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Assertion (A): The major advantage of an ombudsman is that he/she avoids the conflicts of interest inherent in self-policing.
Reason (R): Duties of an ombudsman are to investigate complaints and attempt to resolve them, usually through recommendations (binding or not) or mediation. (ADR A/R)- 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)A is correct, but R is incorrect.
- d)A is incorrect, but R is correct.
Correct answer is option 'B'. Can you explain this answer?
Assertion (A): The major advantage of an ombudsman is that he/she avoids the conflicts of interest inherent in self-policing.
Reason (R): Duties of an ombudsman are to investigate complaints and attempt to resolve them, usually through recommendations (binding or not) or mediation. (ADR A/R)
Reason (R): Duties of an ombudsman are to investigate complaints and attempt to resolve them, usually through recommendations (binding or not) or mediation. (ADR A/R)
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)
A is correct, but R is incorrect.
d)
A is incorrect, but R is correct.
|
Imk Pathsala answered |
Ombudsman is etymologically rooted in the word umboêsmaêr, essentially meaning ´representative'.
Whether appointed by a legislature, the executive, or an organization, the typical duties of an ombudsman are to investigate complaints and attempt to resolve them, usually through recommendations (binding or not) or mediation. The major advantage of an ombudsman is that he or she examines complaints from outside the offending state institution, thus avoiding the conflicts of interest inherent in self-policing.
Whether appointed by a legislature, the executive, or an organization, the typical duties of an ombudsman are to investigate complaints and attempt to resolve them, usually through recommendations (binding or not) or mediation. The major advantage of an ombudsman is that he or she examines complaints from outside the offending state institution, thus avoiding the conflicts of interest inherent in self-policing.
In which year were the provisions related to dual system of practitioners in the Bombay and Calcutta High Courts deleted?- a)1977
- b)1984
- c)1969
- d)1958
Correct answer is option 'A'. Can you explain this answer?
In which year were the provisions related to dual system of practitioners in the Bombay and Calcutta High Courts deleted?
a)
1977
b)
1984
c)
1969
d)
1958
|
Anagha Pillai answered |
Year of Deletion of Provisions Related to Dual System of Practitioners in Bombay and Calcutta High Courts
In the year 1977, the provisions related to the dual system of practitioners in the Bombay and Calcutta High Courts were deleted.
Background
Before the deletion of these provisions, the legal profession in India was divided into two categories - advocates and vakils. Advocates were trained in the English common law tradition and were entitled to practice in all the High Courts in India. On the other hand, vakils were trained in the Hindu and Muslim legal systems and were allowed to practice only in the Bombay and Calcutta High Courts.
Reasons for Deletion
The dual system of practitioners was seen as discriminatory and outdated. It was felt that the system perpetuated the divide between the English-educated and the Indian-educated lawyers. Moreover, the vakils were seen as inferior to the advocates, which caused resentment among the Indian legal community.
Therefore, in 1961, the Law Commission of India recommended the abolition of the dual system of practitioners. However, it was not until 1977 that the provisions related to the dual system were finally deleted.
Impact of Deletion
The deletion of the provisions related to the dual system of practitioners was a significant development in the history of the Indian legal profession. It helped to promote a more unified legal system in India and ended the discrimination against Indian-trained lawyers. Moreover, it paved the way for the emergence of a new generation of lawyers who were trained in both the English common law tradition and the Indian legal systems.
In conclusion, the deletion of the provisions related to the dual system of practitioners in the Bombay and Calcutta High Courts was an important step towards the modernization of the Indian legal profession.
In the year 1977, the provisions related to the dual system of practitioners in the Bombay and Calcutta High Courts were deleted.
Background
Before the deletion of these provisions, the legal profession in India was divided into two categories - advocates and vakils. Advocates were trained in the English common law tradition and were entitled to practice in all the High Courts in India. On the other hand, vakils were trained in the Hindu and Muslim legal systems and were allowed to practice only in the Bombay and Calcutta High Courts.
Reasons for Deletion
The dual system of practitioners was seen as discriminatory and outdated. It was felt that the system perpetuated the divide between the English-educated and the Indian-educated lawyers. Moreover, the vakils were seen as inferior to the advocates, which caused resentment among the Indian legal community.
Therefore, in 1961, the Law Commission of India recommended the abolition of the dual system of practitioners. However, it was not until 1977 that the provisions related to the dual system were finally deleted.
Impact of Deletion
The deletion of the provisions related to the dual system of practitioners was a significant development in the history of the Indian legal profession. It helped to promote a more unified legal system in India and ended the discrimination against Indian-trained lawyers. Moreover, it paved the way for the emergence of a new generation of lawyers who were trained in both the English common law tradition and the Indian legal systems.
In conclusion, the deletion of the provisions related to the dual system of practitioners in the Bombay and Calcutta High Courts was an important step towards the modernization of the Indian legal profession.
Directions: Read the following passage carefully:Arbitration has been the toast of the legal community for a long time. It has been long expected that arbitration will replace business litigation to a great extent one day. Lawyers have been encouraging parties to have an arbitration agreement in all their business transaction documents for more than two decades now. However, arbitration has not been proven to be effective too often.A lot of lawyers have begun to re-evaluate if they should put in those arbitration clauses blindly in the agreements they draft. Also, a lot of people who have already put in binding arbitration clauses in their agreements, are finding arbitration very difficult to navigate and too expensive when disputes actually arise.Even after 23 years since the introduction of Arbitration and Conciliation Act of 1996, arbitration seems to be slowly evolving and not really making a dent on pendency of litigation situation and more costly unlike litigation. The Act empowers the arbitrator to terminate the proceedings where without any sufficient cause, the claimant fails to communicate his statement of claim within the stipulated period. If the respondent fails to submit his statement of defence within the predetermined period, the arbitrator shall continue with the proceedings without treating such a failure in itself as an admission of claimant's allegations.Would it ever become the mature alternative that Indian businesses can safely rely on for reliable, fast, efficient and cost-effective dispute resolution, especially given the terrible state of civil justice?The BN Srikrishna Committee Report on Institutionalisation of Arbitration Mechanism in India states that a lack of governmental support to promote arbitration is also one of the reasons why arbitration has not become the most preferred way of resolution. The report goes on to suggest that there should be awareness programmes and training to make arbitration a more popular concept. However, such awareness campaigns are very unlikely to attract parties to arbitration given the way it functions at present.Quality of arbitration and arbitrators can often be suspect. The courts have settled the legal proposition that an arbitration agreement is not required to be in any particular form. Courts in India regularly interfere and do not respect party autonomy. The award is expected to be up for appeal or review in the higher courts and that really does not instill confidence in the parties involved in disputes. These factors are putting off parties from adopting arbitration. At present, it appears that only in a handful of matters involving very large claims, arbitration is still viable in India.Q. Chand was alleged by Suraj on the acquisition of his house in Delhi which was decided to be dealt under the Arbitration Act. The arbitrator asked Chand to submit his statement within a month. Chand failed to submit his statement within the stipulated time. The arbitrator terminated the proceedings on account that Chand failed to submit the statement. Is the termination valid?- a)No, the termination is not valid as the reason of unavailability of statement holds no ground of termination.
- b)Yes, the termination is valid as the statement of both the parties is needed for the proceedings.
- c)No, the termination is not valid as Suraj's (claimant) statement is enough to proceed.
- d)Yes, the termination is valid as the arbitrator can terminate the proceedings without any sufficient cause.
Correct answer is option 'C'. Can you explain this answer?
Directions: Read the following passage carefully:
Arbitration has been the toast of the legal community for a long time. It has been long expected that arbitration will replace business litigation to a great extent one day. Lawyers have been encouraging parties to have an arbitration agreement in all their business transaction documents for more than two decades now. However, arbitration has not been proven to be effective too often.
A lot of lawyers have begun to re-evaluate if they should put in those arbitration clauses blindly in the agreements they draft. Also, a lot of people who have already put in binding arbitration clauses in their agreements, are finding arbitration very difficult to navigate and too expensive when disputes actually arise.
Even after 23 years since the introduction of Arbitration and Conciliation Act of 1996, arbitration seems to be slowly evolving and not really making a dent on pendency of litigation situation and more costly unlike litigation. The Act empowers the arbitrator to terminate the proceedings where without any sufficient cause, the claimant fails to communicate his statement of claim within the stipulated period. If the respondent fails to submit his statement of defence within the predetermined period, the arbitrator shall continue with the proceedings without treating such a failure in itself as an admission of claimant's allegations.
Would it ever become the mature alternative that Indian businesses can safely rely on for reliable, fast, efficient and cost-effective dispute resolution, especially given the terrible state of civil justice?
The BN Srikrishna Committee Report on Institutionalisation of Arbitration Mechanism in India states that a lack of governmental support to promote arbitration is also one of the reasons why arbitration has not become the most preferred way of resolution. The report goes on to suggest that there should be awareness programmes and training to make arbitration a more popular concept. However, such awareness campaigns are very unlikely to attract parties to arbitration given the way it functions at present.
Quality of arbitration and arbitrators can often be suspect. The courts have settled the legal proposition that an arbitration agreement is not required to be in any particular form. Courts in India regularly interfere and do not respect party autonomy. The award is expected to be up for appeal or review in the higher courts and that really does not instill confidence in the parties involved in disputes. These factors are putting off parties from adopting arbitration. At present, it appears that only in a handful of matters involving very large claims, arbitration is still viable in India.
Q. Chand was alleged by Suraj on the acquisition of his house in Delhi which was decided to be dealt under the Arbitration Act. The arbitrator asked Chand to submit his statement within a month. Chand failed to submit his statement within the stipulated time. The arbitrator terminated the proceedings on account that Chand failed to submit the statement. Is the termination valid?
a)
No, the termination is not valid as the reason of unavailability of statement holds no ground of termination.
b)
Yes, the termination is valid as the statement of both the parties is needed for the proceedings.
c)
No, the termination is not valid as Suraj's (claimant) statement is enough to proceed.
d)
Yes, the termination is valid as the arbitrator can terminate the proceedings without any sufficient cause.
|
|
Simran Rane answered |
Explanation:
Statement of Claimant is Enough:
- In this scenario, the claimant Suraj alleged Q. Chand and initiated the arbitration process.
- The Arbitration Act requires the claimant to submit their statement of claim within a stipulated period.
- It is not mandatory for both parties to submit their statements for the proceedings to continue.
- The arbitrator can proceed with the proceedings based on the claimant's statement alone.
- Therefore, the termination of proceedings solely based on Q. Chand's failure to submit a statement is not valid as Suraj's statement is sufficient to proceed with the arbitration.
Statement of Claimant is Enough:
- In this scenario, the claimant Suraj alleged Q. Chand and initiated the arbitration process.
- The Arbitration Act requires the claimant to submit their statement of claim within a stipulated period.
- It is not mandatory for both parties to submit their statements for the proceedings to continue.
- The arbitrator can proceed with the proceedings based on the claimant's statement alone.
- Therefore, the termination of proceedings solely based on Q. Chand's failure to submit a statement is not valid as Suraj's statement is sufficient to proceed with the arbitration.
Assertion (A): Women in India today legally enjoy equal opportunities with men in all the fields.
Reason (R): The Constitution of India prohibits any kind of discrimination against women.- a)Both (A) and (R) are correct and (R) is the correct explanation of (A).
- b)Both (A) and (R) are correct, but (R) is not the correct explanation of (A).
- c)(A) is correct, but (R) is incorrect.
- d)(A) is incorrect, but (R) is correct.
Correct answer is option 'A'. Can you explain this answer?
Assertion (A): Women in India today legally enjoy equal opportunities with men in all the fields.
Reason (R): The Constitution of India prohibits any kind of discrimination against women.
Reason (R): The Constitution of India prohibits any kind of discrimination against women.
a)
Both (A) and (R) are correct and (R) is the correct explanation of (A).
b)
Both (A) and (R) are correct, but (R) is not the correct explanation of (A).
c)
(A) is correct, but (R) is incorrect.
d)
(A) is incorrect, but (R) is correct.
|
Rajat Iyer answered |
Assertion (A): Women in India today legally enjoy equal opportunities with men in all fields.
Reason (R): The Constitution of India prohibits any kind of discrimination against women.
The correct answer is option 'A', which states that both the assertion and the reason are correct, and the reason is the correct explanation of the assertion.
