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Law Questions and Answers for Competitive Exams | Law Quiz Set 36

Questions
1 Read Assertion (A) and Reason (R) and answer by using codes below :

Assertion (A) : Salary drawn by a partner from the firm for his services rendered to it has been treated different from his right to get an additional amount in the form of salary as his share of the firm’s profit. Reason (R) : Because R.M. Chidambaram Pillai Vs. Commissioner of Income tax case laid down above principle. Codes :

1 Both (A) and (R) are correct and (R) is correct reason for (A)
2 Both (A) and (R) are wrong
3 (A) is right, but (R) is wrong
4 (R) is right, but (A) is wrong

Answer: Both (A) and (R) are wrong
2 Read Assertion (A) and Reason (R) and answer using codes given below :

Assertion (A) : Partner of an erstwhile unregistered partnership firm can bring a suit to enforce a right arising out of a contract falling within the ambit of section 69 of the Indian Partnership Act. Reason (R) : Because Judgement in case of Loonkaran Sethia Vs. Ivan E. John laid down above judicial principle. Codes :

1 Both (A) and (R) are correct and (R) is correct reason for (A)
2 Both (A) and (R) are wrong
3 (A) is right, but (R) is wrong
4 (A) is wrong, but (R) is right

Answer: Both (A) and (R) are wrong
3 Which of the following statement is correct according to section 2(9) of the Sale of Goods Act ? “Mercantile Agent” means a mercantile agent
1 having in the usual course of business as such seller authority either to sell goods, or to consign goods for the purpose of sale, or to buy goods, or to distribute money for security of goods
2 having in the customary business as such agent power either to sell goods, or to mortgage goods for purpose of sale
3 having in the customary course of business as such agent authority to sell goods
4 having in the normal course of business as such agent authority to confine goods or to raise goods for purpose of the security of money

Answer: having in the customary course of business as such agent authority to sell goods
4 Which of the following statements are correct. Answer using the codes given below :
  1. Ascertainment of goods for sale is done by buyer
  2. Appropriation of goods for sale is done by seller
  3. Distinction between ascertainment of goods and appropriation of goods that former involves “the element of common intention between buyer and seller”, whereas later can be a unilateral act by buyer
  4. Property in goods does not pass to buyer till appropriation

Codes :

1 only a, c and d are correct
2 only b is correct
3 only d is correct
4 only c is correct

Answer : only d is correct
5 Which of the following are presumptions as to a negotiable instrument under section 118 of the Negotiable Instruments Act ? Answer using codes given below :
  1. Presumption of contractual capacity
  2. Presumption of consideration
  3. Presumption of maturity of instrument
  4. Presumption of date

Codes :

1 only a and c
2 only b and d
3 only a and d
4 only a and b

Answer: only b and d
6 Which of the following statement is correct ? Answer using codes given below :
  1. Doctrine of indoor management apply in case of knowledge of irregularity in company
  2. Doctrine of indoor management does not apply in case of suspicion of irregularity
  3. Doctrine of indoor management apply in case of forgery
  4. Doctrine of indoor management does not apply if the act of an officer of a company is one which would ordinarily be beyond the powers of such an officer

Codes :

1 only a is correct
2 only b is correct
3 only c is correct
4 only d is correct

Answer: only d is correct
7 Find answer by using codes given below : Director may be removed by
  1. Other Directors
  2. Creditors
  3. Central Government
  4. Shareholders in a general meeting

Codes :

1 only a and b are correct
2 only b and c are correct
3 only c and d are correct
4 only d and a are correct

Answer: only c and d are correct
8 In Golaknath Vs State of Punjab Justice K. Subba Rao observed
1 The Preamble contains in a nutshell ideals and aspirations of the Constitution
2 The Preamble is the key to open the minds of the Constitution makers
3 The Preamble is enforceable by the Judiciary
4 The Preamble of our Constitution is of great importance and it should be implemented

Answer: The Preamble contains in a nutshell ideals and aspirations of the Constitution
9 The Five Judges Constitution Bench held that ‘Imparting Education cannot be treated as a Trade or Business’ in which of the following cases ?
1 Unnikrishanan Case
2 Mohini Jain Case
3 Dinesh Kumar Case
4 P.A. Inamdar Case

Answer: Unnikrishanan Case
10 As per the Constitution of India, which of the following statement(s) is/are correct ?
  1. The state may make provision for securing just and humane conditions of work
  2. The state shall endeavour to provide early childhood care and education for all the children until they complete the age of six years
  3. The state shall not endeavour to secure for the citizens a uniform civil code in the territory of India
  4. The state shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country

Select the correct answer from the codes given below :

1 (a), (b) and (c)
2 (b), (c) and (d)
3 (b) and (d)
4 (c) and (d)

Answer: (b) and (d)
11 Read Assertion (A) and Reason (R) and answer using the codes given below :

Assertion (A) : No minimum age is prescribed for appointment as a Judge of the Supreme Court of India nor is there any fixed period of office. Reason (R) : The original jurisdiction of the Supreme Court is dealt within Article-132 of the Constitution of India. Codes :

1 (A) and (R) are right and (R) is the correct explanation of (A)
2 (A) and (R) are right, but (R) is not the right explanation of (A)
3 (A) is right but (R) is wrong
4 Both (A) and (R) are wrong

Answer: (A) is right but (R) is wrong
12 In which one of the following cases the Supreme Court of India had invalidated a Constitutional Amendment for non-compliance with the procedure contained in the proviso to clause (2) of Article-368 ?
1 Kihoto Hollohan V. Zachilhu and others
2 Keshavanand Bharati V. State of Kerala
3 Golaknath V. State of Punjab
4 State of West Bengal V. Union of India

Answer: Kihoto Hollohan V. Zachilhu and others
13 If the President of India is satisfied that a grave emergency exists whereby the security of India or any part of the territory thereof is threatened whether by war or external aggression or armed rebellion he may by proclamation make a declaration to that effect. Here the ‘satisfaction’ of the President of India means :
1 The personal satisfaction of the President of India
2 The personal satisfaction of the Prime Minister and all the Council of Ministers and informing to the President of India
3 The decision of the Union Cabinet that such a proclamation may be issued, has been communicated to him in writing
4 The decision of the Union Cabinet, that such a proclamation may be issued, has been communicated to him in writing along with 2/3rd Parliament Member’s signature

Answer: The decision of the Union Cabinet that such a proclamation may be issued, has been communicated to him in writing
14 “The task of social engineering is to build as efficient structure of the society as possible with minimum friction and waste.” This statement is of :
1 Kelsen
2 Roscoe Pound
3 Savigny
4 Karl Marx

Answer: Roscoe Pound
15 Ratio decidendi may be defined as
1 Statement of law applied to the legal problems disclosed by facts
2 Finding of material facts, direct and inferential, based on earlier case law
3 The rule of law which others regard as being of binding authority
4 All of the above

Answer: All of the above

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