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(Paper) Previous Year Question Paper (BA LLB) - 2012

Section - IV : Legal Aptitude

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1. Principle: Only Parliament or State Legislatures have the authority to enact laws on their own. No law made by the State can take away a person’s fundamental right.

Facts: Parliament enacted a law, which according to a group of lawyers is violating the fundamental rights of traders. A group of lawyers files a writ petition
challenging the Constitutional validity of the statute seeking relief to quash the statute and further direct Parliament to enact a new law.

(A) No writ would lie against Parliament, as the court has no authority to direct Parliament to enact or re-enact a law
(B) The court can quash existing law if it violates fundamental rights and can direct Parliament to make a new law
(C) The court can quash the existing law if it violates fundamental rights but cannot direct Parliament to make a new law.
(D) None of these

2. Principle: When one person signifies to another his willingness to do or abstain from doing anything, with a view to obtaining the assent of that person to such an act or abstinence, he is said to have made a proposal.

Fact: “Ramanuj telegraphed to Shyam Sunder, writing: “Will you sell me your Rolls Royce CAR? Telegram the lowest cash price.” Shyam Sunder also replied by telegram: “Lowest price for CAR is Rs. 20 lakh.” Ramanuj immediately sent his consent through telegram stating: “I agree to buy the CAR for Rs. 20 lakh asked by you.” Shyam Sunder refused to sell the car.

(A) He cannot refuse to sell the CAR because the contract has already been made.
(B) He can refuse to sell the CAR because it was only invitation to offer and not the real offer
(C) It was not a valid offer because willingness to enter into a contract was absent
(D) None of these

3. Principle: Every person, who is of the age of majority, is competent to contract according to the law to which he is subject.

Facts: A minor mortgaged his house in favour of Thakur Das, a money lender, to secure a loan of Rs. 20000. A part of this, i.e. Rs. 10500 was actually advanced to him. While considering the proposed advance, the attorney who was acting for the money lender, received information that the plaintiff was still a minor. Subsequently the minor commenced an action stating that he was underage when he executed the mortgage and the same should, therefore, be cancelled. He prayed for setting aside the mortgage. The mortgagee money lender prayed for the refund of Rs. 10500 from the minor.

(A) As a minor’s contract is void, any money advanced to a minor can be recovered.
(B) A minor’s contract is void ab initio, any money advanced to a minor cannot be recovered.
(C) A minor’s contract is voidable; any money advanced to a minor can be recovered
(D) Advanced money can be recovered because minor has given wrong information about his age.

4. Principle: A person is said to be of sound mind for the purpose of making a contract if, at the time when he makes it, he is capable of understanding it and of forming a rational judgment as to its effect upon his interests.

Facts: Mr. X who is usually of sound state of mind, but occasionally of unsound state of mind, enters into a contract with Mr. Y when he was of unsound state of mind.
Mr. Y having come to know about this fact afterwards, wants to file a suit against Mr. X

(A) Mr. X cannot enter into contract because he is of unsound state of mind when he entered into contract.
(B) Mr. X can enter into contract but the burden is on the other party to prove that he was of unsound state of mind at the time of contract.
(C) Mr. X can enter into contract but the burden is on Mr. X to prove that he was of sound state of mind at the time of contract
(D) None of these

5. Principle:

(1). The state shall not deny to any person equality before the law and equal protection of the laws within the territory of India.
(2). The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex and place of birth or any of them.

Facts: The Government of Rajasthan, passed an order providing for reservations for the Scheduled Castes/ Scheduled Tribes and Socially and Educationally Backward Classes (including Muslims), and Women, in all institutions of higher education, including private educational institutions, both aided as well as unaided, in the following manner: Scheduled Caste- 15%; Scheduled Tribe- 7.5%, Socially and Educationally Backward Classes (including Muslims) – 27%
I. The reservation policy of the government is violative of the principle of equality envisaged in the Constitution
II. The reservation policy is unconstitutional because it is based on ‘caste’ which is a prohibited marker
III. Reservation does not violate equality clause as it entails “like should be treated like and unlike should be treated differently.”
IV. Reservation does not violate equality clause as the Constitution itself enables the State to make special provision for the advancement of socially and educationally backward classes of citizens or for the Scheduled Castes and Scheduled Tribes.

(A) I is correct
(B) I and II are both correct answers
(C) III is correct answer
(D) III and IV both are correct answers

6. Principle: Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it be done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other harm to a person or property.

