MPSC Assistant Professor, Law, Government Colleges / Institutions, Maharashtra Education Services, Group-A Question Paper 2017

MPSC Assistant Professor, Law, Government Colleges / Institutions, Maharashtra Education Services, Group-A Question Paper 2017

1. In the year 1928, by which agreement did the States agree to renounce war as an instrument of national policy for the settlement of international disputes?

(1) Pact of Germany

(2) Pact of Paris

(3) Declaration of London

(4) Hague Agreement

2. The European Convention on Human Rights (ECHR) came into force on

(1) November 4, 1950

(2) September 4, 1953

(3) September 3, 1953

(4) November 3, 1950

3. In Savarkar’s case, it was made clear that the international law does not impose-any obligation to return the criminal after getting them successful extradited. This decision was given by which court?

(1) The International Court of Justice

(2) The Permanent Court of Arbitration

(3) The Permanent Court of International Justice

(4) The International Criminal Court

4. The basis of International law is

(1) Naturalist theory

(2) Positivist theory

(3) Eclectic theory

(4) All the three above

5. Who amongst the following said, “International law is the body of legal rules that apply between sovereign States and such other entities as have been granted international personality”?

(1) Fenwick

(2) Oppenheim

(3) Schwarzenberger

(4) Verdross

6. The Civil and Political rights are

(1) Right to own property

(2) Right to education

(3) Right to marry and to found a family

(4) Right to rest and leisure?

Which of the above are correct?

(1) Only a, b and c

(2) Only b. c and d

(3) Only a and c

(4) Only b and d

7. Read the statements in respect of De-jure recognition of a State.

(1) It is granted when the recognized State possesses all the essential requirements of statehood.

(2) It is granted when it is capable of being a member of the international community

(3) It is final and irrevocable.

(4) Establishment of diplomatic relations.

Which of the above statements is/are correct?

(1) Only a

(2) Only a and c

(3) Only a, b and d

(4) All of the above

8. The following is the purpose of the United Nations:

(1) To maintain international peace and security.

(2) To development friendly relations among nations

(3) To achieve international cooperation and forum for harmonization

(4) All the three above

9. ______and ______ communities have their personal laws of divine origin.

(a) Hindu

(b) Muslim

(3) Jew

(4) Parsi

(1) C

(2) C and d

(3) a

(4) a and d

10. Which of the following women have no right to claim maintenance after divorce under Section 125 of the Criminal Procedure Code?

(a) Hindu

(b) Christian

(c) Parsi

(d) Muslim

(1) Only a

(2) Only d

(3) Only b and c

(4) All can Claim

11.As per Section 32 of the Divorce Act, 1869, when either of the Husband or wife has, without reasonable from the society of the other, the aggrieved party may apply, by petition for

(1) Desertation certificate

(2) Restitution of conjugal rights

(3) Divorce

(4) Declaring the marriage null

12. Under the Hindu Marriage Act, 1955, grounds for divorce are provided under Section 13, Which one of the following is not a ground for divorce?

(1) One of the spouses after marriage had voluntary sexual intercourse with any person other than his her spouse

(2) One of the spouses has renounced the world by entering any religious order

(3) One of the spouses has not been heard of as being alive for a period of seven years or more

(4) A spouse has left the company of the other by intimating the other that he/she is leaving

13. Section 11 of the Family Courts Act, 1984, directs for proceedings to be

(1) Adjourned

(2) Held ion camera

(3) Held ex-party

(4) Dismissed

14. Read the following statements:

(1) Registration of a partnership firm is compulsory under the Partnership Act, 1932.

(2) In the contract of bailment ownership of the goods is with the bailee and possession is with the bailor.

Select the correct response.

(1) A is correct, b is incorrect

(2) A is incorrect, b is correct

(3) Both a and b are correct

(4) Both a and b are incorrect

15. The agent who undertakes to perform the promise of the third party for extra remuneration is known as a

(1) Sub-agent

(2) Del Credere agent

(3) Co-agent

(4) Substituted agent

16. The doctrine of _______ comes into play when a person has done an act on behalf of another without his knowledge or consent.

