CLAT LLM 2009 Question Paper

SECTION-A

Instructions: (Questions 1-50), Attempt all the 50 Objective Type Questions by shading the correct answer with HB Pencil Only in Section A of the OMR Answer Sheet.

1. Communication of a proposal is complete
(a) When it is put in the course of transmission
(b) When it comes to the knowledge of the person to whom it is made
(c) When the proposal is communicated to the person to whom it is made
(d) All the above.

2. Where one of the parties is under a mistake as to matter of fact, the contract is
(a) Valid
(b) Void
(c) Voidable
(d) Illegal.

3. An agreement in connection with horse- racing under section 30 of the Indian Contract Act is
(a) Unlawful
(b) Void
(c) Voidable
(d) Valid.

4. Novation of a Contract means
(a) The renewal of original contract
(b) Substitution of a new contract in place of original contract
(c) Cancellation of contract
(d) Alteration of the contract

5. A contract is not frustrated
(a) By commercial impossibility
(b) By imposition of government restrictions or orders
(c) By destruction of subject-matter of contract
(d) All the above.

6. For a loan, when there is stringency in money market, a banker asks for an unusually high rate of interest, ‘A’ accepts the loan on these terms. This is
(a) A valid transaction in the ordinary course of business
(b) A transaction vitiated by coercion
(c) A transaction vitiated by undue influence
(d) A transaction vitiated by fraud.

7. ‘X’ and ‘Y agree to marry each other on a certain date and before marriage ‘X’ goes mad. ‘Y’ cancels the agreement and sues for damages. Decide whether
(a) No cause of action arises till the date of marriage
(b) On account of ‘X’s going mad, the contract is frustrated and thus void. Y has no right to sue for damages
(c) The contract itself is void
(d) Y is guilty of breach of contract.

8. A guarantee
(a) Has to be in writing
(b) Can be oral
(c) Can be oral or in writing
(d) Neither (a) nor (b).

9. Tort is a violation of
(a) A right in personam
(b) A right in rem
(c) Both right in personam and right in rem
(d) Neither right in personam nor right in rem.

10. For the defence of volenti non-fit injuria, it is necessary that
(a) The plaintiff knows that risk is there
(b) The plaintiff agrees to suffer the harm
(c) The plaintiff knowing that risk is there, agrees to suffer the harm
(d) All the above.

11. Act of State
(a) Cannot be between a sovereign and the subjects of another State
(b) Cannot be between a sovereign and his own subjects
(c) Both (a) and (b)
(d) Neither (a) nor (b).

12. For defamation, a tort
(a) Should be in respect of a living person only
(b) Can be in respect of deceased person
(c) Both (a) and (b)
(d) Either (a) or (b).

13. The maxim ‘res-ipsa loquitur’ is a
(a) Rule of law
(b) Rule of procedure
(c) Rule of evidence
(d) Rule of negligence.

14. Special damage has got to be proved in an action for
(a) Trespass
(b) False imprisonment
(c) Nuisance
(d) None of the above.

15. In which of the following cases it is not nuisance:
(a) Playing music through loudspeaker at night
(b) Construction of a flour mill on the ground floor, while
(c) Creation of foul smell on one’s land which reaches neighbours
(d) Washing clothes in front of a person’s house at a public tap.

16. X and his wife went for shopping leaving behind their dog in their car which they had locked after pulling up the glasses of the windows. For reasons unknown, the dog probably got excited and broke the rear glass, probably with its paws and jumped out. A fragment of the broken glass flew at the face of one Y, a passerby, and pierced into his eye resulting in its loss. Y sued X for damages alleging negligence on the part of X, what defence can X take: (Answer modified)
(a) Act of God
(b) Contributory negligence
(c) Inevitable accident
(d) None of the above.

17. A marriage solemnized between any two Hindus, one of whom is having a spouse living at the time of marriage, under section 11 and section 17 of the Hindu Marriage Act, shall be
(a) Valid
(b) Void
(c) Voidable
(d) Invalid.

18. A decree of nullity of marriage in case of voidable marriages, annuls the marriage
(a) From the date of the decree
(b) From the date of the petition
(c) From the date of marriage
(d) From the date as directed by the Court.

