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 our registered users of LawMint Online Practice Packs.
AILET PG LL.M. ADMISSION TEST – 2018
Duration 90 Minutes
Max. Marks : 150 (100 objective + 50 marks essay question)
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.
#For Austin, ‘general jurisprudence’ means the science concerned with the exposition of the principles, notions and distinctions which are
#The Sociological School of Jurisprudence is chiefly concerned with the relationship of law to
#The life of law has not been logic, it has been experience. The felt necessity of the time, prevalent moral and political theories, institutions of public policy have had a good deal more to do than syllogism in determining the rules by which men should be governed. This was the message of
#Which one of the following defines right as ‘an interest recognized and protected by law’ ?
#Bentham was the real originator of law as ‘Sovereign’s Command’ as revealed in his work
#Consider the following statements :
I. The outstanding fact of the society is the interdependence of men.
II. The doctrine of sovereignty has become meaningless.
III. Laws should be treated from the angle of purpose.
IV. The only right which any man can possess is the right always to do his duty.
Which of the statements given above can be subscribed to Duguit ?
#Fuller’s ‘purposive’ picture of law takes into account
#Which one of the following pairs is not correctly matched in relation to defects in the primary rules as enunciated by Hart and remedies thereof ?
#There are certain inconsistencies in the Savigny’s perception of law
1. His insistence on custom as the expression of popular consciousness is not historically and sociologically correct.
2. His concept of law is negative, obscurant and narrow sectarian in outlook and content.
3. Savigny’s Volksgeist is reappearing as a cancerous divisive force in body politic of several countries.
4. Give and take and imitation has no place in the program in a modern industrial and welfare state which is in abundance in his concept of law.
Which of the above mentioned statement(s) is /are correct ?
#Themistes are the first earliest forms and instruments of law having originated from the Homeric words Themis which means
#________ claimed that he “discovered” the Law of Three Stages as the governing principle of societal progress.
#According to Ehrlich, ‘the centre of gravity of legal development lies not in legislation nor in juristic science, nor in judicial decisions but in
#Although it is not easy to tag Holmes with a label of a school, yet his life and works have become source of inspiration to
#The main supporters of Expiatory Theory are
#Salmond originally divided the sources of law into
#According to the Lalitha Kumari judgment, while ensuring and protecting the rights of the accused and the complainant, a preliminary inquiry should be made time bound and in any case it should not exceed ________ days.
#The ascertainment of the ratio decidendi of a case depends upon a process of abstraction from the totality of facts that occurred in it. The higher the abstraction,
#There are four features of morality which Hart says are necessary for a clear picture of his concept of law. These four features, he describes under the heads of
#The Supreme Court has held that “sexual intercourse or sexual acts by a man with his own wife, the wife not being ________ years, is not rape”.
#Who deduced his legal theory from the inherent self-consciousness of a reasonable man ?
#Right to divorce is a
#In which of the following judgments, a Constitution Bench of the Supreme Court has held that the sale and installation of a lift is a works contract ?
#If the promisee accepts the anticipatory breach committed by the promisor, then
#A gratuitous bailment is terminated
#If the pawnor makes a default in payment of debt, at the stipulated time of promise
#In case of a sub-agent lawfully appointed, which of the following is correct?
#Which one of the following statements is not correct in so far as ‘jural’ relations are concerned ?
#A time barred debt or the Directive Principles of State Policy under the Constitution of India are examples of
#Who won the 2017 Right to Livelihood Award, otherwise known as Alternative Nobel Prize ?
#Which one of the following statements is NOT correct ?
#Which one of the following pairs is NOT correctly matched ?
(a) Quia Omne quod Solo inaedificatur solo cedit : By whatever mean it be, what is affixed to land becomes eroded to it
(b) Quicquid plantatur solo, solo cedit : Whatever is planted or affixed to the soil is ceded to the soil
(c) Nec vi nec calm nec precario : Possession must be to the extent to show that it is possession adverse to the competition
(d) Rechstsband sachenbesitz : Possession in rem
#Article 358 of the Constitution provides that when the proclamation of emergency is issued by the President under Article 352, the freedoms granted under Article 19 are
#Which one of the following statements is NOT correct ?
(a) Under Article 16 of the Constitution, the guarantee against discrimination is limited to ’employment’ and ‘appointment’ under the State
(b) Article 15 of the Constitution is more general and deals with all cases of discrimination which do not fall under Article 16 of the Constitution.
(c) Article 16 of the Constitution embodies the particular application of general rule of equality laid down in Article 14 of the Constitution with special reference for appointment and employment under the State.
(d) Article 16 of the Constitution does not guarantee equality of opportunity in matters of appointment.
#A Judge of the Supreme Court of India may be removed from his office under Article 124(4)of the. Constitution by an order of the President of India only on grounds of
#In __________, the Supreme Court observed that “what is practiced in our prisons is the theory of retribution and deterrence and the ground situation emphasizes this, while our criminal justice system believes in reformation and rehabilitation and that is why handcuffing and solitary confinement are prohibited. It is this ‘rejection’ of the philosophy of our criminal justice system that leads to violence in prisons and eventually unnatural deaths.” The Supreme Court highlighted the need for an overhaul, in order to ameliorate the conditions of prisoners across the country and thereby reduce the number of unnatural deaths.
