LAAAAATCLAT PG QUESTION PAPER

2021
No. of questions: 120

In jurisprudence, distinction between theoretical and practical aspects of law is the

basis of an independent science of law, the purpose of which is not to subserve
practical ends but to serve pure knowledge, which is concerned with facts but not
with words. At the present time, juristic science is an exclusively a practical science
of law and adequate methods have been evolved for the application of law by the
judges. The result of this situation is that its teaching on the subject of law and legal
relations, subject matter and method, can be given only by the practical science of
law. It aims to supply the judge with legal propositions, formulated in the most
general terms possible, in order that the greatest possible number of decisions might
be derived from them. It teaches the judge how to apply the general propositions to
the specific cases. However, the human thinking is necessarily dominated by the
underlying purpose and the thinking of the jurist is conditioned by the practical
purposes pursued by juristic science. The jurist does not mean by law that which
lives and is operative in human society as law, but law exclusively important in the
administration of justice as a rule according to which the judges must decide the
legal disputes. However, juristic science as whole proceeds by abstractions and
deductions but sometimes loses contact with reality. The rule of human conduct and
the rule according to which the judges decide legal disputes may be distinct; a
layman does not always act according to the rules which the judges apply for the
judicial decisions as the rules to guide human conduct. However, the scientific view
has given way to the practical view, adapted to the requirements of the judicial
officials according to which they must proceed, but they arrive at this view by a jump
in their personal thinking. They mean that the rules according to which courts decide
are the rules according to which men ought to regulate their conduct. In this respect
it is altogether different from true science. It is true that those judicial decisions
influence the conduct of men, but we must first of all inquire to what extent this is
true and upon what circumstances it depends.

1. The purpose of the ‘science of law’ is to achieve:

a. Practical aspects for human conduct

b. Idealistic judicial abstractions
c. Pure knowledge based on reality
d. Judicial purpose.
Answer: (c)

2. The prevailing method of the practical science of law is the method which is
______

a. Employed by judges for application of law

b. Indicated in law books
c. Abstraction of social mind
d. Legal optimism.
Answer: (a)

3. The judicial thinking is prominently guided by:

a. Underlying principles of judicial morality

b. Principles of professional ethics
c. Practical purposes followed by judicial science
d. Classical theories of justice.
Answer: (c)

4. The present juristic science is losing scientific temperament, because

the_____ Which of the following is the most appropriate answer?

a. Judges are not professionally trained

b. Judicial abstractions and deductions are different from reality
c. Practical purposes followed by judicial science
d. Notions for the judicial decisions are inferred from the decision of foreign courts.
Answer: (b)

5. The legal propositions are generally based on ______

a. Generalised possibility
b. Exclusivity
c. Social interest
d. Political interest.
Answer: (a)

Click Here for Online Mock Tests and Solve Live

6. The judicial expectation from a layman is that:

a. The conduct of man ought to be humane

b. The conduct of man ought to be prudent
c. The conduct of man be based on rules decided by courts
d. The conduct of man be based on moral and ethical parameters.
Answer: (c)
 Human liberty is a precious constitutional value; it is as tenuous as tenuous can be.
Liberty survives by the vigilance of her citizens, on the cacophony of the media and
in the dusty corridors of courts alive to the rule of (and not by) law. The doors of the
court cannot be closed to a citizen who is able to establish prima facie that the
instrumentality of the State is being weaponized for using the force of criminal law to
the detriment of human liberty. The basic entitlement of every citizen who is faced
with allegations of criminal wrongdoing, is that the investigative process should be
fair. This is an integral component of the guarantee against arbitrariness under
Article 14 and of the right to life and personal liberty under Article 21. The Supreme
Court considered the given principle in Arnab Manoranjan Goswami v. State of
Maharashtra, [AIR 2021 SC 1], which binds that the courts must be alive to the need
to safeguard the public interest while ensuring that the due enforcement of criminal
law is not obstructed. The fair investigation of crime is an aid to it. Equally it is the
duty of courts across the spectrum-the district judiciary, the High Courts and the
Supreme Court to ensure that the criminal law does not become a weapon for the
selective harassment of citizens. The inherent power of the High Court must be
construed as an aid to preserve the constitutional value of liberty. The writ of liberty
runs through the fabric of the Constitution. The need to ensure fair investigation of
crime is undoubtedly important in itself, because it protects at one level, the rights of
the victim and, at a more fundamental level, the societal interest in ensuring that
crime is investigated and dealt in accordance with law. On the other hand, the
misuse of the criminal law is a matter of which the courts in this country must be
alive. 7. Which of the following statements regarding human liberty is untrue?

a. Liberty is a precious constitutional right

b. Liberty is a limited fundamental right
c. Liberty is a fragile concept
d. Liberty is an infrangible concept.
Answer: (d)

8. The liberty of a citizen is alive because of lively ______

a. Media
b. Judiciary
c. Media and Judiciary
d. Executive and Legislature.
Answer: (c)

9. Consider the given statements. (I) For seeking the intervention of the court, the
petitioner has to prima facie establish that the State agency has misused the force of
criminal law which causes casualty for the human liberty. (II) The deprivation of
liberty via rule by law is bearable up to twenty-four hours. Choose the correct
answer from the code given below.

a. Both (I) and (II) are true

b. Both (I) and (II) are untrue
c. (I) is true and (II) is untrue
d. (II) is true and (I) is untrue.
Answer: (c)

10. The fair investigation in a criminal trial is a guarantee ______

a. Against arbitrariness
b. Of right to life and personal liberty
c. Against arbitrariness and of right to life and personal liberty
d. Of political justice.
Answer: (c)

11. Ensuring that the crime is fairly investigated and dealt in accordance with
the rule of law, is fundamentally a matter of________

a. Legal interest
b. Social interest
c. Political interest
d. Economic interest.
Answer: (b)

12. In the given excerpt, for the protection of human liberty, the Court has
given emphasis on_______

a. Role of society
b. Role of the courts at all levels
c. Balance between the due enforcement and preventing misuse of criminal law
d. Both (b) and (c).
Answer: (d)

The Supreme Court of India noted that it is a prevalent gender stereotype that
women officers find it challenging to meet the hazards of service owing to their
prolonged absence during pregnancy, motherhood and domestic obligations towards
their children and families, as the notion assumes that domestic obligations rest
solely on women. Reliance on the ‘inherent physiological differences between men
and women’ rests in a deeply entrenched stereotypical and constitutionally flawed
notion that women are the ‘weaker’ sex and may not undertake tasks that are ‘too
arduous’ for them. Arguments founded on the physical strengths and weaknesses of
men and women and on assumptions about women in the social context of marriage
and family do not constitute a constitutionally valid basis for denying equal
opportunity to women officers. To deny the grant of permanent commission to
 women officers on the ground that this would upset the ‘peculiar dynamics’ in a unit
casts an undue burden on women officers which has been claimed as a ground for
excluding women. If society holds strong beliefs about gender roles, that men are
socially dominant, physically powerful and the breadwinners of the family and that
women are weak and physically submissive, and primarily caretakers confined to a
domestic atmosphere, it is unlikely that there would be a change in mindsets. 13.
Which of the following judgments relating to equality of opportunity for women
seeking Permanent Commissions in the Indian Army is the excerpt taken
from?

a. Nawal Kishore Sharma v. Union of India, 2021 SCC OnLine SC 74

b. Aparna Bhat v. State of Madhya Pradesh, 2021 SCC OnLine SC 230
c. Ministry of Defence v. Babita Puniya, (2020) 7 SCC 469
d. Dipika Jagatram Sahani v. Union of India, (2021) 2 SCC 740.
Answer: (c)

14. Based on the given excerpt from a judgment, which of the following was
not a direction given by the Supreme Court of India?

a. Women officers on Short Service Commission with more than twelve years of
service who do not opt for being considered for the grant of the Permanent
Commissions will be entitled to continue in service until they complete twenty-two
years of pensionable service
b. Short Service Commission women officers with over twenty years of service who are
not granted Permanent Commission shall retire on pension in terms of the policy
decision
c. All serving women officers on Short Service Commission shall be considered for the
grant of Permanent Commission irrespective of any of them having completed
fourteen years or, as the case may be, twenty years of service
d. Short Service Commission women officers who are granted Permanent Commission
in pursuance of the above directions will be entitled to all consequential benefits
including promotion and financial benefits.
Answer: (a)

15. That women officers would upset the dynamics in a unit is a/an________
ground for denying them permanent commission.

a. Inevitable
b. Strong
c. Unreasonable
d. Valid.
Answer: (c)
 16. Which of the following judgments is not related to equality of opportunity
in matters of public employment as guaranteed by the Constitution of India?

