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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The dual system of practitioners was seen as discriminatory and outdated.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.
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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.
|
Anjali Sharma answered |
No, the termination is not valid as Suraj's (claimant) statement is enough to proceed.
Power to terminate the proceedings: The Act under Section 25 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. However, 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.
Power to terminate the proceedings: The Act under Section 25 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. However, 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.
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.
|
|
Amita Das 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.
Denying free legal aid is- a)violation of fundamental right
- b)violation of directive principles
- c)contempt of court
- d)none of these
Correct answer is option 'B'. Can you explain this answer?
Denying free legal aid is
a)
violation of fundamental right
b)
violation of directive principles
c)
contempt of court
d)
none of these
|
|
Amita Das answered |
Equal justice and free legal aid is dealt under Article 39A of the Constitution of India. It reads as:
The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
Therefore, denying free legal aid is violation of directive principles.
The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
Therefore, denying free legal aid is violation of directive principles.
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.
Which of the following is a leading case on tort of negligence?- a)Bourhill v Young
- b)M.C Mehta v Union of India
- c)Donoghue v Stevenson
- d)Cooper v Cooper
Correct answer is option 'C'. Can you explain this answer?
Which of the following is a leading case on tort of negligence?
a)
Bourhill v Young
b)
M.C Mehta v Union of India
c)
Donoghue v Stevenson
d)
Cooper v Cooper
|
|
Amita Das answered |
Donoghue v Stevenson was a landmark court decision in Scots delict law and English tort law by the House of Lords. It laid the foundation of the modern law of negligence in common law jurisdictions worldwide, as well as in Scotland, establishing general principles of the duty of care.
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 statements is/are correct?
Statement I: The process for removal of the judges is exactly the same for both the Supreme Court and the High Courts.
Statement II: Inquiry into the grounds for removal of judges is done by a committee of three members.- a)Only I
- b)Only II
- c)Both I and II
- d)Neither I nor II
Correct answer is option 'C'. Can you explain this answer?
Which of the following statements is/are correct?
Statement I: The process for removal of the judges is exactly the same for both the Supreme Court and the High Courts.
Statement II: Inquiry into the grounds for removal of judges is done by a committee of three members.
Statement I: The process for removal of the judges is exactly the same for both the Supreme Court and the High Courts.
Statement II: Inquiry into the grounds for removal of judges is done by a committee of three members.
a)
Only I
b)
Only II
c)
Both I and II
d)
Neither I nor II
|
|
Anjali Sharma answered |
Judges of the Supreme Court and the High Courts can be removed through a process called 'impeachment'. The process for removal of the judges is exactly the same for both the Supreme Court and the High Courts. This has been stated explicitly in the Constitution of India.
As a part of the process of impeachment, an inquiry is made into the grounds of removal of the judges. The grounds for removal include: (i) proven misbehaviour or (ii) incapacity. The inquiry into these grounds is made under the Judges Inquiry Act, 1986. This inquiry is done by a committee of three members, of which two are judges - one from the Supreme Court and second is the Chief Justice of High Court. If the complaint is against the high court judge, then two judges from the Supreme Court constitute this Committee.
As a part of the process of impeachment, an inquiry is made into the grounds of removal of the judges. The grounds for removal include: (i) proven misbehaviour or (ii) incapacity. The inquiry into these grounds is made under the Judges Inquiry Act, 1986. This inquiry is done by a committee of three members, of which two are judges - one from the Supreme Court and second is the Chief Justice of High Court. If the complaint is against the high court judge, then two judges from the Supreme Court constitute this Committee.
Which of the following is/are not the professional duty/duties of an advocate?- a)Duty to respect the court
- b)Duty to refrain from adopting unfair means
- c)Duty to impair impartiality
- d)All the above
Correct answer is option 'C'. Can you explain this answer?
Which of the following is/are not the professional duty/duties of an advocate?
a)
Duty to respect the court
b)
Duty to refrain from adopting unfair means
c)
Duty to impair impartiality
d)
All the above
|
Upsc Rank Holders answered |
The Bar Council of India Rules encompass professional standards for lawyers, as laid down by the Bar Council. The key duties of an advocate can be summarised as follows:
An advocate has a duty to act in a dignified manner, to respect the court, not to communicate with a judge in private and impair impartiality, not to act in an illegal manner towards the opposition, to refuse to represent clients who insist on adopting unfair means. In addition, being an office of the Court, an advocate is expected to uphold and maintain the values of the profession.
An advocate has a duty to act in a dignified manner, to respect the court, not to communicate with a judge in private and impair impartiality, not to act in an illegal manner towards the opposition, to refuse to represent clients who insist on adopting unfair means. In addition, being an office of the Court, an advocate is expected to uphold and maintain the values of the profession.
Earlier, International Law was known by the name of- a)Transnational Law
- b)Code of International Law
- c)Law of Nations
- d)Law of World
Correct answer is option 'C'. Can you explain this answer?
Earlier, International Law was known by the name of
a)
Transnational Law
b)
Code of International Law
c)
Law of Nations
d)
Law of World
|
Sushil Kumar answered |
This option is correct because earlier, International Law was known by the name of 'Law of Nations'.
International Law is a set of rules generally regarded and accepted in relations between nations. It serves as a framework for the practice of stable and organised international relations.
International Law differs from state-based legal systems in that it is primarily applicable to countries rather than to individual citizens.
International Law is a set of rules generally regarded and accepted in relations between nations. It serves as a framework for the practice of stable and organised international relations.
International Law differs from state-based legal systems in that it is primarily applicable to countries rather than to individual citizens.
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
|
|
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.
Corpus delicti means- a)body of the crime
- b)person guilty of crime
- c)by itself
- d)crime carries the person
Correct answer is option 'A'. Can you explain this answer?
Corpus delicti means
a)
body of the crime
b)
person guilty of crime
c)
by itself
d)
crime carries the person
|
|
Anjali Sharma answered |
Corpus delicti is a Latin term meaning "body of the crime". In its original sense, the body in question refers not to a corpse but to the body of essential facts that, taken together, prove that a crime has been committed. It is the essential facts that prove that a crime has been committed. The doctrine of corpus delicti is the requirement that proves that a crime has been committed prior to allowing a confession to be admitted into evidence.
