Practice Questions For CLAT Subject Legal Aptitude (Worksheet-7)
Legal Aptitude Worksheet-07 With Detail Solutions
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1.Intra vires means
(a)within the powers(b)outside the powers
(c)within the scope of fundamental rights(d)regular
Ultra vires is a Latin phrase meaning "beyond the powers". If an act requires legal authority and it is done with such authority, it is characterised in law as intra vires ("within the powers"). If it is done without such authority, it is ultra vires.
1.Legal Awareness - Legal Terms – Easy
2.The Child Marnaoe Restraint Act, 2006 is applicable to
(b)all Indians except Muslims as the minimum age of marriage among Muslim girls is puberty (beginning of menstruation) in Muslim Personal Law
(c)all Irrespective of religion
(d)all except Muslim, Christians and Jews
The Child Marnaoe Restraint Act, 2006 is applicable to The Child Marnaoe Restraint Act, 2006 is applicable to
2.Legal Awareness - Important Indian Acts – Medium
3.Who among the following was the first Chief Information Commissioner of India?
(a)Wajahat Habibullah(b)Irfart Habib
(c)Tahir Mahmood(d)Najma Heptullah
Wajahat Habibullah He was the chairperson of the National Commission for Minorities. Prior to this, he held the position of the first Chief Information Commissioner of India.
3.Legal Awareness - Legal Maxims – Easy
4.No fault liability means
(a)Liability for damage caused through negligence
(b)Liability for damage caused through fault
(c)Absolute liability even without any negligence or fault
(d)Freedom from liability
The principle that a human being should make good the harm caused by his fault seemed eminently reasonable. But the converse of this principle, namely that there can be no liability where there is no fault, offered an additional attraction to an era that was concerned with not forcing nascent industries to pay sizeable awards that they could ill afford at a time of weak insurance practices. In this sense fault also helped retain the boundaries of liability within manageable proportions. To this coincidence of morality and economic expediency the notion of fault doubtless owes much of its aura of soundness and inevitability.
4.Legal Awareness – Legal Terms – Medium
5.Result of successful prosecution is
(a) acquittal(b) discharge(c) conviction(d) charge sheeting
Result of successful prosecution is charge sheeting.
5.Legal Awareness – Constitution – Easy
6.Borrowing of money against pledge land as security. This system of arrangement is called
(a) Mortgage(b) Hundi(c) Pledge(d) None of these
6.Legal Awareness - Legal Terms – Easy
7. The Law of Torts has largely developed through
(a) Legislations(b) Customs(c) Judicial decisions (d) None of these
The Law of Torts has largely developed through customs.
7.Legal Awareness – Constitution – Easy
8.A right available against world at large is
(a) in pleno(b) in situ(c) in rem(d) in personam
A right available against world at large is in rem. In rem jurisdiction is a legal term describing the power a court may exercise over property (either real or personal) or a "status" against a person over whom the court does not have in personam jurisdiction.
8.Legal Awareness - Legal Terms – Medium
9.administratio ad . . . . . .
(a) bonis(b) litem(c) ancillary(d) uitam
Ad litem is Latin for "during the litigation." A person appointed by a probate court to represent an estate during a lawsuit. An administrator ad litem is appointed only if there is no existing executor or administrator of the estate, or if the executor or administrator has conflicting interests. For example, Jerry's will leaves most of his property to his brother, Jeff, and also names Jeff as executor of the will. But Jerry's sister, Janine, feels that Jerry made the will under improper pressure from Jeff and brings a lawsuit to challenge it. The court appoints an administrator ad litem to represent Jerry's estate while the lawsuit is in progress. Also known as administrator ad prosequendum, meaning administrator "during the prosecution."
9.Legal Awareness - Legal Terms – Medium
10.autre . . . . . . acquit / convict
(a) valet in lege(b) fois(c) animus(d) ut quod
Autrefois acquit / convict
10.Legal Awareness - Legal Terms – Easy
(a) justitiae (b)causa(c) usque(d)ad quem
ex debito justitiae
11.Legal Awareness - Legal Terms – Easy
12.. . . . . is defined as a security for repayment of a loan
(a) Pledge (b) Mortgage (c) Lease (d) None of these
Mortgage is defined as a security for repayment of a loan.
