AILET 2016 Question Paper LLM

ilffiililillliltfr
lrt I-rrr r rI Irrr-IIrtr rr-rr rrrrrrr rlll
I 2016
I LL.M. ADMISSION TEST - !
t I
T I
I I
t Duration : 90 Minutes T
t I Admit Card No. : I
I I
I Max. Marks :150 Answer Sheet No. : I
I a
I I
I I
I Questlon Booklet I
I Sl. No. I
I I
I INSTRUCTIONS TO CAND]DATES 30206 I
I I
II I
I
a 1. Nodaification ontheQLestion Pa@rcan be sought. Answerthe questions asthey are.
I
I 2. There ar€ in100themultiple choice objsctivs type questions ol one mark each which has to be I
I answsrod OMR sh€et. t
I 3. Candidates haveto indicatethecorrec'tanswer bydarkening on€ofthstour responses provided I
I in the OMR Sheet. Us€ ONLY HB PENCIL AND DO NOT USE BALL POINTNNKGEL I
I PEN I
! ThoExamnb:forthequestion,1/hereisTajMahallocated?"Thecorrec'tans:rver-rs(b). t
T
i (a) candidate hasto darkenthe mrresponding circle as indicated b€low: I
I Kolkata (b) Agra (c) Bhopal (d) Delhi I
I I
I RightMethod I
I wrong Melhods I
I I
I @oo@ @@o@ @@@@ @o@@ I
44. There one essay queslion
is rnarks which has to be answered separate sheet with a p€n. t
of 5() in
I Total marks src 5(). 1 I
ls. There no negative marking. I
lo. Answering the questions byany method otherthan the method mentioned above shallbe t
is

I considered inmrrect and no markswillbe awarded for the same. I
17. Morothan one responseto a question shall be counted as Zelo. T
lB. The candidate shallnot write anything on theAnswer Sheet otherthan the details required I
I and in the spaces provided tor. I
le. After the examination over, the candidate has to return the test booklet along with Answer I
is
I Sheet, to the invigilator. T
110. The use any unfair rneans
of any candidate
by will the
resuh in cancellati)fl candidature.
of his / her I
111. lmpersonation is an offenc€ and the candidate, aparl from disqualiticatlon, may have I
I to tace criminal prcaeculion. T
112. No electron
cente.,
ic aadgets like moblle phone or calculator will be permltled inside the te€t I
I I
lr I rr r I r r r r rt lr rt r r r r I r - l I r r lr rrr r la t

{ MMTII

,.Ia(, ,

I

|ilililtrilillllllllllll
PART _ I

'1. In the landmark judgment of National LegalServices Authority (NALSA) V. Union of
India, Supreme Court while declaring transgender people to be a'third gendel
ooserveo
,(a) the Constitution of India will be equally applicable to transgender people
(b) the right to self-identification of their gender as male, female or third-gender
(c) reservations to be given in admissions to educational institutions and jobs
(d) all of the above

2. Recently Union of India Vs. Sriharan dealt with
(a) Compensation
(b) State power ol remission
(c) Restitution
(d) Probation

3. Which Article ot the Indian Constitution deals with the suability of the Union of India ?
(a) Article 100
(b) Arricre 200
(c) Article 300
(d) Arricle 330

4. Which of the following is not correctly matched ?
(a) Article 153 - Oftice of Governor
(b) Article 156 - Term of the Governor
(c) Article 154 - Executive Authority of Governor
(d) Article '155 - Removal of Governor

5. A took his wife B to England for vacations. Due to some business emergency A had
to go back to his place of work immediately while leaving B in England owing to her
ill Fealth. A promised to pay B 300 Pounds per'week as maintenance during her
stay in England but failed to pay. lf A sued by B then
(a) A is liable for b(each of contract
(b) A is not liable because he cannot be presumed to have any intention to enter
into a contract with his wife B
(c) A is not liable because of lack of consideration on the part of B
(d) A is liable because a promise to one's wife result in a binding contract even in
the absence of a consideration for the promise

ilillltililtll lllllllllll

6. Which of the following cases are related to Doctrine of Eclipse ?
(a) Deep Chand V. State of UP
(b) State ol Gujlat V. Ambica Mills
(c) Dulare Lodh V. 3rd Additional District Judge
(d) All the above
provide lor the formation of a
7. Which ot the lollowing Constitutional Amendments
?
National Judicial Appointments Commission
(a) The Constitution (glh Amendment) Act' 2012
(b) The Constitution (981h Amendment) Act,2013
(c) The Constitution (99tn Amendrnen0 Act' 2014
(d) The Constitution (1oorh Amendment) Act,20'15