In ________, lawyers are forbidden to advertise on television, radio and in the cinemas, but are permitted to advertise in print media.- a)Hong Kong
- b)France
- c)USA
- d)Germany
Correct answer is option 'A'. Can you explain this answer?
In ________, lawyers are forbidden to advertise on television, radio and in the cinemas, but are permitted to advertise in print media.
a)
Hong Kong
b)
France
c)
USA
d)
Germany
|
|
Anjali Sharma answered |
Countries like the USA, the UK and France are more flexible with granting permission for legal ads whereas Hong Kong, Singapore and Malaysia are moving towards progressive relaxation. In Hong Kong, for example, lawyers are forbidden to advertise on television, radio and in the cinemas but are permitted to advertise in print media.
A contract is not frustrated by- a)commercial impossibility
- b)imposition of government restriction or order
- c)destruction of subject matter of contract
- d)death or incapability of party when contract is of the personal services
Correct answer is option 'A'. Can you explain this answer?
A contract is not frustrated by
a)
commercial impossibility
b)
imposition of government restriction or order
c)
destruction of subject matter of contract
d)
death or incapability of party when contract is of the personal services
|
|
Amita Das answered |
Option (1) is correct: A contract under the Indian Contract Act, 1872 is not frustrated by mere commercial impossibility. Mere commercial impossibility will not excuse a party from performing the contract. Mere increased cost of performance or losing in a transaction does not make the contract impossible. A man is not prevented from performing his contract by mere economic unprofitableness.
Option (2) is incorrect: A contract stands frustrated by imposition of government restriction.
Option (3) is incorrect: A contract stands frustrated by destruction of subject matter.
Option (4) is incorrect: A contract stands frustrated by death or impossibility of party when contract is of the personal services.
Option (2) is incorrect: A contract stands frustrated by imposition of government restriction.
Option (3) is incorrect: A contract stands frustrated by destruction of subject matter.
Option (4) is incorrect: A contract stands frustrated by death or impossibility of party when contract is of the personal services.
Consider the following statements.
Statement I: In India, there is a complete ban on advertising by lawyers.
Statement II: The USA is more flexible in comparison to India with granting permission for legal ads.- 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 'B'. Can you explain this answer?
Consider the following statements.
Statement I: In India, there is a complete ban on advertising by lawyers.
Statement II: The USA is more flexible in comparison to India with granting permission for legal ads.
Statement I: In India, there is a complete ban on advertising by lawyers.
Statement II: The USA is more flexible in comparison to India with granting permission for legal ads.
a)
Only I is correct.
b)
Only II is correct.
c)
Both I and II are correct.
d)
Neither I nor II is correct.
|
|
Nilesh Chakraborty answered |
Explanation:
Statement I:
- In India, there is a complete ban on advertising by lawyers.
- The Bar Council of India prohibits lawyers from participating in any form of advertisement.
- This restriction is in place to maintain the dignity of the legal profession and prevent misleading information from reaching the public.
Statement II:
- The USA is more flexible in comparison to India with granting permission for legal ads.
- In the USA, lawyers are allowed to advertise their services through various mediums such as TV, radio, billboards, and online platforms.
- The American Bar Association has guidelines in place to ensure that these advertisements are ethical and do not contain false or misleading information.
Conclusion:
- Therefore, only Statement II is correct as the USA indeed has more lenient regulations when it comes to legal advertising compared to India.
Statement I:
- In India, there is a complete ban on advertising by lawyers.
- The Bar Council of India prohibits lawyers from participating in any form of advertisement.
- This restriction is in place to maintain the dignity of the legal profession and prevent misleading information from reaching the public.
Statement II:
- The USA is more flexible in comparison to India with granting permission for legal ads.
- In the USA, lawyers are allowed to advertise their services through various mediums such as TV, radio, billboards, and online platforms.
- The American Bar Association has guidelines in place to ensure that these advertisements are ethical and do not contain false or misleading information.
Conclusion:
- Therefore, only Statement II is correct as the USA indeed has more lenient regulations when it comes to legal advertising compared to India.
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.
Which of the following best depicts Nudum Pactum?- a)A fraudulent promise
- b)A promisor who gives an illegal consideration
- c)A person who is not eligible to give compensation
- d)A promise without consideration
Correct answer is option 'D'. Can you explain this answer?
Which of the following best depicts Nudum Pactum?
a)
A fraudulent promise
b)
A promisor who gives an illegal consideration
c)
A person who is not eligible to give compensation
d)
A promise without consideration
|
|
Anjali Sharma answered |
Consideration is a benefit to each party that has entered into a contract. A nudum pactum may be in verbal or written form. These agreements have no legal action, since they are naked contracts, i.e. without consideration. This means that the agreements do not fall within the specific categories of agreements that can provoke legal action. However, an agreement may create a modification of or exception to an obligation already in effect.
Which of the following statements is incorrect?- a)The decision rendered by an arbitrator is known as an arbitral award.
- b)The arbitral award can be enforced in the same manner as a court order.
- c)The arbitrator has no power to grant interim reliefs.
- d)The arbitral award has no precedential value.
Correct answer is option 'C'. Can you explain this answer?
Which of the following statements is incorrect?
a)
The decision rendered by an arbitrator is known as an arbitral award.
b)
The arbitral award can be enforced in the same manner as a court order.
c)
The arbitrator has no power to grant interim reliefs.
d)
The arbitral award has no precedential value.
|
|
Anjali Sharma answered |
Arbitration is a procedure in which a dispute is submitted to one or more arbitrators who makes a decision on the dispute. The decision rendered by an arbitrator is known as an arbitral award. Once an arbitral award is rendered, it is recognised and enforced (given effect to) akin to a court pronounced judgment or order. In addition to an arbitral award, the arbitrator also holds power and authority to grant interim measures, like a judge in the court. Unlike a judgment rendered by a judge in the court, the award does not hold precedential value.