Facts: Mr. Sharman, the Captain of a steam vessel, suddenly and without any fault or negligence on his part, finds himself in such a position that, before he can stop his vessel, he must inevitably run down a boat B, with twenty or thirty passengers on board, unless he changes the course of his vessel, and that, by changing his
course, he must incur the risk of running down a boat C with only two passengers on board and which he may possibly clear.

(A) Sharman has committed no offence because this was done out of necessity
(B) Sharman can be held responsible for the act of criminal negligence
(C) Sharman can be held responsible for culpable homicide
(D) This is a clear case of accident so Sharman cannot be held responsible

7. Principle: Willful rash driving is an offense.

Facts: Mr. Tiwari was driving his car after drinking alcohol. Police books him for willful negligent driving. Is the act of the police lawful?

(A) No, because Mr. Tiwari was not driving rashly; he was drunk while driving.
(B) No, this is not a negligent act.
(C) Yes, because Mr. Tiwari was driving rashly.
(D) Yes, because the police has the power to arrest a person driving rashly.

8. Principle: Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property with an intention to take it, is said to commit theft.

Facts: Y cuts down a tree on Z’s ground, with the intention of dishonestly taking it out of Z’s possession without Z’s consent. Y could not take away the tree.

(A) Y can be prosecuted for theft
(B) Y cannot be prosecuted for theft
(C) Y can be prosecuted for attempt to theft
(D) Y has neither committed theft nor attempted to commit theft

9. Principle: Injuria Sine Damnum i.e. Injury (violation of legal right) without damage

Facts: X, who was the returning officer at a polling booth in Amethi, wrongly refused to register a duly tendered vote of Y in the recent UP elections, even though Y was an eligible voter. The candidate in whose favour Y wanted to vote, was declared elected.
Give the appropriate answer-

(A) Y can sue X on the ground that he was denied the right to cast vote, which is a fundamental right.
(B) Y can sue X on the ground that he was denied the right to cast vote, which is a legal right
(C) Y cannot sue X because there is no injury or damage caused to Y
(D) Y cannot sue X because the candidate in whose favor he wanted to vote was declared elected.

10. Principle: Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsound state of mind, is incapable of knowing the nature of the act, or something that he is doing is either wrong or contrary to law.

Fact: X takes his son Y who is three years old, for bathing to the well. He throws his son inside the well so that the son can have a good bath. After 10 minutes he also jumps into the well to take bath and get his son out of the well. Both were rescued by the villagers but his son was found dead.

(A) X has committed culpable homicide amounting to murder
(B) X has committed murder
(C) X has done no offence as he can plead the defense of unsound state of mind
(D) X’s family should be held responsible for allowing him to take the child to the well

11. Principle: Ignorance of Fact is excused but ignorance of law is no excuse

Fact: X was a passenger from Zurich to Manila in a Swiss Plane. When the plane landed at the Airport of Bombay on 28 Nov. 1962 it was found on searching that X carried 34 kg of Gold Bars on his person and that he had not declared it in the ‘Manifest for Transit’. On 26th Nov. 1962 the Government of India had issued a notification modifying its earlier exemption, making it mandatory now that the gold must be declared in the “Manifest” of the aircraft.

(A) X cannot be prosecuted because he had actually no knowledge about the new notification issued two days ago
(B) X cannot be prosecuted because ignorance of fact is excusable
(C) X can be prosecuted because ignorance of law is not excusable
(D) X’s liability would depend on the discretion of the court

12. Principle: Proposal (communication) + Acceptance (communication) + Consideration = Contract. The communication of a proposal is complete when it comes to the knowledge of the person to whom it is made.

Facts: X’s nephew absconded from home. He sent his servant in search of the boy.
After the servant had left, X by handbills offered to pay Rs. 501 to anybody finding his nephew. The servant came to know of this offer only after he had already traced the missing child. He, therefore, brought an action to recover the reward.

(A) His action would fail because he was not aware of the offer
(B) His action would not fail because it was a general offer
(C) The fact that he was not aware of the offer does not make any difference and hence it was a valid contract. It is a mere formality
(D) None of the above

13. Principle: Agreements, the meaning of which is not certain, or not capable of being made certain, are void.

Facts: A horse was bought for a certain price coupled with a promise to give Rs.500 more if the horse is proved lucky.

(A) This is a valid agreement.
(B) This agreement is void for uncertainty because it is very difficult to determine what luck, bad or good, the horse has brought to the buyer.
(C) The agreement is partially valid and partially void.
(D) None of the above.