a. Jaishri Laxmanrao Patil v. Chief Minister, 2021 SCC OnLine SC 362

b. Indra Sawhney v. Union of India, 1992 Supp (3) SCC 217
c. Nagaraj v. Union of India, (2006) 8 SCC 212
d. Nisha Priya Bhatia v. Union of India, (2020) 13 SCC 56.
Answer: (d)

17. Based on the given excerpt, which of the following is correct regarding
blanket restriction on women officers in Army?

a. Equality should not ensure that where the action of the State does differentiate
between two classes of persons, it does not differentiate them in an unreasonable or
irrational manner
b. An absolute bar on women seeking criteria or command appointments would not
comport with the guarantee of equality under Article 14 of the Constitution of India
c. Where the Army as an instrumentality of the State, differentiates between women
and men, the burden does not fall on the Army to justify such differentiation with
reason
d. An absolute bar on women seeking criteria or command appointments would comply
with the guarantee of equality under Article 14 of the Constitution of India.
Answer: (a)

18. “The unrelenting continuation of this immoral practice, the globally shared
understanding that it constitutes a form of violence against women, and its potential
to damage the very fabric of gender equality and dignity that forms the bedrock of
our Constitution are all factors that categorically establish pre-natal sex
determination as a grave offence with serious consequences for the society as a
whole.” In which of the following cases was the above observation made?

a. Amish Devgan v. Union of India, (2021) 1 SCC 1

b. Vanitha v. Deputy Commissioner, Bengaluru Urban District, 2020 SCC OnLine SC
1023
c. Rekha Sengar v. State of Madhya Pradesh, (2021) 3 SCC 729
d. State of Orissa v. Mamata Sahoo, (2019) 7 SCC 486.
Answer: (b)

We may note that even though rights in land are no more a fundamental right, still it
remains a constitutional right under Article 300A of the Constitution of India, and the
provisions of any Act seeking to divest any person from the rights in property have to
be strictly followed. The right to property ceased to be a fundamental right; however,
it continued to be a human right in a welfare State, and a Constitutional right under
 Article 300A of the Constitution. Article 300A provides that no person shall be
deprived of his property save by authority of law. The State cannot dispossess a
citizen of his property except in accordance with the procedure established by law.
The obligation to pay compensation, though not expressly included in Article 300A,
can be inferred in that Article. The State in exercise of its power of eminent domain
may interfere with the right of property of a person by acquiring the same but the
same must be for a public purpose and reasonable compensation therefor must be
paid. The right to property is recognised as a basic human right. It is accepted in
every jurisprudence and by different political thinkers that some amount of property
right is an indispensable safeguard against tyranny and economic oppression of the
Government. Jefferson was of the view that liberty cannot long subsist without the
support of property. “Property must be secured; else liberty cannot subsist” was the
opinion of John Adams. Indeed, the view that property itself is the seed bed which
must be conserved if other constitutional values are to flourish is the consensus
among political thinkers and jurists. 19. Right to property ceased to be a
fundamental right by the:

a. Constitution (Sixty Ninth Amendment) Act, 1991

b. Constitution (Forty Second Amendment) Act, 1976
c. Constitution (Seventy First Amendment) Act, 1992
d. Constitution (Forty Fourth Amendment) Act, 1978.
Answer: (d)

20. In which of the following cases the Supreme Court of India held that
provisions of law seeking to divest the right provided under Article 300A of the
Constitution of India must be strictly construed?

a. Padmamma v. S. Ramakrishna Reddy, (2008) 15 SCC 517

b. Tukaram Kana Joshi v. M.I.D.C., (2013) 1 SCC 353
c. S. Sadasivaswamy v. State of Tamil Nadu, (1975) 1 SCC 152
d. Jilubhai Nanbhai Khachar v. State of Gujarat, (1995) Supp. 1 SCC 596.
Answer: (a)

21. Right to property is a basic human right. Which of the following statements
is true regarding human rights?

a. Human rights have been considered in the realm of individual rights such as right to
shelter, livelihood, health, employment, etc
b. Human rights have gained a multifaceted dimension
c. Human rights are statutory rights
d. Both (a) and (b).
Answer: (d)
 22. ‘Eminent Domain’ is defined as:

a. The power of sovereign to take public property for public use with the owner’s
consent upon the payment of just compensation
b. The power of sovereign to take public property for private use without the owner’s
consent upon the payment of just compensation
c. The power of sovereign to take property for public use without the owner’s consent
upon the payment of just compensation
d. The power of sovereign to take property for public use with the owner’s consent
upon the payment of just compensation.
Answer: (c)

23. According to which of the following jurists, property is the objective

manifestation of the personality of an individual?

a. John Austin
b. George Wilhelm Friedrich Hegel
c. Jeremy Bentham
d. Roscoe Pound.
Answer: (b)

24. Which of the following statements is true regarding right to property?

a. Right to property is recognised as part and parcel of the right to life and personal
liberty
b. Right to property is recognised as part and parcel of the right to carry on any
occupation, trade or business
c. Right to property is not a basic feature of the Constitution of India
d. Right to property is an inalienable right.
Answer: (c)

The Supreme Court of India, in Sangitaben Shaileshbhai Datanta v. State of Gujarat,

[2018 SCC OnLine SC 2300] was examining a question where a court, after grant of
bail to an accused, ordered the accused and their relatives to undergo scientific test
viz. lie detector, brain mapping and narco-analysis. This Court held that direction of
the court to carry out such tests is not only in contravention to the first principles of
criminal law jurisprudence but also violates statutory requirements. The Court held:
“While adjudicating a bail application, Section 439 of the Code of Criminal
Procedure, 1973 is the guiding principle wherein Court takes into consideration, inter
alia, the gravity of the crime, the character of the evidence, position and status of the
accused with reference to the victim and witnesses, the likelihood of the accused
fleeing from justice and repeating the offence, the possibility of his tampering with
the witnesses and obstructing the course of justice and such other grounds. Each
 criminal case presents its own peculiar factual matrix, and therefore, certain grounds
peculiar to a particular case may have to be taken into account by the court.
However, the court has to only opine as to whether there is prima facie case against
the accused. The court must not undertake meticulous examination of the evidence
collected by the police, or rather order specific tests as done in the present case. In
the instant case, by ordering the abovementioned tests, the High Court has
converted the adjudication of a bail matter to that of a mini-trial indeed.” 25. In which
of the following cases the Supreme Court of India held that the jurisdiction of
High Court under Section 439 of Code of Criminal Procedure, 1973 is related to
grant or denial of bail during pendency of trial?

a. Chaman Lal v. State of Himachal Pradesh, 2020 SCC OnLine SC 988

b. Maheshwar Tigga v. State of Jharkhand, (2020) 10 SCC 108
c. State of Madhya Pradesh v. Bablu, (2014) 9 SCC 281
d. State rep. by the Inspector of Police v. M. Murugesan, (2020) 15 SCC 251.
Answer: (d)

26. Which of the following statements is true regarding the special powers of
High Court regarding bail under Section 439 of Code of Criminal Procedure,
1973?

a. High Court may direct that any person who has been released on bail be arrested
b. High Court may undertake meticulous examination of the evidence collected by the
police
c. High Court may direct specific tests, such as narco-analysis to be conducted
d. High Court may pass any order in exercise of its inherent powers.
Answer: (a)

27. Which of the following statements is not true regarding the special powers
of High Court regarding bail under Section 439 of Code of Criminal Procedure,
1973?

a. High Court may direct that any person accused of an offence and in custody be
released on bail
b. High Court may direct that any condition imposed by a Magistrate when releasing a
person on bail be set aside or modified
c. High Court may pass any order, which in the opinion of the court, could be in the
interest of justice and personal liberty of the arrested person
d. High Court may direct that any person who has been released on bail be arrested
and commit him to custody.
Answer: (c)

28. While deciding an application for grant of bail, the court has to:
a. Conduct a mini-trial to ascertain whether there is prima facie case against the
accused
b. Opine as to whether there is prima facie case against the accused
c. Examine all witnesses to understand the possibility of the accused obstructing the
course of justice
d. Conduct a preliminary inquiry without taking cognizance of the offence.
Answer: (b)

29. Under Section 439 of Code of Criminal Procedure, 1973, the special powers
regarding bail may be exercised by:

a. High Court only

b. High Court or Court of Session
c. High Court or Court of Session or Judicial Magistrate First Class
d. High Court or Court of Session or any Magistrate.
Answer: (b)

30. Under Section 439 of Code of Criminal Procedure, 1973, the Court may
impose any condition which it considers necessary while releasing an arrested
person on bail, if the alleged offence(s) is:

a. Offence against the State or offence against public tranquillity

b. Offence affecting the human body or offence against property
c. Offence against the State or offence against public tranquillity or offence affecting
the human body
d. Offence against the State or offence affecting the human body or offence against
property.
Answer: (d)

