DU LLB legal Aptitude: Syllabus & Most Important Questions

Table of Contents

DU LLB Legal Aptitude: Syllabus

The syllabus and notification for the DU LLB 2022 entrance test were both announced on April 6 by the National Testing Agency (NTA). You might learn the subject-specific themes from which the DU LLB 2022 exam’s questions would be framed by studying the syllabus. Questions about general knowledge, analytical skills, English language comprehension, and legal awareness and aptitude will be included in the DU LLB question paper. It is advised that you only use the most recent version of the DU LLB syllabus because admission officials occasionally update it. This page provides a link to the DU LLB entrance test 2022 curriculum pdf, which may be downloaded without logging in.

DU LLB Legal Aptitude: Important Questions

Here are some questions that will help you help you score legal aptitude score in DU LLB Exam

Question 1. Which of the three types of justice mentioned in the Preamble of the Constitution apply to you?

(a) Social, Economic and Political

(b) Economic, Social and Religious

(d) Political, Social and Religious

Ans. (a)

Solution: In the Preamble, the word “justice” refers to three separate types of justice: social, economic, and political, all of which are guaranteed by various articles of fundamental rights and directive principles.

Equal treatment of all residents without social distinction based on caste, colour, race, religion, sex, etc. is referred to as social justice.

The absence of discrimination based on economic factors between individuals is known as economic fairness.

Political justice entails that every citizen should have an equal say in politics, access to all political positions, and voice in the governing body.

Question 2. Which of the following defences applies to tort cases?

(a) Volenti Non Fit Injuria

(b) Vis Major

(d) Neither a nor b

Ans (c)

Solution: “To a willing individual, no injury is done,” is the Latin phrase Volenti Non Fit Injuria. According to this idea, a person who deliberately and voluntarily places himself in a dangerous situation is not entitled to compensation for any injuries that ensue.

An inexorable natural phenomenon that causes harm or disruption that is neither caused by nor prevented by humans—even when practising the highest level of skill, care, attention, or prudence—is referred to as a vis major, a Latin term that means “superior force.”

Question 3. Nothing a youngster does falls under any of the following:

(a) 5 years

(b) 7 years

(d) 12 years

Ans (b)

Solution: Nothing that a child under the age of seven does constitutes an offence, according to Section 82 of Chapter IV (General Exceptions) of the Indian Penal Code.

Question 4. Which of the basic freedoms cannot be curtailed in times of crisis?

(a) Right to Constitutional remedies under Article 32

(b) Right to Equality under Article 14

(d) Both a and c

Ans (c)

Solution: When a Proclamation of Emergency is in effect, Article 359 of the Constitution states that the President may issue an order declaring that the right to petition any court for the enforcement of any rights granted by Part III (aside from articles 20 and 21) as may be mentioned in the order and all proceedings pending in any court for the enforcement of the rights so mentioned shall remain suspended for the duration of the Proclamation’s in force or for such shorter period as may be specified in the order.

Protection from prosecution for offences is provided by Article 20.

Article 21: Defense of life and individual freedom.

Question 5.Which of the following is not a subject matter of protection under the Copyright Act, 1957?

(a) Sound Recording

(b) Industrial design

(d) Film Script

Ans (b)

Solution: The Copyright Act of 1957 does not provide protection for industrial designs.

Original literary, dramatic, musical, and creative works as well as cinematograph films and sound recordings are shielded from unlawful uses under the Copyright Act of 1957.

Question 6. Principle: A person is considered to have done mischief if they distribute any property while intending to harm the general public or a specific individual.

FACTS: The Ubzuki Mobiles employees went on strike to demand their bonus payments. Mr. X flung a stone at the company’s preming with all his might in an effort to get the management to give the workers’ bonuses. X, did you offend anyone?

DECISION:

(a) X committed the offence of mischief.

(b) As X was on strike with other workers to get their demands fulfilled, he didn’t commit any offence.

(c) X was right as the management was not fulfilling their legitimate demands and this was the only way to make their voice heard.

