Previous Years (Past) Papers for Uttarakhand PSC-2006 Law.pdf

61. How many principles of the U.N. are laid down for organic observance by the United Nations ?
(A) Three
(B) Four
(C) Two
(D) Seven
Answer: (D)

62. The International Court of Justice may decide a case ex aequo et bono if—
(A) The court deems it necessary
(B) The President of the court desires so
(C) The General Assembly requests the court
(D) The parties concerned agree for it
Answer: (D)

63. The view that international law is not law but international positive morality was held by—
(A) Oppenheim
(B) Starke
(C) Holland
(D) Austin
Answer: (D)

64. Which judge is considered pioneer in the growth of the ‘principle of absolute liability in tort’ ?
(A) Blackburn J.
(B) Lord Denning M.R.
(C) Lord Halsbury
(D) Justice P.N. Bhagwati
Answer: (D)

65. There is no distinction between ‘Sovereign functions’ and ‘Non- Sovereign functions’ of State in regard to liability of State in tort is said in the case of—
(A) Kasturi Lal Vs. State of U.P.
(B) Nagraj Rao & Co. Vs. State of A.P.
(C) State of Rajasthan Vs. Vidhyawati
(D) All of the above
Answer: (B)

66. Who among the following has propounded the ‘Pigeon Hole Theory’ related to law of torts ?
(A) Winfield
(B) Underhill
(C) Salmond
(D) Flemming
Answer: (C)

67. In which of the following case relating to contributory negligence, the principle first applied by the Court came to be known as the ‘Last opportunity rule’ ?
(A) Butterfield Vs. Forrester
(B) Davies Vs. Mann
(C) Admiralty Commissioner V.S.S. Volute
(D) British Colombia Electric Railway Vs. Loach
Answer: (B)

68. A master is liable for the tort committed by his servant the servant acts—
(A) For the benefit of his master
(B) During his duty hours
(C) In the course of his employment
(D) To the detriment of the plaintiff
Answer: (C)

69. Tort is infringement of a—
(A) Right in personam
(B) Right in rem
(C) Both right in personam and right in rem
(D) Neither right in personam nor right in rem
Answer: (B)

70. “If it was a lawful act, however ill the motive might be, the defendant had a right to do it.” This observation was made by the court in one of the following cases—
(A) Mayor of Bradford Corporation Vs. Pickles
(B) Ashby Vs. White
(C) Christei Vs. Davey
(D) Hollywood Silver Fox Farm Ltd. Vs. Emmet
Answer: (A)

71. As a legislative sequal to the Oleum Gas leak case, the Indian Parliament enacted a law. Which of the following was that legislation ?
(A) National Environment Tribunal Act
(B) Hazardous Waste (Management and Handling) Act
(C) Public Liability Insurance Act
(D) Bhopal Gas Leak Disaster (Processing of Claims) Act
Answer: (C)

72. Torts ‘Actionable perse’ are those torts—
(A) In which the plaintiff will have to prove special damage
(B) In which liability arises without intention or negligence
(C) In which some public right is infringed coupled with particular damage
(D) In which the plaintiff can sue even though he has suffered no actual loss
Answer: (D)

73. The exception of ‘Act of God’ was attached to—
(A) The Rule of strict liability
(B) The Rule of absolute liability
(C) The Rule of contribution
(D) Joint tort feasors
Answer: (A)

74. Which of the following requirements from an essential element of the defence of fair comment in the tort of defamation ?
1. The matter commented on must be of public interest.
2. It must be an assertion of fact.
3. It must be an expression of opinion.
4. The comment must be fair
Select the correct answer using the codes given below—
Codes :
(A) 1, 2, 3 and 4
(B) 1, 3 and 4
(C) 1 and 2
(D) 2 and 3
Answer: (B)

75. An appropriate remedy for tort is an action for—
(A) Injunction
(B) Prosecution
(C) Unliquidated damages
(D) All are correct
Answer: (C)

76. There is a children’s school by the side of a highway. While classes are going on, two children of the school stray on the highway. A truck is moving on the highway at narmal speed. While trying to avoid hitting the children, the truck collides with a bullock-cart. One person is injured, the bullocks die and the truck is also damaged. Which one of the following propositions correctly describes the liability ?
(A) The school administration would be liable because they were negligent
(B) The truck driver shall be liable because he did not take care
(C) The bullock-cart puller would be liable because he has not taken due care
(D) The children would be liable as they have contributed to the accident
Answer: (A)

