Q. 1. Which one of the following propositions is not correct?
(a) Physical control is the essence of ownership
(b) Animus and corpus are necessary to constitute possession
(c) Only when both animus and corpus are lost, possession is lost—so said Paul
(d) Possession, is the prima-facie evidence of ownership
Ans. (a)
Q. 2. In which one of the following cases, is the President of India not bound by the aid and advice of the Union Council of Ministers?
(a) In deciding the question of removal of a Governor
(b) In deciding the question whether a member of Lok Sabha has become disqualified to continue as a member
(c) While exercising power to grant pardon
(d) In dismissing a civil servant without any enquiry and hearing on the ground of security of state
Ans. (b)
Q.3. Which one of the following is the correct statement?
The original jurisdiction of the Supreme Court does not extend to any dispute between
(a) the Government of India and one or more States
(b) two or more States
(c) the Government of India and any State of States on one side and one or more other States on the other
(d) a State and a State corporation
Ans: (d)
Q.4. Which one of the following statements is correct?
A Private clause means
(a) statutory provisions which purport to oust the inherent jurisdiction of the superior court to review the legality of actions taken by statutory delegates.
(b) Henry VIII clause
(c) a provision conferring power of judicial review on quasi-judicial tribunal
(d) a provision depriving a private party from filing a write petition
Ans. (b)
Q. 5. Which one of the following is the correct statement? After exhausting all available remedies before the Supreme Court, a “Curative” Petition is maintainable as held in:
(a) Ashok Hurra case
(b) A.R. Antulay case
(c) Best Bakery case
(d) Fodder Scam case
Ans. (a)
Q.6. Which one of the following is the correct statement? The writ of certiorari can not be issued to quash
(a) an order suffering from failure to exercise jurisdiction
(b) an order based on insufficient evidence
(c) a non-speaking order passed by a quasijudicial body
(d) an order suffering from non-compliance with the prescribed procedure
Ans: (c)
Q. 7. In which one of the following case; did the Supreme Court rule that the power of judicial review vested in the High Courts in respect of the decisions given by the Service Tribunals, cannot be ousted or excluded even by a Constitutional Amendment?
(a) High Court of Judicature at Bombay v. Shirish Kumar
(b) Sampath Kumar v. Union of India
(c) L. Chandra Kumar v. Union of India
(d) All India Judges Association v. Union of India
Ans. (c)
Q. 8. Which one of the following is not within the purview of the functions of Public Service Commissions?
(a) Consultation relating to recruitment to civil services
(b) Consultation in relation to promotions and transfers from one service to the other
(c) Consultation in relation to reservation of appointments or posts in favor of any backward classes of citizens
(d) Consultation in relation to disciplinary matters affecting civil servants
Ans. (c)
Q. 9. Which one of the following statements is not correct?
(a) No law made by a State legislature shall be treated as unconstitutional if it incidentally touches upon the jurisdiction provides for under List I or List III.
(b) The legislature of a State cannot make a law to regulate “Water”.
(c) The law, made by Parliament under Article 357 for a State continues its application after the expiry of President’s rule.
(d) Parliament has full power to make law on residuary matter.
Ans. (b)
Q. 10. Which one of the following is the correct statement? The theory of repugnancy has application in a case where
(a) both Union and State occupy two different fields in different Lists
(b) both Union and State laws are enacted under the Concurrent List
(c) the Union law is enacted under List II and State law is enacted under List II
(d) the Union and State laws enacted under the State List
Ans. (b)
Q. 11. Which one of the following is the correct statement?
A resolution passed by the Council of States under Article 249 empowering Parliament to legislate on State subjects in national interest remains in force for a period
(a) not exceeding six months
(b) not exceeding two years
(c) not exceeding one year
(d) of unlimited time
Ans. (c)
Q. 12. If any directions are issued by Union Government to a State and they have not been .complied with, which one of the following statements is correct?