(d) X didn’t commit any offence, as the labour laws of Indian allow the workers to get their legitimate demands fulfilled from the management X is, therefore immune from any legal action.

Ans (a)

Solution: X has committed the offence of mischief.

Mischief is a criminal offence, according to Section 425 of the Indian Penal Code of 1860. According to the law, anyone who destroys property or makes alterations to it that lessen its worth or utility or otherwise negatively impact it with the intent to cause harm to the public or to another person or with knowledge that he is likely to do so, commits “mischief.” Explanation 1: It is not necessary for the act of mischief that the perpetrator had the intent to harm or injure the owner of the damaged or destroyed property. If the person damages any property, whether it belongs to that person or not, with the intent to cause, or knowing that he is likely to cause, wrongful loss or damage to any person, that is sufficient.

Explanation 2: An act that damages property that belongs to the perpetrator alone, to that person and others jointly, or to both, constitutes mischief.

Question 7. Which of the following years saw the establishment of the Supreme Court of India?

(a) 1950

(b) 1945

(d) 1955

Ans (a)

Solution:The Supreme Court of India opened its doors on Tilak Marg in New Delhi on January 26, 1950. Prior to moving to the current premises, the Supreme Court of India operated out of the Parliament House.

Question 8. Who among the following was the first speaker of Lok Sabha?

(a) Sardar Hukum Singh

(b) Bali Ram Bhagat

(d) Sir Shadi Lal

Ans (c)

Solution: Ananthasayanam Ayyangar and G.V. Mavalankar held the distinction of serving as the Lok Sabha’s first Speaker and Deputy Speaker, respectively. In both the temporary Parliament and the Constituent Assembly (Legislative), G.V. Mavalankar served as Speaker. From 1946 until 1956, he continually served as Speaker of the Lok Sabha.

Question 9. Which of the following key decisions by the Supreme Court of India established the Basic Structure doctrine?

(a) I.C. Golaknath & Ors vs State of Punjab

(b) Kesavananda Bharati vs State of Kerala

(d) Sri Sankari Prasad Singh Deo vs Union of India

Ans (b)

Solution:The Supreme Court established the notion of Basic Structure while upholding the constitutionality of the 24th Constitutional Amendment Act (1971) in the Kesavananda Bharati v. State of Kerala case (1973). It determined that Parliament does not have the authority to change the Constitution’s Basic Structure under Article 368’s constituent power.

Question 10. The 101st Amendment of the Constitution concerns:

(a) Goods and Services Tax Council

(b) National Commission for Backward Classes

(d) Reservation to the economically weaker sections of society

Ans (a)

Solution: The Goods and Services Tax Council will be established under the One Hundred and First Constitutional Amendment Act of 2016.

The National Commission for Backward Classes has constitutional status thanks to the 102nd Constitutional Amendment Act of 2018.

The 2019 One Hundred and Third Amendment Act was approved with the intention of giving economic disadvantaged groups of society reservations.

The Constitution (One Hundred and Fifth Amendment) Act of 2021 restores state governments’ authority to recognise and designate socially and economically disadvantaged classes (SEBCs).

Question 11. PRINCIPLE: A master is responsible for any actions that a servant takes while on the job.

FACTS: A travel agency requested that its driver drop off a client at Delhi University. He discovered his girlfriend waiting for a bus to her apartment, which is one kilometre from the agency office, when he was returning to the agency office after dropping off the customer. She was given a ride by the driver. The car was in an accident on the way, seriously injuring the girl. She is now suing the agency for compensation.

Decision:

(a) The girl will succeed as the driver was driving in the course of employment.

(b) The girl will not succeed as the driver was not driving in the course of employment.

(d) The girl will not succeed as she took free lift from her boyfriend. She would rather be liable to pay the fare to the agency and be prosecuted.

Ans (b)

Solution: The driver was not driving as part of their job duties, thus the girl would not succeed.

