This is the AILET 2017 question paper for LLM program admission in the National Law University, Delhi (NLU Delhi). This specific paper is also referred as AILET PG LLM 2017.
Note : This is not the complete question paper. This post contains only the question headers for reference. The complete papers, with the official answer keys are available for LawMint registered users of our practice packs.
AILET PG LL.M. ADMISSION TEST – 2017
Date of Exam : 7th May, 2017 (Sunday)
Duration 90 Minutes
Max. Marks : 150
INSTRUCTIONS TO CANDIDATES
1. No clarification on the question paper can be sought. Answer the questions as they are.
2. There are 100 multiple choice objective type questions of one mark each which has to be answered in the OMR sheet.
3. Candidates have to indicate the correct answer by darkening one of the four responses provided in the OMR Sheet. Use ONLY HB PENCIL AND DO NOT USE BALL POINT/INK/GEL PEN.
4. There is one essay question of 50 marks which has to be answered in separate sheet with a pen. Total marks are 150.
5. There is no negative marking.
6. Answering the questions by any method other than the method mentioned above shall be considered incorrect and no marks will be awarded for the same.
7. More than one response to a question shall be counted as Zero.
8. The candidate shall not write anything on the Answer Sheet other than the details required and in the spaces provided for.
9. After the examination is over, the candidate has to return the test booklet alonq with Answer Sheet, to the invigilator.
10. The use of any unfair means by any candidate will result in the cancellation of his / her candidature.
11. Impersonation is an offence and the candidate, apart from disqualification, may have to face criminal prosecution.
12. No electronic gadgets like mobile phone or calculator will be permitted inside the test center.
PART – I
1. In both Plato’s and Aristotle’s philosophy of law and justice
2. Rousseau, a great champion of individual freedoms and rights makes individual subject only to the
3. Which one of the following writers advocated retention of only such laws which promoted four goals of subsistence, abundance, equality and security ?
4. Holland says, Jurisprudence is not a science of legal relations a priori as they might have been or should have been, but is a posteriori that is to say from Law which has been
5. The typical nineteenth century Austinian positivistic approach envisaging Status quo, laissez faire, sanctity of contract inherited both by Indian judges and lawyers have largely contributed in the perpetuation of
6. In the nineties and in the early part of the twenty first century, Holmesian thesis of
law which Julius Stone perceived as lawyer’s extra-version has become an effective practice and integral part of Indian Judicial process leaving behind the old fashioned dictum that ,
7. ______ said that The inn that shelters for the night is not the journey’s end. The law, the traveller, must be ready for morrow. It must have a principle of growth.’
8. Which one of the following pairs is not correctly matched ?
(a) sic utere tuo ut alienum non laedas : to use your own property as not to injure your neighbour’s right
(b) re legitima portis : a person cannot dispose off his entire property
(c) jus tertii : to set up title of a third person other than himself or the plaintiff
(d) nec vi nec clam nec precario : possessor must show to the competitor
9. Hagerstorm rejected the notion of law as command and insisted on morals or as he puts it
10. The three defects in the Simple Social Structure of Primary rules as enunciated by Hart are
11. The distinction between duty imposing rule and power conferring Rules of Hart is what Alf Ross refers to as the distinction between
12. Professor Thibaut’s proposals for a code on the pattern of Napoleonic Code for Germany was instantaneously answered in 1814 by Savigny in his famous pamphlet
13. ‘I have a right to do as I please.’ The term ‘right’ in this statement refers to
14. According to Henry Maine, the progressive societies are those which proceed to develop law with the help of three new instrumentalities viz.
15. According to Durkheim, Mechanical Solidarity is based on likeness and a sense of common identity. People are bound together by the fact that they have been brought up to act and think alike, follow similar routines and
16. Mainly there are four classes of rights in re-aliena viz
17. Who made an observation that the object of Concession Theory was to keep personality under lock and key ?
18. Etymologically seisin is associated with possessio and besitz and in early English law it was used to describe possession of both
19. Consider the following statements
1. The main assumption of Realist theory is that corporate personality is a reality.
2. A corporation is a representation of psychological reality that exists independently of the fiat of the State and are recognised rather than created by it.
