AILET 2017 LLM

Conducted on 07-May-2017

Total time 90 mins

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AILET 2017 LLM Question Paper
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AILET 2017 LLM

Duration: 90 mins Max Score: 100

Test Instructions
1. The total question in the test is 100
2. The total duration for the test is 90 minutes
3. The maximum marks for the test is 100
4. One mark will be awarded for every correct answer
5. There is no negative marking

Color coding for type s of Q ue stions

Code Type of Q ue stion

Single Option Correct Multiple Choice Question
One or More Options Correct Multiple Choice Question with Multiple Answers
Numerical Numerical

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Q. 1 Single Option Correct +1 0

In both Plato's and Aristotle's philosophy of law and justice

A. will rather than reason occupied the supreme place

B. justice rather than religion occupied the supreme place
C. reason rather than will occupied the supreme place
D. truth rather than unjustness occupied the supreme place

Q. 2 Single Option Correct +1 0

Rousseau, a great champion of individual freedoms and rights makes individual subject
only to the

A. Will of the majority

B. General will
C. Sovereign will
D. Community will

Q. 3 Single Option Correct +1 0

Which one of the following writers advocated retention of only such laws which promoted
four goals of subsistence, abundance, equality and security?

A. Jeremy Bentham
B. Locke
C. David Hume
D. August Comte

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Q. 4 Single Option Correct +1 0

Holland says, Jurisprudence is not a science of legal relations a priori as they might have
been or should have been, but is a posteriori that is to say from Law which has been

A. actually imposed or positive law

B. sought to be implemented
C. strongly recommended
D. yet to be applied

Q. 5 Single Option Correct +1 0

The typical nineteenth century Austinian positivistic approach envisaging Status quo,
laissez faire, sanctity of contract inherited both by Indian judges and lawyers have largely
contributed in the perpetuation of

A. Political and economic degeneration

B. Economic development and social unrest
C. Social and economic stagnation, exploitation and inequalities
D. Political, social and economic chaos

Q. 6 Single Option Correct +1 0

In the nineties and in the early part of the twenty first century, Holmesian thesis of law
which Julius Stone perceived as lawyer's extra-version has become an effective practice and
integral [art of Indian Judicial process leaving behind the old-fashioned dictum that

A. Judges not only make law but also interpret

B. Judges only interpret law and do not make it
C. Judges only pronounce judgment based on existing law
D. Judges only decide on the basis of whatever is presented before them

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Q. 7 Single Option Correct +1 0

__________________- said that 'The inn that shelters for the night is not the journey's end. The
law, the traveller, must be ready for morrow. It must have a principle of growth.'

A. Justice V. D. Tulzapurkar
B. Justice P. N. Bhagwati
C. Justice Krishna Iyer
D. Justice Cardozo

Q. 8 Single Option Correct +1 0

Which of the following pairs is not correctly matched?

A. sic utere tuo ut alienum non laedas: to use your own property as not to injure your
neighbour's right
B. re legitima portis: a person cannot dispose off his entire property
C. jus tertii: to set up title of a third person other than himself or the plaintiff
D. nec vi nec clam nec precario: possessor must show to the competitor

Q. 9 Single Option Correct +1 0

Hagerstorm rejected the notion of law as command and insisted on morals or as he puts it

A. common sense notion of justice as a necessary aspect of law

B. morality as necessary aspect of law
C. justice as necessary aspect of law
D. ethics as necessary aspect of law

Q. 10 Single Option Correct +1 0

The three defects in the Simple Social Structure of Primary rules as enunciated by Hart are

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A. Their inadequacy, immobility and efficiency

B. Their uncertainty, static nature and inefficiency
C. Their mobility, easiness and simplicity
D. Their abnormality, violability and unsoundness

Q. 11 Single Option Correct +1 0

The distinction between duty imposing rule and power conferring Rules of Hart is what Alf
Ross refers to an the distinction between

A. norms of conduct and norms of competence

B. rules of society and rules of law
C. norms of character and norms of civility
D. norms of conduct and norms of society

Q. 12 Single Option Correct +1 0

Professor Thibaut's proposals for a code on the pattern of Napoleonic Code for Germany
was instantaneously answered in 1814 by Savigny in his famous pamphlet

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A. Province and Function of Law

B. Volksgeist
C. Province of Law determined
D. On the Vocation of Our Age for Legislation and Jurisprudence

Q. 13 Single Option Correct +1 0

'I have a right to do as I please'. The term 'right' in this statement refers to

A. Claim
B. Liberty
C. Power
D. Immunity

Q. 14 Single Option Correct +1 0

According to Henry Maine, the progressive societies are those which proceed to develop
law with the help of three new instrumentalities viz.