In vicarious liability, one is held responsible for another’s actions. A philosophy known as respondeat superior, which literally translates to “let the master answer,” holds one party accountable for the actions of another depending on their relationship.

If it can be proven that an employee took a simple diversion while performing their duties, the employer will be accountable; however, if the employee is acting independently rather than on behalf of the employer, the employee is engaging in a “frolic” and the employer is not liable.

Question 12. Which of the following describes the topic of the tenth schedule?

(a) Validation of certain Acts and Regulations.

(b) Provisions as to disqualification on ground of defection.

(d) Powers, authority and responsibilities of Panchayats.

Ans (b)

Solution: The provisions regarding disqualification due to defection are found in the tenth schedule. The 52nd Amendment Act of 1985, generally referred to as the Anti-Defection Law, added the Tenth Schedule.

Later, the 91st Amendment Act of 2003 made one modification to the Tenth Schedule’s requirements. A clause that would have prevented disqualification based on defection in the event of a split was left out.

Question 13. Mr. A agrees to buy from Mr. B a certain horse. It turns out that the horse was dead at the time of bargain, though neither party was aware of the fact. The agreement is:

(a) Valid

(b) Voidable at the instance of Mr. A

(d) Voidable at the instance of Mr. B

Ans (c)

Solution: According to Section 20 of the Indian Contract Act of 1872, if both parties to an agreement are mistaken about a truth that is crucial to the agreement, the agreement is void. The query is similar to the example (b) given in Section 20 of the act.

Question 14. Shyam is a Hindu, and Geeta is a Jain. Their union may be formally pronounced:

(a) Special Marriage Act

(b) Hindu Marriage Act

(d) Neither a nor b

Ans (c)

Solution: Either the Special Marriage Act or the Hindu Marriage Act may be used to legally consummate their union. The Special Marriage Act offers a unique type of marriage, as well as divorce. Under the terms of this Act, any union involving two people of any religion or belief may be celebrated.

Question 15. On the advice of: The Fundamental Duties were included in the Constitution.

(a) JVP Committee

(b) Dhar Commission

(d) Fazl Ali Commission

Ans (c)

Solution: The Sardar Swaran Singh Committee was established in 1976 to offer suggestions regarding the fundamental obligations. The Committee suggested including a separate chapter on the Constitution’s essential obligations.

The 42nd Amendment Act of 1976, which was enacted after the government accepted the advice, added Part IVA. The Fundamental Obligations are listed in Article 51A of the Constitution.

Question 16. Each Supreme Court justice will hold that position until they reach the following age:

(a) 58 years

(b) 60 years

(d) 65 years

Ans (d)

Solution: According to Article 124 [2] of the Constitution, each judge of the Supreme Court shall be chosen by the President by warrant bearing his signature and seal, following consultation with the judges of the Supreme Court and of the High Court in each State who the President may deem necessary for the appointment. Each judge of the Supreme Court shall hold office until he turns 65 years old.

Question 17.Which of the following decisions by the Constitutional Bench of the Supreme Court of India first established the “rarest of rare” standard for the imposition of the death penalty?

(a) Bachan Singh v. State of Punjab

(b) Gopalanachari v. State of Kerala

(d) Tukaram v. State of Maharashtra

Ans (a)

Solution: In the case of Bachan v. State of Punjab, the doctrine of the rarest of the rare was established. To reduce the uncertainty for courts over when to impose the death penalty, the Supreme Court attempted to eliminate a doctrine specifically for crimes punishable by death in this case.

Question 18. The International Criminal Court is competent to hear cases involving

(a) Crime of genocide

(b) Crimes against humanity

(d) All of the above

Ans (d)

Solution: Only the most serious crimes that involve the entire international community shall fall under the International Criminal Court’s purview. According to this Statute, the Court has jurisdiction over the following crimes:

(i) The crime of genocide; (ii) Crimes against humanity; (iii) War crimes; (iv) The crime of aggression.

