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Showing posts with label judiciary exams in india. Show all posts
Showing posts with label judiciary exams in india. Show all posts

401 - 500 | MCQ | Question and Answer in LAW Exam | AIBE | APP | Judiciary exams

Q - 401 : What is the effect of violation of the rule : "Audi Alteram partem" on an administrative action?

A. Mere irregularity
B. Null and void
C. An illegality
D. Voidable
Ans : D

Q - 402 : In which of the following cases, the Supreme Court held that the principles of natural justice are applicable to administrative proceedings!
A. Mehta Vs. Union of India.
B. Maneka Gandhi Vs. Union of India.
C. A.K. Kraipak Vs. Union of India.
D. Smt. Indira Nehru Gandhi Vs. Raj Narain.
Ans : C

Q - 403 : Find Answer : The writ of prohibition may be issued, when there is
A. an absence of jurisdiction or abuse of jurisdiction.
B. violation of principles of natural justice and frau
C. any kind of contravention of the law the lan
D. all of the above
Ans : A

Q - 404 : Find Answer : The writ of certiorari necessarily implies that
A. An error of fact, cannot correcte
B. An error of law apparent on the face of the record, can be correcte
C. Violation of natural justice.
D. None of the above
Ans : B

Q - 405 : Assertion 
(A) : The principles of natural justice ensures fair hearing. Reason 
(R) : It requires unbiased judge to decide after hearing all parties.

A. Codes: Both (A) and (R) are true and (R) is good explanation of (A).
B. Both (A) and (R) are true and (R) is not a good explanation of (A).
C. (A) is true, but (R) is false.
D. (A) is false, but (R) is true.
Ans : A

Q - 406 : Prerogative writs to review an administrative action are:
A. Two : Writ of Habeas Corpus and Writ of Mandamus.
B. Three : Writ of Habeas Corpus and Writ of Mandamus and Writ of Prohibition.
C. Four : Writ of Habeas Corpus and Writ of Mandamus and Writ of Prohibition and Writ of Certiorari and Writ of Quo-warranto.
D. Five : Writ of Habeas Corpus, Writ of Mandamus, Writ of Quo-warranto, Writ of Certiorari and Writ of Prohibition.
Ans : D

Q - 407 : A mandatory procedural requirement for an administrative tribunal must be
A. Legal representation
B. Cross examination
C. Reasoned decision
D. All of the above
Ans : C

Q - 408 : Judicial review of an administrative action means
A. Review by the Parliament
B. Review by the Government
C. Review by the Legislative Assembly
D. Review by the Judiciary
Ans : D

Q - 409 : Find
Ans :
A. Administrative law is a branch of public law and is only a part of Constitutional law. It cannot control the Constitutional law.
B. Administrative law is a branch of private law.
C. Administrative law is independent to Constitutional law.
D. Administrative law is neither the branch of public law nor of private law, but a part of Constitutional law.
Ans : A

Q - 410 : The first committee to recommend for the establishment of an ombudsman type of institution in India was:
A. Gorwala Committee
B. Santhanam Committee
C. Kripalani Committee
D. Administrative Reforms Commission
Ans : B

Q - 411 : The Chairman of which of the following Parliamentary Committees is invariably from the members of ruling party?
A. Committee on Public Undertakings
B. Public Accounts Committee
C. Estimates Committee
D. Committee on Delegated Legislation
Ans : C

Q - 412 : The judicial control over administrative acts emanate from the Doctrine of :
A. Separation of powers
B. Judicial review
C. Rule of law
D. Delegated legislation
Ans : B

Q - 413 : The committee on Public Undertakings were set up on the recommendation of:
A. Administrative Reforms Commission
B. Lanka Sundaran
C. Krishna Menon Committee
D. Chagla Commission
Ans : C

Q - 414 : The chairman of which of the following committee is generally from the opposition party?
A. Estimates Committee
B. Committee on Public Undertaking
C. Public Accounts Committee
D. Committee on Assurances
Ans : C

Q - 415 : Which of the following is exclusively a committee of the Lower House/Lok Sabha?
A. Committee on Assurances
B. Committee on Delegated Legislation
C. Committee on Public Undertakings
D. Estimates Committee
Ans : D

Q - 416 : Central Vigilance Commission was set up on the recommendation of:
A. Administrative Reforms Commission of India
B. Gorwala Report
C. Kripalani Committee
D. Santhanam Committee
Ans : D

Q - 417 : The institution of Lokayukta was created for the first time by the state of:
A. Odisha
B. Bihar
C. Punjab
D. Maharashtra
Ans : D

Q - 418 : In the context of judicial control over administration, malfeasance stands for:
A. Error of Law
B. Error of fact-finding
C. Abuse of authority
D. Error of procedure
Ans : C

Q - 419 : Which of the following is not correctly matched?
A. Central Bureau of Investigation - 1941
B. Special Police Establishment - 1941
C. Prevention of Corruption Act - 1947
D. Central Vigilance Commission – 1964
Ans : C

Q - 420 : Which of the following statements are incorrect about the difference between the writ jurisdiction of the Supreme Court and High Courts in India? 
1. The Supreme Court can issue writs not only for the purpose of enforcement of Fundamental Rights but also for any other purpose, whereas High Courts can issue writs only for the purpose of enforcement of Fundamental Rights. 
2. High Courts can issue the writ of Injunction, whereas the Supreme Court cannot issue the writ of Injunction. 
3. The Supreme Court can issue writs only in the case of appeal, whereas high courts can issue writs only when the party directly approaches it. 
4. High Courts can issue writs not only for the purpose of enforcement of Fundamental Rights but also for any other purpose, whereas the Supreme Court can issue writs only for the purpose of enforcement of Fundamental Rights
A. 1 and 2
B. 1, 2 and 3
C. 2 and 3
D. 3 and 4 only
Ans : B

Q - 421 : In countries with Parliament, like India legislative control over administration is considerably reduced and restricted effectiveness due to which of the follow reasons? 
1. The expansion in the volume and variety of administrative work. 
2. Frequent use of Guillitone. 
3. The large size of the legislature. 
4. The members of the legislature are laymen. 
5. The financial committees do post mortem work.
A. 1, 2 and 5
B. 2, 3 and 4
C. 2, 3, 4 and 5
D. 1, 2, 3, 4 and 5
Ans : D

Q - 422 : Which of the following are the means of judicial control over administration? 
1. Suits against government 
2. Judicial review 
3. Rule of Law 
4. Statutory appeal 
5. Droit administratiff
A. 1, 2 and 3
B. 1, 2 and 4
C. 2, 4 and 5
D. 1, 3 and 5
Ans : B

Q - 423 : Which of the following are the limitations of judicial control over administration? 
1. Its intervention takes place only when it is sought by the affected person. 
2. It is a post mortem control. 
3. Statutory limitations. 
4. Error of Fact-Finding. 
5. Technical nature of the administrative activities.
A. 1, 2 and 3
B. 2, 3 and 5
C. 2, 3 and 4
D. 1, 2, 3 and 5
Ans : D

Q - 424 : Which of the following are incorrect statements about the Central Vigilance Commission? 
1. It was set up on the recommendations of Administrative Reforms Commission. 
2. It is headed by the Central Vigilance Commissioner appointed by the Prime Minister. 
3. Its functions, in certain cases, overlap with the functions of UPS
4. 4. It is certainly a substitute for an ombudsman. 
5. It receives complaints directly from aggrieved persons.
A. 1, 2 and 5
B. 3 and 5
C. 1, 2 and 4
D. 2, 3 and 5
Ans : C

Q - 425 : The primary object of judicial control over administration is:
A. To restrict the discretion and arbitrariness of administrative agencies
B. To help in redressing the grievances of citizens
C. To safeguard the rights and liberty of the citizens
D. To contain and penalise the wrongful acts of government officials
Ans : C


Q - 427 : Consider the following statements: 
1. The chairman of the Committee on Public Accounts is appointed by the speaker of the Lok Sabha. 
2. The Committee on Public Accounts Comprises Members of Lok Sabha, Members of Rajya Sabha and a few eminent persons of industry and trade. Which of the statements given above is/are correct?
A. 1 only
B. 2 only
C. Both 1 and 2
D. Neither 1 nor 2
Ans : A

Q - 428 : In the Parliament of India, the purpose of an adjournment motion is
A. to allow a discussion on a definite matter of urgent public importance
B. to let opposition members collect information from the ministers
C. to allow a reduction of specific amount in demand for grant
D. to postpone the proceedings to check the in appropriate or violent behaviour on the part of some members.
Ans : A

Q - 429 : Which of the following are the methods of Parliamentary control over public finance in India? 
1. Placing Annual Financial Statement before the Parliament. 
2. Withdrawal of moneys from consolidated Fund of India only after passing the Appropriation Bill. 
3. Provision of supplementary grants and vote-on-account. Select the Answer using the codes given below:
A. Codes: 1 only
B. 1 and 2 only
C. 2 and 3 only
D. 1, 2 and 3
Ans : D

Q - 430 : In India, other than ensuring that public funds are used efficiently and for intended purpose, what is the importance of the office of the Comptroller and Auditor General (CAG)? 
1. CAG exercises exchequer control on behalf of the Parliament when the President of India declares national emergency/financial emergency. 
2. CAG reports on the execution of projects or programmes by the ministries are discussed by the Public Accounts Committee. Which of the statements given above is/are correct?
A. 1 only
B. 2 only
C. Both 1 and 2
D. None of them
Ans : B

Q - 431 : Consider the following statements: The Parliamentary Committee of Public Accounts 
1. Consists of not more than 25 members of the Lok Sabha. 
2. Scrutinizes appropriation and finance accounts of the Government. 
3. Examines the report of the Comptroller and Auditor General of India. Which of the statements given above is/are correct?
A. 1only
B. 2 only
C. 2 and 3 only
D. 1, 2 and 3
Ans : C

Q - 432 : The functions of Estimate Committee include: 
1. To suggest alternative policies in order to bring out efficiency and economy in administration. 
2 To see that the expenditure conforms to the authority which governs it. 
3 To examine whether the money is well laid out within the limits of the policy implied in the estimates. 
4. To suggest the form in which estimates shall be presented to the Parliament Which of the above, the correct statement are:
A. 1 and 2
B. 1, 3 and 4
C. 1, 2 and 4
D. 1, 2, 3 and 4
Ans : B

Q - 433 : Assertion 
(A): Parliamentary control over public expenditure is diminished by the creation of the contingency Fund of India. Reason 
(R): The Contingency Fund of India is operated by the executive on behalf of the President of India. Select the correct code:
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 correct explanation of A
C. A is true but R is false
D. A is false but R is true
Ans : A

Q - 434 : An act is crime (in the content of Indian law) as
A. It is so declared by publi
B. It is so dictated by morality.
C. Statute makes it.
D. Common law has declared it.
Ans : C

Q - 435 : Mark the
Ans :
A. Crime is essentially an immortal act.
B. Crime is an illegal act.
C. Crime is essentially a socially reprehensible act.
D. Crime is essentially an anti-religious act.
Ans : C

