Sonia patil

EduRev CLAT

Sonia patil
EduRev CLAT
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Sonia patil upvoted   •  Jan 21, 2025

Common intention implies a pre-arranged plan and acting in concert pursuant to the plan. Common intention comes into being prior to the commission of the act, which need not be a long gap. To bring common intention into effect a pre-concert is not necessarily be proved, but it may well develop on the spot as between a number of persons and could be inferred from facts and circumstances of each case. For example A and B caught hold of C where only B stabbed C with a knife but A is also liable for murder as there was a pre concerted action. In the case Pandurang v. State of Hyderabad, Supreme court emphasized on this point that prior concert need not be something always very much prior to the incident, but could well be something that may develop on the spot, on the spur of the moment.
Common Intention and Similar Intention
Common intention does not mean similar intention of several persons. To constitute common intention it is necessary that the intention of each one of them be known to the rest of them and shared by them. In the case of Dukhmochan Pandey v. State of Bihar, the Supreme Court, held that: “Common intention which developed at the spur of the moment is different from the similar intention actuated a number of person at the same time….the distinction between a common intention and similar intention may be fine, but is nonetheless a real one and if overlooked, may lead to miscarriage of justice….” The mere presence of accused together is not sufficient to hold that they shared the common intention to commit the offence in question. It is necessary that the intention of each one of ‘several persons’ be known to each other for constituting common intention.
Q. A gang of six members went to a bank, armed with weapons to commit a heist. While five of the gang members went inside the bank, Mr. A (the sixth member) waited outside the bank to alert them on any threat. During the heist one of the gang members fired a gun at the branch manager, as a result he died. All five escaped but Mr. A was caught and arrested. Now, choose the most appropriate option as per the principle stated in the above passage.
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This is correct. According to the principle stated in the passage, common intention means that the intention of each member of the gang was known to and shared by the other members. In this case, all six members of the gang went to the bank armed with weapons and with the intention of committing a heist. The fact that Mr. A waited outside the bank does not absolve him of liability, as he was still... more

Sonia patil upvoted   •  May 12, 2024

Select the appropriate word which makes the sentence meaningful.
Sachin Tendulkar is an __________ player.
  • a)
    eminent
  • b)
    imminent
  • c)
    emminent
  • d)
    emmeinent
Correct answer is option 'A'. Can you explain this answer?

Dia Mehta answered
'Eminent' means a person who is successful, well-known, outstanding, etc.
'Imminent' means about to happen or likely to occur, possible, etc.
Use of Imminent in a sentence:
Imminent - The earthquake is imminent, so be prepared to face it.

X and Y go to murder Z. X stood on guard with a spear in hand but did not hit Z at all. Y killed Z.
  • a)
    Only Y is liable of murder Z; and X is not liable as he did not perform any overt act.
  • b)
    X and Y both are liable for murder of Z.
  • c)
    X is not liable as he did not perform any overt act.
  • d)
    Only Y is liable of murder Z.
Correct answer is option 'B'. Can you explain this answer?

Sonia patil answered  •  Mar 17, 2024


Explanation:

a) X and Y both are liable for murder of Z:
- In legal terms, both X and Y can be held liable for the murder of Z. While X did not physically harm Z, he was present at the scene with a spear in hand, indicating his participation in the crime.
- X's presence at the scene and his readiness to commit the crime make him an accomplice to the m
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Directions: The question consists of two statements, one labelled as Principle(s) and the other as Facts. You are to examine the Principle(s) and apply it/them to the given Facts carefully, and select the best option.
Principle: Wherever the causing of a certain effect, or an attempt to cause that effect, by an act or by an omission, is an offence, it is to be understood that the causing of that effect partly by an act and partly by an omission is the same offence.
Facts: A intentionally causes Z's death, partly by illegally omitting to give Z food and partly by beating Z.
Has A committed murder by not giving food to Z?
  • a)
    Yes, because the offence of beating has been done along with reducing availability of food.
  • b)
    No, because not giving food cannot be counted as murder.
  • c)
    Yes, because A had intention to murder Z.
  • d)
    None of these
Correct answer is option 'C'. Can you explain this answer?