There is a general presumption that every Hindu family is presumed to be joint

unless the contrary is proved. It is open even if one coparcener has separated, to the
non -separating members to remain joint and to enjoy as members of a joint family.
The protection of rights of daughters as coparcener is envisaged in the substituted
Section 6 of Hindu Succession Act, 1956 recognises the partition brought about by a
decree of a court or effected by a registered instrument. A special definition of
partition has been carved out in the Explanation. The intendment of the provisions is
not to jeopardise the interest of the daughter and to take care of sham or frivolous
transaction set up in defence unjustly to deprive the daughter of her right as
coparcener and prevent nullifying the benefit flowing from the provisions as
substituted. The intendment of Section 6 of the Act is only to accept the genuine
partitions that might have taken place under the prevailing law, and are not set up as
a false defence and only oral ipse dixit is to be rejected outrightly. It has to be
remembered that the courts cannot defeat the object of the beneficial provisions
 made by the Amendment Act. The exception is carved out by us as earlier execution
of a registered document for partition was not necessary, and the court was rarely
approached for the sake of family prestige. The statutory fiction of partition created
by the proviso to Section 6 of the Hindu Succession Act, 1956 as originally enacted
did not bring about the actual partition or disruption of coparcenary. The fiction was
only for the purpose of ascertaining share of deceased coparcener when he was
survived by a female heir, of Class I as specified in the Schedule to the 1956 Act or
male relative of such female. The provisions of the substituted Section 6 are required
to be given full effect. 31. Which of the following judgments is not related to
property rights of daughter as a coparcener under Hindu law?

a. Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1

b. Danamma v. Amar, (2018) 3 SCC 343
c. Prakash v. Phulavati, (2016) 2 SCC 36
d. Kalindi Damodar Garde v. Manohar Laxman Kulkarni, (2020) 4 SCC 335.
Answer: (d)

32. Based on the given excerpt from a judgment, which of the following
statements is not correct in relation to Section 6 of the Hindu Succession
(Amendment) Act, 2005?

a. It deals with devolution of interest in coparcenary property

b. A daughter will not be subject to the same liabilities in respect of the said
coparcenary property as that of a son
c. A daughter becomes a coparcener in her own right in the same manner as the son
d. A daughter shall have the same rights in the coparcenary property as she would
have had if she had been a son.
Answer: (b)

33. Which of the following is the doctrine of legal fiction created to ascertain
the share of the deceased in a joint property?

a. Doctrine of Notional Partition

b. Doctrine of Factum Valet
c. Doctrine of General Partition
d. Doctrine of Partial Partition.
Answer: (a)

34. Which of the following is related to the judgment of Kiran Devi v. the Bihar
State Sunni Wakf Board, [2021 SCC OnLine SC 280]?

a. Mediation in Matrimonial Matters

b. Joint Custody
c. Presumption of Hindu Joint Family Property
d. Guardianship of a minor.
Answer: (c)

35. As per the given excerpt from a judgment, which of the following is correct
in relation to the living status of a father in ensuring coparcenary property
rights to a daughter?

a. The coparcenary rights can be claimed by the daughter born earlier with effect from
September 9, 2005 with savings as provided in Section 6(1) of the Hindu Succession
(Amendment) Act, 2005
b. Since the right in coparcenary to a daughter is by birth, it is necessary that father
coparcener should be living as on September 9, 2005
c. Living status of father is a pre-condition for coparcenary rights to a daughter
d. Since the right in coparcenary to a daughter is by birth, it is not necessary that father
coparcener should be living as on September 9, 2005.
Answer: (d)

36. In which of the following judgments was it held that a Hindu joint family is
presumed to be joint in food, worship and estate unless the contrary is
proved?

a. Shanti Devi v. Union of India, (2020) 19 SCC 766

b. Rachna v. Union of India, 2021 SCC OnLine SC 140
c. Adiveppa v. Bhimappa, (2017) 9 SCC 586
d. Harshit Agarwal v. Union of India, (2021) 2 SCC 710.
Answer: (c)

The Supreme Court of India has held that it is a cardinal principle of the law of
contract that the offer and acceptance of an offer must be absolute. It can give no
room for doubt. The offer and acceptance must be based or founded on three
components, that is, certainty, commitment and communication. However, when the
acceptor puts in a new condition while accepting the contract already signed by the
proposer, the contract is not complete until the proposer accepts that condition, as
held by the Court in Haridwar Singh v. Bagun Sumbrui, [AIR 1972 SC 1242]. An
acceptance with a variation is no acceptance. It is, in effect and substance, simply a
counter proposal which must be accepted fully by the original proposer, before a
contract is made. 37. Based on the given excerpt, which of the following
judgments is related to acceptance of a conditional offer?

a. State of Punjab v. Davinder Singh, (2020) 8 SCC 1

b. Padia Timber Co. Pvt. Ltd. v. Board of Trustees of Visakhapatnam Port Trust, (2021)
3 SCC 24
c. Sonu v. Sonu Yadav, 2021 SCC OnLine SC 286
d. Akshay Kumar Singh v. State (NCT of Delhi), (2020) 3 SCC 431.
Answer: (b)

38. ‘The acceptance must match with the terms of offer’. The given statement
is known as:

a. Doctrine of Promissory Estoppel

b. Doctrine of Privity of Contract
c. Mirror Rule
d. Postal Rule.
Answer: (c)

39. Which of the following judgments related to postal rule in a contract?

a. Central Inland Water Transport Corpn v. Brojo Nath Ganguly, AIR 1986 SC 1571
b. Kanchan Udyog Ltd. v. United Spirits Ltd., (2017) 8 SCC 237
c. Energy Watchdog v. Central Electricity Regulatory Commission, (2017) 14 SCC 80
d. Bhagwandas Goverdhandas Kedia v. M/s. Girdharilal Parshottamdas, AIR 1966 SC
543.
Answer: (d)

40. Based on the given excerpt, which of the following is correct?

a. If the acceptance is conditional, offer can be withdrawn at any moment until absolute
acceptance has taken place
b. If the acceptance is conditional or is not final, then there is a concluded contract
c. If there is no concluded contract, still the liability to pay damages may arise
d. If the acceptance is conditional, offer cannot be withdrawn at any moment until
absolute acceptance has taken place.
Answer: (a)

41. The University sent a letter regarding the offer of appointment to Mr. X at his
postal address on June 10, 2021. However, Mr. X received a lead about the dispatch
of offer of appointment from his friend, Mr. Y, who is an employee of the University.
Upon knowing about the offer, Mr. X sent his acceptance through e-mail at the
official e-mail id of the University. Later, due to restrictions guidelines issued by the
appropriate authority during the COVID-19 pandemic, Mr. X failed to receive the
letter sent by the University whereas, it was specifically mentioned that the
communication for acceptance was to be sent in writing through postal service at the
official address of the University and no other mode of communication would be
accepted. Based on the given facts, which of the following is correct?
a. Acceptance before completion of delivery of offer is valid
b. Acceptance before completion of delivery of offer is not valid
c. A contract is always valid irrespective of completion of offer
d. Acceptance by Mr. X results in a valid contract.
Answer: (b)

42. Which of the following is correct about acceptance of offer in a contract?

a. The intention of the offeree to accept may or may not be expressed with such
certainty
b. An absolute and unqualified acceptance can never be inferred from the conduct of
the offeree
c. When there is a variation between the offer and acceptance even in respect of any
material term, acceptance can be said to be absolute and it results in the formation
of a legal contract
d. An absolute and unqualified acceptance may be inferred from the conduct of the
offeree.
Answer: (d)

The right to self-determination and bodily integrity has been recognised by the
Supreme Court of India. The right to execute an Advance Medical Directive is
nothing but a step towards protection of the aforesaid right by an individual, in event
he becomes incompetent to take an informed decision, in particular stage of life. It
has to be recognised by all including the States that a person has right to execute an
Advance Medical Directive to be utilised to know his decision regarding manner and
extent of medical treatment given to his body, in case he is incapacitated to take an
informed decision. Such right by an individual does not depend on any recognition or
legislation by a State and we are of the considered opinion that such rights can be
exercised by an individual in recognition and in affirmation of his right of bodily
integrity and self-determination which are duly protected under Article 21 of the
Constitution. The procedure and manner of such expression of such right is a
question which needs to be addressed to protect the vulnerable, infirm and old from
any misuse. It is the duty of the State to protect its subjects especially those who are
infirm, old and need medical care. The duty of doctor to extend medical care to the
patients, who come to them in no manner diminishes in any manner by recognition of
concept that an individual is entitled to execute an Advance Medical Directive. The
physicians and medical practitioners treating a person, who is incompetent to
express an informed decision have to act in a manner so as to give effect to the
express wishes of an individual. 43. Based on the given excerpt, which of the
following judgments relates to euthanasia?