3. The Realist theory asserts that group personality has the same feature as a human personality.
4. The Realist theory does not represent any reaction against the omnipotence of State implied in the fiction.
20. The Supreme Court has directed the Law Commission of India to examine various issues relating to the working of Tribunals including the desirability of providing statutory appeals directly to Supreme Court from orders of Tribunals on issues not affecting national or public interest and other aspects of statutory framework in respect of Tribunals in
21. In , the Supreme Court directed to upload copies of FIR within hours on police website.
22. Constitution Bench of the Supreme Court held that the cap of 14 years Rule on aggregate punishment under Section of CrPC is not applicable to Sessions Court.
23. The 21st Law Commission released its first report in October 2016 on
24. In ______ former Judge of the Supreme Court of India was invited by Supreme Court to present his view.
25. Which of the following High Courts held that Section 52 (1) (i) of the Copyright Act is broad enough to cover the acts of photocopying and the creation of course packs by University for its students?
26. Supreme Court lifted the ban on registration of 2000 CC plus diesel cars with imposition of % cess on ex-showroom price which will be levied as environmental tax which has to be paid either by the manufacturer, dealer or buyer.
27. Supreme Court recently quashed criminal proceeding against which Indian player for allegedly hurting religious sentiments by portraying himself as Lord Vishnu on the cover of a business magazine?
28. Which of the following statutes define offences in absolute terms, i.e., without mentioning the necessity of mens real
29. Under the Law of Tort, a minor
30. The Narco-Analysis technique involves the intravenous administration of
31. A sentence of imprisonment for life may be commuted for imprisonment for a term not exceeding years or for Fine.
32. Simultaneous civil and criminal proceedings are
33. Which of the following change/s was/were introduced in the Code of Criminal Procedure in 1973?
34. Who among the following laid down the Hicklin Test (1869), which is still followed by the courts in various countries as the authoritative test to determine ‘obscenity’?
35. The action for criminal contempt may be taken by
36. Central Vigilance Commissioner can be removed from the office only after an enquiry conducted by
37. No court shall take cognisance of an offence punishable with fine only, after the expiry of the period of limitation of
38. At any time before the judgment is pronounced, prosecution of any person may be withdrawn with the consent of the court by
39. Delhi High Court referred to of Constitution of India to hold that Lieutenant Governor is the administrative head of the NCT of Delhi.
40. Which of the following statement/s regarding ‘Surrogacy (Regulation) Bill, 2016 is/ are correct ?
I. The Bill allows for altruistic surrogacy. But does not prohibit commercial surrogacy completely.
II. The Bill will regulate surrogacy in India and provides for establishment of National Surrogacy Board at the Central level and State Surrogacy Boards.
III. The Bill allows altruistic surrogacy for the couples with proven infertility and upon fulfilment of some other conditions.
IV. The surrogate mother has to be a close relative of the intending couple and be an unmarried woman of 20 – 25 years.
41. Which countries Court of Appeals upheld open internet rules that prohibit broadband carriers from playing favourites of blocking competing online service ?
42. Which of the following is true about the Child – friendly Courts ?
I. Separate waiting rooms for children
II. Judge and Police officers not to be in their uniforms
III. Video-camera trial for accused
IV. Direct contact between child and the accused in few cases only
43. Which of the following statements is true about malice-in-law and malice-in-fact ?
44. ‘Although, prima facie and as a general rule, there must be a mind at fault before there can be a crime, it is not an inflexible rule, and a statute may relate to such a subject-matter and may be so framed as to make an act criminal whether there has been any intention to break the law or otherwise to do wrong, or not.’ This was held in
45. The case of Hochster v. De La Tour deals with
46. Which of the following State provides for 69% of reservations ?
47. A two judge bench of the Supreme Court set aside the Jammu and Kashmir High Court’s judgment which had held that various key provisions of the were outside the legislative competence of Parliament, as they interfered with Section 140 of the Transfer of Property Act of Jammu & Kashmir, 1920.
48. The President of India is not bound by the advice of the Union Council of Ministers
49. The Constitution of India has no provision for the removal of
50. In which of thefollowing cases, the Supreme Court introduced the present collegiums system of appointment and transfer of Judges ?
51. Which one of the following statements is NOT correct ?
(a) Where a court is not competent to frame charge in an offence it shall not be competent to permit, withdrawing from prosecution.
(b) The Public Prosecutor is bound to receive instructions from the government and such instructions would not amount to an extraneous influence.
(c) An order granting permission to withdraw the prosecution solely on the ground that where about of the accused was not available, is permissible.
(d) The Magistrate has discretion to grant or refuse permission to withdraw the prosecution.
