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

It referred to the rights which one could have over someone else's property.

Hart talks in terms of conduct supplemented by an attitude of mind to the effect that the conduct in question is obligatory because it is required by rule.

When a question of party's possession and control of personal property or its use is in issue, proof of his ownership at the time in question implies that it was in his possession or that he had the right of possession and control.

Corporeal ownership implies ownership of a thing (material object). Incorporeal ownership implies ownership of a right. Thus, ownership of goodwill of a business is an incorporeal ownership.

A perfect duty is one which a man not merely ought to perform, but it justly compelled to perform. Paying one’s debts is a perfect duty. Conversely, it is a perfect right conferred to the creditor.
According to Salmond, 'A perfect duty is one which is not merely recognised by law but also enforced by law. A duty is enforceable when an action or other legal proceeding, civil or criminal, will lie for the breach of it and when judgement will be executed against the defendant, if need be, through the physical force of the State.'

Kelson said that there is no difference between the legal personality of a company and that of an individual. Personality in the legal sense is only a technical personification of a complex of norms and assigning complexes of rights and duties. 

Justice K. Subba Rao remarked in ‘Golaknath Vs. State of Punjab’ that ‘Preamble to the Constitution contains in a nutshell its ideals and aspirations’.

The right of eligible employees to be considered for promotion is virtually a part of their fundamental right guaranteed under Article 16 (Equality of opportunity in matter of public employment) of the Constitution, a bench comprising Justices R. V. Raveendran and A. K. Ganguly held in a recent judgement, Union of India Vs. Hemraj Singh Chauhan.

In Rural Litigation and Entitlement Kendra Vs. State of Uttar Pradesh and Shri Sachidanand Pandey Vs. State of West Bengal, fundamental duties are judicially invoked. 

The superior courts have a duty to protect the reputation of judicial officers of subordinate courts, taking note of the growing tendency of maligning the reputation of judicial officers by unscrupulous practising advocates who either fail to secure desired orders or do not succeed in browbeating for achieving ulterior purpose.

The SC laid down certain guidelines so as to prevent the misuse of Article 356 of the Constitution.

1. The majority enjoyed by the Council of Ministers shall be tested on the floor of the House.
2. The centre should give a warning to the state and a time period of one week to reply.
3. The court cannot question the advice tendered by the CoMs to the President but it can question the material behind the satisfaction of the President, etc.

Hegel, Anzilloti Holland and Oppenheim are the chief exponents of the constitutive theory of ‘Recognition'.

The Constitution (Ninety-first amendment) Act, 2003 restricts the size of Council of Ministers to 15% of the total number of members in the Parliament or the State Legislature.

Exogamy is a social arrangement where marriage is allowed only outside of a social group. Rules relating to spinda relationship are based on the principle of exogamy.

A ‘Muta’ marriage is a temporary form of marriage for a fixed period under Shia law.

i – d, ii – a, iii – b, iv – c

A peremptory norm (also called Jus Cogens, Latin for "compelling law") is a fundamental principle of international law which is accepted by the international community of states as a norm from which no derogation is ever permitted. States can deviate from customary international law by enacting treaties and conflicting laws, but Jus Cogens are non-derogable. 

Divorce by Zihar is a species of inchoate divorce. In this form, the husband expresses his dissatisfaction with his wife by comparing her with the back of his mother or sister or any other woman within the degrees of prohibited relationship.

When two Hindus are descendants of a common ancestress but by different husbands, they are said to be related to each other by uterine blood.

A decree of judicial separation does not dissolve the matrimonial bond but merely suspends marital rights and obligations during the subsistence of the decree.
Even after a decree of judicial separation, the parties still continue to be husband and wife but not obliged to live together.
A decree of judicial separation provides that if the parties have not resumed cohabitation for a period of one year, either party may seek divorce.

Salmond is the propounder of ‘pigeon hole’ theory.

a – 1, b – 3, c – 2, d – 4

In Jyotindra Bhattacharjee Vs. Mrs. Sona Balon Bora, it was held that the onus of proving unsoundness of mind of a person always rests upon a person who alleges such state of mind of another person.

Whether the acceptance is expressed or implied, the main point is that it must be absolute (final) and unqualified in order to be effective.

a – 4, b – 1, c – 3, d – 2

As provided under Section 166-A of Indian Penal Code, when a public servant knowingly disobeys any direction of the law which prohibits him from requiring the attendance at any place of any person for the purpose of investigation shall be liable to be punished.

A Government jeep being taken from the workshop to the collector’s bungalow for his use is not a sovereign function of the State.

The owner of the bus shall be vicariously liable for the accident committed by his driver during the course of employment.

If a journalist publishes an article in a leading newspaper that all lawyers were thieves, no particular lawyer could sue him unless there is something to point to the particular individual. It refers to defamation of class of persons.

The guest will succeed in recovering the damages. Manufacturer is duty bound to take care of the ultimate user.

i – c, ii – a, iii – d, iv – b

A man doing physical contact and advances involving unwelcome and explicit sexual overtures shall be liable to be punished under Section 354 (1)(i) of the Indian Penal Code.

A legal right given to the person giving official right is not to be subjected to any cruel and unusual treatment or a punishment. A legal right is enforceable, same as the fundamental rights under the Constitution of India.

The maxim ‘ream linguam non facit nisi mens rea’ was propounded by Augustine. It means that the intent and act must both concur to constitute the crime.

M. N. Joshi moved a resolution in the Central Legislative Assembly recommending that the Government should introduce a legislation for registration and protection of Trade Union in the year 1921.

According to Explanation 2 to Section 25 of the Indian Contract Act, an agreement to which the consent of the promisor is freely given is not void merely because the consideration is inadequate; but the inadequacy of the consideration may be taken into account by the Court in determining the question whether the consent of the promisor was freely given. 

III and IV are the cases in which a child could not be a ‘Hindu’ under the Hindu Marriage Act, 1955.

Right of passage over Indian Territory case, 1960
Temple of Preah Vihear, 1962
South-West Africa case, 1966
Frontier Dispute, 1986

Disobedience of law is not ordinarily a crime unless that act is declared as a crime by some law.

This recommendation was made by National Commission on Labour, 2002.

a – 3, b – 4, c – 1, d – 2

Where a law promulgated after the contract is made makes the performance of the agreement impossible, the agreement becomes void.

A workman who is a member of the Executive or other office bearer of a registered Trade Union connected with the establishment and recognised as protected workman under the rules applicable to the establishment is protected workman under the Industrial Disputes Act.

Section 21 says that a contract is not voidable if it was caused by mistake as to law in India. However, mistake as to law outside India has the same effect as mistake of fact.
Parties entering into a contract are not legally obliged to know the law relating to the contract.
 

i – b, ii – a, iii – d, iv – c

The Indian Penal Code prohibits fixing of liability on a person so long he is authorised or gives assent to it. But there is an exceptional situation arising out of libel, public nuisance and contempt of court.

Both the statements are correct. The conciliation officer has no power under the Industrial Disputes Act when neither industrial disputes exist nor are apprehended. Conciliation officer only investigates the industrial disputes which exist or are apprehended. 

1 – iv, 2 – ii, 3 – i, 4 – iii

The power of the Government to refer a dispute under the Industrial Disputes Act is discretionary.

Failure of the conciliation proceedings under the Industrial Disputes Act leads to referral of the matter to adjudication by the appropriate government.