Admin Law, Company Law(Rahuls IAS MCQs) PDF

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AD ADMIN MIN MINIST IST ISTR R AT ATIV IV IVE E LA LAW W AN AND D CO COMP MP MPANY ANY L AW Adm Admin in inis is istr tr trat at ative ive L aw 1. Administrative law is the part of: (a) Statutory Law (b) Customary Law (c) Public Law (d) Natural Law (e) None of the above 2. The Concept of ‘Rule of Law’ formulated by Prof. A.V. Dicey means: (a) That the constitution is the results of ordinary law of the land (b) Absence of arbitrary power (c) Equality before law (d) Exclusion of wide discretionary power on the part of the government (e) All above 3. Why there is a need of delegated legislation? (a) Because delegated legislation are framed with care and minuteness when the statutory authority making the rule (b) Because delegated permits the utilization of experience and consultation with interests affected by the practical operation of statues (c) Because delegated legislation saves time and is intended to deal with local variations (d) Because delegated legislation enables the Government to provide for expansion of public utility services (e) All above 4. What are the types of delegated legislations? (a) Skeleton legislation (b) Power of inclusive and exclusive (c) Power to impose tax

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https://t.me/RajasthanJudiciaryMaterials (d) Power of modification and removal of difficulties (e) All above 5. What are the stages at which the safeguards are taken against the delegated legislation? (a) Pre-natal stage (b) Post-natal stage (c) At the proposal for delegation (d) When it lying with the subject to negative resolution (e) (a) and (b) 6. What is meant by procedural ultra-vires? (a) It is the non-observance of the procedural norms by the rule-making authority (b) It may make the rule ultra vires due to non-observance of rule-making authority and hence becomes void (c) It means the lacuna in the procedure law (d) (a) and (b) (e) None above 7. How the delegated legislation is controlled? (a) Procedural control (b) Parliamentary control. (c) Judicial control (d) Departmental control (e) (a), (b) and (c) 8. Which powers of the civil court are given to the Tribunal? (a) Discovery and inspection (b) Enforcement of attendance of any person, witness etc (c) Compulsory production of document and other evidence (d) Issuing of a commission (e) All above 9. What is the effect of violation of rule of audi alteram partem or the rule of fair hearing?

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https://t.me/RajasthanJudiciaryMaterials (a) Mere an irregularity (b) Null and void (c) An illegality (d) Voidable (e) None above 10. The decision of which case became a turning point in that the principle of natural Justice is applicable to administrative proceedings also? (a) MC Mehta v. Union of India (b) AK Kraipak v. Union of India (c) Maneka Gandhi v. Union of India (d) Smt. Indira Nehru Gandhi v. Raj Narain (e) State of Bihar v. Sonawati Kumari 11. When the court may pass an order of nullity? (a) When the distinction, made between rules, promulgated by the Central government and regulations promulgate by the statutory corporations is violated (b) When the distinction made between procedural rule and statutory law is violated (c) When the distinction made between procedural, law and natural justice is violated (d) (b) and (c) (e) None above 12. In the case of State Trading Corporation v. CTO Bihar, AIR 1963 SC 1811, as held by Supreme Court whether the commercial corporation will be presumed to be the or agent of the state? (a) No, commercial corporation is not the servant or agent of the state (b) Yes, the commercial corporation is a servant and also an agent of the state. (c) Whether the commercial corporation is a servant or an agent of the state depends upon the natural of work (d) All of the above (e) None above 13. In R.D. Shetty v. International Airport Authority, AIR 1979 SC 1728, what was stated by the Bhagawati J. about the enforcement of public law limitations on the autonomous corporations?

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https://t.me/RajasthanJudiciaryMaterials (a) The autonomous corporation is subject to same public law limitations as the government itself (b) As the autonomous corporations are distinct and independent legal entities is not subject to same public law limitation as that of government itself (c) As the government and the autonomous corporation are distinct and independent entities are not subject to the same public law limitation (d) The autonomous corporation is not a governmental body (e) The autonomous corporation itself is the part of government though it has distinct legal entity. 14. The maxim ‘audi alterem partem’ denotes: (a) No one shall be judge of his own case (b) No one shall be condemned unheard (c) Rights are better than duties (d) All above 15. Which the most valid ground for issuing writ of mandamus? (a) Want of jurisdiction (b) Error apparent on the face of record (c) Violation of the principles of natural justice (d) An officer’s neglect of public duty imposed by law (e) All above 16. With respect to which of the following the suggestions by the Frank Committee Report were made? (a) Departmental authorities (b) Administrative Tribunal (c) Public Corporation (d) Administrative bodies (e) Judicial activism 17. The ground of “error of law apparent on the face of the record” is connected with which of the writ? (a) Prohibition

