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

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This is the full previous question paper from MH-SET 2013 Paper III 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# Article 16(4A) which gives power to the state to make laws regarding reservation in the matters of promotion in favour of scheduled castes and scheduled tribes was added by the :
A# 42nd Amendment to the Constitution of India
B# 76th Amendment to the Constitution of India
C# 77th Amendment to the Constitution of India
D# 94th Amendment to the Constitution of India

2# In additional District Magistrate Jabalpur Vs. Shivakant Shukla (1976) a dissenting judgment, as to the enforcement of fundamental rights during the operation of Presidential Order under Article 359(1) of the Constitution of India, was delivered by _______
A# Justice H.R. Khanna
B# Justice Fazl Ali
C# Justice Y.V. Chandrachud
D# Justice P.N. Bhagwati

3# The Section 303 of the Indian Penal Code dealing with compulsory death sentence for murder committed by a life convict undergoing the sentence of imprisonment for life was declared as unconstitutional in :
A# D.K. Basu Vs. State of West Bengal (1997)
B# Maneka Gandhi Vs. Union of India (1978)
C# Bachan Singh Vs. State of Punjab (1980)
D# Mithu Vs. State of Punjab (1983)

4# In which of the following cases the Certificate of the High Court is not required to appeal to the Supreme Court under the Constitution of India ?
A# If the High Court has an appeal reversed an order of acquittal of an accused person and sentenced him to death
B# If the case involves a substantial question of law as to the interpretation of the constitution
C# If in the opinion of the High Court the said question needs to be decided by Supreme Court
D# If the case involves a substantial question of law of general importance

5# Which Article of the Constitution of India provides for the power of the Supreme Court to sit in Delhi or in such other place or places, as the Chief Justice of India may, with the approval of the President, from time to time, appoint ?
A# Article 131
B# Article 130
C# Article 143
D# Article 133

6# Which Amendment to the Preamble of the Constitution of India substituted the words ‘Unity and Integrity of the Nation’ for the words ‘Unity of the Nation’ ?
A# 25th Amendment to the Constitution of India
B# 42nd Amendment to the Constitution of India
C# 44th Amendment to the Constitution of India
D# 94th Amendment to the Constitution of India

7# The doctrine of territorial nexus is relevant in interpretation of the provisions of _______
A# Article 13 of the Constitution of India
B# Article 32 of the Constitution of India
C# Article 246 of the Constitution of India
D# Article 245 of the Constitution of India

8# The Article ______ of the Constitution of India provides for principle of adult suffrage.
A# 324
B# 325
C# 326
D# 327

9# According to Dicey, the separate hierarchy of Administrative Courts provided by the French droit administratif resulted in the :
A# Separation of governmental powers
B# Prevention of discretionary powers
C# Denial of equality before law
D# Denial of supremacy of law

10# Which Article of the Constitution of India expressly provides for exclusion of application of audi alteram partem rule ?
A# Article 301
B# Article 306
C# Article 311
D# Article 312

11# The reasonable likelihood test was applied by the Supreme Court in _______ wherein it was observed that a person who sits on a committee for selection of candidates for jobs or admission to a course must not be a candidate himself/herself or must not be interested in any candidate.
A# Maneka Gandhi Vs. Union of India
B# Pavadai Goundev Vs. State of Madras
C# A.K. Kraipak Vs. Union of India
D# State of Rajasthan Vs. Union of India

12# Assertion (A) : Several aborted attempts have been made by the Parliament of India to enact Lokpal and Lokayukt Bill since independence.
Reason (R) : Although the Union has repeatedly failed in this regard, 12 states have successfully enacted the State Legislations till 2010
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 a correct explanation of (A)
C# (A) is true, but (R) is false
D# (A) is false, but (R) is true

13# Which of the following Articles of the Constitution of India does not impose restriction on the exercise of administrative discretion ?
A# Article 21
B# Article 265
C# Article 300 A
D# Article 301