12.Legal Awareness - Legal Maxims – Easy
13.Assertion (A) None should make unnatural us of his land
Reason (R) It may prove fatal for the public at large
(a)Both A and R are' true(b)Both A and R are false
(c)A is true R is false(d)R is true A is false
13.Legal Awareness - Important Indian Acts – Easy.
14.Assertion (A) When right of a private individual has been infringed by other individual this called tort.
Reason (R) When right of public at large has been infringed this is called crime.
(a)Both A and R are true but R is not correct explanation of A
(b)Both A and R are true and R is correct explanation of A
(c)Both A and R false
(d)A is true R is false
14.Legal Awareness - Important Indian Acts – Medium
15.Assertion (A) Nemo qud not hebet no one can pass a better title than he has
Reason (R) Once goods has been sold to bonafide purchaser he does not become owner of the goods.
(a)A is true R is false(b)R is true A is false
(c)Both A and R are true(d)Both A and R are false
15.Legal Awareness - Legal Terms – Medium
16.A Chief Judicial Magistrate may pass a sentence of imprisonment
(a) not exceeding seven years(b) exceeding seven years
(c) for life(d) None of the above
16.Legal Awareness – Constitution – Easy
17.Under Mitakshara School Coparcenary interest develops by
(a) representation(b) survivorship(c) obstructed heritage(d) unobstructed heritage
Under Mitakshara School Coparcenary interest develops by survivorship.
17.Legal Awareness - Important Indian Acts – Easy
18.In which of the following conditions the lease can be terminated
(a) efflux of time(b) on termination of lessor’s interest or power
(c) on merger(d) All of the above
18.Legal Awareness - Legal Maxims – Medium
19.The member of a State Public Service Commission can be removed on the ground of misbehavior only after an enjuiry has been conducted by the
(a) Supreme Court of India(b) High Court of the State
(c) Committee Appointed by the President(d) None of the above
The member of a State Public Service Commission can be removed on the ground of misbehavior only after an enjuiry has been conducted by the High Court of the State.
19.Legal Awareness – Constitution – Medium
20.Provision of Section 24 of the Hindu Marriage Act, 1955 corresponds to
(a) Section 36 of the Special Marriage Act, 1954
(b) Section 36 of the Indian Divorce Act, 1869
(c) Both (a) and (b)
(d) None of the above
20.Legal Awareness - Important Indian Acts – Medium
21.`A' and `B’ contract to marry each other, before the time fixed for the marriage, `A' goes mad, the contract becomes
(a) Voidable Contract(b) Conditional Contract(c) Contingent Contract(d) Void Contract
22.Which of the following Sections was amended by the Indian Technology Act, 2000?
(a) Section 6 of the Indian Evidence Act(b) Section 17 of the Indian Evidence act
(c) Section 32 of the Indian Evidence Act(d) Section 41 of the Indian Evidence Act
22.Legal Awareness - Important Indian Acts – Medium
23.In which of the following offences under the Indian Penal Code, preparation of the offence is punishable?
(a) Murder(b) Dowry death
(c) Waging war against Government of India(d) Theft
23.Legal Awareness - Important Indian Acts – Medium
24.On being submitted the sentence of death by Court of Sessions, the High Court may
(a) confirm the sentence
(b) annul the conviction
(c) may pass any other sentence warranted by law
(d) All of the above
24. Legal Awareness – Legal Maxims – Medium
25.Who applied Qiyas for the first time as source of Muslim Law?
(a) Imam Abu Hanifa(b) Imam Yusuf(c) Imam Later(d) Imam Ahmad
25.Legal Awareness - Important Indian Acts – Easy
(Q. Nos. 26 to 30)
A.A minor is a person who is below the age of eighteen. However, where a guardian administers the minor's property the age of majority is twenty-one.
B.A minor is not permitted by law to enter into a contract. Hence, where a minor enters into a contract with a major person, the contract is not enforceable. This effectively means that neither the minor nor the other party can make any claim on the basis of the contract.
C.In a contract with a minor, if the other party hands over any money or confers any other benefit on the minor, the same shall not be recoverable from the minor unless the other party was deceived by the minor to hand over money or any other benefit. The other party will have to show that the minor misrepresented her age, he was ignorant about the age of the minor and that he handed over the benefit on the basis of such representation.