a. Common Cause v. Union of India, (2018) 5 SCC 1

b. Santosh Singh v. Union of India, (2016) 8 SCC 253
c. Anuj Garg v. Hotel Association of India, (2008) 3 SCC 1
d. Madhu Kishwar v. State of Bihar, (1996) 5 SCC 125.
Answer: (a)

44. Based on the given excerpt, which of the following is not correct regarding
an Advance Medical Directive?

a. The purpose and object is to express the choice of a person regarding medical
treatment in an event when he loses capacity to take a decision
b. Right of execution by an individual does not depend on any recognition or legislation
by a state
c. It is also known as a living will
d. Right of execution by an individual depends on recognition or legislation by a state.
Answer: (d)

45. Which of the following is not correct as per the Supreme Court judgment in
Gian Kaur v. State of Punjab, [(1996) 2 SCC 648]?

a. Right to life does not include right to die

b. Right to life is a natural right embodied in Article 21 but suicide is an unnatural
termination or extinction of life, and therefore, incompatible and inconsistent with the
concept of right to life.
c. Section 309 of the Indian Penal Code, 1860 was held constitutional
d. Right to life includes right to die.
Answer: (d)

46. In the judgment referred in the excerpt, which of the following was not held
by the Supreme Court of India?

a. A person of competent mental faculty is entitled to execute an Advance Medical

Directive in accordance with the safeguards
b. An adult human being having mental capacity to take an informed decision has right
to refuse medical treatment including withdrawal from life saving devices
c. An adult human being having mental capacity to take an informed decision has no
right to refuse medical treatment including withdrawal from life saving devices
d. In case of incompetent patients, ‘the best interest principle’ will be applied and such
decision will be taken by specified competent medical experts.
Answer: (c)

47. Which of the following judgments does not relate to the constitutionality of
right to die?

a. Aruna Ramchandra Shanbaug v. Union of India, (2011) 4 SCC 454

b. D.S. Grewal v. Vimi Joshi, (2009) 2 SCC 210
c. Maruti Shripati Dubal v. State of Maharashtra, 1986 SCC OnLine Bom 278
d. Rathinam v. Union of India, (1994) 3 SCC 394.
Answer: (b)

48. Which of the following is not correct regarding passive euthanasia as per
the judicial precedents in India?

a. It is legally permissible in India

b. It is legally not permissible in India
c. Passive euthanasia entails withholding of medical treatment for continuance of life
d. Passive euthanasia is to avoid a prolonged agony.
Answer: (b)

Courts must be open both in the physical and metaphorical sense. Save and except
for in -camera proceedings in an exceptional category of cases, such as cases
involving child sexual abuse or matrimonial proceedings bearing on matters of
marital privacy, our legal system is founded on the principle that open access to
courts is essential to safeguard valuable constitutional freedoms. The concept of an
open court requires that information relating to a court proceeding must be available
in the public domain. An open court proceeding ensures that the judicial process is
subject to public scrutiny. Public scrutiny is crucial to maintaining transparency and
accountability. However, there are certain exceptions to the rule of open courts in
India. While emphasizing the importance of public trial, it cannot be overlooked that
the primary function of the judiciary is to do justice between the parties who bring
their causes before it. If a Judge trying a cause is satisfied that the very purpose of
finding truth in the case would be retarded, or even defeated if witnesses are
required to give evidence subject to public gaze, is it or is it not open to him in
exercise of his inherent power to hold the trial in camera either partly or fully? If the
primary function of the court is to do justice in causes brought before it, then on
principle, it is difficult to accede to the proposition that there can be no exception to
the rule that all causes must be tried in open court. The exceptions must be
exercised with great caution and it is only if the court is satisfied beyond a doubt that
the ends of justice themselves would be defeated if a case is tried in open court that
it can pass an order to hold the trial in camera. 49. In which of the following cases
the Supreme Court of India held, “… even if the press is present, if individual
members of the public are refused admission, the proceedings cannot be
considered to go on in open courts”?

a. State of Maharashtra v. Dr. Praful B. Desai, (2003) 4 SCC 601

b. A.M Mathur v. Pramod Kumar Gupta, (1990) 2 SCC 533
c. Mohammed Shahabuddin v. State of Bihar, (2010) 4 SCC 653
d. Raghubir Saran v. State of Bihar, (1964) 2 SCR 336.
Answer: (c)
 50. In which of the following cases did the Supreme Court of India, while
noting that live -streaming of court cases is an extension of the principle of
open courts, remarked, “sunlight is the best disinfectant”?

a. Swapnil Tripathi v. Supreme Court of India, (2018) 10 SCC 639

b. Chief Election Commissioner of India v. M.R. Vijayabhaskar, 2021 SCC OnLine SC
364
c. M.K. Ranjitsinh v. Union of India, 2021 SCC OnLine SC 326
d. Aparna Bhat v. State of Madhya Pradesh, 2021 SCC OnLine SC 230.
Answer: (a)

Click Here for Online Mock Tests and Solve Live

51. Which of the following statements is true regarding significance of open
courts?

a. It is pertinent that the public be informed regarding the working of courts of justice
b. Public trial in open court is detrimental to healthy, objective and fair administration of
justice
c. Trial held subject to the public scrutiny and gaze is conducive to judicial caprice or
vagaries
d. Publicity is the very soul of justice as it keeps the Judge himself while trying under
trial.
Answer: (d)

52. Which of the following statements is not true regarding the applicability of
rule of open courts?

a. Fair administration of justice is a means to ensure public trial, not an end

b. In case of a conflict between fair administration of justice and public trial, public trial
may have to be regulated in the interest of administration of justice
c. Open court principle is not an inflexible and universal rule
d. Exceptions to rule of open courts ensure that justice is never defeated.
Answer: (a)

53. Which of the following provisions of Cr.P.C. provides that as a general rule,
criminal courts shall be deemed to be open courts?

a. Section 237(1)
b. Section 353(1)
c. Section 327(1)
d. Section 274(1).
 Answer: (c)

54. The prevalence of which of the following among public is/are obstacles to
the effective implementation of the open court principle?

a. Technological dexterity
b. Lack of knowledge gained during court proceedings
c. Lack of awareness about court proceedings
d. Both (a) and (b).
Answer: (c)

Judges can play a significant role in ridding the justice system of harmful
stereotypes. They have an important responsibility to base their decisions on law
and facts in evidence, and not engage in gender stereotyping. The Supreme Court of
India observed that recently, the Courts across the country, have started imposing
irrelevant conditions while granting bail. The conditions that can be imposed under
the law are clearly laid down in the Code of Criminal Procedure, 1973 and by the
Supreme Court through its various decisions. Accordingly, it is clear that imposing
conditions like rendering community service in COVID hospitals or in any other
institution, plantation of trees, contributing to any particular charity relief fund, etc. is
impermissible in law. While deciding a bail application, accused cannot assume the
role of a social reformer or fund raiser for charities and imposed with conditions
which have no nexus with the offence or relevance with the object of the bail
provisions. During pendency of the trial accused is presumed innocent and his guilt
is yet to be adjudicated by the Court. Imposing irrelevant conditions is violative of the
right to equality and personal liberty, including procedure established by law. Such
wide prevalence necessitates the urgent intervention of the court to declare that such
remarks are unacceptable and have the potential to cause grave harm to the
prosecutrix and the society at large; and to issue directions on gender sensitization
of the bar and the bench, particularly with regard to judicial empathy for the
prosecutrix…judicial stereotyping is a common and pernicious barrier to justice,
particularly for women victims and survivors of violence. Such stereotyping causes
judges to reach a view about cases based on preconceived beliefs, rather than
relevant facts and actual enquiry. This requires judges to identify gender
stereotyping, and identify how the application, enforcement or perpetuation of these
stereotypes discriminates against women or denies them equal access to justice. 55.
The review of the given excerpt highlights the prevailing problem of:

a. Imposing non-statutory conditions by the courts while granting bail applications

b. Lack of gender sensitization of the bar and the bench, particularly with regard to
judicial empathy for the prosecutrix
c. Both (a) and (b)
d. Judges are not aware about the bail provisions.
Answer: (c)
 56. Consider the following statements: (I) Judges play a vital role at all levels as
teachers to the entire legal community and the public. (II) Courts should desist from
expressing any gender stereotyped opinion during proceedings or in the course of a
judicial order. Choose the correct answer from the code given below.

a. Both (I) and (II) are true

b. Both (I) and (II) are untrue
c. (I) is true and (II) is untrue
d. (II) is true and (I) is untrue.
Answer: (a)

57. Which of the following conditions cannot be imposed by the court for
granting bail?

a. Conditions prescribed under the Code of Criminal Procedure, 1973 f or granting bail
b. Conditions in conformity with the guidelines laid down by the Supreme Court for
granting bail
c. Conditions which suit the case after examining the credibility and culpability of the
accused with the subjective satisfaction of the judge granting bail
d. Both (b) and (c).
Answer: (c)