Sonia patil answered  •  Mar 17, 2024
Principle:

Principle: Wherever the causing of a certain effect, or an attempt to cause that effect, by an act or by an omission, is an offence, it is to be understood that the causing of that effect partly by an act and partly by an omission is the same offence.

Facts:

Facts: A intentionally causes Z's death, partly by illegally omi
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Directions: Read the following passage and answer the question that follows.
Early in the careers of most novelists, the critics nag and carp; later, the cold eye of reassessment is cast over their life's work at the peak of a writing career, which is where Doris Lessing now stands, the years of solid achievement command maximum respect. ­
A survey of critical responses to Lessing's books might reveal curious strata of social history. It is hard to remember now that she was once considered very daring and very militant (she insisted that relations between the sexes were difficult and unequal). She has been accused of being a feminist, and then accused by feminists of not being feminist enough. She has been a communist, but then moved on from a belief in simplistic political solutions to interest in deeper psychological change, touching on themes of madness and of mystical and extrasensory states of consciousness.
Lessing has written clearly into all her work the conviction that we are moving blindly and inevitably toward global catastrophe. Her message seems to be our complete moral and social bankruptcy, particularly in the relations between men and women. Hers is not an angry feminism, though her men are rather poor creatures compared to her bruised but gritty women. Anger may imply a hope that things could be better if only some sense could be knocked into somebody's head, a hope for a time after the revolution. One does not feel that Lessing sees any hope, only perpetual deadlock.
Certainly Lessing has earned the respect accorded to a writer of her stature and productivity. Doggedly she has been writing into her fiction signposts and warnings that we need desperately to be reminded of and writing in a way that has been more persuasive and imaginative than if she had been a pure polemicist. But the critic has the problem of distinguishing between what an author says and the way she says it. The moralist in Lessing, struggling with the very skilled writer, at times has made her writing prolix, clogged, slow - though in her latest novels she has successfully introduced a leavening of fantasy. The fact is that there are writers who in an economical page or two can make us feel our dilemmas more piercingly than she does in a leisurely fictional experience. Missing from her work is that sense of time and space gathered up for a moment between the hands, that sudden shift from understanding to seeing directly, that we expect at rare moments from our storytellers.
Q. The passage implies that the author views communism as an ideology that
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Sonia patil answered  •  Mar 17, 2024
Communism as an Ideology

Fails to Accommodate the Complexities of Society
- The passage suggests that Doris Lessing, who was once a communist, eventually moved on from simplistic political solutions towards a deeper understanding of psychological change.
- This implies that communism, as an ideology, may fall short in accommodating the complexities of society and
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Directions: The following question consists of two statements, one labelled as Assertion (A) and the other as Reason (R). You are to examine these two statements carefully and select the correct answer accordingly.
Assertion (A): Mental element is an essential element in most of the torts.
Reason (R): State of mind of the defendant is not relevant to ascertain his liability in all branches of law of torts.
  • a)
    Both (A) and (R) are true and (R) is the correct explanation of (A).
  • b)
    Both (A) and (R) are true, but (R) is not the correct explanation of (A).
  • c)
    Both (A) and (R) are true.
  • d)
    Both (A) and (R) are wrong.
Correct answer is option 'D'. Can you explain this answer?

Sonia patil answered  •  Mar 17, 2024


Explanation:

Assertion (A): Mental element is an essential element in most of the torts.
Reason (R): State of mind of the defendant is not relevant to ascertain his liability in all branches of law of torts.

The correct answer is option 'D', which states that both (A) and (R) are wrong. Let's break down the explanation:

Rele
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- In many torts, such as intentional torts like assault, battery, and defamation, the mental state of the defendant is crucial. For example, in cases of assault, the defendant must have intended to cause fear or apprehension in the victim.
- However, in some torts, such as strict liability torts or negligence, the mental element may not be necessary to establish liability. For instance, in cases of strict liability, the focus is on the act itself rather than the defendant's state of mind.