14# Mandamus is a writ issued by the court while involved in judicial review of administrative actions wherein :
A# asking a public official or any authority to perform legal duties
B# Enquiring into the legality of claim of any person to public office
C# Asking a person who has detained any other person, to appear before a court
D# Against any lower court to do any act excess of their jurisdiction

15# Assertion (A) : Adaptability is truly a condition sine qua non of the continued existence of a legal system.
Reason (R) : Law is for society and since society is ever changing law has to follow the needs of society.
A# (A) is true but (R) is false
B# (A) is false but (R) is true
C# Both (A) and (R) are true
D# Both (A) and (R) are false

16# Disobedience is a bad incidence in a legal system and widespread problem in many societies. However it is an element of _______
A# Corruption
B# Multi-party democracy
C# Process of law making
D# Process of social change

17# Who supported the statement that judges do not make law but only declare it ?
A# Richardson
B# Julius Stone
C# Black Stone
D# Living Stone

18# The element of certainty and continuity is achieved in judicial process by application of ______
A# Doctrine of Eclipse
B# Doctrine of Anonymity
C# Doctrine of Precedent
D# Doctrine of Reasonability

19# The general condition for regulating behaviour by imposing duty of general, prospective, intelligible, etc. nature was propounded by ______
A# Prof. Pound
B# Prof. Fuller
C# Prof. Hart
D# Prof. Kant

20# Who is regarded as the father of Judicial Process ?
A# J.S. Mill
B# Benjamine Cardozo
C# B.T. Carmozo
D# Prof. Tolson

21# Who stated that possession is one of the most vague of all vague terms and shifts its meaning according to the subject matter to which it is applied ?
A# Erle C.J.
B# Lord Denning
C# Cardozo
D# Lord Parker

22# The concept of Compensatory Jurisprudence was advocated in the following case by the Supreme Court of India :
A# Rudul Shah Vs. State of Bihar
B# R.C. Cooper Vs UOI
C# V.V. Chaudhari Vs. State of Maharashtra
D# State of Orissa Vs. Hari Narayan

23# When is preparation to commit an offence punishable ?
A# Preparation to commit dacoity
B# Preparation to commit adultery
C# Preparation to commit rape
D# Preparation to commit double murder

24# When is the principle of ‘joint criminal liability’ applicable ?
A# When two or more persons jointly commit an offence
B# When two or more persons commit an offence with common intention
C# When one commits an offence and other helps in concealing the same
D# When there is a group of at least four persons together acting with common purpose, object and intention to commit an offence

25# Sexual intercourse with a wife will amount to rape under the Indian Penal Code, when ______
A# The age of wife is under 15 years
B# Between 16 years to 18 years with her implied consent
C# Irrespective of the age but against her will
D# Will never amount to rape with or without consent

26# Fill in the gap with appropriate words : Whoever intending to take dishonestly any movable property, out of the possession of any person without that person’s consent, commits the offence of _____
A# Stealing
B# Robbery
C# Extortion
D# Theft

27# ‘A’ not believing in good faith that he has lawful right to stop the path of ‘Z’ who has right to pass on the path, stops ‘Z’ from passing, commits the offence of ______
A# wrongful confinement
B# wrongful restrain
C# wrongful force
D# wrongful conduct

28# Defamation means which of the following ?
(i) Statement of truth which public good requires
(ii) Merits of case decided in Court
(iii) Statement of caution intended for good of person
(iv) Statement to lower moral character of person
A# (i), (iii) and (iv)
B# (ii) and (iv)
C# (i)
D# (iv)

29# Punishment for attempting to commit offences punishable with imprisonment for life is covered under Section :
A# 511
B# 340
C# 203
D# 510

30# ‘A’, a Police Officer, tortures ‘B’ to induce him to point out where certain stolen property is deposited. ‘A’ is guilty of offence under section ______ of IPC.
A# 316
B# 330
C# 446
D# 463 and 464