A. Ancient books, judgments and legislations

B. Legal fiction, equity and legislation
C. Customs, court decisions and codes
D. Usages, customs and judge made law

Q. 15 Single Option Correct +1 0

According to Durkheim, Mechanical Solidarity is based on likeness and a sense of common

identity. People are bound together by the fact that they have been brought up to act and
think alike, follow similar routines and

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A. share a common thinking

B. share a common interest
C. share a common objective
D. share a common conscience

Q. 16 Single Option Correct +1 0

Mainly there are four classes of rights in re-aliena viz

A. Lease, Servitudes, Securities, Trust

B. Lease, Trust, Bond, Instrument
C. Bond, Hundi, Instrument, Lease
D. Lease, Security, Bond, Debenture

Q. 17 Single Option Correct +1 0

Who made an observation that the object of Concession Theory was to keep personality
under lock and key?

A. Maitland
B. Starke
C. Bodin
D. Kelson

Q. 18 Single Option Correct +1 0

Etymologically seisin is associated with possesio and besitz and in early English law it was
used to describe possession of both

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A. servant and things

B. property and legal rights
C. chattels and real property
D. house and chattels

Q. 19 Single Option Correct +1 0

Consider the following statements:

1. The main assumption of Realist theory is that corporate personality is a reality.
2. A corporation is a representation of psychological really that exists independently of the
fiat of the State and are recognised rather than created by it.
3. The Realist theory asserts that group personality has the same feature as a human
personality.
4. The Realist theory does not represent any reaction against the omnipotence of State
implied in the fiction.

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

Q. 20 Single Option Correct +1 0

The Supreme Court has directed the Law Commission of India to examine various issues
relating to the working of Tribunals including the desirability of providing statutory appeals
directly to Supreme Court from orders of Tribunals on issues not affecting national or
public interest and other aspects of statutory framework in respects of Tribunals in

A. Devika Biswas v. Union of India

B. M. S. Kazi v. MES
C. Swaraj Abhiyan v. Union of India
D. Gujarat Urja Vikas Nigam Ltd. v. Essar Power Ltd

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Q. 21 Single Option Correct +1 0

In _________________________, the Supreme Court directed to upload copies of FIR within

______________________ hours on police website

A. PUCL v. Union of India, 12 hours

B. Youth Bar Association v. Union of India, 24 hours
C. Common Causes v. Union of India, 48 hours
D. Shanti Bhushan v. Registrar, SC, 24 hours

Q. 22 Single Option Correct +1 0

Constitution Bench of the Supreme Court held that the cap of 14 years Rule on aggregate
punishment under Section ________________ of CrPC is not applicable to Sessions Court.

A. 30 (1)
B. 33 (2)
C. 32 (1)
D. 31 (2)

Q. 23 Single Option Correct +1 0

The 21st Law Commission released its first report in October 2016 on

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A. Death Penalty
B. Surrogacy
C. Internal Parental Child Abduction
D. Mental Health

Q. 24 Single Option Correct +1 0

In _____________, former Judge of the Supreme Court of India ______________ was invited by
Supreme Court to present his view

A. BCCI case, Justice R. M. Lodha

B. Saumya Murder case, Justice M. Katju
C. Nirbhaya case, Justice B. S. Chauhan
D. NJAC case, Justice H. L. Dattu

Q. 25 Single Option Correct +1 0

Which of the following High Courts held that Section 52 (1) (i) of the Copyright Act is broad
enough to cover the acts of photocopying and the creation of course packs by University
for its students?

A. Madras
B. Bombay
C. Calcutta
D. Delhi

Q. 26 Single Option Correct +1 0

Supreme Court lifted the ban on registration of 2000 CC plus diesel cars with imposition of
________ % cess on ex-showroom price which will be levied as environment tax which has to
be paid either by the manufacturer, dealer or buyer.

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

Q. 27 Single Option Correct +1 0

Supreme Court recently quashed criminal proceeding against which Indian player for
allegedly hurting religious sentiments by portraying himself as Lord Vishnu on the cover of
a business magazine?