State of Mind in Tort Liability:
- While the mental element is important in certain torts, it is not always a determining factor in establishing liability. In negligence cases, for example, the focus is on the defendant's actions and whether they breached a duty of care owed to the plaintiff, rather than their specific state of mind.
- Therefore, the assertion that mental element is essential in most torts is not entirely accurate, as there are instances where liability can be established without proving the defendant's state of mind.

In conclusion, while mental element plays a significant role in many torts, it is not universally essential in all branches of tort law.

In an alloy, the ratio of copper and zinc is 5:2. If 1.250 kg of zinc is mixed in 17 kg 500 g of alloy, then the ratio of copper and zinc will be
  • a)
    2 : 1
  • b)
    2 : 3
  • c)
    3:2
  • d)
    1 : 2
Correct answer is option 'A'. Can you explain this answer?

Sonia patil answered  •  Mar 17, 2024


Given Data:
- Ratio of copper and zinc in the alloy = 5:2
- Weight of zinc = 1.250 kg
- Weight of alloy = 17 kg 500 g

Calculations:
1. Calculate the weight of copper in the alloy:
- Let the weight of copper in the alloy be C kg
- Total weight of alloy = Weight of copper + Weight of zinc
- 17.5 kg (weight of alloy) = C kg (weig
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Each group of question in this section is based on a set of conditions. Choose the response that most accurately and completely answer each question.
A panel reviews six contract bids- H, J, K, R, S, and T. No two bids have the same cost. Exactly one of the bids is accepted. The following conditions must hold:
1) The accepted bid is either K or R and is either the second or the third lowest in cost
2) H is lower in cost than each of J and K
3) If J is the fourth lowest in cost, than J is higher in cost than each of S and T
4) If J is not the fourth lowest in cost, than J is higher in cost than each of S and T
5) Either R or S is the fifth lowest in cost.
Q.
Which one of the following could be an accurate list of the bids in order from lowest to highest in cost?
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Sonia patil answered  •  Mar 17, 2024

Explanation:

Given Conditions:
- Accepted bid is either K or R and is the second or third lowest in cost.
- H is lower in cost than each of J and K.
- If J is the fourth lowest in cost, then J is higher in cost than S and T.
- If J is not the fourth lowest in cost, then J is higher in cost than S and T.
- Either R or S is the fifth lowest in
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Researchers compared the number of tooth fractures in present-day carnivores with tooth fractures in carnivores that lived 36,000 to 10,000 years ago and that were preserved in the Rancho La Brea tar pits in Los Angeles. The breakage frequencies in the extinct species were strikingly higher than those in the present-day species.
In considering possible explanations for this finding, the researchers dismissed demographic bias because older individuals were not overrepresented in the fossil samples. They rejected preservational bias because a total absence of breakage in two extinct species demonstrated that the fractures were not the result of abrasion within the pits. They ruled out local bias because breakage data obtained from other Pleistocene sites were similar to the La Brea data. The explanation they consider most plausible is behavioral differences between extinct and present-day carnivores—in particular, more contact between the teeth of predators and the bones of prey due to more thorough consumption of carcasses by the extinct species. Such thorough carcass consumption implies to the researchers either that prey availability was low, at least seasonally, or that there was intense competition over kills and a high rate of carcass theft due to relatively high predator densities.
Q. The passage suggests that if the researchers had not found that two extinct carnivore species were free of tooth breakage, the researchers would have concluded that
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Sonia patil answered  •  Mar 17, 2024

Explanation:

Preservational Bias:
- The researchers ruled out preservational bias because the absence of tooth breakage in two extinct species showed that the fractures were not caused by abrasion within the tar pits.