#In India, the scheme of distribution of sources of revenue between the Centre and the States is based on the scheme laid down in
#Which one of the following cases is not an instance of Damnum Sine Injuria ?
#Which one of the following is the first Indian building to get the trademark under the Trademarks Act 1999, for its architectural design ?
#In which of the following countries, has the Supreme Court disqualified its former Prime Minister in connection with the Panama Papers Scam ?
#Non-pecuniary loss includes the following heads of damage :
#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
#The Law Commission of India in its 262nd Report has recommended that the death penalty may be abolished for all crimes, other than
#If the act is a lawful one and not a criminal act and if in the course of such an act any one of the persons jointly doing that act commits an offence, then
#The minimum period of imprisonment provided for an offence under the Indian Penal Code is imprisonment for
#The offence under section 379 is cognizable, non-bailable and compoundable when the value of the property does not exceed
#In 2016, a two-judge bench of the Supreme Court set aside the Jammu and Kashmir High Court’s judgment which 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 and Kashmir, 1920.
#Which one of the following statements is not correct ?
(a) section 34 and 120A of I.P.C. lay down different principles of law and there is substantial difference between the two.
(b) section 34 of I.P.C. lays down a principle in respect of a crime committed by several persons in furtherance of common intention of all.
(c) In section 120A, I.P.C., the liability is based on an agreement between two or more persons to do or cause to be done an illegal act or an act which is not illegal, by illegal means
(d) It is very much material whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.
#The maximum period of solitary confinement provided under section 73 of I.P.C. is
#An act resulting in death done with the knowledge of its very serious consequences does not by itself become murder under sub-section(4) of section 300, I.P.C., it must further be shown that
#There are two explanations attached to section 403 I.P.C. According to the first, a dishonest misappropriation for a time only is also misappropriation within the meaning of this section. The second explanation lays emphasis on
#The decision in Additional District Magistrate, Jabalpur v. Shivakani Shukla has been specifically overruled in
#In Baldev Singh v, State of Punjab, the Supreme Court emphasized the need to scrutinize, re-look and re-visit the sentencing policy under section ________ of the IPC.
#If a minor’s guardian makes a contract with an insurance company insuring minor’s property against fire, in the event of fire
#Which of the following statements is not correct ?
(a) When the acceptance is required by post, but the same is made by telephone or telegram i.e., by a quicker mode, will result in a valid contract.
(b) But if the deviation from the prescribed manner is to the disadvantage of the offeror, he is entitled to treat the acceptance as invalid.
(c) If the offeror wants the acceptance to be sent by wagon, but the same is sent by post, and the letter reaches after the arrival of the wagon, the offeror is entitled to treat the acceptance as invalid.
(d) The communication of the acceptance is complete as against the proposer, when it comes to the knowledge of the acceptor.
#In contracts of sale and purchase of goods, the measure of damages will be
(a) the difference between the price contracted and the price actually paid.
(b) the difference between the market price and the price actually paid.
(c) the difference between the price agreed upon and the market price.
(d) the difference between the market price and the speculated paid.
#A law which disqualifies a person with more than two children from holding the post of Panch/Sarpanch is valid and not violative of Article 14 of Constitution. In which of the following cases, the Supreme Court held this
#Choose the correct answer: After the House is dissolved, the Speaker is
#’Doctrine of unjust enrichment’ was laid down by the Supreme Court in which one of the following cases ?
#In which of the following cases, the Supreme Court introduced the ‘theory of alternative institutional mechanism’ ?
#In India, the rule of Absolute Liability was first laid down in the
#Which of the following statements is NOT correct ?
(a) Contingent contracts to do or not to do anything if an uncertain future event happens or not, cannot be enforced by law unless and until the event happens.
(b) If the event become impossible, such a contract becomes void.
(c) If the agreement is contingent on an impossible event, it is void.
(d) Such contracts are not enforceable if the contingency contemplated takes place or becomes impossible of taking place.
#There is no definition of the word ‘defraud’ but courts in India have followed the well-known analysis of the word by
#The judgment of the Supreme Court in Rattan Lai v. State of Punjab by the application of Clause(1) of Article 20 of the Constitution of India, held that the said Clause prevents retrospective operation of
(a) criminal laws
(b) civil as well as criminal laws
(c) only those civil and criminal laws which provide undue advantage
(d) only those criminal law which are against the interest of the accused
#Which of the following provisions is based on the rule of volenti non fit injuria
#Which Article of the Constitution of India makes pre-constitutional laws applicable in India ?
#The principle of ‘post-decisional hearing’ was not followed in
#Which one of the following is not correct ?