Q - 436 : Criminal law consists of:
A. Definition of offences and punishment for them (IPC).
B. Procedure for investigation, prosecution, trial, (cr.pc) et
C. It includes prevention of offences as well.
D. All are correct
Ans : D

Q - 437 : "In order that an act should be punishable it must be morally blame-worthy. It must be a sin". Which of the following judges made this observation?
A. Salmond
B. Krishna Iyer
C. Lord Denning
D. Stephen
Ans : C

Q - 438 : The IPC was enacted on
A. 6 October, 1860
B. 1 September, 1872
C. 1 July, 1882
D. 6 December, 1890
Ans : A

Q - 439 : The draft of IPC was prepared by
A. Dr. Harisingh Gaur
B. Lord Macaulay
D.F. Mulla
D. Kenny
Ans : B

Q - 440 : IPC (act XLV of 1860) is divided into
A. XXI chapters and 503 Sections.
B. XXIII chapters and 511 Sections.
C. XXII chapters and 511 Sections.
D. XXIII schedules and 511 Sections.
Ans : B

Q - 441 : Section 1 of the IPC talks about the
A. Definition of crime.
B. Title and jurisdiction of the code.
C. Title and extent of operation of the code.
D. Title and object of the code.
Ans : C

Q - 442 : Mark the correct statement:
A. The Penal Code applies to every person in any part of India for every act or omission contrary to the provisions of the code.
B. The code applies to any offence committed by any citizen of India without and beyond India.
C. Every act committed outside India which, if committed in India, would be punishable under the code.
D. All of the above
Ans : D

Q - 443 : If a person who is a citizen of India commits any offence out of India, he
A. cannot be prosecuted in India, as the act was not committed in India.
B. can be prosecuted in the country where the offence was committe
C. can be prosecuted in India in any place in which he may be foun
D. cannot be prosecuted neither in India, nor in the country, where the crime was committed
Ans : C

Q - 444 : Under which of the following situations would Indian Courts have jurisdiction? 
I Crime committed by an Indian in a foreign country. 
II. Crime committed by a foreigner in India. 
III. Crime committed by a person on an Indian ship Codes:
A. I and II
B. I and III
C. II only
D. I, II and III
Ans : D

Q - 445 : Mark the correct statements:
A. The Indian Penal Code prescribes no fixed time within which prosecution should be launche
B. The code follows the maxim nullum tempus occurrit regi.
C. The Criminal Procedure Code introduced the concept of limitation
D. All of the above
Ans : D

Q - 446 : Which of the following statement is incorrect .
A. Crime is a branch of public law.
B. To constitute crime, mens rea is require
C. In crime, statute has no control over proceedings.
D. In crime, there is a punishment.
Ans : C

Q - 447 : Which of the following statements is correct?
A. The categories of the criminal should be determined by general laws.
B. The penal statutes should be strictly followed or constructe
C. There should be ex-post facto penal laws.
D. The persons should be punished without an act.
Ans : B

Q - 448 : Special law' as defined in Section 41, IPC means:
A. a law applicable to a particular subject.
B. a law applicable to a particular part of India.
C. a law applicable to a class.
D. a law applicable to a local community.
Ans : A

Q - 449 : The term 'offence' means
A. a thing made punishable by the Penal code.
B. a thing punishable by the Penal code or any special or local law, in certain case.
C. Both (a) and (b)
D. None of the above
Ans : C

Q - 450 : The essential ingredients of a crime are:
A. motive, mens rea and actus reus.
B. motive, intention and knowledge.
C. mens rea and actus reus.
D. knowledge, intention and action.
Ans : C

Q - 451 : Actus reus is defined as "such result of human conduct as the law seeks to prevent”.in the light of this observation, which following statements is incorrect:
A. actus reus means act of omission or commission, which is called conduct.
B. actus reus means conduct prohibited by law.
C. actus reus means voluntary as well as involuntary human actions.
D. actus reus includes results of an act i.e., injury
Ans : D

Q - 452 : Section 497, IPC, defines 'adultery' thus:whoever has sexual intercourse with a person who is and whom he knows, or has reason to believe to be the wife of another. Here, actus reus relates to
A. time
B. place
C. person
D. married woman
Ans : D

Q - 453 : The maxim 'actus non facit reum, nisi mens sit rea means
A. guilty minds gives birth to crime.
B. there can be no crime without a guilty min
C. crime is a child of guilty min
D. criminal mind leads to crime.
Ans : B

Q - 454 : Which of these is a landmark judgement on the applicability of section 300(3) in a criminal trial?
A. Virsa Singh vs State of Punja
B. Inder Singh vs State of Pepsu.
C. Brij Bhushan vs State.
D. R. Venkalu vs State of Hyderaba
D.
Ans : A

Q - 455 : In the context of criminal liability, state which of the following statements is correct?
A. mens rea is a mandatory element of a crime and there cannot be any crime without mens rea.
B. in its nature, the criminal liability is less punitive and more prohibitive.
C. criminal liability generally implies mens rea, except where it has been expressly exclude
D. the punishment is commensurate with the act.
Ans : C

Q - 457 : Which one of the following statements correctly describes the concept of mens rea?
A. mens rea need to be present at the stage of planning, but not at the stage of commission of the offence.
B. mens rea should be excluded unless the statute specifically requires it to be prove
C. absolute prohibition is not required to negate mens rea.
D. if the statute is silent about mens rea, as a general rule it should be read into the statute.
Ans : D

Q - 458 : Local law as defined in sec. 42, IPC means:
A. a law applicable to a particular subject.
B. a law applicable to a particular part of India.
C. the municipal law.
D. a law applicable to a local community.
Ans : B

Q - 459 : Give the correct response:
A. the word 'attempt' clearly conveys the idea that if attempt succeeded, the offence would have been committe
D.
B. attempt is the direct movement towards the commission of an offence after preparation has been made.
C. if the actual transaction has commenced which would have ended in the crime if not interrupted, there is clearly an attempt to commit crime.
D. all acts towards committing a misdemeanour are not indictable. Acts remotely leading towards commission of offences are not to be considered as attempt to commit but acts immediately connected with it are.
Ans : C

Q - 460 : Preparation and attempt are two stages of commission of crime. Preparation is not punishable generally but attempts is. One basic reason as to why preparation is not punishable is that there
A. is no nexus between preparation and attempt.
B. can be chances of change of mind before commission of offence.
C. is absence of intention.
D. is absence of attempt.
Ans : B

Q - 461 : In which of the following cases, Sarkaria J.(S.C) disapproved the narrow view taken by Kenny that "attempt" is the last, penultimate act which a person does towards the commission of an offence, the consummation of the offence being hindered by circumstances beyond his control:
A. Asghar Ali Pradhania vs Emperor.
B. State of Maharashtra vs MYaku
C. Abhayanand Mishra vs State of Bihar.
D. Malkiat Singh vs State of Punja
Ans : B

Q - 462 : Which of the following correctly describes the four stages of a crime?
A. Attempt, Preparation, Intention, Result.
B. Intention, Attempt, Preparation, Result.
C. Intention, Preparation, Attempt, Result.
D. Result, Intention, Preparation, Attempt.
Ans : C

Q - 463 : In State of Maharashtra vs M. Yakub, which of the criteria was used by the court to distinguish an attempt to commit a crime from its mere 'preparation’ :
A. Impossibility.
B. Danger to the society.
C. Opportunity to retreat from the offence.
D. Proximity.
Ans : D

Q - 464 : Section 511 does not apply in case of
A. attempt of riot
B. attempt of theft
C. attempt of murder
D. attempt of affray
Ans : C

Q - 465 : State in which of the following cases, P is guilty of attempting to commit the offence:
A. P, in order to forge a document purporting to be executed by Q, Sends his servant to buy a stamp paper in the name of Q. As the servant reaches stamp shop, he is arreste
B. P shoots at Q whose back is toward The attempt fails as Q catches a is beyond the range of the gun
C. P pours half a pint of substance from bottle marked poison into the whisky of Q, Q is not aware. It turns out that bottle did not contain any poison.
D. P administers some noxious substance to a woman so that an abortion results. The women was not pregnant.
Ans : B

Q - 466 : A purchased a stamp paper in the name of person whose name he intended to forge. As guilty of
A. attempt of forgery.
B. attempt of cheating.
C. attempt of criminal misappropriation.
D. no offence.
Ans : D

Q - 467 : A woman ran to a well stating she would jump in it but she was caught before she could reach it. She is guilty of
A. attempt to suicide.
B. attempt to murder.
C. attempt to culpable homicide.
D. no offence
Ans : D

Q - 468 : Which of the following is an instance of criminal attempt?
A. A procures colour with an intent to make false coins.
B. A is in possession of some obscene photographs and he thought of publishing them.
C. A, with an intent to kill B, administers sugar thinking it to be poison powder.
D. None of the above
Ans : D

Q - 469 : 'X' with a view to murdering 'Y' enters Y’s bedroom at night when 'Y' is out of station. ‘X' is guilty of
A. murder
B. house trespass
C. attempt to murder
D. no offence
Ans : B

Q - 470 : Section 511, IPC is not related to the offen for which the punishment is:
A. death sentence
B. life-imprisonment
C. imprisonment
D. Both (a) and (c)
Ans : A

Q - 471 : 'A' intending to murder 'B' by poison, purchases poison and mixes the same with a glass of water. He gives to bearer to serve 'B'. The bearer while approaching 'B' loses balance and the glass drops out of his plate.
A. 'A' has committed no offence.
B. 'A' has committed the offence of attempt to commit culpable homicide.
C. 'A' has committed the offence of abetment.
D. 'A' has committed the offence of attempt to murder.
Ans : D

Q - 472 : 'Z' with intention to steal ornaments opened Y's box and found it empty. Which one of the following statements is correct? Z is
A. Not liable for attempt to commit theft as the box being empty, commission of theft was impossible.
B. Not liable for attempt commit theft as he did not do the penultimate act towards commission of theft.
C. Not guilty of attempt to commit theft as he made only preparation to commit theft.
D. Guilty of attempt to commit theft as he had an intention to commit theft and did an act towards its commission.
Ans : D

Q - 473 : Assertion (A): There is no liability for an attempt to commit an impossible theft. Reason (R): No criminal liability can be incurred under se
C. 511 for an attempt to do an act which, if done will not be an offence.
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 the correct explanation of A.
C. A is true, but R is false.
D. A is false, but R is true.
Ans : D

Q - 474 : The Fundamental principle of criminal liability is embodied in the maxim "actus non facit reum nisi mens sit rea". The maxim was developed by:
A. Equity Courts
B. Common Law Courts
C. Sadar Nizamat Court
D. None of the above
Ans : B

Q - 475 : "Wrongful gain' means
A. gain by lawful' means of property which the person gaining is not entitled
B. gain by unlawful means of property which the person gaining is not entitled
C. gain by unlawful means of property which the person gaining is entitled
D. All the above
Ans : B