Explanation:
Equal opportunities for women in India:
- In recent years, there have been significant advancements in women's rights and opportunities in India.
- Women now have the legal right to participate in various fields, including education, employment, politics, and public life.
- The Indian government has implemented several policies and laws to promote gender equality and empower women economically, socially, and politically.
- Women have achieved remarkable success in various fields, breaking traditional gender roles and stereotypes.
The Constitution of India and women's rights:
- The Constitution of India, adopted in 1950, provides a strong foundation for gender equality and prohibits any kind of discrimination, including gender-based discrimination.
- Article 14 of the Indian Constitution guarantees equality before the law, ensuring that no person shall be discriminated against on grounds of sex.
- Article 15 prohibits discrimination on the basis of sex, and it empowers the state to make special provisions for women and children.
- Article 16 ensures equal opportunities for all citizens in matters of public employment and prohibits discrimination based on sex.
- Article 39(a) directs the state to ensure that men and women have equal access to means of livelihood and equal pay for equal work.
- The Constitution also provides for affirmative action through reservations for women in local government bodies (panchayats) and the reservation of seats for women in the Parliament and State Legislative Assemblies.
Explanation of why Reason (R) is the correct explanation of Assertion (A):
- The reason stated in (R) highlights that the Constitution of India prohibits any kind of discrimination against women.
- The legal framework provided by the Constitution ensures equal opportunities for women and prohibits any form of gender-based discrimination.
- The various articles mentioned above clearly establish the commitment of the Indian Constitution towards gender equality and women's rights.
- These constitutional provisions have played a significant role in promoting equal opportunities for women in India.
Conclusion:
In conclusion, Assertion (A) is correct as women in India today legally enjoy equal opportunities with men in all fields. Reason (R) is also correct as the Constitution of India prohibits any kind of discrimination against women, and it serves as the legal basis for ensuring gender equality. Therefore, option 'A' is the correct answer.
Reason (R): The Constitution of India prohibits any kind of discrimination against women.
The correct answer is option 'A', which states that both the assertion and the reason are correct, and the reason is the correct explanation of the assertion.
Explanation:
Equal opportunities for women in India:
- In recent years, there have been significant advancements in women's rights and opportunities in India.
- Women now have the legal right to participate in various fields, including education, employment, politics, and public life.
- The Indian government has implemented several policies and laws to promote gender equality and empower women economically, socially, and politically.
- Women have achieved remarkable success in various fields, breaking traditional gender roles and stereotypes.
The Constitution of India and women's rights:
- The Constitution of India, adopted in 1950, provides a strong foundation for gender equality and prohibits any kind of discrimination, including gender-based discrimination.
- Article 14 of the Indian Constitution guarantees equality before the law, ensuring that no person shall be discriminated against on grounds of sex.
- Article 15 prohibits discrimination on the basis of sex, and it empowers the state to make special provisions for women and children.
- Article 16 ensures equal opportunities for all citizens in matters of public employment and prohibits discrimination based on sex.
- Article 39(a) directs the state to ensure that men and women have equal access to means of livelihood and equal pay for equal work.
- The Constitution also provides for affirmative action through reservations for women in local government bodies (panchayats) and the reservation of seats for women in the Parliament and State Legislative Assemblies.
Explanation of why Reason (R) is the correct explanation of Assertion (A):
- The reason stated in (R) highlights that the Constitution of India prohibits any kind of discrimination against women.
- The legal framework provided by the Constitution ensures equal opportunities for women and prohibits any form of gender-based discrimination.
- The various articles mentioned above clearly establish the commitment of the Indian Constitution towards gender equality and women's rights.
- These constitutional provisions have played a significant role in promoting equal opportunities for women in India.
Conclusion:
In conclusion, Assertion (A) is correct as women in India today legally enjoy equal opportunities with men in all fields. Reason (R) is also correct as the Constitution of India prohibits any kind of discrimination against women, and it serves as the legal basis for ensuring gender equality. Therefore, option 'A' is the correct answer.
A contingent contract is a/an _________ contract.- a)valid
- b)void
- c)voidable
- d)illegal
Correct answer is option 'A'. Can you explain this answer?
A contingent contract is a/an _________ contract.
a)
valid
b)
void
c)
voidable
d)
illegal
|
Amita Das answered |
A contingent contract is legal and valid. A contingent contract depends upon the happening or non-happening of a certain event. It is valid and enforceable at law.
Which of the following classifications comes under the Criminal Procedure Code?- a)Cognizable and non-cognizable offences
- b)Bailable and non-bailable offences
- c)Summons cases and warrant cases
- d)All of the above
Correct answer is option 'D'. Can you explain this answer?
Which of the following classifications comes under the Criminal Procedure Code?
a)
Cognizable and non-cognizable offences
b)
Bailable and non-bailable offences
c)
Summons cases and warrant cases
d)
All of the above
|
|
Amita Das answered |
The Code of Criminal Procedure, commonly called Criminal Procedure Code (CrPC), is the main legislation on procedure for administration of substantive criminal law in India. Cognizable and non-cognizable offences, bailable and non-bailable offences, and summons cases and warrant cases are all classified under the code of criminal procedure. Various clauses of Section 2 of the Code define these classifications.
What distinction do senior advocates bear in their uniform?- a)Black gown
- b)Black coat
- c)Black gown with flaps
- d)None of the above
Correct answer is option 'C'. Can you explain this answer?
What distinction do senior advocates bear in their uniform?
a)
Black gown
b)
Black coat
c)
Black gown with flaps
d)
None of the above
|
Athul Chawla answered |
Senior advocates in India are distinguished by their uniform, which consists of a black gown with flaps. Let's understand the significance and details of this uniform.
The uniform of senior advocates is an important symbol in the legal profession, representing their elevated status and expertise. It is worn during court proceedings and other official functions. The uniform is designed to convey a sense of dignity, professionalism, and tradition.
Here is a detailed explanation of the components of the uniform:
1. Black Gown: The black gown is the primary component of the uniform. It is typically made of wool and has a loose-fitting design that reaches down to the knees. The black color signifies solemnity and seriousness, highlighting the gravity of the legal profession.
2. Flaps: The gown worn by senior advocates is distinguished by the presence of flaps. These flaps are rectangular pieces of cloth attached to the front of the gown, which extend from the shoulders to the waist. The flaps are made of the same material as the gown and are also black in color.
3. White Bands: Along with the gown and flaps, senior advocates also wear white bands around their collars. These bands are made of white cotton fabric and are worn to denote seniority and distinction. The white color represents purity and righteousness, emphasizing the ethical and moral responsibilities of senior advocates.
4. Court Badge: In addition to the gown, flaps, and white bands, senior advocates also wear a court badge. The court badge is a circular emblem worn on the left side of the chest. It typically displays the emblem of the respective court or bar association to which the senior advocate belongs.
The uniform of senior advocates is an essential aspect of the legal profession in India. It symbolizes their experience, expertise, and reputation. By wearing this uniform, senior advocates not only adhere to the traditions of the legal profession but also convey their professional standing and commitment to justice.
In conclusion, the correct answer is option 'C' - Senior advocates wear a black gown with flaps as part of their uniform.
The uniform of senior advocates is an important symbol in the legal profession, representing their elevated status and expertise. It is worn during court proceedings and other official functions. The uniform is designed to convey a sense of dignity, professionalism, and tradition.
Here is a detailed explanation of the components of the uniform:
1. Black Gown: The black gown is the primary component of the uniform. It is typically made of wool and has a loose-fitting design that reaches down to the knees. The black color signifies solemnity and seriousness, highlighting the gravity of the legal profession.
2. Flaps: The gown worn by senior advocates is distinguished by the presence of flaps. These flaps are rectangular pieces of cloth attached to the front of the gown, which extend from the shoulders to the waist. The flaps are made of the same material as the gown and are also black in color.
3. White Bands: Along with the gown and flaps, senior advocates also wear white bands around their collars. These bands are made of white cotton fabric and are worn to denote seniority and distinction. The white color represents purity and righteousness, emphasizing the ethical and moral responsibilities of senior advocates.
4. Court Badge: In addition to the gown, flaps, and white bands, senior advocates also wear a court badge. The court badge is a circular emblem worn on the left side of the chest. It typically displays the emblem of the respective court or bar association to which the senior advocate belongs.
The uniform of senior advocates is an essential aspect of the legal profession in India. It symbolizes their experience, expertise, and reputation. By wearing this uniform, senior advocates not only adhere to the traditions of the legal profession but also convey their professional standing and commitment to justice.
In conclusion, the correct answer is option 'C' - Senior advocates wear a black gown with flaps as part of their uniform.
Directions: Read the following information carefully and choose the best conclusion from the options.Article 21 lays down that no person shall be deprived of his life or personal liberty except according to the procedure established by law. The procedure required by Article 21 is to be fulfilled before a person is deprived of his life and personal liberty.- a)There must be a valid law that provides a procedure.
- b)The procedure must be fair, just and reasonable.
- c)The law must satisfy the requirements of Articles 14 and 19 and it must be reasonable and conform to natural justice.
- d)All of the above
Correct answer is option 'D'. Can you explain this answer?
Directions: Read the following information carefully and choose the best conclusion from the options.
Article 21 lays down that no person shall be deprived of his life or personal liberty except according to the procedure established by law. The procedure required by Article 21 is to be fulfilled before a person is deprived of his life and personal liberty.
a)
There must be a valid law that provides a procedure.
b)
The procedure must be fair, just and reasonable.
c)
The law must satisfy the requirements of Articles 14 and 19 and it must be reasonable and conform to natural justice.
d)
All of the above
|
|
Anjali Sharma answered |
Meaning of procedure established by law grew slowly by Supreme Court, specially in the interpretation of Article 21. With the observation of Maneka Gandhi v. Union of India 1978, Kartar Singh v. State of Punjab 1994, Jolly George Varghese v. Bank of Cochin 1980, Francis Coralie v. Delhi 1981, etc. cases, now it is established that for the deprivation of a person's life and personal liberty, Article 21 is required to fulfil all the mentioned conditions.
Regard being had to the provisions of the Transfer of Property Act, which of the following statements is NOT correct?- a)A transfer of property may be made without writing in every case in which a writing is not expressly required by law.
- b)A property can be transferred directly to an unborn person.
- c)He who accepts a benefit under a deed must adopt the whole contents of the instrument, conforming to all its provisions and renouncing every right inconsistent with it.
- d)None of these
Correct answer is option 'B'. Can you explain this answer?
Regard being had to the provisions of the Transfer of Property Act, which of the following statements is NOT correct?
a)
A transfer of property may be made without writing in every case in which a writing is not expressly required by law.
b)
A property can be transferred directly to an unborn person.
c)
He who accepts a benefit under a deed must adopt the whole contents of the instrument, conforming to all its provisions and renouncing every right inconsistent with it.
d)
None of these
|
|
Amita Das answered |
Options 1 and 3 are correct. However, Section 13 makes provision for transfer for benefit of unborn person. Thus, in the context of the question, the statement given in option 2 is incorrect as a direct transfer cannot be made to an unborn person.
Therefore, as per the question, option 2 is the correct answer.
Therefore, as per the question, option 2 is the correct answer.
Which of the following statements is not correct in context of the Transfer of Property Act?- a)It is the act by which a living person conveys property.
- b)He conveys property in present or in future.
- c)He conveys property to one or more other living persons.
- d)He cannot transfer property to himself and one or more other living persons.
Correct answer is option 'D'. Can you explain this answer?
Which of the following statements is not correct in context of the Transfer of Property Act?
a)
It is the act by which a living person conveys property.
b)
He conveys property in present or in future.
c)
He conveys property to one or more other living persons.
d)
He cannot transfer property to himself and one or more other living persons.
|
|
Amita Das answered |
As per Section 5 of the Transfer of Property Act, 'transfer of property' means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself and one or more other living persons; and "to transfer property" is to perform such act.
Hence, the statement contained in option 4 is not correct. So, as per the question, option 4 is the correct answer.
Hence, the statement contained in option 4 is not correct. So, as per the question, option 4 is the correct answer.