19. Which of the following is not a ground of divorce?
(a) Insanity
(b) Epilepsy
(c) Leprosy
(d) Venereal disease.

20. By virtue of the Marriage Laws (Amendment) Act, 2003, wife as a petitioner, can present her petition to the District Court of an area where
(a) She is residing on the date of presentation of the petition
(b) She was residing previously
(c) She is to reside permanently in future during the course of trial
(d) Her husband is residing on the date of petition.

21. A married Hindu woman has the capacity to adopt if
(a) Her husband has ceased to be a Hindu
(b) Her husband has finally and completely renounced the world
(c) Her husband has been declared to be a person of unsound mind by a Court of competent jurisdiction
(d) All the above cases.

22. That “Marriage of all persons who are citizens of India belonging to various religions should be made compulsorily registrable in their respective States where the marriage is solemnized”, was held by the Supreme Court in the case of
(a) Seema v. Ashwani Kumar
(b) Geta Jagdish Mangtani v. Jagdish Mangtani
(c) Durga Prasanna Tripathy v. Arundhati Tripathy
(d) Ramesh chand Daga v. Rameshwari Bai.

23. A marriage entered into by a girl before attaining puberty under Muslim law is
(a) Valid marriage
(b) Void marriage
(c) Irregular marriage
(d) Either (a) or (c).

24. A single pronouncement of divorce made during a tuhr followed by abstinence from sexual intercourse for the period of iddat is called
(a) Talaq hasan
(b) Talaq ahsan
(c) Talaq-ul-biddat
(d) Talaq-i-badai.

25. ‘X’ and ‘Y go to murder ‘Z’, ‘X’ stood on guard with a spear in hand but did not hit ‘Z’ at all. “Y killed ‘Z’. Who is/are guilty?
(a) Only’ Y’ is liable for murder of ‘Z’
(b) ‘X’ and ‘Y’ both are liable for murder of ‘Z’
(c) ‘X’ is not liable as he did not perform any overt act
(d) Both (a) and (c).

26. Section 76 of Indian Penal Code provides that nothing is an offence which is done by a person who by reason of
(a) Mistake of fact in good faith believes himself to be bound
(b) Mistake of law in good faith believes himself to be bound by law to do it
(c) Mistake of fact believes himself to be bound by morals to do it
(d) All the above.

27. To invoke successfully the defence of intoxication in criminal cases, the intoxication
(a) Can be self-administered
(b) Should be administered against his Will or knowledge
(c) Should be self-administered
(d) May be all the above.

28. Where a wrong of mischief by fire in a building used as a human dwelling or a place for custody of property is attempted, the right of private defence extends to the causing of
(a) Any harm including death
(b) Any harm other than death
(c) Any harm other than death and grievous hurt
(d) All the above.

29. Abetment is complete as soon as
(a) The abetter has incited another to commit an offence
(b) The person instigated has done some overt act towards the commission of the offence
(c) The offence abetted has been committed
(d) Both (b) and (c) above.

30. ‘B’ happened to be a member of unlawful assembly. A factional fight ensued during which ‘B’ was injured and retired to the side. Later on, a man was killed. Now
(a) ‘B’ is guilty of murder being member of unlawful assembly
(b) ‘B’ is not guilty of murder as he ceased to be a member of unlawful assembly at the time when the murder was committed
(c) ‘B’ is not guilty of murder though he continued to be a member of unlawful assembly
(d) None of the above.

31. ‘X’ with intention of murdering ‘Z’, instigates ‘Y, a child below 7 years, to do an act which causes ‘Z’s death. ‘Y in the absence of ‘X’ in consequence of abetment does the act and thereby causes ‘Z’s death. Now
(a) ‘Y’ is liable for murder and ‘X’ is liable for abetment
(b) ‘Y’ is not liable for murder being legally incapable, but ‘X’ is liable for abetment
(c) ‘X’ and ‘Y’ both are liable for murder
(d) ‘X’ and ‘Y’ both are liable for criminal conspiracy to murder of ‘Z’.

32. ‘A’ puts ‘Z’ into fear of hurt and dishonestly induces ‘Z’ to sign a blank cheque and deliver it to him. ‘Z’ signs the cheque and delivers it to ‘A’. ‘A’ is guilty of
(a) Theft
(b) Extortion
(c) Robbery
(d) Attempt to commit extortion.

33. The words ‘socialist’ and ‘secular’ were incorporated in our Constitution by
(a) 42nd Amendment of the Constitution
(b) 44th Amendment of the Constitution
(c) 46th Amendment of the Constitution
(d) 17th Amendment of the Constitution.