8. According to the Supreme Court a person belonging to,non reserveo class
or any
transplanied by adoption or marriage or conversionolher.voluntary act to a
family belonging to reserved clasi does not become eligible to the benefits of
'16(4) ol the Constitution in
reservation elth6r under Article 15(4) or
(a) Indra Sawheny V Union of lndia
(b) Kumari Madhuri Patel V Additional Commissioner Tribal Development
(c) Valsamma Paul V Cochin University
(d) M.D. KesekarV. Vishwanth Pandu Barde
on grounds of exceeding its
9. When a writ is issued to an inferior court or tribunaljustice,
jurisdiction or acting contrary to the rules of natural it is called a writ of

(a) Certiorari
(b) Mandamus
(c) Quo Warranto
(d) Habeas Corpus
'10. Assertion (A) : By amendment, Preamble cannot destroy the basic feature of the
Constitution.
Beason (R): The power to amend does not include the power to abrogate the
. Constitution.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not a correct explanation o{ A
(c) A is true but R is false
(d) A is false but R is true

ilililililIilflililt|
1 1. Language to be used in the Supreme Court and in the High Courts and for Acts,
Bills etc. in the Legislaturo shall be
(a) Hindi
(b) English
(c) Hindi or English
(d) None of the above

12. The appointment ot only lady principals or lady teachers in a Women's College
(a) Violative of Article '14
(b) ls not violative of Article 14
(c) Violative subjecl to condilions
(d) None of the above
13. The concept of judicial review was bo(owed from the Constitution of
(a) Britain
(b) France
(c) USA
(d) None of the above

14. In which of ihe following States ol India is Article 31 of the Indian Constitution
applicable even atter it was deleted by the 44th Amendment Act ?
(a) Jammu and Kashmir
(b) Himachal Pradesh
(c) Sikkim
(d) Arunachal Pradesh

15. Common intention under Sec. 34 implies
(a) Similar intention
(b) Pre-ananged planning
(c) Presence of common knowledge
(d) Common design for common obiect

16. Admiralty jurisdiction does not extend over
(a) Otfences committed on Indian ships on the High seas
(b) Offences committed on foreign merchant ships in Indian territorialwater
(c) Otfences committed on loreign warships in Indian territorialwater
(d) Piracy

rffinulil
17. The tetm 'offencs' as detingd in IPC means
(a) Any Act made punishable by the Fenal Code
(b) Any Act made punishablg by the Penal Cods or any special or local law' in
certain cases.
(c) Both (a) and (b)
(d) None of these
hold true
18. In cases of common int€ntion which of ths following statements "
otfences
(a) The members ol the mob are presumed to have common intention lor the
committed
(b) In cases excluding gang rape cases it is necessary tor the common intention to
' ' belhere lrom the beginning
(c) For establishing of common intention it is necessary to prove individual acts of
the accused bY direct evidonce
(d) In gang rape cases it is not nocessary tor the common intsntion to belhere lrom
' ' ttre- Ue"ginning, it can be developed it the last minute before committing ot the
otfence
ot promotion ?
19. ls it binding on tho part of a srate to make SC/ST reservation in matter
(a) Yes
(b) Sometimes
(c) Occasionally
(d) No

20. Good laith as perths delinition ot IPC means
(a) An act, in fact done honestly
(b) An act done under bonafide bolief
(c) An act done with dus care and attention
(d) None ol the above
and
2'1. X enticed a minor gid G ol age 17 yeats 1 I month out oJ laM!l!.9'11;lianship
While G was
keot her with him in a hotel in another city and later on deserted her'
ro look for
i;ji;;; ;#;it;"i" oiirtit rt'r too( tter with him and to his
"itx ftom his house by the police
village
triiparints. G was tinally recov;reii
(a) Only M is guilty of kidnaPPing
(b) Only X is guilty ot kidnaPping
(c) Both X and M are guilty of kidnapping
(d) None of the above
-A

Ilfllltilltililtilil
22. ldenlity oI the rape victim must be protected. Which of the lollowing statements is
not true for the protection of the identity of a rape victim ?
(a) The judgments of the SC, HC and lower courts should avoid usino the name of
the victim and simply describe her as the victim
(b) The name of the victim should not be disclosed by the court unless it is absolutelV
unavoidable
(c) Publishing the photograph of the vjctim in the newspaper is an offence
(d) None of these

23. In which of the following cases did the Supreme Court overrule the judgment of
Delhi High Court and declared that Section 377 of lpC is not unconstitutional ?
(a) NAZ Foundation V. Government of NCT of Delhi
(b) Suresh Kumar Kaushal and another V. NAZ Foundation and others
(c) NAZ Foundation V. Union of Indla
(d) Naz Foundation V. Ram Lal and others

24. The correcl understanding of the offence of theft as defined in Sec. 378 lpCis
(a) The offence oftheft is committed the moment one takes into possession anothels
property
(b) Moving of property out of the possession of another without his consenr
(c) Dishonest taking of any movable property out of the possession of another
(d) None of the above