Other Pleistocene Sites Comparison:
- They also dismissed local bias by comparing breakage data from other Pleistocene site
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Sonia patil upvoted   •  Feb 02, 2024

Which of the following is not an equatorial crop?
  • a)
    Coconut
  • b)
    Rubber
  • c)
    Oil Palm
  • d)
    Banana
Correct answer is option 'D'. Can you explain this answer?

Eshaan Kapoor answered
Banana is not an equatorial crop. The major examples of Equatorial crops include Rubber, Cocoa, Pepper, Coconut, Oil palm, betel nut etc.

Which of the following is optical illusion?  
  • a)
    Rainbow  
  • b)
    Earthshine  
  • c)
    Halo
  • d)
    Mirage 
Correct answer is option 'D'. Can you explain this answer?

Sonia patil answered  •  Jan 11, 2024
Explanation:
A mirage is an optical illusion that occurs due to the bending of light rays. It is a phenomenon where distant objects appear to be shimmering, distorted, or displaced from their actual position. The correct answer is option 'D' because a mirage fits the description of an optical illusion.

Definition of a Mirage:
A mirage is a phenomenon that occurs
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Sonia patil asked   •  Dec 19, 2023

Theory of Unjust Enrichment was propounded by
  • a)
    Mansfield
  • b)
    Blackstone
  • c)
    Dr. Winfield
  • d)
    G.W.Paton
Correct answer is option 'A'. Can you explain this answer?

EduRev CLAT answered
The theory of unjust enrichment means that no one should be unjustly enriched at the expense of another. It also means that no person should take advantage of position of another person which causes some loss to one party and gain to another party.

Sonia patil asked   •  Nov 23, 2023

Democracy and Federalism are essential features of our Constitution and basic feature of its structure. This observation was made in S.R. Bommai vs. Union of India by the Judge.
  • a)
    Justice J.S. Verma
  • b)
    Justice P.B. Sawant
  • c)
    Justice S.R. Pandyan
  • d)
    Justice A.M. Ahmadi
Correct answer is option 'B'. Can you explain this answer?

Monika kumar answered
Answer:

Background:
The case of S.R. Bommai vs. Union of India is a landmark judgement delivered by the Supreme Court of India in 1994. It dealt with the issues related to the misuse of Article 356 of the Constitution, which gives the President the power to impose President's rule in a state. The judgement had important implications for democracy and federalism in Ind
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DIRECTIONS: Choose the best option.
Q. The Christmas tree was ……… with stars and other decorative items.
  • a)
    adorned
  • b)
    endowed
  • c)
    encased
  • d)
    enticed
Correct answer is option 'A'. Can you explain this answer?

Sonia patil answered  •  Nov 18, 2023
A. beautiful and decorated with lights and ornaments.
B. large and took up a lot of space in the living room.
C. purchased from a local tree farm.
D. a symbol of the holiday season.
Sonia patil asked   •  Oct 26, 2023

Which significant financial program saw an increase in the average spending of its account holders in the financial year 2022-23, as per the text?
  • a)
    Pradhan Mantri Jan-Dhan Yojana (PMJDY)
  • b)
    Swachh Bharat Abhiyan
  • c)
    Make in India
  • d)
    Digital India
Correct answer is option 'A'. Can you explain this answer?

Aim It Academy answered
The text mentions that SVANidhi loans to Pradhan Mantri Jan-Dhan Yojana (PMJDY) beneficiaries led to an increase in the average spending of its account holders in the financial year 2022-23. This illustrates the positive impact of the scheme on the spending habits of its beneficiaries.

