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Old 24th July 2014, 03:53 PM
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Default Common Law Admission Test LLM entrance exam previous year question papers

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Old 25th July 2014, 02:52 PM
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Default Re: Common Law Admission Test LLM entrance exam previous year question papers

As you want to get the Common Law Admission Test LLM entrance exam previous year question papers so here it is for you:

PART-A

Note: This part contains fifty (50) multiple choice questions of one mark each. All questions are compulsory.

1. The Central Pollution Control Board constituted under the Water (Prevention and Control of Pollution) Act, 1974 consists of total seventeen members. How many of them are official members?

A. Maximum five
B.Maximum three
C.Maximum two
D. Maximum seven

2. A letter of acceptance sent by post is lost in transit

A. There is a concluded contract as the letter of acceptance is put in the course of transmission
B. There is no concluded contract as the acceptance has not come to the knowledge of the proposer
C. There is no concluded contract as the acceptance has not been communicated to the proposer
D. All the above.

3. Which one of the following agreements is induced by undue influence?

A. A applies to banker for loan at a time when there is stringency in the money market. The banker declines to make the loan except at an unusually high rate of interest. A accepts the loan on these terms
B. A, enfeebled by disease or age, is induced by B’s influence over him as his medical attendant, to agree to pay B an unreasonable sum for his professional services
C. A, at the age of sixty-five years, executes a deed of gift in favour of his only grandson gifting him all his properties to the exclusion of his wife, sons and daughters
D. B, a rich man, donates all his properties to a charitable trust leaving nothing for himself and his family members

4. X hands over her expensive saree for cleaning to a dry cleaner who loses the same. X claims the total value of the saree. The dry cleaner refers to a clause printed in the contract receipt which states that the dry cleaner can be held liable for Rs.50 or 10% of the original value of the cloth only, whichever is less. Which one of the following propositions holds good to explain the correct position of law on the point?

A. The court generally does not entertain such frivolous cases.
B. The court will rely upon the clause in contract receipt and award only 10% of the cost of the saree (or Rs. 50 if it is less)
C. The court will award reasonable damages, ignoring the clause as unreasonable
D. None of the above

5. Which one of the following is prescribed by the maxim ex nudo pacto non oritur actio?

A. Doctrine of privity of contract
B. Doctrine of consideration
C. Doctrine of implied term
D. None of the above

6. Under which of the following conditions, the right to claim damages in tort would arise?

1. Infringement of a legal right
2. Legal damage
3. Any damage
4. Existence of a legal right

Select the correct answer using the code given below: Code:

A. 1 and 2
B. 1,2 and 4
C. 1, 3 and 4
D. 2 and 4

7. Match List-I with List-II and select the correct answer using the code given below the said Lists:

List I (case) List II (tort)
I. Donoghue vs Stevenson 1. Defamation
II. Cassidy vs Daily Mirror Newspaper 2. Joint tort feasors
III. Merryweather vs Nixon 3. Negligence
IV. Bird vs Jones 4.False imprisonment
Code: 1. Defamation
2. Joint tort feasors
3. Negligence
4.False imprisonment

a b c d
(A) 4 1 2 3
(B) 4 2 1 3
(C) 3 2 1 4
(D) 3 1 2 4
8. Which of the following statements are correct?

1. In tort, the duties are imposed by law whereas in contract, duties are undertaken by the parties themselves.

2. In tort, the duty is towards the world at large but in contract, the duty is towards specific individual or individuals.

3. In tort, damages are liquidated but in contract, the damages are unliquidated.

4. In tort, a person may be liable for the wrongs committed by others also but in contract, the liability governs the parties to the contract only.

Select the correct answer using the code given below: Code:

A. 1, 2 and 4
B. 1, 2 and 3
C. 2 and 4
D. 1 and 4

9. For an action of nuisance, the following have been put up as defences:
1. The place is suitable for the purpose.
2. It is for the benefit of the locality.
3. It is done under statutory authority.
Which of the defences given above is/are correct?

A. 1, 2 and 3
B. 1 only
C. 2 and 3
D. 3 only

10. Which one of the following statements illustrates the principle of contributory negligence?

A. The plaintiff by his own want of care contributes to the damage caused by the negligence or wrongful conduct of the defendant
B. To be guilty of contributory negligence, the plaintiff should have acted like a prudent man
C. A person who comes to court must come with clean hands
D. The plaintiff’s negligence means breach of duty towards defendant

11. Which one of the following is not an essential element in a suit for damages for malicious prosecution?

A. The plaintiff was prosecuted by the defendant
B. The proceedings terminated in favour of the defendant
C. The defendant acted maliciously and not with a mere intention of carrying the law into effect
D. The plaintiff suffered damage as a result of the prosecution

12. Under section 100 of the Indian Penal Code, 1860, the right of private defence of body extending to causing death is not available against an assault

A. Causing apprehension of grievous hurt
B. With an intention of gratifying unnatural lust
C. With an intension of kidnapping or abducting
D. With an intention of robbery

13. ‘A’, a revenue officer, having dominion over public money by virtue of his office and is either directed by law, or bound by a contract, express or implied, with the government, to pay into a certain treasury all the public money which he holds. ‘A’ dishonestly appropriates the money. Which one of the following offences has ‘A’ committed under Indian Penal Code?

