Practice Questions For CLAT Subject Legal Aptitude (Worksheet-8)
CLAT
Legal Aptitude Worksheet-08 With Detail Solutions
This page consist of Legal Aptitude Worksheet-08 prepared by experts of Physics Wallah with detail solution.
For more Questions for Legal Aptitude for CLAT check out main page.
Find below Legal Aptitude Worksheet-08
LEGAL APTITUDE
1.Case of Pakala Narayan Swami versus King Emperor is related with
(a) Section 6 of the Indian Evidence Act(b) Section 21(1) of the Indian Evidence Act
(c) Section 32(1) of the Indian Evidence Act(d) Section 41 of the Indian Evidence Act
1.(c)
Case of Pakala Narayan Swami versus King Emperor is related with Section 32(1) of the Indian Evidence Act.
1.Legal Awareness - Important Indian Acts – Easy
2.Section 2(h) of the Code of Criminal Procedure defines the term
(a) Investigation (b) Charge(c) Inquiry (d) Offence
2.(a)
Section 2(h) of the Code of Criminal Procedure defines the term investigation.
2.Legal Awareness - Legal Terms – Easy
3.Amongst the following who is not a Revenue Officer as defined under the Madhya Pradesh Land Revenue Code?
(a) Commissioner(b) Collector
(c) Settlement Officer(d) Chairman, Board of Revenue
3.(d)
Chairman - Board of Revenue is not a Revenue officer as defined under the Madhya Pradesh land Revenue Code.
3.Legal Awareness - Important Indian Acts – Medium
4.Assertion (A) Everyone should be given an apparition of being heard.
Reason (R) It is one of the principal of natural justice
(a)Both A and R are false(b)A is true and R is false
(c)A is false and R is true(d)Both A and R are true
4.(d)
4.Legal Awareness - Law, Its Nature and Classification – Medium
5.Assertion (A) For an agreement to be contract the consent must be free
Reason (R) Consent is said to be free where it is not caused by fraud misrepresentation, mistake coercion or undue influence
(a)Both A and R are true and A is correct explanation of A
(b)Both A and R are true R is not correct explanation of A
(c)A is true R is false
(d)R is true A is false
5.(b)
5.Legal Awareness - Important Indian Acts – Medium
6.“No action lies against the Government for injury done to an individual in the course of exercise of its sovereign functions". All of the following actions are covered by the above provision, except
(a) improper arrest, negligence or trespass by police officers
(b) loss of movables from government custody owing to negligence of its officers
(c) injury due to the negligence of servants of the government employed in a railway or a dockyard
(c) administration of justice
6.(c)
6.Legal Awareness - Legal Maxims – Medium
7.Under Hindu Succession Act, 1956, who amongst the following is not in Class I heir?
(a) Father (b) Mother(c) Son(d) Daughter
7.(a)
Father is not the Class I under Hindu succession Act, 1956.
7.Legal Awareness - Important Indian Acts – Easy
8.Which one of the following cases does not relate to ‘dying declaration’?
(a) Queen Emperess Vs. Abdullah
(b) Pakala Narayan Swamy Vs. King Emperor
(c) Zatar Vs. State of UI
(d) Ratangond Vs. State of Bihar
8.(c)
Zatar Vs. State of UI case does not relate to ‘dying declearation’.
8.Legal Awareness - Important Indian Acts – Easy
9.Which one of the following cases is a case relating to Section 34 of the Indian Penal Code?
(a) K M Nanavati Vs. State of Maharashtra
(b) Niharendu Dutta Vs. King Emperor
(c) Barendra Kumar Ghosh Vs. King Emperor
(d) Kedar Nath Vs. State of West Bengal
9.(c)
Barendra Kumar Ghosh Vs. King Emperor is a case relating to section 34 of the IPC.
9.Legal Awareness - Legal Maxims – Medium
10.A right available against world at large is
(a) in pleno(b) in situ(c) in rem(d) in personam
10.(c)
A right available against world at large is in rem.