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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Anjali Sharma answered |
On the careful reading of the passage, in contract of work for hire, the contract needs to be written and not oral. Hence, the copyright will remain with Y.
With respect to an Advocate on Record, point the odd one out:- a)Has to be enrolled with the Bar Council of India for at least 5 years
- b)Has completed 1 year training with an AOR of not less than 5 years standing
- c)Is accountable for the conduct of the case
- d)Wears gowns that have flaps on the shoulder
Correct answer is option 'D'. Can you explain this answer?
With respect to an Advocate on Record, point the odd one out:
a)
Has to be enrolled with the Bar Council of India for at least 5 years
b)
Has completed 1 year training with an AOR of not less than 5 years standing
c)
Is accountable for the conduct of the case
d)
Wears gowns that have flaps on the shoulder
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|
Anjali Sharma 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. 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. It is the senior advocates who wear gowns that have flaps on the shoulders and not the Advocate on record, so option 4 is the odd one out.
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
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|
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.
The solemn resolution in the Preamble to our Constitution is made in the name of- a)Constituent Assembly of Free India
- b)Constitution of India
- c)Indian Independence Act
- d)People of India
Correct answer is option 'D'. Can you explain this answer?
The solemn resolution in the Preamble to our Constitution is made in the name of
a)
Constituent Assembly of Free India
b)
Constitution of India
c)
Indian Independence Act
d)
People of India
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Amita Das answered |
Option (1) is incorrect: No such provision is there in the Preamble to our Constitution.
Option (2) is incorrect: No such provision is there in the Preamble to our Constitution.
Option (3) is incorrect: No such provision is there in the Preamble to our Constitution.
Option (4) is correct: The starting words of the Preamble are: "WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India..."
So, the solemn resolution in the Preamble to our Constitution is made in the name of People of India.
Option (2) is incorrect: No such provision is there in the Preamble to our Constitution.
Option (3) is incorrect: No such provision is there in the Preamble to our Constitution.
Option (4) is correct: The starting words of the Preamble are: "WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India..."
So, the solemn resolution in the Preamble to our Constitution is made in the name of People of India.
Which is the correct statement with regard to the professional ethics of a lawyer?- a)Lawyers have no right to go on strike or give a call for boycott.
- b)An advocate shall not influence the decision of a court by any illegal or improper means.
- c)An advocate abusing the process of the court is guilty of misconduct.
- d)All of the above
Correct answer is option 'D'. Can you explain this answer?
Which is the correct statement with regard to the professional ethics of a lawyer?
a)
Lawyers have no right to go on strike or give a call for boycott.
b)
An advocate shall not influence the decision of a court by any illegal or improper means.
c)
An advocate abusing the process of the court is guilty of misconduct.
d)
All of the above
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|
Anjali Sharma answered |
It is settled law that it is unprofessional as well as unbecoming for a lawyer who has accepted a brief to refuse to attend Court even in pursuance of a call for strike or boycott by the Bar Association or the Bar Council. It is settled law that Courts are under an obligation to hear and decide cases brought before them and cannot adjourn matters merely because lawyers are on strike. As an officer of the Court the lawyer is, therefore, bound to uphold the dignity and integrity of the Court; to exercise at all times respect for the Court in both words and actions; to present all matters relating to his client's case openly, being careful to avoid any attempt to exert private influence upon either the judge or the jury. Thus, 'all of the above' is the correct answer option.
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
|
|
Anjali Sharma answered |
A Senior Advocate, is an advocate who has been officially designated as such by either the Supreme Court or the High Court. A Senior Advocate cannot file a vakalathnama, appear in the Court without another advocate or advocate-on-record, cannot directly accept an engagement to appear in a case or draft pleadings. Senior Advocates wear gowns that have flaps on the shoulders.
Prajapati was accused of theft and a criminal action was initiated against him. While the trial was pending in the court, Prajapati approached the prosecution and tried to negotiate the matter. He agreed to plead guilty in return for a lesser punishment. Choose the correct option with respect to the above arrangement:- a)This is an example of summary trial.
- b)Theft is a compoundable offence.
- c)This is an example of plea bargaining.
- d)Theft is a non-compoundable offence.
Correct answer is option 'C'. Can you explain this answer?
Prajapati was accused of theft and a criminal action was initiated against him. While the trial was pending in the court, Prajapati approached the prosecution and tried to negotiate the matter. He agreed to plead guilty in return for a lesser punishment. Choose the correct option with respect to the above arrangement:
a)
This is an example of summary trial.
b)
Theft is a compoundable offence.
c)
This is an example of plea bargaining.
d)
Theft is a non-compoundable offence.
|
Anjali Pillai answered |
Plea Bargaining Explained
Plea bargaining is a legal practice where the accused negotiates with the prosecution to plead guilty to a lesser charge in exchange for a lighter sentence. This arrangement is beneficial for both parties; it helps the defendant avoid a potentially harsher punishment and saves the court time and resources.
Key Elements of the Arrangement
- **Negotiation**: Prajapati approached the prosecution with the intention to negotiate.
- **Guilty Plea**: He agreed to plead guilty, which indicates that he is willing to accept responsibility for the crime.
- **Lesser Punishment**: The arrangement involves a promise of lesser punishment, a hallmark of plea bargaining.
Understanding Theft and Compounding Offences
- **Theft as a Non-Compoundable Offence**: Theft is generally considered a non-compoundable offence, meaning that it cannot be settled between the victim and the accused outside of court. The state retains the right to prosecute.
- **Compoundable vs. Non-Compoundable**: Compoundable offences allow for settlement between the parties involved, while non-compoundable offences require a formal trial process.
Conclusion
Given the context of Prajapati's situation, the correct answer is indeed option 'C'—this is an example of plea bargaining. The process exemplifies how defendants may seek to mitigate their consequences through negotiation with the prosecution, which is a recognized practice in many legal systems.
Plea bargaining is a legal practice where the accused negotiates with the prosecution to plead guilty to a lesser charge in exchange for a lighter sentence. This arrangement is beneficial for both parties; it helps the defendant avoid a potentially harsher punishment and saves the court time and resources.