58. Imposing irrelevant conditions which have no nexus with the offense or
relevance to the object of the bail provisions may violate:

a. Right to equality
b. Right to life and personal liberty
c. Judicial independence
d. Both (a) and (b).
Answer: (d)

59. Which of the following is not a gender stereotyped statement?

a. Women are emotional and often overreact or dramatize events, hence it is

necessary to corroborate their testimony
b. Lack of evidence of physical harm in sexual offence cases leads to an inference of
consent by the woman
c. Men are the head of the household and should take all the decisions relating to
family
d. Women are capable of taking decisions on their own.
Answer: (d)
 60. Consider the following statements: (I) Judicial stereotyping adds to judicial
decision a view based on real social facts and cultural enquiry. (II) Judicial
stereotyping is a barrier to justice, particularly for women victims. Choose the
correct answer from the code given below.

a. Both (I) and (II) are true

b. Both (I) and (II) are untrue
c. (I) is true and (II) is untrue
d. (II) is true and (I) is untrue.
Answer: (d)

Section 311 of the Code of Criminal Procedure, 1973 (CrPC) provides that any Court
may, at any stage of any inquiry, trial or other proceedings under the CrPC, summon
any person as a witness, or examine any person in attendance, though not
summoned as a witness, or recall and re-examine any person already examined and
the Court shall summon and examine or recall and re-examine any such person ‘if
his evidence appears to it to be essential to the just decision of the case’. The true
test, therefore, is whether it appears to the Court that the evidence of such person
who is sought to be recalled is essential to the just decision of the case. The scope
and object of the provision is to enable the court to determine the truth and to render
a just decision after discovering all relevant facts and obtaining proper proof of such
facts, to arrive at a just decision of the case. Power must be exercised judiciously
and not capriciously or arbitrarily, as any improper or capricious exercise of such
power may lead to undesirable results. The power conferred under Section 311 of
the CrPC must therefore, be invoked by the court only in order to meet the ends of
justice, for strong and valid reasons, and the same must be exercised with great
caution and circumspection. 61. In which of the following cases the Supreme
Court of India held that an application under Section 311 of the Code of
Criminal Procedure, 1973 could not be rejected on the sole ground that the
case had been pending for an inordinate amount of time, in that case, for ten
years?

a. Mina Lalita Baruwa v. State of Orissa, (2013) 16 SCC 173

b. Manju Devi v. State of Rajasthan, (2019) 6 SCC 203
c. Natasha Singh v. Central Bureau of Investigation, (2013) 5 SCC 741
d. Rajaram Prasad Yadav v. State of Bihar, (2013) 14 SCC 461.
Answer: (b)

62. The power conferred upon a criminal court by Section 311 of the Code of
Criminal Procedure, 1973 is:

a. Mandatory
b. Discretionary
c. Permissive
d. Both (b) and (c).
Answer: (d)

63. If it appears to the court that an application under Section 311 of the Code
of Criminal Procedure, 1973 has been filed only to fill up a lacuna in the case
of the prosecution or the defence, should the court allow such application?

a. Yes
b. No
c. Depends on the evidence adduced in the case
d. Depends on the facts of the case.
Answer: (b)

64. In which of the following circumstances should an application under

Section 311 of the Code of Criminal Procedure, 1973 be allowed by the court?

a. When allowing the application enables the court to determine the truth and to render
a just decision
b. When allowing the application causes serious prejudice to the defence of the
accused
c. When allowing the application gives an unfair advantage to the opposite party
d. Both (a) and (b).
Answer: (a)

65. Section 311 of the Code of Criminal Procedure, 1973 imposes a duty on the
Court to:

a. Determine the truth after discovering all relevant facts and obtaining proper proof of
such facts
b. Render a just decision after discovering all relevant facts and obtaining proper proof
of such facts
c. Discover all relevant facts and obtain proper proof of such facts
d. Simultaneously determine the truth and render a just decision.
Answer: (d)

66. When a court summons any person as a witness upon allowing an

application made by the accused under Section 311 of the Code of Criminal
Procedure, 1973, which of the following statements is correct?

a. An opportunity of rebuttal must not be given to the prosecution

b. An opportunity of rebuttal must be given to the prosecution
c. There is no question of rebuttal as the witness has been summoned by the court
d. Whether opportunity of rebuttal is given to the prosecution or not is matter of
discretion of the court.
Answer: (b)

Torture is a form of crudity and a barbarity which appals modern civilisation. The
right to freedom from torture is enshrined in number of human rights instruments
which provide for protection of all individuals from being intentionally subjected to
severe physical or psychological distress by, or with the approval or acquiescence of
government agents acting for a specific purpose, such as to obtain information. The
issues of fake encounters; illegal, unjustified and unwarranted arrests without any
valid ground; eliciting confession from innocent persons for offences which they have
never committed, by way of custodial violence; etc., have always been subject-
matters of consideration by the Indian courts. Police atrocities in India had always
been a subject-matter of controversy and debate. In view of the provisions of Article
21 of the Constitution of India, any form of torture or cruel, inhuman or degrading
treatment is inhibited. Torture is not permissible whether it occurs during
investigation, interrogation or otherwise. The State must protect victims of torture
and ill-treatment. Therefore, the State must ensure prohibition of torture, cruel,
inhuman and degrading treatment to any person, particularly at the hands of any
State agency/police force. Tolerance of police atrocities amounts to acceptance of
systematic subversion and erosion of the rule of law. 67. India has _________ the
United Nations Convention Against Torture and other Cruel, Inhuman or
Degrading Treatment or Punishment (1987).

a. Signed and ratified

b. Signed but not ratified
c. Not signed
d. Passed a resolution to ratify.
Answer: (b)

68. Which of the following is the legislation proposed by the Law Commission
of India through its Report No. 273 on ‘Implementation of United Nations
Convention against Torture and other Cruel, Inhuman and Degrading
Treatment or Punishment through Legislation’ in October 2017?

a. The Prevention of Torture Bill, 2017

b. The Prohibition of Torture and other Cruel, Inhuman and Degrading Treatment or
Punishment Bill, 2017
c. The United Nations Convention against Torture and other Cruel, Inhuman and
Degrading Treatment or Punishment (Implementation) Bill, 2017.
d. The Prohibition of Custodial Torture Bill, 2017
Answer: (a)
 69. Which of the following provisions of the Constitution of India provide for
protection of persons from torture, other cruel, inhuman and degrading
treatment?

a. Article 20(3) and Article 21

b. Article 21 and Article 22(1)
c. Article 21 and Article 22(2)
d. Article 20(3), Article 21, Article 22(1) and Article 22(2).
Answer: (d)

70. In which of the following cases did the Supreme Court of India, while
dealing with a case in which a successful scientist having national reputation
had been taken into police custody without any justifying cause, reprimanded
the lackadaisical attitude of the police for the arrest which made the scientist
to suffer ignominy, and awarded compensation of Rs.50 lakhs “to compensate
the suffering, anxiety and the treatment by which the quintessence of life and
liberty under the Constitution withers away”?

a. Sheela Barse v. State of Maharashtra, (1983) 2 SCC 96

b. State of Andhra Pradesh v. Challa Ramakrishna Reddy, (2000) 5 SCC 712
c. Nambi Narayanan v. Siby Mathews, (2015) 14 SCC 664
d. State of Andhra Pradesh v. N. Venugopal, AIR 1964 SC 33.
Answer: (c)

71. Which of the following statements is true regarding ‘arrest’ and ‘custody’?

a. In every custody, there is arrest but not vice versa, and both the words ‘custody’ and
‘arrest’ are not synonymous terms
b. In every custody, there is arrest but not vice versa, and both the words ‘custody’ and
‘arrest’ are interchangeable terms
c. In every arrest, there is custody but not vice versa, and both the words ‘custody’ and
‘arrest’ are not synonymous terms
d. In every arrest, there is custody but not vice versa, and both the words ‘custody’ and
‘arrest’ are interchangeable terms.
Answer: (c)

72. In which of the following cases did the Supreme Court of India, while
dealing with the case of a social activist who agitated against the issue of
exploitation of people belonging to poor and marginalised sections of the
society and was falsely roped in criminal cases, arrested and physically
assaulted in police custody, noted, “If the functionaries of the Government
become law-breakers, it is bound to breed contempt for law and would
 encourage lawlessness and every man would have the tendency to become
law unto himself thereby leading to anarchy.”?

a. Mehmood Nayyar Azam v. State of Chhattisgarh, (2012) 8 SCC 1.

b. Ramlila Maidan Incident, In re, 2012 (5) SCC 1.
c. Anuradha Bhasin v. Union of India, (2020) 3 SCC 637.
d. Nisha Priya Bhatia v. Union of India, (2020) 13 SCC 56.
Answer: (a)

