santibus means
A:-Treaty obligations are binding and must be complied with
B:-Treaties become unenforceable with the fundamental change in circumstances
C:-A thing or property belonging to no one
D:-Common property owned by no one but subject to use by all
Question111:-The Reasons for terminating diplomatic mission include
A:-Recall of the envoy
B:-Death
C:-Revolutionary change of government in either state
D:-All the above
Question112:-A unilateral statement made by a state when accepting or ratifying a treaty to modify the legal effect of certain provisions in their State
A:-Ratification
B:-Implementation
C:-Reservation
D:-Negotiation
Question113:-Act whereby a state accepts the offer or the opportunity to become a party to a treaty already negotiated and signed by other states
A:-Ratification
B:-Implementation
C:-Reservation
D:-Accession
Question114:-Among the following, which one is not a permanent member of UN
A:-Britain
B:-France
C:-China
D:-Germany
Question115:-The Non-permanent members of the Security Council are elected for a period of
A:-5 years
B:-3 years
C:-2 years
D:-1 year
Question116:-The concept of collective security was started by
A:-UNO
B:-League of Nations
C:-Security Council
D:-ILO
Question117:- The Headquarters of ICJ is at
A:-New York
B:-Hague
C:-Switzerland
D:-Moscow
Question118:-Investigation of any dispute or situation which might international friction and to recommend methods for adjusting such dispute or the t
is the function of
A:-International court of justice
B:-Security council
C:-General Assembly
D:-Trusteeship Council
Question119:-Compulsory jurisdiction of ICJ shall not be with respect to disputes concerning
A:-Interpretation of treaty
B:-Breach of an international obligation
C:-Any question of international law
D:-Dispute which is not the concern of international law
Question120:-Asylum granted by a state on its territory
A:-Diplomatic Asylum
B:-Territorial Asylum
C:-Extradition
D:-Shelter
Question121:-Which one is not a reason for development of delegated legislation
A:-Subject matter of modern legislation is often technical
B:-Pressure upon Parliamentary time
C:-Prohibition on the Legislature to enact laws on technical matters
D:-Flexibility of delegated Legislation
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Question122:-Rule of law principle was evolved by
A:-Karl Marx
B:-Montesquieu
C:-Dicey
D:-Socrates
Question123:-Concentration of power in one person or group of persons is likely to result in tyranny and hence governmental powers should be veste
organs. This is the principle of
A:-Rule of Law
B:-Separation of Powers
C:-Delegated Legislation
D:-Administrative discretion
Question124:-Maxim Associated with sub delegation
A:-Audi Alterm partem
B:-Delegatus non potest delegare
C:-Qui facit per alium facit per se
D:-Damnum sine injuria
Question125:-Which one is not true about Administrative Directions
A:-Statutory power is not necessary for issuing directions
B:-Issued mainly to inform the people of the policy decisions of the government
C:-Can be made easily
D:-Administrative directions are enforceable
Question126:-Bias arises from monetary interest in the subject matter of dispute
A:-Personal bias
B:-Pecuniary bias
C:-Bias relating to subject matter
D:-None of these
Question127:-First requirement of fair hearing
A:-Notice
B:-Disclosure of evidence
C:-Right to legal representation
D:-Opportunity to rebut and cross examination
Question128:-Which one is not true about speaking orders
A:-Quasi-judicial authorities should give reasons in support of their decisions
B:-It is a safeguard against arbitrariness
C:-It is a part of natural justice
D:-It is not a part of natural justice principles
Question129:-When a statutory power granted for one purpose is used for a different purpose by administrative authorities it is
A:-Malafide
B:-Improper purpose
C:-Irrelevant considerations
D:-Abuse of Power
Question130:-The most efficacious method of judicial control of administrative action
A:-Injunction
B:-Declaration
C:-Damages
D:-Writs
Question131:-Supervisory jurisdiction of High Court is provided under
A:-Article 226
B:-Article 32
C:-Article 227
D:-Article 136
Question132:-The legal capacity of a person to initiate Court proceedings
A:-Locus standi
B:-Jurisdiction
C:-Fundamental Rights
D:-Public Interest Litigation
Question133:-Choose the correct statement
A:-Writ jurisdiction of Supreme Court can be invoked only after availing the writ jurisdiction of High Court
B:-Supreme Court jurisdiction under Art. 32 can be invoked even if there exist adequate alternative legal remedy
C:-Supreme Court can issue Writ against any private person
D:-Complicated questions of facts are not usually decided by the Courts in writ proceedings
Correct Answer:- Option-B
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Question134:-Which one is not a Private Law Remedy
A:-Injunction
B:-Declaration
C:-Damages
D:-Writs
Question135:-Name the writ which can be issued to quash the decision already taken by an authority
A:-Habeas Corpus
B:-Quo warranto
C:-Certiorari
D:-Mandamus
Question136:-All contracts by the Central Government must be expressed to be made by
A:-Prime Minister
B:-President
C:-Chief Secretary
D:-Minister of the Concerned Department
Question137:-Essential characteristics of promissory estoppel does not include
A:-Promise must be within the ambit of law
B:-Intention to enter into legal relationship
C:-The other party must do an act in furtherance of promise
D:-Promissory estoppel is available to the state when government is exercising constitutional or legislative power
Question138:-For instituting suit against the government or public official in respect of anything done by him in official capacity is possible,
A:-Only after expiration of two months’ notice
B:-Only after expiration of six months’ notice
C:-Only after expiration of three months’ notice
D:-Only after expiration of one months’ notice
Question139:-Which one is not in accordance with the constitutional safeguards to civil servants
A:-Civil servant shall not be dismissed or removed by an authority subordinate to that which he is appointed .