A. M. S. Dhoni
B. Virat Kohli
C. Milkha Singh
D. Sachin Tendulkar

Q. 28 Single Option Correct +1 0

Which of the following statues define offences in absolute terms, i.e., without mentioning
the necessity of mens rea?

A. The Narcotics Drugs and Psychotropic Substances Act

B. Prevention of Corruption Act
C. Negotiable Instrument Act
D. All of the above

Q. 29 Single Option Correct +1 0

Under the Law of Tort, a minor ___________

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A. is not liable for tortuous act

B. is liable for tortuous act in the same manner but not to the same extent as an adult
C. is liable in the same manner and to the same extent as an adult
D. is liable for simple torts in the same manner and extent as an adult

Q. 30 Single Option Correct +1 0

The narco-analysis technique involves the intravenous administration of

A. Sodium Pentothal
B. Potassium Pentothal
C. Magnesium Pentothal
D. All of the above

Q. 31 Single Option Correct +1 0

A sentence of imprisonment for life may be commuted for imprisonment for a term not
exceeding ______________ years or for fine.

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A. 10
B. 12
C. 14
D. 20

Q. 32 Single Option Correct +1 0

Simultaneous civil and criminal proceedings are

A. maintainable
B. not maintainable
C. maintainable but result of one proceeding is binding on another
D. maintainable but result of one proceeding is not binding on another

Q. 33 Single Option Correct +1 0

Which of the following change/s was/were introduced in the Code of Criminal Procedure in
1973?

A. Separation of Executive and Judiciary

B. Abolition of third class magistrates courts
C. Limitation for taking cognizance of offences
D. All of the above

Q. 34 Single Option Correct +1 0

Who among the following laid down the Hicklin Test (1869), which is still followed by the
courts in various countries as the authoritative test to determination 'obscenty'?

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A. Cockbum
B. Lord Atkin
C. Blackburn
D. Lord Denning

Q. 35 Single Option Correct +1 0

The action for criminal contempt may be taken by

A. by the Supreme Court of India or the High Court on its own motion
B. on a motion made by the Advocate General
C. on a motion by any other person with the consent in writing the Advocate-General
D. all of the above

Q. 36 Single Option Correct +1 0

Central Vigilance Commissioner can be removed from the office only after an enquiry
conducted by

A. President of India
B. Prime Minister
C. Supreme Court of India
D. Speaker of Lok Sabha

Q. 37 Single Option Correct +1 0

No court shall take cognisance of an offence punishable with fine only, after the expiry of
the period of limitation of

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A. Two months
B. Three months
C. Ninety days
D. Six months

Q. 38 Single Option Correct +1 0

At any time before the judgment is pronounced, prosecution of any person may be
withdrawn with the consent of the court by

A. The person on whose instance FIR was recorded

B. Investigating officer of the case
C. Public Prosecutor or Assistant Public Prosecutor in-charge of the case
D. Person aggrieved by the offence

Q. 39 Single Option Correct +1 0

Delhi High Court referred to ___________ of Constitution of India to hold that Lieutenant
Governor is the administrative head of the NCT of Delhi

A. Article 239
B. Article 239 AA
C. Article 239 and Article 239 AA
D. Article 239 A

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Q. 40 Single Option Correct +1 0

Which of the following statement/s regarding 'Surrogacy (Regulation) Bill, 2016 is/are
correct?
I. The Bill allows for altruistic surrogacy. But does not prohibit commercial surrogacy
completely.
II. The Bill will regulate surrogacy in India and provides for establishment of National
Surrogacy Board at the Central level and State Surrogacy Boards.
III. The Bill allows altruistic surrogacy for the couples with proven infertility and upon
fulfilment of some other conditions.
IV. The surrogate mother has to be a close relative of the intending couple and be an
unmarried woman of 20-25 years.

A. II and III
B. I and IV
C. II, III and IV
D. All of the above

Q. 41 Single Option Correct +1 0

Which countries Court of Appeals upheld open internet rules that prohibit broadband
carriers from playing favourites of blocking competing online services?

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A. England
B. India
C. United States
D. Japan

Q. 42 Single Option Correct +1 0

Which of the following is true about the Child - friendly Courts?

I. Separate walking rooms for children.
II. Judge and Police officers not to be in their uniforms.
III. Video-camera trial for accused.
IV. Direct contact between child and the accused in few cases only

A. I and III
B. I and IV
C. I, II, III
D. All of the above

Q. 43 Single Option Correct +1 0

Which of the following statements is true about malice-in-law and malice-in-fact?