77. Strict liability under law of torts means—
(A) Liability that is very severe
(B) Liability for any dangerous activity
(C) Liability without the need to establish fault
(D) Liability for mass torts
Answer: (C)

78. Youssonpoff Vs. M.G.M. Pictures Ltd., is a leading case on which of the following ?
(A) Defamation
(B) Negligence
(C) Contributory Negligence
(D) Strict liability
Answer: (A)

79. Assertion (A) : Tort liability and criminal liability are similar in some respects only.
Reason (R) : Because both are based on a duty primarily fixed by law and the duty is towards persons generally.
Codes :
(A) Both (A) and (R) are true, but (R) is not the correct explanation of (A)
(B) Both (A) and (R) are true, and (R) is correct explanation of (A)
(C) (A) is true, but (R) is false
(D) (A) is false, but (R) is true
Answer: (A)

80. Which one of the following limitations to the rule of ‘Volenti non fit injuria’ is not correct?
(A) The consent should be free
(B) Consent to illegal act is no consent
(C) Consent in rescue cases is no consent
(D) More knowledge of the rist is not assumption to the risk
Answer: (D)

81. ‘A’ sings obscene songs near the gate of Girls Degree College, what offence he has committed ?
(A) Assault
(B) Outraging the modesty of a women
(C) Criminal intimidation
(D) Obscenity
Answer: (D)

82. The principal of criminal liability—
Actus non facit reum nisi mens sit rea—was developed by—
(A) Equity courts
(B) Comon law courts
(C) Courts of star chamber
(D) Curia Regis
Answer: (B)

83. Gorachand Gopee Vs. R is a leading case on—
(A) Insanity
(B) Common intention
(C) Common object
(D) None of the above
Answer: (D)

84. For a sexual intercourse by the husband against the will of his wife, to be a rape the age of the wife should be—
(A) Below 17 years
(B) Below 15 years
(C) Below 16 years
(D) Below 18 years
Answer: (B)

85. Assertion (A) : To constitute the offence of abetment it is not necessary that the act abetted should be committed.
Reason (R) : Because an abetment of an offence itself is an offence.
Codes :
(A) (A) is false, but (R) is true
(B) (A) is true, but (R) is false
(C) Both (A) and (R) are true, and (R) is the correct explanation of (A)
(D) Both (A) and (R) are true, but (R) is not the correct explanation of (A)
Answer: (C)

86. ‘X’ and ‘Y’ agree to commit theft in ‘Z’s house but no theft is actually committed, they are guilty of—
(A) No offence
(B) Abetment by conspiracy
(C) Abetment by instigation
(D) Criminal conspiracy
Answer: (D)

87. Match list-I with list-II and select the correct answer by using the code given below the lists—
List-I
(a) Insanity as a defence
(b) Common intention
(c) Necessity
(d) Mistake as a defence
List-II
1. Emperor Vs. Barendra Kumar Ghosh
2. R. Vs. Mcnaughten
3. Bhavojivaji Vs. Mulji Dayal
4. R. Vs. Dudley and Stephen
Codes :
(a) (b) (c) (d)
(A) 1 2 3 4
(B) 2 1 4 3
(C) 3 2 4 1
(D) 4 3 1 2
Answer: (B)

88. ‘A’ instigates ‘B’ to burn Z’s house. ‘B’ sets fire to the house and at the same time commits theft of property there. In this case—
(A) ‘A’ is guilty of theft by setting fire to the house
(B) ‘A’, though guilty of abetting the burning of the house, is not guilty of abetting the theft
(C) ‘A’ is guilty of abetting the burning of the house as well as abetting the offence of theft
(D) ‘A’ is neither guilty of abetting the burning of the house nor of theft
Answer: (B)

89. Some militants are hiding in a house occupied by an individual. Militants are engaged in an attack on the police party by firing from the house. The police persons, to defend themselves, fire towards the house and an innocent person in the house is hit by the bullet and dies as a result thereof. The police persons are guilty of—
(A) No offence as they can claim the right of private defence
(B) Culpable homicide not amounting to murder
(C) Murder
(D) Death by rash or negligent act
Answer: (A)

