AILET 2016 LLM

Conducted on 01-May-2016

Total time 90 mins

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AILET 2016 LLM Question Paper
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AILET 2016 LLM

Duration: 90 mins Max Score: 100

Test Instructions
1. The total question in the test is 100
2. The total test duration for the test is 90 minutes
3. The maximum marks for the paper is 100
4. One mark will be awarded for every correct answer
5. There is no negative marking

Color coding for type s of Q ue stions

Code Type of Q ue stion

Single Option Correct Multiple Choice Question
One or More Options Correct Multiple Choice Question with Multiple Answers
Numerical Numerical

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AILET 2016 LLM Question Paper
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Q. 1 Single Option Correct +1 0

In the landmark judgment of National Legal Services Authority (NALSA) V. Union of India,
Supreme Court while declaring transgender people to be a 'third gender' observed

A. the Constitution of India will be equally applicable to transgender people

B. the right to self-identification of their gender as male, female or third-gender
C. reservations to be given in admissions to educational institutions and jobs
D. all of the above

Q. 2 Single Option Correct +1 0

Recently Union of India Vs. Sriharan dealt with

A. Compensation
B. State power of remission
C. Restitution
D. Probation

Q. 3 Single Option Correct +1 0

Which Article of the Indian Constitution deals with the suability of the Union of India?

A. Article 100
B. Article 200
C. Article 300
D. Article 330

Q. 4 Single Option Correct +1 0

Which of the following is not correctly matched?

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A. Article 153 - Office of Governor

B. Article 156 - Term of the Governor
C. Article 154 - Executive Authority of Governor
D. Article 155 - Removal of Governor

Q. 5 Single Option Correct +1 0

A took his wide B to England for vacations. Due to some business emergency A had to go
back to his place of work immediately while leaving B in England owing to her ill health. A
promised to pay B 300 Pounds per week as maintenance during her stay in England but
failed to pay. If A sued by B then

A. A is liable for breach of contract

B. A is not liable because he cannot be presumed to have any intention to enter into a
contract with his wife B
C. A is not liable because of lack of consideration on the part of B
D. A is liable because a promise to one's wife result in a binding contract even in the
absence of a consideration for the promise

Q. 6 Single Option Correct +1 0

Which of the following cases are related to Doctrine of Eclipse?

A. Deep Chand V. State of UP

B. State of Gujarat V. Ambica Mills
C. Dulare Lodh V. 3rd Additional District Judge
D. All of the above

Q. 7 Single Option Correct +1 0

Which of the following Constitutional Amendments provide for the formation of a National
Judicial Appointments Commission?

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A. The Constitution (97th Amendment) Act, 2012

B. The Constitution (98th Amendment) Act, 2013
C. The Constitution (99th Amendment) Act, 2014
D. The Constitution (100th Amendment) Act, 2015

Q. 8 Single Option Correct +1 0

According to the Supreme Court a person belonging to non reserved class transplanted by
adoption or marriage or conversion or any other voluntary act to a family belonging to
reserved class does not become eligible to the benefits of reservation either under Article
15(4) or 16(4) of the Constitution in

A. Indra Sawheny V. Union of India

B. Kumari Madhuri Patel V. Additional Commissioner Tribal Development
C. Valsamma Paul V. Cochin University
D. M.D. Kesekar V. Vishwanth Pandu Barde

Q. 9 Single Option Correct +1 0

When a writ is issued to an inferior court or tribunal on grounds of exceeding its

jurisdiction or acting contrary to the rules of natural justice, it is called a writ of

A. Certiorari
B. Mandamus
C. Quo Warranto
D. Habeas Corpus

Q. 10 Single Option Correct +1 0

Assertion (A) : By amendment, Preamble cannot destroy the basic feature of the
Constitution.
Reason (R) : The power to amend does not include the power to abrogate the Constitution.

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A. Both A and R are true and R is the correct explanation of A

B. Both A and R are true but R is not the correct explanation of A
C. A is true but R is false
D. A is false but R is true

Q. 11 Single Option Correct +1 0

Language to be used in the Supreme Court and in the High Courts and for Acts, Bills etc. in
the Legislature shall be

A. Hindi
B. English
C. Hindi or English
D. None of the above

Q. 12 Single Option Correct +1 0

The appointment of only lady principals or lady teachers in a Women's College

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A. Violative of Article 14
B. Is not violative of Article 14
C. Violative subject to conditions
D. None of the above

Q. 13 Single Option Correct +1 0

The concept of judicial review was borrowed from the Constitution of

A. Britain
B. France
C. USA
D. None of the above

Q. 14 Single Option Correct +1 0

In which of the following States of India is Article 31 of the Indian Constitution applicable
even after it was deleted by the 44th Amendment Act?

