Previous Paper - III UGC NET (LAW) (DEC 2014)

Quo warranto is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right or power they claim to hold.
A writ of prohibition is a writ directing a subordinate to stop doing something the law prohibits. 

A writ of habeas corpus is a court order to a person or agency holding someone in custody to deliver the imprisoned individual to the court issuing the order, this writ cannot be granted to enable the detainee to argue his case in person. No such view was held in R vs. Secretary of State for Home Department ex parte Wynne (1992).

Article 51 A (Fundamental Duties) of the Constitution of India is confined to all citizens of India.

A code of conduct is intended to be a central guide and reference for users in support of day-to-day decision making. Article 102 of the constitution does not provide so.

If the Government is defeated on the floor of Rajya Sabha, nothing would happen.

Both the statements are wrong. The power under 368 of the Constitution is a constituent powerand it does not subject to the constitutional scheme as to distribution of legislative power according to entries in the Seventh Schedule. Nothing as such was decided in Sasanka Sekhar Maity Vs. Union of India.

K. L. Tripathi Vs. State Bank of India is about the right of cross examination.

Administrative law deals with the powers of the administrative authorities.

Both the statements are wrong. One of the two acts enacted under List I Entry 66 and the other under List III Entry 25 cannot be repugnant to each other. Nothing as such was decided in the case of Annamalai University Vs. Secretary of Inf. and Tourism Department.

Cartwright Vs. Green and R. Vs. Hudson are the decided cases about possession.

While certiorari can be issued against judicial or quasi-judicial authorities, mandamus can be issued against administrative authorities also.

In Bengal Immunity Company Ltd. Vs. State of Bihar, it was observed by the Supreme Court that precedent should not be petrified nor judicial dicta divorced from the socio-economic mores of the age. 

Allen divided the sources of Law into formal sources and material sources.

The principles laid down by the Supreme Court in A. K. Kraipak Vs. Union of India is the principle of natural justice that are applicable to administrative proceedings.

Austin defined ownership as a right indefinite in point of user, unrestricted in point of disposition, and unlimited in point of duration over a determinate thing.
 

Option 4 does not justify the award of death penalty.

According to Professor Goodhart, a ratio decidendi of a case is the conclusion reached by the judge on the basis of the material facts.

Participation in some manner in the act constituting the offence of common intention by all the persons to be prosecuted is necessary. In some manner, it implies that physical presence at the time of commission of crimes is not mandatory in all cases.

Option 4 does not constitute the degree of knowledge for holding a person to be criminally liable for adducing false evidence.

Nullum crimen sine lege is the moral principle in criminal law and international criminal law that a person cannot or should not face criminal punishment, except for an act that was criminalised by law before he/she performed the act.

i – c, ii – a, iii – b, iv – d

Section 120-A of the IPC defines ‘conspiracy’ to mean that when two or more persons agree to do or cause to be involved in an illegal act. The alleged agreement must provide circumstantial evidence about the participation by all to establish conspiracy.

Running electricity cannot be a subject matter of theft.

X has committed an offence of grievous hurt.

The main objective of the Air (Prevention and Control of Pollution) Act is to provide for the prevention, control and abatement of air pollution.

A company was unlawfully polluting streams and rivers by discharging trade effluents which raised pollution level beyond permissible limits.
The company will be held liable under Water Act, 1974. 

The definition of ‘environmental pollution’ under the Environment (Protection) Act is the presence in the environment of any environmental pollutant.

The National Environment Tribunal Act provides for compensation on the basis of no fault liability in the cases of death of any person, injury to any person and damage to any property.

In criminal breach of trust, there is a conversion of property held by a person in fiduciary capacity. A person does not have the right to convert a property held by him in fiduciary capacity.

When the right, interest, or title to the present or future possession of a legal estate can be transferred to any other party, it is termed as vested interest.
A contingent right is a right that depends on a future event or the performance of an action.

A quasi-judicial body may never review its own decision unless authorised by the statute.

Under Indian Plastic Bureau, the recycling of plastic is undertaken as per the Plastic Manufacture, Sales and Usage Rules, 1999.

For research in traditional and established Universities, a conditional permit for hunting any wild animal cannot be granted under the Wild Life (Protection) Act.

Charles G. Fenwick has given this definition of Public International Law.

The Estrada Doctrine was propounded by the Foreign Minister of Mexico.