90. A amd B were going on a boat. Suddenly the boat began to sink. A pushed B in the river and saved himself. B was drowned—
(A) A is justified in pushing B as it was an act of necessity
(B) No necessity except private defence is justifiable in killing a man
(C) It was done under compulsion
(D) All of the above are incorrect
Answer: (D)

91. The general exception based on the maxim ‘de minimum non curat lex’ is—
(A) Triviality
(B) Accident
(C) Consent
(D) Self-defence
Answer: (A)

92. The Supreme Court decision State Vs. Mayor Hans George AIR 1965 SC 722 is famous for—
(A) Strict interpretation of the socio-economic offence statutes
(B) Condition of implied exclusion of a mens rea.
(C) Non-exclusion of mens rea unless the statute expressly requires so
(D) None of the above
Answer: (C)

93. In which of the following case, The Supreme Court held that “Persistent demand of dowry is cruelty against wife” ?
(A) Hafizunissan Vs. Mohamad Yasin Khan
(B) Mohammed Ahmad Khan Vs. Shah Bano
(C) Anuradha Vs. Dr. Srikant
(D) Nijhawan Vs. Nijhawan
Answer: (C)

94. “In every statute mens rea is to be implied unless contrary is shown.” This view was expressed in—
(A) Harding Vs. Price
(B) R. Vs. Dudley
(C) Sherras Vs. De Rutzen
(D) R. Vs. Lipman
Answer: (C)

95. ‘A’ instigates ‘B’ to murder ‘C’. ‘B’ refuses to do so. In this case ‘A’ is liable to—
(A) Guilty of no offence
(B) Guilty of obetting ‘B’ to commit murder
(C) Guilty of murder
(D) None of the above
Answer: (B)

96. What is the minimum of persons required to further the common object ?
(A) 2 or more than 2 persons
(B) 4 persons
(C) 5 or more than 5 persons
(D) Number of persons is not certain
Answer: (C)

97. ‘A’ occasionally has sexual intercourse with the wife of ‘C’ without his consent. Under which Section of IPC ‘C’ can seek remedy ?
(A) 494
(B) 495
(C) 496
(D) 497
Answer: (D)

98. The father and mother-in-law of a woman subject her to cruelty for dowry. Which of the following Section of IPC provides punishment ?
(A) Sec. 323
(B) Sec. 350
(C) Sec. 349
(D) Sec. 498 A
Answer: (D)

99. Against which of the following offences right of private defence of body does not extend to the causing of death ?
(A) Rape
(B) Gratifying unnatural offence
(C) Causing miscarriage
(D) Kidnapping
Answer: (C)

100. The provision of India Penal Code have come into operation from the date ?
(A) November 30, 1861
(B) January 1, 1862
(C) July 1, 1862
(D) December 31, 1862
Answer: (B)

101. Which of the following is not an essential element of fraud ?
(A) It must be committed with an intention to deceive another party
(B) The person making false statement knows that it is false
(C) It must be committed by a party to the contract
(D) None of the above
Answer: (C)

102. Which one of the following cases is related to frustration of contract ?
(A) Carlill Vs. Carbolic Smoke Ball Co.
(B) Hadley Vs. Baxendale
(C) Derry Vs. Peek
(D) Raja Dhruvdeo Chand Vs. Harmohinder Singh & others
Answer: (D)

103. A promises to paint a picture for B. B afterwards forbids him to do so. A is no longer bound to perform to promise under which of the following Section ?
(A) Section–63
(B) Section–62
(C) Section–64
(D) Section–65
Answer: (A)

104. Assertion (A) : A party to the contract excuses himself from performing his part of contract, on the ground that he is left with no money or property to pay.
Reason (R) : An agreement to do an impossible act in itself is void and both parties are discharged from future performance.
Make the correct answer from the codes given below—
Codes :
(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 correct explanation of (A)
(D) (A) is true, but (R) is false
(C) (A) is false, but (R) is true
Answer: (D)

105. A knows that his horse had a damaged hoof which he filled up in such a way as to defy detection and sold it to ‘B’. This defect was subsequently discovered by ‘B’. The act of ‘A’ will amount to—
(A) A false suggestion
(B) Active concealment of fact
(C) Misrepresentation
(D) Mistake
Answer: (B)