(1) Subrogation

(2) Estoppel

(3) Ratification

(4) Delegation

17. The type collateral undertaking to be liable for the default of another is called

(1) Contract of indemnity

(2) Contingent contract

(3) Contract of guarantee

(4) Conditional contract

18. Where no provision is made by contract between the partners for the duration of their partnership or for the determination of their partnership, the partnership is

(1) Particular partnership

(2) Limited partnership

(3) Partnership at will

(4) Invalid partnership

19. Which of the following is not essential of partnership?

(1) An agreement between some persons

(2) To carry on the business by sharing the profits

(3) The business carried on by all or any of them acting for all

(4) The liability is to be borne by the one who actively runs the partnership

20. Pecuniary jurisdiction of for a was enhanced (District Forum up to Rs.______ and State Commission up to Rs. ______) by the Consumer Protection (Amendment) Act, 2003.

(1) 2 lakhs, 10 lakhs

(2) 5 lakhs, 15 lakhs

(3) 5 lakhs, 20 lakhs

(4) 10 lakhs, 25 lakhs

21. Under the provisions of the Consumer Protection Act, 1986, the word “Person” does not include a/an

(a) Unregistered firm

(b) Registered firm

(c) Hindu undivided family

(d) Co-operative society

(1) Only a and c

(2) Only a

(3) Only d

(4) All the above are included

22. The defendant wrongfully, maliciously and fraudulently refused to register a duly tendered vote of the plaintiff. The defendant was held liable although the plaintiff has suffered no actual damages because the candidate for whom he tendered vote was elected. The name of this case is

(1) Ashby vs White

(2) Ryland vs Fletcher

(3) Wilkinson vs Downton

(4) Duck vs Mayen

23. According to____, “Tortous Liability”, i.e., liability in torts arises from the branch of duty primarily fixed by law. Such duty is towards persons generally and its breach is redressible by an action for unliquidated damages.

(1) Salmond

(2) Frederick Pollock

(3) Dr. Winfield

(4) Clerk and Lindsell

24. The importance of criminal law in relation to crime hardly needs to be emphasized. In order to be effective, criminal Law must have four important characteristics, namely

(1) Politicality, Specificity, Uniformity and Penal Sanctions

(2) Authenticity, Applicability, Sociality and Penalty

(3) Proximity, Reference, Preparation and Execution

(4) Mens rea, Actus reus, Offence and Crime

25. The term “Crime” can be elaborated/explained as

(1) An act which is in violation of the criminal code

(2) An act prohibited by law as injurious to public

(3) A act deemed by law to be harmful to society

(4) A moral wrong but not so always

26. The ______ theory of punishment rationalizes the need for punishment

(1) Expiatory

(2) Deterrent

(3) Reformative

(4) Just deserts

27. Under the Factories Act, 1948, provisions are made regarding

(a) Regulation of artificial humidification

(b) Prevention of overcrowding in rooms

(c) Provisions of spittoons

(d) Provision for agricultural production

Choose the correct option

(1) a and c are correct

(2) a and d are correct

(3) Only d is correct

(4) a, b and are correct

28. As per Section 101 of the Factories Act, 1948, what are the conditions that exempt the occupier or manager from liability in certain cases which are punishable under this Act?

(1) He has used due diligence to enforce the execution of this Act.

(2) The offence in question was committed without his knowledge, consent or connivance.

(3) Both (1) and (2)

(4) None of the above

29. ‘Publuc Utility Service’ includes which of the following?

(1) Goods by air

(2) Any service in or in connection with the working of docks

(3) Any postal telegraph or telephone service

(4) Any industry which supplies power

Select the correct response

(1) Only c

(2) Only b, c and d

(3) Only c and d

(4) All of the above

30. The workmen go on an illegal strike and hence the employer declares a lockout. An award of wages is passed.

(1) The award of half wages is proper.

(2) The award of half wages is improper as the strike was illegal, so the workmen were not entitled for wages

(3) The award was improper as the workmen were entitled for full wages.

(4) It is the right of the workmen to go on strike.

31. Which of the following statements is/are not correct?

(a) According to the Factories Act, 1948, ‘Child’ means a person who has not completed fifteen years of age.

(b) According to the Minimum Wages Act, 1948, ‘Child’ means a person who has not completed fourteen years of age

(1) Only a

(2) Only b

(3) Both a and b

(4) None of the above

32. If an employee receives compensation under the Employees State Insurance Act, 1948, can he claim damages under other laws or law of torts?

(1) No, he cannot claim

(2) Yes, he can claim

(3) He can claim only under law of tortes and not under other laws

(4) Both (2) and (3)

33. Control over delegated legislations includes

(a) Legislative or Parliamentary control

(b) Judicial control

(c) Procedural control

(d) Governmental control

Which of the above are the correct6 options?