A. The former is a wrongful act done intentionally with evil motive whereas the latter is a
wrongful act done intentionally without a just cause
B. The former is a wrongful act done intentionally without just cause whereas the latter
is a wrongful act done intentionally with evil motive
C. The former is a wrongful act done intentionally whereas the latter is a wrongful act
done intentionally
D. Both have same consequences

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Q. 44 Single Option Correct +1 0

'Although, prima facie and as a general rule, there must be a mind at fault before there can
be a crime, it is not an inflexible rule, and a statute may relate to such a subject-matter and
may be so framed as to make an act criminal whther there has been any intention to break
the law or otherwise to do wrong, or not.' This was held in

A. R. v. Andrews
B. R v. Prince
C. R v. Tolson
D. R v. Duffy

Q. 45 Single Option Correct +1 0

The case of Hochster v. De La Tour delas with

A. Quasi - Contract
B. Anticipatory breach of contract
C. Doctrine of promissory estoppel
D. Quantummerit

Q. 46 Single Option Correct +1 0

Which of the following State provides for 69% of reservations?

A. Rajasthan
B. Tamil Nadu
C. Karnataka
D. Uttrakhand

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Q. 47 Single Option Correct +1 0

A two judge bench of the Supreme Court set aside the Jammu and Kashmir High Court's
judgment which had held that various key provisions of the ______________ were outside the
Legislative competence of Parliament, as they interfered with Section 140 of the Transfer of
Property Act of Jammu and Kashmir, 1920

A. Indian Partnership Act

B. Specific Relief Act
C. Securitisation and Reconstruction of Financial Assets and Enforcement of Security
Interest Act
D. Sales of Goods Act

Q. 48 Single Option Correct +1 0

The President of India is not bound by the advice of the Union Council of Ministers

A. in dismissing a civil servant on the ground of security of State

B. in exercising power to grant pardon
C. on the question of removal of a Governor
D. is deciding the question whether a member of Lok Sabha has become disqualifies to
continue as a member

Q. 49 Single Option Correct +1 0

The Constitution of India has no provision for the removal of

A. The Vice-President
B. The Chief-Justice of India
C. The Chief-Justice of High Courts
D. The Governor

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Q. 50 Single Option Correct +1 0

In which of the following cases, the Supreme Court introduced the present collegiums
system of appointment and transfer of Judges?

A. S. P. Gupta's case
B. SC Advocates on Record Association v. Union of India
C. Re-Presidential reference 1999
D. S. R. Bommai's case

Q. 51 Single Option Correct +1 0

Which one of the following statements is NOT correct?

A. Where a court is not competent to frame charges in an offence it shall not be

competent to permit, withdrawing from prosecution
B. The Public Prosecutor is bound to receive instructions from the government and
such instructions would not amount to an extraneous influence
C. An order granting permission to withdraw the prosecution solely on the ground that
where about of the accused was not available, is permissible
D. The Magistrate has discretion to grant or refuse permission to withdraw the
prosecution

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Q. 52 Single Option Correct +1 0

The term 'Contra proferentem' means that

A. an ambiguous term will be construed against the party responsible for its inclusion in
the contract.
B. any ambiguity in the definition clause excluding the liability must be interpreted in
favour of the party which is in a weak position
C. any ambiguity in the terms and conditions including the liability must not be
interpreted in favour of the party which is not in a strong position
D. any ambiguity in the terms of contract excluding the liability must be interpreted in
favour of the party which is financially weak

Q. 53 Single Option Correct +1 0

In some cases, it has been pleaded on behalf of the Government that the law of estoppel is
not applicable in view of

A. doctrine of laches
B. doctrine of lex rei sitae
C. doctrine of executive necessity
D. doctrine of Lex Regia

Q. 54 Single Option Correct +1 0

According to Salmond and Winfield, "A promise without consideration is a gift; one made
for a consideration is a bargain." However, in the following circumstances a contract
without consideration will be perfectly valid
I. An agreement in writing made on account of natural love and affection
II. Contract of Agency
III. Promise to pay a time-barred debt
IV. Oral promise made on account of natural love and affection

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A. I, II, III, IV
B. I, II, IV
C. I and II
D. I, II, III

Q. 55 Single Option Correct +1 0

Following are some of the exceptions under which third parties, which are strangers to the
contract, can bring law suit to enforce their rights arising out of a contract
I. In cases of agency and gifts
II. In case of provisions in marriage settlement of minors
III. Beneficiaries in case of trust
IV. In case provision is made for the marriage or maintenance of a female member of the
family on the partition of a Hindu Undivided Family

