Subject Code 58 –Law, Paper II

Code J 58 12 of UGC NET Examination held on 24th June 2012

Question No. 10.

Match List-I (Jurist) with List-II (Assumption) and select the correct answer using the codes

given below the lists :

List – I List – II

I. Acquinars (a) Jural postulates

II. Pound (b) Spirit of people

III. Kelsen (c) Ground norm

IV. Savigny (d) Reason and will in law

Codes :

I II III IV

(A) (b) (d) (c) (a)

(B) (d) (b) (c) (a)

(C) (b) (d) (a) (c)

(D) (d) (b) (a) (c)

UGC Answer Key ‘A’

None of the above said codes are correct.

Correct Answer is,

I. Accqinas (d) Reason and will in Law

II. Pound (a) Jural Postulates

III. Kelsen (c) Grounnd Norms

IV. Savigny (b) Spirit of people

Reference: page no. 600-601, 549,473,487 respectivelyJurisprudence & Legal Theory by V.D.MahajanVth Edition ,Reprinted ,2012Eastern Book Company,Lucknow

Enclosure No.: 1 to 4

Question No. 11.

Match List-I with List-II and select the correct answer using the codes given below the lists

List – I List – II

I. Law in a changing society (a) Fuller

II. Human Law and Human Justice (b) Friedmann

III. The morality of law (c) Stone

IV. Ancient law (d) Main

Codes :

I II III IV

(A) (a) (c) (b) (d)

(B) (c) (a) (b) (d)

(C) (b) (a) (d) (c)

(D) (a) (b) (d) (c)

UGC Answer Key ‘B’

None of the above said codes are correct.

Correct Answer is,

I. Law in Changing Society (b) Friedmann

II. Human Law and Human Justice (c) Stone

III. The Morality of Law (a) Fuller

IV. Ancient Law (d) Maine

Law in Changing Society by Friedmann, W.

Publisher: Stevens & Sons Ltd, 1959

Human Law and Human Justice by Stone, J.

Publisher: Stevens & Sons Ltd, 1965

The Morality of Law by Fuller, L.L.

Publisher: Yale University Press, 1969

Ancient Law By Henry Sumner Maine,

Publisher: John Murray, Albemarle Street. London 1861.

Enclosure No.: 5Question No. 14.

Assertion (A) : Customs to have the force of law must be immemorial.

Reason (R) : Custom represents common consciousness of people.

Codes :

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

(B) Both (A) and (R) are true and (R) is not a correct explanation of (A).

(C) (A) is true, but (R) is false.

(D) (A) is false, but (R) is true.

UGC Answer Key ‘D’

Correct Answer ‘B’

Refernce: page no. 239,229 respectivelyJurisprudence & Legal Theory by V.D.MahajanVth Edition ,Reprinted ,2012Eastern Book Company,Lucknow

Enclosure No.: 6 & 7

Question No. 27.

An agreement made by mistake is

(A) Void (B) Voidable

(C) Illegal (D) Immoral

UGC Answer Key ‘A’

The above question is incomplete. There are two types of mistakes within The Indian Contract

Act 1872, dealt in Sec 20, Sec 21, and Sec 22 respectively. Firstly Mistake as to Matter of Facts

and Secondly Mistake as to Law.

Mistake of the matter of Facts by both parties - Void.

Mistake as to law in force within the India – Not Voidable

Mistake as to law not in force within the India- Same effect as a mistake of Fact ie. Void

Mistake of the matter of Facts by one party- Not Voidable

Reference: page no. 8, The Indian Contract Act, 1872 (Act No.9 of 1872), Bare Act

Diglot Edition 2012,

Alia Law Agency, Allahabad.

Enclosure No.:8

Subject Code 58 –Law, Paper III

Code J 58 12 of UGC NET Examination held on 24th June 2012

Question No. 20.

Assertion (A) : Kelsen follows Kant in distinguishing between ‘is’ and ‘ought’.

Reason (R) : Kelsen is a forerunner of philosophical school.