10.Legal Awareness - Legal Terms – Easy
11.Union territory of Andaman Nicobar Island is within the jurisdiction of
(a)Madras High Court(b)Calcutta High Court
(c)Guwahati High Court(d)Delhi High Court
11.(d)
Union territory of Andaman Nicobar Island is within the jurisdiction of Delhi High Court.
11.Legal Awareness - Legal Maxims – Medium
12.Doctrine of 'cypres’ is related with
(a) marriage (b) dower(c) gift (d) wakfs
12.(d)
Doctrine of 'cypres’ is related with wakfs. A waqf, also spelled wakf or mortmain property, is, under the context of 'sadaqah', an inalienable religious endowment in Islamic law, typically donating a building or plot of land or even cash for Muslim religious or charitable purposes.
12.Legal Awareness - Important Indian Acts – Easy
13.The provision of fraudulent given in
(a) Section 49 of the Transfer of property Act, 1882
(b) Section 50 of the Transfer of property Act, 1882
(c) Section 51 of the Transfer of property Act, 1882
(d) Section 53 of the Transfer of property Act, 1882
13.(d)
The provision of fraudulent given in Section 53 of the Transfer of property Act, 1882.
13.Legal Awareness - Important Indian Acts – Medium
14.The doctrine of “lis pendens” is explained in famous case of
(a) Bellamy Vs. Sabine
(b) Musahur Sahu Vs. Hakim Lal
(c) Muhammad Shafi Vs. Muhammad- Sayed
(d) Tulk Vs. Moxhay
14.(a)
The doctrine of “lis pendens” is explained in famous case of Bellamy Vs. Sabine.
14.Legal Awareness - Important Indian Acts – Medium
15.Who is competent to transfer a revenue case from one District to another under Section 29 of the M. P. Land Revenue Code?
(a) State Government(b) Board of Revenue(c) Chief Secretary(d) Revenue Minister
15.(b)
Board of Revenue is competent to transfer a revenue case from one District to another under Section 29 of the M. P. Land Revenue Code.
15.Legal Awareness - Legal Maxims – Easy
16.Which one of the following sections of the Indian Penal Code has been declared unconstitutional as violate of Articles 14 and 21 of the Constitution of India?
(a) Section 301 (b) Section 303(c) Section 306 (d)Section 314
16.(b)
16.Legal Awareness – Constitution – Medium
17.Ipso facto means
(a)in place of(b)by reason of first fact
(c)by the same sources(d)by the way
17.(c)
Ipso facto means by the same sources.
17.Legal Awareness - Legal Terms – Easy
18.Who can tender pardon to accomplice under Section 306 of the Code of Criminal Procedure?
(a) Chief Judicial Magistrate only(b) Metropolitan Magistrate only
(c) Magistrate of the First Class only(d) All of the above
18.(c)
18.Legal Awareness - Law, Its Nature and Classification – Easy
19.Transfer of a right to enjoy the immovable property for a certain time is
(a) mortgage(b) agreement to lease(c) license(d) lease
19.(d)
Transfer of a right to enjoy the immovable property for a certain time is lease.
19.Legal Awareness - Important Indian Acts – Medium
20.The relief provided India Its Specific Relief Act is
(a) discretionary (b) mandatory(c) statutory (d) obligatory
20.(c)
The relief provided India Its Specific Relief Act is statutory.
20.Legal Awareness - Law, Its Nature and Classification – Easy
21.The pre-requisite for the enforcement of directive principles of the State policy is
(a) an effective, hones government(b) socialist government
(c) active opposition(d) adequate resources
21.(d)
The pre-requisite for the enforcement of directive principles of the State policy is adequate resources.
21.Legal Awareness - Law, Its Nature and Classification – Easy
22.Under which section of the Hindu Marriage Act, 1955, the provision relating to registration of marriage is given?