A. Theft
B. Criminal breach of trust
C. Misappropriation of property
D. Robbery

14. Which of the following are theories of punishment?
1. Pure theory
2. Deterrent theory
3. Declaratory theory
4. Expiatory theory
5. Retributive theory
Select the correct answer using the code given below: Code:

A. 2 and 5
B. 1, 2 and 3
C. 2 and 4
D. 2, 4 and 5

15. Locus poenitentiae test is applied to trace which one of the following?

A. Criminal misappropriation
B. Attempt
C. Sedition
D. Conspiracy

16. “When a state wants to delay the de jure recognition of any state, it may, in the first stage grant de facto recognition”. Who said this?

A. Prof. L. Oppenheim
B. Prof. G. Schwarzenberger
C. Prof. Kelson
D. J. G. Starke

17. The Charter of the United Nations

A. enumerates human rights
B. imposes obligation of States to promote human rights
C. contains mechanisms to implement human rights
D. imposes obligation on States to protect human rights enumerated therein

18. Which one of the following has no locus standi to seek advisory opinion of the International Court of Justice on the issue of use of nuclear weapons by a state?

A. The General Assembly of the United Nations
B. The United Nations Security Council
C. State which is a member of the United Nations
D. The Human Rights Council after obtaining authorization of the General Assembly

19. Pacta tertiis nec nocent nec prosunt means

A. treaties do not impose obligations but confer rights on third state ( not parties to the treaty)
B. treaties impose obligations and confer rights on third states
C. treaties impose obligations but do not confer rights on third states
D. treaties neither impose obligations nor confer rights on third states

20. Judicial decisions constitute

A. primary source of International law
B. subsidiary means for the determination of rules of law
C. Equitable principles
D. Merely moral principles

21. Under the Environment Protection Act, the term ‘environment includes

A. Water, air and gas
B. Water, gas and land
C. Water, air and land
D. None of the above

22. The absolute liability principle mainly focuses on which of the following?

A. Doctrine of trust
B. Polluter pays principle
C. Intergenerational equality
D. None of the above.

23. The Brundtland report is mainly concerned with

A. Population explosion
B. Forest conservation
C. Global warming
D. Sustainable development

24. In which of the following cases, the Supreme court applied the doctrine of public trust that the state as a trustee of all natural resources is under a legal duty to protect the natural resources. These natural resources are meant for public use and cannot be converted into private ownership?

A. M.C. Mehta Vs. Kamal Nath and others.
B. M.C. Mehta Vs. Union of India (Ganga Water Pollution case)
C. M.C. Mehta Vs. Union of India (Replacing diesel vehicles by CNG vehicles)
D. Church of God (Full Gospel) in India Vs. KKR Majestic Colony Welfare Association.

25. Soil erosion is caused by

A. acid rain
B. ozone depletion
C. deforestation
D. pollution

26. Rules relating to Sapinda relationship are based on the principle of

A. Polygamy
B. Monogamy
C. Endogamy
D. Exogamy

27. A Muslim marriage takes place without fixation of dower. The marriage will be

A. Sahih
B. Batil
C. Fasid
D. None of the above

28. Sources of Muslim law are :
A. The Koran
B. The Ijmaa
C. The Hadis
D. The Kiyas

Indicate there correct sequence

A. (a) (b) (d) and (c)
B. (a) (c) (b) and (d)
C. (a) (d) (c) and (b)
D. None of the above

29. When two persons are descendents of a common ancestor but by different wives, they are said to be related to each other by:

A. Full blood
B. Uterine blood
C. Half blood
D. None of the above

30. Marriage of a Sunni boy with Hindu girl in the Muslim form is

A. A void marriage
B. A valid marriage
C. An irregular marriage
D. Void ab initio

31. Read the two statements. One is Assertion (A) and the other is Reason (R) Assertion (A): A having a wife alive marries another wife. The marriage is void. Reason (R): Monogamy is the rule

Give correct answer from the following codes

A. Both (A) and (R) are true
B. Both (A) and (R) are false
C. (A) is true but (R) is false
D. (A) is false but (R) is true

32. Industrial dispute does not mean and include

A. dispute between employer and employees
B. dispute between employer and employees
C. dispute between a workman and his employer
D. dispute between employees and employees

33. Lay off means

(A) dismissing a workman
(B) removing a workman
(C) retirement of a workman
(D) inability of employer to provide work to workman

34. The Supreme Court of India has awarded twenty lacs rupees as compensation in the case of “Bandh” calls given by political party/parties. Select the correct one from among the following:

(A) Congress party
(B) Shiv Sena
(C) B.J.P., Shiv Sena
(D) Communist party of India

35. Which of the following evidence is generally not admissible in court of law?

(A) Direct evidence
(B) Hearsay evidence
(C) Circumstantial evidence
(D) Oral evidence