14. Principle: Mere silence as to the facts likely to affect the willingness of a person to enter into a contract is not a fraud, unless the circumstances of the case are such that, on close examination it is found to be the duty of the person keeping silent to speak, or unless his silence is, in itself, equivalent to speech.

Facts: X sells by auction to Y, a horse which X knows to be of unsound state of mind. X says nothing to Y about the horse’s unsound state of mind. Give the correct answer-

(A) X can be held liable for fraud.
(B) X can be held liable for misrepresentation
(C) X cannot be held liable, because he did not say anything positive about the mental state of the horse.
(D) X cannot be held liable because it is the buyer who must be aware of the things.

15. Principle: Any direct physical interference with goods in somebody’s possession without lawful justification is called trespass of goods.

Facts: Z purchased a car from a person who had no title to it and sent it to a garage for repair. X believing wrongly that the car was his, removed it from the garage.

(A) X can be held responsible for trespass of goods
(B) X cannot be held responsible for trespass of goods as he was under a wrong belief.
(C) X has not committed any wrong.
(D) None of the above.

  

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Instructions : Each of the next nine questions consists of two statements, one labeled as ‘Assertion’ (A) and other as ‘Reason’ (R). You are to examine these two statements carefully and select the correct answers.

16. Assertion (A): A void contract is not necessarily illegal
Reason (R): Every illegal contract is void.

(A) Both A and R are individually true and R is the correct explanation of A.
(B) Both A and R are individually 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

17. Assertion (A): The Indian Constitution was adopted on 26th November, 1949.
Reason (R): Law Day is celebrated in India on 26th November every year.

(A) Both A and R are individually true and R is the correct explanation of A.
(B) Both A and R are individually 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

18. Assertion (A): The state shall not make any law, which takes away or abridges the rights conferred by Part III (Fundamental Rights) and any law made in contravention of this clause shall, to the extent of the contravention, be void.
Reason (R): The fundamental rights are the rights reserved by the people and for this reason they are eternal and sacrosanct.

(A) Both A and R are individually true and R is the correct explanation of A.
(B) Both A and R are individually 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

19. Assertion (A): Directive Principles of State Policy contained in Part IV shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.
Reason (R): Directive Principles of State Policy and Fundamental Rights are both complementary to each other but in case of any controversy fundamental rights will prevail.

(A) Both A and R are individually true and R is the correct explanation of A.
(B) Both A and R are individually 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

20. Assertion (A): All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
Reason (R): Institutions established by the minorities are not entitled to governmental aid and government is not under an obligation to give aid.

(A) Both A and R are individually true and R is the correct explanation of A.
(B) Both A and R are individually 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

21. Assertion (A): The right to move the Supreme Court under Article 32 of the Constitution by appropriate proceedings for the enforcement of the fundamental
rights is guaranteed as a fundamental right.
Reason (R): Supreme Court of India has been appointed as the guardian of the Constitution.

(A) Both A and R are individually true and R is the correct explanation of A.
(B) Both A and R are individually 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

22. Assertion (A): If the budget presented to the Rajya Sabha in not passed in the stipulated period, the budget proposals are not affected.
Reason (R): The Lok Sabha is more powerful, in financial matters, than the Rajya Sabha.

(A) Both A and R are individually true and R is the correct explanation of A.
(B) Both A and R are individually 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

23. Assertion (A): In the Event of violation of any legal right (tort) the aggrieved party is entitled to recover unliquidated damages.
Reason (R): The object of awarding damages to the aggrieved party is to put him in the same position in which he would have been if the wrong would not have been committed. Damages are therefore, assessed on that basis.

(A) Both A and R are individually true and R is the correct explanation of A.
(B) Both A and R are individually 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

24. Assertion (A): During inflation, there is increase in money supply and rise in price level.
Reason (R): The rise in prices is due to shortage in supply of essential consumer goods.

(A) Both A and R are individually true and R is the correct explanation of A.
(B) Both A and R are individually 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

25. Assertion (A): X, because of unsound state of mind and not knowing the nature of the act, attacks Y, who in self defense and in order to ward off the attack hits him
thereby injuring him. Y has not committed an offence.
Reason (R): Y had a right of private defense against X under Section 98 of the Indian Penal Code.

(A) Both A and R are individually true and R is the correct explanation of A.
(B) Both A and R are individually 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

26. Assertion (A): X and Y independently entertained the idea to kill Z. Accordingly; each of them separately inflicted wounds on Z who died as a consequence. X and Y are liable for murder under 341 IPC.
Reason (R): When a criminal act is done by several persons in furtherance of common intention of all, each of such persons is liable as if the whole act was done by him alone.