Codes :

(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 a correct explanation of (A).

(C) (A) is true, but (R) is false.

(D) (A) is false, but (R) is true.

UGC Answer Key ‘A’

Correct Answer ‘C’

Reference: page no. 275, 276, Legal Theory: By W. Friedmann

Published by: Stevens &Sons Ltd. London 1967

Enclosure No. 9

Question No. 48.

A Muslim wife can relinquish her Mahr

(A) When she is minor

(B) When she has attained the age of puberty

(C) When she is not less than 18 years of age

(D) When she is not less than 21 years of age.

UGC Answer Key ‘C’

Correct Answer ‘C’

Reference: page no. 96, A Text Book on Muslim Law by Dr. Rakesh Kumar Singh

Edition 2011, Universal Law Publishing Co. Pvt. Ltd. Delhi

Enclosure No. 10

Question No. 49.

In Islamic Law “Faskh” means

(A) Restitution of conjugal rights

(B) Judicial separation

(C) Dissolution or rescission of the contract of marriage by judicial decree at the

instance of the husband.

(D) Dissolution on rescission of the contract of marriage by judicial decree at the

instance of the wife.

UGC Answer Key ‘C’

Correct Answer ‘D’

References:1- page no. 123, 124, Family Law on Divorce and Judicial Separation

By Naseem Akhtar Edition 2003

Published by: Deep &Deep Publications Pvt. Ltd. New Delhi.

2- page no.33 Women in Muslim Family Law by Jhon L. Esposito

IInd Edition 2001

Published by: Syracuse University Press, New York U.S.A.

Enclosure No. 11& 12

Enclosure No.: 1 for Question No. 10. Paper II Reference: Jurisprudence & Legal Theory by

V.D.Mahajan Vth Edition ,Reprinted ,2012 Eastern Book Company,Lucknow

Enclosure No.: 2 for Question No. 10. Paper II Reference: Jurisprudence & Legal Theory by V.D.Mahajan Vth Edition ,Reprinted ,2012 Eastern Book Company,Lucknow

Enclosure No.: 3 for Question No. 10. Paper II Reference: Jurisprudence & Legal Theory by V.D.Mahajan Vth Edition ,Reprinted ,2012 Eastern Book Company,Lucknow

Enclosure No.: 4 for Question No. 10. Paper II Reference: Jurisprudence & Legal Theory by

V.D.Mahajan Vth Edition ,Reprinted ,2012 Eastern Book Company,Lucknow

Enclosure No.: 5 For Question No. 11. Paper II

Enclosure No.: 6 for Question No. 14. Paper II Refernce: Jurisprudence & Legal Theory by V.D.Mahajan Vth Edition ,Reprinted ,2012 Eastern Book Company,Lucknow

Enclosure No.: 7 for Question No. 14. Paper II Refernce: Jurisprudence & Legal Theory by V.D.Mahajan Vth Edition ,Reprinted ,2012 Eastern Book Company,Lucknow

Enclosure No.:8 for Question No. 27. Paper II Reference: The Indian Contract Act, 1872 (Act No.9 of 1872), Bare Act Diglot Edition 2012, Alia Law Agency, Allahabad.

Enclosure No. 9 for Question No. 20. Paper III Reference: Legal Theory: By W. Friedmann

Published by: Stevens &Sons Ltd. London

1967

Enclosure No. 10 for Question No. 48. Paper III Reference: A Text Book on Muslim Law

by Dr. Rakesh Kumar Singh Edition 2011, Universal Law Publishing Co. Pvt. Ltd. Delhi

Enclosure No. 11 For Question No. 49. Paper III References:1 Family Law on Divorce and

Judicial Separation By Naseem Akhtar Edition 2003 Published by: Deep &Deep

Publications Pvt. Ltd. New Delhi.

Enclosure No. 12 For Question No. 49. Paper III Reference: 2- Women in Muslim Family

Law by Jhon L. Esposito Published by: Syracuse University Press, New York U.S.A.