36. A man was found in possession of stolen goods soon after the theft. In this case

(A) Court may presume that he is a thief
(B) Court shall presume that he is a thief
(C) Court must regard that his guilt is conclusively proved
(D) Court shall presume that he is innocent

37. Doctrine of “Res Gestae” speaks of

(A) Relevancy of Documentary Evidence
(B) Relevancy of Primary Evidence
(C) Relevancy of facts forming part of same transaction
(D) Relevancy of Judgments of Courts of Justice

38. “Nulla poena sine lege” means

(A) A person convicted by the court may be punished, only in accordance with the law
(B) Agreements entered into should be fulfilled in good faith
(C) Original liability
(D) Individual criminal responsibility

39. In which of the following cases the Code of Civil Procedure (Amendment ) Acts of 1999 and 2002 were held constitutionally valid

A. T.K. Rangrajan vs. Govt. of Tamil Nadu
B. State of Punjab vs. Shiva Ram
C. Peoples Union for Civil Liberties vs. Union of India
D. Salem Bar Association vs. Union of India

40. Which one of the following is not a recognised mode of transfer of property under the Transfer of Property Act, 1882?

A. Actionable claims
B. Exchanges
C. Will
D. Gifts

41. A fact is said to be , when it is neither proved nor disproved

A. Proved
B. Disproved
C. Not proved
D. Quasi-Proved

42. According to Sec. 2 (45) of the Companies Act (as amended in 1974), a Company Secretary must possess the qualifications prescribed from time to time by the

A. Company Law Board
B. Central Government
C. Registrar of Companies
D. Parliament

43. According to the Companies Act, 1956 the first annual general meeting of company must be held within

A. One month from the date of its incorporation
B. Six months from the date of its incorporation
C. 12 months from the date of its incorporation
D. 18 months from the date of its incorporation

44. Pleadings under Civil Procedure Code, 1908 essentially means

A. Written statement only
B. Plaint only
C. Plaint and Written statement
D. Plaint, Written Statement and replication

45. Judgment under Civil Procedure Code, 1908 essentially means

A. a decree by a court
B. an order of a court
C. the statement given by the judge of the grounds of a decree or order
D. All of the above

46. Under Section 5 of the Transfer of Property Act, 1882 property may be transferred to a living person which includes

A. A company
B. An association
C. Body of individuals
D. All the above

47. Sale is a transfer of ownership in exchange for a price paid or promised or part-paid and part- promised, this definition refers to

A. Section 54 of the Transfer of Property Act, 1882
B. Section 54 of the Sale of Goods Act, 1930
C. Section 54 of the Indian Registration Act, 1908
D. None of the above

48. The relief provided under the Specific relief Act, 1963 is

A. Mandatory
B. Discretionary
C. Specific
D. Pro rata

49. Which one of the following magistrate is authorized to decide maintenance under section 125 of the Code of Criminal Procedure,1973

A. Any Judicial Magistrate
B. Executive Magistrate
C. 1st class Magistrate
D. 2nd class Magistrate

50. Plea Bargaining has been included in the Code of Criminal Procedure through

A. Criminal Procedure Code (Amendment) Act, 2005 (Act No. 25 of 2005)
B. Criminal Procedure Code (Amendment) Act, 2005 (Act No. 2 of 2006)
C. Criminal Procedure (Amendment) Act, 2006
D. Criminal Law (Amendment) Act, 2003

PART-B

Note: This section contains four long essay type descriptive questions of twenty five marks each, which must be answered with ball point pen (blue/black) only within the space provided therefor. No extra sheet will be provided to any candidate for writing the answers of these questions

Q1.Critically examine “the theory of balancing of Interest.”

Q2.Critically explain ‘Hart and Fuller debate’ on the relationship between Law and Morality.

Q3.Critically examine the role of the Indian Judiciary in recognising the right to clean environment as a fundamental right.

Q4. Critically examine the role of reservation policy adopted in India in achieving the goal of social justice.
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Old 2nd August 2014, 09:49 AM
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Default Common Law Admission Test LLM entrance exam previous year question papers

Will you please share with me the Common Law Admission Test LLM entrance exam previous year question papers?
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  #4  
Old 2nd August 2014, 12:21 PM
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Default Re: Common Law Admission Test LLM entrance exam previous year question papers

As you want to get the Common Law Admission Test LLM entrance exam previous year question papers so here it is for you:

PART-A

1. The first session of the Lok Sabha was held in the year-

(A) 1952
(B) 1962
(C) 1950
(D) 1956

2. Which one out of the following combinations is correct

(A) B.R. Ambedkar : President of Constituent Assembly
(B) Rajendra Prasad : Nominated president of the Constituent Assembly
(C) G.V. Mavalankar : First speaker of the Lok Sabha
(D) Jawaharlal Nehru : First leader of the opposition in Lok Sabha

3. Indian Constitution was framed by -

(A) British Parliament
(B) National Congress
(C) Constituent Assembly
(D) Lok Sabha and Rajya Sabha

4. When a contract provides for a specified sum in case of breach

(A) it prescribes the maximum liability
(B) it prescribes the maximum limit of liability
(C) it prescribes neither the maximum nor the maximum extent liability
(D) none of the above

5. As per Article l9 (1) (a) of the Constitution of India, all citizens shall have the right-

(A) To Freedom of speech and expression
(B) To Equality before law
(C) To protection with respect to conviction under ex-post-facto laws
(D) To Protection of life and liberty

6. As per which provision of the Constitution of India, shall it be the duty of every citizen of India to abide by, the Constitution and respect its ideals and institutions, the National Flag and the National Anthem?