106. Match list-I with list-II and select the correct by using the codes given below the list—
List–I
(a) Ramsgate Victoria Hotel Co.
Vs. Montefiore
(b) Tinn Vs. Hoffmann
(c) Household Fire Insurance Co. Vs. Grant
(d) Fitch Vs. Snedaker
List-II
1. Acceptance complete when letter of acceptance posted.
2. Cross offers do not create contract.
3. Communication of offer cannot be waived.
4. Unreasonable delay in accepting offer causes it to lapse.
Codes :
(a) (b) (c) (d)
(A) 1 2 3 4
(B) 4 2 1 3
(C) 3 4 2 1
(D) 2 3 1 4
Answer: (B)

107. A promises B to pay C Rs. 10,000 A does not pay the amount to C. A can be forced to make payment by—
(A) ‘B’ only
(B) ‘C’ only
(C) ‘B’ and ‘C’ together
(D) None of the above
Answer: (A)

108. An agreement in restraint of trade is void, if it imposes—
(A) An absoulte restraint
(B) A partial restraint
(C) Both (A) and (B)
(D) None of the above
Answer: (C)

109. ‘A’ promises to pay a sum of Rs. 50,000 to ‘B’, a judge to decide the case in his favour. It is—
(A) A valid contract
(B) A voidable contract
(C) A void contract
(D) An illegal agreement
Answer: (C)

110. Which of the following statement is not correct ?
(A) Illegal agreements affect-colateral transactions
(B) An agreement without consideration is void
(C) Consideration must be given by the promisee alone
(D) None of the above
Answer: (C)

111. “No one will be allowed to enrich himself at the cost of another.”
This principle is known as—
(A) Nudum pactum
(B) Quasi-contract
(C) Quantum-Merit
(D) Quantum-Valebat
Answer: (B)

112. A, B and C enter into an agreement for the division among them of gains to be acquired by them by fraud—
(A) The agreement is void
(B) The agreement is valid
(C) The agreement is voidable
(D) None of the above
Answer: (A)

113. ‘A’ is indebted to ‘B’, but the debt is barred by Limitation Act. A signs a written promise to pay Rs. 10,000 to ‘B’ on account of the debt. This agreement is—
(A) Valid
(B) Void
(C) Voidable
(D) None of the above
Answer: (A)

114. Which of the following is not a person of unsound mind ?
(A) Insane
(B) Idiot
(C) A person under the influence of liquor
(D) None of the above
Answer: (D)

115. Goods kept in show-case of a shop indicating price is—
(A) Offer
(B) Acceptance for offer
(C) Invitation to offer
(D) None of the above
Answer: (C)

116. Which of the following is required for an effective mistake of fact ?
(A) It must be a mistake of both the parties
(B) Fact must be essential to the agreement
(C) Mistake must be about existing fact
(D) All of the above
Answer: (D)

117. A minor mortgaged his house in favour of a money lender to secure a loan of Rs. 20,000 taken for his education. Money lender secures payment but minor refuses to pay for. Point out the correct legal position—
(A) Minor is not liable to pay loan as the contract is void
(B) Money lender can recover the rent from the estate of the minor
(C) Minor is personally liable to pay the loan.
(D) Minor will be bound by the mortgage, but not by the loan
Answer: (B)

118. “When consent to an agreement is caused by coercion, undue influence, fraud or misrepresentation, the agreement is a contract voidable at the option of the party whose consent was so caused” under which one of the following section ?
(A) Section 19
(B) Section 19 A
(C) Section 19 and 19 A
(D) None of the above section
Answer: (C)

119. “Public policy is a unruly horse, and when once you get astride it, you never know where it will carry you.” This quotation is related to—
(A) Gherulal Vs. Mahadeodas
(B) Richardson Vs. Mellish
(C) Fender Vs. John Mildmay
(D) Egerton Vs. Brownlaw
Answer: (B)

120. ‘A’ is trading with several types of oils. ‘A’ agrees to sell to ‘B’ “a hundred tons of oil” the agreement is void, because—
(A) It is uncertain
(B) There is no consideration
(C) There is no free consent
(D) None of the above
Answer: (A)law
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