Question 19.The “Right to Property” was removed from the list of Fundamental Rights by which of the following Amendment Acts?

(a) 44th Constitutional Amendment Act

(b) 42nd Constitutional Amendment Act

(d) 25th Constitutional Amendment Act

Ans (a)

Solution: The 44th Constitutional Amendment Act of 1978 removed the right to property from the list of Fundamental Rights. In Part XII of the Constitution, Article 300-A establishes it as a legal right.

No individual shall be deprived of his property unless by authority of law, according to Article 300A.

Question 20. Which of the following expressions best describes a rule that, after being consistently and consistently followed for a considerable amount of time, has come to be regarded as the law among Hindus in any particular locality, tribe, community, group, or family?

(a) Custom

(b) Usage

(d) Both a and b

Ans (d)

Solution: The Hindu Marriage Act of 1955 states in Section 3(a) that “custom” and “usage” refer to any rule that, after being consistently and consistently followed for a long time, has come to be considered law among Hindus in any local area, tribe, community, group, or family: Provided, however, that the rule is certain and not against public policy; and Provided further that, in the case of a rule that only applies to a family, it has not been discontinued by any third party.

Question 21. Which of the following renowned legal decisions is relevant to the general offer?

(a) Felthouse v. Bindley

(b) Society of Great Britain v. Boots Cash Chemists (Southern) Ltd.

(d) All of the above

Ans (c)

Solution: In Carlill v. Carbolic Smoke Ball Co. [1893] 1 QB 256, a contract resulting from a general offer is demonstrated.

The first requirement for forming a contract is a legally binding offer or proposal.

A proposal is when one person indicates to another that he is willing to act or refrain from acting in order to get the other person’s approval for the proposed act or refraining from acting.

Offers come in two flavours: generic and specific. The broad offer is offered to the entire globe, but the specific offer is made to a single person.

Question 22. Attorney-General for India is appointed by?

(a) Union Law Minister

(b) Vice-President

(d) President

Ans (d)

Solution: Article 76(1) of the Constitution states that the President shall appoint a person who is qualified to be appointed a Judge of the Supreme Court to be Attorney-General for India.

Question 23. Any man who monitors the use by a woman of the internet, email or any other form of electronic communication commits the offence of:

(a) Voyeurism

(b) Sexual harassment

(d) Stalking

Ans (d)

Solution: Section 354D of the Indian Penal Code, 1860, deals with the offence of Stalking. Subsection [1] states that any man who-

[i] follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or

[ii] monitors the use by a woman of the internet, email or any other form of electronic communication,

commits the offence of stalking.

Question 24. Mr. A opens a coaching class in front of Mr. B’s coaching class. Majority of the students of B shifted to A. The situation will be governed by which one of the following principles?

(a) Damnum Sine Injuria

(b) Injuria Sine Damnum

(d) Ubi jus ibi remedium

Ans (a)

Solution: Damnum Sine Injuria is a maxim, which refers to injury which is being suffered by the plaintiff but there is no violation of any legal right of a person. In situation provided in the question, there is no violation of the legal right of but the injury, or damage is being suffered by the Mr. B, he can’t bring an action against Mr. A, as it is not actionable in law, unless there is some infringement of a legal right.

Question 25. Caveat venditor means:

(a) Let the seller beware

(b) Let the buyer beware

(d) None of the above

Ans (a)

Solution: The term Caveat venditor means Let the seller beware.

The term Caveat emptor means Let the buyer beware.

Question 26. Which of the following constitutional writ literally means ‘to have the body of’?

(a) Habeas Corpus

(b) Quo-Warranto

(d) Mandamus

Ans (a)

Solution. Habeas Corpus that literally means ‘to have the body of’ is an order issued by the court to a person who has detained another person to produce the body of the latter before it.

Article 32 of the Constitution provides for the Remedies for enforcement of rights conferred by Part III.

According to Clause [2] to Article 32, the Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by Part III.