(A) Art 35 (B) Art 50 (C) Art 5lA (D) Art 52

7. Right to Constitutional Remedies is given under -

(A) Art 20
(B) Art 28
(C) Art 30
(D) Art 32

8. Swaran Singh committee recommendations resulted in formulation of-

(A) Directive Principles of State policy
(B) Minorities
(C) Fundamental Rights
(D) Fundamental Duties

9. Which is the largest committee in the Indian Parliament?

(A) Public Accounts Committee
(B) The Estimates Committee
(C) The Committee on public Undertakings
(D) The Rule Committee

10. In matters related to amendment of the Constitution, the Rajya Sabha -

(A) Enjoys equal power with Lok Sahha
(B) Enjoys exclusive power to initiate certain types of amendments
(C) Does not enjoy any powers
(D) Is associated with only certain types of amendment

11. If a Member of Parliament remains absent without notice for 60 days then -

(A) Nothing happens
(B) His seat may be declared vacant
(C) He has to re-apply for membership
(D) The speaker seeks an explanation from him

12. The provision of no-confidence motion is also called -

(A) Question hour
(B) Adjournment motion
(C) Censure motion
(D) None of the above

13. Which of the following motions cannot be moved in Rajya Sabha

(A) Censure motion
(B) Adjournment motion
(C) No-day yet named motion
(D) No-confidence motion

14. As per Art.75 (3) of the Constitution of India, the Council of Ministers shall be Collectively responsible to

(A) the House of the People
(B) the Council of States
(C) the President
(D) the Vice-President

15. Who is authorized to decide a dispute regarding the disqualification of members of Parliament ?

(A) The President
(B) Supreme Court
(C) Election Commission
(D) President in consultation with the Election Commission

16. Freedom of speech for members of Parliament has been specificall y provided for under which Article of the Constitution of India?

(A) Art 105 (B) Art l9
(C) Art l9 (7) (D) Art 104

17. Under the Constitution of India. The President -

(A) is eligible for re-election
(B) is not eligible for re-election
(C) there is no such provision
(D) none of the above

18. A candidate for the office of the President of India must be proposed by -

(A) At least 50 electors
(B) At least 200 electors
(C) At least 100 electors
(D) At least 150 electors

19. The President of India is elected by -

(A) All the members of Parliament
(B) All elected members of Parliament
(C) All the elected members of Parliament and the elected members of Legislative Assemblies of the States
(D) All members of Rajya Sabha

20. The Vice-President can be removed from his office before expiry of his term by the -

(A) President
(B) Members of the Council of States and agreed by the House of the People
(C) Member of the Rajya Sabha
(D) The Supreme Court

21. What is the meaning of ‘lex loci’?

(A) the law of the land
(B) Sovereignty is essential for enacting laws
(C) Law of land is supreme
(D) Crown has supreme authority

22. Lord Cornwallis introduced the ‘Cornwallis Code’ in 1973. What is the true effect of this code?

(A) The Collector was to collect the Revenue
(B) The magisterial powers for the collection of revenue were taken away
(C) The court fees was abolished
(D) All the above

23. The system of ‘double government’ was declared by the

(A) Charter Act of 1813
(B) Charter Act of 1833
(C) Act of 1858
(D) Act of 1909

24. The Indian Constitution has borrowed the idea of the Preamble to the Constitution from the-

(A) Italian Constitution
(B) Canadian Constitution
(C) French Constitution
(D) Constitution of the USA

25. Which one of the following aimed at providing a federal structure for India?

(A) Indian Council Act, 1909
(B) Montague-Chelmsford Reforms Act. 1919
(C) Charter Act, 1831
(D) Government of India Act, 1935

26. ‘Lex iniusta non est lex has which of the following meanings?

(A) The law is not valid unless it is formally enacted
(B) Law has lexical priority over morality
(C) An unjust law is not a law
(D) No-one is above the law

27. Cicero’s conception of natural law is based on the idea that ‘true law is right reason in agreement with Nature.’ Reason is a key element because:

(A) It is a sin for humans not to apply reason
(B) The principles of natural law are discoverable by reason
(C) Natural law does not apply without good reason
(D) The law of nature is the basis of all positive law

28. According to Hobbes, peace is the first law of nature because of which of the following situation?

(A) Without peace everyone has a right to everything including another’s life
(B) Peace is possible only after war
(C) Law cannot achieve peace
(D) Social contract cannot be entered into unless there is peace

29. Which statement is close to characterizing the principal difference between the positions adopted by Hobbes and Locke?

