Law Questions and Answers - Set 26

1 Which one of the following is the correct statement ?

1 While certiorari can be issued against judicial or quasi-judicial authorities, mandamus can be issued against administrative authorities also

2 Mandamus can be issued for a declaration that an Act is ultra vires the Constitution and certiorari can also be issued for correcting that defect

3 Certiorari can be issued against a quasi-judicial authority to prevent it from exercising jurisdiction not vested in it. Mandamus cannot be issued for that purpose

4 Certiorari cannot be issued against usurping a public officer, but Mandamus can be issued for that purpose

View Answer

Answer: While certiorari can be issued against judicial or quasi-judicial authorities, mandamus can be issued against administrative authorities also

2 Abuse of discretion can be inferred from the following circumstances. Find out the answer from the codes given below :

Non-application of mind
Colourable exercise of power
Non-observance of audi alteram partem
Irreevant considerations

Codes :

1 Only (i) is correct

2 Only (i) and (ii) are correct

3 Only (ii) and (iii) are correct

4 Only(ii), (iii) and (iv) are correct

View Answer

Answer: Only(ii), (iii) and (iv) are correct

3 What was the principle laid down by the Supreme Court in A. K. Kraipak Vs. Union of India ?

Find correct answer from the following statements :

1 Rule of law is embedded in Article 14 of the Constitution of India

2 Judicial review is a part of basic structure of the Constitution

3 Principles of natural justice are applicable to administrative proceedings

4 Post-decisional hearing would be sufficient for the observance of principles of natural justice

View Answer

Answer: Principles of natural justice are applicable to administrative proceedings

4 Find correct answer from the following statement :

1 A quasi-judicial body may never review its own decision unless authorised by the statute

2 A quasi-judicial body may review its own decision if there is grave error of law in it

3 A quasi-judicial body may review its own decision if there is violation of natural justice

4 All tribunals may review their decisions

View Answer

Answer : A quasi-judicial body may never review its own decision unless authorised by the statute

5 Select the correct answer using the code given below on the following decided cases about possession :

Cartwright Vs. Green
R.Vs. Hudson
Daimler Co. Vs. Continental Tyre and Rubber Co

Codes :

1 3 only

2 2 and 3

3 1 and 3

4 1 and 2

View Answer

Answer: 1 and 2

6 Austin described ownership as a right over determinate thing with reference to one of the following. Specify the correct answer

1 Restricted in point of disposition

2 Indefinite in point of user

3 Unlimited in point of duration

4 Unlimited in point of space

View Answer

Answer: Indefinite in point of user

7 Consider the following statements regarding vested and contingent rights :

A vested right creates an immediate interest and is transferable and heritable
A contingent right creates an immediate interest and is defeated when the required facts have not occurred

1 1 only

2 2 only

3 Both 1 and 2

4 Neither 1 nor 2

View Answer

Answer: 1 only

8 There is a clear cut division between the spheres of legislature and judiciary. The former makes the laws and the latter applies them. Which of the school propounds this doctrine ?

1 Analytical jurisprudence

2 Historical jurisprudence

3 Sociological jurisprudence

4 Philosophical jurisprudence

View Answer

Answer: Analytical jurisprudence

9 In which one of the following cases was it observed by the Supreme court that precedent should not be petrified nor judicial dicta divorced from the socio-economic mores of the age ?

1 Mamleshwar Vs. Kanahaiya Lal

2 Bengal Immunity Company ltd. Vs. State of Bihar

3 State of West Bengal Vs. Corporation of Calcutta

4 K.C. Dora Vs. G. Annamanaidu

View Answer

Answer: Bengal Immunity Company ltd. Vs. State of Bihar

10 Who among the following divided the sources of Law into formal sources and material sources ?

1 Gray

2 Keaton

3 Allen

4 Solmond

View Answer

Answer: Solmond

11 According to Professor Goodhart a ratio decidendi of a case is

1 the principle of law laid down in a decision which is the decisive element

2 the conclusion reached by the judge on the basis of the material facts of the case

3 the reason given by the court for its decision

4 any opinion of the court on a question of law

View Answer

Answer: the conclusion reached by the judge on the basis of the material facts of the case

12 Read Assertion (A) and Reason (R) and with the help of codes given below find the correct explanation :

Assertion (A) : Nullum Crimen is an injunction to the legislature not to implicate all the suspected persons to be prosecuted. Reason (R) : To avoid impossibility and to settle the question, the legislature must have to use administrative ruling. Codes :

1 Both (A) and (R) are true and (R) is correct explanation of (A)

2 Both (A) and (R) are true, but (R) is not correct explanation of (A)

3 (A) is correct, but (R) is false

4 (A) is false, but (R) is true

View Answer

Answer: Both (A) and (R) are true and (R) is correct explanation of (A)

13 Read Assertion (A) and Reason(R) and with the help of codes given below find the correct explanation :

Assertion (A) : Participation in some manner in the act constituting the offence of common intention by all the persons to be prosecuted is necessary. Reason (R) : Physical presence at the time of commission of crimes is not mandatory in all cases. Codes :

1 Both (A) and (R) are true, but (R) is not the correct explanation of (A)

2 Both (A) and (R) are true and (R) is the correct explanation of (A)

3 (A) is correct, but (R) is false

4 (A) is false, but (R) is true

View Answer

Answer: Both (A) and (R) are true and (R) is the correct explanation of (A)

14 Which of the mitigating factors do not justify the award of death penalty ?

1 Where the murder has been previously planned

2 Such murder involves exceptional depravity

3 When such murder was against a public servant while on duty

4 When the offence was committed by the accused under the influence of extreme mental disturbance

View Answer

Answer: When the offence was committed by the accused under the influence of extreme mental disturbance

15 Read Assertion (A) and Reason (R) and with the help of codes given below find the correct explanation :

Assertion (A) : The gist of conspiracy lies in forming the scheme between two or more persons to perform the overt act. Reason (R) : The alleged agreement must provide circumstantial evidence about the participation by all to establish conspiracy. Codes :

1 Both (A) and (R) are true and (R) is the correct explanation of (A)

2 Both (A) and (R) are true, but (R) is not the correct explanation of (A)

3 (A) is correct, but (R) is false

4 (A) is false, but (R) is true

View Answer