34. The concept of Directive Principles of State Policy was borrowed from
(a) Germany
(b) France
(c) Ireland
(d) USA.

35. Article 19(l)(a) guarantees freedom of speech and expression to
(a) All citizens of India
(b) All Indians and foreigners
(c) Only persons above 21 years of age
(d) Only persons who have attained 18 years of age.

36. On which date the Supreme Court upheld the OBC quota in Central Educational Institutions clearing the way for reservation of 27% seats for Backward Classes
(a) 8th April, 2008
(b) 10th April, 2008
(c) 1st April, 2008
(d) 20th April, 2008.

37. In which of the following cases did the Supreme Court rule that the principle of sovereign immunity will not apply to proceedings for award of compensation for violation of fundamental rights?
(a) Bhim Singh v. State of Punjab
(b) Kasturi Lai v. State of U.P.
(c) Rudal Sah v. State of Bihar
(d) Nilabeti Bahera v. State of Orissa.

38. Which of the following is not included in the right to personal liberty?
(a) Right to go abroad
(b) Right to human dignity
(c) Right undertrial prisoners not to be detailed for unreasonably long period
(d) Freedom from arrest.

39. Which of the following Writs can be issued only against the judicial or qtiasi- judicial authorities?
(a) Mandamus
(b) Habeas Corpus
(c) Certiorari
(d) Quo Warranto.

40. The right guaranteed under Article 32 can be suspended
(a) By the Parliament
(b) By the Supreme Court of India
(c) During emergency
(d) During war with a foreign country.

41. Which one of the following is the objective of Directive Principles of State Policy?
(a) Total prohibition
(b) Prevention of cow slaughter
(c) Prevention of gambling and lotteries
(d) Protection and improvement of environment and safeguarding forests and wild life.

42. Who gave the organic theory of society?
(a) H. Spencer
(b) Duguit
(c) Savigny
(d) Austin.

43. Who holds the view that ‘The only right which any man can possess is the right always to do his duty?
(a) Duguit
(b) Austin
(c) Bentham
(d) Blackstone.

44. According to Hindu legal theory, origin of law is
(a) Dharma
(b) Rita
(c) Divinity
(d) Shruti.

45. In which country, Courts are not bound by decisions of the superior Courts?
(a) Australia
(b) England
(c) France
(d) India.

46. Right in re propria means
(a) Right relating to status
(b) Right relating to property
(c) Right in one’s own things
(d) Right in the things of others.

47. In the eye of law, a person can have
(a) Any number of capacities
(b) Some capacities
(c) Two capacities only
(d) One capacity only.

48. Mediate possession is one which a person can
(a) Acquire through an agent or a servant
(b) Acquire unlawfully
(c) Acquire direct by himself
(d) Acquire lawfully.

49. Who of the following has defined ownership as a right of ‘plenary control over an object’?
(a) Salmond
(b) Holland
(c) Austin
(d) Blackstone.

50. The two primary and essential functions of the State are
(a) Military defence and maintenance of law and order
(b) Administration and politics
(c) Administration of justice and welfare
(d) Welfare and safety of people.

SECTION – B

Instructions: (Questions 1-10): Write short answers on the following, using the space available on Sheets of paper provided along with OMR Answer Sheet. Use Ball Point Pen only in writing the answers and do not exceed the space limit or overwrite.

Do not shade, write or otherwise use Section B on the OMR Answer Sheet which is meant for OFFICE USE only.

1. Good Governance

2. Judicial Accountability

3. Capital Punishment in India

4. Whistle-Blowers and Corruption in India

5. Sexual Harassment

6. Mobile Courts

7. Right to Information

8. India as a soft State

9. Irretrievable Breakdown of Marriage

10. Fundamental Duties

SECTION – C

Instructions: Parts I and II of Section C contain THREE topics each. Select one topic each from Part I and Part II and write TWO Essays on the same with Ball Point Pen Only on the sheets of paper provided along with OMR Answer Sheet.

Do not write anything, shade or use Parts I and II of Section C on the OMR Answer Sheet which are meant for OFFICE USE Only.

Part I

1. Alternative Disputes Redressal Systems

2. Sustainable Development and Environment Protection

3. Safety and Welfare of Senior Citizens

Part II

4. Education and Welfare as twin towers of a just Policy

5. Jurisprudence as a subject about law rather than a subject of law

6. Public safety laws and Human Rights