25. Which of the following is false about the presumption of innocence ?
(a) This holds good in all kinds of trials including criminal trial
(b) In this case the charge must be reasonably proved
(c) lt can be easily rebutted
(d) Graver the crime, greater will be the degree of doubt that is reasonaote

26. A struck his wjfe B on the head a single blowwith a roller pin. B fell down bteeding
from nose and became senseless. A thinking that B was dead hung herwith a piece
of rope from the ceiling which actually caused B,s death. A is guilty of
(a) Causing culpable homicide not amounting to murder
(b) Causing grievous hurt
(c) Murder
(d) None of the above
-7-

lfltillilulllilllllll

27. X instigates Z to murder Y. Z stabbed Y but Y recovers from the wound
(a) X is not guilty of abetment as desired result not obtained
(b) X is guilty of abetment to commit grievous hurt
(c) X is guilty of abetment lo commit murder
(d) None of these

28. 'B' and 'C' were on lhe railway platform 'B' has taken a licket from Allahabad lo
Delhi. 'B' an illiterate woman handed over the ticket to'C' in order to ascertain
whether she had a right ticket. 'C' under the pretence of returning the tickel to Delhi
substituted the tickei for the ticket of a shorter journey and returned that as 'B"s
ticket. In this case, 'C' is liable for
(a) Cheating 'B'
(b) Criminal misaPPropriation
(c) Thett
(d) Criminal breach of trust

29. Which ol the following stalements correctly describe the clause thirdly ol Sec 300 ?
(a) lntention to cause bodily injury sufficient in ordinary course of nalure to cause
death
(b) lt must be proved that the accused intended to inflict the very injury that is present
(c) Knowledge that an act of that kind will be likely to cause death must be proved
(d) None of the above

30. Criminal Law Amendment Act, 2013 added new clause in the definition of rape
under Sec. 375 lPC. The newly added circumstance under which a man is said to
commit 'rape' is
(a) With or without her consent when she is under eighteen years of age
(b) When she is unable to communicate consent
(c) Both of the above
(d) None of the above

31 . As per the Criminal Law Amendment Act'2013, enhanced punishment ol rigorousis
imprisonment for a term of not less than 1O years is provided for rape if woman
under
'
(a) 16 years of age
(b) 14 yoars of age
. (c) 15 years of age
(d) None of the above

tffilll|llll$illll
32. Which is not ths essential element of offence of kidnapping ?
. (a) Withoul the consent of the guardian
{b) Minor
(c) Intention otthe accused
(d) None of the above

33. A is tried for murder oI B by intentionally shooting him dead The fact that A was in
the habit of shooting at people with intent to murder lhem rs
(a) Relevant lact
(b) lrrelevant fact
(c) Collateralfact
(d) Admission

34. Markthe incorrect statement'
(a) |n civi| cases, character evidence is inadmissib|e un|ess the character of a party
is a fact in issue
(b) In criminal cases, the fact that the person accused is oJ a good character is
irrelevant
cases
(c)' A previous conviction is relevant as evidence oI bad character in criminal
(d) In criminal proceedings, evidence of bad charactei is admissible when evidence
of good charactsr has been given

35. .Hearsay evidence is generally inadmissible H-owever' in certain cases it is
admissible. Which ol the following is such a case ?
(a) Res gestae
(b) Admission and contession
(c) Dying declaration
(d) All of the above
given
36_ A borrows Rs. 2OO lrom B and executes a pronotd in which the interest rate is
'1%. The pronote is filled and proved in ths court A wants to lead evidence to the
etfect that the interest settled betlveen the parties was 0 5%'
(a) This evidence cannot be allowed
(b) This evidence can be allowed
(c) This evidence may be allowed
. (d) None of the above
+

1ilffi$llllfilllll

37. A local development authority announced a housing scheme and accepted
applications under it, subsequently finding that the scheme was in violation ot the
Master Plan, il cancelled the project.
(a) lt is free to do so without any shackles of promissory estoppel
(b) lt is not free to do so due to promissory estoppel
(c) .lt is free to do so without any shackles of promissory estoppel as thele cannot
be any estoppel against the government in the exercise of its sovereign'
legislative and executive function
(d) None ol the above

Ghanshyam and Afzal are good friends They are traders and together keep on
doing business transaction very often ln April 2016, they enter in a contracl Alzal
has certain confidential information from his private sources about some change rn
prices lhat would affect Ghanshyam's willingness to proceed with the contract As
per Indian Contract Act, 1872, identify which of the following is applicable.