Key Elements of the Arrangement
- **Negotiation**: Prajapati approached the prosecution with the intention to negotiate.
- **Guilty Plea**: He agreed to plead guilty, which indicates that he is willing to accept responsibility for the crime.
- **Lesser Punishment**: The arrangement involves a promise of lesser punishment, a hallmark of plea bargaining.
Understanding Theft and Compounding Offences
- **Theft as a Non-Compoundable Offence**: Theft is generally considered a non-compoundable offence, meaning that it cannot be settled between the victim and the accused outside of court. The state retains the right to prosecute.
- **Compoundable vs. Non-Compoundable**: Compoundable offences allow for settlement between the parties involved, while non-compoundable offences require a formal trial process.
Conclusion
Given the context of Prajapati's situation, the correct answer is indeed option 'C'—this is an example of plea bargaining. The process exemplifies how defendants may seek to mitigate their consequences through negotiation with the prosecution, which is a recognized practice in many legal systems.
The doctrine of lis pendens applies where- a)the suit is collusive
- b)transfer is made after the decree of the trial court but during the pendency of an appeal
- c)right to movable property is in question
- d)property is situated outside the territorial jurisdiction of the court
Correct answer is option 'B'. Can you explain this answer?
The doctrine of lis pendens applies where
a)
the suit is collusive
b)
transfer is made after the decree of the trial court but during the pendency of an appeal
c)
right to movable property is in question
d)
property is situated outside the territorial jurisdiction of the court
|
|
Anjali Sharma answered |
If a transfer is made after the decree of the trial court but during the pendency of an appeal, the doctrine of lis pendens will apply because appeal is regarded as continuation of the suit.
Therefore, option 2 is correct.
Therefore, option 2 is correct.
Locus standi means- a)relevant fact
- b)prevented from denying
- c)to make something anew
- d)right to bring an action
Correct answer is option 'D'. Can you explain this answer?
Locus standi means
a)
relevant fact
b)
prevented from denying
c)
to make something anew
d)
right to bring an action
|
|
Anjali Sharma answered |
In legal terms, Locus standi essentially applies to a plaintiff's attempt to show the court that there is ample relation or correlation or cause of action to him from the suit. In other terms, it applies to a person's capacity to put a case before the court of law or to testify before the court of law.
Which of the following is not among the duties of an advocate towards his client?- a)Duty to accept briefs
- b)Duty not to suppress material or evidence
- c)Duty to charge contingency fees
- d)Duty to maintain confidentiality
Correct answer is option 'C'. Can you explain this answer?
Which of the following is not among the duties of an advocate towards his client?
a)
Duty to accept briefs
b)
Duty not to suppress material or evidence
c)
Duty to charge contingency fees
d)
Duty to maintain confidentiality
|
|
Anjali Sharma answered |
An Advocate's duties towards the client include being bound to accept briefs, not to withdraw from service, not to appear in matters where he/she is a witness, not to suppress material or evidence. An Advocate also has to maintain client confidentiality and not to instigate litigation or to charge contingency fee (fee depending on success or favourable result of matters). There is a general duty to ensure that his/her duties do not conflict with the client's interests. An Advocate is also expected not to negotiate directly with the opposing party (only through the opposing advocate) and to carry out legitimate promises made.
A trademark is a visual symbol applied to articles of commerce with a view to distinguish the articles from other. It is in the form of:- a)A word
- b)A device
- c)A label
- d)All of the above
Correct answer is option 'D'. Can you explain this answer?
A trademark is a visual symbol applied to articles of commerce with a view to distinguish the articles from other. It is in the form of:
a)
A word
b)
A device
c)
A label
d)
All of the above
|
|
Anjali Sharma answered |
A trademark is a visual symbol in the form of a word, a device, or a label applied to articles of commerce with a view to indicate to the purchasing public that 'this good is manufactured or otherwise dealt in by a particular person as distinguished from similar goods dealt or manufactured by other persons'. Thus, 'All of the above' is the correct answer option.
The concept of 'Rule of Law' was originated by- a)Montesquieu
- b)Holland
- c)Aristotle
- d)Edward Coke
Correct answer is option 'D'. Can you explain this answer?
The concept of 'Rule of Law' was originated by
a)
Montesquieu
b)
Holland
c)
Aristotle
d)
Edward Coke
|
|
Anjali Sharma answered |
The originator of the concept of rule of law was Sir Edward Coke, the Chief Justice during James I reign. The concept of rule of law is of old origin. The doctrine of rule of law is the entire basis of administrative law. To simply understand the meaning of rule of law, it means 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.
Which of the following statements is/are correct with regard to International Court of Justice?
Statement I: International Court of Justice does not have advisory jurisdiction.
Statement II: International Court of Justice is the primary source of dispute resolution with regard to domestic and international disputes.- a)Only I
- b)Only II
- c)Both I and II
- d)Neither I nor II
Correct answer is option 'D'. Can you explain this answer?
Which of the following statements is/are correct with regard to International Court of Justice?
Statement I: International Court of Justice does not have advisory jurisdiction.
Statement II: International Court of Justice is the primary source of dispute resolution with regard to domestic and international disputes.
Statement I: International Court of Justice does not have advisory jurisdiction.
Statement II: International Court of Justice is the primary source of dispute resolution with regard to domestic and international disputes.
a)
Only I
b)
Only II
c)
Both I and II
d)
Neither I nor II
|
|
Amita Das answered |
The International Court of Justice ('ICJ') is termed as the main judicial branch of the United Nations. The court may have jurisdiction to decide cases in which the parties agree to appear before the court, on their own behest, and agree to be bound by the decision of the ICJ. The court may also be a forum if provided for in a treaty between parties and in certain cases it is compulsory to refer to the court with regard to certain disputes. The court may also give advisory opinions under Articles 65-68 of the Statute of the ICJ to countries. These are not binding but are merely referrals to the ICJ to understand the point of law on the matter. The ICJ is thus, one of the primary sources of dispute resolution available with regard to international disputes when parties are agreeable to settle them on their own accord.