(a) Section 8(b) Section 7(c) Section 6(d) Section 5
22.(a)
Section 8 of the Hindu Marriage Act, 1955, the provision relating to registration of marriage is given.
22.Legal Awareness - Law, Its Nature and Classification – Medium
23.‘A’ promises to obtain for 'B' an employment in public service and 'B' promises to pay
Rs. 1000 to 'A', the agreement between ‘A’ and ‘B’
(a)is Legal and proper(b)can be enforced at the instance of 'B'
(c)is Void agreement(d)None of the above
23.(c)
23.Legal Awareness - Legal Maxims – Medium
24.Which 'Section' of the Code of Criminal Procedure provides for prosecution for offences against marriage?
(a) Section 196 (b) Section 197 (c) Section 198(d) None of these
24.(c)
24.Legal Awareness - Important Indian Acts – Easy
25.Which Provision of the Code of Civil Procedure provides that one person may sue or defended behalf of all in same interest?
(a) Order 1, Rule 1 (b) Order 2, Rule 2 (c) Order 1, Rule 8 (d) Order 1, Rule 9
25.(c)
25.Legal Awareness - Legal Maxims – Medium
(Q. Nos. 26 to 30)
Rules
A.The State shall not discriminate, either directly or indirectly, on the grounds of sex, race, religion, caste, creed, sexual orientation, marital status, disability, pregnancy, place of birth, gender orientation or any other status.
B.Direct discrimination occurs when for a reason related to one or more prohibited grounds a person or group of persons is treated less favourably than another person or another group of persons in a comparable situation.
C.Indirect discrimination occurs when a provision, criterion or practice which is neutral on the face of it would have the effect of putting persons having a status or a characteristic associated with one or more prohibited grounds at a particular disadvantage compared with other persons.
D.Discrimination shall be justified when such discrimination is absolutely necessary in order to promote the well-being of disadvantaged groups, such as women, dalits, religious minorities, sexual minorities or disabled persons.
Facts
On 2nd October 2010, the Governor of the state of Bihar ordered the release of all women prisoners who were serving sentence of less than one year imprisonment to mark the occasion of Mahatma Gandhi's birthday.
26.Which of the following is correct with respect to the Governor's order?
(a)It discriminates directly on the ground of sex
(b)It discriminates indirectly on the ground of sex
(c)It does not discriminate on the ground of sex
(d)It discriminates directly as well as indirectly on the ground of sex
26.(a)
About Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, It discriminates directly on the ground of sex.
27.Is the governor's order justified under Rule D?
(a)Yes, because it is for the well-being of women prisoners
(b)No, because it is not absolutely necessary for the well-being of women prisoners
(c)No, because it does not promote the well-being of women prisoners or the society
(d)None of the above
27.(c)
28.Assume that the Governor also made a second order requiring the release of all persons under the age of 25 and over the age of 65 who were serving a sentence of less than one year's imprisonment. Under the Rules, this order is
(a)Directly discriminatory(b)Indirectly discriminatory
(c)Not discriminatory(d)Discriminatory, but justifiable
28.(a)
29.Assume further that the government made a third order, releasing all graduate prisoners who are serving a sentence of less than one year's imprisonment. Which of the following statistics would have to be true for this order to be indirectly discriminatory?
(a)Only 13% of the prison population in Bihar have a graduation degree
(b)Of the graduate prisoners, 89% belong to upper castes
(c)Only 25% women in Bihar get a graduation degree
(d)All of the above
29.(b)
Rule
E.A discriminatory act shall be justified if its effect is to promote the well-being of disadvantaged groups, such as women, dalits, religious minorities, sexual minorities or disabled persons.
30.Would the first order of release of all women prisoners be justified under Rule E?