A. Jammu and Kashmir

B. Himachal Pradesh
C. Sikkim
D. Arunachal Pradesh

Q. 15 Single Option Correct +1 0

Common intention under Sec. 34 implies

A. Similar intention
B. Pre-arranged planning
C. Presence of common knowledge
D. Common design for common object

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Q. 16 Single Option Correct +1 0

Admiralty jurisdiction does not extend over

A. Offences committed on Indian ships on the High seas

B. Offences committed on foreign merchant ships in Indian territorial water
C. Offences committed on foreign warships in Indian territorial water
D. Piracy

Q. 17 Single Option Correct +1 0

The term 'offence' as defined in IPC means

A. Any Act made punishable by the Penal Code

B. Any Act made punishable by the Penal Code or any special or local law, in certain
cases.
C. Both (a) and (b)
D. None of these

Q. 18 Single Option Correct +1 0

In cases of common intention which of the following statements hold true?

A. The members of the mob are presumed to have common intention for the offences
committed
B. In cases excluding gang rape cases it is necessary for the common intention to be
there from the beginning
C. For establishing of common intention it is necessary to prove individual acts of the
accused by direct evidence
D. In gang rape cases it is not necessary for the common intention to be there from the
beginning, it can be developed at the last minute before committing of the offence

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Q. 19 Single Option Correct +1 0

Is it binding on the part of a state to make SC/ST reservation in matter of promotion?

A. Yes
B. Sometimes
C. Occasionally
D. No

Q. 20 Single Option Correct +1 0

Good faith as per the definition of IPC means

A. An act, in fact done honestly

B. An act done under bonafide belief
C. An act done with due care and attention
D. None of the above

Q. 21 Single Option Correct +1 0

X enticed a minor girl G of age 17 years 11 months out of lawful guardianship and kept her
with him in a hotel in another city and later on deserted her. While G was loitering on the
streets of that city, M took her with him and to his village to look for her parents. G was
finally recovered from his house by the police

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A. Only M is guilty of kidnapping

B. Only X is guilty of kidnapping
C. Both X and M are guilty of kidnapping
D. None of the above

Q. 22 Single Option Correct +1 0

Identity of the rape victim must be protected. Which of the following statements is not true
for the protection of the identity of a rape victim?

A. The judgments of the SC, HC and lower courts should avoid using the name of the
victim and simply describe her as the victim
B. The name of the victim should not be disclosed by the court unless it is absolutely
unavoidable
C. Publishing the photograph of the victim in the newspaper is an offence
D. None of these

Q. 23 Single Option Correct +1 0

In which of the following cases did the Supreme Court overrule the judgment of Delhi High
Court and declared that Section 377 of IPC is not unconstitutional?

A. NAZ Foundation V. Government of NCT of Delhi

B. Suresh Kumar Kaushal and another V. NAZ Foundation and others
C. NAZ Foundation V. Union of India
D. NAZ Foundation V. Ram Lal and others

Q. 24 Single Option Correct +1 0

The correct understanding of the offence of theft as defined in Sec. 378 IPC is

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A. The offence of theft is committed the moment one takes into possession another's
property
B. Moving of property out of the possession of another without his consent
C. Dishonest taking of any movable property out of the possession of another
D. None of the above

Q. 25 Single Option Correct +1 0

Which of the following is false about the presumption of innocence?

A. This holds good in all kinds of trials including criminal trial

B. In this case the charge must be reasonably proved
C. It can be easily rebutted
D. Graver the crime, greater will be the degree of doubt that is reasonable

Q. 26 Single Option Correct +1 0

A struck his wife B on the head a single blow with a roller pin. B fell down bleeding from
nose and became senseless. A thinking that B was dead hung her with a piece of rope from
the ceiling which actually caused B's death. A is guilty of

A. Causing culpable homicide not amounting to murder

B. Causing grievous hurt
C. Murder
D. None of the above

Q. 27 Single Option Correct +1 0

X instigates Z to murder Y. Z stabbed Y but Y recovers from the wound

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A. X is not guilty of abetment as desired result not obtained

B. X is guilty of abetment to commit grievous hurt
C. X is guilty of abetment to commit murder
D. None of these

Q. 28 Single Option Correct +1 0

'B' and 'C' were on the railway platform. 'B' has taken a ticket from Allahabad to Delhi. 'B' an
illiterate woman handed over the ticket to 'C' in order to ascertain whether she had a right
ticket. 'C' under the pretence of returning the ticket to Delhi substituted the ticket for the
ticket of a shorter journey and returned that as 'B''s ticket. In this case, 'C' is liable for

A. Cheating 'B'
B. Criminal misappropriation
C. Theft
D. Criminal breach of trust

Q. 29 Single Option Correct +1 0

Which of the following statements correctly describe the clause thirdly of Sec. 300?