(a) Afzal is bound to inform Ghanshyam about ths change in price because he ls a
close friend to him
(b) Afzal is bound to inform Ghanshyam about the change in price because they
have been doing many business transactions together
(c) Afzal is bound to inform Ghanshyam about th€ change in price because otheMise
that would amount lo fraud since it would clearly show Alzal's intentions to
mislead Ghanshyam
(d) Afzal is not bound to inform Ghanshyam about the change in price

39. The contracts where one of the parties has almost nil opportunilies to bargain over
the special terms ot the agreement while the other party, usually the big corporate,
is in a position to dictate its terms. The terms are prepared by the big corporale
while the other party has no choice but either to accept the terms or leave the deal
altogether. Such contracts are known as
(a) Adhesion Contracts
(b) Standard form of Contracts

(c) Voidable Contracts because the giant company may exploit the weakness of
the individual
(d) Both (a) and (b)

-10-

ilililililililllilllll

40. A and B entered into a contract for sale of a Machine. The Contract provided that lhe
party committing breach willpay Rs. 1 ,500 to other as damages. B committed breach
of the contract. To which of the following A is entitled ?

(a) Rs.'1,500 as damages from B
(b) To reasonable compensation
(c) To reasonable compensation even exceeding Rs.1,500
(d) To reasonable compensation not exceeding Rs.1,500

41 . The ditferentiating factor between a social agreement and a valid contract is
(a) Intenlion to create legal relation
(b) Consensus ad idem
(c) Consideration
(d) Certainty of performance

42. A clause of one Special Voluhtary Retirement Package (SVRP) staled rnter a/la
that once option is made, the employee making the offer cannot withdraw it. Section
5 of the Contract Act states that an acceptance may be revoked at any time beiore
the communicalion of the acceptance is complete as against lhe acceplor, but not
afterwards. Decide which ot the following is true ?

(a) The provisions of the Sec. 5 shall have effect always

(b) The provisions of SVRP shall be enforceable since it is statutory in nature
(c) Both may be made applicable at the same time
(d) Since SVRP is a matter of invitation to offer, Sec. 5 is not applicable

43. A applies to a banker for a loan at a time when there is stringency in the money
market. The banker declines to make the loan excepl at an unusually high rate of
interest. A accepts the loan on these terms.

(a) The contract is valid and not induced by undue influence
(b) The contract is voidable because it is induced by undue influence
(c) The contract is void because it is induced by undue influence
(d) None of the above

ilililIIfliltiltilflfll

44. When a contract is made on telephone it becomes complete at the place where the
acceptance is heard. In which ol the following cases it has been held so ?
(a) Carlill Vs Carbolic Smoke Ball Co.
(b) Bhagwan Das Vs Girdhari Lal
(c) Mohori Bibee Vs Dharmodas Ghose
(d) Satyabrata Ghose Vs Mugnee Ram

45. Find outthe correct response. Past consideration is no consideration, this statement is
(a) Correct under Indian Law of Contract
(b) Correct under English Law ot Contract
(c) Correcl under both English as well as Indian Law of Contracl
(d) Not correct under both English as well as Indian Law of Contract

46. Contingent contracls to do or not to do anything, if an impossible event happens,
are void, only if at the time of making of the agreemenl
(a) The impossibility of the event is known to the parties to the agreement
(b) The impossibility of the event is not known to the parties to the agreement
(c) The impossibility of the event is unascertained
(d) Both (a) and (b)

47, Simrat and Sarthak make a contract grounded on the erroneous belief that a particular
debt is barred by the lndian Law ot Limitation. The contract is
(a) Void
(b) Voidable
(c) Neither void nor voidable
(d) Both (a) and (b)

48. Find out the correct answer. A makes a promise to pay Rs.4,500 to X,Y and Z. X
. dies. In the absence of any contract
(a) Y and Z can joinily claim performance ot contract from A
(b) Any of the survivors promise alone can claim pertormance of contract
(c) Y, Z and legal representatives of X should jointly claim performance of contract
(d) Legal representatives of X alone can claim performance of contract

tmilHilil
49. A contracf by which one party promises to save the other from loss caused to him by
the conduct of the promisor himself, or by the conduct of any other person, is called

(a) Contract ol Guarantee

(b) Contract of Indemnity
(c) Contract of Bailment

(d) Contract of Pledge

50. In which of the following there is no contract ?
(a) A teaches his parrot to speak a proposal and sends it to 'B', The parrot speaks
the proposal belore B and B tells his acceptance to the parrot

(b) A sils in a public carrier and purchases ticket

(c) A after standing on a weighing machine at a railway station, puts a coin in it

(d) Agives an advertisement that whosoeverwillbring lost dog hewould be awarded

51. Ramesh employs Surssh to beat Mahesh, Ramesh promises to indemnify Suresh
against all the consequences ot the act. Suresh beats Mahesh and has to pay
damages to Mahesh for the beatingd committed upon him.