(a)Yes, because it promotes the well-being of women
(b)No, because it does not promote the well-being of women prisoners
(c)No, because it does not promote the well-being of all disadvantaged groups equally
(d)None of the above
30.(b)
26-30.Legal Reasoning - Law of Torts – Medium
31.Principle When an act which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, every person has the same right of private defence against that act which he would have if the act were that offence.
Facts X under the influence of madness attempts to kill Y.
(a)‘Y’ has the right of private defence against ‘X’
(b)‘Y’ does not have the right of private defence against ‘X’
(c)Y' has the right of private defence against 'X', only if 'X' is not under the influence of madness
(d)'X' has the right of private defence against 'Y'
31.(a)
According to the provisions given in Section 98 of the Indian Penil Code, in the given situation Y has the right of private defence against X, because every person has the same right of private defence against that act which he would have if the act were that offence.
31.Legal Reasoning - Criminal Law – Medium
32.Principle Where both the parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void.
Facts Ram is a supplier of electric goods. Shyam agrees to buy from Ram some electrical goods. The goods for which Shyam agrees to buy was already sold to another party though neither party was aware of it. Decide, is the agreement between Ram and Shyam void?
(a)Yes, because Ram and Shyam were relatives
(b)Yes, because Ram and Shyam were under a mistake as to matter of fact which is essential to the agreement
(c)No, because Shyam was enforced the goods were already sold
(d)No, because Ram was informed of the fact
32.(b)
32.Legal Reasoning - Contract Law – Medium
33. Principle One of the principles of natural justice is Nemo judex in causa sua, which means that no one should be a judge in his own cause. In other words, no person can judge a case in which he has an interest.
Facts 'X', a member of the selection board for a government service, was also a candidate for selection for the same service. 'X' did not take part in the deliberations of the board when his name was considered and approved.
(a)Selection of 'X' is against the principle of natural justice
(b)Selection of 'X' is not against the principle of natural justice
(c)Non-selection of 'X' will be against the principles of natural justice
(d)Non-participation of 'X' in the board deliberations will render his selection valid
33.(b)
In the given scenario, selection of X is not against the principle of natural justice, as X did not took part in the deliberations of the board when his name was considered and approved.
33.Legal Reasoning - Law of Torts – Medium
34. Principle A proposal (offer) should be made with an intention that after its valid acceptance, a legally binding promise or agreement will be created. The test for the determination of such intention is not subjective, rather it is objective. The intention of the parties is to be ascertained from the terms of the agreement and the surrounding circumstances under which such an agreement is entered into. As a general rule, in the case of arrangements regulating social relations, it follows as a matter of course that the parties do not intend legal consequences to follow. On the contrary, as a general rule, in the case of arrangements regulating business affairs, it follows as a matter of course that the parties intend legal consequences to follow. However, the above rules are just presumptive in nature and hence can be rebutted.
Facts One morning while having breakfast, 'X', the father, says to 'Y' (X's son), in a casual manner, 'I shall buy a motorbike for you, if you get through the CLAT.'
Which of the following derivations is correct?
(a)'X' made a statement that resulted in an enforceable promise
(b)'X' made a statement that resulted in a valid proposal
(c)'X' made a statement that resulted in an enforceable agreement
(d)'X' made a statement that did not result in any enforceable agreement
34.(d)
According to the principle mentioned here, a proposal should be made with an intention that after its valid acceptance, a legally binding promise or agreement will be created. Here X made a statement in a casual manner to his son Y, so this statement did not result in any enforceable agreement.
34.Legal Reasoning - Contract Law – Medium
35.Principle A contract is an agreement which the law will enforce. All agreements are contract if they are made with free consent by parties competent to contract for a lawful consideration and with a lawful object.