A. Intention to cause bodily injury sufficient in ordinary course of nature to cause death
B. It must be proved that the accused intended to inflict the very injury that is present
C. Knowledge that an act of that kind will be likely to cause death must be proved
D. None of the above

Q. 30 Single Option Correct +1 0

Criminal Law Amendment Act, 2013 added new clause in the definition of rape under Sec.
375 IPC. The newly added circumstance under which a man is aid to commit 'rape' is

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A. With or without her consent when she is under eighteen years of age
B. When she is unable to communicate consent
C. Both of the above
D. None of the above

Q. 31 Single Option Correct +1 0

As per the Criminal Law Amendment Act 2013, enhanced punishment of rigorous
imprisonment for a term of not less than 10 years is provided for rape if woman is under

A. 16 years of age
B. 14 years of age
C. 15 years of age
D. None of the above

Q. 32 Single Option Correct +1 0

Which is not the essential element of offence of kidnapping?

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A. Without the consent of the guardian

B. Minor
C. Intention of the accused
D. None of the above

Q. 33 Single Option Correct +1 0

A is tried for murder of B by intentionally shooting him dead. The fact that A was in the
habit of shooting at people with intent to murder them is

A. Relevant fact
B. Irrelevant fact
C. Collateral fact
D. Admission

Q. 34 Single Option Correct +1 0

Mark the incorrect statement.

A. In civil cases, character evidence is inadmissible unless the character of a party is a

fact in issue
B. In criminal cases, the fact that the person accused is of a good character is irrelevant
C. A previous conviction is relevant as evidence of bad character in criminal cases
D. In criminal proceedings, the evidence of bad character is admissible when evidence of
good character has been given

Q. 35 Single Option Correct +1 0

Hearsay evidence is generally inadmissible. However, in certain cases it is admissible.

Which of the following is such a case?

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A. Res gestae
B. Admission and confession
C. Dying declaration
D. All of the above

Q. 36 Single Option Correct +1 0

A borrows Rs. 200 from B and executes a pronote in which the interest rate is given 1%. The
pronote is filled and proved in the court. A wants to lead evidence to the effect that the
interest settled between the parties was 0.5%.

A. This evidence cannot be allowed

B. This evidence can be allowed
C. This evidence may be allowed
D. None of the above

Q. 37 Single Option Correct +1 0

A local development authority announced a housing scheme and accepted applications

under it, subsequently finding that the scheme was in violation of the Master Plan, it
cancelled the project

A. It is free to do so without any shackles of promissory estoppel

B. It is not free to do so due to promissory estoppel
C. It is free to do so without any shackles of promissory estoppel as there cannot be any
estoppel against the government in the exercise of its sovereign, legislative and
executive function
D. None of the above

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Q. 38 Single Option Correct +1 0

Ghanshyam and Afzal are good friends. They are traders and together keep on doing
business transaction very often. In April 2016, they enter in a contract. Afzal has certain
confidential information from his private sources about some change in prices that would
affect Ghanshyam's willingness to proceed with the contract. As per Indian Contract Act,
1872, identify which of the following is applicable.

A. Afzal is bound to inform Ghanshyam about the change in price because he is a close
friend to him
B. Afzal is bound to inform Ghanshyam about the change in price because they have
been doing many business transactions together
C. Afzal is bound to inform Ghanshyam about the change in price because otherwise
that would amount to fraud since it would clearly show Afzal's intentions to mislead
Ghanshyam
D. Afzal is not bound to inform Ghanshyam about the change in price

Q. 39 Single Option Correct +1 0

The contracts where one of the parties has almost nil opportunities to bargain over the
special terms of the agreement while the other party, usually the big corporate, is in a
position to dictate its terms. The terms are prepared by the big corporate while the other
party has no choice but either to accept the terms or leave the deal altogether. Such
contracts are known as

A. Adhesion Contracts
B. Standard form of Contracts
C. Voidable Contracts because the giant company may exploit the weakness of the
individual
D. Both (a) and (b)

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Q. 40 Single Option Correct +1 0

A and B entered into a contract for sale of a Machine. The contract provided that the party
committing breach will pay Rs. 1,500 to other as damages. B committed breach of the
contract. To which of the following A is entitled?

