MH-SET Previous Question Paper Law 2016 P-II Mock Tests

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This is the full previous question paper from MH-SET 2016 Paper II Law Subject, i.e. the Maharashtra State Eligibility Test examination conducted in 2016 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 42nd Amendment Act, 1976 has inserted the following words in the Preamble _________
A# Sovereign Secular Democratic
B# Secular Sovereign Republic
C# Socialist Secular Sovereign Democratic
D# Sovereign Socialist Secular Democratic Republic

2# Article (30) clause (1) of the Indian Constitution states that all minorities, whether based on religion or language, shall have the right :
A# To establish and administer
B# To establish and maintain
C# To acquire property and establish
D# To establish religious institutions

3# The concept of judicial review in India is inspired by the Constitution of ________
A# Britain
B# France
C# U.S.A.
D# Canada

4# The power to form new states or alter the boundaries of existing states vests with _______
A# President
B# Parliament
C# Supreme Court
D# State Legislature

5# Right to Education is added as Article 21-A in the Indian Constitution by ________
A# 86th Constitutional Amendment, 2002
B# 86th Constitutional Amendment, 2000
C# 85th Constitutional Amendment, 2009
D# 88th Constitutional Amendment, 2010

6# Right to Freedom of Religion is contained in _______ of the Indian Constitution.
A# Article 25 to 28
B# Article 19 to 21
C# Article 14 to 18
D# Article 30 to 32

7# The fundamental duties have been added by the Constitution (42nd Amendment Act), in accordance with recommendations of the ________
A# Parliamentary Committee
B# Swarna Singh Committee
C# Sarkaria Committee
D# Law Commission of India

8# According to _________ law has its source in the Volksgeist or common consciousness of people.
A# Henry Maine
B# Friedrich Carl Von Savigny
C# Salmond
D# Austin

9# Which Jurist introduced the concept of ‘Social Engineering’ ?
A# J.S. Mill
B# Ronald Dworkin
C# Roscoe Pound
D# H.L.A. Hart

10# The Will theory, notably propagated by Hart, is subscribed to by those who view the purpose of law as being to grant the widest possible means of self-expression to the individual, the maximum degree of individual self-assertion.
Assertion (A) : The theory is closed related to the theory of sovereignty. So that the only way reconciling conflicting wills is by postulating a superior will which can overcome the opposition.
Reason (R) : The theory identifies the right-bearer by virtue of the power that she/he has over the duty in aversion.
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

11# ‘Many of the ambiguities of the concept of natural law must be ascribed to the ambiguity of the concept of nature that underlines it.’ Name the jurist who made These statement on the nature of natural law ?
A# J. Finns
B# Jospe Swraz
C# D’ Entreves
D# A.O. Hume

12# If ‘dominium’ is the meaning for absolute right, ‘possessio’ refers to what ?
A# Physical control over a thing
B# Precedent
C# Source of law
D# Relationship between a ‘owner’ and ‘tenant’

13# Which Indian Legislation has a direct bearing of the Reformation theory ?
A# Dowry Prohibition Act
B# Anti-smuggling Act
C# Reformatory Schools Act
D# Income Tax Act

14# ‘The law of nations is that collection of usages which civilized states have agreed to observe their dealings with one another’ said by :
A# J.L. Brierly
B# Hans Kelson
C# Lord Coleridge
D# Oppenheim

15# Which of the following pairs is correctly matched ?
A# Conventions – Source of Municipal Law
B# Constitution – Source of International Law and Municipal Law
C# Custom – Source of International Law and Municipal Law
D# Usage and Legislation – Source of International Law and Municipal Law

16# Assertion (A) : The effect of conditional recognition is that failure to fulfil the condition or obligation will annual the recognition.
Reason (R) : Recognition may be conditional as sometimes states are recognised subject to a condition, generally and obligation which they undertake to fulfil.
A# (A) is correct (R) is wrong
B# (A) is wrong (R) is correct
C# (A) and (R) are correct and (R) is not the correct explanation of (A)
D# (A) and (R) are correct and (R) is the correct explanation of (A)

17# Which of the following is not included in the U.N. Charter as an objective of the United Nations ?
A# To protect the sovereignty of the member states
B# To avoid war as a means for settlement of international disputes
C# To ensure respect for international obligations arising from treaties and other forms of International Law
D# To the Development of human personality

18# Art _______ of United Nations Charter make recommendations for the peaceful settlement of international disputes by the General Assembly of the United Nations.
A# 2
B# 3
C# 4
D# 5

19# The modern conception of Human Rights is developed aftermath of the :
A# Bosnia War
B# Gulf War
C# First World War
D# Second World War