Question 27 Mr. P, a priest, knowingly officiates an illegal marriage of A who is the husband of C with B. X is guilty of:

(a) Abetment by Intentional aiding

(b) Abetment by Conspiracy

(d) Conspiracy

Ans (a)

Solution. Mr. P is guilty of Abetment by Intentional aiding.

Section 107 of the Indian Penal Code, 1860, provides for Abetment of a thing. It states that a person abets the doing of a thing, who-

Firstly- Instigates any person to do that thing; or

Secondly- Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or

Thirdly- Intentionally aids, by any act or illegal omission, the doing of that thing.

Explanation 1- A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing.

Explanation 2- Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act.

Question 28. In which of the following manner a proposal can be revoked?

(a) By the communication of notice of revocation by the proposer to the other party

(b) By Death of the proposer if the fact of his death comes to the knowledge of the acceptor before acceptance

(d) All of the above

S28. Ans (d)

Sol. Section 6 of the Indian Contract Act, 1872: Revocation how made. It states that a proposal is revoked-

[1] by the communication of notice of revocation by the proposer to the other party;

[2] by the lapse of the time prescribed in such proposal for its acceptance, or, if no time is so prescribed, by the lapse of a reasonable time, without communication of the acceptance;

[3] by the failure of the acceptor to fulfil a condition precedent to acceptance; or

[4] by the death or insanity of the proposer, if the fact of his death or insanity comes to the knowledge of the acceptor before acceptance.

Question 29. A publication that will adversely affect the plaintiff’s reputation is known as:

(a) Slander

(b) Libel

(d) Neither a nor b

S29. Ans (b)

Sol. Defamation occurs when the defendant makes a defamatory statement of and concerning the plaintiff with publication to a third party.

Slander (Defamatory statement): A statement that will adversely affect the plaintiff’s reputation

Libel (Publication): For publication to occur, someone other than the plaintiff (a third party) must hear or read the defamatory statements.

Question 30. A having advanced money to his son, B, during his minority, upon B’s coming of age obtains, by misuse of parental influence, a bond from B for a greater amount than the sum due in respect of the advance. A employs-

(a) Coercion

(b) Undue Influence

(d) Fraud

S30. Ans (b)

Sol. A employs undue influence.

Section 16 of the Indian Contract Act, 1872 defines the term Undue influence. It states as follows:

[1] A contract is said to be induced by “undue influence” where the relations subsisting between the parties are such that one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other.

[2] In particular and without prejudice to the generality of the foregoing principle, a person is deemed to be in a position to dominate the will of another-

[a] where he holds a real or apparent authority over the other, or where he stands in a fiduciary relation to the other; or

[b] where he makes a contract with a person whose mental capacity is temporarily or permanently affected by reason of age, illness, or mental or bodily distress.

[3] Where a person who is in a position to dominate the will of another, enters into a contract with him, and the transaction appears, on the face of it or on the evidence adduced, to be unconscionable, the burden of proving that such contract was not induced by undue influence shall lie upon the person in a position to dominate the will of the other.

Nothing in this sub-section shall affect the provisions of section 111 of the Indian Evidence Act, 1872.

Question 31. Who among the following was the chairperson of the law commission that drafted the Indian Penal Code, 1860?

(a) Sir John McPherson Macleod

(b) Thomas Babington Macaulay

(d) Jorge William Anderson

S31. Ans (b)

Sol. The First Law Commission comprising of Thomas Babington Macaulay, Sir John McPherson Macleod, Jorge William Anderson and F. Millett as Commissioners was constituted in 1834. During 1834-36, the Law Commission under T.B. Macaulay’s supervision prepared the Draft Penal Code codifying uniform penal law for the whole of British India. The Indian Penal Code was enacted by the Indian Legislative Council on 6th October, 1860 and it came into force on 1st January 1862.

Question 32. Industrial design specifically refers to:

(a) Form of expression

(b) Functionality

(d) Invention

S32. Ans (c)

Sol. Industrial design specifically refers to Form of expression with aesthetic appeal

Industrial design as an intellectual property refers to compositions of colors or lines which give a three-dimensional look to a handicraft or product. This constitutes the aesthetic or ornamental part of an article in a legal sense.