A. Rs. 1,500 as damages from B

B. To reasonable compensation
C. To reasonable compensation even exceeding Rs. 1,500
D. To reasonable compensation not exceeding Rs. 1,500

Q. 41 Single Option Correct +1 0

The differentiating factor between a social agreement and a valid contract is

A. Intention to create legal relation

B. Consensus ad idem
C. Consideration
D. Certainty of performance

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Q. 42 Single Option Correct +1 0

A clause of one Special Voluntary Retirement Package (SVRP) stated inter alia that one
option is made, the employee making the offer cannot withdraw it. Section 5 of the
Contract Act states that an acceptance may be revoked at any time before the
communication of the acceptance is complete as against the acceptor, but not afterwards.
Decide which fo the following is true?

A. The provisions of the Sec. 5 shall have effect always

B. The provisions of SVRP shall be enforceable since it is statutory in nature
C. Both may be made applicable at the same time
D. Since SVRP is a matter of invitation to offer, Sec. 5 is not applicable

Q. 43 Single Option Correct +1 0

A applies to a banker for a loan at a time when there is stringency in the money market.
The banker declines to make the loan except at an unusually high rate of interest. A accepts
the loan on these terms.

A. The contract is valid and not induced by undue influence

B. The contract is voidable because it is induced by undue influence
C. The contract is void because it is induced by undue influence
D. None of the above

Q. 44 Single Option Correct +1 0

When a contract is made on telephone it becomes complete at the place where the
acceptance is heard. In which of the following cases it has been held so?

A. Carlill Vs Carbolic Smoke Ball Co.

B. Bhagwan Das Vs Girdhari Lal
C. Mohori Bibee Vs Dharmodas Ghose
D. Satayabrata Ghose Vs Mugnee Ram

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Q. 45 Single Option Correct +1 0

Find out the correct response. Past consideration is no consideration, this statement is

A. Correct under Indian Law of Contract

B. Correct under English Law of Contract
C. Correct under both English as well as Indian Law of Contract
D. Not correct under both English as well as Indian Law of Contract

Q. 46 Single Option Correct +1 0

Contingent contracts to do or not to do anything, if an impossible event happens, are void,

only if at the time of making of the agreement

A. The impossibility of the event is known to the parties to the agreement

B. The impossibility of the event is not known to the parties to the agreement
C. The impossibility of the event is unascertained
D. Both (a) and (b)

Q. 47 Single Option Correct +1 0

Simrat and Sarthak made a contract grounded on the erroneous belief that a particular
debt is barred by the Indian Law of Limitation. The contact is

A. Void
B. Voidable
C. Neither void nor voidable
D. Both (a) and (b)

Q. 48 Single Option Correct +1 0

Find out the correct answer. A makes a promise to pay Rs. 4,500 to X, Y and Z. X dies. In the
absence of any contract

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A. Y and Z can jointly claim performance of contract from A

B. Any of the survivors promise can claim performance of contract
C. Y, Z and legal representatives of X should jointly claim performance of contract
D. Legal representatives of X alone can claim performance of contract

Q. 49 Single Option Correct +1 0

A contract by which one party promises to save the other from loss caused to him by the
conduct of the promisor himself, or by the conduct of any other person, is called

A. Contract of Guarantee
B. Contract of Indemnity
C. Contract of Bailment
D. Contract of Pledge

Q. 50 Single Option Correct +1 0

In which of the following there is no contract?

A. A teaches his parrot to speak a proposal and sends it to 'B'. The parrot speaks the
proposal before B and B tells his acceptance to the parrot
B. A sits in a public carrier and purchases ticket
C. A after standing on a weighing machine at a railway station, puts a coin in it
D. A gives an advertisement that whosoever will bring lost dog he would be awarded

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Q. 51 Single Option Correct +1 0

Ramesh employs Suresh to beat Mahesh. Ramesh promises to indemnify Suresh against all
the consequences of the act. Suresh beats Mahesh and has to pay damages to Mahesh for
the beatings committed upon him.

A. Ramesh is liable to indemnify Suresh for those damages

B. Ramesh is not liable to indemnify Suresh for those damages
C. Ramesh is liable to indemnify Mahesh for the loss occurred due to the beatings
D. Ramesh is liable to indemnify both Suresh and Mahesh

Q. 52 Single Option Correct +1 0

The leading case of Harvey V. Facet relates to which one of the following

A. Conditional acceptance
B. Cross proposal
C. Continuing offer
D. Invitation to offer

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Q. 53 Single Option Correct +1 0

X offered a reward of Rs. 65,00 through an advertisement to anyone who would bring back
his missing son. Y brings the son of X. In which situation of the following, Y would be
entitled to get the award?

