SAMPLE QUESTIONS Sample Questions for LL.M. Part – I: Constitutional Law and Current Affairs 1. The doctrine of “Basic Structure of the 5. Ordinance can be promulgated by the Constitution” was propounded by the president of India if, Supreme Court of India in A) Both the Houses of Parliament are A) Shankari Prasad v. Union of India, in session AIR 1951 SC 458 B) Both the Houses of Parliament are B) Golaknath v. State of Punjab, AIR not in session 1967 SC 1643 C) Either of theHouses is not in C) Kesavananda v. State of Kerala, AIR session. 1973 SC 1461 D) None of the above. D) Minerva Mills v. Union of India, AIR 1980 SC 1789 6. How many amendments have been 2. The President of India may make a carried out in constitution of India? proclamation under Article 356 as to the A) 109 breakdown of constitutional machinery in B) 106 a State. C) 99 A) When he is personally satisfied as to D) 94 them circumstances. 7. The tenure of Jammu and Kashmir B) When he is advised by the Prime Assembly is Minister to do so. A) 5 Years B) 6 Years C) When he is advised by the Union C) 7 Years D) None of the above Council of Ministers. 8. The attempt to suicide is no more D) When he receives a report from the punishable. Which section of the IPC was Chief Election Commission. declared unconstitutional and hence void 3. The President of India, in the matters of by the Supreme Court in April, 1994? appointment of Judges of a High Court : A) 302 A) Is not obliged to consult any Judge B) 303 of Supreme Court or High Court. C) 304 B) Is bound by the advice of the D) 309 Governor of a State 9. The newly elected President of USA C) Must give primacy to the opinion of Barack Obama belongs to which political the Chief Justice of India. party. D) Is not bound to consult the Chief A) Republican Justice of India. B) Democratic. 4. Right to education has been included in C) Communist the constitution by D) None of the above A) 86 th Amendment 10. Since August 1994, the rupee has been B) 100 th Amendment made fully convertible in : C) 87 th Amendment A) The capital account D) 94 th Amendment B) The capital and saving account C) The saving account D) The current account 33 Part– II: Substantive Law Commercial Law (Law of Contract and Company Law) 1. A contract entered into without ‘Free 4. A company is a Government Company Consent’ is : only if : A) Void A) All the shares of the company are B) Voidable held by Central or State C) Valid Government; D) Illegal B) At least 25% of Shares are held by 2. Property insurance is a contract of : Central or State Government; A) Indemnity C) Majority of Shares are held by B) Contingent contract Central or State Government or C) Wagering agreement both; D) Guarantee D) Majority of Directors are appointed by the Central or State Government 3. Creditor, on default by the principal debtor, 5. Annual general meeting of a company is can file suit against: to be held with a gap between two A) Secured property consecutive meetings of successive B) Principal debtor alone years; C) Surety and principal debtor; A) Of not more than twelve month; D) All the above jointly. B) Of not more than twenty four months; C) Of not more than fifteen months; D) Any time but less than twenty four months Family Law 1. Which of the following is valid marriage 3. Which of the following is Hindu under the under the Hindu Marriage Act. 1955? Hindu Law? A) H, a male Hindu aged 35 marries A) A is born of Hindu father and W who is a deserted wife of B, Christian mother and brought up as who had filed a suit for divorce a Christian and suit is still pending B) A is born of Hindu father and B) H, a male Hindu aged 36 marries Buddhist mother a second wife with the consent of C) A is born of Muslim father and Parsi his first wife who has not been mother’ able to have a child for the last 10 D) A is born of Christian father and years Muslim mother C) H, a Brahmin Male aged 30, 4. Which of the following relatives will marries a Buddhist girl aged 18 succeed to the Property of H, a Hindu D) H, an idiot male Hindu aged 27 male under the Hindu Succession Act marries W, a Hindu female 1956 after his death? Lunatic A) Daughter B) Father 2. Which of the following is valid adoption C) Brother D) Sister under the Hindu Adoption & Maintenance 5. Which of the following is