52. The term ‘Contra proferentem’ means that
53. In some cases, it has been pleaded on behalf of the Government that the law of estoppel is not applicable in view of
54. According to Saimond and Winfield, “A promise without consideration is a gift; one made for a consideration is a bargain.” However, in the following circumstances a contract without consideration will be perfectly valid
I. An agreement in writing made on account of natural love and affection
II. Contract of Agency
III. Promise to pay a time-barred debt
IV. Oral promise made on account of natural love and affection
55. Following are some of the exceptions under which third parties, which are strangers to the contract, can bring law suit to enforce their rights arising out of a contract
I. In cases of agency and gifts
II. In case of provisions in marriage settlement of minors
III. Beneficiaries in case of trust
IV. In case provision is made for the marriage or maintenance of a female member of the family on the partition of a Hindu Undivided Family.
56. If any person has been supplied with necessaries and he is not competent to contract due to lunacy, the reasonable price of those things can be recovered from him under the
57. A who is a minor takes loan from B. On attaining majority, A executes a bond in favour of B for the loan taken during the minority. Is A liable?
58. The doctrine of undue influence was evolved by the
59. Which of the following statements is false ?
(a) The defence of non est factum was evolved by the judiciary to save the position of a person who signed a document but could not read it due to his blindness or illiteracy.
(b) In course of time, the defence of non est factum came to be applied to other areas also besides blindness and illiteracy.
(c) The doctrine of non est factum applies in case of a misrepresentation inducing a mistaken belief regarding the class and character of a supposed document.
(d) The doctrine originally applied to the negotiable instruments but it came under criticism and after being overhauled by the House of Lords, it applies only to contracts.
60. An agreement curtailing the period of limitation has been distinguished from an agreement resulting in the release or forfeiture of the rights if an action is not brought within a certain period. Such clauses are generally there in
61. Which of the following are not types of agents?
I. Del Credere
II. pacca adatia
62. There are two important theories of doctrine of frustration, viz., theory of implied term and
63. The doctrine of supervening impossibility will not apply in the following cases
I. Difficulty in performance
II. Outbreak of war
III. Commercial impossibility
IV. Strikes, Lock-outs and civil disturbances
64. Where an Amendment seeks to make any change in any of the provisions mentioned in the proviso to Article 368 of the Constitution of India
65. No specific time limit for ratification of an Amending Bill by the State Legislatures is laid down, however, the resolution ratifying the proposed Amendment should be
66. For the further continuance of the emergency beyond the period of six months, approval by Parliament would be required
67. Which one of the following is not the duty of the Finance Commission of India ?
68. The power to prorogue the House is vested in
69. According to D. D. Basu, if the Prime Minister, who is defeated in the House or who loses the confidence of the House, refuses to resign, the President may dismiss him, and this power is confided in the Constitution of India in
70. The objectives laid down in Article 40 have been fulfilled by enacting the Constitution 73rd and 74th Amendments Act 1992 known as the
71. Whereas the 25th Amendment gave primacy to Directive Principles of State Policy contained in Article 39 (b) and (c) over the Fundamental Rights in Articles 14,19 or 31 of the Constitution of India, the 42nd Amendment gave precedence to all Directive Principles over the Fundamental Rights guaranteed in
72. The places of worship like Temples, Mosques, Gurudwaras cannot be used for hiding criminals or carrying on anti-national activities. They cannot be used for political purposes. The State has power to prohibit such activities under
73. The rule of res judicata is not applicable to the writ of
74. Article 19 (4) empowers the State to impose reasonable restrictions on the right of freedom of association and union in the interest of
75. Article 14 of the Constitution permits classification but prohibits
76. Dicey wrote, “every official from the Prime Minister down to the Constable or a Collector of taxes is under the same responsibility for every act done without legal justification as any other citizen.” Dicey gave three meanings of the Rule of Law
I. Absence of arbitrary power or supremacy of law
II. Equality before law
III. The Constitution is the result of the ordinary law of the land
IV. There is no exception from the operation of law
77. Any law, executive order made by the State during the period of emergency cannot be challenged on the ground that they are inconsistent with the rights guaranteed under
78. Which of the following statements is not correct ?
(a) The power of the legislature under Article 245 of the Constitution to enact laws is a plenary power subject only to its legislative competence and other constitutional limitations.
(b) The power to validate a law retrospectively is unfettered.
(c) The legislature has power to alter the existing laws retrospectively.