(a) It shall be presumed that the constitutional. machinery in the State failed as per Article 365 of the Constitution
(b) It shall be presumed that the State had law and order problem and action under Article 365 is required
(c) The Union Government can appoint advisers to help the Governor for performing his functions
(d) The Parliamentary may make law for that State
Ans. (a)
Q. 13.
Which one of the following is the correct statement? “Full faith and Credit” clause of the Constitution does not apply to:
(a) public records
(b) judicial proceedings
(c) acts of corporations
(d) public acts
Ans. (c)
Q. 14. Which one of the following is the correct statement? In Special Reference No. 1 of 2002, it was held that:
(a) a person convicted for an offence and punished with imprisonment of two years or more was disqualified to be appointed as Chief Minister of a State
(b) the imposition of President’s rule was not mandatory even if there was a gap of more than six months between two sessions of the Legislative Assembly if the Legislative Assembly had been dissolved
(c) the advice of Chief Justice of India regarding the appointment of judges of the Supreme Court shall be binding on the President
(d) the advisory opinion of the Supreme Court is. binding on all courts and authorities
Ans. (b)
Q. 15. Which one of the following is the correct statement?
The power of Indian Parliament to amend the
Constitution of India as a constitutional power was
laid down under Article 368 by
(a) the Constitution (First Amendment) Act, 1951
(b) the Constitution (Twenty fourth Amendment) Act, 1971
(c) the Constitution (Twenty sixth Amendment) Act, 1971
(d) the Constitution (Forty second Amendment) Act, 1976
Ans. (b)
Q. 16. Consider the following statements relating to the President of India
1. He may resign by writing to the Vice-President.
2. He shall continue, not withstanding the expiration of his term, to hold office until his successor enters upon his office.
3. He is not entitled to hold the office for more than two terms.
Which of the statements given above are correct?
(a) 1 and 3, only
(b) 1 and 2, only
(c) l, 2and3.
(d) 2and3, only
Ans. (b)
Q.17.Consider the following statements
l. The President can commute death sentence to the life imprisonment.
2. The Governor cannot commute death sentence to life imprisonment.
3. The President’s power to pardon extends to punishments or sentences b9 court martial.
Which of the statements given above is/are correct?
(a) 2 only
(b) 1 and 3, only
(c) 1, 2 and 3
(d) .2 and 3, only
Ans. (b)
Q. 18. Assertion (A) It shall be the duty of the Union and the State Public Service Commissions to conduct examinations for appointments.
Reason (R): The functions of Public Service Commissions are only advisory and not obligatory upon the government to act upon.
Ans. (a)
Q. 19. Consider the following statements
Article 286 of the Constitution of India provides that no law of a State shall impose, or authorize the imposition of a tax on the sale or purchase of goods where such sale or purchase
1. takes place even within the territory of the State.
2. takes’ place in the course of the import of the goods into, or export of the goods out of, the territory of India.
Which of the statements given above is/are correct?
(a) Only 1
(b) Only 2
(c)Both 1 and 2
(d) Neither I nor 2
Ans. (b)
Q. 20. Which one of the following statements is not correct ?
(a) The Supreme Court can over-rule itself
(b) A High Court can over-rule itself
(c) Obiter dicta of the Supreme Court also binds the lower courts
(d) Judgments of a High Court do not bind the lower courts of the State
Ans. (d)
Q. 21. In which one of the following cases Supreme Court had held that “States” do not enjoy sovereignty under the Indian Constitution as it does not provide for a federal character in the strict sense?
(a) in re Berubari Union
(b) State of West Bengal v. Union of India
(c) State of Bombay v. R.M.D. Chamarbagwala
(d) Sankari Prasad v. Union of India
Ans. (b)
Q. 22. Which one of the following statements is correct? The Preamble to the Indian Constitution declares the resolve of the people of India to secure to all its citizens.