A. I, II, III, IV
B. II, III, IV
C. I, II, III
D. I, III, IV

Q. 56 Single Option Correct +1 0

If any person has been supplied with necessaries and he is not competent to contract due
to lunacy, the reasonable price of those things can be recovered from him under the

A. Sale of Goods Act

B. Specific Relief Act
C. Contract Act
D. Equity

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Q. 57 Single Option Correct +1 0

A who is a minor takes loan from B. On attaining majority, A executes a bond in favour of B
for the loan taken during the minority. Is A liable?

A. A is liable as he executes the bond on attaining majority

B. A is liable on the basis of doctrine of estoppels
C. A is liable as he has ratified the agreements
D. A is not liable as he cannot ratify the agreement on attaining majority

Q. 58 Single Option Correct +1 0

The doctrine of undue influence was evolved by the

A. Privy Council
B. Court of Equity in England
C. Supreme Court of India
D. Supreme Court of U.S.A.

Q. 59 Single Option Correct +1 0

Which of the following statements is false?

A. The defence of non est factum was evolved by the judiciary to save the position of a
person who signed a document but could not read it due to his blindness or illiteracy.
B. In course of time, the defence of non est factum came to be applied to other areas
also besides blindness and illiteracy.
C. The doctrine of non est factum applies in case of a misrepresentation inducing a
mistaken belief regarding the class and character of a supposed document
D. The doctrine originally applied to the negotiable instruments but it came under
criticism and after being overhauled by the House of Lords, it applies only to
contracts

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Q. 60 Single Option Correct +1 0

An agreement curtailing the period of limitation has been distinguished from an

agreement resulting in the release or forfeiture of the rights if an action is not brought
within a certain period. Such clauses are generally there in

A. insurance agreements
B. sale agreements
C. tender agreements
D. shipment agreement

Q. 61 Single Option Correct +1 0

Which of the following are not types of Agents?

I. Del Credere
II. Pacca Adatia
III. Broker
IV. Factor

A. I and III
B. III and IV
C. III
D. All of the above

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AILET 2017 LLM Question Paper
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Q. 62 Single Option Correct +1 0

There are two important theories of doctrine of frustration, viz., theory of implied term and

A. theory of commercial dealings

B. theory of just and reasonable solution
C. theory of supersession
D. theory of relativity

Q. 63 Single Option Correct +1 0

The doctrine of supervening impossibililty will not apply in the following cases:
I. Difficulty in performance
II. Outbreak of war
III. Commercial impossibility
Iv. Strikes, Lock outs and civil disturbances

A. I, II, III, IV
B. II, III, IV
C. I, III, IV
D. I, II, III

Q. 64 Single Option Correct +1 0

Where an Amendment seeks to make any change in any of the provisions mentioned in the
proviso to Article 368 of the Constitution of India

A. it must be passed by simply majority

B. it must be passed by special majority
C. it must be ratified by legislatures of majority of the States
D. it must be ratified by legislatures of not less than one half of the States

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Q. 65 Single Option Correct +1 0

No specific time limit for ratification of an Amending Bill by the State Legislatures is laid
down, however, the resolution ratifying the proposed Amendment should be

A. passed before the Amending Bill is presented to the President for his assent
B. sent to the Union Council of Ministers
C. considered first by majority of both the Houses of Parliament
D. initiated at the instance of the Governor

Q. 66 Single Option Correct +1 0

For the further continuance of the emergency beyond the period of six months, approval
by Parliament would be required

A. every month
B. every six months
C. every year
D. every three months

Q. 67 Single Option Correct +1 0

Which one of the following is not the duty of the Finance Commission of India?