(A) They adopt different attitudes towards the role of the courts in maintaining order
(B) They disagree about the role of law in society
(C) They have opposing views about the nature of contractual obligations
(D) They differ in respect of their account of life before the social contract

30. Hume’s attack on natural law is founded on his argument that:

(A) We cannot objectively know what is morally right or wrong
(B) Natural law is backward looking
(C) There is no such thing as a social contract
(D) Natural law fails to protect the state against attacks

31. Which of the factors below contributed significantly to the revival of natural law in 20th century?

(A) The Depression of the 1930s
(B) The rise of Fascism
(C) The international recognition of Human Rights after World War II
(D) The Bolshevik revolution

32. On what grounds does John Finnis reject Hume’s conception of practical reason?

(A) That natural law corresponds to positive law
(B) That Hume is a legal positivist
(C) That syllogistic logic is false
(D) That human reason can help us to determine what constitutes a worthwhile life

33. Which of the following most accurately describes Hart’s response to Fuller’s argument concerning the invalidity of Nazi law?

(A) The Nazi law in question was validly enacted
(B) The court misunderstood the legislation
(C) Fuller misconstrued the purpose of the law
(D) The Nazi rule of recognition was unclear

34. Which of the following statements best captures the nature of Fuller’s ‘inner morality of law?

(A) A positivist view of law
(B) A morality of aspiration
(C) An Aquinian concept of natural law
(D) A rejection of the ‘harm principle’

35. Which proposition below may be characterized as the most powerful refutation of Lord Devlin’s argument by Hart?

(A) Societ y has no right to preserve its moral and social cohesion through the criminal law
(B)Homosexual acts cause public outrage
(C) The courts are the best place to resolve moral questions such as those concerning homosexuality and prostitution
(D) The law is anachronistic

36. The United States Supreme Court’s decision in Roe v. Wade is highly controversial because:

(A) It failed to consider the rights of fathers
(B) It overlooked the common law relating to abortion
(C) The majority held that the abortion law of Texas was unconstitutional because it violated a woman’s right to privacy,
(D) The courts failed to consider the medical evidence

37. Which statement best describes the relationship between law and morality among non-positivist legal theorists?

(A) There is no relationship between law and morality
(B) Law is always in advance of moral ideas
(C) The law is inextricably bound up with morals
(D) Morality is generally in advance of the law

38. Which statement below is the least consistent with the argument that judges in an unjust legal system ought to resign?

(A) Judges are under a duty to act justly
(B) Since they also prop up the unjust system, lawyers should also resign
(C) If a moral judge resigns; he or she may be replaced by a less moral judge
(D) Judges do not make the law hence they cannot be held responsible for applying unjust legislation

39. As per Hohfeld’s scheme of ‘jural relations’ which of the following are not Jural Correlatives -

(A) Right and duty
(B) Privilege and no-right
(C) Power and liability,
(D) Immunity and disability

40. The Will Theory of Rights maintains that the enforcement of Y’s duty requires the exercise of will by X. It assumes the correlativity of rights and duties. Which of the following succeeds in formulating the interest theory without this correlativity?

(A) Regarding X’s interest as directly related to Y’s duty
(B) Accepting that conferring right means that the interest represented by that right ought to be recognized
(C) Treating an interest as the exercise of choice
(D) Asserting that X has a right whenever the protection of his interest is recognized as a reason for imposing duties – only when they are actually imposed

41. Which of the following is the strongest argument against ethical relativism’s hostility to human rights?

(A) Utilitarianism
(B) Communitarianism
(C) Cognitivism
(D) Positivism

42. Who defined jurisprudence as “the knowledge of things divine and human, the science of just and unjust”?

(A) Salmond
(B) Ulpian
(C) John Austin
(D) Holland

43. Which proposition below is the most inconsistent with Mill’s statement that any suppression of speech is an assumption of infallibility and that only by the unrestricted circulation of ideas can the truth be discovered?

(A) Freedom of speech is a social good
(B) Truth is an objectively ascertainable value
(C) Reason generally prevails
(D) Speech may be suppressed only when it is immoral

44. Which proposition below is the most powerful refutation of Bentham’s felicific calculus?

(A) Happiness is less important than economic prosperity
(B) It is impossible to calculate all the consequences of one’s acts
(C) Pain and pleasure are inevitable features of life
(D) Utilitarianism fails to take account of differences in social background

45. Posner’s economic anal ysis of law is roundly attacked by Dworkin who says that the theory ‘has not achieved the beginning of a beginning.’ What is the basis of this criticism?

(A) Posner’s approach fails to offer a means by which to calculate individual prosperity
(B) It neglects the importance of individual choice
(C) It regards wealth as a value, which it is not
(D) The theory is economically unsound

46. Consider the following statements:
I Truth is not a justification for seditious utterances.
II Truth which does not have some effect of promoting disaffection towards the government is a justification.
Which of the statements given above is/are correct?

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

47. A person can be arrested without warrant

(A) for securing attendance of accused at trial
(B) as a preventive or precautionary measure
(C) for obtaining the correct name and address
(D) all the above

48. Anything is said to have been done dishonestly if it has been done with intention to I cause wrongful loss to any person or wrongful gain to any person. II cause injury to any Person.
Which of the choices given above is/are correct?