A. When he read the advertisement and started searching the son and brought him
B. When he started searching the son, he did not know about the reward but before
bringing the son, knew about the advertisement
C. When he did not know about the advertisement till he brought the son to X
D. None of the above

Q. 54 Single Option Correct +1 0

In case of guarantee, the liability of the surety is

A. Primary as compared to that of the principal debtor

B. Secondary as compared to that of the principal debtor
C. Co-extensive with that of the principal debtor
D. All of the above

Q. 55 Single Option Correct +1 0

A takes a loan from BS with the promise to pay it back within six months. It is also
stipulated that on the failure to pay within the six months, A will be liable to pay double the
amount borrowed. Which one of the following is the correct statement?

A. It is the nature of penalty so only a reasonable rate of interest can be claimed

B. It is in the nature of liquidated damage so the stipulated amount can be claimed
C. It is a valid agreement so A is liable to pay double the amount borrowed
D. None of the above

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AILET 2016 LLM Question Paper
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Q. 56 Single Option Correct +1 0

In case of non-fulfillment of the contractual obligations, only the parties to the contract can
sue each other. This statement may be called as

A. Privity of Consideration
B. Privity of Contract
C. Both (a) and (b)
D. None of the above

Q. 57 Single Option Correct +1 0

In which case of the following, the doctrine of frustration was recognised in India?

A. Bhagwandas V. Girdharilal and Co.

B. Satyabrati Ghosh V. Mungneeram Bangur and Co.
C. Khwaja Mohammad Khan V. Hussaini Begum
D. Ray Rani V. Perm Adib

Q. 58 Single Option Correct +1 0

In which case of the following, an agreement without consideration may be a contract?

A. If the agreement is in writing

B. If the agreement is in writing and registered
C. If the agreement is in writing and made out of the natural love and affection
D. If the agreement is made out of the natural love and affection and is registered

Q. 59 Single Option Correct +1 0

In a self-service shop, a customer X selects certain goods and brings them to the counter of
the Cashier. In which of the following circumstances, the contract of sale is concluded?

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A. When X selects the goods

B. When X selects the goods and brings them to the counter of the Cashier
C. When Cashier accepts the payment
D. None of the above

Q. 60 Single Option Correct +1 0

X promises Y to drop a prosecution which has instituted against Y for robbery and Y
promises to restore the value of the things taken. Which one of the following is the correct
answer?

A. The agreement is a contract

B. The agreement is immoral
C. The agreement is void as it is in restraint of legal proceedings
D. The agreement is void as its object is unlawful

Q. 61 Single Option Correct +1 0

X sends a registered insured parcel by post to Y but post office does not deliver the parcel
to Y. In the suit instituted by Y against the post office, it is agreed that Y is not a party to a
contract between X and the Post Officer, Y cannot bring a suit to enforce the contract.
Which one of the following is the correct in this case?

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AILET 2016 LLM Question Paper
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A. Y is not entitled to file the suit

B. Y can only file suit on behalf of X
C. Y can file the suit as a constructive trust has been created in his favour
D. Only X is entitled to file the suit

Q. 62 Single Option Correct +1 0

Mental condition of the wrong-doer at the time of wrong doing is

A. relevant in all torts

B. relevant in torts based on fault
C. relevant in torts based on strict liability
D. not relevant in tortious liabilility

Q. 63 Single Option Correct +1 0

A tractor with trolley carrying several persons collides with a train on an unmanned railway
crossing in which many people are killed and injured. In a suit for compensation

A. The railway would be liable because it has no immunity

B. The tractor driver would be liable as there was a breach of duty to take care on his
part
C. The passengers in the trolley are guilty of contributory negligence
D. Nobody would be liable in such a situation as it would be taken to be a mere case of
accident

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Q. 64 Single Option Correct +1 0

State which of the following statements is correct about the Consumer Protection Act,
1986?
A) The provisions of the Act are in addition to any other law in force
B) The Act is special legislation with respect to consumer disputes
C) The provisions of the Act are in addition to and are not in derogation of any other law in
force
D) The provisions of the Act bar jurisdiction of other courts

A. A), B) and D)
B. B) and D)
C. A), B) and C)
D. B) and C)

Q. 65 Single Option Correct +1 0

An overloaded rickshaw with three adults and a child on it, while being driven on the
correct side of the road, is hit by a bus driven at high speed and coming on the wrong side.
Which one of the following is correct in this context?

A. There is no contributory negligence on the part of the rickshaw driver as the fact of
overloading did not contribute to the occurrence of the accident
B. There is contributory negligence on the part of the rickshaw driver as he has
overloaded the rickshaw
C. The bus driver is not liable as the rickshaw driver had the last opportunity to avert the
accident
D. The bus driver and the rickshaw driver both are liable for the accident

Q. 66 Single Option Correct +1 0

In which case it was held that the State Government was in a position of a bailee in relation
of goods seized by its officers and was, therefore, bound to take reasonable care of the
seized goods?