A. The distribution of between the Union and the States of the net proceeds of taxes
B. The principle which should govern the grant-in-aid of the revenue of the State out of
the Consolidated Fund of India
C. The measures needed to augment the Contingency Fund of India
D. The measures needed to augment the Consolidated Fund of India of a State to
supplement the resources of the Municipalities in a State

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Q. 68 Single Option Correct +1 0

The power to prorogue the House is vested in

A. The Prime Minister

B. The Speaker
C. The Vice-President
D. The President

Q. 69 Single Option Correct +1 0

According to D. D. Basu, if the Prime Minister, who is defeated in the House or who loses
the confidence of the House, refuses to resign, the President may dismiss him, and this
power is confided in the Constitution of India in

A. Article 75 (1)
B. Article 75 (2)
C. Article 76
D. Article 77

Q. 70 Single Option Correct +1 0

The objectives laid down in Article 40 have been fulfilled by enacting the Constitution 73rd
and 74th Amendments Act 1992 known as the

A. Nationalisation of Banks Act 1992

B. Nationalisation of Insurance Companies Act 1992
C. Withdrawal of Privy Purses Act 1992
D. Panchayati and Nagarpalika Act 1992

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AILET 2017 LLM Question Paper
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Q. 71 Single Option Correct +1 0

Whereas the 25th Amendment gave primacy to Directive Principles of State Policy
contained in Article 39 (b0 and (c) over the Fundamental Rights in Articles 14, 19 or 31 of
the Constitution of India, the 42nd Amendment gave precedence to all Directive Principles
over the Fundamental Rights guaranteed in

A. Article 13, 14 or 15
B. Article 15, 16 or 19
C. Article 14, 19 or 31
D. Article 14, 16 or 19

Q. 72 Single Option Correct +1 0

The places of worship like Temples, Mosques, Gurudwaras cannot be used for hiding
criminals or carrying anti-national activities. They cannot be used for political purposes.
The State has power to prohibit such activities under

A. Article 25 (2)
B. Article 26 (a)
C. Article 27
D. Article 28

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Q. 73 Single Option Correct +1 0

The rule of res judicata is not applicable to the writ of

A. Mandamus
B. Habeas corpus
C. Certiorari
D. Quo warranto

Q. 74 Single Option Correct +1 0

Article 19 (4) empowers the State to impose reasonable restrictions on the right of
freedom of association and union in the interest of

A. "public order" or "morality" or sovereignty or integrity of India

B. security of State, friendly relations with foreign countries and untouchability
C. "public order" or security of State
D. "public order" or "morality" or security of State

Q. 75 Single Option Correct +1 0

Article 14 of the Constitution permits classification but prohibits

A. group law
B. class legislation
C. religious classification
D. single person law

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Q. 76 Single Option Correct +1 0

Dicey wrote, "every official from the Prime Minister down to the Constable or a Collector of
taxes is under the same responsibility for every act done without legal justification as any
other citizen." Dicey gave three meanings of the Rule of Law
I. Absence of arbitrary power or supremacy of law
II. Equality before law
III. The Constitution is the result of the ordinary law of the land
IV. There is no exception from the operation of law

A. I, II, III, IV
B. II, III, IV
C. I, II, III
D. I, II, IV

Q. 77 Single Option Correct +1 0

Any law, executive order made by the State during the period of emergency cannot be
challenged on the ground that they are inconsistent with the rights guaranteed under

A. Article 22
B. Article 21
C. Article 20
D. Article 19

Q. 78 Single Option Correct +1 0

Which of the following statements is not correct?

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AILET 2017 LLM Question Paper
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A. The power of the legislature under Article 245 of the Constitution to enact laws is a
plenary power subject only to its legislative competence and other constitutional
limitations.
B. The power to validate a law retrospectively is unfettered.
C. The legislature has power to alter the existing laws retrospectively.
D. The power to make laws include the power to give effect to it prospectively.

Q. 79 Single Option Correct +1 0

What is "fellow servant" rule?

A. gratuitously and temporarily assists he servant in his work

B. a common law doctrine that barred or reduced the amount of money an injured
employee could recover against an employer if an injury was caused solely by the
negligence of a fellow worker
C. a common law doctrine that allowed the amount of money an injured employee could
recover against an employer if an injury was caused solely by the negligence of a
fellow worker
D. a common law doctrine that enhances the amount of money an injured employee
could recover against an employer if an injury was caused solely by the negligence of
a fellow worker

Q. 80 Single Option Correct +1 0

According to Justice Holmes, law is

A. A social institution to satisfy social wants

B. Aggregate of rules set up by men as politically superior or sovereign, to men as
politically inferior
C. The statement of circumstances in which the public force will be brought to bear
upon men through courts
D. A crystallised common sense of the communities

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Q. 81 Single Option Correct +1 0

_________________ says that the Realist Movement is a 'gloss' on the Sociological School of
Law.

A. Savigny
B. Julius Stone
C. Olivecrona
D. Hagerstrom

Q. 82 Single Option Correct +1 0

The influence of the individuals upon the legal development is ________ by the Volkgeist
Theory.

