MH-SET Previous Question Paper Law 2015 P-II Mock Tests

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This is the full previous question paper from MH-SET 2015 Paper II Law Subject, i.e. the Maharashtra State Eligibility Test examination conducted in 2015 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 observation by the Supreme Court that ‘The Law in Article 13(2) of the Constitution includes every branch of law, statutory, constitutional etc. and hence, if an amendment to the Constitution took away or abridged the fundamental rights of the citizens, the amendment would be void was held in :
A# Keshavananda Bharati Case
B# Minerva Mills Case
C# Golaknath’s Case
D# Som Prakash Vs. Union of India

2# ‘X’ was dismissed from the service as a result of the findings of a departmental enquiry by the Competent Authority. He was prosecuted under Provisions of the Prevention of Corruption Act, 1988. Whether this tantamount to ‘Double jeopardy’ as envisaged under Article 20(2) ?
A# It is a double jeopardy
B# It is not double jeopardy as the departmental proceedings operate on a different plane and not prosecution
C# ‘X’ has been harassed twice by holding departmental proceedings as well as prosecution under Prevention of Corruption Act, 1988
D# ‘X’ cannot be prosecuted under the Prevention of Corruption Act due to the departmental enquiry

3# The text of the Preamble of the Constitution of India aims to secure :
A# Fundamental Rights to all individuals
B# Fundamental Rights to citizens of India
C# Dignity of individual and unity and integrity of the nation
D# Security of service to Government servant

4# India is a sovereign, because :
A# of its supremacy in deciding matters internal as well as external interest of the country
B# it contains more than 300 Articles
C# it has promises for justice
D# it has government for the people, by the people and of the people

5# The Constitution of India embodies the Parliamentary form of Government, because :
A# the President, the Head of the Executive is answerable to Parliament
B# the Prime Minister, the Head of the Cabinet is accountable to Parliament
C# the Council of Ministers is responsible to Lok Sabha and Rajya Sabha
D# the Council of Ministers is collectively responsible to the Lok Sabha

6# Which of the following is correctly matched ?
A# Republic : Head of the state is hereditary monarch
B# Sovereign : Constitution rests on the people’s will
C# Democratic : Constitution does not recognize legal supremacy of another country
D# Secular : State is without religion of its own

7# Which one of the following is a Directive Principle of State Policy under the Constitution of India ?
A# Protection and improvement of environment and safeguarding of forest and wildlife
B# To value and preserve the rich heritage of Indian composite culture
C# To strive for development of scientific temper, humanism and spirit of equity and reform
D# To protect life and personal liberty of the people of India

8# Which Jurist observed that ‘Jurisprudence is as big as law- and bigger’ ?
A# T Hermon W. Arnold
B# Lord Radcliffe
C# Karl Llewellyn
D# Professor Platt

9# Ratio decidendi and Obiter dicta constitute as sources of :
A# Custom
B# Precedent
C# Legislation
D# Treaties

10# Describing relationship between Legal Rights and Duties, Salmond observed that ‘A wrong is simply a wrong act-an act contrary to the role of right and justice.
Assertion (A) : A wrong may be described in the largest sense, as anything done or omitted contrary to legal duty.
Reason (R) : Duty, right and wrong are not separate or divisible heads of legal rules and events.
A# Both (A) and (R) are correct, (R) is the correct explanation of (A)
B# Both (A) and (R) are correct, (R) is not the correct explanation of (A)
C# (A) is correct and (R) is wrong
D# (A) is not correct and (R) is correct

11# How many theories of punishment are there in Legal Theory ?
A# Five
B# Six
C# Four
D# Three

12# Who was the author of the work ‘Justice in Robes’ ?
A# Salmond
B# Dworkin
C# Austin
D# Hans Kelsen

13# In which case, Justice Hidayatullah observed : ‘No doubt, the law declared by this Court (Supreme Court of India) binds courts in India, but it should always be remembered that this court does not enact’ ?
A# Rajeswar Prasad Vs. State of West Bengal
B# Balkrishna Rao Vs. Haji Abdulla Sait
C# Maneka Gandhi Vs. Union of India
D# Graham Bell Vs. State of West Bengal

14# Assertion (A) : International law is not a law.
Reason (R) : It lacks determinate superior political authority to enforce its rules.
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 the correct explanation of (A)
C# (A) is false, but (R) is true
D# (A) is true, but (R) is false

15# How will international custom be applied in International law was laid down in :
A# West Rand Central Gold Mining Company Ltd. Vs. R.
B# Yugoslavia Vs. United Sates of America
C# Anglo-Iranian Oil Co. Ltd. Vs. S.U. POR
D# Appleby Vs. U.K.