The members of the Taluk Legal Services Committee are prescribed by the:- a)State Government
- b)Chief Justice of the High Court
- c)State Government in consultation with the Chief Justice of High Court
- d)State Government in consultation with the Chief Justice of Supreme Court
Correct answer is option 'C'. Can you explain this answer?
The members of the Taluk Legal Services Committee are prescribed by the:
a)
State Government
b)
Chief Justice of the High Court
c)
State Government in consultation with the Chief Justice of High Court
d)
State Government in consultation with the Chief Justice of Supreme Court
|
Athul Ghosh answered |
Prescription of Members of the Taluk Legal Services Committee
The members of the Taluk Legal Services Committee are prescribed by the State Government in consultation with the Chief Justice of the High Court. This process ensures a balanced and effective composition of the committee.
Role of the State Government
- The State Government plays a vital role in appointing members to the Taluk Legal Services Committee.
- It is responsible for selecting individuals who have a strong understanding of legal matters and can contribute effectively to the committee's objectives.
Consultation with the Chief Justice of the High Court
- The State Government consults with the Chief Justice of the High Court to ensure that the appointed members have the necessary legal expertise and experience.
- The Chief Justice's input helps in selecting individuals who can uphold the principles of justice and fairness in the committee's functioning.
Importance of Collaboration
- The collaboration between the State Government and the Chief Justice of the High Court ensures that the Taluk Legal Services Committee operates with integrity and competence.
- By working together, they can appoint members who are well-suited to address legal issues at the taluk level effectively.
In conclusion, the prescription of members for the Taluk Legal Services Committee by the State Government in consultation with the Chief Justice of the High Court is a crucial step in ensuring the committee's effectiveness in providing legal services and promoting access to justice at the grassroots level.
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.
Which of the following is incorrect?- a)Gift is the transfer of ownership without consideration.
- b)Gift should be accepted during the lifetime of the owner.
- c)If donee dies before acceptance, the gift is void.
- d)Gift may be made only of movable property.
Correct answer is option 'D'. Can you explain this answer?
Which of the following is incorrect?
a)
Gift is the transfer of ownership without consideration.
b)
Gift should be accepted during the lifetime of the owner.
c)
If donee dies before acceptance, the gift is void.
d)
Gift may be made only of movable property.
|
|
Amita Das answered |
Section 122 defines that "gift" is the transfer of certain existing movable or immovable property made voluntarily and without consideration by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee. Acceptance to the gift must be made during the lifetime of the donor and while he is still capable of giving. If the donee dies before acceptance, the gift is void.
In which case was it observed that the court must interpret provisions of the Constitution in light of Charter of the UN?- a)Sheela Barse v. Secretary Children's Aid Society
- b)Magan Bhai Patel v. Union of India
- c)Vishaka v. State of Rajasthan
- d)Kesavananda Bharti v. State of Kerala
Correct answer is option 'D'. Can you explain this answer?
In which case was it observed that the court must interpret provisions of the Constitution in light of Charter of the UN?
a)
Sheela Barse v. Secretary Children's Aid Society
b)
Magan Bhai Patel v. Union of India
c)
Vishaka v. State of Rajasthan
d)
Kesavananda Bharti v. State of Kerala
|
|
Charvi Sharma answered |
Background:
The case of Kesavananda Bharti v. State of Kerala, also known as the Fundamental Rights case, was heard by the Supreme Court of India in 1973. It is considered one of the most landmark cases in Indian constitutional law.
Interpretation of the Constitution:
The Constitution of India is the supreme law of the land, and it provides a framework for governance and protection of fundamental rights. In the Kesavananda Bharti case, the court had to interpret various provisions of the Constitution, including the scope and extent of the amending power of the Parliament.
Conflict and the Charter of the United Nations:
One of the key issues in the case was whether the amending power of the Parliament could be used to destroy or abrogate the basic structure of the Constitution. The petitioners argued that some amendments made by the Parliament were unconstitutional as they violated the basic structure of the Constitution.
During the course of the arguments, the court observed that the Constitution of India is not an isolated document and should be interpreted in light of the changing times and international law. The court specifically mentioned the Charter of the United Nations as a relevant international document that can inform the interpretation of the Constitution.
Reasoning and Importance:
The court's observation that the Constitution should be interpreted in light of the Charter of the United Nations was significant because it emphasized the importance of international law in shaping domestic constitutional interpretation. This approach recognized that India, as a member of the United Nations, is bound by its principles and obligations.
By considering the Charter of the United Nations, the court demonstrated its commitment to a broader understanding of constitutional interpretation and the protection of fundamental rights. It acknowledged that constitutional principles should not be limited to domestic considerations but should also reflect universal human rights norms.
Impact and Legacy:
The Kesavananda Bharti case established the doctrine of basic structure, which holds that there are certain fundamental features of the Constitution that cannot be amended by the Parliament. This doctrine acts as a check on unlimited amending power and ensures the preservation of the core constitutional principles.
The court's observation on the interpretation of the Constitution in light of the Charter of the United Nations further strengthened the doctrine of basic structure. It expanded the scope of constitutional interpretation and highlighted the importance of international law in shaping domestic legal principles.
Overall, the Kesavananda Bharti case marked a turning point in Indian constitutional jurisprudence and reaffirmed the importance of protecting fundamental rights and upholding the basic structure of the Constitution.
The case of Kesavananda Bharti v. State of Kerala, also known as the Fundamental Rights case, was heard by the Supreme Court of India in 1973. It is considered one of the most landmark cases in Indian constitutional law.
Interpretation of the Constitution:
The Constitution of India is the supreme law of the land, and it provides a framework for governance and protection of fundamental rights. In the Kesavananda Bharti case, the court had to interpret various provisions of the Constitution, including the scope and extent of the amending power of the Parliament.
Conflict and the Charter of the United Nations:
One of the key issues in the case was whether the amending power of the Parliament could be used to destroy or abrogate the basic structure of the Constitution. The petitioners argued that some amendments made by the Parliament were unconstitutional as they violated the basic structure of the Constitution.