Facts 'A', a young man and 30 yr old businessman of sound mind without any consideration agrees to give ‘B’ Rs. 10000. 'A' fails to fulfill his promise, 'B' sues 'A' for the amount
(a)'B' will succeed as 'A' has the capacity to make the contract
(b)'B' will succeed as 'A' made the promise of his own free will
(c)'B' will succeed as the money is not being paid for any illegal object
(c)'B' will fail as the agreement is without consideration
35.(d)
35.Legal Reasoning - Contract Law – Medium
36.Principle The consideration or object of an agreement is unlawful if the court regards it as opposed to public policy. Every agreement of which the object or consideration is unlawful is void.
Facts 'X' promises to obtain for 'Y' an employment in the public service and ‘Y’ promises to pay Rs. 500000 to 'X'
Which of the following derivations is correct?
(a)There is a contract between 'X' and ‘Y’
(b)There is a voidable contract between 'X' and ‘Y’
(c)There is an agreement between 'X' and Y which can be enforced by the court of law
(d)There is an agreement between 'X' and 'Y' which cannot be enforced by the court of law
36.(d)
According to the principle given in the problem, consideration or object of an agreement is unlawful if the court regards it as opposed to public policy. In the given situation, as X promises to obtain for Y an employment in the public service and Y promises to pay Rs. 500000 to X, which is opposed to public policy.
So, the agreement between X and Y cannot be enforced by the court of Law.
36.Legal Reasoning - Contract Law – Medium
37.Principle : : When culpable homicide is not murder - Culpable homicide is not murder if the offender, whilst deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident.
Facts : : A, under the influence of passion excited by a provocation given by Z, intentionally kills. Y, Z's child. This is murder, in as much as the provocation was not given by the child, and the death of the child was not caused by accident or misfortune in doing an act caused by the provocation.
(a)A has committed murder, as must as the provocations was not given by the child.
(b)A, not excited by provocation.
(c)whether provocation given by the child.
(d)whether it causes as culpable homicide not amounting to murder.
37.(a)
37.Legal Reasoning - Criminal Law – Medium
38. Principle Damage without the violation of a legal right is not actionable in a court of law. If the interference with the rights of another person is not unlawful or unauthorised, but a necessary consequence of the exercise of defendant's own lawful rights, no action should lie.
Facts There was an Established School (‘ES’) in a particular locality. Subsequently, a New School ('NS') was set up in the same locality, which charged lower fees, on account of which people started patronising the new school. Because of the competition, 'ES' had to reduce its fees. 'ES' filed a case against 'NS' saying that 'NS' had caused it (‘ES’) financial loss and thus claimed compensation.
Which of the following derivations is correct?
(a)Since no legal right of ‘ES’ had been violated, therefore, as such no compensation could be granted
(b)Since, damage is caused to ‘ES’, therefore, it should be awarded compensation
(c)‘ES’ should be awarded compensation, as opening of school in competition is not good
(d)No compensation could be granted, as reduction in fees is good for the public
38.(a)
According to the Law of Torts, there is a legal maxim ‘damnum sine injuria’ which means causing of damage without the violation of a legal right.
In the given situation, no legal right of ‘ES’ has been violated by establishing a New School (NS) in the same locality which charged low fees. So, no compensation could be granted.
38.Legal Reasoning - Law of Torts – Medium
39.Principle : Assault - Whoever makes any gesture, or preparation intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit an assault.
Facts : A begins to unloose the nuzzle of a ferocious dog, intending or knowing it to be likely that he may thereby cause Z to believe that he is about to cause the dog to attack Z. A has committed an assault upon Z.
Whether it is
(a) criminal force (b)criminal assault (c) assault(d) attempt to assault
39.(c)
39.Legal Reasoning - Criminal Law – Medium
40. Principle The transferor of goods cannot pass a better title than what he himself possesses.
Facts 'X' sells a stolen bike to T. T buys it in good faith. As regards the title to bike, which of the following derivation is correct?