(a) freedom of residence anywhere in the country
(b) right to establish and administer educational institutions of choice
(c) liberty of belief, faith and worship
Ans. (c)
Q. 23. Match List-I with List-IT and select the correct answer using the codes given below the lists:
List-I List-II
A. Liberty of thought 1. Right to freedom and expression
B. Freedom of speech 2. and expression
C.Making special provision
for women and children 3. Preamble provision for women
and children
D. Protection of interest 4.Life and liberty of minorities
5. Right to equality
Codes:
A B C D
(a) 3 1 5 2
(b) 2 5 4 1
(c) 3 5 4 2
(d) 2 4 5 1
Ans. (a)
Q. 24. Match List-I (Judicial. Principle) with List-II (Decision) and select the correct answer using the codes given below the lists:
List-I List-II
(Judicial Principle) (Decision)
A. Preamble 1. State of Orissa v. Miss Binapani Dei
B. Natural Justice 2. Kesavananda Bharati v. State of Kerala
C. Right to Life 3. Mohini v. State of Karnataka
D. Right to Education 4. Rudal Shah v. State of Bihar
5. Bhim Singh v. State of J & K
Codes:
A B C D
(a) 2 3 4 1
(b) 4 1 5 3
(c) 2 1 4 3
(d) 4 3 5 1
Ans. (c)
Q. 25. Which one of the following is the correct statement? Right to privacy as a Fundamental Right is implicit in:
(a) the Right to Freedom
(b) the Right to Personal Liberty
(c) the Right to Equality
(d) the Right against Exploitation
Ans. (b)
Q. 26. Which one of the following is not expressly covered as a Fundamental Right under the Constitution of India?
(a) Right to form association
(b) Right to equality before law
(c) Right to freedom of press
(d) Right to assemble peaceable and without arms
Ans. (c)
Q.27. Which one of the following is the correct statement?
Double Jeopardy means
(a) trying two persons jointly for the same offence
(b) trying the same person for So offences at two different times
(c) putting the same person on trial twice for the same offence.
(d) trying a person for two offences committed by him in one incident
Ans. (c)
Q. 28. In which one of the following cases the Supreme Court held that air waves and frequencies were public property and their use must be regulated by a public authority?
(a) Air India v. Nergesh Mirza
(b) Secretary, Ministry of I & B v. Cricket Association of Bengal
(c) Peoples’ Union Of Civil Liberties v. Union of India
(d) Union of India v. Association for Democratic Reforms
Ans: (b)
Q. 29. Which one of the following is the correct statement?
The writ of Mandamus can be issued
(a) against the legislature for making law
(b) for performance of a public duty
(c) for exercise of discretionary powers
(d) for deciding legality of an arrest
Ans. (b)
Q. 30. ‘A’ took an electric tandoor from B & Co. on rent. In the rent agreement there was a clause to the effect that the company shall not be liable for any personal injury to the hirer or to any other person while using it. However, due to defect in the tandoor, A’s wife was injured. She brought an action against B & Co.
Which one of the following is correct?
(a) She cannot succeed but ‘A’ can claim damages from B & Co.
(b) She cannot succeed as there was no contract between her and the Co.
(c) She would succeed
(d) She cannot succeed due to exemption clause
Ans. (c)
Q. 31 Match List-I (Maxim) with List-II (Case) and select the correct answer using the codes given below the lists
List-I List-II
(Maxim) (Case)
A. Injuria sine damno 1. Gloucester Grammar School Case
B. Damnuin sine injuria 2. Bird v. Holbrook
C. Res ipsa loquitur 3. Ashby v. White
D. Volenti non fil injuria 4. Byrne v. Boadle
5. Davies v. Mann
Code:
A B C D
(a) 2 4 5 3
(b) 3 1 4 2
(c) 2 1 4 3
(d) 3 4 5 2
Ans: (b)
Q. 32. Consider the following statements For making occupier or owner of a land liable on the basis of strict liability rule certain essential factors are
1. Keeping of a dangerous thing on his land.
2. non-natural use of land.
