TS SET Law Previous Question Paper II 2012

26. The given item consists of two statements one labelled as the ‘Assertion (A)’ and the other as ‘Reason (R)’. Examine these two statements carefully and select the answers to these items using the codes given below:
Assertion (A) : Mensrea is scribed in Indian Penal Code by use of the following terms, to describe the essentials of offences, such as voluntarily, knowingly, with the intention.
Reason (R) : Mensrea is an essential element of a crime however Indian Law does not mandate it generally but mandates it by implication
(A) Both A and R are true
(B) Both A and R are false
(C) A is true but R is false
(D) R is true but A is false

27. Match List I with List II and select the correct answer from the codes given below the Lists:
List I
I. Conspiracy
II. Private Defence
III. Common Intention
IV. Public Servant

List II
1. Section 21 of IPC
2. Section 120 of IPC
3. Section 96 of IPC
4. Section 34 of IPC

Codes : I II III IV
(A) 1 4 2 3
(B) 2 3 4 1
(C) 4 2 3 1
(D) 3 1 4 2

28. Which among the following fall under General Exceptions as per the Indian Penal Code ?
I. Mistake
II. Private Defence
III. Insanity
IV. Consent
Select the correct answer
(A) I, II and III
(B) II, III and IV
(C) I, III and IV
(D) II, III and I

29. Which is not defined in Indian Penal Code ?
(A) Public Servant
(B) Suicide
(C) Mischief
(D) Theft

30. Mr. A, a doctor informs his patient that it may be difficult for him to survive. The patient died as a consequence of shock. Mr. A is
(A) liable as he has not taken reasonable care
(B) liable as he knows the consequences of his communication
(C) not liable as it amounts to professional hazard
(D) not liable if he does it in good faith

31. Mr. A instigates a child to mix poison in Z’s food. The child by mistake mixes the poison in Y’s food who was sitting adjacent to Z. Which among the following is correct ?
(A) Mr. A is liable
(B) Mr. A is not liable
(C) Child is liable
(D) Neither Mr. A nor the child is liable

32. Hadley v Bxendale deals with
(A) Consideration
(B) Fraud
(C) Frustration
(D) Rules as to damages

33. The effect of frustration of a contract is to operate as
(A) Mode of discharge
(B) Mode of performance
(C) Breach of contract
(D) Mistake of contract

34. A minor’s contract is void as decided in
(A) Balfour v Balfour
(B) Mohiribibi v Dharma Das Ghose
(C) Chinnaih v Ramaiah
(D) Phillips v Brooks Ltd.

35. Substitution of new contract in the place of old one is called
(A) Rescission
(B) Alteration
(C) Cancellation
(D) Novation

36. Every registered trade union shall submit annual returns including the income and expenditure to the concerned registrar
(A) This rule is mandatory
(B) This rule is only directive
(C) It is not strictly implemented, as the majority of the registered trade unions do not follow it
(D) Statements (B) and (C) are correct

37. Police have no right to form a trade union. It was decided in
(A) Kulkarni v. State of Bombay
(B) Delhi Police Sangh v. State of Punjab
(C) Sitharamachary v. Senior Deputy Inspector
(D) Madhu Limaye v. S.D.M

38. What is the limitation period for a conciliation officer to submit a report on the conciliation proceedings from the date of starting such proceedings ?
(A) 14 days
(B) 30 days
(C) 40 days
(D) 60 days

39. A management of an industry can dismiss or discharge a protected workman only after obtaining permission from
(A) Industrial Tribunal
(B) Labour Court
(C) Appropriate Government
(D) No permission is required for valid reason of dismissal or discharge

40. A building was erected by the defendant which caused diminution of light to two ground floor windows of the Plaintiff’s house. Subsequently electric lights were always needed in the place. An action for damages can be brought on the ground
(A) Public nuisance
(B) Private nuisance
(C) Negligence
(D) Strict liability

41. Which of the following is not a valid defence in tort ?
(A) Volenti non fit injuria
(B) Vis major
(C) Scienti non fit injuria
(D) Consent

42. A master is liable for the wrongs of his servant if the servant
(A) Has acted outside the scope of this duty in violation of express orders
(B) Is temporarily lent to another
(C) Is drunk while on duty
(D) Has acted in self-defence against the criminal conductor of the person who sues the master

43. Consider the following set of legal propositions
1. A person can claim damages for all wrongs he has suffered
2. A person can claim damages for wrongs only if they are caused intentionally
3. A person can claim damages for a wrong if it is caused by infringement of this legal right
4. A person can claim damage even if he has suffered no loss Of the above propositions which are correct ?
(A) 1 and 2
(B) 3 and 4
(C) 1 and 3
(D) 2 and 4

44. Which one of the following statement is correct ?
(A) Inevitable accident is not a defence at all but only a denial of liability
(B) Inevitable accident is not a denial of liability but only a defence
(C) Inevitable accident is both defence and denial of liability
(D) Inevitable accident is a chance event and can neither be a defence nor a denial of liability