SAHI NIKAH Act, 1956? (valid marriage) under the Mohammedan A) H, a male Hindu aged 26 adopts Law? a daughter aged 6 A) M, a Mohammedan male aged 30 B) H, a male Hindu and his wife married W, a Muslim woman under- adopt a son aged 16 going Iddat C) H, a male Hindu aged 40 adopted B) M, a Mohammedan male aged 27, a son aged 5, after his natural married W, a Muslim woman in a born son migrated to the U.S.A. desert, without any witness D) H, a Hindu bachelor aged 25 C) M, a Mohammedan male aged 35, adopts a son aged 3 married his wife’s sister D) M, a Mohammedan male aged 41, married W, a Muslim female aged 21 as second wife without the consent and against the wishes of his first wife 34 Law of Torts 1. The defense of Volenti non fit injuria is 4. Malice/evil motive is relevant in : available in : A) Negligence A) Rescue cases B) Defamation B) Help cases C) Vicarious Liability C) Negligence cases D) Nuisance D) Unlawful acts 5. Tort is : 2. The test of reasonable foreseeability was A) A wrong against the Society laid down in : B) Statutorily defined in the Limitation A) Re Polemis case Act B) Donoghue v. Stevenson C) A codified branch of law C) Rylands v. Fletcher D) A civil wrong based on the agreed D) Ashby v. White obligations 3. There is physical harm to the plaintiff in : A) Assault B) Defamation C) Nervous shock D) None of these Legal Theory 1. Who observed that International Law is the 4. According to Hohfield, the jural opposite vanishing point of jurisprudence? of ‘Power’ in the context of his analysis of A) Austin B) Salmond legal right in the wider sense is : C) Starke D) Holland A) Liability 2. Identify the Jurist who defined Law as “the B) Disability form of the guarantee of the conditions of C) Duty life of society, assured by the states’ D) Immunity power of constraint”: A) Roscoe Pound B) 5. Possession is said to be ownership on Holmes the defensive by : C) Ihering D) Salmond A) Savingny 3. Realist theory of law emphasizes on: B) Salmond A) Social function of law C) Ihering B) Human factors in law D) Gray C) Social criterion of validity of law D) Essentiality of law for social life Public International Law 1. ‘International Law may be defined in broad 4. “The rebus sic stantibus doctrine is one of terms as the body of general principals the enigmas of International Law ” who and specific rules which are binding upon said the members of the international A) Starke community in their mutual relations’ B) Edward Collin A) Oppenheim B) Lawrence C) Oppenheim C) Brierly D) Fenwick D) Anzilotti. 2. ‘The duties and rights of the States are only the duties and rights of men who 5. ‘From the theoretical point of view, the compose them’ : provision for applying ‘the General A) Kelsen B) Westlake Principles of Law ’ has been regarded as C) Hall D) Starke sounding the death-knell of positivism’: 3. ‘A State is, and becomes an international person, through recognition only and A) Lauterpacht exclusively’: B) C.C.Hyde A) Oppenheim C) Starke B) Anzilotti D) Triepel C) Holland D) Pitt Corbett 35 Indian Penal Code 1. P, a Pakistani, fires at A, an Indian, A) P is liable for murder standing on the no-man’s land. A runs and B) P is liable for culpable homicide dies on the Indian territory: C) P is liable for grievous hurt A) P has committed no offence D) P is liable for simple hurt B) P is liable for murder 4. P, a stoutly built man comes with a lathi C) P is liable for attempt to culpable in his hand. P picks up the bag of A who homicide being weak person does not resist : D) P is liable for attempt to grievous hurt. A) P is liable for theft 2. With an intention to kill B administers B) P is liable for robbery sugar mistaking it for arsenic : C) P is liable for extortion A) P has committed no offence D) None of the above B) P is liable for attempt to murder 5. P threatens A with a pistol and puts his C) P is liable for culpable homicide hand in A’s pocket which is empty : D) P is liable for grievous hurt. A) P has committed no offence 3. P intentionally gives a sword cut to A. A B) P is liable for attempt to theft subsequently dies of septic meningitis C) P is liable for attempt to robbery which developed on account of use of D) P is liable for attempt to extortion wrong remedies and neglect of treatment: Transfer of Property Act 1.