(a) Bamesh is liable to indemnify Suresh for those damages

(b) Ramesh is not liable to indemnify Suresh for lhoso damages
(c) Ramesh is liable to indemnily Mahesh lor the loss occurred due to the beatings

(d) Ramesh is liable to indemnity both Suresh and Mahesh

52. The leading case of Harvey V. Facey relates to which one of the following
(a) Conditional acceptance

(b) Cross proposal

(c) Continuing offer

(d) lnvitation to offer

-13-

ilr$ilr[|llllfllllll

53. X otfeled a reward ot Rs 65,000 through an advertisement to anyone who would
bring back his missing son. Y brings the son of X lnwhich situation
olthefollowing'
Y would be eniitled to get the award ?

(a) When he read the advertisement and started searching the son and broughi him

(b) When he started searching the son, he did not know about the reward but before
bringing the son, knew about the advertisement

(c) When he did not know about the advertisement till he brought the
son to X

(d) None of the above

54. In case of guarantee, ths liability of the surety is
(a) Primary as compare to that of the principal debtor
(b) Secondary as compare to that of the principal debtor
(c) Co-extensive with that ot the principal debtor

(d) All ot the above

55. A takes a loan trom BS with the promise to pay it back within six months lt is also
pay
stipulated that on the failure to pay within the six months, A will be liable to
?
double the amount bortowed Which one of the loll;wing is the correct statement

(a) lt is the nature oJ penalty so only a reasonable rate of interest can be claimed

. (b) lt is in the nature ot liquidated damage so the stipulated amount can be claimed
(c) lt is a valid agreement so A is liable to pay double the amount borrowed
(d) None of the above

56. ln case ol non-fulfilment ot the contractual obligations, only the parties to the contract
can sue each other, This statement may be cailed as

(a) Privity of Consideration
(b) Privity of Contract
(c) Both (a) and (b)
(d) None of the above
-14-

ilililil;ilil|liill
57. ln which case of the following, the doctrine of frustration was recognised in India ?
(a) Bhagwandas V. Girdharilat and Co.

(b) SatyabratiGhosh V. l\4ungneeram Bangurand Co.

(c) Khwaja Mohammad Khan V. Hussaini Begum

(d) Raj Rani V. perm Adib

58, Inwhich case of thelollowing,an agreement without consideration may be a contract ?
(a) lf the agreement is in writing

(b) lf the agreement is in writing and registered

(c) rf the agreement is in writing and made out of the naturar rove
and affection
(d) rf the agreement is made out oI naturar rove and affection and is regrstered

59. In a self-service shop, a customer X selects certain goods and brings them to the
counter ot the Cashier. In which ofthe following circumstances,
the contract of sale
is concluded ?

(a) When X selects the goods

(b) When X selects the goods and brings them to the counter o, the
Cashier
(c) When Cashier accepts the payment

. (d) Nono of the above

60. X promises Y to drop a prosecutjon which he has instituted against y for fobbery
and Y promises to restore the value of the things taken. Which one of
the ,ollowing
is the correct answer ?

(a) The agreement is a contracl

(b) The agreement is immoral

(c) The agreement is void as it is in restraint of legal proceedings

(d) Ttte agreerhent is void as its object is unlawful

iltilliltfrililt|
61 . X sends a registered insured parcel by post to Y but post otfice does not deliver the
parcelto Y. In the suit instituted byY againstthe post office, it is agreed lhatY is not
a party to a contract between X and the PostOtficer, Y cannot bring asuitto entorce
tho contract. Which one of the following is the corrsct in this case
"
(a) Y is not entitled to file the suit
(b) Y can only file suit on behal{ of X
(c) Y can tile the suit as a constructive trust has been created in his favour
(d) Only X is entitled to file the suit

62. Mental condition of the wrong-doer at the time of wrong doing is
(a) relevant in alltorts
(b) relevant in torts based on fault
(c) relevant in torts based on strict liability
(d) not relevant in tortious liability

63. A tractor with trolley carrying several persons collides with a train on an unmanned
railway crossing in which many people are killed and injured. In a suit for
comoensation
(a) The railway would be liable because it has no immunily
(b) The tractor driver would be liable as there was a breach of duty to take care on
his. part
(c) The passengers in the trolley are guilty oI contributory negligence
(d) Nobody would be liable in such a situation as it would be taken to be a mere
case ot accident

&. State which of the following statements is correct about the Consumer Protection
Act, 1986 ?
A) The provisions of lhe Act are in addition to any other iaw in force
B) The Act is special legislation with respect to consumer disputes
C) The provisions of the Act are in addition to and are not in derogation of any
other law in force
D) The provisions oI the Act bar iurisdiction oI other courts
Codes :
(a) A), B) and Di
(b) B) and D)
(c) A), B) and C)
(d) B) and c)
-1G

1ilililrtilililililliltl

65. An overloaded rickshaw with three adults and a child on it, while being driven on
the correct side of the road, is hit by a bus driven at high speed and coming on the
wrong side. Which one of the following is correct in this context ?