31# Assertion (A) : Use of Loudspeakers is not an integral part of Right to Religion
Reason (R) : No Religion advocates disturbance to other public in their propagation
A# (A) is not right but (R) is the correct explanation of (A)
B# (A) and B are right. (R) is the correct explanation of (A)
C# (A) and (R) both are correct
D# (A) is not correct and (R) is correct

32# Assertion (A) : The term Pollution is employed differently in different statutes.
Reason (R) : Each Act of the State is based on the circumstances relevant to that Act.
A# Both (A) and (R) are correct. (R) is the correct explanation to (A)
B# Both (A) and (R) are not correct. (R) is not the correct explanation to (A)
C# Both (A) and (R) are correct
D# (A) is correct and (R) is not correct

33# In which city was the UN Habitat Conference on Human Settlement conducted ?
A# Stockholm
B# New York
C# Vienna
D# Vancouver

34# ‘Right to Life enshrined in Article 21 cannot be restricted to mere animal existence.’ Which judge of the Supreme Court of India expressed These view ?
A# Justice V.R. Krishna Iyer
B# Justice Bhagwati
C# Justice A.S. Anand
D# Justice J.S. Verma

35# Global warming is attributed to release of which gases ?
A# Greenhouse gases
B# Carbon dioxide gas
C# Petroleum gases
D# Non-petroleum gases

36# In which case the Supreme Court of India held that Rule of Strict Liability is not a suitable principle in assessing environmental damage ?
A# Rylands Vs. Fletcher
B# Maneka Gandhi
C# Bhopal Gas Leak
D# Bawwai Seva Ashram

37# Section 33 of the Environmental Protection Act deals with which kind of pollution ?
A# Air pollution
B# Water pollution
C# Hazardous pollution
D# Apprehended pollution

38# In which case the Supreme Court of India held that children working in Hazardous Industries is violative of their basic fundamental right to development ?
A# M.C. Mehta Vs. Delhi Government
B# M.C. Mehta Vs. Union of India
C# M.C. Mehta Vs. State of Tamil Nadu
D# M.C. Mehta Vs. State of Maharashtra

39# Which Article of the Statute of International Court of Justice deals with sources ?
A# Article 37
B# Article 38
C# Article 12
D# Article 25

40# Assertion (A) : Peacekeeping involves deployment of Armed Forces by UN.
Reason (R) : The first peacekeeping force was stationed in Greece.
A# Both (A) and (R) are correct but (R) is not the correct explanation of (A)
B# Both (A) and (R) are not correct and (R) is the correct explanation of (A)
C# Both (A) and (R) are correct
D# Both (A) and (R) are not correct

41# Assertion (A) : Asylum is granted to political offenders of a foreign state.
Reason (R) : Asylum is the discretionary power of a state.
A# Both (A) and (R) are correct. (R) is the correct explanation of (A)
B# Both (A) and (R) are not correct but (R) is the correct explanation of (A)
C# Both (A) and (R) are correct
D# Both (A) and (R) are not correct

42# How many members are there in the Security Council ?
A# Fifteen
B# Big Five
C# Eleven
D# Seven

43# What is the total stipulated period in the WTO to decide a dispute ?
A# 3 months fifteen days
B# Six months
C# Ninety days
D# One year

44# ‘Monroe’ Doctrine deals with which area of International Law ?
A# Extradition
B# Sources of International Law
C# Law of Recognition
D# Sovereignty

45# Which author of international law advocated that International law is the vanishing point of Jurisprudence ?
A# L. Oppenheim
B# Holland
C# John Austin
D# Brownlie

46# In which year the Refugee Convention was adopted ?
A# 1950
B# 1951
C# 1954
D# 1952

47# In ________ Lord Penzance stated that ‘marriage as understood in Christendom may be defined as the voluntary union for life of one man and one woman to the exclusion of all others.’
A# Hyde Vs. Hyde
B# Jacob Mathew Vs. Maya Philip
C# Jose Vs. Alice
D# Molly Joseph Vs. George Sebastian