Question 33. Which among the following Article grants protection against double jeopardy?

(a) Article 19

(b) Article 20

(d) Article 22

S33. Ans (b)

Sol. Article 20 grants protection against arbitrary and excessive punishment to an accused person, whether citizen or foreigner or legal person like a company or a corporation. It contains three provisions in that direction:

(i) No ex-post-facto law; (ii) No double jeopardy; (iii) No self-incrimination

Question 34. Principle: Nothing is an offence by reason of any harm which it may cause to a person for whose benefit it is done in good faith, even without that person’s consent, if the circumstances are such that it is impossible for that person to signify consent.

Facts: Z is carried off by a tiger. A fire at the tiger knowing it to be likely that the shot may kill Z, but not intending to kill Z, and in good faith intending Z’s benefit. A’s ball gives Z a mortal wound. A has committed:

(a) Culpable homicide not amounting to Murder

(b) Murder

(d) No offence

S34. Ans (d)

Sol. A has committed no offence.

Section 92 of the Indian Penal Code, 1860: Act done in good faith for benefit of a person without consent.

Section 92 states that nothing is an offence by reason of any harm which it may cause to a person for whose benefit it is done in good faith, even without that person’s consent, if the circumstances are such that it is impossible for that person to signify consent, or if that person is incapable of giving consent, and has no guardian or other person in lawful charge of him from whom it is possible to obtain consent in time for the thing to be done with benefit: Provided—

Provisos. First— That this exception shall not extend to the intentional causing of death, or the attempting to cause death;

Secondly— That this exception shall not extend to the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity;

Thirdly— That this exception shall not extend to the voluntary causing of hurt, or to the attempting to cause hurt, for any purpose other than the preventing of death or hurt;

Fourthly— That this exception shall not extend to the abetment of any offence, to the committing of which offence it would not extend.

Question 35. The term used to describe an accused who seeks pardon from the court by agreeing to testify against all others involved in the crime is:

(a) Hostile witness

(b) Approver

(d) None of these

S35. Ans (b)

Sol. The term used to describe an accused who seeks pardon from the court by agreeing to testify against all others involved in the crime is Approver.

Hostile witness: When a party calls in a witness to depose in its own favor, instead the witness goes against the party calling him.

Accomplice: One who intentionally and voluntarily participates with another in a crime by encouraging or assisting in the commission of the crime or by failing to prevent it though under a duty to do so.

Question 36. Mr. A agrees to sell to Mr. B a hundred tons of oil. There is nothing whatever to show what kind of oil was intended. The agreement is:

(a) Void

(b) Valid

(d) Voidable at the instance of Mr. B

S36. Ans (a)

Sol. The agreement is void for uncertainty. Section 29 of the Indian Contract Act, 1872, states that agreements, the meaning of which is not certain, or capable of being made certain, are void.

Question 37. Whenever force or violence is used by an unlawful assembly, or by any member thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty of the offence of:

(a) Rioting

(b) Affray

(d) Criminal Intimidation

S37. Ans (a)

Sol. Section 146 of the Indian Penal Code, 1860, defines the offence of Rioting. It states that whenever force or violence is used by an unlawful assembly, or by any member thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty of the offence of rioting.

Question 38. The rule laid down in which of the following case law is known as the rule of absolute liability?

(a) M.C. Mehta vs Union of India

(b) Ryland vs Fletcher

(d) N Nagendra Rao Case

S38. Ans (a)

Sol. The rule laid down in M.C. Mehta vs Union of India [Oleum gas leak case] is called the rule of absolute liability as it does not recognize any exception.

The principle of holding a person liable for his actions without any kind of wrong doing on his part is called the principle of strict liability or no-fault liability.

The principle of Strict Liability was first upheld in the case of Ryland vs Fletcher by the Privy Council in 1868.