Conceptually, extradition is a rather complex jurisprudential zone as it has

encompassed within itself various trajectories of apparently conflicting ideas.
Generally, a State’s criminal jurisdiction extends over offences committed within its
geographical boundaries but it is the common experience of all the countries that
often a criminal committing an offence in one country flees to another country and
thus seeks to avoid conviction and the consequential punishment. This poses a
threat in all civilised countries to a fair adjudication of crime and sustaining the
constitutional norms of rule of law. To remedy such anomalous and unjust situation,
extradition has been evolved by way of international treaty obligation which ensures
a mode of formal surrender of an accused by one country to another based on
reciprocal arrangements. In India, extradition has not been defined under the
Extradition Act, 1962. However, extradition has been defined as: ‘… the surrender by
one nation to another of an individual accused or convicted of an offence outside of
its own territory, and within the territorial jurisdiction of the other, which, being
competent to try and to punish him, demands the surrender.’ But extradition is
different from deportation by which competent State authorities order a person to
leave a country and prevent him from returning to the same territory. Extradition is
also different from exclusion, by which an individual is prohibited from staying in one
part of a sovereign State. Both deportation and exclusion basically are
non[1]consensual exercise whereas extradition is based on a consensual treaty
obligation between the requesting State and the requested State. 73. Which of the
following is the underlying basis for extradition?

a. It is in the interest of civilised communities that criminals should not go unpunished

b. It is recognised as a part of the comity of nations that one State should ordinarily
afford to another State assistance towards bringing offenders to justice
c. It is unjust to surrender to a foreign country a person accused of having committed a
crime there for trial in accordance with the system for the administration of justice
prevailing in that country because that system is substantially different
d. Both (a) and (b).
Answer: (d)

74. According to the provisions of the Extradition Act, 1962, where there is no
extradition treaty made by India with a foreign State, which of the following is
correct?
a. The Central Government may, by notified order, treat any Convention to which India
and the foreign State are parties, as an extradition treaty made by India with that
foreign State
b. The Central Government may, by law, treat any Convention to which India is a party,
as an extradition treaty made by India with that foreign State
c. The Central Government may, by notified order, treat the pari materia provisions of
the statutes of both States relating to extradition, as an extradition treaty made by
India with that foreign State
d. Extradition is not permissible.
Answer: (a)

75. Because of the negative attitude of _________on the subject of extradition,

it is by and large dealt with by bilateral treaties.

a. Multilateral treaties
b. Customary international law
c. Jus cogens
d. General principles of international law.
Answer: (b)

76. Which of the following rules is generally followed in extradition by the

requested State vis-à-vis the nature of criminal justice system in the
requesting State?

a. Rule of reciprocity
b. Rule of non-inquiry
c. Rule of specialty
d. Rule of double criminality.
Answer: (b)

77. “Whether or not the fugitive who has been extradited would have a
standing to complaint of the judicial process in the requesting State after
extradition has been done, independent of the position taken by the requested
State, is a debatable issue.” The given statement relates to the debates in
international law concerning_________

a. The position of an individual as a subject of international law, and the obligation of

States towards individuals
b. The position of State as a subject of international law, and the obligation of
individuals in international law
c. The position of an individual as a subject of State, and the obligation of States in
international law
d. The position of an individual as a subject of international law, and the obligation of
individuals not in domestic law.
Answer: (a)

78. According to the given passage, which of the following is not a similarity
between ‘deportation’ and ‘exclusion’?

a. Both are non-consensual exercises and not consensual treaty obligations

b. Both relate to ordering a person to move outside a territory
c. Both are precursors to extradition
d. Both are acts of sovereign States.
Answer: (c)

It is well settled that while taking a decision regarding custody or other issues
pertaining to a child, welfare of the child is of paramount consideration, not rights of
the parents under a statute for the time being in force. In Rosy Jacob v. Jacob A.
Chakramakkal, [(1973) 1 SCC 840], the Court held that object and purpose of the
Guardians and Wards Act 1890 is not merely physical custody of the minor but due
protection of the rights of ward’s health, maintenance and education. In considering
the question of welfare of minor, due regard has to be given to the right of the father
as natural guardian, but if the custody of the father cannot promote the welfare of the
children, he may be refused such guardianship. The word “welfare” has to be
construed literally and must be taken in its widest sense. The moral and ethical
welfare of the child must also weigh with the court as well as its physical well-being.
Though the provisions of the special statutes which govern the rights of the parents
or guardians may be taken into consideration, there is nothing which can stand in the
way of the court exercising its parens patriae jurisdiction arising in such cases. Every
child has right to proper health and education and it is the primary duty of the parents
to ensure that child gets proper education. The courts in exercise of parens patriae
jurisdiction have to decide such delicate questions. It has to consider the welfare of
the child as of paramount importance taking into consideration other aspects of the
matter including the rights of parents also. 79. In which of the following judgments
was the constitutionality of Section 6(a) of the Hindu Minority and
Guardianship Act, 1956 challenged?

a. Lily Thomas v. Union of India, (2000) 6 SCC 224

b. Narayan Ganesh Dastane v. Sucheta Narayan Dastane, 1975 SCR (3) 967
c. Githa Hariharan v. Reserve Bank of India, (1999) 2 SCC 228
d. Bipin Chander Jaisinghbhai Shah v. Prabhawati, 1956 SCR 838.
Answer: (c)

80. The natural guardian of a Hindu minor is:

a. Neither father nor mother

b. Both father and mother
c. Mother
d. Father.
Answer: (d)

81. Which of the following judgments does not relate to the welfare of minor
being of paramount consideration?

a. Mausami Moitra Ganguli v. Jayant Ganguli, (2008) 7 SCC 673

b. Revanasiddappa v. Mallikarjun, (2011) 11 SCC 1
c. Gaurav Nagpal v. Sumedha Nagpal, (2009) 1 SCC 42
d. Jitender Arora v. Sukriti Arora, (2017) 3 SCC 726.
Answer: (b)

82. The natural guardian of an adopted child as per Hindu law is:

a. Adoptive father
b. Adoptive mother
c. Adoptive father and adoptive mother
d. Neither adoptive father nor adoptive mother.
Answer: (a)

83. Which of the following is not correct regarding the parens patriae
jurisdiction?

a. It is to secure the welfare of minor

b. Welfare of minor is of paramount consideration
c. It is not to secure the welfare of minor
d. Court is called upon in parens patriae to decide the best interest of the child.
Answer: (c)

84. Which of the following judgments relates to the concept of shared

parenting?

a. Yashita Sahu v. State of Rajasthan, (2020) 3 SCC 67

b. Anurag Mittal v. Shaily Mishra Mittal, (2018) 9 SCC 691
c. Amardeep Singh v. Harveen Kaur, 2017 (8) SCC 746
d. Babu Ram v. Santokh Singh, (2019) 14 SCC 162.
Answer: (a)
 A question regarding the scope of Section 212 of the Companies Act, 2013 was
considered in Serious Fraud Investigation Office v. Rahul Modi, [2019 SCC OnLine
SC 423]. The court observed that the Central Government is empowered under
Section 212(1)(c) of the Companies Act, 2013 to order investigation into the affairs of
a company in public interest by the Serious Fraud Investigation Office (SFIO).
Section 212(3) of the Companies Act provides that the investigation orders are
required to be completed within the specified time. If it not so done, what should be
the consequences and whether further proceedings or investigations shall be
unlawful. The provision has to be seen in the context in which it occurs in the statute.
Therefore, the stipulation of Section 212(3) regarding submission of the report ‘within
such period as may be specified in the order’ is not to be taken as mandatory, but as
purely directory. On the objective interpretation of the statutory provision, it cannot
be said that on the expiry of that period the mandate in favour of SFIO must come to
an end. If it was to come to an end, the legislation would have contemplated certain
results thereof. In the absence of any clear stipulation, an interpretation that with the
expiry of the period, the investigation must come to an end, will cause great violence
to the scheme of legislation and with the expiry of mandate SFIO would also be
powerless which would lead to an incongruous situation that serious frauds would
remain beyond investigation. 85. As per the provision of Section 211(3) of the of
the Companies Act, 2013, Director of Serious Fraud Investigation Office, shall
be an officer not below the rank of a Joint Secretary to the Government of
India having knowledge and experience in dealing with matters relating to
corporate affairs. The nature of the provision is:

a. Mandatory
b. Purely directory
c. Elective
d. Non-binding.
Answer: (a)

86. Which principle of interpretation has been adopted by the court for the
interpretation of Section 212(3) of the Companies Act, 2013?

a. Literal
b. Liberal
c. Strict
d. Both (a) and (c).
Answer: (b)

87. The court has considered that the investigation beyond the time prescribed
in the order of investigation shall be:

a. Void
b. Valid
c. Irregular
d. Unconstitutional.
Answer: (b)