Q - 476 : 'Wrongful loss' means
A. loss by unlawful means of property which the person losing it, is legally entitled
B. loss by lawful means of property which the person losing it is not legally entitled
C. loss by lawful means of property which the person losing is not legally entitled
D. All the above
Ans : A

Q - 477 : The provision of personation at elections under Section 171D of IPC
A. shall apply to a person who has been authorised to vote as proxy for an elector under any law in force
B. shall not apply to a person who has been authorised to vote as proxy for an elector under any law in force
C. does not lead to any restriction under any law in force
D. None of the above
Ans : B

Q - 478 : 'Dishonestly has been defined as doing anything with intention to cause wrongful gain to one person & wrongful loss to another, under
A. Section 21
B. Section 23
C. Section 24
D. Section 25
Ans : C

Q - 479 : 'Fraudulently' has been defined as doing anything with intent to defraud
A. Section 23
B. Section 25
C. Section 24
D. Section 26
Ans : B

Q - 480 : When a criminal act is done by several persons in furtherance of the common intention of all
A. each of such person is liable for that act in the same manner as if it were done by him alone
B. each of such person is liable for his own overt act
C. each of such person shall be liable according to the extent of his participation in the crime
D. Both (b) and (c)
Ans : A

Q - 481 : Which of these punishments was removed from the IPC in the year 1949?
A. Penal servitude
B. Death
C. Forfeiture of property
D. Solitary confinement
Ans : A

Q - 482 : To establish Section 34 of IPC
A. common intention be proved but not overt act of each be proved
B. common intention and overt act both be proved
C. common intention need not be proved but overt act be proved
D. All the above
Ans : A

Q - 483 : Section 34 of IPC
A. creates a substantive offence
B. is a rule of evidence
C. Both (a) and (b)
D. Neither (a) nor (b)
Ans : B

Q - 484 : 'X' & 'Y' go to murder 'Z'. ‘X' stood on guard with a spear in hand but did not hit 'Z' at all. Y killed ‘Z’
A. only 'Y' is liable for murder of 'Z’
B. 'X' & 'Y' both are liable for murder of 'Z'
C. 'X' is not liable as he did not perform any overt act
D. Both (a) and (c)
Ans : B

Q - 485 : 'Voluntarily' has been defined as an effect caused by means whereby a person intended to cause it or by means, at the time of employing those means, knew or had reason to believe it to be likely to cause it under
A. Section 39
B. Section 38
C. Section 37
D. Section 40
Ans : A

Q - 486 : Under Section 45 of IPC, life denotes
A. life of a human being
B. life of an animal
C. life of human being and of an animal both
D. life of either human being or animal.
Ans : A

Q - 487 : Under Section 46 of IPC, death denotes.
A. death of a human being.
B. death of an animal.
C. death of a human being and of an animal both.
D. death of either human being or an animal.
Ans : A

Q - 488 : Illegal signifies
A. everything which is an offence
B. everything which is prohibited by law
C. everything which furnishes ground for civil action
D. All the above
Ans : D

Q - 489 : Animal denotes
A. any living creature including human being
B. any living creature other than a human being
C. any creature - live or dead
D. either (a) or (c)
Ans : B

Q - 490 : How many types of punishments have been prescribed under the Indian Penal Code?
A. three
B. six
C. five
D. four
Ans : C

Q - 491 : Under Section 60 of IPC, in certain cases of imprisonment, the sentence of imprisonment
A. has to be wholly rigorous
B. has to be wholly simple
C. can be partly rigorous and partly simple
D. either (a) or (b)
Ans : C

Q - 492 : Sentence of imprisonment for non-payment of fine under Section 64 of IPC
A. shall be in excess of any other imprisonment to which an offender has been sentenced
B. shall be concurrent of any other imprisonment
C. shall not be in excess of any other imprisonment
D. Both (b) and (c)
Ans : A

Q - 493 : Under Section 65 of IPC sentence of imprisonment for non-payment of fine shall be limited to
A. one-third of the maximum term of imprisonment fixed for the offence
B. one-fourth of the maximum term of imprisonment fixed for the offence
C. one-half of the maximum term of imprisonment fixed for the offence
D. equal to the maximum term of imprisonment fixed for the offence
Ans : B

Q - 494 : In case of an offence punishable with fine only, imprisonment for non-payment of fine
A. has to be rigorous
B. has to be simple
C. can be rigorous or simple
D. can be partly rigorous and partly simple
Ans : B

Q - 495 : Under Section 498A of IPC cruelty includes
A. harassment of the woman
B. physical cruelty only
C. mental cruelty only
D. cruelty by wife
Ans : A

Q - 496 : In case of an offence punishable with fine only, an offender who is sentenced to pay a fine of not exceeding Rs.100 but exceeding Rs.50, the imprisonment in default of payment of fine shall not exceed
A. two months
B. three months
C. four months
D. six months
Ans : C

Q - 497 : In case of an offence punishable with fine only, an offender who is sentenced to pay a fine exceeding Rs.100, the imprisonment in default of payment of fine shall not exceed
A. one year
B. six months
C. four months
D. two months
Ans : B

Q - 498 : Section 64 of IPC provides for
A. nature & maximum limit of imprisonment for non-payment of fine
B. nature & minimum limit of imprisonment for non-payment of fine
C. nature but does not prescribe any limit of imprisonment for non payment of fine
D. (d) limit of imprisonment for non-payment of fine but does not prescribe the nature of imprisonment.
Ans : C

Q - 499 : Imprisonment for non-payment of fine shall terminate
A. on payment of fine
B. on expiry of the term of imprisonment for non-payment
C. Both (a) and (b)
D. Neither (a) nor (b)
Ans : C

Q - 500 : In case of imprisonment for non-payment of fine, if a part of the fine is paid, such sentence
A. shall be reduced proportionately
B. shall not be reduced in direct proportion to the fine paid
C. shall be reduced but subject to the discretion of the court as to the quantum of reduction
D. All of the above
Ans : A

201 - 300 | MCQ | Question and Answer in LAW Exam | AIBE | APP | Judiciary exams


Q - 203 : Consider the following statements: The Indian constitution is 
1. Unwritten constitution 
2. Written constitution 
3. Largely based on government of India Act, 1935

A. 1 and 2 are correct
B. 2 and 3 are correct
C. 1 and 3 are correct
D. None of the above
Ans : B

Q - 204 : Consider the following statements with reference to the term secularism: 
1. Secularism means that the state has no recognized religion of state. 
2. Secularism means that the state treats all the religions equally. 
3. Secularism means that the state regulates the relation of man with Go
Which of these statements is/are correct?
A. 1, 2 and 3
B. 1 and 2
C. 2 and 3
D. 1 and 3
Ans : B

Q - 205 : Which one is not correctly matched?
A. Freedom of speech - include freedom of and expression press
B. Freedom of - include right to wear and carry kirpans by Sikhs.
C. conscience Right to personal - include right to carry on any trade or business liberty
D. (d) Right to equality - includes principles of natural justice
Ans : C

Q - 206 : The Governor of a State is appointed by the President on the advice of the
A. Prime Minister
B. Vice- President
C. Chief Minister
D. Chief Justice
Ans : A

Q - 207 : An accused person has been provided with the following protections by constitution of India: 
1. Ex post facto law 
2. Safeguard against arrest and detention 
3. Double jeopardy. Arrange the protections in the order in which they appear in the Indian constitution.
A. Codes: 1, 3, 2
B. 1, 2, 3
C. 3, 1, 2
D. 2, 1,3
Ans : A

Q - 208 : Article 16(4A) which gives power to the State to make laws regarding reservation in favour of Scheduled Castes and Scheduled Tribes was added by the
A. 75th Amendment to the Constitution of India
B. 76th Amendment to the Constitution of India
C. 77th Amendment to the Constitution of India
D. 78th Amendment to the Constitution of India
Ans : C

Q - 209 : Match the following:
A. Right to go 1. Bhim Singh's case. abroad
B. Prisoner's right 2. Maneka Gandhi's case
C. Death penalty 3. Bacchan Singh's case
D. Government's 4. Sunil Batra's case. liability
A. Codes: A B C D 2 4 1 3
B. 4 2 3 1
C. 2 4 3 1
D. 4 2 1 3
Ans : C

Q - 210 : A resolution passed under Clause (1) of Article 249 shall remain in force for such period not exceeding
A. Three months
B. Six months
C. Nine months
D. Twelve months
Ans : D

Q - 211 : Which one of the following pairs is correctly matched?
A. Habeas corpus - available against private individual as well.
B. Quo warranto - available against subordinate courts only
C. Certiorari - available against autonomous bodies only
D. Prohibition - directs a public authority to perform a task.
Ans : A

Q - 212 : Match the following:
A. Right to go abroad 1. Bhim Singh's case.
B. Prisoner's right 2. Maneka Gandhi's case
C. Death penalty 3. Bacchan Singh's case
D. Government's liability 4. Sunil Batra's case.
A. A B C D 2 4 1 3
B. 4 2 3 1
C. 2 4 3 1
D. 4 2 1 3
Ans : C


Q - 214 : List-I List-II Balaji vs. Stateof Mysore 
1. Doctrine of waiver of fundamental rights Maneka Gandhi 
2. Religious freedom vs. UOI Rev. Stanilaus 
3. Right to life and personal liberty vs. State of MP Bashesher Nath 
4. Reservation for backward classes vs. IT, Commr. 5. Doctrine of severeability
A. A B C D 4 2 3 1
B. 5 4 3 2
C. 4 3 2 1
D. 5 3 2 1
Ans : C

Q - 215 : List-I List-II Independence of judiciary 
1. Administrative adjudication Executive legislation 
2. Parliamentary form of government Quasi-judicial functions 
3. Appointment and transfer of judges Collective responsibility 
4. Ordinance
A. A B C D 2 1 4 3
B. 3 4 1 2
C. 2 4 1 3
D. 3 I 4 2
Ans : B

Q - 216 : The 73rd Amendment provides a ____ tier system of panchayats:
A. 3
B. 4
C. 2
D. 1
Ans : A

Q - 218 : The fundamental duties provided in the constitution are: 
1. To value and preserve rich heritage of our composite culture. 
2. To safeguard private property. 
3. To develop scientific temper, humanism, and spirit of inquiry and reform of these fundamental duties include:
A. 1, 2 and 3
B. 1 and 2
C. 2 and 3
D. 1 and 3
Ans : D

Q - 219 : If a new state of Indian union is to be created____ schedule of the constitution must be amended?
A. First
B. Second
C. Third
D. Fourth
Ans : A

Q - 220 : Which one of the following statements correctly describes the fourth schedule of the constitution of India?
A. It lists the distribution of powers between the union and the states.
B. It contains the languages listed in the constitution.
C. It contains the provision regarding the administration of tribal areas.
D. It allocates seats in the council of states.
Ans : D

Q - 221 : The 8th schedule of the Indian Constitution contains the:
A. Fundamental rights
B. DPSP
C. List of languages recognised by the constitution
D. Number of states and UTS
Ans : C

