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Kerala PSC Legal Assistant/ Legal Assistant Grade II Previous Question Paper – 064/2022

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Post NameLegal Assistant/ Legal Assistant Grade II
DepartmentKSIDC Ltd/ Law Department (Govt. Secretariat)
Question Paper Code064/2022
Category Code067/2020, 478/2020, 479/2020, 480/2020
Date of Test3 June 2022
Medium of QuestionENGLISH
Exam TypeOMR Examination
Total Questions100
1
What was the contention of Hart regarding the interrelation between law and morality in the course of Hart-Fuller debate ?
Answer
A. There is no necessary connection between law and morality.
2
What is the jural correlative of ‘power’ according to Hohfeldian analysis of ‘Rights in a Wider Sense’ ?
Answer
C. Liability
3
What, according to Salmond, is the definition of the legal concept of ‘property’ ?
Answer
A. Proprietary ‘rights in rem’
4
Doctrine of ‘prospective overruling’ was for the first time applied in India in the case of:
Answer
B. I.C. Golaknath v. State of Punjab
5
Who among the following jurists was against codification of laws ?
Answer
D. Friedrich Carl von Savigny
6
Which one of the following philosophies regards ‘pleasure’ as the ultimate goal of life ?
Answer
B. Hedonism
7
What is an ‘imperfect right’ ?
Answer
C. A right which is not enforceable by law
8
Which of the following maxims means that the meaning of a word can be known by its associate words ?
Answer
B. Noscitur a sociis
9
Which rule of interpretation refers to the idea that words are used in a lawful and rightful sense ?
Answer
A. In bonam partem
10
Where there are provisions in a special Act and in a general Act on the same subject which are inconsistent, the specific principle of interpretation applicable is:
Answer
D. Generalia specialibus non derogant
11
The Preamble of the Constitution of India got inspiration from which constitution ?
Answer
C. USA
12
Reservation of seats for SCs & STs in the Lok Sabha and State Legislative Assemblies was extended from 70 years to 80 years by ______ amendment.
Answer
C. 104
13
The chairperson of GST Council is
Answer
B. Union Finance Minister
14
Which of the following statement is correct ? 1. Delegated legislation cannot modify the parent Act. 2. Judiciary can strike down delegated legislation if it is contrary to parent Act. 3. Delegated legislation can provide details contrary to parent Act.
Answer
A. 1&2
15
Law under Article 13(3)
Answer
D. All the above
16
Article 380 of the Constitution deals with setting up of ______ .
Answer
Question Cancelled
17
Identify the exceptions to the principle of natural justice.
Answer
D. All the above
18
Chairman of UPSC is appointed by ______.
Answer
A. President
19
Identify the correct answer. Natural Justice includes . 1. Nemo judex in causa sua 2. Audi alteram partem 3. Doctrine of legitimate expectation
Answer
B. Only 1&2
20
According to A.V. Dicey, rule of law includes 1. | Equality before law 2. Supremacy of law 3. Equal justice 4. — Pre-dominance of legal spirit
Answer
C. 1,2&4
21
The defence of infancy under Section 82 of IPC lays down:
Answer
B. a conclusive or irrebuttable presumption of law
22
Assertion (A) : The Indian Penal Code contains certain exceptions from criminal liability. Reason (R) : There cannot be universal criminal liability in all circumstances. From these statements decide:
Answer
A. Both
23
X intentionally causes Y’s death partly by illegally omitting to give food and partly by beating. Decide the offence committed by X ?
Answer
D. Murder
24
Which one of the following statements is correct regarding Sections 34 & 149 of IPC ?
Answer
C. Section 34 creates no specific offence, while Section 149 creates a specific offence.
25
The Supreme Court held in the case of State of Maharashtra v. Madhukar N. Mardikar, that:
Answer
A. Intercourse with a prostitute against her will is a rape.
26
In which of the following cases, police can arrest a person without a warrant ?