Sonia patil asked   •  Sep 30, 2023

Directions: Read the following passage and answer the question.
What's life-sustaining becomes life-threatening when it gets contaminated and is transfused into an unsuspecting patient. Safe blood transfusion continues to be a major challenge for the healthcare sector in India. Back in 1996, the Supreme Court had told the Union Government to 'consider the advisability' of enacting a separate legislation for regulating the collection, processing, storage, distribution and transportation of blood and the operation of blood banks in the country. Consequently, the National Blood Transfusion Council was established, followed by the framing of the National Blood Policy.
The petitioners have red-flagged the mushrooming of stand-alone private blood banks which not only provide products of inconsistent quality but also fleece patients with impunity. Several blood banks in Punjab's Doaba region have been under scrutiny in recent years over quality control and pricing issues.
The petition has claimed that the number of registered and licensed blood banks in India is abysmally low — less than three per 10 lakh population. Ideally, every district hospital should have a blood bank. However, merely expanding the network of such storage centres is not enough to improve the state of affairs. It's imperative that each blood bank should have adequate infrastructure and trained manpower. The authorities ought to address the shortage of trained healthcare professionals in the field of transfusion medicine. Strict enforcement of the licensing norms can help to stem the rot. With precious lives at stake, unscrupulous elements cannot be allowed to bleed people dry.
Q. Which of the following describes an instance where receiving infected blood through transfusion was potentially fatal?
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Nilesh Patel answered
The definition of "life-threatening" is best exemplified by option 4. Option 1 only refers to "bacterial infection"; alternatives 2 and 3 give examples of situations in which tainted blood products were not the primary problem, but rather a shortage of blood and medical resources.

Sonia patil asked   •  Jul 21, 2023

How are the exam centers for the CLAT exam determined?

Harsh Iyer answered
How are the exam centers for the CLAT exam determined?

The Common Law Admission Test (CLAT) is a national level entrance exam conducted for admission into undergraduate and postgraduate law programs offered by various participating National Law Universities (NLUs) in India. The exam centers for CLAT are determined through a careful and systematic process. Let's delve into the det
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Sonia patil asked   •  Jul 10, 2023

Which country finished on top at the International Shooting Sport Federation Junior World Cup 2023?
  • a)
    Russia
  • b)
    China
  • c)
    India
  • d)
    United States
Correct answer is option 'C'. Can you explain this answer?

Eshaan Kapoor answered
India finished on top at the International Shooting Sport Federation Junior World Cup 2023, securing a total of 15 medals, including six gold, six silver, and three bronze medals. This achievement further solidifies India's dominance in the ISSF Junior World Cups and World Championships since 2019.

Sonia patil asked   •  Dec 29, 2022

Directions: Read the following passage and answer the question.
The National Green Tribunal's order on Friday in the Visakhapatnam gas tragedy found LG Polymers prima facie liable under the 19th century English law principle of "strict liability", which was made redundant in India by the Supreme Court in 1986. Lawyers say the term "absolute liability" should have been used instead.
Even though the NGT directed the company to deposit an initial amount of ₹50 crore and formed a fact-finding committee, its use of the term "strict liability" has been questioned. For, under the "strict liability principle", a party is not liable and need not pay compensation if a hazardous substance escapes his premises by accident or by an "act of God" among other circumstances.
The Supreme Court, while deciding the Oleum gas leak case of Delhi, found strict liability woefully inadequate to protect citizens' rights in an industrialised economy like India and replaced it with the 'absolute liability principle'.
The country was then reeling under the shock of the 1984 Bhopal gas tragedy. The court under then Chief Justice PN Bhagwati wanted corporations to be made fully liable for future "undeserved suffering of thousands of innocent citizens".
So, under the absolute liability principle, the apex court held that a company in a hazardous industry cannot claim any exemption. It has to mandatorily pay compensation, whether or not the disaster was caused by its negligence. The court said a hazardous enterprise has an "absolute non-delegable duty to the community".
"If any harm results on account of such activity, the enterprise must be absolutely liable to compensate for such harm irrespective of the fact that the enterprise had taken all reasonable care and that the harm occurred without any negligence on its part," Justice Bhagwati wrote.
"The court found that strict liability, evolved in an 1868 English case called Rylands versus Fletcher, provided companies with several exemptions from assuming liability. Absolute liability, on the other hand, provided them with no defence or exemptions. The principle of absolute liability is part of Article 21 (right to life)... The courts, to make the legal position clear, should use the term 'absolute liability' in orders and judgments," said senior advocate Sanjay Parikh.
The National Green Tribunal Act of 2010 has wholeheartedly adopted 'absolute liability'. Section 17 mandates that the Tribunal should apply the 'no-fault principle' even if the disaster caused is an accident.
"The NGT statute recognizes only absolute or no-fault liability. That is, a hazardous enterprise is liable even if the disaster is an accident and not caused by the negligence of the company. The Act of 2010 fully incorporated the principle of 1986 Oleum gas leak judgment," said environmental lawyer Ritwick Dutta.
Q. One man, Mr. X stored 20 gas cylinders in his factory for commercial purposes. He took all the necessary precautions and care which a prudent man of ordinary sense ought to take. One day, a fire broke out in the factory due to some accidental leakage. Four workers died and several workers were injured. Mr. X was charged for negligence. He claimed the exemption of 'Accident'. He took all the necessary precautions he could have foreseen. Is Mr. X liable?
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Aryan Khanna answered
This is the correct option for the given question.
The country was shocked by the 1984 Bhopal gas tragedy. The court wanted corporations to be made fully liable for future "undeserved suffering of thousands of innocent citizens". Thus, under the absolute liability principle, the apex court held that a company in a hazardous industry cannot claim any exemption. It has to mandatorily pay compensation, whether or not the disaster was caused by its negligence. The court said a hazardous enterprise has an "absolute non-delegable duty to the community". So, in this case Mr. X is liable to pay.

