PRIVATE INTERNATIONAL LAW LLB515

1.Private international law, also known as __________________ of

laws, aims to resolve disputes between parties from different
jurisdictions. a) contrast
b) conflict
c) concession

2. __________________ is the process by which a court from one

jurisdiction may apply the laws of another jurisdiction. a)Force
Majeure
b)Replevin
c)Renvoi
d)Characterization

3.A primary concern in private international law is the question of

jurisdiction. The __________________ court must decide whether if
the power to resolve the dispute before it. a) conclave
b) forum
c) assembly

4. A court may have the power to __________________ a judgment

from a foreign jurisdiction.

a)enforce
b)force
c)compel
d)follow

5.This case is an example of __________________ shopping in which a

defendant sues in the country it thinks will produce the most favourable
verdict. tribunal
judicial
forum
6.Modern private international law developed from the need to
__________________ issues involving commercial transactions between
traders belonging to different cities. reconcile conciliate

adjudicate
7. Contracting parties will often include a clear__________________
clause that states which laws a court should apply in case of dispute.
termination
choice of law
assignment
8. The law allows for more than one residence but only one
__________________, and maintaining this requires a physical
presence.
domicil e
habitation
dwelling

9. Sources of Conflict of Laws are:

a) Statutes in force in India
b) Decisions of the courts
c) Both a & b
d) All the options are incorrect

10.. Lex Fori means -

a) The law in force in the court hearing the dispute

b) the law in force where the person is domiciled
c) the law in place where the property is situate
d) None of the above
11. Lex rei situs means
a) The law of the place where the party is situated
b) The law of the place where the person is domiciled
c) The law of the place where the act is done
d) The law of the place where the property is situated

12. ________ is a landmark case of the English Court of Probate and

Divorce.
a) Hyde vs. Hyde
b) Le Mesurier Vs. Le Mesurier
c) Cohn Vs. Cohn
d) Indyka Vs. Indyka

13. Which of the following options describes the Doctrine of Renvoi the
best?
a) It is a legal doctrine applied when court is faced with conflict of law.
b) It is in relation to foreign issues arising in succession planning.
c) It is a legal doctrine applied in cases of International Trade Law.
d) It is a legal doctrine used for criminal cases at International Criminal
Court

14. Which of the following is not a type of domicile?

(a) Domicile of origin
(b) Domicile of choice
(c) Domicile of race
(d) Domicile of Dependence
15. The theory that no court ever applies any other law but its own, nor
enforces any rights or obligations other than those created by its
own law is based on _________

(a)The international theory

(b)Statutory theory
(c) Territorial theory
(d) Local law theory

16. What is the main aspect of conflict in PIL?

(a) Conflicting laws
(b) Clashing of laws
(c) Jurisdiction
(d) Conflict between parties

17. Which of these is a type of domicile?

(a) Domicile of race
(b) Domicile of origin
(c) Domicile by death
(d) Domicile by adolescence

18. The term Renvoi is of ______ origin.

(a) French
(b) Latin
(c) Italian
(d) Dutch
19. A stipulation where any disputes or differences arising from the
agreement be governed by the laws of a particular country is known
as the

(a) Choice of law clause

(b) Forum clause
(c) Integration clause
(d) Statute of limitations clause
20. A stipulation where any disputes or differences from the agreement
be subject exclusively to the jurisdiction of a particular country is
known as the
a. Forum Clause
b. Choice of law clause
c. Integration Clause d Statute of limitations clause

21. It is the presence of the that marks the existence of conflict of laws,
also known as Private International Law.
a. foreign person
b. foreign element
c. dispute between foreign parties

22. To whom may this statement be attributed to Private

International Law as found ... is almost entirely the result of judicial
decisions’ a) Cheshire b Aquinas c) Morris
d) Diwan

23. In which case the Supreme Court explained the following aspect-
principles of private international law are applied not because of
comity of nations or 'to show courtesy' but because justice between
parties requires it?
a) Satya v Teja Singh
b) Kedarnath Pandey v UOI
c) Laxmikanth Pandey v UOI
d) DP joshi v State of Maharashtra

24. It is a general rule of private international law that courts do

not assume jurisdiction over foreign immoveables. a) True
b) False
c) Cannot say

25. An action in rem lies against a ship as a defendant in an admiralty

court.
a) True
b) False
c) Cannot say

26. M.V Elizabeth v Harwan Investment and Trading, Goa is a case

concerning
a) Admirality jurisdiction
b) Cyber Jurisdiction’
c) Contractual Jurisdiction
d) No question of jurisdiction

27. Jurisdictional issues in personal law matters, particularly in

family law areas, are generally based upon lex domicilii a) True
b) False
c) Cannot say

28. Which of these cases pertains to domicile?

a. Pradeep Jain v Union of India
b. Central Bank of India v Ram Narain
c. D.P. Joshi v State ofMadhya Bharat
d.Sankaran Govindan v Lakshmi Bharati
e. Kedar Pandey v Narain Bikram Sah
f.Louis De Raidt v Union of India
 1. a,b,c,f
2. a,b,c,d,e,f
3. a.b,d,
4. a.c,d,e

29. Of the two kinds of domicile, i.e. domicile of origin and domicile of
choice,
a)domicile of origin is received by operation of law at birth;
b)the domicile of choice on the other hand is acquired by any person
by himself on the basis of actual removal to another country
accompanied by his animus manendi.
Both a and b
1, True
2. Only a true
3.Only b true
4. Both a and b false