3. use of thing for common benefit.
4. escape of thing from his control.
Which of the statements given above are correct?
(a) 1, 2 and 3
(b) 2, 3 and 4
(c) 1, 2 and 4
(d) 3 and 4, only
Ans. (c)
Q. 33. On a rainy and windy day a live wire snapped from an electric pole. Mohan did not notice the wire and rode his bicycle over the wire. He got electrocuted and died. His widow brought an action for damages against the Electricity Board.
Which one of the following is the correct statement?
The Board is
(a) not liable as wire snapped due to act of God
(b) liable and basis of liability is the foreseeable risk inherent in the very nature of such activity
(c) not liable as it has statutory duty to supply electricity
(d) not liable as negligence on its part is nor proved
Ans: (b)
Q. 34.In which one of the following cases has the Supreme Court laid down that where the enterprise is engaged in hazardous or inherently dangerous activities and harm results to any one on account of accident, the enterprise is strictly liable to compensate all those who are affected by such accident ?
(a) Union Carbide Corporation v. Union of India
(b) M.C. Mehta v. Union of India
(c) Charan Lal Sahu v. Union of India
(d) Pondyal v. Union of India
Ans. (b)
Q. 35. Consider the following statements:
In case of joint publication of defamatory statement:
1. a corporation is liable for the malice of its agent.
2. the proprietor of a newspaper is liable for the malice of the editor.
3. a lawyer is liable for the malice in the notice issued under the instructions of his client.
4. the employer is liable for the malice of h typist who types a defamatory letter as dictated by his employer.
Which of the statements given above are correct?
(a) 1 and 2
(c) 3 and 4
(b) 1 and 3
(d) 1 and 4
Ans. (a)
Q. 36. Two dogs, belonging to two different persons, acting in concert attacked a flock of sheep and injured them.
Which one of the following is the correct statement? In an action for damages
(a) one of them is liable for one-half of the damage caused by his dog
(b) each of them is liable for lull damage caused by their dogs
(c) none of them is liable for full damage caused by their dogs
(d) each of them is liable proportional damage caused by. their dogs
Ans. (b)
Q. 37. Which of the following situations relate to joint liability?
1. When one person employs another to do an act which turns out to be a tort.
2. Master engages a servant ‘to do an act which amounts to tort.
3. Two or mote persons combine together to do an act amounting to tort.
4. Two or more persons do wrongful act resulting in one damage.
Select the correct answer using the codes given
below
(a) 1 and 2, only
(c) 1, 2 and 3
(b) 2, 3 and 4
(d) 1, 3 and 4
Ans. (d)
Q. 38. What does tort of negligence mean?
(a) Doing an act by failing to take reasonable care which a prudent man would take in similar circumstances
(b) Doing an act with intention to cause harm to others
(c) Doing an act without displaying mental alertness
(d) Doing an act with forgetfulness
Ans: (a)
Q. 39. Due to negligence of railway authorities, there was a major train accident. On hearing and seeing the news of the accident on TV mother of one of the passengers traveling in the train sustained severe shock resulting in heart attack. She claimed damages from the railways for the shock she sustained.
Which one of the following is the correct statement?
Railway authority is not liable as
(a) she was not directly involved in the accident
(b) she was not traveling in the train
(c) she cannot prove negligence of the railway authorities
(d) there exist no direct relation in term of time and space between the accident and the shock she sustained
Ans. (d)
Q.40. Consider the following statements:
For defamation the plaintiff has to prove that the imputation is false and malicious. In this context malicious means
1. with evil motive.
2. without just cause and excuse.
3. a factor relevant in assessment of damages.
4. an irrelevant plea of defamation.
Which of the statement given above is/are correct?
(a) 1 and 4
(b) 2 and 3, only
(c) 2only
(d) 2,3and4
Ans: (a)
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