(d) The power to make laws include the power to give effect to it prospectively
79. What is ‘fellow servant’ Rule ?
80. According to Justice Holmes, law is
(a) A social institution to satisfy social wants
(b) Aggregate of rules set up by men as politically superior or sovereign, to men as politically inferior
(c) The statement of circumstances in which the public force will be brought to bear upon men through courts
(d) A crystallised common sense of the communities
81. __________ says that the Realist Movement is a ‘gloss’ on the Sociological School of law.
82. The influence of the individuals upon the legal development is by the Volkgeist Theory.
83. The Tort litigation is increasing in India particularly under the Motor Vehicles Act 1988 as there is a provision under this Act for compulsory compensation to be given
84. According to Winfield
(a) Tortious liability arises from breach of duty primarily fixed by the law. This duty is towards persons generally and its breach is redressible by action for unliquidated damages.
(b) A tort is an infringement of right of a private individual giving a right of compensation at the suit of the injured party.
(c) A tort is a civil wrong for which the remedy in common law is action for unliquidated damages and which is not exclusively breach of contract or of trust or breach of other merely equitable obligation.
(d) A tort consists of those wrongs or unlawful acts which violates legal rights of a person for which law provides the remedy of unliquidated damages.
85. Which one of the following is not an instance of Injuria Sine Damnum ?
86. There shall be no appeal by a convicted person in any of the following cases
87. Regarding bail applications, a Bench comprising of Justice A. K. Goel and Justice U. U. Lalit of the Supreme Court of India has asked all High Courts to issue directions to their Subordinate Courts that
I. All bail applications normally be disposed of by judicial officers within one week.
II. Magisterial trial where accused is in custody be concluded within six months.
III. Session trial where accused is in custody normally be concluded within two years.
IV. Efforts to be made to dispose of all cases, which are ten years old, by the end of the year.
V. The above timelines may, however, will not be the touchstone for assessment of judicial performance in annual confidential reports.
88. What is the significance of Pravasi Bhalai Sangathan v. Union of India (AIR 2014 SC 1591) case as a result of which the Law Commission of India has submitted its Report No.267 in March 2017 ?
89. Which of the following is correct in respect of ‘Right to be Forgotten’ ?
I. The Karnataka High Court in a landmark judgment recently has accepted, applied and approved the ‘Right to be Forgotten’ in Indian context.
II. It allows offenders who had served their sentence to object to the publication of information regarding their crime and conviction in order to ease their process of social integration.
III. The origin of this right can be traced back to the French jurisprudence on the ‘right to oblivion’.
IV. The Right to be Forgotten can be inferred from the provisions of the Information Technology (IT) Act 2000 (amended in 2008) as well as from the IT Rules, 2011.
90. There is difference between the torts of libel and slander. Which of the following is not correct ?
(a) Libel is a defamatory statement in permanent form and Slander is a defamatory statement in a transient form.
(b) Libel is actionable per se whereas damage must be proved for slander.
(c) Libel may be prosecuted as a crime as well as a tort, whereas slander is only a tort.
(d) Difference between libel and slander is clearer in cases of publication through radio, audio and video.
91. Which of the following is not a bar to the right to rescind the contract in cases of misrepresentation ?
92. Under Section 105 of I PC, the right of private defence of property in cases of theft commences when a reasonable apprehension of danger to the property commences and
93. Preparation for the commission of a crime is
(a) punishable under the IPC
(b) not punishable under the IPC
(c) punishable when the preparation is with the intention of waging war against the Government of India or preparation to commit dacoity
(d) punishable only when the preparation is with the intention of waging
94. In __________ Supreme Court bench of Justices Dipak Misra and Prafulla C. Pant observed “any kind of liberal approach or thought of mediation in this regard (between rape victim and the accused) is thoroughly and completely sans legal permissibility.”
95. In which of the following cases, Supreme Court held that an offence under the criminal law does not depend upon the gender of the accused ?
96. Which of the following provisions of IPC prescribes death sentence as the only punishment for murder ?
97. Which one of the following correctly identifies the remedies available to the victim in case of false imprisonment ?
98. In ________ the Supreme Court held that women can be arrested by police at any time and even in absence of lady constable if the arresting officer records the proper reason for such arrest.
99. Which of the following was never held or observed by the Privy Council in Mohori Bibee v. Dharamodas Ghose
100. Which of the following sections of Indian Penal Code aims at achieving the age-old principle of peaceful co-existence of different countries of the world, especially neighbouring countries?
Note : This post contains only the question headers for reference. The complete papers, with the official answer keys are available for our registered users of our practice packs.