Ajay convinces Bandita, a girl aged 18 that she should sell her land to him. Bandita's mother Chaaru is her guardian. Nonetheless Bandita, without the permission of Chaaru, sells the land to Ajay for a total sum of rupees fifty lac, paid in full and final settlement of the price. Chaaru challenges this transaction claiming that Bandita is a minor and hence the possession of the land shall not be given to Ajay. Thus, Ajay is in a difficult situation and has no idea how to recover his money from Bandita.
26.Chaaru is justified in challenging the sale transaction because
(a)Bandita is of unsound mind and is not in a position to make rational decisions
(b)Though Bandita is eighteen years old she will be treated as a minor, as Chaaru is her guardian
(c)Though Bandita is eighteen years old, she cannot sell the land without the permission of her mother
(d)Though Bandita is eighteen years old she should not be treated like a person who has attained the age of majority
27.Ajay can be allowed to recover the money only if he can show that
(a)He was deceived by Bandita who misrepresented her age
(b)He honestly believed that Bandita was empowered under the law to sell the land
(c)He was an honest person who had paid the full price of the land to Bandita
(d)Both (a) and (b)
28.In order to defend the sale, Bandita will need to show that
(a)Bandita has attained the age of majority
(b)Bandita is mature enough to make rational decisions regarding her own affairs
(c)The sale transaction was beneficial to her interest and will enhance her financial status
(d)None of the above
29.Which of the following is correct?
(a)Ajay should be allowed to recover the money because even though there is no contract, Bandita and Chaaru should not be allowed to unjustly benefit from Ajay's money
(b)Ajay should be allowed the possession of the land because Chaaru can always decide to approve the transaction between Ajay and Bandita
(c)Ajay should not be allowed to recover because he induced Bandita, a minor, to sell the land
(d)None of the above
30.Which of the following is correct?
(a)If Ajay is allowed to recover the money, that will defeat the law framed for protecting the minors against fraudulent persons
(b)If Ajay is not allowed to recover that will cause him injustice as he has not paid off the entire sale price
(c)If Ajay is allowed to recover, Chaaru will benefit from both the money and the land
(d)None of the above
26-30.Legal Reasoning - Contract Law – Medium
(Q. Nos. 31 to 33)
A.A person is an employee of another if the mode and the manner in which he or she carries out his work is subject to control and supervision of the latter.
B.An employer is required to provide compensation to his or her employees for any injury caused by an accident arising in the course of employment. The words 'in the course of the employment' mean in the course of the work which the employee is contracted to do and which is incidental to it.
Messrs. Zafar Abidi and Co. (Company) manufactures bidis with the help of persons known as 'pattadars' The pattadars are supplied tobacco and leaves by the Company and are required to roll them into bidis and bring the bidis back to the Company. The pattadars are free to roll the bidis either in the factory or anywhere else they prefer. They are not bound to attend the factory for any fixed hours of work or for any fixed number of days. Neither are they required to roll up any fixed number of bidis. The Company verifies whether the bidis adhere to the specified instructions or not and pays the pattadars or the basis of the number of bidis that are found to be of right quality. Aashish Mathew is one of the pattadars of the Company. He was h:t by a car just outside the precinct of the factory while he was heading to have lunch in a nearby food-stall. Aashish Mathew has applied for compensation from the Company.
31.Which of the following statements can most plausibly be inferred from the application of the rules to the given facts?
(a)Aashish Mathew is an employee of the Company because the latter exercises control over the manner in which Aashish Mathew carries o it his work
(b)Aashish Mathew s not an employee but an independent contractor as he does not have a fixed salary
(c)Aashish Mathew is an employee because the Company exercises control over the final quality of the bidis
(d)Verification of the quality of bidis amounts to control over the product and not control over the mode and method of work and therefore, Aashish Mathew is not an employee of the C ompany
32.In case the pattadars were compulsorily required to work in the factory for a minimum, number of hours every day, then it would be correct to state that
(a)the injury was not caused by an accident in the course of employment
(b)Aashish Mathew would not be an employee as the Company would have still not exercised control over the manner of work
(c)the injury suffered by Aashish Mathew could not be held to be one caused by an accident
(d)stipulations on place and hours of work relate to manner and mode of work and therefore, Aashish Mathew would be held to be an employee of the Company
33.According to the facts and the rules specified, which of the following propositions is correct?