B:-Civil servants can be terminated from service by an order of the President or Governor
C:-Civil servants shall not be dismissed, removed or reduced in rank without giving them a reasonable opportunity of being heard
D:-Doctrine of pleasure is subject to fundamental rights
Question140:-When discretionary power is used in a malafide manner or for an improper purpose or in an unreasonable way , it is
A:-Abuse of discretion
B:-Non exercise of discretion
C:-Violation of fundamental rights
D:-Violation of legal rights
Question141:-Most fundamental attribute of private propety is
A:-Transferability
B:-Market value
C:-Ownership
D:-Possession
Question142:-Among the following which one is transferable
A:-Right to future maintenance
B:-Mere right to sue
C:-An easement apart from the dominant heritage
D:-Sale of property acquired from one’s earnings
Question143:-When a property is transferred subject to condition absolutely restraining further alienation of property
A:-Such condition will be void and transfer will take effect
B:-Condition and transfer will be void
C:-Condition and transfer will be valid
D:-None of these
Question144:-When a prior disposition is made to depend on a condition and it is provided that on the failure of prior disposition, the property goes to
instead of failing on failure of prior disposition, the ulterior disposition is accelerated . This is
A:-Doctrine of Election
B:-Doctrine of Cy pres
C:-Doctrine of acceleration
D:-Spes successionis
Question145:-Rights enjoyed by the owner of land is known as
A:-Easement rights
B:-Natural Rights
C:-Ownership
D:-Possession
Question146:-Essentials of a valid trust does not include
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A:-Intention to create trust
B:-Purpose of trust
C:-Trust property
D:-Need not mention the beneficiary
Question147:-One who possess all the qualities of ownership without being the owner is known as
A:-Ostensible owner
B:-Owner without title
C:-Trustee
D:-Agent
Question148:-The essential conditions for the application of the doctrine of holding out does not include
A:-Transfer is by ostensible owner
B:-Transfer is by consent of real owner
C:-Transfer is for Consideration
D:-Transferee has not acted in good faith to ascertain that the transferor has power to transfer.