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AILET 2016 LLM Question Paper
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A. Kasturi Lal Ralia Ram Jain V. State of U.P.

B. State of Rajasthan V. Mst. Vidhyawati
C. State of Bombay V. Memon Mahomed Haji Hasam
D. N. Nagendra Rao & Co V. State of A.P

Q. 67 Single Option Correct +1 0

The defendant had filed a complaint to the Magistrate against the plaintiff. The complaint
was dismissed. The defendant moved the Sessions Judge in appeal. He got himself
examined in Sessions Trial although he knew the charge was false and he was acting
without reasonable and probably cause. His complaint was dismissed by the Session Judge.
Thereupon the plaintiff filed a suit for malicious prosecution against the defendant. Which
one of the following conclusion is correct?

A. The defendant is liable for malicious prosecution

B. The defendant is not liable for malicious prosecution
C. The defendant is not liable to pay damages to the plaintiff
D. The plaintiff's suit must be dismissed

Q. 68 Single Option Correct +1 0

A threw a light squib into a crowd, it fell upon X. "X", in order to prevent injury to himself,
threw it further. It fell upon "Y" and "Y" in his turn, did the same thing and it then fell on "B",
as a result of which, B lost one of his eyes. Who would be liable for this?

A. A
B. X
C. Y
D. Himself

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AILET 2016 LLM Question Paper
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Q. 69 Single Option Correct +1 0

A rickshaw carrying three passengers was going on correct side of the road when it was hit
by a bus coming from the opposite direction on the wrong side of the road. The speed of
the bus was very high, so much so that after hitting the rickshaw, it also hit a motorbike
coming from the same side from where the rickshaw was coming. In relation to this case
which of the statement is correct?

A. the suit filed by passengers deserves to be dismissed since the rickshaw was
overloaded
B. the motor biker did not have valid license at the time of accident which is an offence
under law therefore motor biker is not entitled to any compensation
C. the owner of bus is liable to pay compensation to both passengers of rickshaw and
biker after deducting a sum proportionate to their contributory negligence
D. the owner of bus is liable to pay compensation to both passengers of rickshaw and
biker without reducing the amount of compensation

Q. 70 Single Option Correct +1 0

Which of the following is not a principle of factual causation?

A. Multiplier theory
B. 'But for' test
C. 'Material contribution' rule
D. Necessary Element in a Sufficient Set

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AILET 2016 LLM Question Paper
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Q. 71 Single Option Correct +1 0

A car mechanic was was employed by his master, the defendant to repair cars. He repaired
a car and then drove the car for a short distance to check whether he has repaired the car
properly or not. In the process he caused an accident injuring the plaintiff. The master is

A. Liable because it was his servant who had negligently caused the accident for which
he was vicariously liable
B. Not liable because the mechanic was supposed to repair only and as such driving by
him was outside the course of employment
C. Liable because driving was necessarily incidental to the duties of the mechanic since
he was duty bound to check by driving whether the repair he had done was correctly
done or not
D. Not liable because repairing and driving were two distinct acts, and the mechanic was
not authorised to drive but was duty bound to repair only

Q. 72 Single Option Correct +1 0

The owner of a van put notice on the van to the effect that no unauthorised person is
allowed on the van, the driver cannot give lift to any person and that the owner would not
be liable for the damages to any unauthorised person on the van. The driver nevertheless,
gave lift to A, an unauthorised person, who was killed owing to the driver's negligence. The
owner

A. Can take the defence of Volenti non fit injuria and will not be liable as A himself took
the risk of injury
B. Will not be liable because though the driver was doing his duty in driving the van, his
giving lift to A was outside the course of employment
C. Will be liable because the act of merely putting a notice on the van does not exempt
the owner of is vicarious liability for the tortious acts done by his driver
D. Will be liable because his driver acted well within the course of his employment when
he gave lift to A

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Q. 73 Single Option Correct +1 0

A film critic in his review of a film comments adversely on the cinematic values and quality
of the film. The director of the film sues the film critic for defamation. Which of the
following is correct, use the code given below?
1. The film critic is not liable as he can raise the defence of justification.
2. The critic is not liable because it was a fair and bonafide comment in public interest.
3. It was an expression of opinion and not assertion of facts.
4. It was a fair criticism of a film meant for public entertainment.

A. 1 and 3
B. 1 and 2
C. 2, 3 and 4
D. 1 and 4

Q. 74 Single Option Correct +1 0

Who is a consumer under the Consumer Protection Act, 1986?