(a) There is no contributory negligence on the part of the rickshaw driver as the fact
of overloading did not contribute to the occurrence of the accident

(b) There is contributory negligence on the part of the rickshaw driver as he had
overloaded the rickshaw

(c) The bus driver is not liable as the rickshaw driver had the last opportunity to
avert the accident

(d) The bus driver and the rickshaw driver both are liable lor the accident

66. In which case it was held that the State Government was in a position of a bailee in
relation of goods seized by its otficers and was, therefore, bound to take reasonable
care ol the seized goods ?

(a) Kasturi Lal Ralia Ram Jain V. State of U. P.

(b) State of Rajasthan V. Mst. Vidhyawati
(c) State of Bombay V. Memon Mahomed Haji Hasam

(d) N. Nagendra Rao & Co V. Slate of A. P

67. The defendant had filed a complaint to the lilagistrate against the plaintiff. The
complaint was dismissed. The defendant moved the Sessions Judge in appeal. He
got himself examined in Sessions Trial although he knew the charge was false and
he was acting without reasonable and probable cause. His complaintwas dismissed
by the Session Judge. Thereupon the plaintiff filed a suit lor malicious prosecution
against the defendant. Which one of the following conclusion is correct ?

(a) The defendant is liable for malicious prosecution
(b) The defendant is not liable for malicious prosecution

(c) The defendant is not liable lo pay damages to the plaintiff

(d) The plaintitf s suit must be dismissed

lfillil$tlililIililt

68. A threw a light squib into a crowd, it tell upon X. "X", in order to prevent injury to
himselt, threw it further. lt fell upon "Y'and "Y" in his turn, did the same thing and it
then fell on "8", as a result ol which, B lost one of his eyes. Who would be liable for
this ?

(a) A

(b) x

(c) Y

(d) Himself

69. A rickshaw carrying three passengers was going on correct side of the road when it
was hit by a bus coming from the opposite direction on the wrong side of the road.
The speed of the bus was very high, so much so that atter hitting the rickshaw, it
also hit a motorbike coming lromthe same sidelrom wherelhe rickshaw was coming
ln relation to this case which of the statement is correct ?

(a) the suit filed by passengers deserves to be dismissed since the rickshaw was
overloaded

(b) the motor biker did not have valid licence at the time of accident which is an
offence under law therelore motor biker is not entitle to any compensation

(c) the owner ol bus is liable to pay compensation to both passengers of rickshaw
and biker after deducting a sum proportionale to their contributory negligence

(d) the owner ol bus is liable to pay compensation to both passengers ol rickshaw
and biker without reducing the amount of compensation

70. Which of the following is not a principle of factual causation ?

(a) Multiplier theory
(bYBut for'lesl
(c)'Material contribution' rule

(d) Necessary Element in a Sufficient Set

-18-

illlllililrlilililtil

71. A ca( mechanic was employed by his master, the defendant to repair cars. He
repaired a car and then drove the car for a short distance to check whether he had
repaired the car properly or not. In the process he caused an accident injuring the
plaintiff. The master is

(a) Liable b€cause it was his servant who had negligenfly caused the accideni for
which he was vicariously liable

(b) Not liable because the mechanic was supposed to repair only and as such
driving by him was outside hts course ot employment

(c) Liable because driving was necessarily incidental to the duties of the mechanic
since he was duty bound to ch€ck by driving whether the repair he had done
were correctly done or not

(d) Not liable because repairing and driving were two distinct acts, and the mechanic
was not authorised to drive but was duty bound to repair only

72. The owner of a van put notic€ on the van to the effect that no unauthorised person is
allowed on the van, the driver cannot give lift to any person and that the owner
would not be liable for the damages to any unauthorised person on the van. The
driver nevertheless, gave lift lo A, an unauthorised person, who was killed owing to

the drive/s negligence. The owner

(a) Can take the defence of Votenti non fit injuria and will not be liable as A himself
took the risk of injury

(b) Will not be liable because thorgh th" driu"|, r". doing his duty in drivjng the
van, his giving lift to A was outside the course of employment

(c) Will be liabl€ because the act of merely putting a notice on the van does not
exempt the owner of his vicarious liability for the tortious acts done by his driver

(d) Will be liable because his driver acted well within the course of his emplovment
when he gave litt to A

-19-

|iltiltiln]tluil[l

73. A film critic in his review of a film comments adversely on the cinematic values and
quality of the film. The directorotthe film sues the film criticfor delamation. Which of
the following is correct, use the code given below ?
1. The film critic is not liable as he can raise the defence of justification.
2. The critic is not liable because it was a fair and bonafide comment in public
interest.
3. lt was an expression ol opinion and not assertion of facts,
4. lt was a fair criticism of a tilm meant for public entertainment.

