MH-SET Previous Question Paper Law 2013 P-II Mock Tests

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This is the full previous question paper from MH-SET 2013 Paper II Law Subject, i.e. the Maharashtra State Eligibility Test examination conducted in 2013 for eligibility for Assistant Professor posts in Maharashtra & Goa.

The official answer key for this question paper, along with other all recent previous papers and 100 Mock tests / model papers with unlimited practice are included in our online MHSET Law Online Practice Pack.

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1# The primacy to all laws implementing the directive principles over the fundamental rights is given by :
A# Article 31A
B# Article 31B
C# Article 31C
D# Article 31D

2# In the ______ case it was held that Article 21 was the sole repository of the right to life and personal liberty.
A# Habeas Corpus
B# A.R. Antulay
C# Kesavanand Bharati
D# Maneka Gandhi

3# Which Article of the Constitution of India does not provide for legislative power of parliament ?
A# Article 2
B# Article 262
C# Article 13
D# Article 348

4# The High Court Judges are appointed by :
A# the Governor of a state
B# the Chief Minister of a state
C# the President of India
D# the Chief Justice of India

5# Which one of the following fundamental duties relates to safeguard of public property ?
A# Article 51A(b)
B# Article 51A(c)
C# Article 51A(i)
D# Article 51A(j)

6# Which one of the following doctrine relates to the interpretation of conflicts between law and fundamental right ?
A# Doctrine of stare decisis
B# Doctrine of pith and substance
C# Doctrine of severability
D# Doctrine of clear and present danger

7# In which of the following cases the Supreme Court laid the basic structure doctrine ?
A# Maneka Gandhi
B# Golak Nath
C# Kesavananda Bharati
D# ADM Jabalpur

8# To determine the nature, whether it is a ratio-decidendi or obiter dicta; a test is prescribed for, is a :
A# material fact
B# classical
C# right thesis
D# wambaugh

9# Prof. Kelsen has prescribed a condition for a Grundnorm in the form of :
A# Acceptance by the Judiciary
B# Acceptance by the Government (Executive)
C# Acceptance by the Legislature
D# Acceptance by minimum number of people

10# According to Prof. Lon Fuller’s notion of internal morality doctrine, ________ is not a part of it :
A# Access to Justice
B# Public promulgation
C# Prospectivity of law
D# General application

11# According to Prof. Joseph Raz ______ is not a nature of sovereignty in view to Austin.
A# Illimitability
B# Unique
C# Applicability to sovereign
D# United

12# Prof. Roscoe Pound has prescribed the solution to balance competing interest, is :
A# Democratic
B# Moral
C# Judicial
D# Referendum

13# ‘Right is an indispensably valuable possession’ ______ is defined by :
A# Holland
B# Savigny
C# Dworkin
D# Feinberg

14# One of the following earned the title of the ‘Second Father of the Law of Nations’ :
A# Prof. Zouche
B# Prof. Oppenheim
C# Prof. Friedman
D# Prof. Kelsen

15# The first effort was made to transform the status of individual from the object to the subject of International Law after :
A# The First World War
B# The Second World War
C# Vienna Conference
D# Indo-China War

16# ______ Doctrine states recognition should not be given to any government which has come in power by revolutionary means.
A# Estrada
B# Tobar
C# Stimsons
D# Monroe

17# The ‘United Nations Day’ is celebrated on :
A# 24th Oct. 1945
B# 25th Oct. 1945
C# 26th Oct. 1945
D# 23rd Oct. 1945

18# The primary responsibility of Security Council is :
A# to maintain the security of the veto power states
B# to maintain the peace and security of all UNO member states
C# to maintain and promote universal brotherhood amongst all member states
D# to maintain and improve the standard of living of underdeveloped states

19# The Inter-American Commission of Human Rights became an organ of the _______ to promote and protect Human Rights.
A# Organization of American States
B# Organization of American Unity
C# Organization of African States
D# Organization of African Unity