A. A person who gives his pants for stitching to a tailor

B. A person who purchases goods for sale in his shop
C. A person who purchases a car for being used as a taxi in his taxi service
D. A person who avails of medical services free of cost

Q. 75 Single Option Correct +1 0

The Rule of 'Absolute Liability' was laid down in the case

A. M.C. Mehta V. Union of India

B. Union Carbide Corporation V. Union of India (Bhopal Gas Tragedy case)
C. Minu B. Mehta V. Balakrishna
D. Indian Council for Enviro-Legal V. Union of India

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AILET 2016 LLM Question Paper
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Q. 76 Single Option Correct +1 0

Which one of the following is not an example of vicarious liability?

A. Liability of the principal for the tort of his agent

B. Liability of partners for each others' tort
C. Liability of the master for the tort of his servant
D. Liability of the parents for the tort of the children

Q. 77 Single Option Correct +1 0

The Supreme Court observed that noise pollution cannot be tolerated, even if such noise
was a direct result of and was connected with religious activities in the case of

A. A.P. Pollution Control Board V. Prof. M.V. Naidu

B. Church of God (Full Gospel) in India V. KKR Majestic Colony Welfare Association
C. K.M. Chinappa V. Union of India
D. Narmada Bachao Andolan V. Union of India

Q. 78 Single Option Correct +1 0

The judgment striking down the NJAC Act had a ratio of

A. 3:1
B. 4:1
C. 2:1
D. None of the above

Q. 79 Single Option Correct +1 0

Shreya Singhal V. Union of India dealt with

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AILET 2016 LLM Question Paper
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A. 66 A IT Act
B. 501 IPC
C. 64 IT Act
D. Section 8 RTI Act

Q. 80 Single Option Correct +1 0

Which case cited mediation in rape case sans legal permissibility?

A. Niketan Dussa V. State of Orissa

B. Shashi Kumar V. Union of India
C. M.P. V. Madan Lal 2015
D. Manjit V. State

Q. 81 Single Option Correct +1 0

The method of enquiry adopted by the critical legal thinkers includes which of the
following?

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AILET 2016 LLM Question Paper
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A. Trashing
B. Delegitimation
C. Deriefication
D. All the above

Q. 82 Single Option Correct +1 0

The interpretation given to Article 21 y the Supreme Court in Maneka Gandhi V. Union of
India A.I.R. 1978 SC 597 can be best classified as

A. Naturalist
B. Positivist
C. Sociologist
D. Historical

Q. 83 Single Option Correct +1 0

P's son had been missing for some time. P sent his servant Q in search of his son.
Thereafter, through handbill P offered a reward of Rs. 501 o whoever was able to trace the
whereabouts of his son. Q was successful in tracing the son and brought him to P. Then he
came to know of the reward and claimed it. P refused to pay. In this case

A. Q is entitled to the reward because P had made general offer and whoever fulfilled the
condition of offer was entitled to the reward. Q had, in fact, fulfilled that condition of
offer
B. Since Q was not aware of the offer at the time when he acted upon it, no valid
acceptance could come into existence. Thus Q is not entitled to the reward
C. Since Q was P's servant and was sent by him to trace the son, he cannot claim the
reward
D. Q is not entitled to the reward. It would be P's grace if he gives him Rs. 501 or any
amount by way of reward

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AILET 2016 LLM Question Paper
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Q. 84 Single Option Correct +1 0

August Comte's view that society is like an organism and it can progress when it is guided
by scientific principle, is also known as

A. Scientific approach
B. Scientific positives
C. Law of metaphor
D. Scientific outlook

Q. 85 Single Option Correct +1 0

Who says, "the only right which man can possess is always to do his duty"?

A. Compte
B. Duguit
C. Salmond
D. Austin

Q. 86 Single Option Correct +1 0

Which of the following is the most appropriate statement?

A. Possession is a matter of law and ownership is a matter of fact

B. Possession is a matter of fact and ownership is a matter of law
C. Both possession and ownership are a matter of fact only
D. Both possession and ownership are a matter of law only

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AILET 2016 LLM Question Paper
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Q. 87 Single Option Correct +1 0

Consider the following statements.

i) Judicial precedent is evidence of law in civilian culture.
ii) Judicial precedent is source of law in common law culture.
iii) Doctrinal writings are a source of law in civilian culture.
iv) Common law culture views law as a set set of rules of conduct and civilian culture views
it as a means of resolving disputes in courts.

A. Only iv) is incorrect

B. Only i) and iii) are incorrect
C. Only i) and iv) are incorrect
D. Only i), iii) and iv) are incorrect

Q. 88 Single Option Correct +1 0

In which case the SC held that unwed mother can be the sole guardian of a child?