(a)The Company is not liable to pay compensation as the injury to Aashish Mathew was not caused by an accident arising in the course of employment
(b)The Company is liable to pay the compensation
(c)Since the injury did not arise in the course of employment the Company would not be liable to pay the compensation even though Aashish Mathew is an employee of the company
(d)The Company is liable to pay the compensation as Aashish Mathew is a contracted pattadar with the company
31-33.Legal Reasoning - Contract Law – Medium
34. Principle Every person shall be liable to punishment under the Indian Penal Code and not otherwise for every act or omission contrary to the provisions of the Code of which he shall be guilty within the territory of India. In other words, the exercise of criminal jurisdiction depends upon the locality of the offence committed, and not upon the nationality or locality of the offender.
Facts 'X', a Pakistani citizen, while staying at Karachi, made false representations to ‘Y’ the complainant, at Bombay through letters, telephone calls and telegrams and induced the complainant to part with money amounting to over rupees five lakh to the agents of 'X' at Bombay, so that rice could be shipped from Karachi to India as per agreement; But the rice was never supplied to the complainant.
(a)The offence of cheating under section 420 of the Code was committed by 'X' within India, even though he was not physically present at the time and place of the crime.
(b)The offence of cheating as per section 420 of the Code was not committed by 'X' within India, as he was not physically present at the time and place of the crime.
(c)Only the agents of 'X' had committed the offence of cheating under section 420 of the Code within India, as they were physically present at the time and place of the crime.
(d)Y was also liable for the offence of cheating under section 420 of the Code within India, as he was physically present at the time and place of the crime.
The principle given here is similar to that given under Section 2 of the Indian Penal Code. In the given scenario, X is guilty of committing the offence of cheating, under section 420 of the IPC, even though he was not physically present at the time and place of the crime.
34.Legal Reasoning - Criminal Law - Meidum
35.Principle : What agreements are contracts- All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void.
Nothing herein contained shall affect any law in force in [India], and not hereby expressly repealed, by which any contract is required to be made in writing or in the presence of witnesses, or any law relating to the registration of documents. When an agreement becomes a contract, it contains
(a)free consent of parties
(b)parties must be competent to contract
(c)a lawful consideration must be there
(d)All of the above
35.Legal Reasoning - Contract Law – Medium
36. Principle Where a person fraudulently or erroneously represents that he is authorized to transfer certain immovable property and professes to transfer such property for consideration, such transfer shall, at the option of the transferee, operate on any interest which the transferor may acquire in such property at anytime during which the contract of transfer subsists.
Facts ‘A’, a Hindu who has separated from his father 'B', sells to 'C' three fields, X, Y and Z representing that 'A' is authorised to transfer the same. Of these fields Z does not belong to 'A', it having been retailed by 'B' on the partition; but on B's dying 'A' as successor obtains Z and at that time ‘C’ had not cancelled the contract of sale.
(a)‘A’ can sell Z to a third party(b)‘A’ is not required to deliver Z to 'C'
(c)‘A’ is required to deliver Z to 'C'(d)None of the above statements
Section 43 of the Transfer of Property Act, deals with this situation, which is, transfer by unauthorised person who subsequently acquires interest in property transferred. In the given problem, A is not authorised to transfer Z as it does not belong to him. But after B's death A is the immediate successor and subsequently obtains Z, so he is required to deliver Z to C and he cannot cancel the contract.
36.Legal Reasoning - Contract Law – Medium
37.Principle : 'Consent' defined as - Two or more persons are said to consent when they agree upon the same thing in the same sense.
What does 'consent' include?
(b)Two or more person
(c)They agree upon the same thing in the same sense
(d)All of the above
37.Legal Reasoning - Contract Law – Easy
38. Principle When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal. The expression of willingness/desire results in a valid proposal only when it is made/addressed to some person(s).
Facts 'X' makes the following statement in an uninhabited hall. 'I wish to sell my mobile phone for Rs. 1000.