During the course of the arguments, the court observed that the Constitution of India is not an isolated document and should be interpreted in light of the changing times and international law. The court specifically mentioned the Charter of the United Nations as a relevant international document that can inform the interpretation of the Constitution.
Reasoning and Importance:
The court's observation that the Constitution should be interpreted in light of the Charter of the United Nations was significant because it emphasized the importance of international law in shaping domestic constitutional interpretation. This approach recognized that India, as a member of the United Nations, is bound by its principles and obligations.
By considering the Charter of the United Nations, the court demonstrated its commitment to a broader understanding of constitutional interpretation and the protection of fundamental rights. It acknowledged that constitutional principles should not be limited to domestic considerations but should also reflect universal human rights norms.
Impact and Legacy:
The Kesavananda Bharti case established the doctrine of basic structure, which holds that there are certain fundamental features of the Constitution that cannot be amended by the Parliament. This doctrine acts as a check on unlimited amending power and ensures the preservation of the core constitutional principles.
The court's observation on the interpretation of the Constitution in light of the Charter of the United Nations further strengthened the doctrine of basic structure. It expanded the scope of constitutional interpretation and highlighted the importance of international law in shaping domestic legal principles.
Overall, the Kesavananda Bharti case marked a turning point in Indian constitutional jurisprudence and reaffirmed the importance of protecting fundamental rights and upholding the basic structure of the Constitution.
For the purpose of making a gift of immovable property, the transfer must be affected- a)by delivery of possession
- b)by a registered instrument signed by or on behalf of the donor and duly attested
- c)by simple instrument
- d)by simple instrument accompanied by delivery of possession
Correct answer is option 'B'. Can you explain this answer?
For the purpose of making a gift of immovable property, the transfer must be affected
a)
by delivery of possession
b)
by a registered instrument signed by or on behalf of the donor and duly attested
c)
by simple instrument
d)
by simple instrument accompanied by delivery of possession
|
|
Amita Das answered |
As per Section 123 of the Transfer of Property Act, 1882, for the purpose of making a gift of immovable property, the transfer must be effected by a registered instrument signed by or on behalf of the donor, and attested by at least two witnesses.
In law of Tort, unliquidated damages are always awarded. The meaning of unliquidated is- a)not ascertainable
- b)approximately arrived at
- c)penal and exemplary
- d)Both (1) and (2)
Correct answer is option 'D'. Can you explain this answer?
In law of Tort, unliquidated damages are always awarded. The meaning of unliquidated is
a)
not ascertainable
b)
approximately arrived at
c)
penal and exemplary
d)
Both (1) and (2)
|
|
Anjali Sharma answered |
Unliquidated damages can be defined as the sum of money that cannot be foreseen or assessed by a fixed formula. It is established by a judge in a court on the basis of approximation. Damages are categorised as unliquidated when the amount of damages is unidentifiable or subject to an unforeseen event that makes the amount not calculable.
A person aged 17 years and 11 months made an agreement to take a loan from some other person and promises to bind himself on attaining the age of 18 years. The contract is:- a)valid
- b)voidable
- c)void ab initio
- d)illegal
Correct answer is option 'C'. Can you explain this answer?
A person aged 17 years and 11 months made an agreement to take a loan from some other person and promises to bind himself on attaining the age of 18 years. The contract is:
a)
valid
b)
voidable
c)
void ab initio
d)
illegal
|
|
Anjali Sharma answered |
The agreement with a minor during his period of minority is void ab initio. Also, a promise by a minor to bind himself, on a contract entered during his minority, on attaining majority does not hold good as a minor's agreement cannot be ratified by him on attaining majority.
Therefore, a person aged 17 years and 11 months who made an agreement to take a loan from some other person and promises to bind himself on attaining the age of 18 years is void ab initio.
Hence, option 3 is correct.
Therefore, a person aged 17 years and 11 months who made an agreement to take a loan from some other person and promises to bind himself on attaining the age of 18 years is void ab initio.
Hence, option 3 is correct.
'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.
Which of the following is true with regard to changes brought by Advocate's Act, 1961?
Statement I - All India Bar Council was established.
Statement II - All old categories of practitioners were consolidated into one category.- a)Only I is true.
- b)Only II is true.
- c)Both I and II are true.
- d)Neither I nor II is true.
Correct answer is option 'C'. Can you explain this answer?
Which of the following is true with regard to changes brought by Advocate's Act, 1961?
Statement I - All India Bar Council was established.
Statement II - All old categories of practitioners were consolidated into one category.
Statement I - All India Bar Council was established.
Statement II - All old categories of practitioners were consolidated into one category.
a)
Only I is true.
b)
Only II is true.
c)
Both I and II are true.
d)
Neither I nor II is true.
|
|
Amita Das answered |
After the enactment of the Advocates Act, 1961 all the old categories of practitioners (vakils, barristers, pleaders of several grades, and mukhtars) were abolished and consolidated into a single category called "advocates" who enjoy the right to practice in courts throughout India. The Advocates Act also established an All India Bar Council for the first time, with the Attorney-General and Solicitor General of India as ex-officio members of the Bar Council.
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
|
|
Anjali Sharma answered |
A treaty refers to legally binding written agreements in which states agree to act in a particular manner as specified in the agreement. Treaties are often complex documents, particularly with regards to those involving more than two parties as they are binding upon them and are to be entered into, in good faith. Agreements which are between different nations, but without the intention of creating binding obligations, are not considered treaties, however they may have political effects. A treaty need not be one consolidated document, but may consist of more than one related documents.
With reference to the stages of crime, the severity of punishment is maximum in- a)preparation
- b)attempt
- c)commission
- d)guilty intention
Correct answer is option 'C'. Can you explain this answer?
With reference to the stages of crime, the severity of punishment is maximum in
a)
preparation
b)
attempt
c)
commission
d)
guilty intention
|
|
Anjali Sharma answered |
Commission is when a person actually executes his plans and commits a wrongful act.
The severity of punishment is the maximum in case of the commission of crime.
