UGC NET CBSE Paper II Law 2016 August Question Paper

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Q. Match List-I with List-II and select the correct answer using the codes given below.

List – I (Mistake as to subject-matter of contract)
(a) Mistake as to non-existent subject-matter.
(b) Mistake as to title or rights.
(c) Different subject-matters in mind.
(d) Mistake as to substance, nature or quality of subject matter.

List – II (Judgements)
(i) Bell V/s. Lever Bros. Ltd.
(ii) Raffles V/s. Wichelhaus
(iii) Gustavus Couturier V/s. Robert Hastie
(iv) Sheikh Bros. Ltd. V. Ochsner.

Choose the answer corresponding to the order (a) (b) (c) (d)
– (i) (iii) (ii) (iv)
– (i) (iii) (iv) (ii)
– (iii) (i) (ii) (iv)
– (iv) (ii) (i) (iii)

Q. Read Assertion (A) and Reason (R) and answer using codes given below :
Assertion (A) : It is well settled that if and when there is frustration, the dissolution of the contract does not occur automatically. It depends on the ground of repudiation or breach, or on the choice or election of either party. It does not depend on the effect of what has actually happened on the possibility of performing the contract.
Reason (R) : Because Lord Wright laid down this principle in Denny, Mott & Dickson Ltd. V. James B. Fraser & Co. Ltd.
– Both (A) and (R) are right and (R) is correct explanation of (A).
– Both (A) and (R) are wrong.
– (A) is right, but (R) is wrong.
– (A) is wrong, but (R) is right.

Q. Which of the following are important cases on maxim Damnum sine injuria ? Answer by using codes below :
(a) Dickson V/s. Reuter’s Telegram Co.
(b) Ushaben V/s. Bhagyalaxmi Chitra Mandir
(c) Ashby V/s. White
(d) Municipal Board of Agra V/s. Ashrafi Lal
– (a) and (b)
– (c) and (d)
– (a) and (c)
– (b) and (c)

Q. Arrange the following cases in chronological order by using codes :
(a) State of Rajasthan V/s. Vidyawati
(b) State of Gujarat V/s. Memon Mohamed
(c) Rudal Shah V/s. State of Bihar
(d) The Secretary of State for India in Council V/s. Hari Bhanji
– (a), (b), (c) and (d)
– (d), (a), (b) and (c)
– (d), (c), (a) and (b)
– (d), (b), (c) and (a)

Q. ‘A’ threw a lighted squib into a crowd, it fell upon ‘X’. ‘X’ in order to prevent injury to himself threw it further, it fell upon ‘Y’ and ‘Y’ in turn did the same thing and it then fell on ‘B’, as a result of which ‘B’ lost one of his eyes. Who is liable to ‘B’ – ‘A’, ‘X’ or ‘Y’ ?
– No one is liable on the principle of remoteness of damages.
– ‘A’ is liable because his act is most proximate cause of damage even though his act was farthest.
– ‘X’ is liable because he threw the squib without any danger to him.
– ‘Y’ is liable because he caused the injury.

Q. Read Assertion (A) and Reason (R) and answer using codes given below :
Assertion (A) : In case of vicarious liability a master is held liable for negligence of his servant in driving his vehicle in the course of employment.
Reason (R) : Municipal Corporation cannot be held liable for the negligence of its servant in driving a vehicle belonging to corporation in course of its business.
– Both (A) and (R) are right and (R) is correct explanation of (A).
– Both (A) and (R) are right, but (R) is not the correct explanation of (A).
– (A) is right, but (R) is wrong.
– (A) is wrong, but (R) is right.

Q. Match List-I with List-II and select the correct answer by using the codes given below.

List – I (Name of Case)
(a) Indian Council for Enviro-Legal action V/s. Union of India.
(b) Ryland V/s. Flecher
(c) Lakshmi Rajan V/s. Malar Hospital Ltd.
(d) Union of India V/s. United Insurance Co. Ltd.

List – II (Decision)
(i) Patient’s consent for the operation did not imply consent to the removal of her uterus.
(ii) Absolute liability on enterprise carrying on hazardous and inherently dangerous activity.
(iii) Liability for keeping dangerous things on land.
(iv) Contributory negligence of driver cannot be imputed to passengers.

Choose the answer corresponding to the order (a) (b) (c) (d)
– (ii) (iii) (i) (iv)
– (i) (iii) (ii) (iv)
– (iv) (i) (ii) (iii)
– (i) (ii) (iii) (iv)

Q. Which of the following statement/statements is/are incorrect ? Answer by using codes given below :
(a) Mistake of fact or of law, is generally a defence to an action for tort.
(b) Law permits use of reasonable force to protect one’s person or property.
(c) Act of God is a defence if there is working of natural forces with ordinary occurrence.
(d) Inevitable accident is not a good defence if the defendant can show that he neither intended to injure the plaintiff nor could he avoid the injury by taking reasonable care.
– (a) and (b) only.
– (a), (b) and (c) only.
– (a), (b), (c) and (d) all.
– (a), (c) and (d) only.

Q. Refusal to answer to an authorised investigating officer could be punished under Section 179 of Indian Penal Code, while giving false answer statement in that process could be punishable as per
– Section 180
– Section 193
– Section 181
– Section 183

Q. Under what circumstances gross negligence could amount to knowledge as may be required under Section 299 of Indian Penal Code to impose punishment ?
– Bonafide belief about a supernatural thing resulting in the direct consequence of death.
– There was pre-supposition that death will result.
– Presumption is that the accused had knowledge about the consequence of his act that resulted death.
– When there is clear difference between lower or higher degree of criminality.