Answer
D. Has committed an offence punishable with imprisonment for a term more than 7 years. A 5 064/2022
27
“An Assistant Sessions Judge may pass any sentence authorised by Law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding 10 years”. This statement is
Answer
A. Absolutely correct
28
Which among the following instances, the offence cannot be tried summarily ;
Answer
C. Offences punishable with imprisonment exceeding 2 years.
29
The statement of the accused under Section 313 of Criminal Procedure Code :
Answer
B. Has to be recorded without oath.
30
A preliminary inquiry into the commission of offence under Section 159 of Criminal Procedure Code, can be conducted :
Answer
D. (B) and (C) only
31
A sues B for possession of property contending that he is tenant of C and C is joined as pro-forma defendant. The suit is dismissed as the Court finds B to be the owner. Thereafter, C files a fresh suit against B for possession on the basis of title. Is the suit filed by C maintainable ?
Answer
B. Findings of the earlier suit would not operate as Res Judicata in a subsequent suit as C was only a pro-forma defendant and suit is maintainable since no relief was claimed against him.
32
Which of the following statements are true as to Set-off and Counter-claim:
Answer
C. Counter-claim has the effect of a cross-suit and the court can pronounce a final judgment both on the original claim and the Counter-claim.
33
A deposits a box of jewels with B as his agent. He then writes to C for the purpose of making the jewels a security for a debt due from himself to C. A afterwards alleges that C’s debt is satisfied, and C alleges the contrary. Both claim the jewels from B. Advise B ?
Answer
A. B may institute an interpleader suit against A and C since C claims through A.
34
Assertion : Judgment on admissions cannot be claimed by parties as a matter of right. Reason : Power to give judgment under Order XII Rule 6 of CPC is discretionary.
Answer
D. Both assertion and reason are true and the reason is the correct explanation of assertion.
35
The Scienter Rule is related to which of the following tortious liability ?
Answer
C. Liability for Animals
36
A proposes, by a letter sent by post, to sell his house to B. B accepts the proposal by a letter sent by post. A and B may revoke his proposal and acceptance respectively at (i) Any time before or at the moment when B posts his letter of acceptance but not afterwards. (ii) Any time after or the moment when B posts his letter of acceptance. (iii) Any time before or at the moment when the letter communicating it reaches A, but not afterwards. (iv) Any time after or at the moment when the letter communicating reaches A.
Answer
A. Both (i) & (iii)
37
Assertion : Surety’s liability comes to an end if the principal debtor is discharged by the creditors. Reason : Surety’s liability is co-extensive with that of principal debtor.
Answer
D. Both assertion and reason are true and the reason is the correct explanation of assertion.
38
Which of the following statements are true ?
Answer
C. Both
39
A and B were partners in a firm X & Co. A retired but no public notice of the retirement was given. C joined as a new partner. The partnership of B and C continued as X & Co. A creditor of this partnership bought a suit against A, B and C. Decide
Answer
B. The creditor cannot sue all the three since he should elect between the partnership by estoppel between A and B and the existing partnership between B and C.
40
A owes B, under a contract, a sum of money, the amount of which has not been ascertained. A, without ascertaining the amount gives to B, and B, in satisfaction thereof, accepts, the sum of ` 2000/-, then
Answer
A. A is discharged of the whole debt under Section 63 of Indian Contract Act.
41
Which among the following statement is true ?
Answer
D. All of the above.
42
A gun, suspected to be used in a murder 5 years ago, was found from the possession of Venu. He claims that the gun is not his and that his friend Aravind owns the gun. Who has the burden to prove that Venu is not the owner of that gun ?
Answer
A. Venu
43
Which of the following fall under the category of privileged communications under the Evidence Act, 1872 ? i. Communications during marriage. ii. Professional communications between lawyer and client. iii. Professional communications between a doctor and patient.
Answer
A. Only i & ii
44
Which of these questions are lawful in cross -examination of witness under the Evidence Act, 1872 ? i. Leading questions ii. Questions to test veracity of the witness iii. Questions to injure the character of the witness
Answer
D. All of the above (i, ii & iii)
45
Which of the following fall under the category of ‘document’ under the Evidence Act, 1872 ?