'You must not use a steam hammer to crack a nut if a nut cracker would do.' This statement refers to which doctrine of Administrative Law?- a)Doctrine of Legitimate Expectation
- b)Doctrine of Proportionality
- c)Doctrine of Separation of powers
- d)Doctrine of Governmental liability
Correct answer is option 'B'. Can you explain this answer?
'You must not use a steam hammer to crack a nut if a nut cracker would do.' This statement refers to which doctrine of Administrative Law?
a)
Doctrine of Legitimate Expectation
b)
Doctrine of Proportionality
c)
Doctrine of Separation of powers
d)
Doctrine of Governmental liability
|
|
Athul Choudhary answered |
Explanation:
The statement "You must not use a steam hammer to crack a nut if a nut cracker would do" refers to the doctrine of proportionality in Administrative Law.
Doctrine of Proportionality:
The doctrine of proportionality is a fundamental principle of Administrative Law that requires the exercise of governmental power to be proportionate to the objective it seeks to achieve. It ensures that the means used by the government to achieve its objectives are not excessive or disproportionate.
Application to the Statement:
The statement suggests that using a steam hammer (a heavy and powerful tool) to crack a nut (a small and delicate object) is excessive and disproportionate. Instead, a nut cracker (a tool specifically designed for cracking nuts) would be more appropriate and proportionate.
Importance of Proportionality Doctrine:
The doctrine of proportionality serves as a safeguard against arbitrary and excessive exercise of governmental power. It ensures that the government uses the least intrusive means necessary to achieve its objectives, without unnecessarily infringing on individual rights or imposing burdens that are disproportionate to the benefits sought.
Examples in Administrative Law:
The doctrine of proportionality is commonly applied in various areas of Administrative Law, such as:
1. Human Rights: It is used to determine if a government action infringes on fundamental rights in a proportionate manner. For example, a restriction on freedom of speech must be proportionate to the legitimate aim of protecting public order.
2. Regulatory Measures: It is applied to assess the reasonableness of administrative regulations. For instance, a regulatory measure that imposes excessive burdens on businesses without a justified purpose may be deemed disproportionate.
3. Judicial Review: It is used by courts to assess the proportionality of administrative decisions. If a decision is found to be disproportionate, it may be overturned or modified.
Conclusion:
In summary, the statement "You must not use a steam hammer to crack a nut if a nut cracker would do" refers to the doctrine of proportionality in Administrative Law. This doctrine ensures that the government's exercise of power is proportionate to its objectives and prevents excessive or disproportionate actions. It is an important principle that safeguards individual rights and promotes fair and reasonable administrative decision-making.
The statement "You must not use a steam hammer to crack a nut if a nut cracker would do" refers to the doctrine of proportionality in Administrative Law.
Doctrine of Proportionality:
The doctrine of proportionality is a fundamental principle of Administrative Law that requires the exercise of governmental power to be proportionate to the objective it seeks to achieve. It ensures that the means used by the government to achieve its objectives are not excessive or disproportionate.
Application to the Statement:
The statement suggests that using a steam hammer (a heavy and powerful tool) to crack a nut (a small and delicate object) is excessive and disproportionate. Instead, a nut cracker (a tool specifically designed for cracking nuts) would be more appropriate and proportionate.
Importance of Proportionality Doctrine:
The doctrine of proportionality serves as a safeguard against arbitrary and excessive exercise of governmental power. It ensures that the government uses the least intrusive means necessary to achieve its objectives, without unnecessarily infringing on individual rights or imposing burdens that are disproportionate to the benefits sought.
Examples in Administrative Law:
The doctrine of proportionality is commonly applied in various areas of Administrative Law, such as:
1. Human Rights: It is used to determine if a government action infringes on fundamental rights in a proportionate manner. For example, a restriction on freedom of speech must be proportionate to the legitimate aim of protecting public order.
2. Regulatory Measures: It is applied to assess the reasonableness of administrative regulations. For instance, a regulatory measure that imposes excessive burdens on businesses without a justified purpose may be deemed disproportionate.
3. Judicial Review: It is used by courts to assess the proportionality of administrative decisions. If a decision is found to be disproportionate, it may be overturned or modified.
Conclusion:
In summary, the statement "You must not use a steam hammer to crack a nut if a nut cracker would do" refers to the doctrine of proportionality in Administrative Law. This doctrine ensures that the government's exercise of power is proportionate to its objectives and prevents excessive or disproportionate actions. It is an important principle that safeguards individual rights and promotes fair and reasonable administrative decision-making.
Directions: Read the following passage carefully:The Indian Contract Act, 1872 is a legislation governing the contractual relationship between two or more parties - individuals, companies, governments. It deals with all aspects of contracts, such as formation, performance, enforceability of contracts, indemnities and guarantees, bailment and pledge and agency, among others. A contract brought as a result of coercion, undue influence, fraud or misrepresentation would be voidable at the option of the person whose consent was caused.Although one of the oldest laws in India, legal experts note that the Indian Contract Act's relevance has grown manifold in the current business environment with significant increase in the number of contracts being entered into between various parties, and the resultant disputes. Over the last one year or so, there has been an effort to step up corporate governance across boards through new company law provisions, and updating Securities and Exchange Board of India's (SEBI's) listing agreement for companies.Many legal experts feel that the time has come to take a hard look at the Indian Contract Act to bring it in sync with the changing business environment."Good corporate governance demands well-defined and executed contracts, where the Indian Contract Act plays a crucial role," said Ramesh Vaidyanathan, managing partner, Advaya Legal.Most legal experts say the Indian Contract Act is a relevant and comprehensive piece of legislation. The concepts under the contract law are based on the contract law of the United Kingdom. However, the Act contains certain provisions which are different.As per Section 4 of the Indian Contract Act, 1872, the communication of an acceptance is complete as against the acceptor when it comes to the knowledge of the proposer. An acceptance may be revoked at any time before the communication of the acceptance is complete as against the acceptor, but not afterwards.Section 9 of the Indian Contract Act, 1872 contemplates implied contracts when it lays down that in so far as such proposal or acceptance is made otherwise than in words, the promise is said to be implied.Section 73 of the Indian Contract Act provides for compensation for loss or damage caused by breach of contract, naturally arising in the usual course of things from such breach. However, remote and indirect loss or damage sustained by reason of the breach is not provided under the contract law.Under the Indian Contract Act, a contract without consideration is void subject to certain exceptions provided in Section 25 of the Act, such as love and affection u/s 25(1), compensation for voluntary services u/s 25(2), etc. However, the English law recognises contracts without consideration in some cases.Q. A coolie in uniform picks up the luggage of S to be carried out of the railway station without being asked by A, and S does not stop him as well. Examine whether the coolie is entitled to receive money from S under the Indian Contract Act, 1872.- a)No, the coolie is not entitled to receive money because S never asked him to pick up the luggage.
- b)Yes, the coolie is entitled because S let the coolie to pick up the luggage and never denied his service.
- c)No, the coolie is not entitled it was the free will of the coolie and there is no provision under Indian Contract Act, 1872 to receive the money on work done by free will.
- d)Yes, the coolie is entitled because as per the Indian Contract Act, 1872, law entitles him to receive money even if the passenger denies to avail the service.
Correct answer is option 'B'. Can you explain this answer?
Directions: Read the following passage carefully:
The Indian Contract Act, 1872 is a legislation governing the contractual relationship between two or more parties - individuals, companies, governments. It deals with all aspects of contracts, such as formation, performance, enforceability of contracts, indemnities and guarantees, bailment and pledge and agency, among others. A contract brought as a result of coercion, undue influence, fraud or misrepresentation would be voidable at the option of the person whose consent was caused.
Although one of the oldest laws in India, legal experts note that the Indian Contract Act's relevance has grown manifold in the current business environment with significant increase in the number of contracts being entered into between various parties, and the resultant disputes. Over the last one year or so, there has been an effort to step up corporate governance across boards through new company law provisions, and updating Securities and Exchange Board of India's (SEBI's) listing agreement for companies.
Many legal experts feel that the time has come to take a hard look at the Indian Contract Act to bring it in sync with the changing business environment.
"Good corporate governance demands well-defined and executed contracts, where the Indian Contract Act plays a crucial role," said Ramesh Vaidyanathan, managing partner, Advaya Legal.
Most legal experts say the Indian Contract Act is a relevant and comprehensive piece of legislation. The concepts under the contract law are based on the contract law of the United Kingdom. However, the Act contains certain provisions which are different.
As per Section 4 of the Indian Contract Act, 1872, the communication of an acceptance is complete as against the acceptor when it comes to the knowledge of the proposer. An acceptance may be revoked at any time before the communication of the acceptance is complete as against the acceptor, but not afterwards.
Section 9 of the Indian Contract Act, 1872 contemplates implied contracts when it lays down that in so far as such proposal or acceptance is made otherwise than in words, the promise is said to be implied.
Section 73 of the Indian Contract Act provides for compensation for loss or damage caused by breach of contract, naturally arising in the usual course of things from such breach. However, remote and indirect loss or damage sustained by reason of the breach is not provided under the contract law.
Under the Indian Contract Act, a contract without consideration is void subject to certain exceptions provided in Section 25 of the Act, such as love and affection u/s 25(1), compensation for voluntary services u/s 25(2), etc. However, the English law recognises contracts without consideration in some cases.
Q. A coolie in uniform picks up the luggage of S to be carried out of the railway station without being asked by A, and S does not stop him as well. Examine whether the coolie is entitled to receive money from S under the Indian Contract Act, 1872.
a)
No, the coolie is not entitled to receive money because S never asked him to pick up the luggage.
b)
Yes, the coolie is entitled because S let the coolie to pick up the luggage and never denied his service.
c)
No, the coolie is not entitled it was the free will of the coolie and there is no provision under Indian Contract Act, 1872 to receive the money on work done by free will.
d)
Yes, the coolie is entitled because as per the Indian Contract Act, 1872, law entitles him to receive money even if the passenger denies to avail the service.
|
|
Anjali Sharma answered |
Implied contracts come into existence by implication. Most often the implication is by law and or by action. Section 9 of the Indian Contract Act, 1872 contemplates such implied contracts when it lays down that in so far as such proposal or acceptance is made otherwise than in words, the promise is said to be implied.
In the present case, it is an implied contract and S must pay for the services of the coolie.
In the present case, it is an implied contract and S must pay for the services of the coolie.
Indian Constitution empowers the Supreme Court to frame its rules for regulating the practice and procedure of the court. Which article of the constitution provides for the same?- a)Article 146
- b)Article 145
- c)Article 148
- d)Article 147
Correct answer is option 'B'. Can you explain this answer?
Indian Constitution empowers the Supreme Court to frame its rules for regulating the practice and procedure of the court. Which article of the constitution provides for the same?
a)
Article 146
b)
Article 145
c)
Article 148
d)
Article 147
|
|
Amita Das answered |
The Constitution of India under Article 145 empowers the Supreme Court to frame its own rules for regulating the practice and procedure of the court as and when required (with the approval of the President of India).
On what ground(s) can the National Commission for Minorities refuse to admit a complaint?- a)If they are not directly addressed to the commission
- b)If it is pending before another court
- c)If the matter is more than one year old
- d)All the above
Correct answer is option 'D'. Can you explain this answer?
On what ground(s) can the National Commission for Minorities refuse to admit a complaint?
a)
If they are not directly addressed to the commission
b)
If it is pending before another court
c)
If the matter is more than one year old
d)
All the above
|
|
Anjali Sharma answered |
The Union Government set up the National Commission for Minorities under the National Commission for Minorities Act, 1992. The National Commission for Minorities is vested with powers of a civil court. There are many grounds on which the Commission typically declines admitting the complaint. Firstly, it does not entertain or admit cases or complaints that do not relate to Minority status or rights. Secondly, the complaint should not be pending before another court or commission, i.e., matters that are sub judice. Thirdly, where the complainant has not availed of other ordinary judicial/quasi-judicial/administrative institutions that are available for redressal, the Commission does not admit such matters unless the complainant has reasonable justification. Fourthly, the complaint should not relate to events that are more than one-year old. Fifthly, the complaint should not be vague, anonymous, pseudonymous or frivolous. Lastly, the Commission does not entertain complaints that are not directly addressed to it.
There were three processes whereby the developing civilization progressively moved towards social engineering through free legal aid. Point the odd one out.- a)to grant aid to vulnerable community
- b)to encourage pleaders to provide free legal aid
- c)to put restrictions on the privileges of the affluent
- d)to place the strong and the weak on the same footing
Correct answer is option 'B'. Can you explain this answer?