Q - 222 : Provisions regarding anti defection are provided in ____of the constitution of India.
A. 2nd schedule
B. 5th schedule
C. 8th schedule
D. 10th schedule
Ans : D

Q - 223 : At the time of framing there were ____Schedules in the constitution of India.
A. 8
B. 10
C. 12
D. 11
Ans : A

Q - 224 : The house may declare the seat vacant after_____ , of any member, if he is absent from all meetings without permission of the house.
A. 30 days
B. 45 days
C. 60 days
D. 90 days
Ans : C

Q - 225 : When the offices of both the speaker and the deputy speaker are vacant, _____ appoints a person to perform the functions of the speaker.
A. The President
B. The prime minister
C. The chief justice of India
D. Council of ministers
Ans : A

Q - 226 : The framers of the constitution borrowed the idea of judicial review from the constitution of:
A. France
B. USA
C. United Kingdom
D. None of these
Ans : B

Q - 227 : Decision of _______is final regarding the disqualification of a member of either house of Parliament under Art. 103.
A. The election commission
B. President
C. Speaker of Lok Sabha
D. Prime minister
Ans : B

Q - 228 : Part______ of the constitution of the India talks about municipalities?
A. Part IX
B. Part IX-A
C. Part X
D. Part X-A
Ans : B

Q - 229 : It is often said that the key to the minds of the makers of our constitution lies in the:
A. Preamble
B. Fundamental rights
C. Fundamental duties
D. Directive principles of state policy
Ans : A

Q - 230 : Disqualification of a member of parliament on the ground of defection is to be decided by
A. The President
B. Speaker of Lok Sabha
C. Speaker of Rajya Sabha
D. Either (b) or (c), as the case may be
Ans : D

Q - 231 : Preamble to the constitution of India:
A. is not a Part of the constitution.
B. Indicates the objectives to be achieve
D.
C. Indicates the source from which the constitution derives its authority.
D. Is a source of authority of the constitution of India.
Ans : C

Q - 232 : The preamble to the Indian constitution is:
A. A Part of constitution; but it neither confers any power no impose any duties, nor can it be of any use in interpreting other provisions of the constitution.
B. A Part of the constitution and can be of use in interpreting other provisions of the constitution in cases of ambiguity.
C. A Part of the constitution and it confers powers and impose duties as any other provision of the constitution.
D. Not a Part of the constitution.
Ans : B

Q - 233 : The source of Directive Principles of State Policy in our constitution can be traced back to the constitution of
A. USA
B. United Nations
C. United Kingdom
D. Ireland
Ans : D

Q - 234 : The following are enshrined in the preamble to the constitution of India 
(a) Equality of status and opportunity 
(b) Liberty of thought , expression , belief ,faith and worship. 
(c) Fraternity assuring the dignity of the individual. 
(d) Unity and integrity of the nation . Which one of the following is the correct order in which they appear in the preamble ?
A. 5,1,2,4,3
B. 3,2,1,4,5
C. 3,1,2,5,4
D. 1,2,4,3,5
Ans : B

Q - 235 : Which one of the following is in correct order in the preamble of the Indian constitution ?
A. Sovereign ,socialist ,secular, democratic and republic
B. Sovereign, secular, socialist, democratic and republic
C. Sovereign , secular, democratic, socialist and republic
D. Sovereign , democratic , secular, republic and socialist.
Ans : A

Q - 236 : The text of the preamble of the constitution of India aims to secure ?
A. Fundamental rights to all individuals .
B. Fundamental duties of citizen of India
C. Dignity of the individual and unity and integrity of the nation .
D. Security of service to government servants .
Ans : C

Q - 237 : Words secular and integrity were added by ______amendment of the constitution.
A. 1st Amendment Act
B. 24th Amendment Act
C. 42nd Amendment Act
D. 44th Amendment Act
Ans : C

Q - 238 : Preamble of the constitution of India has been amended _____times so far?
A. Two
B. Three
C. One
D. Never
Ans : C

Q - 239 : The word secular denotes:
A. Keeping away from all religions.
B. Freedom of religion and worship to all religions.
C. Belief in one god
D. Practicing different religions
Ans : B

Q - 240 : The term socialist used in the preamble means a state whose basic policy is to:
A. Prohibit concentration of wealth
B. Distribute equitably the natural resources
C. Prohibit concentration of wealth and uplift the living standard of people
D. That the state shall endeavour to achieve socialistic goals through democratic means.
Ans : D

Q - 241 : In which of the following case/s the six rights guaranteed by Article 19 can be suspended? 
1. External Aggression 
2. Internal Emergency 
3. When Martial Law is in force
A. 1 only
B. 2 and 3 only
C. 1 and 3 only
D. 1, 2 and 3
Ans : D

Q - 242 : Which of the following rights is/are available to foreigners in India. 1. Right to Education 2. Right to Information 3. Right to Vote
A. 1 and 2
B. 1 only
C. 1, 2 and 3
D. 2 only
Ans : B

Q - 243 : Article 21 declares that - "No person shall be deprived of his life or personal liberty except according to procedure established by law." The protection under Article 21 is:
A. Against arbitrary legislative action.
B. Against arbitrary executive action.
C. Both (a) and (b)
D. Neither (a) nor (b)
Ans : C

Q - 244 : Which of the following statement/statements, is/are correct: 
1. Right to Information is a fundamental right enshrined in Article 19 (1) of the constitution 2. Supreme Court of India is not under the purview of RTI Act. 
3. Supreme Court of India has the advisory jurisdiction.
A. 1 and 3
B. 2 and 3
C. 1, 2 and 3
D. 3 only
Ans : A

Q - 245 : Article 32 confers the right to remedies for the enforcement of the FR of an aggrieved citizen. Consider the following statements w.r.t. Article 32. 
1. Parliament can suspend this right during national emergency. 
2. Only SC shall have the power to issue writs for the enforcement of any of the FR 
3. High courts have the power to issue writs under Article 226 of the constitution.
A. I only
B. 1 and 3
C. 1 and 2
D. 3 only
Ans : B

Q - 246 : Which of the following right/s is/are enshrined in Article 21 - "No person shall be deprived of his life or personal liberty except according to procedure established by law."? 1. Right to speedy trial. 
2. Right against delayed execution. 
3. Right against wrongful detention and arrest.
A. 1 and 3
B. 2 only
C. 1 and 2
D. 1, 2 and 3
Ans : C

Q - 247 : Which of the following writs can be issued against administrative authorities?
A. Prohibition, Certiorari and Mandamus.
B. Certiorari & Mandamus.
C. Prohibition & Mandamus.
D. Prohibition & Certiorari.
Ans : B

Q - 248 : The directive principles were made non- justiciable and legally non-enforceable because: 
1. The country did not possess sufficient financial resources to implement them. 
2. There was widespread backwardness in the country that could stand in the way of implementation.
A. I only
B. 2 only
C. Both 1 and 2
D. Neither 1 nor 2
Ans : C

Q - 249 : Which of the following statement/s is/are correct? 
1. The directive principles are meant to establish Political Democracy. 
2. The directive principles are meant to establish Social Democracy. 
3. The directive principles are meant to establish Economic Democracy.
A. I only
B. 2 and 3 only
C. 1 and 3 only
D. 1, 2 and 3
Ans : B

Q - 250 : Which of the following statement/s is/are correct? 
1. Fundamental Rights enjoy legal supremacy over Directive principles. 
2. The parliament can amend the Fundamental Rights for implementing the directive principles. 
3. Fundamental rights cannot be curtailed under any circumstances by the Parliament.
A. 1 and 3
B. Only 2
C. 1 and 2
D. 1, 2 and 3
Ans : B

Q - 251 : Which of the following statement/s is/are correct regarding Constitutional Amendment Bill? 
1. Prior permission of President is required before introducing the constitutional amendment Bill in Parliament. 
2. President must give his assent to the Bill if duly passed by both houses. 
3. Constitution amendment Bill can be introduced in any house of the Parliament.
A. 1 and 2
B. 2 and 3
C. 1 and 3
D. I only
Ans : B

Q - 252 : The emoluments, allowances, privileges and so on of Governor can be altered by:
A. A Constitutional Amendment Bill passed by simple majority of Parliament.
B. A Constitutional Amendment Bill passed by special majority of Parliament.
C. A Constitutional Amendment Bill passed by special majority of the Parliament and ratified by half of the state legislatures.
D. By a normal legislative process that does not require Constitutional Amendment.
Ans : A

Q - 253 : Which of the following is/are federal feature/s of our constitution? 
1. Supremacy of the Constitution. 
2. Rigid Constitution. 
3. Independent Judiciary.
A. I only
B. 2 and 3 only
C. 1 and 3 only
D. 1, 2 and 3
Ans : D

Q - 254 : Which of the following statements are true about Centre-State relations? 
1. In respect to matters enumerated in the concurrent list, the executive power rests with the states. 
2. In respect to matters enumerated in the concurrent list, the legislative power rests with the centre 
3. Residuary powers are assigned to the parliament.
A. 1 and 3
B. 2 only
C. 1, 2 and 3
D. 3 only
Ans : D

Q - 255 : Which of the following statements are true about Centre-State relations? 
1. During the proclamation of emergency (Article 352) the Center can give direction to a state on any matter. 
2. During the proclamation of emergency (Article 352) President can modify the constitutional distribution of revenues between the Centre and the states. 
3. Word 'cabinet' is mentioned only once in the constitution under Art. 352.
A. I only
B. 2 and 3
C. 1, 2 and 3
D. 3 only
Ans : C

Q - 256 : Which of the following statements are correct? 
1. The chairman and members of state PSC are appointed by the Governor, but can be removed only by the President. 
2. The State Election Commissioner is appointed by the Governor but can be removed only by the President. 
3. Finance commission is mentioned under Art. 280 of the constitution.
A. 1 and 2
B. 2 only
C. 1, 2 and 3
D. 2 and 3
Ans : C

Q - 257 : Which of the following statement is correct with regard to Proclamation of Emergency?
A. Resolution approving & disapproving the proclamation of emergency is to be passed by both houses of Parliament by a special majority.
B. Resolution approving & disapproving the proclamation of emergency is to be passed by either house of Parliament by a simple majority.
C. Resolution disapproving the proclamation of emergency is to be passed by either house of Parliament by a simple majority.
D. None of these
Ans : A

Q - 258 : Which of the following situation/s will be proper to impose President's rule in a state (Article 356)? 
1. Where after general elections to the assembly, no Party secures a majority. 
2. Serious maladministration in the state. 
3. Stringent financial exigencies of the state.
A. I only
B. 2 and 3 only
C. 1 and 3 only
D. 1, 2 and 3
Ans : A

