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 I. Acquinars II. Pound III. Kelsen IV. Savigny Codes : I (A) (B) (C) (D) (b) (d) (b) (d) II (d) (b) (d) (b) III (c) (c) (a) (a) IV (a) (a) (c) (c) List II (a) Jural postulates (b) Spirit of people (c) Ground norm (d) Reason and will in law

UGC Answer Key A None of the above said codes are correct. Correct Answer is, I. II. III. IV. Accqinas Pound Kelsen Savigny (d) Reason and will in Law (a) Jural Postulates (c) Grounnd Norms (b) Spirit of people

Reference: page no. 600-601, 549,473,487 respectively Jurisprudence & Legal Theory by V.D.Mahajan Vth Edition ,Reprinted ,2012 Eastern 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 I. Law in a changing society II. Human Law and Human Justice III. The morality of law IV. Ancient law Codes : I (A) (B) (C) (D) (a) (c) (b) (a) II (c) (a) (a) (b) III (b) (b) (d) (d) IV (d) (d) (c) (c) List II (a) Fuller (b) Friedmann (c) Stone (d) Main

UGC Answer Key B None of the above said codes are correct. Correct Answer is, I. II. III. IV. Law in Changing Society Human Law and Human Justice The Morality of Law Ancient Law (b) Friedmann (c) Stone (a) Fuller (d) Maine

Law in Changing Society

by Friedmann, W. by Stone, J.

Publisher: Stevens & Sons Ltd, 1959 Human Law and Human Justice

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.: 5

Question 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 respectively Jurisprudence & Legal Theory by V.D.Mahajan Vth Edition ,Reprinted ,2012 Eastern Book Company,Lucknow Enclosure No.: 6 & 7

Question No. 27.

An agreement made by mistake is (A) Void (C) Illegal (B) Voidable (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.