There were three processes whereby the developing civilization progressively moved towards social engineering through free legal aid. Point the odd one out.
a)
to grant aid to vulnerable community
b)
to encourage pleaders to provide free legal aid
c)
to put restrictions on the privileges of the affluent
d)
to place the strong and the weak on the same footing
|
Gayatri Yadav answered |
Granting Aid to Vulnerable Community
- This process involves providing free legal aid to vulnerable communities who may not have the financial means to access legal services. It aims to ensure that everyone has equal access to justice, regardless of their economic status.
Putting Restrictions on the Privileges of the Affluent
- This process focuses on limiting the privileges of the affluent in order to create a more equal society. By placing restrictions on the privileges of the wealthy, it aims to level the playing field and prevent inequalities in access to legal services.
Placing the Strong and the Weak on the Same Footing
- This process involves ensuring that both the strong and the weak have equal access to legal aid and are treated fairly in the legal system. It aims to create a more just society where everyone is equal before the law.
Encouraging Pleaders to Provide Free Legal Aid
- This process stands out as the odd one out because it focuses on encouraging individual pleaders to voluntarily provide free legal aid, rather than implementing systemic changes to address inequalities in access to legal services. While encouraging pleaders to offer free legal aid is a positive initiative, it does not address the underlying issues of systemic inequality in the legal system.
Directions: Read the following passage carefully:Arbitration has been the toast of the legal community for a long time. It has been long expected that arbitration will replace business litigation to a great extent one day. Lawyers have been encouraging parties to have an arbitration agreement in all their business transaction documents for more than two decades now. However, arbitration has not been proven to be effective too often.A lot of lawyers have begun to re-evaluate if they should put in those arbitration clauses blindly in the agreements they draft. Also, a lot of people who have already put in binding arbitration clauses in their agreements, are finding arbitration very difficult to navigate and too expensive when disputes actually arise.Even after 23 years since the introduction of Arbitration and Conciliation Act of 1996, arbitration seems to be slowly evolving and not really making a dent on pendency of litigation situation and more costly unlike litigation. The Act empowers the arbitrator to terminate the proceedings where without any sufficient cause, the claimant fails to communicate his statement of claim within the stipulated period. If the respondent fails to submit his statement of defence within the predetermined period, the arbitrator shall continue with the proceedings without treating such a failure in itself as an admission of claimant's allegations.Would it ever become the mature alternative that Indian businesses can safely rely on for reliable, fast, efficient and cost-effective dispute resolution, especially given the terrible state of civil justice?The BN Srikrishna Committee Report on Institutionalisation of Arbitration Mechanism in India states that a lack of governmental support to promote arbitration is also one of the reasons why arbitration has not become the most preferred way of resolution. The report goes on to suggest that there should be awareness programmes and training to make arbitration a more popular concept. However, such awareness campaigns are very unlikely to attract parties to arbitration given the way it functions at present.Quality of arbitration and arbitrators can often be suspect. The courts have settled the legal proposition that an arbitration agreement is not required to be in any particular form. Courts in India regularly interfere and do not respect party autonomy. The award is expected to be up for appeal or review in the higher courts and that really does not instill confidence in the parties involved in disputes. These factors are putting off parties from adopting arbitration. At present, it appears that only in a handful of matters involving very large claims, arbitration is still viable in India.Q. Rama and Bose agreed to an arbitration trial. On conclusion of the arbitration trial, Rama was awarded to indemnify Bose with Rs. 50,000 by the end of February 2020. During February 2020, Rama refused to pay Bose the said amount. Rama in defence said that the arbitration agreement was not in written form and hence doesn't bind him to indemnify Bose. Is the plea by Rama valid?- a)Yes, the plea by Rama is valid as the statement in written is required by the Act.
- b)No, the plea by Rama is not valid as the Act doesn't mandate any particular form of agreement.
- c)No, the plea is not valid as Rama gave the plea month after the arbitration judgement.
- d)None of the above
Correct answer is option 'B'. Can you explain this answer?
Directions: Read the following passage carefully:
Arbitration has been the toast of the legal community for a long time. It has been long expected that arbitration will replace business litigation to a great extent one day. Lawyers have been encouraging parties to have an arbitration agreement in all their business transaction documents for more than two decades now. However, arbitration has not been proven to be effective too often.
A lot of lawyers have begun to re-evaluate if they should put in those arbitration clauses blindly in the agreements they draft. Also, a lot of people who have already put in binding arbitration clauses in their agreements, are finding arbitration very difficult to navigate and too expensive when disputes actually arise.
Even after 23 years since the introduction of Arbitration and Conciliation Act of 1996, arbitration seems to be slowly evolving and not really making a dent on pendency of litigation situation and more costly unlike litigation. The Act empowers the arbitrator to terminate the proceedings where without any sufficient cause, the claimant fails to communicate his statement of claim within the stipulated period. If the respondent fails to submit his statement of defence within the predetermined period, the arbitrator shall continue with the proceedings without treating such a failure in itself as an admission of claimant's allegations.
Would it ever become the mature alternative that Indian businesses can safely rely on for reliable, fast, efficient and cost-effective dispute resolution, especially given the terrible state of civil justice?
The BN Srikrishna Committee Report on Institutionalisation of Arbitration Mechanism in India states that a lack of governmental support to promote arbitration is also one of the reasons why arbitration has not become the most preferred way of resolution. The report goes on to suggest that there should be awareness programmes and training to make arbitration a more popular concept. However, such awareness campaigns are very unlikely to attract parties to arbitration given the way it functions at present.
Quality of arbitration and arbitrators can often be suspect. The courts have settled the legal proposition that an arbitration agreement is not required to be in any particular form. Courts in India regularly interfere and do not respect party autonomy. The award is expected to be up for appeal or review in the higher courts and that really does not instill confidence in the parties involved in disputes. These factors are putting off parties from adopting arbitration. At present, it appears that only in a handful of matters involving very large claims, arbitration is still viable in India.
Q. Rama and Bose agreed to an arbitration trial. On conclusion of the arbitration trial, Rama was awarded to indemnify Bose with Rs. 50,000 by the end of February 2020. During February 2020, Rama refused to pay Bose the said amount. Rama in defence said that the arbitration agreement was not in written form and hence doesn't bind him to indemnify Bose. Is the plea by Rama valid?
a)
Yes, the plea by Rama is valid as the statement in written is required by the Act.
b)
No, the plea by Rama is not valid as the Act doesn't mandate any particular form of agreement.
c)
No, the plea is not valid as Rama gave the plea month after the arbitration judgement.
d)
None of the above
|
|
Anjali Sharma answered |
No, the plea by Rama is not valid as the Act doesn't mandate any particular form of agreement.
The courts have settled the legal proposition that an arbitration agreement is not required to be in any particular form.
The courts have settled the legal proposition that an arbitration agreement is not required to be in any particular form.
The functions of a State Council include:
A. Organising legal aid
B. Regulating the content and syllabus of the law degree
C. Determining the cases of misconduct against advocates- a)Both A and B
- b)Both B and C
- c)Both A and C
- d)Only A
Correct answer is option 'C'. Can you explain this answer?
The functions of a State Council include:
A. Organising legal aid
B. Regulating the content and syllabus of the law degree
C. Determining the cases of misconduct against advocates
A. Organising legal aid
B. Regulating the content and syllabus of the law degree
C. Determining the cases of misconduct against advocates
a)
Both A and B
b)
Both B and C
c)
Both A and C
d)
Only A
|
|
Amita Das answered |
The Advocates Act has created a State Bar Council in each state. The functions of the State Council include admitting law students on its roll, determining cases of misconduct against advocates, and organising legal aid.
The regulation of the syllabus and content of the law degree comes under the Bar Council of India.
The regulation of the syllabus and content of the law degree comes under the Bar Council of India.
In the Vedic age in India, which of the following specialised tribunals dealt with disputes related to castes?- a)Shreni
- b)Kula
- c)Puga
- d)None of the above
Correct answer is option 'B'. Can you explain this answer?
In the Vedic age in India, which of the following specialised tribunals dealt with disputes related to castes?
a)
Shreni
b)
Kula
c)
Puga
d)
None of the above
|
Swara Patel answered |
The correct answer is option 'B' - Kul.
In the Vedic age in India, the society was divided into different castes or varnas. These castes were determined based on a person's occupation and social status. Each caste had its own set of rights, privileges, and responsibilities, and disputes arising within these castes were dealt with by specialized tribunals known as 'Kul'.
Explanation:
1. Vedic Age in India:
- The Vedic age in India refers to the period between 1500 BCE and 600 BCE, during which the Vedas, the oldest sacred texts of Hinduism, were composed.
- This period is characterized by the dominance of the Indo-Aryans, who migrated into the Indian subcontinent and settled primarily in the northern region.
- The society during this age was organized into different castes or varnas, namely Brahmins (priests and scholars), Kshatriyas (warriors and rulers), Vaishyas (merchants and farmers), and Shudras (laborers and servants).
2. Disputes related to Castes:
- The caste system played a significant role in the social structure of ancient India, and disputes related to castes were not uncommon.
- These disputes could arise due to various reasons, such as inter-caste marriages, inheritance issues, social status, or violations of caste rules and regulations.
- To handle such disputes, specialized tribunals called 'Kul' were established.
3. Kul:
- The term 'Kul' refers to the specialized tribunals that dealt with disputes related to castes during the Vedic age.
- Each caste had its own Kul, which functioned as a council or court for resolving caste-related conflicts.
- The members of the Kul were usually the respected elders and leaders of the particular caste, who had the authority to make decisions and settle disputes.
- The decisions made by the Kul were binding and were based on the customs, traditions, and rules specific to that particular caste.
In conclusion, during the Vedic age in India, specialized tribunals known as 'Kul' were responsible for dealing with disputes related to castes. These tribunals played a crucial role in maintaining social order and resolving conflicts within the caste system.
In the Vedic age in India, the society was divided into different castes or varnas. These castes were determined based on a person's occupation and social status. Each caste had its own set of rights, privileges, and responsibilities, and disputes arising within these castes were dealt with by specialized tribunals known as 'Kul'.
Explanation:
1. Vedic Age in India:
- The Vedic age in India refers to the period between 1500 BCE and 600 BCE, during which the Vedas, the oldest sacred texts of Hinduism, were composed.
- This period is characterized by the dominance of the Indo-Aryans, who migrated into the Indian subcontinent and settled primarily in the northern region.
- The society during this age was organized into different castes or varnas, namely Brahmins (priests and scholars), Kshatriyas (warriors and rulers), Vaishyas (merchants and farmers), and Shudras (laborers and servants).
2. Disputes related to Castes:
- The caste system played a significant role in the social structure of ancient India, and disputes related to castes were not uncommon.
- These disputes could arise due to various reasons, such as inter-caste marriages, inheritance issues, social status, or violations of caste rules and regulations.
- To handle such disputes, specialized tribunals called 'Kul' were established.
3. Kul:
- The term 'Kul' refers to the specialized tribunals that dealt with disputes related to castes during the Vedic age.
- Each caste had its own Kul, which functioned as a council or court for resolving caste-related conflicts.
- The members of the Kul were usually the respected elders and leaders of the particular caste, who had the authority to make decisions and settle disputes.
- The decisions made by the Kul were binding and were based on the customs, traditions, and rules specific to that particular caste.
In conclusion, during the Vedic age in India, specialized tribunals known as 'Kul' were responsible for dealing with disputes related to castes. These tribunals played a crucial role in maintaining social order and resolving conflicts within the caste system.
Directions: Arrange the following commissions in the chronological order of establishment.
i. National Commission for SC/ST
ii. National Commission for Human Rights
iii. National Commission for Women
iv. National Commission for Scheduled Castes- a)i, iii, ii, iv
- b)i, iv, ii, iii
- c)i, ii, iv, iii
- d)iv, i, iii, ii
Correct answer is option 'A'. Can you explain this answer?