Q - 259 : Which of the following situation/s are correct with regard to Proclamation of Financial Emergency (Article 360)? 
1. It can be extended to an indefinite period with an approval of the parliament for every six months. 
2. A resolution approving the proclamation of financial emergency is to be passed by either house of Parliament by simple majority. 
3. The President may issue directions for reduction of salaries and allowances of Supreme Court and High Court Judges.
A. I only
B. 2 and 3 only
C. 1 and 3 only
D. 1, 2 and 3
Ans : B

Q - 260 : The Electoral College for President's election consist of: 
1. Elected members of both the houses of Parliament. 
2. Elected members of the legislative assemblies. 
3. Elected members of all Union Territories.
A. 1
B. 2 and 3
C. 1 and 2
D. 1, 2 and 3
Ans : C

Q - 261 : When the offices of both Speaker and Deputy Speaker falls vacant Art. 95 provides that
A. The members of Lok Sabha immediately elect a Speaker
B. The senior most willing member of Lok Sabha becomes the speaker.
C. The President appoints any member of Lok Sabha as speaker.
D. The Deputy Chairman of Rajya Sabha presides over till the next speaker is elected
Ans : C

Q - 262 : With Regard to Constitutional Amendment Bill -
A. The President can reject the Bill but cannot return the Bill.
B. The President cannot reject the Bill but can return the Bill.
C. The President can neither reject the Bill nor return the Bill.
D. The President can either reject the Bill or return the Bill.
Ans : C

Q - 263 : The correct statement/s with regard to Ordinance making power of President is/are 1. The President cannot promulgate an ordinance to amend tax laws. 
2. The President cannot promulgate an ordinance to amend the constitution.
A. 1 only
B. 2 only
C. Both
D. None
Ans : B

Q - 264 : The Vice President can be removed from office before completion of his term in which of the following manner?
A. She/he can be impeached in similar manner as President.
B. A Resolution of Rajya Sabha passed by special majority and agreed to by the Lok Sabha.
C. A Resolution of Rajya Sabha passed by simple majority and agreed to by the Lok Sabha.
D. A Resolution of Rajya Sabha passed by an absolute majority and agreed to by the Lok Sabha
Ans : D

Q - 265 : The Council of Ministers' does not consist of: 
1. Deputy Ministers. 
2. Parliamentary Secretaries. 
3. Deputy Chairman-Planning Commission.
A. 1, 2 and 3
B. 2 only
C. 3 only
D. None of these
Ans : D

Q - 266 : The Representatives of states & UT in the Rajya Sabha are elected by: 
1. The members of the State Legislative Assembly only. 
2. Elected members of the Legislative Assembly of that State legislative assembly or electoral college of the UT as the case may be. 
3. The system of proportional representation by single transferrable vote. 
4. The system of proportional representation by List.
A. 1 and 3
B. 1 and 4
C. 2 and 3
D. 2 and 4
Ans : C

Q - 267 : Which of the following criteria is laid down by the constitution Read with the Representation of the People Act, 1951, for a person to be chosen a member of Parliament? 1. If a candidate is to contest a seat reserved for SC/ST, he must be a member of a SC/ST in any state or Union Territory. 
2. He/she must not have been punished for preaching and practicing social crimes such as untouchability, dowry and sati. 
3. He/she must not have any interest in government contracts, works or services.
A. 1 only
B. 2 and 3 only
C. 1, 2 and 3
D. None of these
Ans : C

Q - 268 : Which of the following statements are correct? 
1. If an MLA is elected to be an MP, his seat in Parliament becomes vacant if he does not resign his seat in the state legislature within 14 days. 
2. If a person is elected to two seats in a house, he should exercise his option for one. Otherwise both seats become vacant.
A. 1 only
B. 2 only
C. Both
D. None
Ans : C

Q - 269 : As observed by Salmond, jurisprudence is concerned with
A. to discover new rules
B. to reflect all the rules already known
C. to derive rules from authority and apply them to problems
D. logi
C.
Ans : B

Q - 270 : Who said jurisprudence is formal science of positive law?
A. Bentham
B. Stone
C. Austin
D. Holland
Ans : D

Q - 271 : Who said "Jurisprudence is nothing but lawyers, extroversion"?
A. Bentham
B. Stone
C. Austin
D. Holland
Ans : B

Q - 272 : Who is the author of the book, ‘Taking rights seriously’?
A. R. Dworkin
B. Hart
C. Bentham
D. Tom Bingham
Ans : A

Q - 273 : The concept of law depends largely on the:
A. social values
B. accepted norms
C. behavioural pattern of the particular society at a given time
D. All of the above
Ans : D

Q - 274 : Law consists of social norms which are:
A. coercive
B. ethical
C. non-coercive
D. religious
Ans : A

Q - 275 : Jurisprudence has been defined as the science of first principle of civil law by:
A. Salmond
B. Holland
C. Gray
D. Paton
Ans : A

Q - 276 : The expression ‘law’ in jurisprudence is mostly used to denote
A. Positive law
B. Negative law
C. Fundamental legal principles
D. Legal systems
Ans : C

Q - 277 : Austin's law is:
A. command of sovereign
B. command of God
C. command of people
D. command of constitution
Ans : A

Q - 278 : Which of the following is not a statement from the Austinian theory?
A. Every law is a command, imposing a duty, enforced by a sanction.
B. Law is a rule laid down from the guidance of an intelligent being by an intelligent being having power over him.
C. A legal rule can be defined as one which prescribes a code of conduct which is done with a feeling of such conduct is obligatory.
D. If a determinate human superior not in a habit of obedience to a like superior, receives habitual obedience from the bulk of a given society, that determinate superior is sovereign in that society.
Ans : C

Q - 279 : Mark the incorrect statement:
A. Law do not always command .but confers privileges also e.g., Right to make a will.
B. The notion of command is applicable to modern social/welfare legislation.
C. Austin's notion that sovereignty indivisible is falsified by federal constitutions e.g., India, USA
D. Austin's insistence on sanctions as a mark of law conceals and distorts the real character and functions of law in a community.
Ans : B

Q - 280 : Who said: Law consists of rules which are of broad application and non-optional character, but which are at the same time amenable to formulisation, legislation and adjudication?
A. Hart
B. Salmond
C. Kelsen
D. Austin
Ans : A

Q - 281 : Which of the following is not a statement from Hart's theory?
A. Law is a system of social rules which acquire the character of legal rules.
B. The union of the primary and secondary rules constitute the core of a legal system.
C. A legal rule can be defined as one which prescribes a code of conduct, which is done with a feeling that such conduct is obligatory.
D. The law is a normative and not a natural science.
Ans : D

Q - 282 : Mark the incorrect statement:
A. Positive law is made by sovereign and positive morality not by it.
B. Positive law is made by the sovereign and positive morality by Go
D.
C. Positive law is made by the sovereign and positive morality by the consent of the people.
D. None of the above
Ans : B

Q - 283 : The pure theory of law advocated by Kelsen implies that:
A. a theory which excludes everything which is strictly not law
B. a theory which includes everything which is law.
C. a theory which includes everything which is strictly law.
D. None of the above
Ans : A

Q - 284 : According to Kelsen, the law is a system of behavioural norms which can be traced back to some grundnorms or basic norms from which they derive their existence. The grundnorm: I must be efficacious 
II. The Grundnorm is not deduced from anything else but is assumed as an initial hypothesis. 
III. should secure for itself a minimum of effectiveness and when it ceases to derive minimum of support of people, it is replaced by some other grundnorm. Codes:
A. I and III
B. II and III
C. I, II and III
D. I and II
Ans : C

Q - 285 : Mark the incorrect option:
A. The province of jurisprudence determined - Austin
B. The concept of law - Hart
C. Vienna school of legal thought - Kelsen
D. None of the above.
Ans : D

Q - 286 : Mark the correct statement:
A. Natural law approach is not realistic and practical approach.
B. Natural law principles have inspired positive law, constitution and international law.
C. Naturalists bid to introduce moral element into a criterion of identification and laws have the effect of founding law on the value judgement.
D. All of the above
Ans : D

Q - 287 : The philosophical school seeks to investigate:
A. quest of the law
B. purpose for which a particular law has been enacted
C. the philosophical basis of the law
D. None of the above
Ans : B

Q - 288 : Law is a product of social life and is not created by arbitrary will of individual but by slow unavoidable advancement of human development. This statement belongs to:
A. Analytical school
B. Historical school
C. Sociological school
D. None of the above
Ans : C

Q - 289 : Which of the following is incorrectly matched? 
I. Fuller - inner morality 
II. Bentham - utilitarianism 
III. Maine - status of contract 
IV. Duguit - social solidarity 
V. Hart -rules on fundamentals of a legal system Codes:
A. None except I
B. None except III
C. None except IV
D. None of the above
Ans : D

Q - 290 : Mark the correct option:
A. Sources of law - Salmond
B. Nature and sources of law - Gray
C. (c) Des recht des besitzes - Savigny
D. All of the above
Ans : D

Q - 291 : A legal custom has to possess a sufficient measure of antiquity. Sufficient under the English law means that it must have existed since 1189. The law in India:
A. is same
B. does not need a fixed period for which custom must have been in existence for its validity
C. antiquity is not essential
D. None of the above
Ans : B

Q - 292 : The actual finding of true meaning of particular word in a statute is called:
A. interpretation of statute
B. construction of statute
C. both (a) and (b)
D. harmonization of statute
Ans : A

Q - 293 : It is one of the cardinal principle of delegate legislation that the legislature should not delegate to a subordinate body the power make rules on:
A. technical matter
B. policy matter
C. matter of inclusion and exclusion
D. date of commencement of a statute
Ans : B

Q - 294 : Which of the following is not a means for exercising control over delegated legislation?
A. Parliamentary control
B. Judicial control
C. Publication of delegated legislation
D. Registration of delegated legislation
Ans : D

Q - 295 : Mark the incorrect option:
A. Literal rule - grammatical or plain meaning rule
B. Golden rule - purpose of legislation
C. Harmonious construction rule - social welfare legislation
D. Literal rule - strict interpretation
Ans : C

Q - 296 : Which rule of interpretation is employed in the social welfare legislation?
A. Literal rule
B. Golden rule
C. Harmonious construction rule
D. Liberal or beneficial construction rule
Ans : D

Q - 297 : Which rule of construction is applied in the construction of penal statutes?
A. Literal rule
B. Golden rule
C. Harmonious construction rule
D. Liberal rule
Ans : A

Q - 298 : The maxim Ejusdem generis means:
A. of the same kind or nature
B. when particular words are followed by general words, the general words are constructed as limited to things of the same kind as specified in the particular words
C. both (a) and (b)
D. None of the above
Ans : C

Q - 299 : Which of the following is an internal aid to construction of a statute?
A. Title
B. Preamble
C. Proviso and explanation
D. All of the above
Ans : D

Q - 300 : The maxim Generalia specialibus non deterogant means:
A. a general later law does not abrogate an earlier special law by mere implication.
B. a general later law abrogates an earlier special law by mere implication.
C. a special later law does not abrogate an earlier general law by mere implication.
D. None of the above
Ans : A