The severity of punishment is the maximum in case of the commission of crime.
Directions: Read the following passage carefully:Criminal liability has been defined as being responsible for a criminal act. It is an established principle of criminal law that no one should be convicted or held liable for a crime, unless some measure of subjective fault can be attributed to him.This invariably means that such a person must not only actively perform the act (actus anus), but also possess the guilty intention (mens rea) required for the commission of such offence. These two elements are a sine qua non to the commission of any offence as failure to establish those elements leads to an acquittal.
However, it is not all acts that are to be punished. There are certain defences that the law provides which exculpate criminal liability. It is provided for in sections 76 to 106 of Indian Penal Code (IPC), 1860.These defences are based on the fact that although the person committed an offence, he cannot be held criminally liable because as at the time the offence was committed, he was justified of his acts or he had no intention to commit such an offence.Mistake of fact: This exception excludes a person from criminal liability where the person was mistaken as to the existence of some facts or ignorant of the existence of such facts.Accident: This exception excludes a person from criminal liability where such acts occur as a result of an accident. This means that although the person performed the act, such act was devoid of an intention.Essential elements: The act must be an accident or misfortune. The act was done without criminal intention or knowledge. It must be in the performance of a lawful act. It must be exercised in a lawful manner and by lawful means. Such an act must have been done with care and caution.Infancy: According to Section 82 of IPC, nothing is an offence which is done by a child under seven years of age.
By virtue of Section 83 of IPC, a person under the age of twelve, but above the age of seven is not criminally liable for any offence committed, provided such child has not attained maturity of understanding to know that he ought not to do the act or make the omission.
When the child has attained maturity of understanding that he ought not to perform such an act, he becomes criminally liable.Insanity: This exception excludes a person from criminal liability as a result of unsoundness of mind if, at the time of the commission of the offence, the person was incapable of knowing the nature of his acts and that his actions were wrong or contrary to law.Intoxication: The provision for intoxication is stipulated under sections 85 and 86 of the IPC. The difference between these sections is that in the former, a person is intoxicated involuntarily. In the latter, a person is intoxicated voluntarily and he would be held liable for the tort.Q. Ajit was drunk and fought with the wife. In anger, he poured petrol on her and set her on fire and later, started extinguishing the fire. He was held under the court of law. Decide.- a)Ajit would be held liable under criminal conspiracy.
- b)Ajit would not be held liable as he was under the influence of alcohol and was not in his senses.
- c)Ajit would be held liable under Section 86 as he was intoxicated.
- d)None of the above
Correct answer is option 'C'. Can you explain this answer?
Directions: Read the following passage carefully:
Criminal liability has been defined as being responsible for a criminal act. It is an established principle of criminal law that no one should be convicted or held liable for a crime, unless some measure of subjective fault can be attributed to him.
This invariably means that such a person must not only actively perform the act (actus anus), but also possess the guilty intention (mens rea) required for the commission of such offence. These two elements are a sine qua non to the commission of any offence as failure to establish those elements leads to an acquittal.
However, it is not all acts that are to be punished. There are certain defences that the law provides which exculpate criminal liability. It is provided for in sections 76 to 106 of Indian Penal Code (IPC), 1860.
However, it is not all acts that are to be punished. There are certain defences that the law provides which exculpate criminal liability. It is provided for in sections 76 to 106 of Indian Penal Code (IPC), 1860.
These defences are based on the fact that although the person committed an offence, he cannot be held criminally liable because as at the time the offence was committed, he was justified of his acts or he had no intention to commit such an offence.
Mistake of fact: This exception excludes a person from criminal liability where the person was mistaken as to the existence of some facts or ignorant of the existence of such facts.
Accident: This exception excludes a person from criminal liability where such acts occur as a result of an accident. This means that although the person performed the act, such act was devoid of an intention.
Essential elements: The act must be an accident or misfortune. The act was done without criminal intention or knowledge. It must be in the performance of a lawful act. It must be exercised in a lawful manner and by lawful means. Such an act must have been done with care and caution.
Infancy: According to Section 82 of IPC, nothing is an offence which is done by a child under seven years of age.
By virtue of Section 83 of IPC, a person under the age of twelve, but above the age of seven is not criminally liable for any offence committed, provided such child has not attained maturity of understanding to know that he ought not to do the act or make the omission.
When the child has attained maturity of understanding that he ought not to perform such an act, he becomes criminally liable.
By virtue of Section 83 of IPC, a person under the age of twelve, but above the age of seven is not criminally liable for any offence committed, provided such child has not attained maturity of understanding to know that he ought not to do the act or make the omission.
When the child has attained maturity of understanding that he ought not to perform such an act, he becomes criminally liable.
Insanity: This exception excludes a person from criminal liability as a result of unsoundness of mind if, at the time of the commission of the offence, the person was incapable of knowing the nature of his acts and that his actions were wrong or contrary to law.
Intoxication: The provision for intoxication is stipulated under sections 85 and 86 of the IPC. The difference between these sections is that in the former, a person is intoxicated involuntarily. In the latter, a person is intoxicated voluntarily and he would be held liable for the tort.
Q. Ajit was drunk and fought with the wife. In anger, he poured petrol on her and set her on fire and later, started extinguishing the fire. He was held under the court of law. Decide.
a)
Ajit would be held liable under criminal conspiracy.
b)
Ajit would not be held liable as he was under the influence of alcohol and was not in his senses.
c)
Ajit would be held liable under Section 86 as he was intoxicated.
d)
None of the above
|
|
Pragati Bajaj answered |
Explanation:
Intoxication under Section 86 of IPC
- According to Section 86 of the Indian Penal Code, voluntary intoxication does not excuse a person from criminal liability.
- In the case of Ajit, who was drunk and set his wife on fire, he voluntarily consumed alcohol which led to his intoxication.
- Therefore, Ajit would be held liable under Section 86 of IPC as he was intoxicated voluntarily at the time of the commission of the offence.
Key Points:
- Intoxication, whether voluntary or involuntary, does not excuse a person from criminal liability under Section 86 of IPC.