88. As per the given excerpt, a strict interpretation of expression ‘within such
period as may be specified in the order’ will:

a. Attain the intention of the legislation

b. Defeat the intention of the legislation
c. Not prejudice the functions of the Serious Fraud Investigation Office
d. Both (a) and (c).
Answer: (b)

89. Considering the expression of Section 212(6) of the Companies Act, 2013,
an offence under Section 447 of the Companies Act, 2013 shall be:

a. Cognizable
b. Non-cognizable
c. Non-bailable
d. Both (a) and (c).
Answer: (d)

90. The expression ‘officers and employees’ under Section 212(5) of the of the
Companies Act, 2013 denotes:

a. Existing employees of the company

b. Person who has been in employment of the company
c. Persons who are or who have been in employment of the company
d. Only directors of the company.
Answer: (c)

The Supreme Court judgment in B. Singh v. Union of India, [(2004) 3 SCC 363] held,
when there is material to show that a petition styled as a public interest litigation is
nothing but a camouflage to foster personal disputes, the said petition is to be thrown
out. Public interest litigation (PIL) which has now come to occupy an important field
in the administration of law should not be ‘publicity interest litigation’ or ‘private
interest litigation’ or ‘politics interest litigation’ or the latest trend ‘paise income
litigation’. If not properly regulated and abuse averted, it may become a tool in
unscrupulous hands to release vendetta and wreak vengeance, as well. There must
be real and genuine public interest involved in the litigation and not merely an
adventure of a knight errant borne out of wishful thinking. It cannot be invoked by a
person or a body of persons to further his or their personal causes or satisfy his or
their personal grudge and enmity. A person acting bona fide and having sufficient
interest in the proceeding of public interest litigation will alone have a locus standi
 and can approach the court to wipe out violation of fundamental rights and genuine
infraction of statutory provisions, but not for personal gain or private profit or political
motive or any oblique consideration. The expression ‘PIL’ means a legal action
initiated in a court of law for the enforcement of public interest or general interest in
which the public or a class of the community have pecuniary interest or some
interest by which their legal rights or liabilities are affected. Public interest litigation is
a weapon which has to be used with great care and circumspection and the judiciary
has to be extremely careful to see that behind the beautiful veil of public interest an
ugly private malice, vested interest and/or publicity-seeking is not lurking. 91. Which
of the following is not correct in relation to a Public Interest Litigation?

a. It contemplates legal proceedings for vindication or enforcement of fundamental

rights of a group of persons or community which are not able to enforce their
fundamental rights on account of their incapacity, poverty or ignorance of law
b. A person invoking the jurisdiction of the Supreme Court under Article 32 must
approach the court for the vindication of the fundamental rights of affected persons
c. Recourse to a proceeding under Article 32 may or may not be taken by a genuinely
interested person in protection of society on behalf of community
d. Personal interest, grudge or enmity cannot be enforced through the process of the
court, preventing speedy remedy to the other genuine petitioners from the court.
Answer: (c)

92. In which of the following judgments, the public trust doctrine was
discussed by the Supreme Court of India?

a. Charu Khurana v. Union of India, (2015) 1 SCC 192

b. Vishaka v. State of Rajasthan, (1997) 6 SCC 241
c. Ashok Kumar Pandey v. State of West Bengal, (2004) 3 SCC 349
d. M.C. Mehta v. Union of India, (1997) 1 SCC 388.
Answer: (d)

93. Which of the following issues of public interest is raised in Dipika Jagatram
Sahani v. Union of India, [(2021) 2 SCC 740]?

a. Challenge to election symbol of a political party

b. Reopening and providing services of Anganwadi Centres in India
c. Working conditions of children in factories
d. Pollution caused by industries.
Answer: (b)

94. Which of the following is not correct regarding the locus standi in a Public
Interest Litigation?
a. Only an affected and vulnerable person can approach the court for remedy
b. The principle of dominus litus does not apply to a public interest litigation
c. The public interest litigation is strictly not adversarial since the emphasis is on public
good
d. A public interest litigation can be filed by any member of the society for larger public
interest.
Answer: (a)

95. “If a citizen is no more than a wayfarer or officious intervener without any interest
or concern beyond what belongs to any one of the 660 million people of this country,
the door of the court will not be ajar for him. But, if he belongs to an organisation
which has special interest in the subject-matter, if he has some concern deeper than
that of a busybody, he cannot be told off at the gates, although whether the issue
raised by him is justiciable may still remain to be considered.” In context of this
statement, which of the following judgments stated this regarding the rights of
workers in India?

a. Malik Brothers v. Narendra Dadhich, (1999) 6 SCC 552

b. Rural Litigation and Entitlement Kendra v. State of Uttar Pradesh, 1989 Supp (1)
SCC 504
c. Fertilizer Corpn. Kamgar Union v. Union of India, (1981) 1 SCC 568
d. Sheela Barse v. Union of India, (1988) 4 SCC 226.
Answer: (c)

96. Which of the following public interest litigations is related to proper

maintenance of cultural heritage of India as also the ecology in the
surrounding areas of Taj Mahal?

a. M.C. Mehta v. Union of India, (1999) 6 SCC 237

b. M.C. Mehta v. Union of India, (2008) 1 SCC 407
c. M.C. Mehta v. Union of India, (1991) 2 SCC 137
d. M.C. Mehta v. Union of India, (2016) 4 SCC 269.
Answer: (b)

The Supreme Court has observed that in international human rights law, equality is
founded upon two complementary principles: non-discrimination and reasonable
differentiation. The principle of non-discrimination seeks to ensure that all persons
can equally enjoy and exercise all their rights and freedoms. Discrimination occurs
due to arbitrary denial of opportunities for equal participation. Equality not only
implies preventing discrimination (example, the protection of individuals against
unfavourable treatment by introducing anti-discrimination laws), but goes beyond in
remedying discrimination against groups suffering systematic discrimination in
society. In concrete terms, it means embracing the notion of positive rights,
 affirmative action and reasonable accommodation. The move from the patronising
and paternalistic approach to persons with disabilities represented by the medical
model to viewing them as members of the community with equal rights has also
been reflected in the evolution of international standards relating specifically to
disabilities, as well as in moves to place the rights of persons with disabilities within
the category of universal human rights. Disabled people no longer see their physical
or mental limitations as a source of shame or as something to overcome in order to
inspire others. What non-disabled people do not understand is that people with
disabilities also have some rights, hopes and aspirations as everyone else. They do
not want to depend on others. For this they want the proper environment to grow. It
is the thinking of Disability Rights Movement, USA that it is not so much the disabled
individual who needs to change, but the society. 97. A ‘person with disability’ as
per the Rights of Persons with Disabilities Act, 2016 means:

a. A person with long term physical, intellectual or sensory impairment which, in

interaction with barriers, hinders his full and effective participation in society equally
with others
b. A person with long term physical, mental, or sensory impairment which, in interaction
with barriers, hinders his full and effective participation in society equally with others
c. A person with long term mental, intellectual or sensory impairment which, in
interaction with barriers, hinders his full and effective participation in society equally
with others
d. A person with long term physical, mental, intellectual or sensory impairment which, in
interaction with barriers, hinders his full and effective participation in society equally
with others.
Answer: (d)

98. Which of the following judgments held that heart ailment is not a disability
covered under the ambit of Rights of Persons with Disabilities Act, 2016?

a. Shanti Devi v. Union of India, (2020) 19 SCC 766

b. Rachna v. Union of India, 2021 SCC OnLine SC 140
c. Nawal Kishore Sharma v. Union of India, 2021 SCC OnLine SC 74
d. Harshit Agarwal v. Union of India, (2021) 2 SCC 710.
Answer: (c)

99. Based on the given excerpt, which of the following judgments deals with
the rights of disabled persons?

a. Jeeja Ghosh v. Union of India, (2016) 7 SCC 761

b. Bharatha Matha v. R. Vijaya Renganathan, (2010) 11 SCC 483
c. Seema v. Ashwani Kumar, (2006) 2 SCC 578
d. Vidyadhari v. Sukharana Bai, (2008) 2 SCC 238.
 Answer: (a)

100. Which of the following is not correct as per the Supreme Court judgment
in Vikash Kumar v. Union Public Service Commission, [2020 SCC OnLine SC
1119]?

a. In India, as reflected by the policy disconnect in this case, there is often a lack of
involvement of the disabled in such decision making processes, leading to their voice
not being heard and their grievances remaining unaddressed
b. Consultation with persons with disabilities and their involvement in decision making
about matters affecting their lives is necessary to bring about any meaningful change
in the realization of their rights
c. Broader directions were provided to the Ministry of Social Justice and Empowerment
of the Union Government to ensure the framing of proper guidelines which would
regulate and facilitate the grant of a facility of a scribe to persons with disability
d. Persons with disability are required to bear the costs of the accommodation.
Answer: (b)