(a)The real owner cannot get back the bike from ‘Y’
(b)'Y' will get no title, as transferor's (X's) title was defective
(c)‘Y’ will get good t tie, as he is a bona fide buyer
(d) 'Y' will get good title, as has not committed any wrong (stolen the bike)
40.(c)
According to section, 21 (1) of the Sale of Goods Act, the transferor of goods cannot pass a better title than he himself possesses. The rule represents the common law's traditional favour of the preservation of property rights. In this case, Y (buyer) will get a good title, as he is a bona fide buyer.
40.Legal Reasoning - Law of Torts – Medium
41.Principle A contract without consideration is void. When at the desire of one party, the other party does something the consideration is said to flow from the later to the former.
Facts A house was on fire and a child was trapped inside the house, everyone was shouting for help. A brave on looker, hearing the shouting of child, went inside the house and brought it out. The grateful father of the child promised to pay the rescuer Rs. 10000 subsequently be rendered the promise. The rescuer sued the promisee for the breach.
(a)Commercial consideration cannot be applied to humanitarian help
(b)The father of the child must pay for the service rendered by the rescuer
(c)The recover is not entitled to the payment, since he acted on his own
(d)None of the above
41.(c)
41.Legal Reasoning - Contract Law – Medium
42.Principle : Whoever intending to take dishonestly any moveable property out of the possession of any person without that person's consent moves that property in order to such taking is said to commit theft.
Facts : 'X' being a close friend of 'A' enters into his room. X notices watch lying on the table, pick it up without A's cousent and walked out he was caught by A and on search of his personal watch was found in X's pocket.
(a)X has committed no offence
(b)X attempted to commit theft
(c)X has committed an offence of theft
(d)X had implied consent of being his close friend
42.(c)
42.Legal Reasoning - Criminal Law – Medium
43. Principle Trespass to land means direct interference with the possession of land without lawful justification. Trespass could be committed either by a person himself entering the land of another person or doing the same through some tangible object(s).
Facts 'A' throws some stones upon his neighbour's (B's) premises.
Which of the following derivations is correct?
(a)'A' has committed trespass
(b)'A' has not committed trespass, as he has not entered B's premises
(c)'A' has committed nuisance
(d)None of the above
43.(a)
According to Law of Torts on Trespass, it means direct interference with the possession of land without lawful justification. It can be committed either by a person himself or doing the same through some tangible objects. Here A has committed the offence of trespass by throwing stones upon his neighbour's (B's) premises.
43.Legal Reasoning - Law of Torts – Medium
44.Principle : Agreement void, if considerations and objects unlawful in part- If any part of a single consideration for one or more objects, or any one or any part of any one of several considerations for a single object, is unlawful, the agreement is void.
Facts : A promises to superintend, on behalf of B, a legal manufacturer of indigo, and an illegal traffic in other articles. B promises to pay to A a salary of Rs. 10000 a year. The agreement is void, the object of A's promise, and the consideration for B's promise, being in part unlawful If only a part of the consideration or object is unlawful, the contract under Section 24 shall be
(a)valid to the extent the same are lawful
(b)void as a whole
(c)void to the extent the same are unlawful
(d)valid as a whole
44.(b)
44.Legal Reasoning - Contract Law – Medium
45. Principle When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.
Facts Roshan along with two of his friends, Tushar and Tarang proceeded to the house of Darshan in order to avenge an insult made by the brother of Darshan. They opened fire on the members of Darshan's family. It was found that the shots of Roshan did not hit anyone, but the shots of Tushar and Tarang succeeded in killing Darshan.
(a)Roshan was not liable for the offence of murder of Darshan, as Roshan's shots did not hit Darshan
(b)Only Tushar and Tarang were liable for the offence of murder of Darshan, as their shots hit Darshan
(c)Roshan along with Tushar and Tarang was liable for the offence of murder of Darshan
(d)Roshan was liable to a lesser extent comparing to his friends for the offence of murder of Darshan, as Roshan's shots did not hit Darshan
45.(c)
Section 34 of the Indian penal code enshrines this principle as, when a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.