Sonia patil asked   •  Dec 10, 2022

Directions: Read the following passage and answer the question.
In Bhavnagar, a former princely state in Gujarat, I, Mohandas Gandhi, had a chat with Jayshankar Buch. During the chat he advised me to apply to the Junagadh State to give me a scholarship to proceed to London for continuing my studies, I being an inhabitant of Sorath, a district in Saurashtra. I do not perfectly remember the answer I made to him that day. I suppose I felt the impossibility of getting the scholarship. From that time onwards I had in my mind the intention of visiting the land. And I was finding the means to reach that end.
On 13th April, 1888, I left Bhavnagar to enjoy the vacation in Rajkot. After 15 days of vacation, my elder brother and I went to see Patwari. On our return my brother said: "We would go to see Mavji Joshi", a family friend and adviser of our family, and so we went. Mavji Joshi asked me as usual how I did, then put some questions about my study in Bhavnagar. I plainly told him that I had hardly any chance of passing my examination first year. I also added that I found the course very difficult. Hearing this, he advised my brother to send me as soon as possible to London for being called to the Bar. He said that the expense would be only Rs. 5,000. "Let him take some urad dal. There he will cook some food for himself and thereby there will be no objection about religion. Don't reveal the matter to anybody. Try to get some scholarship. Apply to Junagadh and Porbandar States. See my son Kevalram, the leading lawyer of Kathiwan, and if you fail in getting the pecuniary help and if you have no money, sell your furniture. But anyhow send Mohandas to London. I think that is the only means to keep the reputation of your deceased father." All of our family members have great faith in what Mavji Joshi says. And of my brother who is naturally very credulous made a promise to Mavji Joshi to send me to London. Now was the time for my exertions.
On that very day, my brother, notwithstanding his promise to keep the matter secret, told the thing to Khushalbhai, my cousin and father of Chhaganlal and Maganlal both of whom worked with him in South Africa. He, of course, approved of it in case I could observe my religion. The very day it was told to my cousin Meghjibhai. He quite agreed with the proposal and offered to give me Rs. 5,000. I had some faith in what he said.
Q. What could be the reason behind Mavji Joshi asking Gandhiji to take 'urad dal' to London?
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Anaya Patel answered
The passage states, 'Let him take some urad dal. There he will cook some food for himself and thereby there will be no objection about religion.' The words 'no objection about religion' indicate that Mavji Joshi wanted Gandhiji to remain true to his religion. So, option 1 is the correct answer.

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