Which of the following derivations is correct?
(a)'X' made a statement that resulted in a promise
(b)'X' made a statement that resulted in a proposal
(c)X' made a statement that did not result in any proposal
(d)'X' made a. statement that resulted in an agreement
Section 2 (a) of the Indian contract Act states that when one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal. In the given case, X made a statement in an uninhabited hall regarding selling his mobile phone for Rs. 1000 and it was not made or addressed to anyone. So, this does not amount to a valid proposal.
38.Legal Reasoning - Contract Law – Medium
39.Principle : The communication of a revocation is complete - as against the person who makes it, when it is put into a course of transmission to the person to whom it is made, so as to be out of the power of the person who makes it; as against the person to whom it is made, when it comes to his knowledge.
Fact A revokes his proposal by telegram the revocation is complete as against A when the telegram is dispatched. It is complete as against B when B receives it. B revoked his acceptance by telegram B's revocation is complete as against B when the telegram is dispatched, and as against A when it reaches him.
How a proposal is revoked?
(a)By the communication of notice of revocation by the proposer to the other party.
(b)By the lapse of the time prescribed in such proposal for its acceptance, or, if no time is so prescribed, by the lapse of a reasonable time, without communication of the acceptance.
(c)By the failure of the acceptor to fulfill a condition precedent to acceptance.
(d)By the death or insanity of the proposer, if the fact of his death or insanity comes to the knowledge of the acceptor before acceptance
39.Legal Reasoning - Criminal Law – Medium
40. Principle Two or more persons arc said to consent if they agree upon the same thing in the same sense. Consent is said to be free when it is not caused by coercion, or undue influence, or fraud, or misrepresentation, or mistake. When consent to an agreement is caused by coercion, undue influence, fraud or misrepresentation, the agreement is a contract voidable (rescindable or terminable) at the option of the party whose consent was so caused. However, when consent to an agreement is caused by mistake as to a matter of fact essential to the agreement, the agreement is void.
Facts 'X' threatens to gun down Y if he (Y) does not sell his property worth Rs. 2000000 for Rs. 100000 only. As a consequence, T agrees to sell it as demanded by 'X'.
Which of the following derivations is correct?
(a)There is a contract between 'X' and 'Y'
(b)There is an agreement between 'X' and ‘Y’ which can be enforced by the court of law
(c)There is an agreement between 'X' and ‘Y’ which cannot be enforced by the court of law
(d)There is a contract between 'X' and 'Y' which voidable at the option of ‘Y’
Section 13 of the Indian Contract Act states that, two or more person are said to consent when they agree upon the same thing in the same sense (consensus-ad-idem). Section 14 of the Indian Contract Act states that, Consent is said to be free when it is not caused by; coercion, undue influence, fraud, misrepresentation, mistake. In the given scenario, as X threatens to gun down Y, if he (Y) does not sell his property for lower consideration. As a consequence, Y agrees to sell it as demanded by X. So, the contract between X and Y is a voidable contract at the option of Y.
40.Legal Reasoning - Contract Law – Easy
41.Principle : Whoever causes death by doing an act with the intention of causing death commits culpable homicide, punishable under Indian Penal Code.
Facts : In this case, there was no previous enmity between the accused and deceased. There was a scuffle and sudden quarrel that preceded the occurrence. The accused along with other inflicted two injuries on the head and some bruises on other part of the body of deceased by a ringed stick and on ordinary stick. Medical report said that the injury was sufficient in the ordinary course of nature to cause death. Decide
(a)culpable homicide is murder if the act by which the death is caused is done with the intention of causing death or
(b)if it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused or
(c)if it is done with the, intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death or
(d)if the person, committing the act knows that it is so imminently dangerous that it must, in all probability cause death or
41.Legal Reasoning - Criminal Law – Medium
42. Principle A person has no legal remedy for an injury caused by an act to which he has consented.
Facts ‘R’ a cricket enthusiast, purchases a ticket to watch a T20 match organised by the Indian Premier League (IPL). During the match, a ball struck for six hits 'R' on his body and injures him. He sues IPL for compensation for the medical expenses.
Which of the following derivations is correct?