101. Which of the following issues was raised in Union of India v. M.

Selvakumar, [(2017) 3 SCC 504]?

a. Special reservation in favour of persons suffering from heart ailments

b. Special reservation in favour of physically handicapped persons
c. Special reservation in favour of mentally challenged persons
d. Special reservation in favour of physically handicapped and mentally challenged
persons.
Answer: (b)

102. A ‘person with benchmark disability’ as per the Rights of Persons with
Disabilities Act, 2016 means a person with not less than ______ per cent of a
specified disability where specified disability has not been defined in
measurable terms and includes a person with disability where specified
disability has been defined in measurable terms, as certified by the certifying
authority.

a. Ten
b. Twenty
c. Thirty
d. Forty.
Answer: (d)

There is a difference between grant of bail under Section 439 of the Code of Criminal
Procedure in case of pre-trial arrest and suspension of sentence under Section 389
 of the Code of Criminal Procedure and grant of bail, post-conviction. In the earlier
case, there may be presumption of innocence, which is a fundamental postulate of
criminal jurisprudence, and the courts may be liberal, depending on the facts and
circumstances of the case, on the principle that bail is the rule and jail is an
exception, as held by the Court in Dataram Singh v. State of UP, [(2018) 3 SCC 22].
However, in case of post-conviction bail, by suspension of operation of the sentence,
there is a finding of guilt and the question of presumption of innocence does not
arise. Nor is the principle of bail being the rule and jail an exception attracted, once
there is conviction upon trial. Rather, the court considering an application for
suspension of sentence and grant of bail, is to consider the prima facie merits of the
appeal, coupled with other factors. There should be strong compelling reasons for
grant of bail, notwithstanding an order of conviction, by suspension of sentence, and
this strong and compelling reason must be recorded in the order granting bail, as
mandated in Section 389(1) of the Code of Criminal Procedure. 103. Which court is
competent to grant bail under Section 439 of the Code of Criminal Procedure?

a. Court of Magistrate
b. Court of Sessions
c. High Court
d. Both (b) and (c).
Answer: (d)

104. Who can file application for cancellation of bail?

a. Public Prosecutor
b. Complainant
c. Both (a) and (b)
d. None of these.
Answer: (c)

105. In which court can application for bail be filed?

a. In the appellate court if the accused is convicted and he prefers appeal against
conviction
b. Revisional court when the accused has filed a revision petition
c. Court of Sessions
d. All of these.
Answer: (d)

106. Expression ‘any person accused of offence and in custody’ used in

Section 439 of the Code of Criminal Procedure means:

a. A person who has been arrested and remanded to police custody

b. A person who has been arrested and remanded to judicial custody
c. A person who is accused of bailable offence and surrenders before the Sessions
court for the purposes of bail
d. All of these.
Answer: (d)

107. Condition embodied in Section 439(1A) regarding the presence of

informant at the time of hearing of bail application in certain sexual offences
was inserted by:

a. Criminal Law (Amendment) Act, 2018

b. Criminal Law (Amendment) Act, 2013
c. Code of Criminal Procedure (Amendment) Act, 2008
d. Criminal Law (Amendment) Act, 2005.
Answer: (a)

108. Which of the following is correct regarding bail under Section 439?

a. Court is mandatorily required to give a notice to the informant within 15 days of the
receipt of application in certain sexual offences mentioned in Section 439
b. Court is required to give a notice to Public Prosecutor within 15 days of the receipt of
application in certain sexual offences mentioned in Section 439
c. Court is not required to give any notice to the Public Prosecutor before granting bail
in case of offences punishable with imprisonment for life
d. Sessions Court has no power to cancel the bail.
Answer: (b)

It is a cardinal principle of the law of contract that acceptance of an offer must be

absolute and it can give no room for doubt. The offer and acceptance must be
founded on three components, viz., ‘certainty’, ‘commitment’ and ‘communication’.
However, when the acceptor puts any new condition while accepting the proposal
already signed by the proposer, the contract is not complete until the proposer
accepts that condition, as held by the Court in Haridwar Singh v. Bagun Sumbrui,
[(1973) 3 SCC 889]. An acceptance with a variation is no acceptance. It is, in effect
and substance, simply a counter-proposal which must be accepted fully by the
original proposer, before a contract is made. 109. In case a contract is entered
into through instantaneous modes of communication, which of the following is
correct?

a. Section 4 of the Indian Contract Act, 1872 is not applicable stricto sensu
b. Section 4 of the Indian Contract Act, 1872 is applicable to acceptance communicated
by instantaneous modes of communication
c. Information Technology Act, 2000 provides rules regarding the time when offer and
acceptance are complete
d. Information Technology Act, 2000 expressly provides for instantaneous mode of
communication for contract
Answer: (a)

110. Goods displayed in a shopping mall with price mentioned against each of
them is an example of ______

a. An offer
b. Counter offer
c. Invitation to offer
d. Acceptance in advance.
Answer: (c)

111. Which of the following statements regarding Section 2(j) of the Indian
Contract Act, 1872 is not true?

a. It deals with the void contract due to ceasing of enforceability by law

b. It deals with the contract which is not void from its inception but later it becomes void
c. It deals with the agreement which is void from its inception
d. It deals with the contract which becomes void from the time of its ceasing of
enforceability by law.
Answer: (c)

112. What is the effect of counter offer?

a. Counter offer leads to rejection of the original offer

b. Counter offer creates a binding contract on the basis of the terms specified in the
counter offer
c. Counter offer creates a legal binding obligation on the basis of the terms of original
offer
d. Counter offer shall be binding on original proposer in the same way as it is made by
him only.
Answer: (a)

113. In order to constitute a valid acceptance of an offer, it must be:

a. Unqualified
b. Conditional
c. Absolute
d. Both (a) and (c).
Answer: (d)

114. To be a legally valid contract, there must be:

a. Offer and acceptance, lawful consideration, intention to create legal relations,

competent parties
b. Offer and acceptance, competent parties, lawful consideration, free consent,
intention to create legal relations
c. Offer and acceptance, lawful object, lawful consideration; free consent
d. Offer and acceptance, lawful consideration, lawful object, free consent, competent
parties, intention to create legal relations.
Answer: (d)

Humans as well as the wildlife are completely dependent upon environment for their
survival. Humans are completely dependent on the environment. Like humans, the
wildlife is also dependent on the environment for its survival and also gets affected
by the environment. The relationship between humans and animals can be
understood by the food-chain and food-web. The wildlife is affected by several
reasons such as population, deforestation, urbanisation, high number of industries,
chemical effluents, unplanned land-use policies, and reckless use of natural
resources, etc. The Directive Principles of State Policy provide that protection and
improvement of environment, safeguarding forest and wildlife have been duly
enjoined upon the Government. Those principles have found statutory expression in
various enactments i.e., the Wildlife (Protection) Act, 1972 and the Environment
Protection Act, 1986 etc. which have been enforced by the court in various
decisions. The inaction of the State to constitutional and statutory duties cannot be
permitted. The Court has to issue appropriate directions to fulfil the mandate. Article
51-A of the Constitution of India provides fundamental duty to protect and preserve
environment, wildlife, etc. 115. Which of the following provisions enjoins duty on
the State to preserve and protect the environment?

a. Article 47
b. Article 48A
c. Article 17
d. Both (a) and (b).
Answer: (b)

116. Under which of the following enactments Noise Pollution (Regulation and
Control) Rules have been enacted?

a. Air (Prevention and Control of Pollution) Act, 1981

b. Environment Protection Act, 1986
c. Both (a) and (b)
d. None of these.
Answer: (c)

117. Which of the following enlists processes generating hazardous wastes?

a. Construction and Demolition Waste Management Rules, 2016

b. Batteries (Management and Handling) Rules, 2001
c. Hazardous Wastes (Management and Transboundary Movement) Rules, 2016
d. All of these.
Answer: (c)

118. The concept of ‘Extended Producer Responsibility’ embodied in

Environment Protection Act, 1986 is based on which of the following
doctrines?

a. Polluter Pays Principle

b. Doctrine of Absolute Liability
c. Doctrine of Vicarious Liability
d. None of these.
Answer: (a)

119. When the Environment (Protection) Act, 1986 came into force?

a. 1st October 1986

b. 19th October 1986
c. 17th November 1986
d. 19th November 1986.
Answer: (d)

120. Which of the following Constitution Amendment Act Inserted Article 48A
in the Constitution of India?

a. Constitution (Forty Fourth Amendment) Act, 1978

b. Constitution (Fortieth Amendment) Act, 1976
c. Constitution (Forty Second Amendment) Act, 1976
d. Constitution (Forty Sixth Amendment) Act, 1982.
Answer: (c)