Legal Service • 2016 • Law Paper-I
How many duties are conferred on the citizens in Article 51A
A)
8
B)
9
C)
11
D)
12
Article 51A currently contains 11 Fundamental Duties.
Legal Service • 2016 • Law Paper-I
The Right to Property was dropped from the list of Fundamental Rights by the
A)
24th Amendment
B)
42nd Amendment
C)
44th Amendment
D)
None of these
The 44th Constitutional Amendment removed the Right to Property from the list of Fundamental Rights.
Legal Service • 2016 • Law Paper-I
The voting age has been reduced from 21 to 18 by the Parliament in the year
A)
1976
B)
1978
C)
1989
D)
1991
The voting age was lowered from 21 to 18 by the 61st Amendment, effective in 1989.
Legal Service • 2016 • Law Paper-I
The term ‘State’ in connection with the Directive Principles
A)
Has a meaning given to it in reference to Fundamental Rights
B)
Means only Union and State Legislature
C)
Means all three organs of the Government
D)
Means the same thing as in connection with the Fundamental Rights
Article 36 adopts for the Directive Principles the same meaning of State as in Part III/Fundamental Rights.
Legal Service • 2016 • Law Paper-I
The quorum to constitute a meeting of the House of Parliament shall be
A)
1/10th of total number of members
B)
2/3rd of total number of members
C)
1/3rd of total number of member
D)
None of these
The constitutional quorum for either House of Parliament is one-tenth of its total membership.
Legal Service • 2016 • Law Paper-I
Right to work in India is
A)
Fundamental right
B)
Directive principle
C)
Is not a fundamental right but it can be claimed after employment
D)
Constitutional duty
The right to work is a Directive Principle, principally reflected in Article 41, not a Fundamental Right.
Legal Service • 2016 • Law Paper-I
Power of Governor to grant pardon etc., and to suspend, remit or commute sentence in certain cases is a statutory power. It is given in
A)
Article 159
B)
Article 161
C)
Article 162
D)
Article 163
Article 161 gives the Governor power to grant pardons, reprieves, respites, remissions and commutations in specified cases.
Legal Service • 2016 • Law Paper-I
Reservation of seats in educational institutions in favour of Scheduled Castes and Tribes are governed by
A)
Article 15(4) of the Constitution
B)
Article 16(4) of the Constitution
C)
Neither (a) nor (b)
D)
Both (a) and (b)
Article 15(4) permits special provisions for the advancement of socially and educationally backward classes and SC/ST in education.
Legal Service • 2016 • Law Paper-I
According to Justinian ‘every action contrary to law’ is
A)
Liberty
B)
Power
C)
Damnum
D)
Injury
Justinian defined injuria as every act contrary to law; damnum is mere damage without legal wrong.
Legal Service • 2016 • Law Paper-I
What kind of contact must be proved as an element of the tort of battery?
A)
Violent contact
B)
Contact causing some injury, however slight
C)
Any contact without the plaintiff’s consent
D)
Harmful or offensive contact
Battery requires intentional harmful or offensive contact without consent; neither violence nor actual injury is essential.
Legal Service • 2016 • Law Paper-I
An ostensible owner of an immovable property is
A)
Real owner
B)
Qualified owner
C)
One who transfer with the consent of the real owner
D)
Owner without title
Ostensible owner under Section 41 TPA is not the real owner but holds out as owner with express or implied consent of real owner and transfers for consideration.
Legal Service • 2016 • Law Paper-I
Which of the following tort is an exception to the rule of irrelevance of motive in the law of torts?
A)
Malicious prosecution
B)
Nuisance
C)
Conspiracy
D)
All of these
Motive is generally irrelevant in torts, but malice is essential in malicious prosecution, conspiracy, nuisance/defamation, etc., so all are exceptions.
Legal Service • 2016 • Law Paper-I
On a transfer of property, vested interest therein is certain in favour of a person on the happening of an event which
A)
Must happen
B)
May happen
C)
Shall happen
D)
None of these
Under Section 19 TPA, vested interest exists when it depends on event that must happen.
