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 (C) Illegal (B) Voidable (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 Source: http://books.google.co.in/books?id=Mw6joAIKWloC&pg=PA79&lpg=PA79&dq=Kelsen+is+a+forerunn er+of+philosophical+school.&source=bl&ots=uugH-tEs2M&sig=hpEJGqFiMYd2Yd8WJ8h3HnYL8Y&hl=en&sa=X&ei=fXtZUITqEYzJrQf8pYG4Cg&ved=0CDYQ6AEwAw#v=onepage&q= Kelsen%20is%20a%20forerunner%20of%20philosophical%20school.&f=false

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

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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: http://books.google.co.in/books?id=q4TA4hjqjJ0C&pg=PA100&lpg=PA100&dq=fasakh&source=bl&ots =9hQkVPGxym&sig=SQVfenurbauX9tjcV2dMqhKXUCM&hl=en&sa=X&ei=oWlZUNT5F4OQrgeWk oDoCg&ved=0CDUQ6AEwAQ#v=onepage&q=fasakh&f=false Page No. 100

2-Islam: Its Law and Society By: Jamila Hussain

Page No.107 Source: http://books.google.co.in/books?id=_IdBJ0m53n8C&pg=PA108&lpg=PA108&dq=fasakh&source=bl&ot s=Bd1JpNMalL&sig=DD-MNVC5QCqhCSvRSvVGZCcalaY&hl=en&sa=X&ei=YG9ZUN_cL8yJrAeqYGgAQ&ved=0CC8Q6AEwAA#v=onepage&q=fasakh&f=false

3-Knowing Our Rights: Women, Family, Laws, and Customs in the Muslim World: Women Living Under Muslim Laws

Source: http://books.google.co.in/books?id=RemFsI-yU0C&pg=PA7&lpg=PA7&dq=fasakh&source=bl&ots=TffvxaLDeB&sig=4n9T_2PXjdf_VUqFf1eaRZW MKkw&hl=en&sa=X&ei=YG9ZUN_cL8yJrAeqYGgAQ&ved=0CGEQ6AEwCQ#v=onepage&q=fasakh&f=false

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