Administrative Law Questions and Answers Part-4

1. Acting under dictation, non-application of mind, imposing fetters on discretion, sub delegation are examples of which of the following
a) Excess or abuse of discretion
b) Failure to exercise discretion
c) Order based on mixed consideration
d) None of the above

  Discussion

Answer: b

2. Excess or abuse of discretion can be through which of the following grounds
a) Living out relevant consideration
b) Arbitrary action
c) Exceeding jurisdiction
d) All of the above

  Discussion

Answer: d

3. The case of Air India v Nergesh Meerza relating to termination of service on ground of first pregnancy is a classic example of …….
a) Acting under dictation
b) Unreasonableness
c) Excess of jurisdiction
d) Non observance of principles of natural justice

  Discussion

Answer: b

4. Which of the following is NOT an essential to issue writ of mandamus
a) Legal duty of authority
b) Refusal to do the duty
c) Legal right of the petitioner
d) It lies against private individual

  Discussion

Answer: d

5. When the court finds that the order is suffering from error apparent on face of the record, which of the following writs can be issued?
a) Writ Of Habeas Corpus
b) Writ Of Mandamus
c) Writ Of Certiorari
d) Writ Of Quo Warranto

  Discussion

Answer: c

6. The institution of ombudsman originated in 1809 at
a) France
b) Sweden
c) Germany
d) Australia

  Discussion

Answer: b

7. The tortious liability of the government is recognised in the Indian constitution by
a) Art 298
b) Art 294
c) Art 323
d) Art 299

  Discussion

Answer: b

8. The tortious liability of the State was NOT recognised in which of the following cases?
a) State of Rajasthan vs Vidyawati
b) Kasturi Lal vs State of Uttar Pradesh
c) State of Gujarat vs Memon Mohammed Haji
d) Railway Board vs Chandrima Das

  Discussion

Answer: b

9. The public corporation can be held liable under which of the following the liability/ies?
a) Liability in contracts
b) Liability in torts
c) Liability for crimes
d) All of the above

  Discussion

Answer: d

10. Which of the following statements are false?
1. The Public Corporation can be sued in the court of law
2. Public Corporation is not 'State' under Art 12
3. The doctrine of ultra vires is applicable to public corporations
4. Servants of the government company are civil servants under article 311 of the constitution?
a) 1, 4 are false
b) 2 and 4 are false
c) 2 and 3 are false.
d) None of the above

  Discussion

Answer: b