30. The domicile of origin is determined by the domicile (at the time
of child's birth)of that person upon whom he is legally dependent. a)
True
b) False
c) Cannot say

31. In which case Supreme Court applied the personal law (Canon
Law) to uphold the validity of the marriage between two converts to
Christianity, following the rule that husband's capacity renders the
marriage valid in law?
a) Lakshmi Sanyal v S.K. Dhar
b) Sarla Mudgal v Union of India
c) Satya v Teja
d) Sankaran Govindan v Lakshmi Bharati
32.In which case it was observed jurisdiction assumed by the foreign
court as well as the grounds on which the relief is granted must be in
accordance with the matrimonial law under which the parties are
married
a) Narasimha Rao v Venkatalakshmi
b) Turner Morrison & Co. v Hunaerford
c) D.P. Joshi v State ofMadhya Bharat

33. Recognition of foreign divorce decrees in India, is dealt with

under section of the Civil Procedure Code, 1908 a) 10
b) 20
c) 13
d) 36

34. Conclusiveness of a foreign judgement in India generally. The

following cases dealt with these
a) Teja Singh
b) Narasimha Rao
c) Neeraja Saraph v Jayant Saraph

1. Only a
2. Only a and b
3. a.b, c
4. Only c

35. The jurisdiction assumed by the foreign court as well as the

grounds on which the relief is granted must be in accordance with the
matrimonial law under which the parties are married.' Exceptions have
been appended to this rule. They are
(i) where the matrimonial action is filed in a court of domicile and
the relief is based on a ground available under the matrimonial law
under which the parties are married;
(ii) where there is voluntary submission to the foreign jurisdiction
by the respondent and the contested claim based
on a ground that is available under the matrimonial law under which the
parties are married; and
(iii) where the respondent consents to relief although the jurisdiction
is not in accordance with the matrimonial law of the parties. a) i, ii
b) i, iii
c) i, ii, iii
d) only iii

36. Validity of the marriage is tested in terms of its formal validity

and essential validity. a) True
b) False
c) Cannot say

37. lex loci celebrationis

a)place of celebration of marriage
b) place of matrimonial home
c) place of domicile of husband
d)place of domicile of wife

38. section 44-A CPC concerns

a)direct execution of foreign judgement on the basis of reciprocal
agreements
b) direct recoginition of foreign judgements
c) res judicata
d)Jurisdiction of foreign courts

39. Inter-country Adoptions---------- is the cornerstone in inter-country

adoptions
a)Welfare of the child
b) welfare of biological mother
c)Comity of nations
d) welfare of adopting parents

40 Supreme Court has laid down principles and norms to be

followed in inter-country adoption in which case
a) Lakshmikant Pandey v Union of India
b) Lakshmi Sanyal v S.K. Dhar
c) Sarla Mudgal v Union of India
d) Satya v Teja

41 In the last of the Lakshmikant Pandey judgement series, the

apex court negatived the plea of a licensed welfare agency that the
Indian citizenship should continue until the adopted child attains the
age of majority and is legally competent to opt. a) True
b) False
c) Cannot say

42 The judgement of a foreign court imposes upon the defendant a

legal obligation, to fulfil which die courts in this country enforcewhen
approached. This is me English 'doctrine of obligation' contained in
section 13 of the CPC a) True
b) False
c) Cannot say

43 The scope of section 13 of the CPC has been explained in extenso

by the apex court in Vishwanathan v Abdul Wajid a) True
b) False
c) Cannot say

44 The court's ruling in Vishwanathan establishes the following aspects

of conclusiveness of a foreign judgement clearly:
i)'conclusiveness' in section 13 refers to the final adjudication and
not the reasons; the binding character of the judgement can be
displaced only on the basis of the six grounds mentioned in the
section
ii) the question whether the principle of effectiveness105 formed the
basis of conclusiveness of the foreign judgement is debatable;
iii)conclusiveness referred to in section 13 is different in its
operation from the rule of res judicata envisaged in section 11 as
applicable to domestic judgements.
a) i, ii
b) i, iii
c) i, ii, iii
d) only iii
45. Viswanathan further establishes the general rules of restriction in
matters of court's jurisdiction:
(i) jurisdiction in rem over res beyond the limits of jurisdiction;
(ii) title to immoveable property outside the jurisdiction; and
(iii) courts will not exercise jurisdiction in enforcement in foreign
penal and revenue laws.
iv)The rulings in this case also explain the basis of 'action in personam'
a) i, ii
b) i, iii
c) i, ii, iii, iv
d) only iii

46. Which of the following cases pertain to Foreign Judgements?

i)Vishwanathan v Abdul Wajid
ii)Shaligham v Firm Daulatram Kundanma
iii)Andhra Bank v R.Srinivasan
iv)Laljii Rama v Hansraj Nathuram
v)India Badat and Co. v East India Trading Co.
a) i, ii, v
 b) i, iii
c) i, ii, iii, iv,v
d) only iii

47. The domicile of origin is determined by the domicile (at the time of
child's birth)of that person upon whom he is legally dependent.
a) True
b) False
c) Cannot say

48. Which of the following is not a type of domicile?

(a) Domicile of origin
(b) Domicile of choice
(c) Domicile of race
(d) Domicile of Dependence