UGC NET CBSE Paper II Law 2017 November Question Paper

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Q. Which one of the following cases enshrine the present position of the doctrine of public policy in India ?
– Ramchand Hirachand v. Askar Nawaz Jung
– Gherulal Parakh v. Mahadeodas
– Muniammal v. Raja
– Geeta Satish Gokarna v. Satish Shankarrao Gokarna

Q. Read Assertion (A) and Reason (R) and answer using code given below :
Assertion (A) : A contract is a property in the nature of a promise supported by some consideration upon which either the remedy of specific performance or that of damages is available.
Reason (R) : Above principle is laid down in Sunrise Associates v. Govt. of NCT of Delhi.
– Both (A) and (R) are correct.
– Both (A) and (R) are incorrect.
– (A) is correct, but (R) is incorrect.
– (R) is correct, but (A) is incorrect.

Q. Which of the following statement/s is/are correct ? Answer by using the code below :
(a) In tort duty is imposed by law and is owed to the community at large.
(b) A tort is founded upon consent of parties.
(c) A tort is civil wrong for which the remedy is a common law action for liquidated damages.
(d) In tort ‘motive’ for the violation of right is immaterial.
– Only (a) is correct.
– (a) and (b) are correct.
– (a), (b) and (c) are correct.
– (a), (b), (c) and (d) are correct.

Q. Match List-I (Name of defence) with List-II (Related case) and give the answer by using the code given below :

List-I
(a) Plaintiff a wrongdoer
(b) Act of God
(c) Inevitable accident
(d) Mistake

List-II
(i) Nichols v. Marsland
(ii) Bird v. Holbrook
(iii) Consolidated Co. v. Curtis
(iv) Stanley v. Powell

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

Q. Read Assertion (A) and Reason (R) and give correct answer with the help of code given below :
Assertion (A) : The relations of partners inter se is that of principal and agent.
Reason (R) : The rules of the law of agency does not apply in case of their liability.
– 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 right but (R) is wrong
– (A) is wrong but (R) is right

Q. servant is engaged by the master under __________.
– Contract of service
– Contract for services
– Contract from services
– Contract in services

Q. Match List-I (Name of Rule) with List-II (Related case) and give correct answer by using code given below :

List-I
(a) Last opportunity
(b) Apportionment of damages
(c) Alternative danger
(d) Identification

List-II
(i) Bernina Mills v. Armstrong
(ii) Davies v. Mann
(iii) Shyam sunder v. State of Rajasthan
(iv) Vidya Devi v. M.P. Road Transport Corporation

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

Q. Which of the following is an exception to the rule of strict liability ?
– Defendant’s own fault
– Statutory authority
– Consent of third party
– Act of defendant

Q. Match the appropriate statements with that of its authors : Statement Author
(a) The behaviour as criminal is part of the political process
(b) Disobedience of law may be termed as a crime
(c) Crime is not absolute like sin
(d) Crime is an act committed or omitted in violation of a public
(i) Klare H. J.
(ii) Huda
(iii) Terence Morris
(iv) Blackstone law

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

Q. In the absence of any evidence as to the mens rea, in which of the cases the criminal liability can be fixed upon a person ?
– Where the consequences are not so harmful to the society.
– Where there is no violent presumption.
– The intended consequence is not injurious but conjointly injurious on other facts.
– Where an act is not performed want only.

Q. In the application of the principle ‘Nemo debet proeadem causa bis vexari’, what enquiries are relevant ?
– Whether the accused is not in jeopardy on the first indictment ?
– Whether there was final verdict ?
– Whether the previous charge was not the same as that of the present one ?
– Whether the statute directs not to have a second trial ?

Q. Read the following statements and state where the principles of joint liability is applied instantly flowing from mens rea ?
– When he himself commits a crime.
– When he shares in the commission of crime.
– When he, with a view to the commission of crime, sets some third agency to work.
– When he helps the offender after commission of the crime in screening the offence.

Q. Acts done in moments of delusion are protected because :
– By virtue of absence of free will.
– Lack of intelligence to distinguish between good and evil.
– Expediency grounds says so.
– Circumstances are such that they are incompatible to the existence of Mens rea.

Q. Which of the factors are essential for fixing criminal liability on importing girls from different territory other than India for seduction ?
– That girl must be below the age of 21 years.
– That imported girl must be from Indian origin irrespective of age.
– That girl must be from Jammu and Kashmir or any other UN recognised country and is brought forcefully to render domestic help.
– That girl is on a tourist Visa and above 21 years and is likely that she will be forced to illicit intercourse.

Q. Read Assertion (A) and Reason (R) and answer using the code given below :
Assertion (A) : There is a more continuous and systematic surveillance over industrial disputes on the part of the government by resorting to compulsory adjudications as the tradition of free collective bargaining has always been weak in India .
Reason (R) : With respect to the merits and demerits of collective bargaining Vis-a-Vis compulsory adjudications there is a serious conflict and over lapping of views .
– Both (A) and (R) are true and (R) is the correct explanation of (A).
– Both (A) and (R) are true and (R) is not the correct explanation of (A).
– (A) is true but (R) is false.
– (A) is false but (R) is true.

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

List-I
(a) Food corporation of India staff union v. Food corporation of India and others
(b) Virudhachalam v. Management of Lotus Mills union
(c) B. Srinivasa Reddy v. Karnataka water Supply and Drainage Board Employees Association
(d) Coir Board, Ernakulam, Cochin and another v. Indira Devi P.S. and others

List-II
(i) Settlements are the “live wires” of the Act for ensuring industrial peace and prosperity.
(ii) An unregistered trade union or trade whose registration has been cancelled has no right.
(iii) Reflection of recent judicial trends on the interpretation of definition of industry.
(iv) Norms and procedure to be followed for assessing the representative character of Trade Union by a secret ballot system.

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

Q. Which one of the following is wrong ?
– The right to strike or declare lock-out may be controlled or restricted by appropriate industrial legislation.
– The conciliation officers under the industrial disputes Act are charged with the duty of adjudication of disputes.
– An interim award is like a preliminary decree within the meaning of Section 2(2) of Code of Civil Procedure.
– The Works Committee is not authorised to consider real or substantial changes in the conditions of service.

Q. The Fifth Schedule, under the Industrial Disputes Act contains several unfair labour practices. In which of the conditions of category I, it is required to establish that Employer Sponsored Trade Union of workmen is said to be Unfair Labour Practice ?
(LawMint note : This is an actual exam question. Phrasing of question is quite vague.)
– Employees or their Trade Union
– Employee only
– Employers or their Trade Union
– Employer and Employee Collectively

Q. When a party to dispute under the Industrial Disputes Act is prevented from appearing at the hearing, due to sufficient cause and is faced with exparte award, the Industrial Tribunal has :
– no power to set aside the exparte award.
– only duty to set aside the exparte award.
– both power and duty to set aside the exparte award which is based on the rule of statutory construction.
– express provision in the Act or rules giving the tribunal the jurisdiction to set aside the award.

Q. The concept of compulsory adjudication of industrial disputes was statutorily ushered with a view to providing a forum and compelling the parties to resort to the forum for arbitration, so as to avoid confrontation and dislocation in industry.
The above observation was made by one of the justice in a case decided by the Supreme Court :
– Justice V.R. Krishna Iyer
– Justice O. Chinnappa Reddy
– Justice Desai
– Justice Gajendragadkar

Authentic Feedback from previous LawMint users :

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 November 2017.
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.