Codes :
(a) 1 and 3
(b) 1 and 2
(c) 2,3 and 4
(d) t and 4

74. Who is a consumer under the Consumer protection Act, 1996 ?
(a) A person who gives his pants for stitching to a tailor
(b) A person who purchases goods tor sale in his shop
(c) A person who purchases a car for being used as a taxi inhistaxi service
(d) A person who avails ot medical services free ol cost

75. The Rule of 'Absolute Liabitity,was laid down in the case
(a) M.C. Mehta V. Union of India
(b) Union Carbide Corporation V. Union of India lBhopat Gas Tragedy case]
(c) Minu B. Mehta V. Balakrishna
(d) Indian Council For Enviro-LegalV. Union of India

76. Which one of the following is not an example of vicarious liability ?
(a) Liability of the principal lor the tort of his agent
(b) Liability of partnerb for each others, tort
(c) Liability of the master for the tort oI his servant
(d) Liability of the parents for the tort of the children

|ililnilffiilllll
77. The Supreme Courl observed that noise pollution cannoi be tolerated, even if such
noise was a direct result of and was connected with religious activities in the case of
(a) A. P. Pollution Control Board V. Prof. M.V Naidu
(b) Church of God (FullGospel) in India V. KKR Majestic Colony Welfare Associalion
(c) K. M. Chinappa V. Union of lndia
(d) Narmada Bachao Andolan V. Union of India

78. The judgment slriking down the NJAC Act had a ratio of
(a) 3:1
(b) 4:1
(c) 2:1
(d) None of the above

79. Shreya Singhal V. Union of India dealt with
(a) 66 A lT Act
(b) 501 lPc
(c) 64 lT Act
(d) Section I RTI Act

80. Which case cited mediation in rape case sans legal permissibility ?
(a) Niketan Dussa V. State of Orissa
(b) Shashi KumarV. Union oI India
(c) N4.P. V. Madan Lal2015
(d) Manjit V. State

81. The method of enquiry adopted by the critical legal thinkers includes which of the
following ?
(a) Trashing

- (b) Delegitimation
(c) Derielication
(d) All the above

|il||iltililililtililt
82. The interpretation given to Article 21 by the Supreme Court in Maneka Gandhi V.
Union of lndia A.l.R. 1978 SC 597 can be best classified as
(a) Naturalist
(b) Positivist
(c) Sociological
(d) Historical

83. P's son had been missing for some time. P sent his servant Q in search of his son.
Thereatter, through handbill P offered a reward of Rs. 501 to whoever was able to
trace the where abouts of his son. Q was successful in tracing the son and brought
him to P. Then he came to know of the reward and claimed it. P retused to pay. In
this case
(a) Q is entitled to the reward because P had made general offer and whoever
fulfilled the condition of offer was entitled to lhe reward. Q had, infact, fulfilled
that condition of ofter
(b) Since O was not aware of the offer at the time when he acted upon it, no valid
acceptance could come into existence. Thus Q is not entitled to the reward
(c) Since O was P's servant and was sent by him to trace the son, he cannot claim
the reward
(d) Q is not entitled to the reward. lt would be P's grace if he gives him Rs. 501 or
any amount by way of reward

84. August Comte's view that society is like an organism and it can progress when it is
guided by scientific principle, is also known as
(a) Scientific approach
(b) Scientific positives
(c) Law of metaphor
(d) Scientific outlook

85. Who says, " the only right which man can possess is always to do his duty" ?
(a) Compte
(b) Duguit
(c) Salmond
(d) Austin

rm$ilil|
86. Which ot the Iollowing is the most appropriate statement ?
(a) Possession is a matter of law and ownership is a matter of facl
(b) Possession is a matter of fact and ownership a matter of law
(c) Both possession and ownership are a matter of fact only
(d) Both possession and ownsrship are a matter of law only

87. Consider the lollowing statemsnts.
i) Judicial prscedent is evidence of law in civilian culture.
ii) Judicial precedent is source ot law in common law culture.
iii) Doclrinal writings are a source oI law in civilian culture.
iv) Common law culture views law as a set ot rules of conduct and civilian culture
views it as a means ot resolving disputes in courts.
(a) Only iv) is incorrect
(b) Only i) and iii) are incorrect
(c) Only i) and iv) are incorrect
(d) Only i), iii) and iv) are incorrect

88. In which case the SC held that unwed mother can be the sole guardian of a child ?
(a) Koshav Kumar V. Stat€
(b) ABC V. State of (NCT ot Dethi)
(c) Raman Bhai V. State of Maharashtra
(d) David V. Pinto Kumar