I.     M. C. Mehta Vs. Kamal Nath, 1996
II.    M. I. Builders Pvt. Ltd. Vs. Radhey Shyam Sahu, 1999
III.   Hinch Lal Tiwari Vs. Kamala Devi, 2001
IV.  Intellectual Forum, Thirupathi Vs. State of Andhra Pradesh, 2006

This provision has been provided under which Article 2(7) of UN Charter.

a. Charter of United Nations - 26^th June, 1945
b. Universal Declaration of Human Rights - 10^th December, 1948
d. International Covenant on Economic, Social and Cultural Rights - 3^th January, 1976
c. International Covenant on Civil and Political Rights - 23^rd March, 1976
 

Section 9 of the Hindu Marriage Act, 1955 was held to be ‘intra-vires’ in the Constitution by the Supreme Court in the case of Saroj Rani Vs. Sudarshan.

Analytical jurisprudence propounds this doctrine.

A Muslim has given Triple Talaaq to his wife and now wants to marry her again. He (second husband) can do so only if such woman marry another man, the marriage is consummated and he has divorced her.

a – iii, b – iv, c – i, d – ii

All of these are essential conditions.

Legitimate expectation does not grant an absolute right to a claimant. The principle of legitimate expectation is closely connected with a 'right to be heard'. It protects the right of fair hearing before a decision, which results in negating a promise or withdrawing an undertaking, is taken.

An abuse of discretion is a failure to take into proper consideration the facts and law relating to a particular matter.
Abuse of discretion can be inferred from colourable exercise of power, non-observance of audi alteram partem and irrelevant considerations.
Colourable exercise means that under the “colour” or “guise” of power conferred for one purpose, the authority is seeking to achieve something else which it is not authorised to do under the law in question, then the action of the authority shall be invalid and illegal.

In giving a child in adoption by a Hindu father, the requirement of the consent of the mother can be dispensed with if she has been declared to be of unsound mind by the Court of Competent Jurisdiction or she has finally and completely renounced the world or she has ceased to be a Hindu. A child can be adopted if he/she has not completed the age of 15 years.

II.   A void marriage is never a valid marriage and there is no necessity of any decree annulling it.
III.  A voidable marriage is a valid subsisting marriage until a decree annulling it has been passed by a court of competent jurisdiction.

"A Hindu mother can be the natural guardian of her minor child during the life of the father of the child if he is not taking due care of the child.” This was held by the Supreme Court of India in the case of Githa Hariharan Vs. Reserve Bank of India.

Will Theory has not yet been statutorily recognised as a theory of divorce under the Hindu Marriage Act, 1955.

All the given statements are wrong.

a – ii, b – i, c – iv, d – iii

a – 4, b – 3, c – 2, d – 1

a – 4, b – 3, c – 1, d – 2

Sessions Court has the jurisdiction to act as Human Rights Court for speedy trial of offences violating Human Rights.

Article – I of the Charter of the United Nations provides the purpose of United Nations, i.e. to maintain international peace and security, and to that end; to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of peace.

a – 2, b – 4, c – 1, d – 3

Human rights are rights inherent to all human beings, whatever be their nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status. We are all equally entitled to our human rights without discrimination. These rights are all interrelated, interdependent and indivisible.

Both the statements are wrong. A refugee means a person who has been forced to leave their country in order to escape war, persecution, or a natural disaster. 

Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organisations and private individuals, and which ensure one's ability to participate in the civil and political life of the society and state without discrimination or repression. Right to nationality, right to marry and right to find a family are the rights that fall under Civil and Political rights.

Under sections 13 and 14 of the protection of Human Rights Act, 1993, the power of ‘enquiry and investigation’ was given to Human Rights Commission. 

Prescription and statutory authority are effective defences in the tort of nuisance.

Negligence is the failure to take care that a responsible person usually takes and lack of normal care or attention. In the tort of negligence, the law takes cognizance of carelessness only if it is supported by the legal duty to care.

In all these cases, an action of slander may be maintained, without proof of special damage.

In tort law, strict liability is the imposition of liability on a party without a finding of fault.
Independent contractor is not an exception to the strict liability principle laid down in Rylands Vs. Flecher.

The pecuniary jurisdiction of the State Commission under the Consumer Protection Act when the value of the subject matter exceeds rupees twenty lakhs, but does not exceed rupees one crore.

According to Section 12 of the Partnership Act, any difference arising as to ordinary matters connected with the business of partnership may be decided by a majority of partners.

Right to consumer education, right to seek redressal and access to a variety of goods and services at competitive prices are the rights available to a consumer under Consumer Protection Act, 1986.

All of the above are the essentials of a contract of sale of goods. 

The seller is entitled to get the contractual price in such case.

a – iii, b – ii, c – iv, d – i

If the contract is consistent with the public documents, the person contracting will not be prejudiced by irregularities that may set the indoor working of the company.

In order that a person can be called a holder in due course, he must show that he has obtained it before the maturity of the negotiable instrument and he has obtained the negotiable instrument in good faith.

i – c, ii – a, iii – d, iv – b

i – c, ii – a, iii – b, iv – d

i – d, ii – a, iii – c, iv – b