16# Which of the following statements is correct ?
A# De facto recognition of a foreign government is as conclusively binding, while it lasts, as de jure recognition
B# De facto recognition of a foreign government is conclusive
C# De facto recognition of a foreign government is always equal to de jure recognition
D# De facto recognition of a foreign government has no legal effects

17# The United Nations was established on :
A# 10th October, 1945
B# 16th October, 1945
C# 20th October, 1945
D# 24th October, 1945

18# The International Centre for Settlement of Investment Disputes (ICSID) was established in the year :
A# 1965
B# 1966
C# 1967
D# 1968

19# What was the theme of the 50th anniversary of the adoption of the Universal Declaration of Human Rights ?
A# Human Rights for Progress
B# All Human Rights for all
C# Universal brotherhood
D# Unite together for Human Rights

20# Read Assertion (A) and Reason (R) and with the help of codes given below, point out the correct explanation :
Assertion (A) : The Dayabhaga School of Hindu Law prevails in Bengal, Assam, Tripura, Manipur, Mizoram, Arunachal Pradesh and Meghalaya but in rest of India, it is the Mitakshara School which has its sway.
Reason (R) : The Mitakshara School never prevails in the Dayabhaga School jurisdiction on all those matters on which the Dayabhaga is silent.
A# Both (A) and (R) are true but (R) is not a correct explanatory of (A)
B# Both (A) and (R) are true and (R) is a correct explanatory of (A)
C# (A) is true but (R) is false
D# (A) is false but (R) is true

21# When divorce is initiated by the wife and husband consents to it, such divorce is known as _______ under the Muslim Law.
A# Khul or Khula
B# Mubaraa or Mubarrat
C# Talak-i-tafweez
D# Talak-ul-bidda

22# Which of the following is a void marriage under Muslim Law ?
A# Mut’ah
B# Batil
C# Nikah
D# Fasid

23# Under the Parsi Marriage and Divorce Act, non-resumption of cohabitation after an order of separate maintenance for a period of ________ entitles the innocent party to sue for divorce.
A# Three months
B# Six months
C# Nine months
D# One year

24# Which one of the following is not an approved form of marriage as per the ancient Hindu Law ?
A# Prajapatya
B# Gandharva
C# Brahma
D# Arsha

25# In Islamic Law ‘Faskh’ means :
A# Judicial separation
B# Restitution of conjugal rights
C# Annulment which differs from talaq and other forms of dissolution of marriage in legal structure and its effects
D# Dissolution of marriage at the instance of the wife

26# In which case it was held that the parties to an agreement must intend to create legal obligations in order to make it a valid contract ?
A# Taylor Vs. Portington (1855) All. E.R. 128
B# Balfour Vs. Balfour (1919)2 K.B. 571
C# Shuppu Ammal Vs. Subramaniyam (1909) ILR 33 Mad 238
D# Both, Taylor Vs. Portington (1855) All. E.R. 128 AND Balfour Vs. Balfour (1919)2 K.B. 571

27# Which of the following is/are true about a valid consideration ?
A# Must be from the Promisee only
B# May be past, present or future consideration
C# Must be adequate to the promise
D# Both, Must be from the Promisee only AND May be past, present or future consideration

28# The Indian Contract Act defines ‘Consideration’ under which Section ?
A# Section 12
B# Section 2(d)
C# Section 15
D# Section 2(J)

29# The maxim ‘In Pari Delicto potior est condito defendentis’ refers to :
A# No action arises out of a base cause
B# Where there is equal guilt, the defendant is in a better position
C# Personal cause of action dies with the person itself
D# What a person does for another, he does himself

30# Which of the following relationship usually raise a presumption of undue influence ?
A# Guardian and ward
B# Doctor and Patient
C# Trustee and beneficiary
D# All of the choices are correct

31# In case of breach of contract :
A# Damages are payable to punish a person for breach of contract
B# Damages are payable to compensate the person for special losses
C# Damages are payable to put the parties in a situation as if the contract is not broken
D# Damages are to be nominal

32# A general offer or offer to the world at large does not make it necessary on the part of the acceptor to communicate his acceptance. This is well explained in :
A# Carlill Vs. Carbolic Smoke Ball Company
B# Dunlop Pneumatic Tyre Co Vs. Selfridge Co
C# Balfour Vs. Balfour
D# Donoghue Vs. Stevenson

33# ‘A tort is a civil wrong for which the remedy is a common law action for unliquidated damages and which is not exclusively the breach of a contract or breach of trust or others merely equitable obligation.’ These definition is given by :
A# Salmond
B# Paton
C# Winfield
D# H.L.A. Hart

34# Which of the following is not a libel ?
A# Defamatory matter in writing or printing
B# Defamatory matter in the form of video film
C# Defamatory matter in the form of picture
D# Defamatory matter in the form of public speech

35# Tort of conspiracy occur, when :
A# Two or more persons combine to injure a third party by any means
B# Two or more persons combine to injure a third party by unlawful means
C# Two or more persons knowing each other injure a third party independently by unlawful means
D# Two or more persons combine to injure a third party by lawful means

36# In contributory negligence :
A# Both parties have contributed to the negligence equally
B# Only one party is negligent but the other has not taken the due care
C# One party is negligent resulting in injury while the other has taken due care
D# Lack of care is equal on both sides

37# In which of the following cases is the occupier liable for negligence ?
A# Keeping watchdog which has the habit of biting
B# Fixing broken glass pieces on the top of the wall
C# Setting spring guns in the premises to prevent trespass
D# Constructing a compound wall to prevent trespass