A. minimized
B. maximized
C. neutralized
D. nullified

Q. 83 Single Option Correct +1 0

The Tort litigation is increasing in India particularly under the Motor Vehicles Act 1988 as
there is a provision under this Act for compulsory compensation to be given

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AILET 2017 LLM Question Paper
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A. in normal circumstances of death by hit and run

B. in hit and run cases and in certain cases the principle of no fault liability has been
recognised
C. immediately and within one year in case of death of the victim
D. to the dependents of the decreased in hit and run cases

Q. 84 Single Option Correct +1 0

According to Winfield

A. Tortious liability arises from breach of duty primarilty fixed by the law. This duty is
towards persons generally and its breach is redressible by action for unliquidated
damages.
B. A tort is an infringement of right of a private individual giving a right of compensation
at the suit of the injured party
C. A tort is a civil wrong for which the remedy in common law is action for unliquidated
damages and which is not exclusively breach of contract or of trust or breach of other
merely equitable obligation
D. A tort consists of those wrongs or unlawful acts which violates legal rights of a person
for which law provides the remedy of unliquidated damages

Q. 85 Single Option Correct +1 0

Which one of the following is not an instance of Injuria Sine Dmnum?

A. Ashby v. White
B. Marzetti v. Williams
C. Moghal steamship v. Mogregor Gow
D. Bhim Singh v. State if J & K

Q. 86 Single Option Correct +1 0

There shall be no appeal by a convicted person in any of the following cases

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AILET 2017 LLM Question Paper
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A. When a High Court passes only a sentence of imprisonment for a term not exceeding
six months
B. When a Sessions Court passes a sentence of the fine not exceeding Rs. 500
C. When a Magistrate of first class passes a sentence of imprisonment for a term not
exceeding one month
D. All of the above

Q. 87 Single Option Correct +1 0

Regarding bail applications, a Bench comprising of Justice A. K. Goel and Justice U. U. Lalit of
the Supreme Court of India has asked all High Courts to issue directions to their
Subordinate Courts that
I. All bail applications normally be disposed by judicial officers within one week.
II. Magisterial trial where accused is in custody be concluded within six months.
III. Session trial where accused is in custody normally be concluded within two years.
IV. Efforts to be made to dispose of all cases, which are ten years old, by the end of the
year.
V. The above timelines may, however, will not be the touchstone for assessment of judicial
performance in annual confidential reports

A. II, III, IV
B. I, II, III
C. IV and V
D. All of the above

Q. 88 Single Option Correct +1 0

What is the significance of Pravasi Bhalai Sangathan v. Union of India (AIR 2014 SC 1591)
case as a result of which the Law Commission of India has submitted its Report No. 267 in
March 2017?

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AILET 2017 LLM Question Paper
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A. Overseas citizenship
B. State Entry Tax Laws
C. NEET Entrance Test
D. Hate Speech

Q. 89 Single Option Correct +1 0

Which of the following is correct in respect of "Right to be forgotten"?

I. The Karnataka High Court in a landmark judgement recently has accepted, applied and
approved the 'right to be forgotten' in Indian context.
II. It allows offenders who had served their sentence to object to the publication of
information regarding their crime and conviction in order to ease their process of social
integration.
III. The origin of this right can be traced back to the French jurisprudence on the 'right to
oblivion'.
IV. The right to be forgotten can be inferred from the provisions of the information
technology (IT) Act 2000 (amended in 2008) as well as from the IT Rules, 2011

A. I & II
B. I, II, III
C. I, II, IV
D. All of the above

Q. 90 Single Option Correct +1 0

There is difference between the torts of libel and slander, Which of the following is not
correct?

A. Libel is a defamatory statement in permanent form and Slander is a defamatory

statement in a transient form.
B. Libel is actionable per se whereas damage must be proved for slander
C. Libel may be prosecuted as crime as well as a tort, whereas slander is only a tort.
D. Difference between libel and slander is clearer in cases of publication through radio,
audio and video

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AILET 2017 LLM Question Paper
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Q. 91 Single Option Correct +1 0

Which of the following is not a bar to the right to rescind the contract in cases of
misrepresentation?

