J58 12 PAPER II
LAW II
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
In this question Reason (R) only defines Custom and Assertion (A) gives the requisites of a valid custom to become a law.
REFERENCE: Jurisprudence & Legal Theory By: V.D.Mahajan (Vth Edition)
Published By: Eastern Book Company
27. An agreement made by mistake is
(A) Void (B) Voidable
(C) Illegal (D) Immoral
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
J58 12 PAPER III
LAW III
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
Kelsen is known as propounder of “ Pure Theory of Law” and very much simmilar to Analytical School not Philosophical school
Jurisprudence ; By Rosco Pound
Publisher:
Page No.79- 80
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
REFERNCE
https://books.google.co.in/books?id=hovn_tcB5XkC&printsec=frontcover#v=onepage&q&f=false
Page No. 96
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
REFERNCE
1-Islamic Modern: Religious Courts and Cultural Politics in Malaysia
By: Michael G. Peletz Princeton University Press, 11-Nov-2002
Source: https://books.google.co.in/books?id=q4TA4hjqjJ0C&pg=PA100&lpg=PA100&dq=fasakh&source=bl&ots=9hQkVPGxym&sig=SQVfenurbauX9tjcV2dMqhKXUCM&hl=en&sa=X&ei=oWlZUNT5F4OQrgeWkoDoCg&ved=0CDUQ6AEwAQ#v=onepage&q=fasakh&f=false
Page No. 100
2-Islam: Its Law and Society By: Jamila Hussain
Page No.107
3-Knowing Our Rights: Women, Family, Laws, and Customs in the Muslim World: Women Living Under Muslim Laws
Page No.7