(1) Only a, b and c

(2) a, b, c and d

(3)  Only a, b and d

(4) Only b, c and d

34. Who was the originator of the principle of ‘Rule of Law’?

(1) Sir Edward Coke

(2) Montesquieu

(3) James I

(4) Madison

35.In the following case, the principle of Natural Justice may be excluded:

(1) Where the doctrine of necessity applies

(2) Where preventive action is to be taken

(3) Where prompt and urgent action is necessary

(4) All of the above

36. The Principles of Natural Justice are not binding on

(1) All the courts

(2) Judicial bodies

(3) Quasi-judicial authorities

(4) None of the above

37. As per Section________ of the Environment (Protection) Act, 1986, the Central Government may make rules in respect to the standard of quality of air, water or soil for various areas and purposes.

(1) 6(2) (a)

(2) 7(3)

(3) 8

(4) 9(1) (b)

38. The presence of which layer in the stratosphere forms a protective umbrella around the earth?

(1) Hydrogen layer

(2) Nitrogen layer

(3) Carbon layer

(4) Ozone layer

39. “An effort to anticipate, measure and weight the socio-economic and ecosystem changes that may result from the proposed project” means

(1) Ecomark

(2) Environmental Impact Assessment

(3) Environmental Audit

(4) Disaster Emergency Preparedness

40. Which of the following is/are not source(s) of water pollution?

(a) Domestic wastewater

(b) Industrial effluents

(c) Agricultural Chemicals

(d) Deforestation

(1) Only a and d

(2) Only b and c

(3) Only c

(4) Only d

41. Provisions regarding the National Green Tribunal were added in the year

(1) 2005

(2) 2008

(3) 2010

(4) 2015

42. Which are not the characteristics of Copyright?

(a) Negative right

(b) Monopoly right

(c) Multiple right

(d) Statutory right

Select the correct response

(1) Only a, b and d

(2) Only b, c and d

(3) None of the above

(4) All of the above

43.Which of the following is not a right available in Cinematographic films?

(a) Making a copy of the film

(b) Translating the film

(c) Communicating the film to the public

(d) Taking a photograph of any image forming part of the film

(1) Options a, b and c and correct

(2) Only option a is correct

(3) Only option b is correct

(4) All options are correct

44. The Maharashtra Rent Control Act, 1999 exempts which of the following?

(a) Premises belonging to the local authority

(b) Premises let to the local authority

(c) Premises taken on lease by the Government

(d) Premises sub-let to banks

(1) Only c and d

(2) Only a and d

(3) Only a, c and d

(4) Only b, c and d

45. The doctrine of res-judicata is based on which two Roman maxims?

(a) Nemo debet bis vexari pro una et eadem causa

(b) Nemo debet aliena Jactura locupletari

(c) Interest republicae ut sit finis litium

(d) Interest in expectancy, in the estate litigation

(1) a and b

(2) a and c

(3) a and d

(4) b and c

46. An admission may be proved by or on behalf of the person making it

(a) When it consists of a statement of the existence of any state of mind or body.

(b) If it is relevant otherwise than as an admission

(c)  When it is of such a nature that if the person making it was dead as per Section 32.

Which of the statements given above is/are correct?

(1) Only a

(2) Only a and b

(3) Only a and c

(4) All of the above

47. The reason for admissibility of admission includes which of the following?

(a) Admission as a waiver of proof

(b) Admission as statement against interest

(c) Admission as evidence of contradictory statements

(d) Admission as evidence of truth

(1) Only a, b and c

(2) Only b and c

(3) All the above

(4) Only a and b

48. As per Section 6 of the Right to Information Act, 2005, a person who desires to obtain any information under this Act shall make a request

(a) Orally

(b) In writing

(c) Through electronic means

(d) In Hindi or in English or in the official language of the area

Choose the correct option.

(1) Only a and b

(2) Only b and c

(3) Only b, c and d

(4) All of the above

49. There is no obligation on any authority to disclose any information which would prejudicially affect the sovereignty and integrity of India\, as per Section______ of the Right to Information Act, 2005

(1) 8(1) (d)

(2) 8(1) (b)

(3) 8(1) (c)

(4) 8(1) (a)

50. Which of the following are the procedures and techniques of ADRs?

(a) Negotiations or Assisted Negotiations

(b) Mediation

(c) Conciliation

(d) Partnering

(1) Only option a is correct

(2) Only options a and b are correct

(3) Only options a, b and d are correct

(4) All the options are correct