Directions: Arrange the following commissions in the chronological order of establishment.
i. National Commission for SC/ST
ii. National Commission for Human Rights
iii. National Commission for Women
iv. National Commission for Scheduled Castes
i. National Commission for SC/ST
ii. National Commission for Human Rights
iii. National Commission for Women
iv. National Commission for Scheduled Castes
a)
i, iii, ii, iv
b)
i, iv, ii, iii
c)
i, ii, iv, iii
d)
iv, i, iii, ii
|
|
Hrishikesh Chauhan answered |
Chronological Order of Establishment of Commissions:
National Commission for Scheduled Castes (NCSC)
- The National Commission for Scheduled Castes (NCSC) was established first in the chronological order.
- It was set up on August 19, 2004, by an Act of Parliament.
National Commission for Women (NCW)
- The National Commission for Women (NCW) was established after the NCSC.
- It was set up on January 31, 1992, as a statutory body.
National Commission for Human Rights (NHRC)
- The National Commission for Human Rights (NHRC) was established after the NCW.
- It was set up on October 12, 1993, based on the Protection of Human Rights Act, 1993.
National Commission for Scheduled Castes (NCST)
- The National Commission for Scheduled Tribes (NCST) was established last in the chronological order.
- It was set up on March 7, 2004, under Article 338A of the Indian Constitution.
Therefore, the correct chronological order of establishment of the commissions is i) National Commission for Scheduled Castes (NCSC), iii) National Commission for Women (NCW), ii) National Commission for Human Rights (NHRC), iv) National Commission for Scheduled Tribes (NCST).
National Commission for Scheduled Castes (NCSC)
- The National Commission for Scheduled Castes (NCSC) was established first in the chronological order.
- It was set up on August 19, 2004, by an Act of Parliament.
National Commission for Women (NCW)
- The National Commission for Women (NCW) was established after the NCSC.
- It was set up on January 31, 1992, as a statutory body.
National Commission for Human Rights (NHRC)
- The National Commission for Human Rights (NHRC) was established after the NCW.
- It was set up on October 12, 1993, based on the Protection of Human Rights Act, 1993.
National Commission for Scheduled Castes (NCST)
- The National Commission for Scheduled Tribes (NCST) was established last in the chronological order.
- It was set up on March 7, 2004, under Article 338A of the Indian Constitution.
Therefore, the correct chronological order of establishment of the commissions is i) National Commission for Scheduled Castes (NCSC), iii) National Commission for Women (NCW), ii) National Commission for Human Rights (NHRC), iv) National Commission for Scheduled Tribes (NCST).
'Rule of law' means
(i) supremacy of judiciary
(ii) supremacy of law
(iii) equality before law
(iv) supremacy of parliament- a)Only (i) and (iii)
- b)Only (iii) and (iv)
- c)Only (ii) and (iv)
- d)Only (ii) and (iii)
Correct answer is option 'D'. Can you explain this answer?
'Rule of law' means
(i) supremacy of judiciary
(ii) supremacy of law
(iii) equality before law
(iv) supremacy of parliament
(i) supremacy of judiciary
(ii) supremacy of law
(iii) equality before law
(iv) supremacy of parliament
a)
Only (i) and (iii)
b)
Only (iii) and (iv)
c)
Only (ii) and (iv)
d)
Only (ii) and (iii)
|
|
Anjali Sharma answered |
The meaning of rule of law, is that no man is above law and also that every person is subject to the jurisdiction of ordinary courts of law irrespective of their position and rank. Thus, option 4 is the correct answer.
Which of the following was not a specialised tribunal in the Vedic age in India?- a)Kula
- b)Puga
- c)Kaksha
- d)Shreni
Correct answer is option 'C'. Can you explain this answer?
Which of the following was not a specialised tribunal in the Vedic age in India?
a)
Kula
b)
Puga
c)
Kaksha
d)
Shreni
|
|
Amita Das answered |
The Vedic age in India, witnessed the flourishing of specialised tribunals such as Kula (for disputes of family, community, tribe, castes, races), Shreni (for internal disputes in business, corporation of artisans) and Puga (for association of traders/commerce branches). In these institutions, interest-based negotiations dominated with a neutral third party seeking to identify the underlying needs and concerns of the parties in dispute. Similarly, People's courts· or Panchayat continued to be at the centre of dispute resolution in villages. Therefore, option 3 is the answer.
Which of the following is a non-compoundable offence?- a)Assault
- b)Theft
- c)Criminal breach of trust
- d)Kidnapping
Correct answer is option 'D'. Can you explain this answer?
Which of the following is a non-compoundable offence?
a)
Assault
b)
Theft
c)
Criminal breach of trust
d)
Kidnapping
|
|
Amita Das answered |
The compoundable offences are given in Section 320 of the Criminal Procedure Code. Compoundable offences fall into two broad categories:
Where the permission of the court is not required - Some offences such as trespass, adultery, defamation, etc. do not require the court's permission to be compounded.
Where the permission of the court is required - Offences of a more serious nature such as theft, assault and criminal breach of trust require the court's permission to be settled. The offences which are not given in Section 320 of the Criminal Procedure Code are considered to be non-compoundable offences. These offences are of a more serious and grievous nature, which affect society as a whole and not just an individual. Such offences usually include voluntarily causing grievous hurt, hurt by dangerous weapon, dishonest misappropriation, kidnapping or abducting to murder, etc.
So, option 4 is the answer.
Where the permission of the court is not required - Some offences such as trespass, adultery, defamation, etc. do not require the court's permission to be compounded.
Where the permission of the court is required - Offences of a more serious nature such as theft, assault and criminal breach of trust require the court's permission to be settled. The offences which are not given in Section 320 of the Criminal Procedure Code are considered to be non-compoundable offences. These offences are of a more serious and grievous nature, which affect society as a whole and not just an individual. Such offences usually include voluntarily causing grievous hurt, hurt by dangerous weapon, dishonest misappropriation, kidnapping or abducting to murder, etc.
So, option 4 is the answer.
The Universal Declaration of Human Rights is applicable to:- a)Every citizen of third world countries
- b)Citizens of the UN member countries
- c)Each individual regardless of gender, race, religion or cultural background
- d)None of the above
Correct answer is option 'C'. Can you explain this answer?
The Universal Declaration of Human Rights is applicable to:
a)
Every citizen of third world countries
b)
Citizens of the UN member countries
c)
Each individual regardless of gender, race, religion or cultural background
d)
None of the above
|
|
Ruchi Joshi answered |
Understanding the Universal Declaration of Human Rights
The Universal Declaration of Human Rights (UDHR) was adopted by the United Nations General Assembly in 1948. It serves as a foundational document that articulates fundamental rights and freedoms that are inherent to all individuals.
Applicability of the UDHR
The correct answer is option 'C': Each individual regardless of gender, race, religion, or cultural background. Here’s why:
Conclusion
In summary, the UDHR is a vital instrument advocating for the protection of individual rights and freedoms for all people, making option 'C' the correct choice. Its emphasis on universality and non-discrimination underlines the importance of recognizing and upholding human rights for every individual.
The Universal Declaration of Human Rights (UDHR) was adopted by the United Nations General Assembly in 1948. It serves as a foundational document that articulates fundamental rights and freedoms that are inherent to all individuals.
Applicability of the UDHR
The correct answer is option 'C': Each individual regardless of gender, race, religion, or cultural background. Here’s why:
- Universal Nature: The UDHR is designed to be universal, meaning it applies to every person, irrespective of their nationality or demographic characteristics. Its principles are meant to transcend borders.
- Inherent Rights: The declaration asserts that all human beings are entitled to these rights simply by being human. This is a significant aspect of human rights law.
- Non-Discrimination: Articles within the UDHR explicitly state that rights should be granted without discrimination of any kind, including gender, race, religion, or cultural background, reinforcing its universal applicability.
- International Consensus: Although the UDHR was adopted by member states of the UN, its principles are recognized globally and serve as a standard for all countries, promoting human dignity everywhere.
Conclusion
In summary, the UDHR is a vital instrument advocating for the protection of individual rights and freedoms for all people, making option 'C' the correct choice. Its emphasis on universality and non-discrimination underlines the importance of recognizing and upholding human rights for every individual.
Which of the following is/are not the function(s) of the State authority?- a)Undertaking legal aid programmes
- b)Conducting Lok Adalats
- c)Co-ordinating the activities of the Taluk Legal Services Committee and other legal services
- d)All of the above
Correct answer is option 'C'. Can you explain this answer?
Which of the following is/are not the function(s) of the State authority?
a)
Undertaking legal aid programmes
b)
Conducting Lok Adalats
c)
Co-ordinating the activities of the Taluk Legal Services Committee and other legal services
d)
All of the above
|
|
Anjali Sharma answered |
The state authority is responsible for giving effect to the policy and directions of the Central Authority.
The state authority shall perform all or any of the following functions, namely-
(a) Give legal service to persons who satisfy the criteria laid down under this Act,
(b) Conduct Lok Adalats, including Lok Adalats for High Court cases,
(c) Undertake preventive and strategic legal aid programmes; and
(d) Perform such other functions as the state authority may in consultation with the central authority, fix by regulations.
Co-ordinating the activities of the Taluk Legal Services Committee and other legal services is the function of the district authority.
The state authority shall perform all or any of the following functions, namely-
(a) Give legal service to persons who satisfy the criteria laid down under this Act,
(b) Conduct Lok Adalats, including Lok Adalats for High Court cases,
(c) Undertake preventive and strategic legal aid programmes; and
(d) Perform such other functions as the state authority may in consultation with the central authority, fix by regulations.
Co-ordinating the activities of the Taluk Legal Services Committee and other legal services is the function of the district authority.
In cases of general offer, for a valid contract,- a)the acceptor need not have the knowledge of the offer
- b)the acceptor must have the knowledge of the offer before acceptance by performance
- c)the acceptor may acquire the knowledge of the offer after the performance of the condition for acceptance
- d)knowledge does not matter so long as the condition is performed with or without knowledge
Correct answer is option 'A'. Can you explain this answer?
In cases of general offer, for a valid contract,
a)
the acceptor need not have the knowledge of the offer
b)
the acceptor must have the knowledge of the offer before acceptance by performance
c)
the acceptor may acquire the knowledge of the offer after the performance of the condition for acceptance
d)
knowledge does not matter so long as the condition is performed with or without knowledge
|
|
Amita Das answered |
A general offer is one that is made to the public at large. It is not made any specified parties. So any member of the public can accept the offer and be entitled to the rewards/consideration. In cases of general otter, for a valid contract, the acceptor need not have the knowledge of the offer.
Who was the first Indian lady vakil to be enrolled in a High Court?- a)Anna Chandy
- b)Cornelia Sorabji
- c)Indira Jaising
- d)Fathima Beevi
Correct answer is option 'B'. Can you explain this answer?
Who was the first Indian lady vakil to be enrolled in a High Court?
a)
Anna Chandy
b)
Cornelia Sorabji
c)
Indira Jaising
d)
Fathima Beevi
|
|
Anjali Sharma answered |
The Allahabad High Court enrolled Ms. Cornelia Sorabji as the first Indian lady vakil of Allahabad High Court on 24 August 1921 by a decision of the English Committee of the Court.
In a bailable offence, the bail is granted as a matter of right- a)by the police officer
- b)by the court
- c)both by the police officer and by the court
- d)either 1 or 2
Correct answer is option 'D'. Can you explain this answer?
In a bailable offence, the bail is granted as a matter of right
a)
by the police officer
b)
by the court
c)
both by the police officer and by the court
d)
either 1 or 2
|
|
Anjali Sharma answered |
A bailable offence is an offence of relatively less severity and for which the accused has a right to be released on bail. In case of bailable offence the police has power to grant bail, but after the challans are filed in court, the accused person has to fill the prescribed bail bond in order to get regular bail from court. Thus, it is correct to say that bail, in a bailable offence, can be granted either by the police officer or by the court. Bail is a matter of right in case of bailable offences.
Under the Constitution of India, freedom of religion does not give the power to- a)regulate law and order
- b)get conversion with money
- c)amend any long prevailing religious customs
- d)all of the above
Correct answer is option 'D'. Can you explain this answer?
Under the Constitution of India, freedom of religion does not give the power to
a)
regulate law and order
b)
get conversion with money
c)
amend any long prevailing religious customs
d)
all of the above
|
|
Varun Chauhan answered |
Regulating Law and Order:
- Freedom of religion under the Constitution of India does not give individuals the power to regulate law and order.