101 - 200 | MCQ | Question and Answer in LAW Exam | AIBE | APP | Judiciary exams

Q - 101 : The tenancy y of an immovable property is monthly. In order to terminate the lease of it, a notice of which period shall be given –

A. One month
B. Two month
C. Six month
D. Fifteen days
Ans : D

Q - 102 : Interpleader suit is a suit –
A. Between two advocates
B. Between Union Govt. Pleader and State Govt. Pleader
C. Instituted by a person who has no interest in the subject matter
D. Instituted by a person who has interest in the subject matter
Ans : C

Q - 103 : Where the plaint is not filed in duplicate, the plaint may be –
A. Returned by the Court
B. Rejected by the Court
C. Dismissed by the Court
D. Admitted by the Court
Ans : B

Q - 104 : Where the plaint is not filed in duplicate, the plaint may be –
A. Returned by the Court
B. Rejected by the Court
C. Dismissed by the Court
D. Admitted by the Court
Ans : B

Q - 105 : In a suit against the State Government, who may sign the plaint on behalf of the Government ?
A. Governor of the State
B. Chief Minister of the State
C. Chief Secretary of the State
D. A person who by a general or special order appointed in this behalf by the Government
Ans : C

Q - 106 : The Court shall not grant temporary injection where –
A. Any property, in dispute, in a suit is in danger of being wasted, damaged or alienated by any party
B. Where plaintiff can be compensated by money
C. That the defendant threatened to remove or dispose of the property with a view to defrauding his creditors
D. None of the above
Ans : B

Q - 107 : The delivery of goods by one person to another for some purpose, upon a contract that they shall, when the person is accomplished, be returned or otherwise dispose of according to the direction of the person delivering them, is a contract of –
A. Guarantee
B. Bailment
C. Indemnity
D. None of these
Ans : B

Q - 108 : Which contract is void an initio?
A. A contracts to let her daughter on hire to B for concubinage
B. While entering into contract to sell a cow, A disclosed B that the cow gives five litres milk in a day whereas it gives four litres in a day
C. At the time of contract to selling a car, is 20 km per litre whereas its mileage is 18 km per litre
D. At the time of contract, A told B that the area of his house is 1400 sq. feet but on measurement the area of the house is found 1398 sq. feet
Ans : A

Q - 109 : A person is dispossessed of an immovable property without due course of law. When can he bring a suit for recovery of possession under Section 6 of the Act period ?
A. One year
B. Two year
C. Six months
D. Nine months
Ans : C

Q - 110 : In which case, the court can grant an injuction?
A. To restrain any person from prosecuting a judicial proceeding
B. To restrain any person from insitituting a criminal matter
C. To restrain any person from dispossession by force
D. To restrain any person from applying to any legislative body
Ans : C

Q - 111 : The provisions of Section 5 of the Act (Extension of prescribed period) are not applicable to –
A. Appeals
B. Revisions
C. Suits
D. Applications
Ans : C

Q - 112 : The period of limitation of a suit for recovery of arrears of rent from the due date shall be –
A. One Year
B. Two Years
C. Three Years
D. Five years
Ans : C

Q - 113 : Right to life and Liberty is ensured under –
A. Article 21 of the Constitution India
B. Article 36
C. Article 268
D. None of these
Ans : A

Q - 114 : How many times has the preamble to the Constitution of India been amended?
A. One
B. two
C. three
D. Four
Ans : A

Q - 115 : Article 360 to the Constitution of India deals with the provisions as to –
A. Financial Emergency
B. National Emergency
C. Presidential rule in any state
D. None of these
Ans : A

Q - 116 : The idea of Republic and the ideals of liberty, equality and fraternity as laid down in the preamble to the Constitution of India have been borrowed from –
A. French Constitution
B. American Constitution
C. English Constitution
D. Constitution of South Africa
Ans : A

Q - 117 : The Governor of a state is empowered to grant pardons et
C. and to suspend, remit or commute sentences in certain cases under?
A. Article 261
B. Article 161
C. Article 361
D. Article 368
Ans : B

Q - 118 : A person whose fundamental rights are violated can move the High Court under –
A. Article 20
B. Article 226
C. Article 32
D. Article 22
Ans : B

Q - 119 : Preamble of the Constitution declares India as –
A. A socialist Democratic Republic
B. A Sovereign Socialist Secular Democratic Republic
C. A Sovereign Democratic Republic
D. None of these
Ans : B

Q - 120 : If it appears to the Magistrate that the offence complained of is trouble exclusively by the court of session, he, under Section 202 Cr. P.
C. postponing the issue of process against the accused –
A. Shall commit the case to the Court of Session
B. May direct an investigation to be made by a police officer
C. Shall call upon the complainant to produce all his withness and examine them on Oath.
D. Shall return the complaint for presentation before the Court of Session.
Ans : C

Q - 121 : ………………… of the Indian Penal Code defines ‘Murder’
A. Section 299
B. Section 300
C. Section 301
D. Section 302
Ans : B

Q - 122 : A married man commits adultery if he has sexual intercourse with a/an –
A. Unmarried woman
B. Married woman except his wife
C. Any women accept his wife
D. Unmarried Woman without her consent
Ans : B

Q - 123 : Copies made from or compared with the original is –
A. Primary evidence
B. Secondary evidence
C. Inadmissible evidence
D. None of these
Ans : B

Q - 124 : The following is not the exception to the rule of hearsay –
A. Dying declaration
B. Res gestate
C. Medical Expert’s opinion
D. Confession
Ans : C

Q - 125 : The relief provided under the Specific Relief Act, is –
A. Discretionary
B. Mandatory
C. Statutory
D. Obligatory
Ans : C

Q - 126 : Find out the correct statement Specific Relief can be granted –
A. For enforcing individual civil rights and not for enforcing a penal law
B. For enforcing penal law and not for enforcing civil rights
C. Only for enforcing penal law
D. For enforcing civil rights and the penal law
Ans : A

Q - 127 : Find out the incorrect statement in respect of temporary injunctions.
A. Preventive relief granted at the discretion of the Court
B. Such as are to continue until a specified time or until the further order of the Court
C. Regulated by the code of civil procedure
D. Cannot be granted at any stage of a suit
Ans : D

Q - 128 : Which of the following contracts cannot be specifically reforced as per the provision of Section 14 of the Act?
A. Execution of a formal deed of partnership
B. Contract for the construction of any building or execution of any other work on land
C. Contract which is determinable in its nature
D. Contract to execute a mortage or furnish any other security for repayment of any loan which the borrower is not willing to repay at once
Ans : C

Q - 129 : An application for amendment of pleading is filed under –
A. Order 6 Rule 17
B. Order 6 rule 5
C. Order 38 rule 5
D. Order 21 rule 1
Ans : A

Q - 130 : Which two of the following rights do not find place in the International Convenant on Economic, Social and Cultural Rights? (a) Right to work (b) Right to adequate food (C) Right to self-determination (D) Right to privacy Select the Answer using the code given below :
A. 1and 2
B. 2 and 3
C. 3 and 4
D. 1 and 4
Ans : C

Q - 131 : Which two of the following rights do not find place in the International covenant on Civil and Political Rights? 1. Right to leave any country including his own and to return to his country. 2. Protection against torture and other forms of cruel and inhumane or degrading treatment or punishment. 3. Right to move the International Court of justice. 4. Right to be a member of the UN. Select the Answer using the code given below:
A. 1 and 3
B. 3 and 4
C. 1 and 4
D. 2 and 4
Ans : B

Q - 132 : Which one of the following statements does not occur in Article 1 of the Univeral Declaration of Human Rights?
A. All human beings are born free and equal in dignity and rights
B. They are endowed with reason and conscience
C. They should always live together peacefully
D. They should act towards one another in a spirit of brotherhood
Ans : C

Q - 133 : Consider the following statements: 1. Jurisdiction of the International Court of justice in voluntary and obligatory. 2. Jurisdiction of the International Court of justice can be imposed on Member Nations of the UN. 3. General Assembly and Security Council may refer a matter toe International Court of justice advice. 4. International Court of justice is court of appeal from Supreme court of Member Nations. Which of the two from the above statements are correct?
A. 1 and 3
B. 2 and 4
C. 3 and 4
D. 1 and 4
Ans : A

Q - 134 : Which one of the following is not included in the UN Charter as an objective of the United Nations?
A. To protect the sovereignty of the member states
B. To avoid war as a means for settlements of International disputes
C. Development of human personality
D. To ensure respect for international obligations arising from treaties and other forms of International Law.
Ans : C

Q - 135 : Consider the following statements : The Economic and Social Council of the U.N. : 1. may prepare draft conventions for submission to the General Assembly on subjects falling within its competence. 2. may call international conference on matters falling within its competence. 3. may appoint the members of Human Rights Committee. 4. may make recommendations for promoting respect for and observance of human rights and fundamental freedom. Which of the statements given above are correct?
A. 1 and 2
B. 1,2 and 2
C. 3 and 4
D. 1,2 and 4
Ans : D

Q - 136 : Which one of the following statements is correct? De facto recognition of a foreign government :
A. is as conclusively binding, while it lasts, as de jure recognition
B. is conclusive
C. is always equal to de jure recognition
D. has no legal effects
Ans : A

Q - 137 : What is an act of recognition to new territorial titles or territorial changes brought out by use of force or any other act of doubtful character depriving the rightful claimant thereto, commonly called?
A. Estrada Doctrine
B. Stimpsons Doctrine
C. Calvo Doctrine
D. Drago Doctrine
Ans : B

Q - 138 : Arrange the following sources of International Law in the preferential sequence in which they are applied by International Court of justice while deciding such disputes as are submitted to it? 1. General international convention. 2. General principles of law recognised by civilized nations 3. International customs 4. Judicial decisions of International tribunals Select the Answer using the codes given below :
A. 1,2,3,4
B. 4,3,2,1
C. 1,3,2,4
D. 4,2,3,1
Ans : C

Q - 139 : "Universal respect for, and observance of Human Rights and Fundamental Freedoms for all without distinction as to race, sex language of religion". Which one of the following documents contains the above?
A. Universal Declaration of Human Rights
B. UN Charter
C. European Covenant on Human Rights and Fundamental Freedoms
D. International Covenant on Civil and Political Rights
Ans : A

Q - 140 : Which one of the following is not a source of International Law?
A. Constitution of sovereign states
B. Treaties
C. International conventions
D. International customs and practices
Ans : A

Q - 141 : Which of the following is an element of Ihering theory of possession?
A. Overemphasis on the element of animus
B. Equal emphasis on the elements of animus and corpus
C. Owner like appearance in relation to a thing
D. Immediate physical power to exclude any foreign agency.
Ans : C

Q - 142 : Ownership without possession can be termed as which one of the following?
A. No ownership
B. Quasi ownership
C. Incomplete ownership
D. No-corporeal ownership
Ans : D

Q - 143 : Which one out of the following statements is not correct with reference to Savigny's theory of Volksgeist?
A. Law cannot be universal or general in character
B. Law is found and not made
C. Law grows with the growth and strengthens with the strength of people
D. Law is an instrument of social change and Social reform
Ans : D