- Ajit's actions of setting his wife on fire while intoxicated voluntarily would make him criminally liable.
- It is important to note that being under the influence of alcohol does not absolve one from criminal responsibility, especially when the act was committed voluntarily and with the knowledge of one's actions.
Intoxication under Section 86 of IPC
- According to Section 86 of the Indian Penal Code, voluntary intoxication does not excuse a person from criminal liability.
- In the case of Ajit, who was drunk and set his wife on fire, he voluntarily consumed alcohol which led to his intoxication.
- Therefore, Ajit would be held liable under Section 86 of IPC as he was intoxicated voluntarily at the time of the commission of the offence.
Key Points:
- Intoxication, whether voluntary or involuntary, does not excuse a person from criminal liability under Section 86 of IPC.
- Ajit's actions of setting his wife on fire while intoxicated voluntarily would make him criminally liable.
- It is important to note that being under the influence of alcohol does not absolve one from criminal responsibility, especially when the act was committed voluntarily and with the knowledge of one's actions.
Directions: The question consists of two statements, one labelled as Principle(s) and the other as Facts. You are to examine the Principle(s) and apply it/them to the given Facts carefully, and select the best option.Principle: No person attending any educational institution recognised by the state or receiving aid out of state funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto.Facts: Junaid was a boy of a Muslim family and son of Mr. Ajiz Khan. He went to the school nearby called St. Barbosa. The school had predominantly the students coming from the Christian religion. In the morning assembly, the students were asked to sing hymns of Bible and other Christian literature praising Lord Jesus. Junaid was reluctant to do so, and he was punished for that. His father sued the school.- a)His father would succeed as Junaid cannot be asked to sing a prayer in the school.
- b)His father would fail as it's the school's rule, and it must be followed.
- c)Junaid must be forced to sing the prayer.
- d)None of these
Correct answer is option 'D'. Can you explain this answer?
Directions: The question consists of two statements, one labelled as Principle(s) and the other as Facts. You are to examine the Principle(s) and apply it/them to the given Facts carefully, and select the best option.
Principle: No person attending any educational institution recognised by the state or receiving aid out of state funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto.
Facts: Junaid was a boy of a Muslim family and son of Mr. Ajiz Khan. He went to the school nearby called St. Barbosa. The school had predominantly the students coming from the Christian religion. In the morning assembly, the students were asked to sing hymns of Bible and other Christian literature praising Lord Jesus. Junaid was reluctant to do so, and he was punished for that. His father sued the school.
a)
His father would succeed as Junaid cannot be asked to sing a prayer in the school.
b)
His father would fail as it's the school's rule, and it must be followed.
c)
Junaid must be forced to sing the prayer.
d)
None of these
|
|
Jaideep Mehta answered |
Principle Analysis
- Principle: The principle states that no person attending any educational institution recognized by the state or receiving aid out of state funds shall be required to take part in any religious instruction or attend any religious worship unless consent is given.
Facts Analysis
- Facts: Junaid, a Muslim student at St. Barbosa, a predominantly Christian school, was asked to sing hymns praising Lord Jesus during the morning assembly. When he refused, he was punished, and his father sued the school.
Conclusion
- Option D: None of these. Junaid's father would not necessarily succeed in the lawsuit. The outcome would depend on the specific laws and regulations in place regarding religious practices in educational institutions. It would be essential to consider the rights of both the school as an institution and Junaid as a student. The case would need to be thoroughly examined to determine the legality of the school's actions and whether they violated Junaid's rights as per the principle mentioned.
- Principle: The principle states that no person attending any educational institution recognized by the state or receiving aid out of state funds shall be required to take part in any religious instruction or attend any religious worship unless consent is given.
Facts Analysis
- Facts: Junaid, a Muslim student at St. Barbosa, a predominantly Christian school, was asked to sing hymns praising Lord Jesus during the morning assembly. When he refused, he was punished, and his father sued the school.
Conclusion
- Option D: None of these. Junaid's father would not necessarily succeed in the lawsuit. The outcome would depend on the specific laws and regulations in place regarding religious practices in educational institutions. It would be essential to consider the rights of both the school as an institution and Junaid as a student. The case would need to be thoroughly examined to determine the legality of the school's actions and whether they violated Junaid's rights as per the principle mentioned.
Which of the following statements is/are incorrect?
Statement I: American Bar Association is the largest voluntary professional body in the world.
Statement II: American Bar Association was founded in the year 1878.- a)Only I
- b)Only II
- c)Both I and II
- d)Neither I nor II
Correct answer is option 'D'. Can you explain this answer?
Which of the following statements is/are incorrect?
Statement I: American Bar Association is the largest voluntary professional body in the world.
Statement II: American Bar Association was founded in the year 1878.
Statement I: American Bar Association is the largest voluntary professional body in the world.
Statement II: American Bar Association was founded in the year 1878.
a)
Only I
b)
Only II
c)
Both I and II
d)
Neither I nor II
|
|
Amita Das answered |
At a federal level, the American Bar Association acts as a voluntary professional body for US lawyers. With over 400,000 members, it is the largest voluntary professional body in the world and has a significant international profile. Members of the legal profession in other countries can become international associates of the ABA. Founded in 1878, the ABA supports the legal profession with practical resources for legal professionals while improving the administration of justice, accrediting law schools, establishing model ethical codes, and more.
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.
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.
Where the proposal and acceptance is through letters, the contract is made at the place where- a)the acceptance is received
- b)the letter of acceptance is posted
- c)both the above answers
- d)none of the above
Correct answer is option 'B'. Can you explain this answer?
Where the proposal and acceptance is through letters, the contract is made at the place where
a)
the acceptance is received
b)
the letter of acceptance is posted
c)
both the above answers
d)
none of the above
|
|
Amita Das answered |
When a contract is made by post, the acceptance is complete as soon as the letter is put into the post box, and that is the place where the contract is made. An interesting implication of the operation of the posting rule is that an acceptance is complete once the letter of acceptance is posted; it makes no difference whether the offeror actually receives the letter.
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).
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.
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