UDAYA PUBLIC SCHOOL, AYODHYA

First Term Examination (2023-24)

TIMING 3:00 Hours SUBJECT – LEGAL STUDIES (074)
CLASS – XII M.M : 80
Instructions

 All questions are compulsory.

 Section A MCQ – 1 marks. ( Question – 1-20)
 Section-B Very Short Answers – 2 marks. ( Question – 21-28)
 Section – C Short Answers – 3 marks. ( Question – 29-36)
 Section- D Long Answers – 4 marks. ( Question -36-40)
 Overall internal choice has been given.

Section- A (20 marks)

1. Every promise and every set of promises forming consideration for each other is an
A. Agreement. B. Contract C. Offer. D. Acceptance
2.A contract with or by minor is
A. Valid Contract B. Void Contract. C. Voidable Contract D. Void ab initio contract
3. ‘No person accused shall be compelled to be a witness against himself ‘ this clause is known as
A. Ex- Post Facto law. B. Double Jeopardy. C. Prohibition against self incrimination. D. None of the above
4. Rahul is facilitating an alternative dispute resolution in which parties appoints a neutral third party who facilitates the
parties in achieving an acceptable, voluntary agreement, which is more formal than negotiation.What is Rahul facilitating?
A. Arbitration B. Mediation. C. Conciliation. D. Administrative tribunal
5. Rakesh plans a get together of friends at his home. Ravi, one of his friends, promised to make a special dish for the
guests. On the day of get together Ravi did not come nor did he arrange for the dish. Since it was the only starter
planned in the menu, Rakesh had to face embarrassment. He sues Ravi for the breach of contract. Will Rakesh succeed
in his action?
A. Rakesh will succeed because Ravi failed to keep his promise.
B. Rakesh will succeed because his reputation was affected due to negligent behaviour of Ravi.
C. Rakesh will not succeed because there is no consideration for Ravi to keep his promise.
D. Rakesh will not succeed because Court doesn’t entertain such petty issues.
6.Vikas, a 16 year old offer to sell their plot in Noida to Arshad (aged 24) for RS. 10 lacs. Vikas took an advance of Rs.1 lac
from Arshad. Vikas’s father was annoyed with him at the transaction and did not allow the transfer. Arshad brought a suit
for specific performance against Vikas. Will he succeed?
A. Arshad will succeed as Vikas entered into the contract with his own free will.
B. Arshad will succeed as there is no consideration and it is valid.
C. Arshad will not succeed as Vikas’s father did not approve the transfer .
D. Arshad will not succeed as Vikas does have the capacity to contract.
7. In which of the following situations do two parties out of their own free will appoint a natural third party to resolve their
disputes?
A. Lok Adalat. B. Family court. C. Conciliation. D. Arbitration
8. Mohan purchases a mixer grinder from M/s Makil and Bros. Grinder malfunctions with in the warranty period. Both the
manufacturer and the seller fail to rectify the problem and a dispute insues. The dispute may best be resolved through
A. Mediation. B. Conciliation. C. Arbitration. D. Negotiation
9. Which one of the following contracts is specifically enforceable?
A. A, an author, contracts with B, a publisher, to complete a literary work.
B. A contracts to sell and ‘B’ contracts to buy a residential building.
C. A contracts to marry 'B'
D. A contract by a guardian to purchase immovable property on behalf of a minor.
10. A asked B : I want to purchase your bike. What will be the cost ? B replied that the cost will not be less than Rs.
20,000/-. A was interested to purchase it for Rs. 20,000/-. Which one of the following statement is correct?
A. There was a proposal which was accepted. B. There was neither a proposal nor an acceptance.
C. There was proposal but no acceptance. D. There was a counter offer which was accepted.
11.Specific performance of contract is allowed where
 A. The plaintiff Is not entitled to recover compensation. B. The defendant is incompetent to perform the contract.
C. Compensation is not the adequate relief. D. The defendant has died.
12. A permanent Lok Adalat shall take cognizance of any
A. Matter relating to an offence not compoundable under any law.
B. Matter relating to an offence compoundable under any law.
C. Public utility service related matter where the value of the property in dispute exceeds 10 lakh rupees.
D. Matter referred to it by the district judge.
13.Which of the following is a Constitutional right but not a fundamental right?
A. Protection of life and personal liberty B. Right to move freely throughout the territory of India.
C. Right to assemble peaceably. D. Right to hold property.
14. Supreme Court of India has led down the law relating to Alternative Dispute Resolution processes and Section 89 of the
Code of Civil Procedure in the case of:
A. Dinesh Kumar Vs. Yusuf Ali B. Afcon Infrastructure Ltd. Vs. Cherian Warkey Construction Co.
C. Bimlesh Vs. New India Assurance Co. D. Standard Chartered Bank Vs. Noble Kumar.
15. Which article of the Constitution of India provides that the law declared by the Supreme Court of India shall be binding
on all courts within the territory of India?
A. Article 141. B. Article 139-A. C. Article 140. D. Article 142
16. Which of the following are true of the Central Administrative Tribunal?
1. It was established under the provisions of article 312 A of the constitution.
2. It was set up by an order of the President of India.
3. It was set up in 1985.
4. It was set up by an act of Parliament.
A. 1,2 and 3. B. 1,3 and 4. C. 3 and 4. D. 2,3 and 4
17. In which of the following courts, election of a person to Lok Sabha can be challenged?
A. District Court. B. Election Tribunal. C. High Court. D. Supreme Court
18. An acceptance can be revoked :
A. At any time before the communication of acceptance is complete as against the promisee.
B. After its acceptance comes to the knowledge of the promisor.
C. Both a and b. D. Neither a nor b.