Answer
D. All of the above 064/2022 8 A
46
Which of the following are permissible deductions that can be made from wages ? i. Fines imposed. ii. Withholding of increment in conformity with procedure. iii. Deduction for house / accommodation provided by employer.
Answer
C. Only i & iii
47
Who among these can be an aggrieved person under the Sexual Harassment of Women at Workplace Act, 2013 ? i. A woman working in an establishment. ii. A woman visiting a workplace. iii. A student in an educational institution.
Answer
D. All of the above (i, ii & iii)
48
Mr. P started a factory for manufacture of shoes on 1st January 2018 which is still in operation. He made a very huge profit in the accounting year 2020-2021 and the allocable surplus exceeded the minimum bonus amount for all employees. Which of the following statement is true ?
Answer
D. Mr. P has to pay bonus proportionate to the salary of the employees only for the accounting year he made profit.
49
Due to the rise in COVID cases, the Government is declaring a lock down. An employer wants to reduce the number of employees in his factory during this period of lockdown due to non-availability of raw material. Which among the following measure should he opt ?
Answer
B. Lay-Off
50
The general fund of a registered trade union cannot be used for which of the following purpose ?
Answer
C. For holding of any meeting in support of any candidate for election as member of legislative body.
51
Who among the following can claim maintenance under the Maintenance and Welfare of Parents and Senior Citizens Act ? i. Grandparents ii. Adoptive parents iii. Step-parents
Answer
D. All of the above (i, ii & iii) A 9 064/2022
52
In which of the following case was it held by the Supreme Court that “the discrimination on the ground of ‘sex’ under Articles 15 and 16 includes discrimination on the ground of gender identity” ?
Answer
B. National Legal Service Authority v. Union of India
53
Which of the following are obligations of the governments in relation to persons with disabilities ? i. Ensure enjoyment of right to equality and life with dignity. ii. Ensure the right to live in a community. iii. Ensure access to information regarding reproduction.
Answer
D. All of the above (i, ii & iii)
54
A woman complaint that her husband and mother-in-law repeatedly says that her husband does not love her and does not give any money to maintain her. They also threaten to throw her out of her house. Which of the acts can be done under the Protection of Women from Domestic Violence Act, 2005 ? i. Raise complaint against her husband. ii. Raise complaint against her mother-in-law. iii. Apply for monthly maintenance.
Answer
D. All of the above (i, ii & iii)
55
Which of the following is covered under the Protection of Children from Sexual Offences Act, 2012 ?
Answer
D. All of the above
56
The Perpetuity period under the Transfer of Property Act, 1882 is
Answer
C. One or more lives in being and the minority of some person who shall be in existence at the termination of the prior interest.
57
Negative covenants are those where
Answer
B. The covenants run with the land.
58
Which of the following is/are true in the case of a simple mortgage (i) There is delivery of possession of the mortgaged property. (ii) There is personal liability of the mortgagor. (iii) Mortgaged property can be sold without the intervention of the court. (iv) The mortgagee can enjoy the usufructs of the mortgaged property.
Answer
C. Only (ii)
59
A gift by a single transfer to the same person of several things one of which is and the others are not burdened by an obligation is called
Answer
B. Onerous gifts
60
Which of the following principles under the Transfer of Property Act, 1882 cannot be said to be an exception to the maxim nemo dat quod non habet ?
Answer
B. Part Performance
61
Joint Forest Management was started in the year
Answer
C. 1990
62
The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 identifies which of the following types of rights to Forest Dwelling Scheduled Tribes and Other Traditional Forest Dwellers ?
Answer
D. All of the above
63
The National Green Tribunal while passing any order or decision or award shall apply the following principle
Answer
D. All of the above
64
When the Government intends to acquire land for a public purpose, it shall carry out Social Impact Assessment study. However, the appropriate Government may exempt the undertaking of Social Impact Assessment study where land is proposed to be acquired invoking the urgency provisions laid down under
Answer
B. Section 40
65
The Kigali amendment was an amendment to which of the following international conventions aimed at conserving the environment ?