- The state has the authority to maintain law and order, and individuals must abide by the laws of the land regardless of their religious beliefs.
Getting Conversion with Money:
- Freedom of religion does not include the right to use money or any other means to force or induce individuals to convert to a particular religion.
- Conversion should be based on free will and should not involve any form of coercion, including financial incentives.
Amending Religious Customs:
- Individuals do not have the power to amend long-prevailing religious customs under the guise of freedom of religion.
- While individuals have the right to practice their religion freely, this right is subject to certain restrictions, such as public order, morality, and the health of individuals.
All of the Above:
- In conclusion, under the Constitution of India, freedom of religion is subject to certain limitations and does not give individuals the power to regulate law and order, get conversions with money, or amend long-prevailing religious customs.
- These restrictions ensure that religious freedom is exercised responsibly and in harmony with the principles of the Indian Constitution.
Who is the ex officio member of State Bar Councils?- a)Attorney General
- b)Chief Justice of High Court
- c)Advocate General
- d)None of the above
Correct answer is option 'C'. Can you explain this answer?
Who is the ex officio member of State Bar Councils?
a)
Attorney General
b)
Chief Justice of High Court
c)
Advocate General
d)
None of the above
|
|
Amita Das answered |
The Advocate's Act has created a State Bar Council in each State with the Advocate General of the State as an ex- officio member, and 15-25 Advocates elected for a period of five years.
Which of the following US states have unified bars?- a)California and Florida
- b)Texas and New York
- c)Illinois and Washington DC
- d)Washington DC and New York
Correct answer is option 'A'. Can you explain this answer?
Which of the following US states have unified bars?
a)
California and Florida
b)
Texas and New York
c)
Illinois and Washington DC
d)
Washington DC and New York
|
|
Debolina Ahuja answered |
Unified Bars in California and Florida
California and Florida are two states in the US that have unified bars. A unified bar means that the state bar association governs all attorneys within the state, including admission to the bar, ethics, discipline, and continuing education requirements.
California State Bar
- The State Bar of California is the unified bar association for the state of California.
- It regulates the admission of attorneys to practice law, enforces ethical standards, and provides resources for professional development.
Florida Bar
- The Florida Bar is the unified bar association for the state of Florida.
- It oversees the admission of attorneys, establishes ethical guidelines, and offers educational opportunities for legal professionals.
Benefits of Unified Bars
- Unified bars help maintain consistency in standards and regulations for attorneys within the state.
- They provide a centralized source for legal resources and support for members of the legal profession.
- Unified bars also play a role in protecting the public by ensuring that attorneys meet certain qualifications and adhere to ethical guidelines.
In conclusion, California and Florida are examples of states with unified bars, where the state bar association serves as the governing body for all attorneys practicing within the state.
California and Florida are two states in the US that have unified bars. A unified bar means that the state bar association governs all attorneys within the state, including admission to the bar, ethics, discipline, and continuing education requirements.
California State Bar
- The State Bar of California is the unified bar association for the state of California.
- It regulates the admission of attorneys to practice law, enforces ethical standards, and provides resources for professional development.
Florida Bar
- The Florida Bar is the unified bar association for the state of Florida.
- It oversees the admission of attorneys, establishes ethical guidelines, and offers educational opportunities for legal professionals.
Benefits of Unified Bars
- Unified bars help maintain consistency in standards and regulations for attorneys within the state.
- They provide a centralized source for legal resources and support for members of the legal profession.
- Unified bars also play a role in protecting the public by ensuring that attorneys meet certain qualifications and adhere to ethical guidelines.
In conclusion, California and Florida are examples of states with unified bars, where the state bar association serves as the governing body for all attorneys practicing within the state.
The qualifying exam for being an Advocate on Record (AOR) can be taken by an advocate who has been enrolled with a Bar Council for at least:- a)Two years
- b)One year
- c)Five years
- d)Seven years
Correct answer is option 'C'. Can you explain this answer?
The qualifying exam for being an Advocate on Record (AOR) can be taken by an advocate who has been enrolled with a Bar Council for at least:
a)
Two years
b)
One year
c)
Five years
d)
Seven years
|
|
Amita Das answered |
An Advocate on Record (AOR) is an advocate who has passed a qualifying examination conducted by the Supreme Court. The examination is taken by an advocate who has been enrolled with a Bar Council for at least five years and has completed one year training with an AOR of not less than five years standing. Only an AOR can file a vakalath, a petition, an affidavit or any other application on behalf of a party in the Supreme Court. All the procedural aspects of a case are dealt with by the AOR, with the assistance of a registered clerk. It is the AOR's name that appears on the cause list. The AOR is held accountable, by the Supreme Court, for the conduct of the case. Any notice and correspondence from the Supreme Court are sent to the AOR, and not to the party.
Which of the following commissions are statutory bodies? - National Commission for Schedule class
- National Commission for Women
- National Commission for Minorities
- National Commission for Backward Classes
- National Human Rights Commission
- a)1, 2, 3
- b)3, 4, 5
- c)1, 2, 3, 4
- d)2, 3, 4, 5
Correct answer is option 'D'. Can you explain this answer?
Which of the following commissions are statutory bodies?
- National Commission for Schedule class
- National Commission for Women
- National Commission for Minorities
- National Commission for Backward Classes
- National Human Rights Commission
a)
1, 2, 3
b)
3, 4, 5
c)
1, 2, 3, 4
d)
2, 3, 4, 5
|
Anuj Patel answered |
Statutory bodies are those that are established by an act of Parliament or state legislature. They have the authority to regulate and enforce laws related to their specific area of concern. In this question, we are asked to identify the statutory bodies among the given options.
National Commission for Schedule Class
- Established by an act of Parliament - The Constitution (Eighty-Ninth Amendment) Act, 2003.
- It aims to safeguard the interests of Scheduled Castes and ensure their socio-economic development.
- Therefore, it is a statutory body.
National Commission for Women
- Established by an act of Parliament - The National Commission for Women Act, 1990.
- It aims to safeguard women's rights and promote gender equality.
- Therefore, it is a statutory body.
National Commission for Minorities
- Established by an act of Parliament - The National Commission for Minorities Act, 1992.
- It aims to safeguard the rights and interests of minorities, including religious and linguistic minorities.
- Therefore, it is a statutory body.
National Commission for Backward Classes
- Established by an act of Parliament - The National Commission for Backward Classes Act, 1993.
- It aims to identify backward classes and recommend measures for their socio-economic development.
- Therefore, it is a statutory body.
National Human Rights Commission
- Established by an act of Parliament - The Protection of Human Rights Act, 1993.
- It aims to protect and promote human rights in the country.
- Therefore, it is a statutory body.
Based on the above analysis, we can conclude that options D (2, 3, 4, 5) is the correct answer as all the commissions listed in this option are statutory bodies.
National Commission for Schedule Class
- Established by an act of Parliament - The Constitution (Eighty-Ninth Amendment) Act, 2003.
- It aims to safeguard the interests of Scheduled Castes and ensure their socio-economic development.
- Therefore, it is a statutory body.
National Commission for Women
- Established by an act of Parliament - The National Commission for Women Act, 1990.
- It aims to safeguard women's rights and promote gender equality.
- Therefore, it is a statutory body.
National Commission for Minorities
- Established by an act of Parliament - The National Commission for Minorities Act, 1992.
- It aims to safeguard the rights and interests of minorities, including religious and linguistic minorities.
- Therefore, it is a statutory body.
National Commission for Backward Classes
- Established by an act of Parliament - The National Commission for Backward Classes Act, 1993.
- It aims to identify backward classes and recommend measures for their socio-economic development.
- Therefore, it is a statutory body.
National Human Rights Commission
- Established by an act of Parliament - The Protection of Human Rights Act, 1993.
- It aims to protect and promote human rights in the country.
- Therefore, it is a statutory body.
Based on the above analysis, we can conclude that options D (2, 3, 4, 5) is the correct answer as all the commissions listed in this option are statutory bodies.
With reference to State Authority, which of the following statements is/are incorrect? - It is the duty of the State Authority to give effect to the policies and directions of the Central Authority.
- The State Authority is entrusted with the responsibilty of appropriate allocation of funds to the District Authorities.
- a)Only 1
- b)Only 2
- c)Both 1 and 2
- d)None of the above
Correct answer is option 'B'. Can you explain this answer?
With reference to State Authority, which of the following statements is/are incorrect?
- It is the duty of the State Authority to give effect to the policies and directions of the Central Authority.
- The State Authority is entrusted with the responsibilty of appropriate allocation of funds to the District Authorities.
a)
Only 1
b)
Only 2
c)
Both 1 and 2
d)
None of the above
|
|
Ankit Shah answered |
Incorrect Statement about State Authority
Background:
The State Disaster Management Act, 2005 was enacted to provide for disaster management at the national, state, and district levels. The Act defines a State Authority to be responsible for the implementation of policies and plans for disaster management within the state.
Incorrect Statement:
The State Authority is entrusted with the responsibility of appropriate allocation of funds to the District Authorities.
Explanation:
This statement is incorrect. The State Authority is responsible for preparing the State Disaster Management Plan, which includes the allocation of resources, both financial and otherwise, to various departments and agencies involved in disaster management. However, it is the District Authority that is responsible for the allocation of funds to various local bodies and other agencies for the purpose of disaster management. The District Authority is also responsible for the implementation of the State Disaster Management Plan at the district level.
Correct Statement:
It is the duty of the State Authority to give effect to the policies and directions of the Central Authority. The State Authority is responsible for the implementation of the State Disaster Management Plan, which includes the following:
- Preparation of the State Disaster Management Plan
- Coordination and monitoring of disaster management activities in the state
- Training and capacity building of various departments and agencies involved in disaster management
- Ensuring the availability of resources, both financial and otherwise, for disaster management activities
- Formulation of guidelines and procedures for the response to different types of disasters
- Maintenance of a database of resources and personnel available for disaster management
- Promotion of public awareness and education on disaster management
- Review and assessment of the effectiveness of disaster management activities in the state.
Therefore, the correct answer is option B, only statement 2 is incorrect.
Background:
The State Disaster Management Act, 2005 was enacted to provide for disaster management at the national, state, and district levels. The Act defines a State Authority to be responsible for the implementation of policies and plans for disaster management within the state.
Incorrect Statement:
The State Authority is entrusted with the responsibility of appropriate allocation of funds to the District Authorities.
Explanation:
This statement is incorrect. The State Authority is responsible for preparing the State Disaster Management Plan, which includes the allocation of resources, both financial and otherwise, to various departments and agencies involved in disaster management. However, it is the District Authority that is responsible for the allocation of funds to various local bodies and other agencies for the purpose of disaster management. The District Authority is also responsible for the implementation of the State Disaster Management Plan at the district level.
Correct Statement:
It is the duty of the State Authority to give effect to the policies and directions of the Central Authority. The State Authority is responsible for the implementation of the State Disaster Management Plan, which includes the following:
- Preparation of the State Disaster Management Plan
- Coordination and monitoring of disaster management activities in the state
- Training and capacity building of various departments and agencies involved in disaster management
- Ensuring the availability of resources, both financial and otherwise, for disaster management activities
- Formulation of guidelines and procedures for the response to different types of disasters
- Maintenance of a database of resources and personnel available for disaster management
- Promotion of public awareness and education on disaster management
- Review and assessment of the effectiveness of disaster management activities in the state.
Therefore, the correct answer is option B, only statement 2 is incorrect.
Pre-litigation services include:- a)Legal awareness
- b)Legal advice
- c)Legal education
- d)All the above
Correct answer is option 'D'. Can you explain this answer?
Pre-litigation services include:
a)
Legal awareness
b)
Legal advice
c)
Legal education
d)
All the above
|
|
Anjali Sharma answered |
Pre-litigation simply means 'before a lawsuit is filed in the court'. The pre-litigation legal services include:
- Legal education
- Legal advice
- Legal awareness
- Pre-litigation settlement etc.
Who criticised the Droit system as being a system where no justice was possible?- a)Holland
- b)Lord Diplock
- c)Montesquieu
- d)A.V Dicey
Correct answer is option 'D'. Can you explain this answer?