A. Keshav Kumar V. State

B. ABC V. State of (NCT of Delhi)
C. Raman Bhai V. State of Maharashtra
D. David V. Pinto Kumar

Q. 89 Single Option Correct +1 0

Who has been appointed as Chairman of 21st Law Commission?

A. Justice B.S. Chauhan

B. Justice K.G. Balakrishnan
C. Justice Dattu
D. Justice Sodhi

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AILET 2016 LLM Question Paper
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Q. 90 Single Option Correct +1 0

Which case dealt with compensation issue to the victims of crime?

A. Ankush Shivaji V. State of Maharashtra

B. Harjit Singh V. Union of India
C. Satyapal V. State of Union of India
D. Manohar Singh V. State of Rajasthan

Q. 91 Single Option Correct +1 0

Which of the following is associated with the theory of possession?

A. Corpus possessionis
B. Animus possidendi
C. Animus domini
D. All the above

Q. 92 Single Option Correct +1 0

"In civilised society men must be able to assume that others will commit no intentional
aggression upon them". It has been stated by Pound as

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A. Jural Postulate I
B. Jural Postulate II
C. Jural Postulate III
D. Jural Postulate IV

Q. 93 Single Option Correct +1 0

Which of the following pair is incorrect?

A. Liberal feminism -- strives for equal treatment for men and women under law
B. Radical feminism -- exposes male dominant perspective of law
C. Cultural feminism -- views equality as sameness
D. Postmodern feminism -- suspects grand theory

Q. 94 Single Option Correct +1 0

Rule regarding reasonableness is not that a custom will be admitted if reasonable, but that
it will be admitted unless it is unreasonable

A. Holland
B. Allen
C. Hobbes
D. Austin

Q. 95 Single Option Correct +1 0

Under the umbrella of analytical view of Austin which of the following statements is not
true?

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AILET 2016 LLM Question Paper
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A. Custom becomes a law when it is so declared by the sovereign

B. The custom not so declared are positive morality
C. Sovereign can abrogate custom
D. Customs even without such declaration of sovereign are positive law

Q. 96 Single Option Correct +1 0

"Law ... is a part of a complex social totality in which it constitutes as well as is constituted,
shapes as well as is shaped." Whose words are these?

A. M.G. Kelman
B. Karl Marx
C. Duncan Kennedy
D. D Kairy's

Q. 97 Single Option Correct +1 0

Analytical jurist contended that

A. Legislation is always superior to precendent

B. Precedent is always superior to legislation
C. Legislation and precedent both give away to each other
D. There is no difference in the authority of legislation and precedent

Q. 98 Single Option Correct +1 0

Who observed the following very recently? "Ultimately, it is the fundamental right of a
woman and the government's fundamental duty to protect their (women) right".

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AILET 2016 LLM Question Paper
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A. M.P. High Court

B. Rajasthan High Court
C. Bombay High Court
D. U.P. High Court

Q. 99 Single Option Correct +1 0

Which of the following courts recently held that engaging musclemen to recover loans by
banks and financial institutions to be unlawful?

A. Rajasthan High Court

B. Kerala High Court
C. U.P. High Court
D. Karnataka High Court

Q. 100 Single Option Correct +1 0

The case of Save Life Foundation and Anr. V. Union of India and Anr. was recently in news
for the reasons

A. Sentencing
B. Protection of bystander
C. Victim compensation
D. Witness protection

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AILET 2016 LLM Question Paper
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AILET 2016 LLM

Answers

1. D 2. B 3. C
4. D 5. B 6. D
7. C 8. B 9. A
10. A 11. B 12. B
13. C 14. A 15. B
16. C 17. C 18. D
19. D 20. C 21. A
22. D 23. B 24. C
25. C 26. B 27. C
28. A 29. A 30. C
31. A 32. C 33. B
34. B 35. D 36. A
37. D 38. D 39. D
40. D 41. A 42. B
43. A 44. B 45. B
46. C 47. C 48. C
49. B 50. A 51. B
52. D 53. A 54. C
55. A 56. B 57. B
58. D 59. C 60. D
61. C 62. B 63. B
64. C 65. A 66. C
67. A 68. A 69. D
70. A 71. C 72. B
73. D 74. A 75. A
76. D 77. B 78. B
79. A 80. C 81. D
82. A 83. B 84. B
85. B 86. B 87. A
88. B 89. A 90. D
91. D 92. A 93. C

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AILET 2016 LLM Question Paper
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94. B 95. D 96. D

97. A 98. C 99. B
100. B

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