20# Match the pairs :

List I
(1) Option of Puberty
(2) Period of Purity
(3) Right to have custody of child
(4) Void marriage

List II
(i) Tuhr
(ii) Khyal-ul-bulug
(iii) Batil Nikah
(iv) Hizanatb
A# 1-(ii) 2-(i) 3-(iv) 4-(iii)
B# 1-(iii) 2-(ii) 3-(iv) 4-(i)
C# 1-(ii) 2-(iv) 3-(iii) 4-(i)
D# 1-(i) 2-(ii) 3-(iii) 4-(iv)

21# Marriage may be void on the ground that either party to the marriage was impotent under :
A# Hindu Law and Parsi Law
B# Muslim Law and Christian Law
C# Parsi Law and Christain Law
D# Hindu Law and Special Marriage Act

22# ‘The purpose of divorce law is not to punish the guilty spouse but to protect innocent spouse.’ This was held in :
A# Gollins Vs. Gollins (1963)
B# Nachimson Vs. Nachimson (1930)
C# Hyde Vs. Hyde (1860)
D# Ammini Vs. Union of India (1995)

23# Registration of adoption is not obligatory though parties are free to enter into a registered deed under Section _______ of the Hindu Adoption and Maintenance Act, 1956.
A# 14(2)
B# 16
C# 12
D# 14(3)

24# ‘Alimony Pendente Lite’ can be claimed by ______ under Hindu and Parsi Laws.
A# husband only
B# wife only
C# husband or wife
D# children and parent only

25# Which of the following statements is incorrect ?
A# Dowry offences are cognizable for the purpose of investigation only
B# Dowry offences are bail-able
C# Dowry offences are non- compoundable
D# Agreement for giving and taking dowry is void

26# What can a catalogue of books, listing price of each book and specifying the place where the listed books are available be termed as ?
A# An offer
B# An obligation to sell book
C# An invitation to offer
D# A promise to make available the books at the listed price

27# Which of the following Acts does not fall under the categories of fraud ?
A# International false statements of facts
B# Innocent false statement
C# Active concealment of facts
D# Promise made without intention to perform

28# Read Assertion (A) and Reason (R) and with the help of codes given below, point out the correct explanation :
Assertion (A) : A minor on attaining majority cannot ratify an agreement entered into while he was a minor.
Reason (R) : Ratification ‘relates back’ to the date of the making of the contract and, therefore, a contract which was void at the time when it was entered into cannot be made valid by subsequent ratification.
A# Both A and R are true and R is good explanation of A
B# Both A and R are true but R is not a correct explanation of A
C# A is true but R is false
D# A is false but R is true

29# Moral pressure is involved in the case of :
A# Coercion
B# Undue influence
C# Misrepresentation
D# Fraud

30# Consider the following propositions :
(1) If the frustration is self-induced it can be a defence for breach of contract.
(2) Self-induced frustration can never be a defence for breach of contract.
(3) The burden of proving that frustration was self-induced is on the party who is alleging that it was so induced.

Of These propositions :
A# 1 and 3 are valid
B# 2 alone is valid
C# 3 alone is valid
D# 2 and 3 are valid

31# Special damages, that is, the damages which arise due to some special or unusual circumstances :
A# are partially recoverable
B# are illegal being punitive in nature
C# cannot be claimed as a matter of right
D# can be claimed as a matter of right

32# In which case the Supreme Court of India held that a Tort is generally viewed as the breach of a duty owned to the public in general ?
A# Nilabati Behera Vs. State of Orissa
B# Union Carbide Corporation Vs. U.O.I.
C# Jaylaxmi Salt Works P. Ltd. Vs. Gujarat
D# Indian Council for Enviro-Legal Action Vs. U.O.I.