48# Assertion (A) : Divorce is the most copious and uninhibited aspect of Muslim matrimonial law.
Reason (R) : Under Muslim Law of divorce in most cases no judicial or non-judicial authority is needed to affect dissolution of marriage.
A# Both (A) and (R) are true, and (R) is the correct explanation of (A)
B# Both (A) and (R) are true, and (R) is not a correct explanation of (A)
C# (A) is true, but (R) is false
D# (A) is false, but (R) is true

49# As per the Hindu Adoptions and Maintenance Act, 1956 if the adoption is by a female the adopted boy should be _____ years younger than the adoptive mother.
A# 22
B# 21
C# 23
D# 24

50# Assertion (A) : Under the Mohammedan Law, mother is the de facto guardian. However, she cannot execute a waqf on behalf of the minor.
Reason (R) : Such execution is void as de facto guardian had no right to alienate minor’s property, unless appointed as guardian by Court.
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 the correct explanation of (A)
C# (A) is true, but (R) is false
D# (A) is false, but (R) is true

51# Section _______ of the Hindu Marriage Act, defined ‘Desertion’ as abandoning wife without reasonable cause and without her consent or against her wish or of wilfully neglecting her.
A# 2 (18)
B# 18 (2)
C# 19 (2)
D# 2 (19)

52# In ________ , the Supreme Court directed the Central Government through the Prime Minister to take a fresh look at Article 44, a directive that provides for Uniform Civil Code.
A# Unni Krishnan Vs. State of A.P.
B# Sarla Mudgal Vs. U.O.I.
C# Kamgar Sabha Vs. Abdul Bhai
D# All India Reserve Bank Employees Vs. Reserve Bank

53# Which one of the following Sections of the Hindu Adoptions and Maintenance Act, 1956 provides for the list of persons who are dependents of a Hindu, male or female ?
A# Section 21
B# Section 31
C# Section 11
D# Section 41

54# Under Section 13 of the Hindu Marriage Act, 1955 which of the following number of grounds are exclusively available to the wife for divorce ?
A# two
B# three
C# four
D# five

55# The Universal Declaration of Human Rights, 1948 contains :
(i) Civil and political rights
(ii) Economic, social and cultural rights
(iii) Rights of the groups
A# (i) and (iii)
B# (i), (ii) and (iii)
C# (ii) and (iii)
D# (i) and (ii)

56# Which of the following rights have been described as first generation of rights ?
A# Civil and political rights
B# Social and economic rights
C# Cultural and development rights
D# Social, economic and cultural rights

57# Women rights were recognised as human rights in :
A# Beijing Conference
B# Tehran Conference
C# Vienna Conference
D# San Francisco Conference

58# To examine the problems of caste discrimination the United Nations appointed in 2005 two :
A# Ambassadors
B# Rapporteurs
C# Representatives
D# Secretaries

59# The Sachar Report tells about the plight of :
A# Adivasis
B# Backward classes
C# Minorities
D# Muslims

60# The UNICEF provides long-term humanitarian and development assistance to :
A# The underprivileged children
B# The infants with low immunity system
C# The voluntary organisations working in the field of children
D# The children and mothers in developing countries

61# The Pigeon-hole theory, about the nature of tort, has been propounded by whom among the following ?
A# Salmond
B# Winfield
C# Street
D# Pollock

62# Match List I with List II and select correct answer using the code given below the lists :

List I (Judicial Principle)
(a) Injuria Sine Damno
(b) Damnum Sine Injuria
(c) Rule of Last Opportunity
(d) Doctrine of Alternative Danger

List II (Decision)
(i) Jones Vs. Boyce
(ii) Davies Vs. Mann
(iii) Ashby Vs. White
(iv) Gloucester Grammar School case

Select the answer choice corresponding to the order (a) (b) (c) (d)
A# (i) (ii) (iii) (iv)
B# (i) (iii) (ii) (iv)
C# (iii) (iv) (ii) (i)
D# (iii) (ii) (iv) (i)