Who criticised the Droit system as being a system where no justice was possible?
a)
Holland
b)
Lord Diplock
c)
Montesquieu
d)
A.V Dicey
|
|
Anjali Sharma answered |
Prof. A.V. Dicey denounced the Droit system of administration as being a system where no justice was possible, while in theory Dicey's renunciation appeared reasonable. In practice it is often rightly pointed out that this system of justice was far more efficient than its contemporary common law systems.
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 option accordingly.Assertion (A): Fundamental duties are enforceable.
Reason (R): The Indian Constitution commands the citizens of India to follow the fundamental duties.- a)Both (A) and (R) are true.
- b)Both (A) and (R) are false.
- c)(A) is true, but (R) is false.
- d)(A) is false, but (R) is true.
Correct answer is option 'D'. Can you explain this answer?
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 option accordingly.
Assertion (A): Fundamental duties are enforceable.
Reason (R): The Indian Constitution commands the citizens of India to follow the fundamental duties.
Reason (R): The Indian Constitution commands the citizens of India to follow the fundamental duties.
a)
Both (A) and (R) are true.
b)
Both (A) and (R) are false.
c)
(A) is true, but (R) is false.
d)
(A) is false, but (R) is true.
|
|
Anjali Sharma answered |
Fundamental duties are non-enforceable, like DPSP, but the Indian Constitution commands the citizens of India to follow the fundamental duties, as held in the case of K. R. K. Vara Prasad vs. Union of India, AIR, 1980, A.P.
Fundamental duties are statutory duties, and shall be enforced by enacting appropriate law for the purpose.
Fundamental duties are statutory duties, and shall be enforced by enacting appropriate law for the purpose.
An agreement not supported by consideration is called which of the following?- a)Nudum pactum
- b)Consensus ad idem
- c)Quid pro quo
- d)Noscitur A Soclis
Correct answer is option 'A'. Can you explain this answer?
An agreement not supported by consideration is called which of the following?
a)
Nudum pactum
b)
Consensus ad idem
c)
Quid pro quo
d)
Noscitur A Soclis
|
|
Akshita Saha answered |
An agreement not supported by consideration is called a Nudum Pactum.
Consideration is a fundamental concept in contract law. It refers to something of value that is exchanged between parties to a contract. In order for a contract to be valid, there must be a mutual exchange of consideration. This means that both parties must give something of value or undertake some obligation.
Nudum Pactum:
A nudum pactum is a Latin term that translates to "bare agreement" or "naked contract." It refers to an agreement that lacks consideration and therefore is not legally binding. In other words, a nudum pactum is an agreement without any value or benefit exchanged between the parties.
Lack of Consideration:
In contract law, consideration can take many forms. It can be a promise to do something, a promise not to do something, or the actual exchange of goods, services, or money. Consideration is essential because it ensures that both parties have something to gain or lose from the agreement.
Example:
Let's consider an example to understand the concept better. Suppose John promises to give his car to Jane as a gift. Jane, in return, does not promise or provide anything to John. In this case, there is no consideration provided by Jane, and the agreement is considered a nudum pactum. If John later changes his mind and decides not to give the car to Jane, she would not have any legal recourse because the agreement lacks consideration.
Legal Validity:
A nudum pactum is not legally enforceable, as it does not meet the requirement of consideration. Without consideration, there is no exchange of value, and therefore, the agreement lacks the necessary element to create a binding contract. In order for an agreement to be legally valid, consideration must be present.
Conclusion:
In contract law, an agreement not supported by consideration is called a nudum pactum. Such agreements lack the necessary element of consideration and are not legally enforceable. Consideration plays a crucial role in ensuring that contracts are fair and mutually beneficial.
Consideration is a fundamental concept in contract law. It refers to something of value that is exchanged between parties to a contract. In order for a contract to be valid, there must be a mutual exchange of consideration. This means that both parties must give something of value or undertake some obligation.
Nudum Pactum:
A nudum pactum is a Latin term that translates to "bare agreement" or "naked contract." It refers to an agreement that lacks consideration and therefore is not legally binding. In other words, a nudum pactum is an agreement without any value or benefit exchanged between the parties.
Lack of Consideration:
In contract law, consideration can take many forms. It can be a promise to do something, a promise not to do something, or the actual exchange of goods, services, or money. Consideration is essential because it ensures that both parties have something to gain or lose from the agreement.
Example:
Let's consider an example to understand the concept better. Suppose John promises to give his car to Jane as a gift. Jane, in return, does not promise or provide anything to John. In this case, there is no consideration provided by Jane, and the agreement is considered a nudum pactum. If John later changes his mind and decides not to give the car to Jane, she would not have any legal recourse because the agreement lacks consideration.
Legal Validity:
A nudum pactum is not legally enforceable, as it does not meet the requirement of consideration. Without consideration, there is no exchange of value, and therefore, the agreement lacks the necessary element to create a binding contract. In order for an agreement to be legally valid, consideration must be present.
Conclusion:
In contract law, an agreement not supported by consideration is called a nudum pactum. Such agreements lack the necessary element of consideration and are not legally enforceable. Consideration plays a crucial role in ensuring that contracts are fair and mutually beneficial.
The essential ingredients of a crime are- a)motive, mens rea and actus reus
- b)motive, intention and knowledge
- c)mens rea and actus reus
- d)knowledge, intention and action
Correct answer is option 'C'. Can you explain this answer?
The essential ingredients of a crime are
a)
motive, mens rea and actus reus
b)
motive, intention and knowledge
c)
mens rea and actus reus
d)
knowledge, intention and action
|
|
Amita Das answered |
Mens rea and actus reus are two essentials of any crime and are the principles used in most common law countries. Actus reus can be a physical act (hitting someone), a failure to act (watching someone being hit) or a state of being (having stolen property in your possession). It must be shown that a person committed an act prohibited by law. Mens rea is the mental element of a crime. It includes motive, intent, knowledge and recklessness/carelessness. Mens rea is the 'guilty mind' or guilty intention to commit a crime, with the intention of causing hurt to another person or animal or with the express intention of disturbing the peace. Actus reus, however, is the guilty act, which is a necessity in proving that a criminal act was committed.
International law is a weak law because- a)it is not enforceable as such, it is not a law but a positive morality.
- b)there is absence of compulsory dispute settlement mechanisms and independent system of sanctions.
- c)it only includes states as subjects.
- d)there are no dependable sources available.
Correct answer is option 'A'. Can you explain this answer?
International law is a weak law because
a)
it is not enforceable as such, it is not a law but a positive morality.
b)
there is absence of compulsory dispute settlement mechanisms and independent system of sanctions.
c)
it only includes states as subjects.
d)
there are no dependable sources available.
|
|
Anjali Sharma answered |
International Law is said to be "a weak law."
Following are some of the weaknesses of International law.
(1) The greatest shortcoming of international law is that it lacks an effective executive authority to enforce its rules.
(2) It lacks an effective legislative machinery. Therefore, it is not enforceable as such, it is not a law but a positive morality.
Following are some of the weaknesses of International law.
(1) The greatest shortcoming of international law is that it lacks an effective executive authority to enforce its rules.
(2) It lacks an effective legislative machinery. Therefore, it is not enforceable as such, it is not a law but a positive morality.
Consider the following statements.
Statement I: Municipal law can serve as a defence to breach of International law.
Statement II: In case of dispute between International law and domestic law, International law always prevails.- a)Only I is correct.
- b)Only II is correct.
- c)Both I and II are correct.
- d)Neither I nor II is correct.
Correct answer is option 'D'. Can you explain this answer?
Consider the following statements.
Statement I: Municipal law can serve as a defence to breach of International law.
Statement II: In case of dispute between International law and domestic law, International law always prevails.
Statement I: Municipal law can serve as a defence to breach of International law.
Statement II: In case of dispute between International law and domestic law, International law always prevails.
a)
Only I is correct.
b)
Only II is correct.
c)
Both I and II are correct.
d)
Neither I nor II is correct.
|
|
Amita Das answered |
Municipal law cannot serve as a defence to a breach of international law, i.e. you cannot use a domestic law to justify the breach of an international one. Neither can one say that their consent to a treaty has been invalidated by way of a change of its municipal law. The provisions of international law are often used to supplement various propositions of the domestic law when they are both concurrent with each other. However, whenever there is a dispute between international and domestic law, supremacy of either depends mainly on the forum, i.e. where the case is being contested. International forums generally give preference to treaty law and other international sources whereas domestic forums give preference to statutes of the jurisdiction.
Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.Copyrights are generally owned by the people who create the work of expression.
Some exceptions:
If a work is created by an employee in the course of his or her employment, the employer owns the copyright. If the work is created by an independent contractor and the independent contractor signs a written agreement stating that the work shall be made for hire, the commissioning person or organisation owns the copyright only if the work is a part of a larger literary work, such as an article in a magazine or a poem or story in an anthology; part of a motion picture or other audiovisual work, such as a screenplay; a translation; a supplementary work such as an afterword, an introduction, chart, editorial note, bibliography; a compilation; an instructional text; a test or answer material for a test; or an atlas. Works that don't fall within one of these eight categories constitute works made for hire only if created by an employee within the scope of his or her employment.If the creator has sold the entire copyright, the purchasing business or person becomes the copyright owner.
When two or more authors prepare a work with the intent to combine their contributions into inseparable or interdependent parts, the work is considered joint work and the authors are considered joint copyright owners. Authorship is retained but in some cases this copyright owner can be the publisher. Say a joint work is when a book or article has two or more authors. However, if a book is written primarily by one author, but another author contributes a specific chapter to the book and is given credit for that chapter, then this probably wouldn't be a joint work because the contributions aren't inseparable or interdependent. The U.S. Copyright Office considers joint copyright owners to have an equal right to register and enforce the copyright. Unless the joint owners make a written agreement to the contrary, each copyright owner has the right to commercially exploit the copyright, provided that the other copyright owners get an equal share of the proceeds between them.If at the time of creation, the authors did not intend their works to be part of an inseparable whole, the fact that their works are later put together does not create a joint work. Rather, the result is considered a collective work. In this case, each author owns a copyright in only the material he or she added to the finished product. For example in the 1980s, Vladimir wrote a famous novel full of complex literary allusions. In 2018, his publisher issues a student edition of the work with detailed annotations. The student edition is a collective work. Vladimir owns the copyright in the novel, but the professor owns the annotations.Q. X is an independent contractor. He orally asks Y to create a work for hire. The work will be part of the book which will be published by X. Who is the copyright owner of the work?- a)Y is the copyright holder of the work.
- b)X is the copyright holder of the work as Y has been hired by X.
- c)X and Y are joint copyright holders of the work.
- d)None of the above
Correct answer is option 'A'. Can you explain this answer?
Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.
Copyrights are generally owned by the people who create the work of expression.
Some exceptions:
If a work is created by an employee in the course of his or her employment, the employer owns the copyright. If the work is created by an independent contractor and the independent contractor signs a written agreement stating that the work shall be made for hire, the commissioning person or organisation owns the copyright only if the work is a part of a larger literary work, such as an article in a magazine or a poem or story in an anthology; part of a motion picture or other audiovisual work, such as a screenplay; a translation; a supplementary work such as an afterword, an introduction, chart, editorial note, bibliography; a compilation; an instructional text; a test or answer material for a test; or an atlas. Works that don't fall within one of these eight categories constitute works made for hire only if created by an employee within the scope of his or her employment.
Some exceptions:
If a work is created by an employee in the course of his or her employment, the employer owns the copyright. If the work is created by an independent contractor and the independent contractor signs a written agreement stating that the work shall be made for hire, the commissioning person or organisation owns the copyright only if the work is a part of a larger literary work, such as an article in a magazine or a poem or story in an anthology; part of a motion picture or other audiovisual work, such as a screenplay; a translation; a supplementary work such as an afterword, an introduction, chart, editorial note, bibliography; a compilation; an instructional text; a test or answer material for a test; or an atlas. Works that don't fall within one of these eight categories constitute works made for hire only if created by an employee within the scope of his or her employment.
If the creator has sold the entire copyright, the purchasing business or person becomes the copyright owner.
When two or more authors prepare a work with the intent to combine their contributions into inseparable or interdependent parts, the work is considered joint work and the authors are considered joint copyright owners. Authorship is retained but in some cases this copyright owner can be the publisher. Say a joint work is when a book or article has two or more authors. However, if a book is written primarily by one author, but another author contributes a specific chapter to the book and is given credit for that chapter, then this probably wouldn't be a joint work because the contributions aren't inseparable or interdependent. The U.S. Copyright Office considers joint copyright owners to have an equal right to register and enforce the copyright. Unless the joint owners make a written agreement to the contrary, each copyright owner has the right to commercially exploit the copyright, provided that the other copyright owners get an equal share of the proceeds between them.