Q. ‘Sedition’ as explained in Sec. 124-A is akin to treason and the offences are against the State. But certain gestures like cartoons, although may not have wit or humour could not be penalised because :
– It carries only anger or disgust.
– The mere act causes dis-affection to the government.
– Represents dis-loyality against the government.
– The manner of expression is to change the government.

Q. The judicial reforms unfolding the mistry behind medicalisation of consent in rape cases has an impact of less nuanced understanding by the phallocentric society is based on
– Compromise is Rape cases.
– Ramification against sanctions of law in rape cases.
– Resulting out of love affairs against the societal codes.
– Juvenile governance of gender issues.

Q. When a minor leaves her parental house completely without any inducement from the accused, then what offence it amounts to ?
– Abduction
– Enticing
– Kidnapping
– No offence

Q. Which of the following distinctive feature do not relate to wrongful restraint and wrongful confinement ?
– Wrongful restraint is partial restraint of personal liberty while wrongful confinement is absolute restraint of personal liberty.
– Wrongful restraint implies wrongful confinement.
– ‘Wrongful confinement’ requires circumscribing limits while ‘wrongful’ representation is boundaryless.
– In wrongful confinement there is restriction of movement in all directions, while in wrongful restriction the movement is not total restriction in all directions.

Q. Rejection or modification of Award may be made by the Appropriate Government by a Notification
– On the ground of National Economy or Social Justice.
– On the ground of error in the Award.
– On the ground of prejudice caused to a section of workers.
– On the ground of Quantum of Award.

Q. Read Assertion (A) and Reason (R) and answer using the codes given below :
Assertion (A) : The power to refer disputes to Industrial Tribunals and enforce their awards is an essential corollary to the obligation that lies on the Government to secure conclusive determination of the disputes with a view to redressing the legitimate grievances of the parties.
Reason (R) : Such obligation arise from the imposition of restraints on the rights of strike and lock-out.
– Both (A) and (R) are true and (R) is the correct explanation of (A).
– Both (A) and (R) are true, but (R) is not the correct explanation of (A).
– (A) is true, but (R) is false.
– (A) is false, but (R) is true.

Q. Under the Industrial Disputes Act, the Conciliation Officer has
– Legal duty and can summon the parties for an amicable settlement.
– No legal duty till some action is taken against the workman and can only persuade the parties for an amicable settlement.
– Legal duty for which a writ of Mandamus lie.
– Legal duty coupled with adjudicatory powers.

Q. Which one of the following statement is correct under the Industrial Disputes Act ?
– Collective Bargaining agreements are enforceable as a settlement arrived as between workers and employers.
– Collective Bargaining agreements are treated as gentlemen agreement and hence enforcement depends on goodwill of the parties.
– Collective Bargaining agreements are not enforceable until it is approved by the Government.
– Collective Bargaining agreements are enforceable only through court of law.

Q. To deter reckless, unjust, unfair or malafide closure, the requirement of a prior permission for closure by itself cannot be unreasonable restriction on the fundamental right of an employer was observed in one of the following case :
– Excel Wear V/s. Union of India.
– Hindalco Industries Ltd. V/s Union of India.
– Workmen V/s. Meenakshi Mills Ltd.
– Papanasam Labour Union V/s. Madura Coats Ltd. and another.

Q. Which one of the following statement is right ?
– A Registered Trade Union can create a separate political fund for the promotion of civic and political interests of its members.
– A Registered Trade Union cannot enter into contract with anyone in its own name.
– A Registered Trade Union cannot enter into agreement with its members.
– A Registered Trade Union cannot acquire, hold and dispose of movable properties.

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I got AIR 21 in CLAT PG. Thank you so much. Your mocks helped me a lot in my preparation 🙂 - Ayushi Jain

I have subscribed to your CLAT PG program and got AIR 36 in this year CLAT PG. I have also secured AIR 54 in AILET PG exam. I would like to thank you. Your mock paper really helps a lot - Shrashank Tripathi

I would like to thank you for the CLAT PG LLM COURSE. Practising mock tests there helped me in getting confidence and hence I was able to get AIR 45 in CLAT PG LLM - Akshay Awasthi

A year back, I relied on the IIT Kharagpur RGSOIPL mock test series by LawMint to prepare for my RGSOIPL entrance test. Few months back, I relied on your UGC NET Law series to prepare for UGC NET. I was the topper of the RGSOIPL entrance, and have cracked JRF in UGC NET. All thanks to LawMint - Anshuman Sahoo

"I got AIR 18 in CLAT PG and General Category rank 28 in AILET PG. I want to thank you for helping me practice well in controlled conditions from any place. It gave me a lot of confidence and I took the tests while travelling too. I also made it to IIT Kharagpur." - Vinodharani

"Lawmint has been of great help to me in securing AIR 25 in AILET PG and AIR 29 in CLAT PG examinations. The subjective and objective approach of the test series kept me up to date with the latest exam pattern." - Bhawna Nanda

"I, Nimmy Saira Zachariah joined you clat test series. I cleared AILET PG with 30th rank. Your test series were of immense help as it gave me clear idea of where my preparations stand thank you once again law mint." - Nimmy S Z

"Hey guys. Where do I start? If I thought that getting AIR 59 in Clat PG was it, then how wrong I was. With Lawmint now I have cracked UGC NET as well." - Joyanta Chakraborty

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This is the UGC NET Question Paper II from the exam conducted by CBSE in August 2016.
Answer to this UGC NET question paper and all other UGC CBSE NET papers published on LawMint.com are available for registered users of our Online Prep Packs.