45. Tenth Schedule was inserted in the Constitution by
(A) The Constitution (Forty second Amendment) Act, 1976
(B) The Constitution (Forty fourth Amendment) Act, 1978
(C) The Constitution (Fifty second Amendment) Act, 1985
(D) None of the above

46. The Commission appointed in relation to Centre-State Relations is
(A) Sarkaria Commission
(B) Wadhwa Commission
(C) Varma Commission
(D) Sri Krishna Commission

47. Read the following passage and answer the question :
Now since law and morals are primarily concerned with human interest, every wrong involves smoke interest attacked by it, and every duty involves some interest tow which it relates, and for whose protection it exists. The converse, however, is not true. Every attack upon an interest is not a wrong either in fact or in law, nor is respect for every interest a duty, either legal or natural. Many interests exist de facto and not also de jure; they receive no recognition or protection from any rule of right. The violation of them is no wrong, and respect for them; is no duty. For the interests of men conflict with each other, and it is impossible for all to revive rightful recognition. The rule of justice selects some for protection and the others are rejected. Whether his interest amounts to a right depends on whether there exists with respect to it a duty imposed upon any other person. Rights, like wrongs and duties, are either moral or legal. A moral or natural right is an interest recognized and protected by a rule of morality – an interest the violation of which would be a moral wrong, and respect for which is amoral duty. A legal right, on the other hand, is an interest recognised and protected by a rule of law – an interest the violation of which would be a legal wrong done to him whose interest it is, and respect for which is a legal duty.

An interest recognized and protected by a rule of law is ?
(A) a legal right
(B) legal order
(C) legal obligations
(D) a legal duty

48. Read the following passage and answer the question :
Now since law and morals are primarily concerned with human interest, every wrong involves smoke interest attacked by it, and every duty involves some interest tow which it relates, and for whose protection it exists. The converse, however, is not true. Every attack upon an interest is not a wrong either in fact or in law, nor is respect for every interest a duty, either legal or natural. Many interests exist de facto and not also de jure; they receive no recognition or protection from any rule of right. The violation of them is no wrong, and respect for them; is no duty. For the interests of men conflict with each other, and it is impossible for all to revive rightful recognition. The rule of justice selects some for protection and the others are rejected. Whether his interest amounts to a right depends on whether there exists with respect to it a duty imposed upon any other person. Rights, like wrongs and duties, are either moral or legal. A moral or natural right is an interest recognized and protected by a rule of morality – an interest the violation of which would be a moral wrong, and respect for which is amoral duty. A legal right, on the other hand, is an interest recognised and protected by a rule of law – an interest the violation of which would be a legal wrong done to him whose interest it is, and respect for which is a legal duty.

What is the primary concern of law and morals ?
(A) Human behaviour
(B) Human interest
(C) Human security
(D) Human development

49. Read the following passage and answer the question :
Now since law and morals are primarily concerned with human interest, every wrong involves smoke interest attacked by it, and every duty involves some interest tow which it relates, and for whose protection it exists. The converse, however, is not true. Every attack upon an interest is not a wrong either in fact or in law, nor is respect for every interest a duty, either legal or natural. Many interests exist de facto and not also de jure; they receive no recognition or protection from any rule of right. The violation of them is no wrong, and respect for them; is no duty. For the interests of men conflict with each other, and it is impossible for all to revive rightful recognition. The rule of justice selects some for protection and the others are rejected. Whether his interest amounts to a right depends on whether there exists with respect to it a duty imposed upon any other person. Rights, like wrongs and duties, are either moral or legal. A moral or natural right is an interest recognized and protected by a rule of morality – an interest the violation of which would be a moral wrong, and respect for which is amoral duty. A legal right, on the other hand, is an interest recognised and protected by a rule of law – an interest the violation of which would be a legal wrong done to him whose interest it is, and respect for which is a legal duty.

Rights and duties are ?
(A) Legal only
(B) Moral only
(C) Moral or legal
(D) Moral and legal

50. Read the following passage and answer the question :
Now since law and morals are primarily concerned with human interest, every wrong involves smoke interest attacked by it, and every duty involves some interest tow which it relates, and for whose protection it exists. The converse, however, is not true. Every attack upon an interest is not a wrong either in fact or in law, nor is respect for every interest a duty, either legal or natural. Many interests exist de facto and not also de jure; they receive no recognition or protection from any rule of right. The violation of them is no wrong, and respect for them; is no duty. For the interests of men conflict with each other, and it is impossible for all to revive rightful recognition. The rule of justice selects some for protection and the others are rejected. Whether his interest amounts to a right depends on whether there exists with respect to it a duty imposed upon any other person. Rights, like wrongs and duties, are either moral or legal. A moral or natural right is an interest recognized and protected by a rule of morality – an interest the violation of which would be a moral wrong, and respect for which is amoral duty. A legal right, on the other hand, is an interest recognised and protected by a rule of law – an interest the violation of which would be a legal wrong done to him whose interest it is, and respect for which is a legal duty.

Which of the following statement is correct ?
(A) All interests are protected by law
(B) Some interests are protected by law
(C) No interest is protected by law
(D) None of the above statements is correct

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