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

49. Which one of the following statements is correct?

The general defenses provided under General Exceptions in the Indian Penal Code (IPC) can be pleaded

(A) for IPC offences only
(B) for IPC offences and offences under local law only
(C) for IPC offences and offences under special law only
(D) for IPC offences and offences under local or special law

50. Which of the following is/are the essential elements to be proved for prosecuting a public servant for criminal misappropriation?
I Custody
II Entrustment
Select the correct answer from the options given below:

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

51. Whether articles supplied to the ‘necessaries’ as required under Sec.68 of the Indian Contract Act, 1872 is-

(A) a question of law?
(B) a question of fact?
(C) mixed question of law?
(D) decided solely at the discretion of the guardian?

52. ‘Y’ enters into a bet with ‘Z’, ‘Y’ promises that he will pay Rs. 50.000/- to, ‘Z’ if Australia defeats India in a one day international being played at Delhi. ‘Z’ in turn promises to pay Rs. 50.000/- to ‘Y’ if India defeats Australia. India defeats Australia and ‘Z’ instead of paying the amount to ‘Y’ executes a promissory note in favour of ‘Y’, promising that he will pay money on or before a specified date. No witness attests the promissory note. The promissory note is not registered, ‘Z’ fails to pay within the stipulated time. On the basis of the above mentioned facts, which one of the following is the correct answer as per the Indian law?

(A) The promissory note has no validity in the eye of law because it is not attested
(B) The promissory note has no validity in the eye of law because it is not registered
(C)The promissory note has no validity in the eye of law because it is for debt due on wagering contract
(D) The promissory note has no validity in the eye of law because betting should involve only cash transactions

53. Which one of the following statements is correct with regard to a contract for sale of immovable property?

(A) Time is always the essence of the contract
(B) Time is never the essence of the contract
(C) Time would not he regarded as the essence of the contract unless it is shown that the parties intended so
(D) Since it is a sale of immovable property, even parties cannot intend to make time the essence of the contract

54. Choose the most appropriate answer to complete the statement- Doctrine of frustration comes into play

(A) when both the parties are frustrated
(B) when either of the parties is frustrated
(C) when the object has failed
(D) when there is commercial hardship

55. Consider the following statements:
I In case of a concluded contract and completed transfer, the Doctrine of frustration is not applicable when the rights and obligations of the parties arise under the Transfer of Property Act, 1882.
II If and when there is frustration of a contract, the contract automatically comes to an end. Which of the statements given above is/are correct?

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

56. Choose the most appropriate answer to complete the statement- When consent to an agreement is caused by fraud, then in accordance with the Indian Contract Act, 1872

(A) the agreement is void ab initio
(B) the agreement is a contract voidable from inception
(C) the agreement is a contract voidable by subsequent events
(D) the agreement is a contract and is valid

57. Where the tender of ‘performance is rejected by the other party I the promisor has to still perform the contract but can claim damages.
II the promisor is excused from further performance and is entitled to sue the promisee for breach of contract.
Which of the choices given above is/are correct?

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

58. As per Lord Mansfield quasi contractual obligations are based on which of the following theories as explained by him in Moses v. Macferlan

(A) implied term
(B) just and reasonable solution
(C) implied-in-fact contract
(D) unjust enrichment

59. Assertion (A): If X does work for Y without his request or knowledge, he can sue for the value of his work.
Reason (R): Acquiescence can be presumed from silence
You are to examine the two statements above carefully and select the correct answer.

(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

60. Choose the most appropriate answer to complete the statement-
An agreement to which the consent of the promisee is freely given, is not void merely because the

(A) consideration is not there
(B) consideration is not adequate
(C) consideration is past
(D) consideration is not spelt out clearly

61. Consider the following statements:
I Two manifestations of willingness to make the same bargain do not constitute a contract. II Contractual obligations arise if services are rendered which in fact. Fulfill the terms of an offer but are performed in ignorance that the offer exists. Which of the statements given above is/are correct?

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

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

List I List II
W. Lalman Shukla v. Gauri Dutt i. Privity of contract
X. McPherson v. Appana ii. General offer
Y. Banwari lal v. Sukhdarshan Dayal iii. Invitation to treat
Z. M.C. Chacko v. Bank of Travancore iv. Intention to create legal relationship
Codes:

W X Y Z
(A) i iv iii ii
(B) ii iii iv i
(C) i iii iv ii
(D) ii iv iii i
63. Consider the following statements:
In Bhagwandas Goverdhandas Kedia v. Girdharilal Parshottamdas and Co., it was laid down that-
I. Section 4 of the Indian Contract Act, 1872 does not imply that the contract is made qua the proposer at one place and qua the acceptor at another place.
II. the communication of acceptance should be from a person who has the authority to accept. Information received from an unauthorized person is ineffective.
Which of the statements given above is/are correct?

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

64. Promissory estoppel is

(A) a variant of deception
(B) not a form of contract
(C) an equitable doctrine
(D) a type of offer

65. Consider the following statements:
I Misrepresentation is also a subtle species of fraud,
II Section 56 of the Indian Contract Act, 1872 does not leave the matter to be determined according to the intention of the parties.
Which of the statements given above is/are correct?