Q - 144 : Who among the following propounded the theory of possession which lays stress not on animus, but on de facto control?
A. Salmond
B. Pollock
C. Holmes
D. jhering
Ans : B

Q - 145 : 'A' borrowed a sum of Rs. 5,000/- from 'B' , which he did not repay for a period of three years. Now which one of the following rights does 'B' have against 'A' ?
A. Perfect rights
B. Imperfect rights
C. Proprietary rights
D. None of the above
Ans : B

Q - 146 : What do Rights in re-aliena mean?
A. Rights in the things of others
B. Rights in one's own things
C. Rights relating to property
D. Rights to receive damages
Ans : A

Q - 147 : Match List-l with List-ll and select the Answer from the codes given below the List : List - I List - II A supreme Legislation
B.Executive Legislation
C.Debated Legislation
D.Conditional Legislation 1. Law based on discretion of the authority 2. Law enacted by authority other than legislature 3.Law enacted by the legislation 4.Ordinance issued by the resident/ Governer Law made by judges while the case Codes :
A. A B C D 3 4 2 1
B. 2 1 5 4
C. 3 1 2 4
D. 2 4 5 1
Ans : A

Q - 148 : Who among the following divided the sources of law into formal sources and material sources?
A. Allen
B. Keeton
C. Salmond
D. Gray
Ans : C

Q - 149 : Why is the expiatory theory of punishment obsolete now?
A. It does not empower the State to impose punish
B. It is incapable to reform the wrong doer
C. It is based on moral doctrines
D. It enlarges the limits of jurisprudence
Ans : C

Q - 150 : Eugen Ehrlich is a well Known jurist of sociological school of jurisprudence. Which one of the following statements may not be attributed to the theory propounded by him?
A. Law is derived from social facts
B. Law depends on social compulsion
C. Three is a 'living law' underlying the formal rule of the legal system
D. State law has significant influence on shaping and development of living law
Ans : D

Q - 151 : Balancing of social interests and the doctrines of social engineering is the greatest contribution to sociological school. This is attributed to whom?
A. Duguit
B. Roscoe Pound
C. Savigny
D. jhering.
Ans : B

Q - 152 : Which of the following factors are responsible for the resurgence in favour of natural law thinking in the twentieth century? 1. The decline in social and economic stability in the twentieth century 2. The expansion in government activity 3. Growth of weapons of destruction and policies of genocide 4. Growing inclination of people towards religion Select the Answer using the codes given below:
A. 2,3 and 4
B. 3 and 4
C. 1,2 and 3
D. 1 and 4
Ans : C

Q - 153 : Match List-l (jurists) with List-ll (View About Law/jurisprudence) and select the Answer using the codes given below the Lists: List -I (Jurists) List -II (View About Law/ Jurisprudence)
A. Bentham
B. Austin
C. Kelsen
D.Hart 1. Concept of Law 2.Pure theory of law 3.Limits of Jurisprudence defined 4. Province of jurisprudence determined 5.Concept of living lawa Codes :
A. A B C D 1 2 5 3
B. 3 4 2 1
C. 1 4 2 3
D. 3 2 5 1
Ans : B

Q - 154 : There is a clear cut division between the spheres of the legislature and the judiciary. The former makes the laws and the latter applies them. Which one of the following propounds this doctrine?
A. Analytical jurisprudence
B. Historical jurisprudence
C. Sociological jurisprudence
D. Philosophical jurisprudence
Ans : A

Q - 155 : It is said that the next step forward in the long path of man's progress must be from jurisprudence to jurimetrics. In this context, what does jurimetrics signify? 1. Speculation about law 2. Scientific investigation of legal problems 3. Increasing awareness of the fruits of interdisciplinary co-operation 4. Relationship between law, economy and society Select the Answer using the codes given below:
A. 1,2 and 3
B. 2,3 and 4
C. 1,3 and 4
D. 1,2 and 4
Ans : B

Q - 156 : In India, which one of the following is the real guiding factor for the State to meet social needs and for the establishment of new social order?
A. Fundamental Rights
B. Preamble of the Constitution
C. Directive Principles of State Policy
D. Distribution of Powers
Ans : C

Q - 157 : The Supreme court has interpreted the 'power of judicial review' as a basic feature of the Constitution. However, there is a Schedule to the Constitution, in which if a statute is specified, it cannot be

Q - ed in a court of law on the ground of violation of fundamental rights. Which one of the following is that Schedule?
A. Tenth Schedule
B. Eleventh Schedule
C. Ninth Schedule
D. Twelfth Schedule
Ans : C

Q - 158 : The following are enshrined in the Preamble to the Constitution of India : 1. Equality of status and opportunity 2. Liberty of thought, expression, belief, faith and worship 3. Justice-social, economic and political 4. Fraternity assuring the dignity of the individual 5. Unity and integrity of the Nation Which one of the following is the correct order in which they appear in the Preamble?
A. 5,1,2,4,3
B. 3,2,1,4,5
C. 3,1,2,5,4
D. 1,2,4,3,5
Ans : B

Q - 159 : Which of the following sections of citizens should be excluded from the benefits of reservations according to the principles of 'Creamy Layer' as propounded by the Supreme Court in Mandal Commission judgment? 1. Advanced sections among the other Backward Classes 2. Advanced sections among the Schedule Castes 3. Advanced sections among the Schedule Tribes 4. Advanced sections among the economically backward classes Select the Answer using the codes given below :
A. 1 only
B. 1 and 2
C. 1 and 4
D. 2 and 3
Ans : D

Q - 160 : Match List-l (Case) with List-ll (Subject Dealt with) and select the Answer from the codes given below the Lists: List - I (Case) List - II (Subject Dealth With) 1. L.Chandra Kumar Vs.Union Of india
B. T.M.
A. Pal Foundation Vs.State of Kerala
C. Randhir Singh Vs.Union Of India
D. S.Jagannath Vs.Union of India 1. Equal pay for equal work 2.Prawn Culture and Coastal Zone Regulations 3.Judicial Review 4. Rights of Minority Educational Institutions 5.Uniform civil code Codes :
A. A B C D 1 4 5 2
B. 3 2 1 4
C. 3 4 1 2
D. 1 2 5 4
Ans : C

Q - 161 : Which one of the following Fundamental Rights is available to both the citizens and alliens?
A. The right to equality of opportunity in public employment
B. The right to six freedoms
C. Cultural and educational rights
D. The right to equality
Ans : D

Q - 162 : In which case has Supreme Court of India held that there is no reason to compel non-smokers to be helpless victims of air pollution?
A. Salem Advocate Bar Association. Tamil Nadu Vs. Union of India
B. Onkar Lal Bijoy Vs. Union of India
C. Murli S. Deora Vs. Union of India
D. Ramakrishnan Vs. State of Kerala
Ans : C

Q - 163 : Which one of the following is not a Directive Principle of State Policy?
A. Organization of Village Panchayats.
B. Uniform Civil Code for citizens as well as non-citizens.
C. Right to work, to education and to public assistance in certain cases.
D. Participation of workers in management of industries.
Ans : B

Q - 164 : Which one of the following statements is correct? Right to free and compulsory education to all children of the age of six to fourteen years is :
A. a fundamental right enforceable in a court of law
B. a fundamental duty
C. a directive Principle of State Policy
D. a fundamental right which, however can be enforced only if the State makes an enabling legislation
Ans : A

Q - 165 : For which of the following can special provisions be made under Article 15 of the Constitution of India? 1. Women and children 2. Scheduled Tribes 3. Economically backward classes 4. Socially backward classes Select the Answer using the codes given below:
A. 1,2 and 4
B. 1 and 3
C. 2,3 and 4
D. 1,2,3 and 4
Ans : A

Q - 166 : Who appoints the judicial officers of the subordinate judiciary other then the district judges?
A. Union Public Service Commission
B. State Public Service Commission
C. Governor in accordance with the rules made by him in consultation with the High Court and State Public Service Commission
D. Governor in consultation with the High Court exercising jurisdiction in relation to such state
Ans : C

Q - 167 : Which one of the following statements is correct? On receipt of a Constitutional Amendment Bill after its passing by each House of the Parliament, the President :
A. shall give his assent
B. may give his assent
C. may withhold his assent
D. may return the Bill for reconsi deration
Ans : A

Q - 168 : Through which provisions, does the Constitution of India explicitly prohibit racial discrimination in India?
A. Articles 14 and 17
B. Articles 17 and 23
C. Articles 15 and 16
D. Articles 17 only
Ans : C

Q - 169 : Consider the following Judgements of the Supreme Court which dealt with the appointment and transfer of judges of the Supreme Court and High Courts: 1. S.P.Gupta Vs. Union of India 2. Sankal Chand Seth Vs. Union of India 3. In re Special Reference No. 1 of 1998 4. Supreme Court Advocates on Record Association Vs. Union of India Which one of the following is the correct chronological order in which the above judgements were delivered?
A. 1,2,3,4
B. 2,1,3,4
C. 2,1,4,3
D. 1,2,4,3
Ans : C

Q - 170 : Consider the following statements : The High Court has jurisdiction to : 1. punish for its contempt 2. tender advice on the legal

Q - referred to it by the Governor of the State 3. tender advice on a legal

Q - referred to it by the Governor of the State 4. issue certain writs for enforcement of Fundamental Rights or for other purposes Which of the statements given above are correct?
A. 1 and 4
B. 1 and 2
C. 1,2 and 3
D. 2,3 and 4
Ans : A

Q - 171 : Which one of the following statements is correct ?
A. Union Public Service Commission may serve the needs of a State if requested by the Governor of that State and approved by the President
B. Union Public Service Commission may serve the needs of a State if requested by the Chief Minister of that State
C. Union Public Service Commission cannot serve the needs of a State
D. Union Public Service Commission may serve the needs of a State simply on request of Governor. Approval of the President is not necessary
Ans : A

Q - 172 : The Amendment in Article 31 (c) which gave precedence to all Directive Principles of State Policy over Fundamental Rights was declared ultra virus and void, in which one of the following cases?
A. Minerva Mills Vs. Union of India
B. N.K Rai Vs. Union of India
C. Wamam Rao Vs.Union of India
D. Sanjeev Coke Manufacturing Company Vs. Bharat Cocking Coal Lt
D.
Ans : A

Q - 173 : In which one of the following cases.did the Supreme Court rule that the principal of sovereign immunity will not apply to a proceeding for award of compensation for violation of Fundamental Rights ?
A. State of Rajasthan Vs. Vidyawati
B. Kasturi Lal Vs. State of Uttar Pradesh
C. Murli S. Deora Vs. Union of India
D. Nilabati Behera Vs. State of Orissa
Ans : D