When two or more authors prepare a work with the intent to combine their contributions into inseparable or interdependent parts, the work is considered joint work and the authors are considered joint copyright owners. Authorship is retained but in some cases this copyright owner can be the publisher. Say a joint work is when a book or article has two or more authors. However, if a book is written primarily by one author, but another author contributes a specific chapter to the book and is given credit for that chapter, then this probably wouldn't be a joint work because the contributions aren't inseparable or interdependent. The U.S. Copyright Office considers joint copyright owners to have an equal right to register and enforce the copyright. Unless the joint owners make a written agreement to the contrary, each copyright owner has the right to commercially exploit the copyright, provided that the other copyright owners get an equal share of the proceeds between them.
If at the time of creation, the authors did not intend their works to be part of an inseparable whole, the fact that their works are later put together does not create a joint work. Rather, the result is considered a collective work. In this case, each author owns a copyright in only the material he or she added to the finished product. For example in the 1980s, Vladimir wrote a famous novel full of complex literary allusions. In 2018, his publisher issues a student edition of the work with detailed annotations. The student edition is a collective work. Vladimir owns the copyright in the novel, but the professor owns the annotations.
Q. X is an independent contractor. He orally asks Y to create a work for hire. The work will be part of the book which will be published by X. Who is the copyright owner of the work?
a)
Y is the copyright holder of the work.
b)
X is the copyright holder of the work as Y has been hired by X.
c)
X and Y are joint copyright holders of the work.
d)
None of the above
|
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Ankit Shah answered |
Explanation:
Y is the copyright holder of the work:
- In the scenario provided, X is an independent contractor who orally asks Y to create a work for hire.
- Since there is no written agreement stating that the work shall be made for hire, Y retains the copyright as the creator of the work.
- Even though the work will be part of the book published by X, Y is still the rightful copyright owner of the work.
Therefore, in this case, option A) Y is the copyright holder of the work is the correct answer.
In Rome, the term 'vodimonium' stands for:- a)Security for appearance by plaintiff
- b)Security for appearance by defendant
- c)Security for appearance by pleader
- d)Security for appearance by Judge
Correct answer is option 'B'. Can you explain this answer?
In Rome, the term 'vodimonium' stands for:
a)
Security for appearance by plaintiff
b)
Security for appearance by defendant
c)
Security for appearance by pleader
d)
Security for appearance by Judge
|
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Amita Das answered |
Under the peculiar procedure before the praetor at Rome, costs took the form of vodimonium, security for appearance by the defendant, and the sacramentum which was in the form of a wager laid by each party, but in substance security to abide by the judgment of the court.
With regard to Zonal Councils, consider the following statements: - The Zonal Councils are statutory bodies.
- They are established by an Act of the Parliament, that is, States Reorganisation Act 1956.
- North-Eastern Council was created under the States Reorganisation Act 1956.
Which of the statements given above is/are correct?- a)1 and 2 only
- b)2 and 3 only
- c)1 and 3 only
- d)None of the above
Correct answer is option 'A'. Can you explain this answer?
With regard to Zonal Councils, consider the following statements:
- The Zonal Councils are statutory bodies.
- They are established by an Act of the Parliament, that is, States Reorganisation Act 1956.
- North-Eastern Council was created under the States Reorganisation Act 1956.
Which of the statements given above is/are correct?
a)
1 and 2 only
b)
2 and 3 only
c)
1 and 3 only
d)
None of the above
|
|
Anjali Sharma answered |
The Zonal Councils are the statutory bodies. So, statement 1 is correct.
They are established by an Act of the Parliament, that is, States Reorganisation Act 1956. So, statement 2 is correct.
North-Eastern Council was created by a separate Act of Parliament, i.e the North-Eastern Council Act 1971. So, statement 3 is false.
They are established by an Act of the Parliament, that is, States Reorganisation Act 1956. So, statement 2 is correct.
North-Eastern Council was created by a separate Act of Parliament, i.e the North-Eastern Council Act 1971. So, statement 3 is false.
Which of the following functions are performed by the Bar Council of India?- a)Regulatory
- b)Representative
- c)Statutory
- d)All of the above
Correct answer is option 'D'. Can you explain this answer?
Which of the following functions are performed by the Bar Council of India?
a)
Regulatory
b)
Representative
c)
Statutory
d)
All of the above
|
|
Hrishikesh Chauhan answered |
Functions of the Bar Council of India:
- Regulatory: The Bar Council of India regulates the legal profession in India. It sets standards of professional conduct and etiquette for advocates, lays down guidelines for legal education, and enforces disciplinary rules.
- Representative: The Bar Council of India acts as a representative body for the legal profession in the country. It represents the interests of advocates and safeguards their rights and privileges.
- Statutory: The Bar Council of India is a statutory body established under the Advocates Act, 1961. It derives its powers and functions from this legislation and is responsible for ensuring the maintenance of professional standards in the legal profession.
- All of the above: The Bar Council of India performs all the functions mentioned above. It plays a crucial role in regulating, representing, and maintaining the integrity of the legal profession in India.
By performing these functions, the Bar Council of India plays a vital role in upholding the rule of law, promoting justice, and ensuring the ethical conduct of advocates. It is an essential institution in the Indian legal system and contributes significantly to the administration of justice in the country.
Bona vacantia means- a)goods without an owner
- b)in good faith
- c)let the buyer beware
- d)on its own motion
Correct answer is option 'A'. Can you explain this answer?
Bona vacantia means
a)
goods without an owner
b)
in good faith
c)
let the buyer beware
d)
on its own motion
|
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Anjali Sharma answered |
Bona vacantia, also known as 'vacant goods' or "ownerless goods" in Latin, is a legal term for a situation in which property is left without any clear owner. It exists in various jurisdictions, but with origins mostly in English law. The bona vacantia property may have been abandoned, mislaid, or forgotten by the owner.
Droit administratif is known as the administrative law of- a)England
- b)America
- c)Canada
- d)France
Correct answer is option 'D'. Can you explain this answer?
Droit administratif is known as the administrative law of
a)
England
b)
America
c)
Canada
d)
France
|
|
Anjali Sharma answered |
French administrative law is known as Droit Administratif, which means a body of rules which determines the organization, powers and duties of public administration and regulates the relation of the administration with the citizen of the country.
A __________ refers to legally binding written agreements in which states agree to act in a particular manner as specified in the agreement.- a)treaty
- b)declaration
- c)judgement
- d)none of these
Correct answer is option 'A'. Can you explain this answer?
A __________ refers to legally binding written agreements in which states agree to act in a particular manner as specified in the agreement.
a)
treaty
b)
declaration
c)
judgement
d)
none of these
|
|
Aniket Khanna answered |
Definition of Treaty:
A treaty is a legally binding written agreement between states or international organizations. It establishes the rights and obligations of the parties involved and provides a framework for their relationship.
Characteristics of Treaties:
- Treaties are negotiated by sovereign states and are considered a fundamental element of public international law.
- They can cover a wide range of issues, including trade, human rights, security, environmental protection, and more.
- Treaties are usually signed by authorized representatives of the parties involved and ratified by their respective governments to become legally binding.
Importance of Treaties:
- Treaties help to create stability and predictability in international relations by setting clear rules and expectations.
- They provide a mechanism for states to cooperate, resolve disputes, and address common challenges.
- Treaties play a crucial role in promoting peace, security, and cooperation among nations.
Examples of Treaties:
- The Treaty on the Non-Proliferation of Nuclear Weapons (NPT)
- The Paris Agreement on climate change
- The United Nations Convention on the Law of the Sea (UNCLOS)
In conclusion, treaties are essential tools in international diplomacy, allowing states to formalize their commitments and agreements in a legally binding manner. They help to maintain order and cooperation in the global community.
A treaty is a legally binding written agreement between states or international organizations. It establishes the rights and obligations of the parties involved and provides a framework for their relationship.
Characteristics of Treaties:
- Treaties are negotiated by sovereign states and are considered a fundamental element of public international law.
- They can cover a wide range of issues, including trade, human rights, security, environmental protection, and more.
- Treaties are usually signed by authorized representatives of the parties involved and ratified by their respective governments to become legally binding.
Importance of Treaties:
- Treaties help to create stability and predictability in international relations by setting clear rules and expectations.
- They provide a mechanism for states to cooperate, resolve disputes, and address common challenges.
- Treaties play a crucial role in promoting peace, security, and cooperation among nations.
Examples of Treaties:
- The Treaty on the Non-Proliferation of Nuclear Weapons (NPT)
- The Paris Agreement on climate change
- The United Nations Convention on the Law of the Sea (UNCLOS)
In conclusion, treaties are essential tools in international diplomacy, allowing states to formalize their commitments and agreements in a legally binding manner. They help to maintain order and cooperation in the global community.
Match List - I with List - II and select the correct answer with the help of codes given below:
- a)(a) - i, (b) - iv, (c) - ii, (d) - iii
- b)(a) - i, (b) - ii, (c) - iii, (d) - iv
- c)(a) - iv, (b) - iii, (c) - ii, (d) - i
- d)(a) - iii, (b) - i, (c) - ii, (d) - iv
Correct answer is option 'A'. Can you explain this answer?
Match List - I with List - II and select the correct answer with the help of codes given below:
a)
(a) - i, (b) - iv, (c) - ii, (d) - iii
b)
(a) - i, (b) - ii, (c) - iii, (d) - iv
c)
(a) - iv, (b) - iii, (c) - ii, (d) - i
d)
(a) - iii, (b) - i, (c) - ii, (d) - iv
|
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Amita Das answered |
The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine.
Article 30(1) states that all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
Article 21 of the Indian Constitution provides that no one shall be deprived of his life or personal liberty without the procedure established by law. The right to leave or travel abroad and the right to return India are considered to be the part of article 21 of the Constitution.
Article 16 of the Indian Constitution guarantees equal opportunity to all citizens in matters related to employment in the public sector.
Article 30(1) states that all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
Article 21 of the Indian Constitution provides that no one shall be deprived of his life or personal liberty without the procedure established by law. The right to leave or travel abroad and the right to return India are considered to be the part of article 21 of the Constitution.
Article 16 of the Indian Constitution guarantees equal opportunity to all citizens in matters related to employment in the public sector.
Where customary international law is comprised of rules identical to those of treaty law,- a)the treaty law overrides the customary law
- b)the customary law overrides the treaty law
- c)the rules of customary law become jus cogens
- d)both the treaty law and the customary law co-exist
Correct answer is option 'A'. Can you explain this answer?
Where customary international law is comprised of rules identical to those of treaty law,
a)
the treaty law overrides the customary law
b)
the customary law overrides the treaty law
c)
the rules of customary law become jus cogens
d)
both the treaty law and the customary law co-exist
|
|
Amita Das answered |
Both treaty law and customary international law are sources of international law. Treaties, such as the four Geneva Conventions of 1949, are written conventions in which States formally establish certain rules.
Customary international law, on the other hand, derives from a general practice accepted as law. Such practice can be found in official accounts of military operations but is also reflected in a variety of other official documents, including military manuals, national legislation and case law. As, the treaty laws are formally establish rules and the Customary international law are general practice accepted as law because they are formally establish the treaty law overrides the customary law.
Customary international law, on the other hand, derives from a general practice accepted as law. Such practice can be found in official accounts of military operations but is also reflected in a variety of other official documents, including military manuals, national legislation and case law. As, the treaty laws are formally establish rules and the Customary international law are general practice accepted as law because they are formally establish the treaty law overrides the customary law.
Which of the following is/are not required in a gift?- a)Donor and donee
- b)Consideration
- c)Movable or immovable property
- d)Transfer and acceptance
Correct answer is option 'B'. Can you explain this answer?
Which of the following is/are not required in a gift?
a)
Donor and donee
b)
Consideration
c)
Movable or immovable property
d)
Transfer and acceptance
|
|
Amita Das answered |
As per Section 122 of the Transfer of Property Act, 1882, "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 donee, and accepted by or on behalf of the donee.
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