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

66. X, a public servant is authorized by warrant from court of justice to apprehend Z. W knowing that fact and also that Y is not Z. willfully represents to X that Y is Z and thereby intentionally causes X to apprehend Y. As per the Indian Penal Code, 1860 how does W abet the apprehension of Y?

(A) By instigation
(B) By conspiracy
(C) By aiding
(D) By supporting

67. Consider the following statements: To constitute abetment it is
I. necessary that the act abetted must be committed.
II. not necessary that the act abetted must be committed.
III. necessary that the person abetted must have the same intention or knowledge as that of the abettor.
Which of the statement given above represent(s) the correct position of law?

(A) II only
(B) II and III
(C) I only
(D) III onl y

68. P instigates Q to cause the death of R, P gives a gun to Q to shoot R, Q shoots at R in the presence of P causing R’s death.
Which one of the following statement is correct as per the provisions of the IPC?

(A) Both P and Q are liable for criminal conspiracy
(B) Both P and Q are liable for the murder of R
(C) Only Q is liable for murder, P is only an abettor
(D) Only P is liable for criminal conspiracy, Q is not liable for any offence

69. What is the basic difference between an offence of abetment by conspiracy and the offence of criminal conspiracy?

(A) In case of criminal conspiracy, mere agreement is enough whereas in case of abetment by conspiracy an act should have taken place in pursuance of conspiracy
(B) There is no difference at all
(C) In case of criminal conspiracy, an act should also have taken place, but in case of abetment by conspiracy, no act needs to have taken place
(D) In case of abetment by conspiracy, there need not be an agreement whereas in case of criminal conspiracy, agreement is essential

70. ‘X’ & ‘Y’ go to murder ‘Z’. ‘X’ stood on guard with a spear in hand but did not hit ‘Z’ at all. ‘Y’ killed ‘Z’. As per the IPC-

(A) only ‘Y’ is liable for murder of ‘Z’
(B) ‘X’ and ‘Y’ are both liable for murder of ‘Z’
(C) ‘X’ is not liable as he did not perform any overt act
(D) both (A) and (C).

71. Five persons attempted to take away the wife of one of them from her brother’s home. In scuffle with his brother-in-law, the husband shot him dead.
Which one of the following is correct, as per the provisions of IPC?

(A) All are liable for murder because they had common intention to commit murder
(B) All are not liable for murder because they had no common intention
(C) All are liable for murder because they had common object
(D) All are not liable for murder as they had no common object

72. What is the basic difference between Section 34 and Section 149 of IPC?

(A) Section 34 creates a principle of joint liability and does not create a specific offence. Section 149 creates a specific offence
(B)Section 149 does not create a specific offence but Section 34 creates a specific offence
(C) Both create specific offences but the principle of joint liability is created only by Section 34
(D) Both create specific offences but the principle of joint liability is created only by Section 149

73. As per the IPC, illegal signifies

(A) everything which is an offence
(B) everything which is prohibited by law
(C) everything which furnishes ground for civil action
(D) all the above

74. As per the IPC, in case of an offence punishable with fine only, imprisonment for non-payment of fine

(A) has to be rigorous
(B) has to be simple
(C) can be rigorous or simple
(D) can be partly rigorous or partly simple

75. Section 73 of IPC provides for the maximum limit of solitary confinement to be

(A) one year
(B) two years
(C) three months
(D) six months

76. General exceptions are contained in

(A) chapter III of IPC
(B) chapter IV of IPC
(C) chapter V of IPC
(D) chapter VI of IPC

77. The maxim ‘ignorantia juris non excusat’ means

(A) ignorance of law is no excuse
(B) ignorance of fact is no excuse
(C) ignorance of law is an excuse
(D) ignorance of fact is an excuse

78. The maxim ‘actus non facit reum nisi mens sit rea’ means

(A) crime has to be coupled with guilty mind
(B) there can be no crime without a guilty mind
(C) crime is the result of guilty mind
(D) criminal mind leads to crime

79. Irresistible impulse is a defense

(A) in India
(B) in England
(C) in lndia and England both
(D) neither in India nor in England

80. A hangman who hangs the prisoners pursuant to the order of the court is exempt from criminal liability by virtue of

(A) section 77 of IPC
(B) section 78 of IPC
(C) section 79 of IPC
(D) section 76 of IPC

81. Tort is basically a species of

(A) criminal injury or wrong
(B) substantial injury or wrong
(C) civil injury or civil wrong
(D) none of the above

82. The definition of tort is contained in

(A) The General Clauses Act, 1897
(B) The Limitation Act, 1963
(C) The Indian Courts Act, 1872
(D) The Indian Penal Code, l860

83. Tort is redressible by an action

(A) for restoration of original position
(B) for unliquidated damages
(C) for liquidatd damages
(D) all the above

84. The principle of privity of contract was held as not applicable in an action for tort in

(A) Winterbottom v. Wright, (1842)10 M&W 109
(B) Donoghue v. Stevenson, (l932) AC 562
(C) Grant v. Australian Knitting Mills Ltd. (1936) AC 85
(D) Ashby v. White, (1703) 2 Ld Raym 938