Question149:-The concept of Lis Pendense is based on the maxim
A:-U lite pendente nihil innovetur
B:-Audi Alterm partem
C:-Delegatus non potest delegare
D:-Qui facit per alium facit per se
Question150:-Essential requirements lis pendense does not include
A:-There must be pending suit or proceeding
B:-Suit must be pending in a competent court
C:-Right of immovable property must be directly and specifically in question in that suit
D:-Lis pendense is intended for the benefit of the transferor
Question151:-The maxim quic quid plantatur solo solo cedit relates to
A:-Fixtures
B:-Waste
C:-Collateral benefits
D:-Eviction
Question152:-Transfer can only be made by a registered deed if the value of property is
A:-100/- and more
B:-1000/-
C:-500/-
D:-200/-
Question153:-Choose the incorrect one
A:-Contract of sale is merely an agreement for sale
B:-Contract of sale does not convey a legal title
C:-Contract of sale requires compulsory registration
D:-Contract of sale creates only a right in personam
Question154:-Right to catch and carry away fish
A:-Movable property
B:-Immovable Property
C:-Actionable claim
D:-Fixture
Question155:-If a document is not validly attested,
A:-Document is invalid
B:-It cannot be enforced in a court of law
C:-Option A and B is correct
D:-Option C is correct
Question156:-Living Person as per TP Act includes
A:-Company
B:-Association
C:-Body of individuals
D:-All the Above
Question157:-Rule against double possibility relates to
A:-Transfer of property for the benefit of unborn person
B:-Transfer of debt
C:-Restriction on Alienation
D:-Restriction on enjoyment of property
Question158:-Maximum period which property can be tied down as per Sec, 14 T.P Act
A:-21 years
B:-Life of the last preceding interest plus minority of the ultimate beneficiary
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C:-18 years
D:-Life time of one or more persons living
Question159:-Direction for accumulation of income from property must be limited to
A:-18 years
B:-21years
C:-Life time of the transferor
D:-During the life time of transferor or for a period of 18 years whichever is longer
Question160:-Transfer between living persons referred to as
A:-Conditional transfer
B:-Contingent transfer
C:-Transfer inter vivos
D:-Partition
Question161:-The term perpetual succession implies
A:-A company continues to live in spite of death, insolvency or incapacity of members
B:-Company has separate property
C:-Company entitled to hold shares
D:-Company has limited liability
Question162:-The liability of any member of the company is
A:-Limited to the extent of shares held by members
B:-Liability of members are unlimited
C:-Members are not liable
D:-Company alone is liable
Question163:-Which one is a ground for lifting the corporate veil of company?
A:-Using the corporate personality as an instrument of fraud
B:-When company is used as a cloak for doing an unlawful act
C:-When corporate personality is used to evade tax
D:-All the above
Question164:-Minimum paid up share capital of a private company
A:-One Lakh
B:-Five Lakhs
C:-Ten Lakhs
D:-Three Lakhs
Question165:-Among the following, which one is not a feature of private company
A:-Restrict transfer of shares
B:-Maximum membership is 200
C:-Prohibit the public to subscribe to shares
D:-Public can subscribe debentures of a private company
Question166:-A person aggrieved by the orders of National company Law Tribunal may file an appeal to
A:-Supreme court
B:-National Company Law Appellate Tribunal
C:-High Court
D:-Central Administrative tribunal
Question167:-A company comes into existence
A:-From the date of incorporation
B:-From the date of issuing certificate
C:-On the date of filing application for registration
D:-None of these
Question168:-The documents which contains the rules and regulations for the administration of a company is known as
A:-Memorandum of association
B:-Articles of Association
C:-Certificate of incorporation
D:-Prospectus
Question169:-Choose the incorrect statement
A:-National company law Tribunal is constituted by the Central government
B:-The President and members of the tribunal shall hold office for a period of 5 years
C:-The President of the Tribunal may resign from his office by notice to the Central government in writing
D:-Civil Court shall have no jurisdiction to entertain suits in respect of any matter which the Tribunal is empowered to determine
Question170:-If a person enters into a contract with the company which is not permitted by the memorandum of Association or Articles of Association
A:-Ultra vires act
B:-Intra vires act
C:-Voidable
D:-Not voidable
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Question171:-Doctrine of indoor management is an exception to
A:-Intra vires act
B:-Constructive notice
C:-Memorandum of association
D:-Articles of Association
Question172:-The capital which would be utilised at the time of liquidation of company
A:-Paid -up capital
B:-Subscribed capital
C:-Reserve capital
D:-Issued capital
Question173:-Which one is not a mode of acquisition of membership of a company
A:-Subscribing to the memorandum
B:-Allotment of shares
C:-On application to the Board of Directors of the Company
D:-By transfer of shares
Question174:-Amount that is required to be spent by a company under its corporate social responsibility activities
A:-At least 2% of their average net profits during the three immediately preceding financial years.
B:-At least 1% of their average net profits during the three immediately preceding financial years.
C:-At least 3% of their average net profits during the three immediately preceding financial years.
