Friday, June 12, 2015

RBI General Knowledge of Law Paper I 2009 Question Paper


Reserve Bank of India
RBISB (LO)
General Knowledge of Law Paper I
2009 Question Paper

R. B. S. B. (L. O.)
2009
PAPER I—GENERAL KNOWLEDGE OF LAW
[TIME—9-30 A.M. TO 12-30 P.M.]
(Maximum Marks—150)

N.B.—(1) All questions are compulsory.
(2) Part-A consists of objective type questions and Part-B consists of Descriptive type questions.
(3) Answer should be written in English.
(4) No reference books will be given or allowed to be used.
(5) Answers should indicate reasons and wherever possible references to decided cases should be given.
(6) Black figures to the right indicate the number of marks of the question.

PART ‘A’
1. Which is the amendment which altered the property right as legal right ?
(a) 42nd Amendment
(b) 43rd Amendment
(c) 44th Amendment
(d) None of these.

2. In which case, it was held by the Supreme Court that “ Preamble is the basic feature of the Constitution ” ?
(a) In Re Golaknath
(b) In Re Maneka Gandhi
(c) In Re Swarn Singh
(d) In Re Keshavanand Bharti.

3. The Directive Principles are —
(a) Positive instructions to the government to work for the attainment of set objectives ;
(b) Negative instructions to the government to refrain from encroaching on the freedom of the people
(c) Directives to the State to enhance the prestige of the country ;
(d) Directives to the government to pursue a policy of non-alignment.

4. The Doctrine of “ Double Jeopardy ” in Article 20 (2) means .................

5. (A) Fundamental duties cannot be enforced by Writs.
(B) Fundamental duties can be promoted only by Constitutional methods ;
(a) Only (A) is correct
(b) Only (B) is correct
(c) Both (A) and (B) are correct
(d) Neither (A) nor (B) is correct.

6. A standard form of contract is one in which—
(a) the terms on which mercantile transactions of common occurrence are to be carried out.
(b) the terms are fixed by one of the parties in advance and are open to acceptance by the other.
(c) both (a) and (b)
(d) None of the above.

7. Hadley v/s Baxendale is a leading case on—
(a) anticipatory breach
(b) remoteness of damage
(c) breach of implied term
(d) None of the above.

8. Non est factum means ....................... .
9. How many number of members can be appointed as Arbitrators ?
(a) One
(b) Two
(c) Three
(d) The parties are free to determine the number of arbitrators provided such number shall not be an even number.

10. Grant of temporary injunction by virtue of Section 37 of the Specific Relief Act, 1963 is regulated by—
(a) CPC 1908
(b) Indian Contract Act, 1872
(c) Transfer of Property Act, 1882
(d) None of the above.

11. The term “ Sale ” in the Transfer of Property Act, 1882 is defined in section .......................

12. Leave to Defend may be—
(a) refused
(b) granted unconditionally
(c) granted conditionally
(d) Either (a), (b) or (c).

13. The Right to Information Act came into force on ....................

14. The legal maxim Ubi Jus Ibi Remedium means .......................

15. A Constitution Bench on a reference made by the President of India must be consisting of ....................... number of judges.

PART ‘B’
1. Briefly answer the following :—
(a) The Indian Constitution protects the honour and dignity of an individual. Explain in context of Article 21 of the Constitution with reference to decided case laws.
(b) What are the consequences of mis-statement in the Prospectus under the Companies Act ? Explain with reference to leading case laws.
(c) Briefly enumerate the health, safety and welfare provisions contemplated under the Factories Act, 1948 with relevant case laws.

2. Write short notes on any three :—
(a) Doctrine of Indoor Management under Companies Act, 1956.
(b) Public Interest Litigation
(c) Right to Education
(d) Consumer Protection in India
(e) Right to Information as fundamental right.

3. In Suit No. 300 of 2008, the Hon’ble High Court passed an expert decree against EXIM Bank, Mumbai on 10th November 2009. At the time of service of summons, the Bank had temporarily shifted its office with all the records to another place for the purpose of carrying out renovation and hence, could not contest the suit. Draft a Notice of Motion with supporting affidavit dated 10th December 2009 for setting aside of ex parte decree passed by Hon’ble High Court.

4. Solve the following giving reason :—
(a) Ms. Abha applied for a job in response to an advertisement placed by X and Co., a private concern, in the Times of India. Despite the fact that Abha was fully qualified for the job, she was not called for the interview as the employer thought that since a woman has to maintain a family, he should prefer a man to a woman who has no corresponding liability. Will Abha succeed ?
(b) On returning home from the market one day, Mrs. D’souza notices a counterfeit currency note of Rs. 100 while counting the remaining money. To get rid of the counterfeit note, Mrs. D’souza goes to the same shop and purchases shampoo worth Rs. 100 and passes the fake note at the counter. The cashier inspects the note and realizes that it is counterfeit. He calls the police. Will he succeed ?



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