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https://t.me/RajasthanJudiciaryMaterials (b) Quo-warranto (c) Mandamus (d) Habeas Corpus (e) Certiorari 18. In which writ the principle of res judicata is not applicable? (a) Prohibition

(b) Habeas Corpus (c) Certiorari (d) Quo-warranto (e) Mandamus 19. What are the grounds for issue of the writ of prohibition? (a) Absence of jurisdiction or abuse of jurisdiction (b) Violation of natural justice (c) Fraud (d) Contravention of the law of the land 20. In which writ the High Court examines the validity of holding of a public office by a person? (a) Writ of Certiorari (b) Writ of Mandamus (c) Writ of Prohibition (d) Writ of Quo-warranot (e) Writ of Habeas Corpus 21. What was opined by Prof. Wade and Philips about the separation of power? (a) The same set of persons should not compose more than one department of the three departments (b) One department should not exercise the functions of the other two departments (c) One department should not control, or interfere with the work of other two departments (d) It all these three powers mixed with each other then it may be the government of law and not of main

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https://t.me/RajasthanJudiciaryMaterials (e) All above 22. What are the grounds by which the judiciary may interfere with the awards and orders of the Administrative Tribunal? (a) Where the tribunal has acted without jurisdiction (b) Where the tribunal has acted in violation of the principles of natural justice (c) No judicial interference is possible with the award and orders of the tribunals (d) Where the award of the tribunal is arbitrary and malicious (e) None of the above 23. Central Vigilance Commission has been created on the recommendation of– (a) Swaminathan Committee (b) Santhanam Committee (c) Administrative Reforms Commission (d) Kothari Committee (e) None above 24. What is the leading decision in the case of Maneka Gandhi v. Union of India? (a) Right of hearing (b) Separation of powers (c) Delegated legislation (d) Rule of evidence (e) Principle of bias 25. By which of the following amending Act Article 323-A relating to tribunals was included in the Constitution of India? th

(a) The Constitution (38 Amendment) Act, 1975. st

(b) The Constitution (41 Amendment) Act, 1976. nd

(c) The Constitution (42 Amendment) Act, 1976. th

(d) The Constitution (44 Amendment) Act, 1978. (e) None above 26. Which of the following statement hold true for adjudicatory bodies? (a) Doctrine of stare decisis applies to them

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https://t.me/RajasthanJudiciaryMaterials (b) Doctrine of res judicata does not apply to them (c) Inherent lack of jurisdiction in a tribunal cannot be cured or created by the act of the parties (d) None of the above 27. Articles 323-A and 323-B relating to Tribunals, were included in the constitution of India by which of following amending Act? st

(a) The Constitution (41 Amendment) Act, 1976 nd

(b) The Constitution (42 Amendment) Act, 1976 th

(c) The Constitution (44 Amendment) Act, 1978 th

(d) The Constitution (38 Amendment) Act, 1975 (e) None above 28. Which one of the statement is right regarding the Administrative law? (a) Administrative law is a branch of private law and is independent of constitutional law (b) Administrative law is a branch of public law and controls constitutional law (c) Administrative law is a branch of private law and a part of constitutional law (d) Administrative law is a branch of public law and a part of constitutional law (e) All above 29. Why the Administrative Reforms Commission recommended for the establishment of an office known as Lokpal in India? (a) Because the existing institutions of judicial review and parliamentary control are inadequate in view of ever expanding range Governmental activities (b) Because it is an effective procedure or mechanism to redress individuals grievances against administrative evils (c) To satisfy the definition of the democratic Government, i.e., Government of the people and to the people (d) All above (e) Only (b) and (c) 30. If the legislation made by the executive in the exercise of powers conferred on it expressly by the constitution then what kind of legislation is this? (a) Delegated legislation (b) Conferred legislation