85. The principle of ‘ubi jus ibi remedium’ was recognized in

(A) Winterbottom v. Wright
(B) Champman v. Pickersgill
(C) Ashby v. White
(D) Rylands v.Fletcher

86. The maxim injuria sine damno means

(A) violation of a legal right without any damage
(B) violation of a legal right with damage
(C) damage without violation of legal right
(D) no damage & no violation of legal right

87. Under the Law of torts, malice means

(A) a willful act done without just cause or excuse, known as malice in law
(B) a willful act done with evil motive, known as malice in fact
(C) both (A) & (B)
(D) neither (A) nor (B)

88. In tort, mistake

(A) of law is a defense
(B) of fact is a defense
(C) is no defense
(D) of law & of fact both are defense

89. An act done as Act of State has to be justified on the ground of

(A) positive law of the land
(B) political expediency both
(C) positive law & political expediency both
(D) none of the above

90. Public nuisance is

(A) an offence
(B) is a civil wrong
(C) both (A) & (B)
(D) either (A) or (B)

91. Goods displayed in a shop with a price tag is an

(A) an offer
(B) an invitation to offer
(C) a counter offer
(D) a promise

92. A promisor can perform

(A) the promise himself’
(B) the promise through his representative competent to perform
(C) the promise through his representative irrespective of the competency of that representative
(D) both (A) & (B)

93. As per the Indian Contract Act, 1872 if the time of performance of the contract is the essence of the contract and the promisor fails to perform the contract by the specified time then

(A) the contract becomes void
(B) the contract remains valid
(C) the contract becomes voidable at the option of the promise
(D) the contract becomes unenforceable

94. The reasonable time for performance of a contract -

(A) is a question of fact
(B) is a question of law
(C) is a mixed question of fact & law
(D) is a question of prudence

95. An acceptance on telephone should be

(A) audible to the offeror
(B) heard by the offerer
(C) understood by the offerer
(D) all the above

96. A contract is not frustrated

(A) by commercial impossibility
(B) by imposition of government restrictions or orders
(C) by destruction of subject matter contract
(D) all the above

97. The Constituent Assembly which framed the Constitution of independent India was set up under-

(A) Cripps Mission Plan
(B) Cabinet Mission Plan
(C) Wavell Plan
(D) None of above

98. The doctrine of impossibility of performance rendering contracts void is based on

(A) implied term
(B) just & reasonable solution
(C) supervening impossibility
(D) unjust enrichment

99. Surety is a person

(A) in respect of whose default the guarantee is given
(B) who gives the guarantee
(C) to whom the guarantee is given
(D) none of the above

100. A Contract cannot be said to be void on ground of

(A) over consideration
(B) inadequacy of consideration
(C) over consideration or inadequacy of consideration
(D) neither (A) nor (B)

PART-B

Note:- This part contains ten short-answer questions which must be answered within the space provided here, with Ball point pen only.

No extra sheet or blank paper would be supplied to any candidate for writing the short answers. Critically comment upon the following using the space given there under. Do not exceed the space limit or overwrite

l. The Constitution is a compromise document.

2. Application of Common law in India.

3. The concept of property and IPR

4. Territorial Sea

5. The concept of ‘Domicile’

6. Role of Government in legal education.

7. Judicial Independence.

8. Dowry deaths.

9. Sovereign Immunity.

10. Protection against double jeopardy in India.
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  #5  
Old 23rd March 2015, 08:07 AM
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Default Re: Common Law Admission Test LLM entrance exam previous year question papers

Will you give me sample paper of the Common Law Admission Test (CLAT ) for admission in LLM course ?
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  #6  
Old 23rd March 2015, 08:51 AM
Super Moderator
 
Join Date: Mar 2013
Default Re: Common Law Admission Test LLM entrance exam previous year question papers

As you want I am here providing you sample paper of the Common Law Admission Test (CLAT ) for admission in LLM course.

Sample paper :

1) A vote.............. of proposed at the end of the meeting.
(A) thanks were
(B) thank was
(C) thanks had been
(D) thanks was
2) During
the recession many companies will........... lay off workers.
(A) be for ced to
(B) have the force to
(C) forcef ully
(D) be for ced into
3) She has good............. over the famous foreign languages.
(A) exper tise
(B) command
(C) contr ol
(D) authority
4) The Ch
airman pointed out in favour of the manager that the profitability of the indust
rial plant had ........
since he took over the administration.
(A) arisen

(B) declined
(C) added

(D) increAsed


5) When
the examinations were over............ went to Paris.
(A) me an
d Rohan
(B) land
Rohan
(C) Roha
n and me
(D) Rohan and I
6) Let's go forawalk...............?
(A) can we
(B) shall we
(C) cant‟ we I

(D) shouldn't we

Here is the attachment.

CLAT sample paper for admission in LLM course





Attached Files
File Type: pdf CLAT sample paper for admission in LLM course.pdf (150.2 KB, 101 views)
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