In the present case, Roshan along with Tushar and Tarang is liable for the offence of murder of Darshan, because they went to Darshan's house in furtherance of common intention to avenge an insult made by the brother of Darshan.
45.Legal Reasoning - Criminal Law – Medium
46.Principle No person can be judge in his own cause.
Facts An admission test is to be held to select the best students for admission on merit. The father of a candidate without disclosing that his son is appearing in the test is involved in conducting test. Objections are taken on the ground that the sanctity of the test is vitiated as a person undirected in the test has taken part in conducting it. Decide
(a) test is valid because father of candidate is not a judge in this case
(b)admission test is vitiated because father is a party of conducting the test and hence in a position to affect the result
(c)objection not on sound ground
(d)None of the above
46.(b)
46.Legal Reasoning - Law of Torts – Medium
47.Principle Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, has committed an offence, which shall be punished in accordance with the law.
Facts 'X', a truck driver, driving his vehicle rashly and negligently at a high speed climbed the footpath and hit T, a pedestrian, from behind causing his death.
(a)'X' is not guilty of rash and negligent driving.
(b)Y should have taken sufficient care on the footpath.
(c)'X' is guilty of rash and negligent driving.
(d)'X' is only in part guilty of rash and negligent driving.
47.(c)
Section 279 of the Indian Penal Code, deals with the provisions of Rash driving or riding on a public way. In this case, X is guilty of rash and negligent driving, because he is driving at a high, speed due to which he climbed the footpath and hit Y a pedestrian from behind causing his death.
47.Legal Reasoning - Criminal Law – Medium
48.Principle : The sharing of profits or of gross returns arising from property by persons holding a joint or common interest in that property does not in itself make such persons partners.
The receipt by a person of a share of the profits of a business, or of a payment contingent upon the earning of profits or varying with the profits earned by a business, does not of itself make him a partner with the persons carrying on the business.
Which of the following in itself is not sufficient to constitute-a partnership?
(a)the sharing of profits by persons having a joint or common interest.
(b)the receipt by a person of a share of the profits.
(c)the receipt by a person of a payment varying with the profits earned by a business
(d)All of the above
48.(d)
48.Legal Reasoning - Contract Law – Medium
49. Principle Whoever intentionally uses force to any person, without that person's consent, in order to the committing of any offence, or intending by the use of such force to cause, or knowing it to be likely that by the use of such force he will cause injury, fear or annoyance to the person to whom the force is used, is said to use criminal force to that other.
Facts 'Z' is riding in a palanquin. 'A', intending to rob 'Z', seizes the pole and stops the palanquin. Here 'A' has caused cessation of motion to 'Z', and 'A' has done this by his own bodily power.
(a)‘A’ has used criminal force to ‘Z’
(b)‘A’ has no intention to use criminal force to ‘Z’
(c)‘A’ has used force with the consent of ‘Z’
(d)None of the above is correct
49.(a)
Section 350 of the Indian penal code deals with the offence of Criminal force. In the present case, A is guilty of using criminal force to Z, because he (A) with the intention of robbing Z stops the palanquin without Z's consent and by using his own bodily power.
49.Legal Reasoning - Criminal Law – Medium
50.Principle : Personal profits earned by partners-Subject to contract the partners.
(1)if a partner earns any profit for himself from any transaction of the firm, or from the use of the property or business connection of the firm or the firm name, he shall account for that profit and pay it to the firm.
(2)if a partner carries on any business of the same nature as and competing with that of the firm, he shall account for and pay to the firm all profits made by him in that business.
Sections 16 of the Indian Partnership Act, 1932 is start from the term 'subject to' what does it mean?
(a)The agreement for the business of the firm
(b)The agreement between the partners
(c)The agreement for business transaction
(d)None of the above
50.(a)
50.Legal Reasoning - Contract Law – Medium
Get free pdf for Legal Aptitude Worksheet-08