89. Who has been appointed as Chairman of 21., Law Commission ?
(a) Justice B. S. Chauhan
(b) Justice K. G. Balakrishnan
(c) Justice Dattu
(d) Justice Sodhi

90. Which case dealt with compensalion issue to the victims of crime ?
(a) Ankush Shivaji V. State of Maharashtra
(b) Harjit Singh V. Union of India
(c) Satyapal V. State ot Union oI India
(d) Manohar Singh V. State of Rajasthan

illfiluiltililr
91. Which of the following is associated with the theory of possession ?
(a) Corpus Possessionis
(b) Animus Possidendi
(c) Animus domini
(d) All the above

92.,.|ncivilisedsocietymenmustbeab|etoassumethatotherswi||commitnointentiona|
aggression upon them". lt has been stated by Pound as
(a) Jural Postulate I
(b) Jural Postulate ll
(c) Jural Postulate lll
(d) Jural Postulate lV

93. Which of the following pair is incorrect ?
(a) Liberal feminism - strivos for €qual treatment for men and women under law
(b) Radical feminism - €xposes male dominant perspeciive of law
(c) Cultural feminism - views equality as sameness
(d) Postmodern leminism - suspects grand theory

94. Rule regarding reasonableness is not that a custom will be admitted iI reasonable'
but that it will be admitted unless it is unreasonable
(a) Holland
(b) Allen
(c) Hobbes
(d) Austin

95. Under the umbrella of analytical view of Austin which of the lollowing statements is
not true ?
(a) Custom becomes a law when it is so declared by the sovereign
(b) The custom noi so declared are positive morality
(c) Sovereign can abrogate custom
(d) Customs even without such declaration of sovereign are positive law
-2+

lmllmillll {
96. "Law . . . is a part ot a cornplex social totality in which il constitutes as well as is
constituted, shapes as well as is shaped." Whose words are these t
(a) M. G. Kelman
(b) Kad Marx
(c) Duncan Kennedy
(d) D Kairy's

97. Analytical jurist contended that
(a) Legislation is always superior to precedent
(b) Precedent is always superior to legislalion
(c) Legislation and precedent both give way to each other
(d) There is no ditference in the authority of legislation and precedent

98. Who observed the following very rscently ? "Ultimately, it is the fundamental right of
a woman and the government's fundamehtal duty to prcitect their (women) righf.

(a) M.P. High Court
(b) Bajasthan High Court
(c) Bombay High Court
(d) U.P. High Court

99. Which oI the following courts recently held that engaging musclemen to recover
loans by banks and financial institutions to be unlawful ?
(a) Bajasthan High Court
(b) Kerala High court
(c) U. P. High Court
(d) Karnataka High Court

1OO. The case of Save LiIe Foundation aid Anr. V. Union of India and Anr- was recently
in news for the reasons
(a) Sentencing
(b) Protection of bystander
(c) Victim compensation
(d) Witness protection

-2+

|ilililtilurilililil]

PABT _ II

ANSWEB ANY ONE OUESTION FROM THE FOLLOWING IN THE ATTACHED
ANSWER SHEET.

1 . "The right of privaoy is not a guaranteed right under our Constitution and therefore the
attemDt to ascertain the movements of an individual which is merely a manner ln
which privacy is invaded is not an infringement of a lundamental right guaranteed
by Part lll. "Trackthe relevant case law jurisprudenceto address the Constitutional
questions involved in the determination of right to privacy in various siluations'

OR

2. H. L. A. Hart as positivist views that application of laws raises severalcomplications
in the real world. He said every word ot law has "fuzzy edges". He was ot the view
the courts must exercise discretion deciding on lhe basis of extra legal
considerations. Ronald D workin through his work "The Model of Rules" (1977)
responded to this issue and took a different stand Comment and critically sift these
two competing and diifering stands of the two eminent jurists and develop your own
arguments as well.

OB

3. Explain the doctrine offrustration ofcontractwith reference to KrellV Henry(1903).
Also analyse, in detail, the various theories of lrustration with the help of leading
cases.

OR

4. How do you approach the two seemingly conflicting propositions :

(i) lt is undesirable that a young person who commits an ottence and who genuinely
does not know that he is doing something seriously wrong should sutfer the opera-
tion of the criminal law. But is a blanket presumption such as it presently exists in
England and Wales, the best way to aehieve protection lor such a person'
(ii) lt seems in today's context and social conditions, the operation of the presumption
that children between the age of 10 and l4 are doliincapax may rise to anomalies
and absurdities.

-26-

|il|fiil]lilililltilu
SPACE FOR ROUGH WORK

-27-

ilffit[ili!rffi
SPACE FOR ROUGH WORK

-2a.