Question 39. A leaves a cow in the custody of B to be taken care of. The cow has a calf. For the purpose of Indian Contract Act, 1872, B is bound to deliver:

(a) Cow only

(b) Cow and Calf both

(d) Cow only if A agrees to give the custody of Calf to B

S39. Ans (b)

Sol. B is bound to deliver the calf as well as the cow to A. Section 163 of the Indian Contract Act, 1872, states that In the absence of any contract to the contrary, the bailee is bound to deliver to the bailor, or according to his directions, any increase or profit which may have accrued from the goods bailed.

Question 40. According to the Right to Information Act, 2005, who shall have the right to information?

(a) All residents of India

(b) All Citizens of India

(d) Every Person

S40. Ans (b)

Sol. Section 3 of the Right to Information Act, 2005, states that subject to the provisions of this Act, all citizens shall have the right to information.

Question 41. Which among the following statement about the Public Interest Litigation is Correct?

I- The real purpose of Public Interest Litigation is the meaningful realisation of DPSPs

II- Public Interest Litigation Introduced the rule of locus standi

III- The dispute between two warring groups purely in the realm of Private law may be allowed to be agitated as Public Interest Litigation

(a) Only I

(b) Only I and II

(d) None of the above

S41. Ans (d)

Sol. The common rule of locus standi was relaxed with the introduction of Public Interest Litigation. According to this rule, only that person whose rights are infringed alone can move the court for the remedies, whereas the rule of Public Interest Litigation is an exception to this rule.

The real purpose of the public interest Litigation is the meaningful realisation of Fundamental Rights.

The Supreme Court while deciding the Case law of Guruvayur Devaswom Managing Committee V. C.K. Rajan (2003) evolved various principles in regard to PIL. One of those principle state that the dispute between two warring groups purely in the realm of Private law would not be allowed to be agitated as Public Interest Litigation.

Question 42. Exposure of goods by the shopkeeper amounts to:

(a) Offer

(b) Invitation to offer

(d) None of the above

S42. Ans (b)

Sol. In the leading case of Pharmaceutical Society of Great Britain v Boots Cash Chemists 1953 1 QB 401, it was held that an exposure of goods by the shopkeeper amounts to invitation to offer.

The display of the goods on the shelves were not an offer which was accepted when the customer selected the item; rather, the proper construction was that the customer made an offer to the cashier upon arriving at the counter, which was accepted when payment was taken. This analysis was supported by the fact that the customer would have been free to return any of the items to the shelves before a payment had been made.

Question 43. A intentionally pushes against Z in the street without Z’s consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy Z. A has committed-

(a) Use of Criminal Force

(b) Assault

(d) Battery

S43. Ans (a)

Sol. Here A has by his own bodily power moved his own person so as to bring it into contact with Z. He has therefore intentionally used force to Z; and since he has done so without Z’s consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy Z, he has used criminal force to Z.

Section 350 of the Indian Penal Code, 1860: Criminal force. It states that whoever intentionally uses force to any person, without that person’s consent, in order to the committing of any offence, or intending by the use of such force to cause, or knowing it to be likely that by the use of such force he will cause injury, fear or annoyance to the person to whom the force is used, is said to use criminal force to that other.

Question 44. In which of the following judgement the Supreme Court attempted to curb the blatant misuse of Article 356 of the Constitution of India?

(a) NOTA case

(b) S. R. Bommai v. Union of India

(d) S P Gupta v. Union of India

S44. Ans (b)

Sol. The Supreme Court in the judgement of S. R. Bommai v. Union of India , AIR 1994 SC 1918 attempted to curb the blatant misuse of Article 356 of the Constitution of India, which allowed President’s rule to be imposed in States. The first and most important question which the Supreme Court had to determine was whether the Presidential Proclamation under Article 356 was justifiable and if so to what extent. Answering the question the apex Court held , the Judicial Review will involve three questions only: – Is there any material behind the proclamation. – Is the material relevant. – Was there any mala fide use of power