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https://t.me/RajasthanJudiciaryMaterials (c) Original legislation (d) Subordinate legislation (e) None above 31. The concept of Droit Administrative was first developed in– (a) France (b) India (c) Britain (d) Germany (e) Japan 32. Which among the following is correct regarding a quasi-judicial decision? (a) Presentation of the case (b) Ascertainment of questions of law on the basis of submission of legal arguments (c) Ascertainment of question of fact by means of evidence given by the parties (d) A decision which disposes of the whole matter by applying law to the facts (e) None above 33. Which of the following principle is enunciated by the Supreme Court in connection with the delegated legislation? (a) There is no restriction on delegation of legislative powers (b) The limitation upon delegation of power is that the essential legislative powers cannot be delegated (c) Powers of delegation is not ancillary to the power of legislation (d) The legislative power cannot be delegated (e) The delegated legislature has a power to make legislation conferred by the Constitution 34. In which of the following the decision in Maneka Gandhi is important in administrative law? (a) Rule of evidence (b) Rule of hearing (c) Separation of power (d) Delegated legislation

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https://t.me/RajasthanJudiciaryMaterials (e) Right to life 35. What are the grounds by which the Judiciary may interfere with awards and orders of the Administrative Tribunal? (a) Where the tribunal has acted, without jurisdiction (b) Where the Tribunal has acted in violation of the principles of natural justice (c) No judicial interference is possible with the awards and orders of the Tribunals (d) Where the award of the Tribunal is arbitrary and malicious (e) None above 36. On what ground delegated legislation has grown in India? (a) Due to the constitutional provisions encouraging delegated legislation (b) As a consequence of Supreme Court decisions exhorting delegated legislation (c) Because of great pressure of work on the legislature (d) Due to the demand of bureaucracy to have legislative powers (e) None above 37. By which of the following institution the Lokpal in India was first recommended? th

(a) 14 Report of the Law Commission th

(b) 18 Report of the Law Commission (c) Sarkaria Commission (d) Administrative Reforms Commission (e) Sarthanam Committee 38. When Ombudsman has been appointed for the first time in India? (a) 1977 (b) 2005 (c) 1979 (d) 1983 (e) None above

39. What do you understand by pecuniary bias?

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https://t.me/RajasthanJudiciaryMaterials (a) Pecuniary bias denotes the monetary interest of the adjudicator in the subject-matter of the dispute (b) Pecuniary bias denotes the certain relationship between the decision making authority and the person in relation to which decision in being taken (c) Pecuniary bias means the issue in question (d) The pecuniary bias means the issues or policies being conversed before the Judge (e) The pecuniary bias means the issue the controversy 40. Judicial control over delegated legislation is exercised through which of the following? (a) Issue of writs (b) Issue of summons (c) Issue of proclamations (d) Issue of warrants (e) Issue of order 41. Regarding the publication of delegated legislation which one of the following statement is correct? (a) It need not be published as ignorance of law is no excuse (b) It needs not be published only when the parent Act so required (c) It must in each and every case be published (d) It is published through the Gazette of India (e) (c) and (d) 42. State the correct Answer Administrative Tribunals generally exercise (a) Quasi judicial function (b) Purely administrative functions (c) Judicial Functions (d) Administrative functions (e) Legislative Functions. 43. Which is the first State to enact Lokayukta Act? (a) Maharashtra (b) Orissa

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https://t.me/RajasthanJudiciaryMaterials (c) UP (d) Bihar (e) West Bengal 44. Which of the following statement is correct about the judicial review? (a) In case of purely administrative action the scope of judicial reviews in narrower than in case of quasi-judicial action (b) In case of purely administrative action the scope of judicial review is wider than in case of quasi-judicial action (c) Judicial review is not possible in case of purely administrative action (d) Judicial review is not possible in case of quasi-judicial action (e) None above 45. The main purpose of Central Vigilance Commission is to check corruption amongst– (a) Government servants (b) Ministers (c) Member of Parliament (d) Member of legislature (e) None above 46. Administrative law is the law relating to the powers and procedures of– (a) Legislative Assembly (b) Legislative Council (c) Administrative agencies (d) Courts of law (e) Judiciary 47. Administrative law is the body of (a) Law that governs the activities of administrative agencies of government (b) Law that governs the activities of constitutional agencies of government (c) Law that governs the legal activities of government (d) Law that governs the panchayat activities of government 48. _________ agencies are established to provide regulation.