(a) Tax may be imposed by way of ordinance
(b) Preventive detention may be authorized by way of ordinance
(c) An ordinance promulgated by the President has its operation for a period of 6 months
(d) Ordinance may be promulgated by the President on any matter for which Parliament has power to make laws
#Match the following
(a) Right to live with human dignity enshrined in Article 21 derives life breath from Directive Principles of State Policy under clauses (e) and (f) of Article 39, 41 and 42
(b) Speedy trial is an essential ingredient of just, fair and reasonable procedure guaranteed by Article 21
(c) In a P.I.L., a total stranger to a trial cannot be permitted to question the correctness of conviction of the accused
(d) In case of helplessness or disability, any member of the public can maintain an appeal for an appropriate order, direction or writ, if there is a violation of a constitutional right.
1. Bhagwati J. in Bandhua Mukti Morcha v. UoI
2. P. N. Bhagwati J. in Hussainara Khatoon v. State of Bihar
3. Ahmadi J. in Simranjit Singh v. UoI
4. Bhagwati J. in S. P. Gupta v. UoI Codes
#Which one of the following statements regarding ‘Public Trust’ doctrine is not true ?
#Which of the following corporations, for the purpose of auditing, are kept completely out of the purview of CAG of India ?
I. Industrial Finance Corporation
II. Food Corporation of India
III. Central Warehousing Corporation
IV. Life Insurance Corporation of India
V. Reserve Bank of India
#The Legislative Council of a State can be abolished or created by
#The Supreme Court in Rakesh Kumar Paul v. State of Assam held that an accused is entitled to statutory bail (default bail) under section 167(2)(a)(2) of Code of Criminal procedure, if the police failed to file the charge-sheet within _______ days of his arrest for the offence punishable with ‘imprisonment up to _________ years’.
#The Chief Election Commissioner of India can be removed from office during his tenure by
#Who among the following introduced local self-government in India ?
#Which of the following statements is correct concerning the Overseas Citizens of India (OCI) Scheme as per Citizenship Amendment Act, 2015 ?
I. It seeks to merge the Person of Indian Origin (PIO) and Overseas Citizens of India (OCI) schemes.
II. It seeks to give equal rights to the OCI card holder as an NRI.
#Inspite of being a non-member, who among the following can participate in the proceedings of either House of Parliament, without having the right to vote ?
#The principle of law laid down in Hadley v. Baxendale relates to
#’Compensation can be awarded to a person who suffered personal injuries at the hand of government officers which amounted to tortious act.’ This was held in
#After matching list I and II, point out the correct code.
1. Mersey Dock’s v. Proctor
2. Metropolitan Asylum District v. Hill
3. Nichols v. Marsland
4. Holmes v. Mather
a. Statutory Authority
b. Vicarious Liability
c. Inevitable Accident
d. Act of God
#Which of the following tort is an exception to the rule of irrelevance of motive in the law of Torts ?
#__________ propounded the theory that the primary purpose of the law of Tort is social engineering.
#The famous ‘Six carpenters’ case is related to
#Which of the following enactment/s provide for compensation to the victim without going into the question of fault ?
#In which one of the following cases did the Court of Exchequer explain the principle of res ipsa loquitur ?
#Which one of the following is a good defence for the tort of private nuisance ?
#As per Schedule 1 of the Code of Criminal Procedure, 1973, if it is not specifically mentioned whether an offence under a special enactment is cognizable or not, an offence punishable with imprisonment for less than ________ years is non-cognizable.
#In PUCL v. State of Maharashtra, the Supreme Court has issued 16 Guidelines regarding investigation of __________
#In which one of the following cases, the Supreme Court has held that the Government Employees can also file Public Interest Litigation since the Right to Judicial Remedies is a Constitutional Right available to all citizens of India ?
#The Chief Minister of a State in India is not eligible to vote in the Presidential election if
#A two-Judge Bench of the Supreme Court in Sher Singh @ Partapa v. State of Haryana, held that the prosecution can discharge the initial burden to prove the ingredients of section ________ of IPC, even by preponderance of probabilities.
#In which of the following cases, the Supreme Court has held in strong words that “imposing the mother tongue as the medium of instruction violates the fundamental rights.” ?
#The Law Commission of India in its 259th Report suggested for inclusion of a new Fundamental Right in the Constitution. Identify it from the following
#Which of the following lawyers argued the Kulbhushan Singh Jadav case in the International Court of Justice ?
#The Constitution Bench of the Supreme Court which decided the Triple Talaq’ case consisted of how many women Judge/s ?
#Which of the following High Courts declared the river Ganga and Yamuna as legal persons ?
#The Supreme Court appointed ___________ as amicus curiae in the petition seeking re-investigation in the Mahatma Gandhi assassination case.
#A sessions court can take cognizance of new offences and add new accused under section _________ of Cr.P.C., even when the magistrate had rejected the prayer earlier.
#The Supreme Court clarified that in case there is connectivity problems due to geographical location or there is some other unavoidable difficulty, the time for uploading FIRs can be extended upto ________ hours.
#In _________ a Constitutional Bench of the Supreme Court held that the Supreme Court by invoking Article 32, 136 and 142 of the Constitution is empowered to transfer a case from a court in the State of Jammu and Kashmir to a court outside the State or vice versa.
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.