(a)'R' should be compensated as he purchased the ticket to get entertainment and not to get injured
(b)'R' would fail in Misacting, as he voluntarily exposed himself of the risk
(c)IPL would boilable as it did not ensure that the spectators were protected from the risk of such injuries
(d)None of the above
According to a legal maxim ‘volenti non fit injuria’, in the given situation R would fail in his action, as he voluntarily exposed himself to the risk. This maxim means, one who knowingly and voluntarily consents to and takes on a risk (for example, by participating in a potentially dangerous sport, such as motor racing or skiing) cannot ask for compensation for the damage or injury resulting from it.
42.Legal Reasoning - Criminal Law – Medium
43.Principle No state has right to injure the interest of the other states.
Facts Torina and Perina are adjoining nations. In Torina, just across the International boundary, a smelting industry is set up. The sulphur fumes discharged by this industry are seriously polluting air near the town Petro in Perina. Perina complains to Torina about the discharge of fumes. The dispute between Torina and Parina is submitted to arbitration for settlement. The following claims are being considered by the arbitrators which do you think is the most reasonable and fair?
(a)Torina is a sovereign and independent state. It may use its territory in whatsoever manner it likes
(b)Torina says Perina will have to suffer from sulpher because it is unavoidable in the industrial area
(c)All states a mast ensure that their territories must be used in such a manner as not to cause injury to the interests of othe states. Hence, Torina must relocate the industry
(d)Perina agrees that Torina may use its territory in whatsoever manner it likes insists that Torina should pay some compensation to Perina for loss they are continually suffering
43.Legal Reasoning - Law of Torts – Medium
44. Principle A gift comprising both existing and future property is void as to the latter.
Facts 'X' has a house which is owned by him. He contracted to purchase a plot of land adjacent to the aid house, but the sale (of the plot of land) in his favour is yet to be completed- He makes a gift of both the properties (house and land) to ‘Y’
Under the afore-mentioned circumstances, which of the following derivations is correct?
(a)Gift of both the properties is valid
(b)Gift of both the properties is void
(c)Gift of house is void, but the gift of the plot of land is valid
(d)Gift of house is valid, but the gift of the plot of land is void
Section 122 of the Transfer of Property Act states that, 'Gift' is the transfer of certain existing movable or immovable property made voluntarily and without consideration, by one person, called the donor, to another, called the doner and accepted by or on behalf of the done. The subject matter of the gift has to be an existing property and not a future property. In the given case, gift of house is valid as it is an existing property, but the gift of the plot of land is invalid because it is a future property.
44.Legal Reasoning - Law of Torts – Medium
45.Principle: There is no liability is tort in cases of inevitable accidents.
Facts The defendant who was one of a showing party, fixed on a peasant. One of the bullets from his gun glanced off the bough of a tree and accidentally wounded the plaintiff who was engaged in carrying cartridges and game for the party.
(a)Defendant is liable
(b)Defendant is not liable because it is an inevitable accident and could not possible to prevent
(c)Defendant is liable because he had not act in this way
(d)None of the above
45.Legal Reasoning – Law of Torts – Medium
46. Principle The Constitution of India guarantees the 'right to life', which means 'right to live with human dignity'. The right to life under the constitution, however, does not include the right to die.
Facts ‘M’ who is 90, lives all alone as he has no family or children or grandchildren. He suffers from physical and mental distress, as there is no one to look after him. He has little means to foot his medical expenses. Under these circumstances, he approaches the court with a prayer that he should be granted the right to die with dignity because he does not want to be a burden on the society. Further, as it is his life, he has a right to put an end to it.
Which of the following derivations is correct?
(a)The prayer can be granted, as suicide is not an offense in India
(b)The prayer can be granted, as the right to life under the Constitution- includes the right to die
(c)The prayer can be granted, as a person cannot be forced to enjoy right to life to his detriment, disadvantage and disliking
(d)The prayer cannot be granted, as the right to life under the Constitution does not include the right to die
According to Article 21 of the Indian Constitution, right to life does not include right to die. This principle has been stated in a bench mark decision in the case of Gian Kaur vs State of Punjab.
So, in the case given here, the prayer cannot be granted, as the right to life under the constitution does not include the right to die.