20# ________ is one of the approved forms of marriage under the ancient Hindu laws.
A# Prajapatya
B# Paishacha
C# Asura
D# Gandharva

21# According to Sunni school of Muslim law, the mother is entitled to the custody (hizanat) of her male child until he has completed the age of ______ years.
A# seven
B# twelve
C# fifteen
D# eighteen

22# _______ is a sum of money or other property which the wife is entitled to receive from the husband in consideration of marriage under the Muslim Law.
A# Dower
B# Hiba
C# Mahr or Mehr
D# Both Dower and Mahr or Mehr

23# Which is not the modern source of Hindu law from among the following list ?
A# Precedent
B# Equity, justice and good conscience
C# Legislation
D# Sruti

24# Read Assertion (A) and Reason (R) and with the help of codes given below, point out the correct explanation :
Assertion (A) : The Parsi marriage is also regarded as a contract though the religious ceremony of ashirvad is essential for its validity.
Reason (R) : The ceremony of ashirvad, under the Parsi law, should be performed by a Parsi priest either in the presence or absence of two Parsi witnesses.
A# Both (A) and (R) are true but (R) is the incorrect explanatory of (A)
B# Both (A) and (R) are true and (R) is the correct explanatory of (A)
C# (A) is true but (R) is false
D# (A) is false but (R) is true

25# The __________ deal(s) elaborately with the rites and ceremonies of Hindu marriage.
A# Dharma Sutra
B# Grihya Sutra
C# In both Grihya Shastra and Dharma Shastra
D# None of the choices

26# Which of the following is not essential of a valid contract ?
A# Free consent
B# Consensus ad idem
C# Consideration
D# Coercion

27# Which of the following is not true about acceptance ?
A# Must be made by offeror and none else
B# Must be absolute but can be conditional
C# Must be communicated in the mode prescribed
D# Both, Must be made by offeror and none else AND Must be absolute, but can be conditional

28# Minor is incompetent to enter into contract. His contract is void ab initio. It is null and void-was said in which case :
A# Balfour Vs. Balfour
B# Chinnayya Vs. Ramaiah
C# Mohiribibi Vs. Dharmo Das Ghosh
D# Dunlop Newmatic Tyre Co. Vs. Selfridge Co.

29# Legality of the object and consideration is covered under :
A# Section 21 of the Indian Contract Act
B# Section 23 of the Indian Contract Act
C# Section 25 of the Indian Contract Act
D# Section 65 of the Indian Contract Act

30# Which of the following is dealt with in Sec. 18 of the Indian Contract Act ?
A# Fraud
B# Coercion
C# Misrepresentation
D# Mistake

31# Which of the following is not agreement opposed to public policy ?
A# Agreements in restraint of legal proceedings
B# Agreements in restraint of marriage
C# Agreements in restraint of parental rights
D# Agreements in restraint of wager

32# Which of the following is not one of the modes of discharge of contract ?
A# Discharge by performance
B# Discharge by frustration
C# Discharge by subrogation
D# Discharge by lapse of time

33# The peculiarity of tortious liability is that :
A# It is the result of a contract
B# It is the result of a statutory obligation
C# It is independent of contract
D# It is the part of both contract and statutory obligation

34# The duty of the manufacturer to take care of his consumer is well explained in the case :
A# Donoghue Vs. Stevenson
B# Ashby Vs. White
C# Dey Vs. Mann
D# Ryland Vs. Fletcher

35# The following relationships are treated as joint tort-feasors :
(1) Teacher and Student
(2) Wife and Husband
(3) Principal and Agent
(4) Master and Servant
(5) Partners of partnership firm
A# (1), (3) and (5) only
B# (1), (2) and (5) only
C# (3), (2) and (4) only
D# (3), (4) and (5) only

36# Read Assertion (A) and Reason (R) and with the help of codes given below, point out the correct explanation.
Assertion (A) : Any person who makes a statement having adverse effect on the reputation of another person shall be liable for defamation.
Reason (R) : Right to reputation of a person is legally recognized.
A# (A) is correct, (R) is false
B# (A) is false, (R) is true
C# Both (A) and (R) are true but (R) is not the correct explanation of (A)
D# Both (A) and (R) are true and (R) is the correct explanation of (A)

37# ‘A man is injured by another’s act gives in itself no cause of action’ is well explained in :
A# Ashby Vs. White
B# Gloucester Grammar School Case
C# Stanby Vs. Powell
D# Bourhill Vs. Young

38# The defence of ‘volenti non fit injuria’ is not applicable to :
A# The rescue cases
B# The accident cases
C# The negligence cases
D# The defamation cases