A. lapse of time
B. restitution in integrum impossible
C. indemnity
D. third party acquires rights

Q. 92 Single Option Correct +1 0

Under Section 105 of IPC, the right of private defence of property in cases of theft
commences when a reasonable apprehension of danger to the property commences and

A. continues till the offender has affected his retreat with the property
B. continues till the assistance of public authorities is obtained
C. continues till the property has been recorded
D. all of above

Q. 93 Single Option Correct +1 0

Preparation for the commission of a crime is

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A. punishable under the IPC

B. not punishable under the IPC
C. punishable when the preparation is with the intention of waging war against the
Government of India or preparation to commit dacoity
D. punishable only when the preparation is with the intention of waging

Q. 94 Single Option Correct +1 0

In _____________________, Supreme Court bench of Justices Dipak Misra and Prafulla C. Pant
observed "any kind of liberal approach or thought of mediation in this regard (between
rape victim and the accused) is thoroughly and completely sans legal permissibility."

A. State of MP v. Madanlal
B. ABC v. NCT of Delhi
C. State v. Manohar Singh
D. State v. Hariharan

Q. 95 Single Option Correct +1 0

In which of the following cases, Supreme Court held that an offence under the criminal law
does not depend upon the gender of the accused?

A. Nalini Singh v. State

B. Jamuna Pal v. State
C. Nandini Sukumar v. State
D. Vasanthi Stanley v. State

Q. 96 Single Option Correct +1 0

Which of the following provisions of IPC prescribes death sentence as the only punishment
for murder?

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A. Section 302
B. Section 303
C. Section 305
D. Section 307

Q. 97 Single Option Correct +1 0

Which one of the following correctly identifies the remedies available to the victim in case
of false imprisonment?

A. Injunction, abatement, action for damages

B. Habeas corpus, action for damages, injunction
C. Self-help, habeas corpus, action for damages
D. Injunction, self help, action for damages

Q. 98 Single Option Correct +1 0

In ______________________________________, the Supreme Court held that women can be

arrested by police at any time and even in absence of lady constable if the arresting officer
records the proper reason fir such arrest.

A. State of Maharastra v. Christian Community Welfare Council of India

B. Jaya Sinha v. State of Karnataka
C. Aruna Roy v. State of UP
D. State of Gujarat v. Priya Pillai

Q. 99 Single Option Correct +1 0

Which of the following was never held or observed by the Privy Council in Mohori Bibee v.
Dharamodas Ghose

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AILET 2017 LLM Question Paper
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A. An agreement made by a minor is void

B. The minor's agreement being void, he could not be asked to repay
C. Section 64 and 65 of the Indian Contract Act 1872 allow compensation to be made by
a person who gets undue benefit in a case, but those Sections do not cover the case
where the agreement is void as initio as in the case of a minor
D. Since the loan had been given to the minor with the full knowledge about his infancy,
the money lender can still be asked to be compensated under the Specific Relied Act
1963

Q. 100 Single Option Correct +1 0

Which of the following sections of Indian Penal Code aims at achieving the age - old
principle of peaceful co-existence of different countries of the world, especially
neighbouring countries?

A. Section 124 and 127

B. Section 127 and 126
C. Section 125 and 126
D. Section 124 and 125

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AILET 2017 LLM Question Paper
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AILET 2017 LLM

Answers

1. C 2. B 3. A
4. A 5. C 6. B
7. D 8. D 9. A
10. B 11. A 12. D
13. B 14. B 15. D
16. A 17. A 18. C
19. C 20. D 21. B
22. D 23. C 24. B
25. D 26. D 27. A
28. D 29. C 30. A
31. C 32. D 33. D
34. A 35. D 36. A
37. D 38. C 39. C
40. A 41. C 42. C
43. B 44. C 45. B
46. B 47. C 48. D
49. D 50. B 51. A
52. A 53. C 54. D
55. B 56. A 57. D
58. B 59. D 60. A
61. D 62. B 63. C
64. D 65. A 66. B
67. C 68. D 69. B
70. D 71. C 72. A
73. B 74. A 75. B
76. C 77. D 78. B
79. B 80. C 81. B
82. A 83. B 84. A
85. C 86. A 87. B
88. D 89. B 90. D
91. C 92. D 93. C

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AILET 2017 LLM Question Paper
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94. A 95. D 96. B

97. C 98. A 99. D
100. C

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Suggested Papers

AILET 2017 LLB

AILET 2016 LLB
AILET 2016 LLM
AILET 2016 PhD
AILET 2015 LLB
AILET 2014
AILET 2013
AILET 2012
AILET 2011
AILET 2008
AILET 2018 LLB
AILET LLM 2018
AILET 2018 PhD

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