33# Silence amounts to fraud :
A# Always
B# Never
C# When duty to speak is not fulfilled
D# When duty to speak is fulfilled

34# Who delivered a judgment of P and O, Steam Navigation Company Vs. Secretary of State for India :
A# Chief Justice Peacock
B# Chief Justice Richard Garth
C# Chief Justice Sir Charles Turner
D# Lord Kingsdown

35# The maxim ‘qui facit per alium facit per se’ is the basis of :
A# Strict liability
B# Absolute liability
C# Vicarious liability
D# Liability of State

36# The maxim ‘damnum sine injuria’ means :
A# damage or loss without infringement of legal right
B# infringement of private legal right without damage or loss
C# liability without fault
D# person, whose right has been infringed is entitled to bring an action

37# The rule of contributory negligence is based on the maxim :
A# res ipsa loquitur
B# in pari delicto potior est conditio defendantis
C# damnum fatale
D# causa causans

38# Actus reus means :
A# act accompanied by bad intention
B# act done in furtherance of common intention
C# act prohibited by law
D# act committed by the offender

39# Impossibility of commission of an offence is a valid defence if an attempt has been made by the accused in furtherance of the commission in respect of an offence of :
A# Rape
B# Murder
C# Theft
D# None of the choices

40# To establish the defence on the ground of insanity, it must be clearly proved that at the time of committing the act the accused does not know the nature and quality of act he is doing and that the act is contrary to law was held in :
A# Gibbins and Proctor
B# R.V. John McIver
C# M’Naghten
D# R.V. Stephen and Brown

41# With reference to the offence of Abetment, which of the following is the correct statement ?
A# the act abetted must have been committed.
B# the act abetted need not be actually committed.
C# the act abetted is at least partially commissioned.
D# abettor must do some positive act or omission to be liable.

42# The offence of custodial rape was dealt in :
A# Nanawati’s Case
B# Manura’s Case
C# Bacchan Singh’s Case
D# Radheshyam’s Case

43# Making a sound or gesture to insult the modesty of woman is covered under :
A# Section 509 of IPC
B# Section 354 of IPC
C# Section 361 of IPC
D# Section 357 of IPC

44# Under the Indian Penal Code sexual intercourse by a man with his own wife :
A# cannot amount to rape as marital rape is not recognised in India.
B# can amount to rape if wife is below the age of 15 years.
C# will amount to rape if her consent is not duly taken.
D# will amount to rape if wife is below the age of 18 years.

45# Dowry related offences are covered under _______ provision of the IPC.
A# Section 498
B# Section 497
C# Section 498A
D# Section 498 and 497 read together

46# Definition of industry includes any calling of employers and service, employment, handicraft or :
A# any industrial job or engagement.
B# industrial occupation or avocation of workmen.
C# avocation of workmen in all plants and services units.
D# all activities admissible at the instance of the works committee.

47# The matter relating to employment and non-employment are included in the definition of :
A# Industry
B# Industrial Disputes
C# Lay off
D# Strikes and Lockouts

48# Under the Industrial Disputes Act, a dispute is not an industrial dispute if it is between :
A# employer and employer
B# employees and employees
C# employers and workmen
D# workmen and workmen

49# Every workman can be laid off provided :
A# Tsunami occurs
B# Government declares holiday
C# The workman reaches the workplace late by 2 hours
D# Lockout is declared in response to illegal strike

50# Rights and immunities under the Trade Unions Act, 1926 are conferred upon _______ Trade Unions.
A# Registered
B# Registered and Recognised
C# Neither Registered nor Recognised
D# Recognised

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The official answer key for this question paper, along with other all recent previous papers and 100 Mock tests / model papers with unlimited practice are included in our MH SET Law Online Practice Pack.

Authentic Feedback from previous exam users :

"Just wanted to let you know that I have cleared JRF with 99.99th percentile. Thank you for all your help and support that made it possible. " - Kanchan Yadav

"Thank you so much for the UGC NET test series. I finally qualified the exam. It was possible because of the mock test series provided by your team." - Robin Jaiswal

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