46.Legal Reasoning - Law of Torts – Medium
47. Principle Nothing is an offence which is done by a person who is bound by law to do it.
Facts ‘A’, a police officer, without warrant, apprehends ‘Z’ who has committed murder.
(a)'A' is guilty of the offence of wrongful confinement
(b)'A' is not guilty of the offence of wrongful confinement
(c)'A' may be guilty of the offence of wrongful restraint
(d)'A' cannot apprehend T without a warrant issued by a court of law
The principle given here is similar to that enshrined in section 76 of the Indian penal code, which states that nothing is an offence which is done by a person who is, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith believes himself to be, bound by law to do it. In the present scenario, A is not guilty of the offence of wrongful confinement, because being a police officer he is duty bound to apprehend Z, who has committed a murder. Thus, his act comes within the purview of general exceptions of the Indian penal code.
47.Legal Reasoning - Criminal Law – Medium
(1) No consideration-no contract
(2) Consideration is something done or abstinence of a party at the desire of another party
(3) Consideration must have value in the eye of law.
Facts : Innovative Educational Trust manages a school named Bharat Vidyaniketan. Ram the parent of a student in the school suggested to the trust that it could build a new library building for which he would bear a part of the cost. The school authority accepted the suggestion and started construction of the building. Ram has suffered a loss in business, now he refuses to pay the part he had offered earlier.
(a) Ram is liable to pay because based upon his promise, the school authority started construction of the building
(b) Ram is not liable to pay because, as the building was for the benefit of the school and he has nothing to do with it by way of enjoying and benefit
(c) Ram is liable to pay because Ram's child is a student in the same school
(d) None of the above
48.Legal Reasoning - Law of Torts – Medium
49. Principle One of the essential conditions for a marriage between any two persons to be solemnised under the Special Marriage Act, 1954 is that at the time of the marriage the male has completed the age of twenty-one years and the female the age of eighteen years. If the said condition is not fulfilled such a marriage is null and void.
Facts ‘A’, a male aged twenty-two years, proposes to marry ‘B’, a female aged sixteen years, at Delhi in the month of June 2014 under the Special Marriage Act, 1954.
(a)Marriage between ‘A’ and ‘B’ can be legally solemnised under the Special Marriage Act, 1954
(b)Marriage between ‘A’ and ‘B’ cannot be legally solemnised under the Special Marriage Act, 1954
(c)Marriage between ‘A’ and ‘B’ can remain valid for A under the Special Marriage Act, 1954
(d)None of the above is correct
According to the principle given here and the provisions of the Special Marriage Act 1954, essential condition for a marriage between any two persons is that at the time of the marriage the male has completed the age of 21 yr and female the age of 18 yr. However, in this case, the marriage is null and void because the female is 16 yr old, so the marriage cannot be legally solemnized.
49.Legal Reasoning – Family Law – Medium
50. Principle Acceptance should be made while the offer is still subsisting. The offeror is free to retract his offer at anytime before his offer gets accepted by the offeree. Once the offer is withdrawn or is lapsed, it is not open to be accepted so as to give rise to a contract. Similarly, if a time is prescribed within which the offer is to be accepted, then the offer must be accepted within the prescribed time. And if no time is prescribed, then the acceptance must be made within a reasonable time. What is a reasonable time', is a question of fact which is to be determined by taking into account all the relevant facts and surrounding circumstances.
Facts 'X' makes an offer to T to sell his equipment for Rs.1000.00. No time is specified for the acceptance. 'Y' sends his reply two years after receiving the offer.
Which of the following derivations is correct?
(a)There arises a contract between 'X' and 'Y' to sell/buy the equipment in question for Rs. 1000.00
(b)There does not arise any contract between 'X' and 'Y' to sell/buy the equipment in question for
(c)'X' is bound by his offer and hence cannot reject the acceptance made by 'Y’
(d)There arises a promise by T to buy the equipment
According to the provisions of the Indian Contract Act and the principle given here, an offer must be accepted within the prescribed time and if no time is prescribed, then the acceptance must be made within a reasonable time.In the given scenario, Y sends his acceptance to an offer made by X. two years after receiving the offer. So, it is not within reasonable time.
50.Legal Reasoning - Contract Law – Medium
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