Q - 174 : The first Amendment to the Constitution made in 1951, made changes in relation to which of the following provisions? 1. Special provisions for advancement of socially and educationally backward classes 2. Validation of certain Acts and Regulations specified in the Ninth Schedule 3. Saving of certain laws giving effect to certain Directive Principles 4. Saving of laws providing for acquisition of estates Select the Answer using the codes given below :
A. 1,2 and 3
B. 1,2 and 3
C. 2,3 and 4
D. 1,3 and 4
Ans : A

Q - 175 : Which one of the following statements is correct? When the President issues a proclamation of Emergency :
A. all the fundamental Rights are automatically suspended
B. only Article 19 is automatically suspended The enforcement of all other Fundamental Rights can be suspended by an order of the President
C. only Article 19 is automatically suspende
D. The enforcement of all other Fundamental Rights except Articles 20 and 21 can suspended by an order of the President
D. Article 19 can be suspende
D. Other Fundamental Rights cannot be suspended
Ans : C

Q - 176 : In which List-| is the subject of preventive Detention enumerated ?
A. The Union List
B. The Concurrent List
C. The State List
D. None of the above
Ans : B

Q - 177 : Which of the following are the matter covered under List-1 of Seventh Schedule of the Constitution of India? 1. Foreign loans 2. Atomic energy 3. Insurance 4 Public health Select the Answer using the codes given below :
A. 1,2,3 and 4
B. 1,2 and 4
C. 1 and 4
D. 2,3 and 4
Ans : B

Q - 178 : Consider the following statements : The executive power of the Union extends to giving of direction to a State in respect of : 1. construction and maintenance of means of communication of national or military importance 2. maintenance of law and order in that State 3. protection of railways within the State 4. protection of secular character of the country Which of the statements given above are correct ?
A. 1 and 2
B. 2 and 3
C. 1 and 3
D. 1,2,3 and 4
Ans : C

Q - 179 : Match List-| (Case) with List-|| (Subject) and select the Answer using the codes given below the Lists : List - I (Case) List -II (Subject)
A. State of Rajasthan Vs.G.Vjawla
B. K.T. Moopil Nair Vs.State Of Kerala
C. Gujarati University Vs.State of kerala
D. M.Karunanidhi Vs. Union of India 1. Harmonious construction 2. Colourable Legislation 3. Repugnancy 4. Pith and Substance 5. Incidental Powers Codes :
A. A B C D 1 3 5 2
B. 4 2 1 3
C. 1 2 5 3
D. 4 3 1 2
Ans : B

Q - 180 : A manufacturer of ginger beer had sold to a retailer, bottles of ginger beer in opaque bottles.The retailer sold one such bottle to 'A' who gave to his girl friend which contained the decomposed remains of a dead snail. The lady alleged of that she became seriously ill on consuming a portion of the contents from the said bottle. Which one of the following conclusions is correct as to the liability in law of torts?
A. The manufacturer of the ginger beer shall be liable for negligence
B. The manufacturer is not liable at all
C. The retailer will liable to the lady as he sold the bottle
D. The lady is not entitled to damages due to her contributory negligence
Ans : A

Q - 181 : Match List-| (Rules/Maxims) with List-|| (Cases) and Select the Answer from the codes given below the Lists : List-I (Rules/Maxims) List -II (Cases)
A. Neighbour Principle
B. Last Opportunity Rule
C.Res ipsa Loquitur
D. Doctrine Identification 1. Davies Vs. Mann 2. Byrne Vs.Boadle 3.Mathews Vs.London Street Tramways Co. 4. Donoghue Vs. Stevenson 5. Ashby Vs.White Codes :
A. A B C D 3 2 5 4
B. 4 1 2 3
C. 4 2 5 3
D. 3 1 2 4
Ans : B

Q - 182 : In which one of the following cases did the Supreme Court of India give a ruling that sovereign immunity of the State is subject to the fundamental Rights?
A. State of Rajasthan Vs. Vidyawati
B. Shyam Sunder Vs. State of Rajasthan
C. Kasturi Lal Ralia Ram jain Vs. State of U.P.
D. People Union for Democratic Rights Vs. State Bihar.
Ans : D

Q - 183 : Which one of the following statements is not correct ?
A. The principles of master's liability for the acts of a servant is based on the doctrine is respondent superior
B. The rule of master's liability for the acts of the servant is based on the maxim qui facit per alium facit per se
C. Master's liability for the torts of his servant is absolute and it is immaterial whether the tort was committed in the course of his employment or not
D. The rule of master's liability for the act of the servant is based on the capacity to pay, in most of the cases, servant is not financially in good position to pay the damages
Ans : C

Q - 184 : Where does vicarious liability generally arise from?
A. A contract of service
B. A contract for service
C. A contract of service as well as a contract for service
D. a wrongful act of the master
Ans : A

Q - 185 : An army truck driven by an army driver while going to leave army jawans on the station for enabling them to catch their home town, hit a pedestrian and killed him due to rash and negligent driving. Which one of the following is correct?
A. In this case vicarious liability is to be imposed on the Government of India.
B. In this case vicarious liability would be claimed under the defence of sovereign functions of the State.
C. In this case no liability will be imposed under the defence of inevitable accident
D. In this case both Government of India and the drive personally would be liable
Ans : A

Q - 186 : C, a stranger blocked the water pipes of a wash-basin and opened the tap. The wash-basin was otherwise in the control of the defendant
B. The overflowing water damaged the plaintiff goods. Thereupon the plaintiff filed a suit for damages against the defendant
B.
C.was not made a party. In the aforesaid suit which one of the following conclusions is correct?
A. The defendant was liable for damages to the plaintiff to the basis of rule of strict liability
B. The defendant was not liable for damages
C. The stranger C will have to pay damages
D. The plaintiff's suit will be decreed in his favour
Ans : D

Q - 187 : Due to the collapse of the clock-tower situated opposite the townhall in main bazaar of a city,a number of person die
D. The clock-tower belonged to the Municipal Corporation of the city and was exclusively under its control. It was 60 years old but the normal life of the structure of the building which had fallen could be 40 to 45 years having regard to the kind of material use
D. Mrs.X whose husband died due to the collapse of the clock-tower filed the suit for damages against the Municipal Corporation. Which one of the following maxims is applicable in the aforesaid case?
A. Damnum sine injuria
B. Injuria sine damno
C. Res ipsa loquitur
D. Volenti not fit injuric
Ans : C

Q - 188 : The defendants by digging a coalpit in the land intercepted the water which affected the plaintiffs well at a distance of about one mile. The plaintiff brought a suit for a damages against the defendants. Which one of the following maxims is applicable in the aforesaid case?
A. Damnum sine injuria
B. Injuria sine damno
C. Res ips loquitur
D. Volenti non fit injuria
Ans : A

Q - 189 : Who gave the 'Pigeon-hole' theory in definding tort?
A. Austin
B. Heuston
C. Salmond
D. Winfield
Ans : C

Q - 190 : A Magistrate in making a report to the superior casts an imputation on the character of a person Z in goods faith and for public goo
D. Which of the following defence is most appropriate?
A. justification
B. Fair comment
C. Absolute privilege
D. Qualified privilege
Ans : D

Q - 191 : In India and action of slander may be maintained without proof of special damage in some cases. Identify in which of the following cases proof of damage is necessary ?
A. Imputation of crime
B. Vulgar abusive language
C. Imputation of contagious disease
D. Imputation of lack of chastity to a woman
Ans : B

Q - 192 : When does the tort of condpiracy exist?
A. Two or more persons agree to commit and unlawful act
B. Two or more persons agree to commit some recognised tort
C. Two or more persons caused harm to the plaintiff
D. Two or more persons committed a concerted action to injure the plaintiff.
Ans : D

Q - 193 : During the scarcity of potatoes.long queues were made outside the defendant's shop who having a licence to sell fruits and vegetables used to sell only 1 kg of potatoes per ration car
D.The queues extended on to the highway and also caused some obstruction to the neighbouring shops. The neighbouring shopkeepers brought an action for nuisance against the defendant. Which one of the following decisions will be correct in this suit?
A. The defendant is liable for nuisance
B. The defendant is not liable for nuisance
C. The plaintiff's suit should be decreed in their favour
D. The defendant is liable to pay damages to the plaintiffs
Ans : B

Q - 194 : A theft had been committed in the defendant's house. He informed the police that he suspected the plaintiff for the same. Therefore the plaintiff was arrested by the police. A complaint was filed by the defendant but the plaintiff was subsequently discharged by the magistrate as the final report showed that there was no evidence connecting the plaintiff with the theft. The plaintiff filed a suit for damages on the ground of malicious prosecution. In the above case, which one of the following decisions is correct?
A. The plaintiff is entitled to claim damages from the defendant
B. The plaintiff is entitled to claim damages from the police
C. The plaintiff is entitled to claim damages from both
D. The plaintiff is not entitled to claim damages for malicious prosecution at all
Ans : D

Q - 195 : The branch of a tree growing on the defendant's land hung on the highway at a height of about 30 feet above the groun
D. In fine weather, the branch suddenly broke and fell upon the plaintiff's vehicle which was passing along the highway. For the damage to the vehicle, the plaintiff sues the defendant on the ground of nuisance. Which one of the following conclusions is correct in this suit ?
A. The defendant was liable for nuisance
B. The defendant was not liable for nuisance
C. The defendant was liable under the principle of strict liability
D. The plaintiff's suit should be decreed in his favour
Ans : B

Q - 196 : The defendant had filed a complaint to the Magistrate against the plaintiff. The complaint was dismisse
D. 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 complaint was dismissed by the Session Judge. Thereupon the plaintiff filed a suit for malicious prosecution against the defendant. In the aforesaid case, which one of the following conclusion in correct ?
A. The defendant is liable for malicious prosecution
B. The defendant is not liable for malicious prosecution
C. The defendant is not liable to pay damages to the plaintiff
D. The plaintiff suit must be dismissed
Ans : A

Q - 197 : Which of the following is an element of strict liability in tort?
A. Duty to take care
B. Fault
C. Breach of duty
D. No-fault
Ans : D

Q - 198 : Section 300 of the IPC speaks of situations in which if a murder is committed, then it is treated as 'culpable homicide not amounting to murder.' Which one of the following situations is not covered under S.300, IPC?
A. Exercise of the right of private defence
B. Exercise of legal
C. Exercise of legal powers
D. Sudden fight
Ans : C

Q - 199 : A lady wishing to get a railway ticket, finding a crowd at the ticket window at the station, asked 'X', who was near the window, to get a ticket for her and handed him over the money for the same, 'X' took the money and instead of getting the ticket run away with the money. What offence has been committed by 'X' ?
A. No offense
B. Offence of criminal breach of trust
C. Offence criminal misappropriation
D. Offence of theft
Ans : B

Q - 200 : Which of the following elements constitute criminal misappropriation of property ? 
1. Movable property belonging to a person other than the accused 
2. Any property belonging to a person other than the accused 
3. The accused must have misappropriated the property to his own use 
4. There must be dishonest intention on the part of the accused Select the Answer using the codes given below :
A. 1,2,3 and 4
B. 1,3 and 4
C. 2 and 4
D. 2 and 3
Ans : B

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