Answer
C. Montreal Protocol
66
Arrange the following treaties in chronological order. Use the code given below (1) Convention on the law of sea (2) Chicago Civil Aviation Convention (3) The Moon Treaty (4) Montevideo Convention on the Rights and Duties of the States
Answer
A. (4) (2) (3) (1)
67
Which of the following international legal maxim means, “Norms which are non- derogable and peremptory, enjoy the highest status within customary international law, are binding on all nations, and cannot be preempted by treaty” ?
Answer
C. Jus cogens
68
Read the following statements carefully and select the correct answer relating to the refugee states in international law. Statement - 1 The 1967 Convention relating to the Status of Refugees and its Protocol recognizes certain rights and privileges to the refugee persons. Statement - 2 A refugee is a person who is “owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country”.
Answer
B. Statement 1 is false and Statement 2 is true
69
Using the codes, choose the essential qualifications a state should posses as an International person under Article 1 of Montevideo Convention on the Rights and Duties of the State, 1933 (1) A Permanent population (2) A defined territory (3) Government (4) Willingness to obey international norms
Answer
D. (1), (2) and (3)
70
Which of the following article in Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977 states that “Journalists engaged in dangerous professional missions in conflict areas are to be protected as having civilian status, and may obtain a special identity card ?
Answer
A. Article 79
71
Find out the correctly spelt word from the following.
Answer
B. Bureaucracy
72
Choose the correct sentence from the following.
Answer
A. The parents as well as the kid were responsible for the poor performance.
73
Change the voice Who makes the disturbance ?
Answer
C. By whom is the disturbance made ?
74
If you ______ the patient in time, we could have saved his life.
Answer
B. had brought
75
Use the correct one word for the underlined phrase The hare ran away with short and quick jumps
Answer
C. scampered
76
Choose the correct form of reported speech. Sheela said to me, “I have been living here since my childhood.”
Answer
C. Sheela told me that she had been living there since her childhood.
77
Choose the correct meaning the underlined idiom. Sheela cut a dash at the party the other day that everyone praised her.
Answer
A. was stylish and impressive
78
No sooner ______ the bus than the driver ______ the bus.
Answer
A. had he entered— started
79
Everybody is interested, ______ ?
Answer
A. aren’t they ?
80
The meaning of the idiom, ‘break a leg’ is...
Answer
D. to wish good luck
81
He died ______ cancer.
Answer
A. of
82
I saw Mr. John ______ year ago.
Answer
B. a
83
A deipnosophist is a person skilled in ______.
Answer
A. table talk
84
Opposite of the word ‘Invincible’ is... .
Answer
B. vulnerable
85
Sheela ______ to the market when the accident ______ .
Answer
A. was going, occurred
86
John fell ______ with his father and refused to talk to him.
Answer
D. out
87
Had I not helped him, he ______ escaped.
Answer
C. would not have
88
Every member of that crowd of 500 people ______ not interested to move forward.
Answer
B. was
89
Nobody called, ______ ?
Answer
B. did they ?
90
Find out the wrongly spelt word from the following.
Answer
D. Accomodation
91
Which among the following was the only session of Indian National Congress that was presided by Mahatma Gandhi ?
Answer
D. Belgaum
92
Who has the power to promulgate ordinances during the recess of Parliament ?
Answer
B. President
93
Which is not related to Silent Valley National Park ?
Answer
C. Silent Valley National Park was inaugurated by Indira Gandhi.
94
Which one of the following bodies finalizes the five year plan proposal ?
Answer
A. National Development Council
95
Indian Council for Cultural Relations was founded by
Answer
D. Maulana Abul Kalam Azad
96
Which of the following group of rivers originated from Himachal Mountain ?
Answer
C. Beas, Ravi and Chenab
97
Which city in China will be the host for 2022 Asian Games ?
Answer
D. Hangzhou
98
Which type of Hackers use their capabilities to uncover security flaws so they can make recommendations for improvement ?
Answer
C. White hat
99
The Sanskrit book “Bhakti Manjary” written by
Answer
A. Swati Tirunal
100
The unit of Refractive Index is
Answer
D. No unit 064/2022 14 A

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