(A) Both A and R are individually true and R is the correct explanation of A.
(B) Both A and R are individually 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

27. Assertion (A): A person claims compensation for his non-gratuitous act.
Reason (R): A person who enjoys benefit from lawful, non-gratuitous act of another must compensate him even though there is no contract.

(A) Both A and R are individually true and R is the correct explanation of A.
(B) Both A and R are individually 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

28. Assertion (A): Freedom of Speech is the most important civil liberty of people in a democratic polity.
Reason (R): State can regulate free speech in the interest of public order.

(A) Both A and R are individually true and R is the correct explanation of A.
(B) Both A and R are individually 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

29. Assertion (A): Austin’s concept of law is known as imperative theory
Reason (R): Austin emphasized on the commanding character of law.

(A) Both A and R are individually true and R is the correct explanation of A.
(B) Both A and R are individually 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

30. Assertion (A): The essence of joint liability under section 149 of the IPC is that the criminal act must have been done with a view to fulfill the common object of an unlawful assembly.
Reason (R): Any sudden and provocative act done by a member of an unlawful assembly would render the other members of that assembly liable.

(A) Both A and R are individually true and R is the correct explanation of A.
(B) Both A and R are individually 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

31. The following are enshrined in the Preamble of the Constitution of India

I. Equality of status and of opportunity
II. Liberty of thought, expression, belief, faith and worship
III. Justice-social, economic and political
IV. Fraternity assuring the dignity of the individual
V. Unity and Integrity of the nation
Which of the following is the correct order in which they appear in the preamble?

(A) V-I-II-IV-III
(B) III-II-I-IV-V
(C) III-I-II-V-IV
(D) I-II-IV-III-V

32. Which one of the following statements is correct?
Right to free and compulsory education for all children of the age of 6 to 14 years is:

(A) a fundamental right enforceable in law
(B) a fundamental duty
(C) a directive principle of state policy
(D) a fundamental right which, however, can be enforced only if the state makes an enabling legislation

33. Affirmative action connotes:

I. Measures taken by the state to help the socially disadvantaged groups
II. Positive discrimination
III. Strict quotas for the socially and educationally backward class in school/college admissions and jobs.
Which of the above mentioned is true?

(A) I and II only
(B) II only
(C) I, II and III
(D) II and III only

34. Identify the correct statement:

(A) Federalism implies a system of government which embodies a division of powers between a central and a number of regional authorities
(B) Federalism implies a system of government which embodies a division of powers between Legislature, Executive and Judiciary
(C) Federalism implies a system of Government which embodies Parliamentary supremacy
(D) None of these

35. Consider the following statements:

I. In a recent Supreme Court verdict pronounced by Justice Markandeya Katju and Justice Gyan Sudha Mishra, the court upheld the constitutionality of the Haj subsidy
II. Muslims are not the only beneficiaries of the secular state’s generosity. Hindus have also received substantial financial support from the Government With reference to the statements mentioned above, which of the following is correct?

(A) I only
(B) II only
(C) Both I and II
(D) Neither I nor II

36. X, a married woman, agreed to live in adultery with B and also agreed to serve him as his housekeeper. In return, B agreed to pay X Rs. 500 per month for living in adultery and Rs. 500 per month for housekeeping. The agreement is

(A) Valid
(B) Void
(C) Void as to the first object but valid with respect to the second object
(D) Unlawful as being opposed to public policy

37. Ramu applied for the post of Director in an organization. The governing body of the organization passed a resolution appointing him to the post. After the meeting, one of the members of the governing body informed him privately of the resolution. Subsequently, the resolution was rescinded. Ramu claims damages. Which one of the following is the correct legal proposition in the case?