Legal Service • 2016 • Law Paper-I
The term ‘movable property’ is defined in the Transfer of Property Act, 1882 under
A)
Section 3
B)
Section (2)
C)
Section 4
D)
Not defined
Transfer of Property Act Section 3 defines immovable property but does not define movable property.
Legal Service • 2016 • Law Paper-I
The disappointment transferee for consideration has the right to be made good for
A)
The actual loss
B)
Value of the property attempted to be transferred to him
C)
The money expended by him on this behalf
D)
Compensation including future loss
Under Section 43 and election doctrine, disappointed transferee for consideration recovers value of property attempted to be transferred.
Legal Service • 2016 • Law Paper-I
The Supreme Court of India
A)
Is a Court of record and has power to punish for its contempt
B)
Is only highest Court of Appeal
C)
Is like House of Lords on its Judicial side
D)
Is in all respects like Supreme Court of USA
The Supreme Court is a court of record and possesses the power to punish for contempt.
Legal Service • 2016 • Law Paper-I
The Legal power or position of the President of India is
A)
The same as in the English Constitution
B)
Like the President of America
C)
Like the Administrator of Sikkim
D)
Like that of Chief justice of Supreme of India
India follows the parliamentary model, so the President's constitutional position is closer to the English constitutional head of state than to the U.S. president.
Legal Service • 2016 • Law Paper-I
An offer is
A)
Only a declaration of intention
B)
Only a proposal
C)
An invitation
D)
A willingness to do or abstain from doing something with a view to obtaining assent of the addressee
Section 2(a) Contract Act defines proposal/offer as willingness to do/ Abstain from doing something to obtain assent of other.
Legal Service • 2016 • Law Paper-I
The provision of Article 368 of the Constitution of India, as it stands today deals with
A)
Power of Parliament to amend the Constitution
B)
Procedure for amendment of the Constitution to be followed by the Parliament
C)
Power as well as procedure for amendment of the Constitution
D)
Passing the ratification of Amendment Bills by State Legislature
Article 368 now sets out both Parliament's amending power and the constitutional amendment procedure.
Legal Service • 2016 • Law Paper-I
The provisions of charge under section 100 of the Transfer of Property Act, 1882 so far as may apply to the provision of
A)
Simple mortgage
B)
Usufructuary mortgage
C)
English mortgage
D)
Anomalous mortgage
Section 100 TPA says provisions applicable to simple mortgage apply so far as may be to a charge that does not amount to mortgage.
Legal Service • 2016 • Law Paper-I
A court can return the plaint for presentation to the proper court
A)
At the time of presentation
B)
Before framing of issues
C)
Before the trial begins
D)
At any time
Under Order VII Rule 10 CPC, plaint can be returned at any stage for presentation to proper court having jurisdiction.
Legal Service • 2016 • Law Paper-I
The Directive Principles are aimed at
A)
Securing political freedom
B)
Securing social and economic freedom by appropriate action
C)
Executive supremacy
D)
Judicial supremacy
Directive Principles aim at social and economic justice and freedom through appropriate state action.
Legal Service • 2016 • Law Paper-I
The latest theory of the contract is
A)
Will theory
B)
Theory of enforceability
C)
Purpose theory
D)
Fides ficta
Modern theory emphasizes enforceability by law as essence of contract, superseding earlier will theory.
Legal Service • 2016 • Law Paper-I
In defamation the term innuendo means
A)
Statement must be published
B)
Secondary meaning
C)
Primary meaning
D)
None of these
Innuendo in defamation means a secondary or hidden meaning that makes an otherwise innocent statement defamatory.
Legal Service • 2016 • Law Paper-I
The doctrine of privity of contract means
A)
A contract without consideration
B)
An unlawful agreement
C)
A stranger to a contract can sue
D)
A stranger to a contract cannot sue
Privity of contract means contract cannot confer rights or impose obligations on stranger (non-party); stranger cannot sue.