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https://t.me/RajasthanJudiciaryMaterials (a) Executive (b) Judicial (c) Law-abiding (d) Administrative (e) All above 49. Statements of______ announce a proposed course of action that an agency intends to follow in the future (a) Policy (b) Convictions (c) Intent (d) Interpretation (e) Act 50. The binding force of precedent is destroyed or weakened by: (a) Public opinion (b) Abrogated decision

(c) Res judicata (d) Lis pendens

Com Comp pany L aw 51. The Company Bill as passed Lok Sabha on (a) 18-12-2012 (b) 12-12-2012 (c) 18-12-2012 (d) 18-1-2013 52. The new Companies Act, 2013 came into existence on– (a) 29 August, 2013 (b) 29 September, 2013 (c) 29 August, 2014 (d) 29 August, 2014

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https://t.me/RajasthanJudiciaryMaterials 53. The companies Act of 1956 accords recognition only to accounting standers whereas under Section 2(7) of the Companies Act of 2013 the recognition is accorded to both accounting and standards. (a) Financing (b) Auditing (c) Business (d) Responsibility 54. Which of the actions can be taken by a Registrar under section 4(5) of the Companies Act, 2013? (a) He can direct the Company to change its name within a period of 6 months after passing an ordinary resolution (b) Take action for striking-off the name of the Company from the Registrar of Companies (c) Order winding-up of the Company on his own accord (d) All above 55. Section 9 of the Companies Act, 2013 provides for (a) Perpetual succession (b) Temporary succession (c) Legal Succession (d) None of the above 56. …… of the companies Act, 2013 requires disclosure in the prospectus of names and address of CFO about sources of promoters contribution among other thing. (a) Section 36 (b) Section 37 (c) Section 26 (d) Section 38 57. According to Section 56 of Companies Act, 2013, the Shares or other interests of any member in a company shall be– (a) Immovable property (b) Movable property (c) Permanent Property

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https://t.me/RajasthanJudiciaryMaterials (d) Tangible property 58. Whether the members of the company shall have liability to contribute to the assets of the company in the event of the company being wound up? (a) Yes (b) No (c) Can’t say (d) Not specifically provided 59. Amongst below for which Article of the Consultation of India the corporate veil is necessarily ascertained? (a) Art. 12 (b) Art. 13 (c) Art. 14 (d) Art. 21 60. The case of Singer India Ltd. v. Chander Mohan Chanda is related with: (a) Amalgamation of companies (b) Evasion of Taxes (c) Lifting of Corporate veil (d) All the above 61. In which of the above case, it was held that the company is not a citizen? (a) State Trading Corporation of India v. Commercial Tax Officer (b) Tata Engineering Company v. State of Bihar (c) Benett Coleman & Co. v. Union of India (d) All the above 62. The Supreme Court in_________ held that irrespective of where the central management and control is exercised is exercised by a company, companies incorporated in India, cannot choose foreign law as the governing law for their arbitration. (a) TDM Infrastructure (P) Ltd. v. UE Development India (P) Ltd (b) Corned Chemical Ltd. v. CN Ramchand (c) Shreeraj Traco (I) Pvt. Ltd. v. Paperline International Inc. (d) Bhatia International v. Bulk Tranding

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https://t.me/RajasthanJudiciaryMaterials 63. According to the Companies Act, 2013, what are the various kinds kings of Companies? (a) One Person Company (OPC) (b) Private Companies (c) Public Companies (d) All the above 64. The Companies Act, 2013 allows the formation of: (a) Two persons company only (b) Seven persons company only (c) Two or more persons company only (d) One person company also 65. According to the Companies Act, 2013, what will be the attributes of companies regarding the liability? (a) Companies limited by shares (b) Companies limited by guarantee (c) Unlimited Companies (d) All the above 66. According to the Companies Act, 2013 the minimum number of members required to form a public company is seven and a private company is two. (a) True (b) False (c) Partly true (d) Partly false 67. Minimum number of members required to apply for incorporation certificate in a Public Ltd. Company is: (a) 7 (b) 3 (c) 2 (d) 50 68. What are the disadvantages of a subsidiary company?

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https://t.me/RajasthanJudiciaryMaterials (a) Derived of privileges and exemptions available to the Private companies (b) No voting right in the meetings of the holding company (c) (a) and (b) (d) None the above 69. Company B is a subsidiary of Company A. Which of the Following statements is rendered unlikely by these facts? (a) Company A is the holding company of Company B (b) Company A holds more than half of the equity share capital of Company B (c) Company A is a subsidiary of Company B. (d) Company A controls the compositions of the board of directors of Company C (e) If Company C is a subsidiary of Company B, then Company C is also a subsidiary of Company A 70. A Government Compan...