(A) Ramu cannot claim damages as he had not resigned from his existing post in anticipation of getting the appointment letter
(B) Ramu cannot claim damages as there was no formal communication
(C) Ramu can claim damages as governing body cannot rescind the resolution once passed
(D) Ramu can claim damages as there was private communication

38. The Railway authorities allowed a train to be over crowded. In consequence, a legitimate passenger Mr. X got his pocket picked. Choose the appropriate answer:

(A) Mr. X can sue the Railway authorities for the loss suffered
(B) Mr. X cannot sue because he had given his consent to travel in a over-crowded train
(C) Mr. X cannot sue railway authorities because there was no infringement of his legal right and mere fact that the loss was caused does not give rise to a cause of action
(D) None of these

39. Z is carried off by a tiger. X fires at the tiger, knowing that the shot might kill Z, but with no intention to kill Z, and in good faith trying to save Z. X’s shot, however, gives Z a mortal wound. Choose the correct option

(A) X has committed an offence of a grievous nature.
(B) X has no moral duty to save Z therefore he can be held liable.
(C) X has not committed any offence, as the act was in good faith and for the benefit of Z.
(D) None of the above

40. Ms. Usha wants to file a suit against Bhagyalaxmi Theatre praying for a permanent injunction (stay order) restraining the theatre from running the film named “Jai Santoshi Maa”. Her contention is that the film hurt her religious feelings and sentiments as Goddess Saraswati, Laxmi and Parvati were depicted as jealous and were ridiculed.

(A) She cannot file a suit because injury to religious feelings is not a legally recognized right.
(B) She cannot file a suit because the Theatre has a fundamental right to speech and expression.
(C) She can file a suit as injury to religious feelings has been legally recognized as a right (injuria sine damnum)
(D) It is a case of complete judicial discretion.

41. Match schedule one and two and choose the appropriate answer-

Schedule I.................................... Schedule II
i. Concurrent list .......................1. Constitution of Japan
ii. Rule of Law ..........................2. Constitution of Ireland
iii. Directive Principle of State Policy .3. British Constitution
iv. Procedure established by law .........4. Constitution of Australia

(A) 1 2 3 4
(B) 2 4 3 1
(C) 1 3 4 2
(D) 4 3 2 1

42. P, Q and R made a joint promise to give S a sum of Rs.3000. S recovered the whole amount from P. Q was declared insolvent and cannot give anything. Which statement out of the following is correct?

(A) P cannot get anything from R.
(B) P can recover Rs.1000 from R.
(C) P can recover Rs.1500 from R
(D) P can recover Rs.2000 from R.

43. X went to Y’s house and forgot his bag which contained 1 kg sweets. Y’s children consumed the sweets. Decide the liability of Y.

(A) Y is bound to pay the price of sweets to X
(B) Y is not bound to pay anything
(C) Y is bound to pay half the price of sweets.
(D) Y would not have to pay anything because X loves Y’s children.

44. Which one of the following is not correct?

(A) Freedom of speech and expression includes freedom of press.
(B) Right to life and personal liberty includes right to carry on any trade and profession
(C) Right to equality includes the principles of natural justice
(D) Freedom of conscience includes the wearing and carrying of kirpans by the Sikhs

45. Y makes an attempt to steal some jewels by breaking open a box and finds, after opening the box, that there is no jewel in it. Choose the appropriate answer.

(A) Y is not guilty of attempt to theft because the box was empty.
(B) Y is guilty of attempt to commit theft.
(C) Y is guilty of trespass.
(D) Y is not guilty of any offence.

46. A lady wanted to get a railway ticket but finding a crowd near the ticket window at the station, asked Raju, who was near the window, to get a ticket for her and handed him money for the same. Raju took the money and instead of getting the ticket, ran away with it. What offence has been committed by Raju?

(A) No offence
(B) Criminal breach of trust
(C) Criminal misappropriation
(D) Theft

47. The Right to Equality is guaranteed by-

(A) Article 14 to 18
(B) Article 14
(C) Article 14 and 15
(D) Article 14, 15 and 16

48. Mr. Samay was severely hurt while working in his factory and fell unconscious. He was rushed to a hospital by his fellow workers. In the hospital (at emergency/casualty ward) the doctors opined that he should be operated immediately. While conducting preliminary examinations, he was found to be HIV positive. The doctors are in a dilemma regarding what should they do first-

(A) Doctors should operate first
(B) Doctors should inform his family members
(C) Doctors should inform his employers
(D) Doctors should not inform anyone because it would violate patient’s right of privacy.

49. Match the schedule I and II and choose the appropriate answer-

Schedule I ………Schedule II
i Republic ……….1. Head of the state is elected by the people
ii Secular ………..2. State does not recognize any religion as religion of the state
iii Democracy ….3. The government which gets authority from the will of the people

(A) 1 2 3
(B) 1 3 2
(C) 2 3 1
(D) 3 2 1

50. In which of the following cases can a Constitutional amendment be passed just by a simple majority in Parliament?

(A) Election matters
(B) Change in the name and boundaries of states
(C) Powers of the President
(D) None of the above

  

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