63# The guiding principle of foreseeability laid down in Wagon Mound’s case for determination of liability in tort has been followed in India in which one of the following cases ?
A# Sushma Mitra Vs. M.P.S.R.T. Corporation
B# Veeran Vs. Krishnamurthy
C# C.B. Singh Vs. The Cantonment Board, Agra
D# Manindra Nath Vs. Mathuradas

64# Assertion (A) : In the tort of nuisance, interference by the defendant may cause damage to the plaintiff’s property or personal discomfort in the enjoyment of property.
Reason (R) : Every interference in the use of property is a nuisance.
A# Both (A) and (R) are individually true and (R) is the correct explanation of (A)
B# Both (A) and (R) are individually true and (R) is not the correct explanation of (A)
C# (A) is true, but (R) is false
D# (A) is false, but (R) is true

65# Which one of the following answer choices is correct ? Truth is a defence in defamation, if the statement is true in :
A# Substance only
B# Contents only
C# Contents as well as substance
D# Its natural meaning

66# Identify the correct statement from the following : The standard of care generally used in case of negligence is :
A# The skill and care of a qualified person
B# The skill and care of an average person of prudence and competence
C# The care taken by an intelligent and prudent man
D# The foresight and judgement of an adult man

67# Assertion (A) : Under the proviso to Section 10(1) (b) of the Consumer Protection Act, 1986 list of persons who shall be disqualified for appointment as a member in several situations is provided.
Reason (R) : The list referred to in These assertion (A) includes person convicted and sentenced to imprisonment for an offence which involves moral turpitude but does not include an undischarged insolvent person.
A# Both (A) and (R) are individually true and (R) is the correct explanation of (A)
B# Both (A) and (R) are individually true but (R) is not the correct explanation of (A)
C# (A) is false, but (R) is true
D# (A) is true, but (R) is false

68# Under Section _______ of the Indian Partnership Act, 1932 partnership at will is described.
A# 2
B# 5
C# 7
D# 9

69# Identify the correct statement from the following : Section 13 of the Indian Partnership Act, 1932 is a mixed statement of ______
A# rights, duties and liabilities of the partners
B# rights and duties of the partners
C# duties and liabilities of the partners
D# rights and liabilities of the partners

70# During the subsistence of partnership under the Indian Partnership Act, 1932 a partner ______
A# Cannot deal with any particular property or any portion of the property as his own
B# Can deal the partnership property as his own
C# Can deal with the property as his personal property
D# Can deal with a portion of the property up to his share

71# The term ‘Property’ under the Sale of Goods Act, 1930 means :
A# A special property
B# immovable property
C# both movable and immovable properties
D# the general property in goods and not merely a special property

72# Under Section 7 of the Sale of Goods Act, 1930 in which of the following conditions a contract for sale of specific goods is void ?
A# In case of perishing goods to the knowledge of the seller
B# In case of perishing the goods to the knowledge of the buyer
C# In case of perishing goods without knowledge of the seller
D# Both, in cases of perishing goods to the knowledge of the seller and without knowledge of the seller

73# In _______, it was held that the marking of cheque as good for payment did not constitute acceptance within the meaning of Negotiable Instruments Act.
A# Punjab National Bank Vs. Satyendra Nath
B# Bengal Bank Ltd. Vs. Satyendra Nath
C# Bank of Baroda Vs. Punjab National Bank
D# Canara Bank Vs. P.R.N. Upadhyay

74# Section ______ of the Company Act, 1956 defines the memorandum of association.
A# 2 (27)
B# 2 (26)
C# 2 (28)
D# 2 (29)

75# Doctrine of Ultra Vires in the context of Company Act, means :
A# Protection of investor according to memorandum of association
B# Protection of shareholder according to memorandum of association
C# Protection of investor according to memorandum of settlement
D# Protection of investor and shareholder according to memorandum of association

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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

---