39# Person who wants to avail the benefit of S. 84 under I.P.C., it is required to prove that :
A# he was insane during his childhood
B# he was under the attack of insanity during the Act
C# he has developed the impulse of insanity prior to and after the commission of an act
D# he does not have judgement capacity

40# In which of the following case , the Supreme Court confirmed the death sentence to accuse declaring that merely because one after another five lives were taken and that too of four young children, the Supreme Court declared that the accuse does not entitled to avail the benefit of intoxication against will under Sec. 85 of IPC.
A# Ashok Kumar State of Haryana, AIR 2010 S.C. 2839
B# Mohd. Ajmal Amir Kasab Vs. State of Maharashtra, AIR 2012 S.C. 3565
C# Bavisetti Kameshwara Rao Vs. State of A.P. AIR 2008 S.C. 1854
D# Bablu alias Mubarak Hussain Vs. State of Rajasthan, AIR 2007 S.C. 697

41# ‘A’ entered in ‘B’ house with an intention to commit theft. However ‘B’ awake. On seeing that ‘B’ has awaken, ‘A’ ran back. However chased him and caught hold him. Both ‘A’ and ‘B’ started fighting and ‘B’ cause serious injury to A’ who died afterward.
In this case, which of the following statements is correct ?
A# ‘B’ was not held guilty as he was acting under his right to private defence of property
B# ‘B’ was not held liable because he had not intended to kill ‘A’
C# ‘B’ was guilty because there was no cause available for private defence
D# ‘B’ was not guilty as he was not having ‘mens rea’ and the incident occurred because of ‘A’s attempt to commit theft. Thus ‘B’ can’t be held liable for the mistake of ‘A’

42# Which one of the following thing can’t be treated as ‘abetment, u/s 107 of IPC ?
A# Instigate the person to do anything
B# Engage with one or more persons in any conspiracy
C# Intentionally aid, by any act or illegal omission, in doing any thing
D# Taking a lead role to commit a crime with guilty mind

43# The basic ingredient (gist) of criminal conspiracy u/s 120B of IPC is :
A# Common agreement
B# Meeting of mind
C# Clear understanding of the consequences of act
D# Similar/same intention

44# Which one of the statements is correct in the light of S. 497 of IPC ?
A# The wife of the adulterer husband has no remedy under this section
B# The husband of adulteress wife has no remedy under this section
C# The husband having sexual intercourse with unmarried woman can’t be held guilty u/s 497 of IPC
D# The sexual intercourse of unmarried man with wife of another can’t be held guilty u/s 497 of IPC.

45# The Industrial Disputes (Amendment) Bill, 2009 seeks to provide for the enhancement of wage ceiling of a workman from Rs. 1,600 per month to Rs ________
A# 15,000
B# 20,000
C# 10,000
D# 6,000

46# According to section 2(k) of the Industrial Disputes Act, 1947 the subject matter of the industrial dispute must be connected with ________
A# employment or non-employment
B# terms of employment or conditions of labour
C# both, employment or non-employment AND terms of employment or conditions of labour
D# None of the choices

47# Section 18 of the Trade Unions Act, 1926, grants immunity from civil actions to ________
A# registered trade unions
B# members and office bearers of the registered trade unions
C# registered as well as recognised trade unions
D# both, registered trade unions and members and office bearers of the registered trade unions

48# In ________, the Supreme Court declared bandh to be illegal and unconstitutional while approving the distinction between a bandh and strike made by the High Court.
A# Communist Party of India (M) Vs. Bharat Kumar and others
B# Jay Engineering Works Vs. State of West Bengal
C# State Bank of India Vs. Workmen of State Bank of India
D# State of Bombay Vs. Hospital Mazdoor Sabha

49# In ________, on the question whether the arbitrator under Section 10 A of the Industrial Disputes Act, 1947 has the power to interfere with the punishment awarded by the management the Supreme Court while giving an affirmative answer stated that ‘Section 11 did clothe the arbitrator with similar powers as tribunals, despite the doubt created by the abstruse absence of specific mention of ‘arbitrator in Section 11A.’
A# Gujarat Steel Tubes Ltd. Vs. Gujarat Steel Tubes Mazdoor Sabha
B# Communist Party of India (M) Vs. Bharat Kumar and others
C# Jay Engineering Works Vs. State of West Bengal
D# Coir Board Ernakulam, Kerala State Vs. Indira Devi P.S.

50# Under section ________ provisions for layoff have been provided under the Industrial Disputes Act, 1947.
A# 2 (kk)
B# 2 (kkk)
C# 2 (k)
D# 2 (ka)

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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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