Question 45. A voidable contract is an agreement-

(a) Not enforceable by law

(b) Enforceable by law at the option of one or more of the parties thereto, but not at the option of the other or others

(d) None of the above

S45. Ans (b)

Sol. Section 2[i] of the Indian Contract Act, 1872, defines the term Voidable An agreement which is enforceable by law at the option of one or more of the parties thereto, but not at the option of the other or others, is a voidable contract

Question 46. Competency to contract relates to:

(a) Age of the parties

(b) Soundness of mind of the parties

(d) Neither a nor b

S46. Ans (c)

Sol. Competency to contract relates to both age and soundness of mind.

Section 11 of the Indian Contract Act, 1872, states that every person is competent to contract who is of the age of majority according to the law to which he is subject, and who is of sound mind, and is not disqualified from contracting by any law to which he is subject.

Question 47. The Directive Principles of the State Policy are fundamental for:

(a) Governance of the country

(b) Protection of rights

(d) None of the above

S47. Ans (a)

Sol. Article 37 of the Constitution states that the provisions contained in this Part [Part IV: Directive Principles Of State Policy] shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.

Question 48. The supreme command of the Defence Forces of the Union shall be vested in:

(a) President

(b) Prime Minister

(d) Chief of Defence Staff

S48. Ans (a)

Sol. Article 53 of the Constitution provides for the executive power of the Union. It read as follows:

[1] The executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.

[2] Without prejudice to the generality of the foregoing provision, the supreme command of the Defence Forces of the Union shall be vested in the President and the exercise thereof shall be regulated by law.

[3] Nothing in this article shall- [a] be deemed to transfer to the President any functions conferred by any existing law on the Government of any State or other authority; or [b] prevent Parliament from conferring by law functions on authorities other than the President.

Question 49. As per the provisions of the Indian Evidence Act, what is the number of witness required in any case for the proof of any fact?

(a) At least Two Eye Witnesses

(b) At least Three Witnesses

(d) No particular number

S49. Ans (d)

Sol. Section 134 of the Indian Evidence Act, 1872, provides for the provision related to the number of witnesses. It states that no particular number of witnesses shall in any case be required for the proof of any fact.

Chapter IX of the Indian Evidence Act titled “OF WITNESSES” provides for the provisions related to Witnesses.

Question 50. In which of the following case it was held that a contract through telephone is concluded at the place where acceptance is heard?

(a) Lalman Shukla v. Gauri Dutt

(b) Carlill v. Carbolic Smoke Ball Co.

(d) Satyabrata Ghose v. Mugneeram Bangur and Co.

S50. Ans (c)

Sol. In Bhagwandas Goverdhandas Kedia v. M/s Girdhari Lal Parshottamdas and Co. it was held that a contract through telephone is concluded at the place where acceptance is heard. In the same case it was also observed that section 4 of the Indian Contracts Act, 1872 does not imply that the contract is made qua the proposer at one place and qua the acceptor at another place.

DU LLB Legal Aptitude: FAQs

Question 1 – What law programmes are offered by the DU Faculty of Law?

Ans – The Faculty of Law, Delhi University offers 3-year LLB and LLM programmes of 2-years and 3-years.

Question 2- How many law centres of DU offer 3-year LLB course?

Ans – All, there are three CLC DU namely – Campus Law Centre (CLC), Law Centre – I (LC-I) and Law Centre II (LC-II).

Question 3- Does the CLC DU also offer LLM programme?

Ans – No, the CLC DU does not offer LLM course. Instead, the LLM course is offered by the Faculty of Law, Delhi University.

Question 4- Is there any specialization offered for LLB and LLM course by Delhi University?

Ans – No, the university doesn’t offer any specialization in LLB and LLM programmes.

Question 5- What is the best CLC DU?

Ans – There is no hierarchy among the three law centres of DU. All three centres are similar, at one location. Even all these centres offer an almost equal number of seats.