38# Malicious prosecution is a tort intending to protect :
A# Against the abuse of legal proceedings
B# Right of the police to prosecute the criminal
C# The accused against police excess
D# The police from civil proceedings

39# Which of the following statements is correct with respect to the definition of ‘Offence’ as prescribed u/s 40 of IPC ?
A# ‘Offence’ denotes a thing made punishable and prohibited by Indian Penal Code only
B# ‘Offence’ denotes a thing made punishable and prohibited by IPC but does not cover the offences punishable under any special or local law
C# ‘Offence’ denotes a thing made punishable under the IPC or under any special or local law
D# ‘Offence’ denotes anything which has been done against public policy, public safety or harmful to society

40# ‘The criminal trial of an incompetent defendant violates due process. Therefore a defendant may not be put to trial unless he has sufficient present ability to consult his lawyer with a reasonable degree of rational understanding and a rational as well as factual understanding of the proceeding against him.’
The above principle has been incorporated under which of the Sections of Indian Penal Code ?
A# Section 80
B# Section 82
C# Section 84
D# Section 86

41# Necessity knows no law. Thus the person who feels himself in eminent danger may use his right to private defence. However under any case, the right to private defence can’t be used under IPC :
A# If it is against the person who is under intoxication
B# If it is against the child below the age of 7 years
C# If there is a time to recourse the public authority
D# If it is against the insane person

42# In which of the following judgements has the Supreme Court given the accuse the benefit of private defence vide S. 100(1) of IPC after scrutinizing the various cases set out principles emerged through different cases ?
A# Rudul Sah Vs. State of Bihar AIR 1983 S.C.1086
B# Sharadbhai Jivanlal Vaniya Vs. State of Gujrat AIR 2012 S.C. 925
C# Darshan Singh Vs. State of Punjab AIR 2010 S.C. 1212
D# Suchita Srivastava Vs. Chandigarh Administration AIR 2010 S.C. 499

43# M’ sends a mobile message to ‘S’ that he is going to murder ‘G’. ‘S’ messages back to ‘M’ that ‘You may do whatever you wish.’ Subsequently M’ killed ‘G’. In the present case, which of the following statements will sustain ?
A# ‘S’ can’t be held guilty of instigating ‘M’
B# ‘S’ can be held guilty of inciting/ instigating ‘M’ to kill ‘G’
C# ‘S’ can be held guilty of inciting/ instigating ‘M’ if he had been aware about the fighting between ‘M’ and ‘G’
D# ‘S’ can’t be held guilty because mobile messages are not considered as mode of incitement or instigating someone.

44# Which one of the following statements is not correct with respect to Section 497 of IPC.
A# It confers upon the husband the right to prosecute the adulterer but does not confer any right upon the wife to prosecute the women, with whom her husband has committed adultery
B# It does not confer any right on the wife to prosecute the husband who has committed adultery with another woman
C# It does not apply in case where husband has sexual relations with an unmarried woman
D# It does not apply in the cases where adultery has been committed with married woman who is not Indian citizen

45# The Industrial Disputes (Amendment) Bill, 2009 seeks to provide inter alia for _______
(A). Direct access for the workman to the labour court or tribunal in case of disputes arising out of Section 2A of the Industrial Disputes Act, 1947
(B). Expanding the scope of qualifications of presiding officers of labour court or tribunals under Sections 7 and 7A of the Industrial Disputes Act, 1947
A# (A) only
B# (B) only
C# Both (A) AND (B)
D# Neither (A) nor (B)

46# Identify the odd man from the following :
A# Dispute between workmen and workmen
B# Dispute between employers and employers
C# Dispute between employers and non-workmen
D# Dispute between employers and workmen

47# Read Assertion (A) and Reason (R) and with the help of codes given below, point out the correct explanation :
Assertion (A) : Section 17 of the Trade Unions Act, 1926 provides for immunity from criminal conspiracy.
Reason (R) : Such immunity is extended not only to the registered trade union but also to its office bearers and members as all are capable of conspiring.
A# Both (A) and (R) are correct
B# Both (A) and (R) are incorrect
C# (A) is false but (R) is true
D# (A) is true but (R) is false

48# The Industrial Disputes (Central) Rules, 1957 under Rule 39 contemplates that the number of representatives of the workmen on works committee shall not be less than the number of representatives of the employer and further that the total number of members shall not exceed :
A# 10
B# 30
C# 20
D# 14

49# In ________ , the Supreme Court observed that a ‘gherao’ is not an offence as such mentioned in the Indian Penal Code. But it is an act indulged by labour against the management and where it is accompanied by confinement, restraint or other offences under the criminal law of the land, the fact that it is done by members of a trade union, and used as an instrument of collective bargaining, gives rise to no special treatment or exemption from liability under the law.
A# Bharat Kumar Vs. State of Kerala
B# Jay Engineering Works Vs. State of West Bengal
C# Coir Board Ernakulam, Kerala Vs. Indira Devi P.S.
D# Bharat Petroleum Corporation Ltd Vs. Maharashtra General Kamgar Union

50# ‘Last come first go’ rule is applicable in the case of :
A# Lockout
B# Retrenchment
C# Transfer of Undertaking
D# Closure

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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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