D:-As determined by the Corporate social responsibility committee of each company
Question175:-Name the authority which is responsible to investigate into matters of professional or other misconduct committed by auditors of compa
corporate
A:-National Financial Reporting Authority
B:-Comptroller and Auditor General of India
C:-National Company Law Tribunal
D:-Company Secretary
Question176:-An auditor of a Government company is appointed by
A:-Central Government
B:-Comptroller and Auditor General of India
C:-Board of Directors
D:-National Financial Reporting Authority
Question177:-When the Tribunal is authorised to call annual general meeting of the company
A:-When the company fails to hold the Annual General Meeting
B:-At the request of Board of directors
C:-On demand by the Central government
D:-At the request of shareholders
Question178:-The minimum number of directors of a public company
A:-2
B:-5
C:-7
D:-3
Question179:-Maximum number of directors that a company can have
A:-10
B:-7
C:-15
D:-20
Question180:-When the whole of undertaking and property of a company is transferred to a new company formed for the purpose of taking over the b
undertaking of the existing company is known as
A:-Reconstruction
B:-Transfer
C:-Amalgamation
D:-Winding up
Question181:-A statute which consolidates the provisions contained in a number of statutes as interpreted and applied by judicial decisions
A:-Penal statute
B:-Enabling statute
C:-Consolidating statute
D:-Repealing statute
Question182:-Where no ambiguity exists and the words used in the enactment are plain and can be given their ordinary meaning, the court must ado
A:-Golden Rule of interpretation
B:-Beneficial interpretation
C:-Literal interpretation
D:-Harmonious construction
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Question183:-When there is an apparent conflict between a special Act and a general Act
A:-General act would prevail
B:-Special act would Prevail
C:-Both Acts would prevail
D:-Both would not prevail
Question184:-Act which makes an addition or change to an original law so as to effect an improvement or to carry out more effectively the purpose of
A:-Repealing act
B:-Consolidating act
C:-Amending act
D:-Codification
Question185:-The notes often found printed at the side of the section to summarise the effect of that section is
A:-Short title
B:-Marginal notes
C:-Statement of object and reason
D:-Preamble
Question186:-The clause in a statute that removes all obstructions which might arise out of the provisions of any other law
A:-Waiver
B:-Non- obstante clause
C:-Repealing provision
D:-Exception
Question187:-Which of the following is not an intrinsic aid to interpretation
A:-Illustrations
B:-Heading
C:-Punctuation mark
D:-Foreign decisions
Question188:-Question of evasion is often considered by the court in
A:-Penal statutes
B:-Taxing statutes
C:-Welfare statutes
D:-Constitutional law
Question189:-An act passed to remove the existing doubt as to common law or the meaning or effect of any state is
A:-Enabling Act
B:-Temporary Act
C:-Retrospective Act
D:-Perpetual Act
Question190:-Where there are general words following particular and specific words, the general words must be confined to the things of the same k
is implicit in the principle of
A:-Harmonious construction
B:-Ejusdem generis
C:-Noscitur a sociis
D:-Golden Rule
Question191:-Injuria sine damno means
A:-Violation of legal right without causing damage
B:-Damage without infringement of legal right
C:-Act or omission
D:-If there is no violation of legal right, no claim for damages
Question192:-When two or more persons commit a tort acting in furtherance of a common design, they are
A:-Defendants
B:-Independent tortfeasors
C:-Joint tortfeasors
D:-Wrong doer
Question193:-The concept of sovereign immunity is
A:-State is not liable for the tort of its employees
B:-State is liable for the tort of is employees
C:-Neither the state nor the employees are liable
D:-Employees alone are liable
Question194:-The intentional application of force to another person without any lawful justification is
A:-Assault
B:-Battery
C:-Trespass
D:-False imprisonment
Correct Answer:- Option-B
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Question195:-Pigeon whole theory was propounded by whom
A:-Salmond
B:-Winfield
C:-Dicey
D:-Blackstone
Question196:-Ashby v. white is the landmark case relating to
A:-Violation of legal right without causing damage
B:-Necessity
C:-Act of God
D:-Nuisance
Question197:-An un expected injury which could not have been avoided in spite of reasonable care
A:-Mistake
B:-Negligence
C:-Inevitable accident
D:-Necessity
Question198:-Total restraint on the liberty of a person without any justification
A:-Assault
B:-Battery
C:-False imprisonment
D:-Deceit
Question199:-Which one is not an essential element of defamation
A:-Statement must be defamatory
B:-Statement must refer to the plaintiff
C:-Statement must be published
D:-Statement must refer to any relative of the plaintiff
Question200:-The maxim actio personalis moritur cum persona relates to
A:-Effect of death on subsisting cause of action
B:-Negligence
C:-Nuisance
D:-Damages