19. A contracts with B to pay him a large sum of money when he marries C. B married D instead. He now asks for the
money. Is the contract now void?
A. The contract is void as B has married someone else.
B. The contract is void as it restrains B’s choice in marriage.
C. The contract is still valid as B may marry C as some point in future, and would then become eligible for money.
D. The contract is valid and enforceable now as it depends on B marrying and not who he marries.
20. 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.
Section- B [16 marks ]
21.Kapoors and Bedis are neighbours living on the first and second floor of ABCL apartments. The issue between the two is
that the water from the kitchen area of Bedis seeps through and the wall of Kapoors kitchen is drenching. The electric
gadgets are fitted on that wall and it leads to electric shock. Kapoor's have been trying to draw the attention of Bedis to
this problem. How can this issue between the two be resolved.
22. Mrs. Sfoorti Sinha is a English lecturer who offered a reward of 10000 to the top scorer in her class. Nisha, a student
claim the reward after scoring the highest marks. Mrs. Sinha, however, refused to give the reward, stated that she is not
legally bound. Examine the remedy available in this context.
23. What is the relation between TDSAT ( Telecom Dispute Settlement Appellate Tribunal)And TRAI ( Telecom Regulatory
Authority of India) ?
24.” Tribunals are not meant to replace the courts.” Explain this fact.
25. The constitutional imperatives that permit the Supreme Court to adjudicate and advice on disputes, come from the
sub- ordinate courts. In the recent years, the Supreme Court has relaxed it’s locus standi and has its own initiative started
cases of public importance.
A. What is meant by locus Standi.
26. Which form of extra ordinary jurisdiction has been created by locus standi relaxation? State any two characteristics of
this form of extra ordinary jurisdiction.
27. A utility company digs up a section of the lawns of Mr. Sanjeev Kumar to repair the telephone lines. Soon, his
neighbour , Mr. Walia, starts to grow tomatoes in the dug up patch. Mr. Sanjeev requested Mr. Walia to shift, the plants to
his kitchen garden but he refused to do so. Identify and explain the alternative dispute resolution technique that is best for
resolution to the dispute that ensures.
28. Define original jurisdiction of High Court.
Section -C [24 marks ]
29. Delay in disposal of cases has resulted in huge pendency in traditional Indian courts. However, litigant’s faith in justice
delivery mechanism has been reviving due to other means of dispute resolution.
A. Identify the system that makes, this possible.
B. State two benefits of this system of dispensing Justice.
30.’42ndAmendment Act, 1976 ushered the era of tribunalisation of Indian Judiciary’ and the enactment of Administrative
Tribunals Act, 1985 empowered the justice system of India.
A. Name the two tribunals that were formed under the Administrative Tribunals Act 1985.
B. State the procedural benefits of a tribunal.
31. All contracts are agreement but all agreements are not contract. Explain.
32.’Independence of Judiciary and impartiality of judges exist as to distinct concepts, yet this concept must be studied in
conjunction as the aim at achieving the same goal.’ Justify stating the constitutional provisions for safeguarding both.
33. A frustrated judge in an English Court finally asked a barrister after witnesses had produced conflicting accounts, ' Am
I never to hear the truth? ‘ No, my lord, merely the evidence', replied counsel. To which judicial system does this judge
belong? What is his role in such a system? Give two disadvantages of this system.
34. Why is the' Keshavanand BharatI vs.State of Kerala case is regarded as a basic structure case in the history of Indian
Judiciary? Explain the impact of this decision on the working of the Constitution of India?
35. Who are competent to contract? Discuss the effects of minor’s agreement?
36. Sushila is a minor who looks older than her age. Subroto is a major who enters into a contract with Susheela thinking
that she is a major too.
Later Subroto found that Susheela is a minor.
Is the contract valid? Give reasons.
State the exception to the rule regarding capacity to contract by a minor as stated in the Indian Contract Act, 1872.
Section- D [20 marks ]
37. The Indian Constitution contains several provisions to serve the twin functions of Independence and impartiality of
Indian Judiciary. Explain the features of the Constitution for the Independence and impartiality of the judiciary.
Or
Starting from inventing the' basic structure'doctrine, the Judiciary has played a highly proactive role in ensuring that India
develops into a thriving democracy. In light of the statement, evaluate the role played by judicial activism in achieving the
ideals of democracy.
38. When can a case be referred to Lok Adalat? State the powers of Lok Adalat while trying a suit?
39.”the success of ADR techniques is attributed to the role played by then instrumentalities in the process of dispute
resolution .” Justify explaining the role of an arbitrator ,mediator and conciliator.
Or
The legislation aims to combat the acts of bribery and corruption of public servants. In turn that has been given a fairly
wide interpretation in the act.
Identify this legislation.
B. State the categories of public servants included within the purview of this legislation and the exceptions there in.
Examine the conduct of inquiry under the legislation.
40. Wilson George enters into a contract with Neelmani Memorial School to conduct a summer coaching camp for
athletes.
However, during the summer, he falls ill and is unable to conduct the camp.
A. Identify and explain the mode of discharge of this contract.
B. What is the remedy available to Neelmani Memorial School?
C. Explain the rationale behind this remedy.