Legal Studies: CUET Mock Test - 10 - Humanities/Arts MCQ

Following are the requirements for an acceptance:

• Must necessarily be by the person to whom the offer was made
• Must be in the form prescribed by the offeror
• Must be a conscious response to the offer
• Must be unqualified (It must be a complete and unequivocal assent to every element of the offer)

Explanation to Section 17 of the Indian Contract Act clearly states that mere silence as to facts likely to affect the willingness of a person to enter into a contract is not fraud, unless the circumstances of the case are such that, regard being had to them, it is the duty of the person keeping silence to speak, or unless his silence, is, in itself, equivalent to speech.
Thus, option 3 is the answer.

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.

In the given situation, Robert has misrepresented the mileage of the car to induce Daniel into buying the car. Thus, the contract is voidable at the option of Daniel due to misrepresentation of Robert. Section 18 of the Indian Contract Act, 1872 deals with this situation. The valid contracts are all those contracts when all parties agree to the agreement (after an offer has been made by one party and accepted by the other). Something of value must be exchanged, such as cash, services or goods (or a promise to exchange such an item) for something else of value.

(A) Correct: Arbitration agreements can be oral or written, as long as both parties consent.
(B) Incorrect: The arbitral award is binding and enforceable, similar to a court judgment.
(C) Correct: The Arbitration and Conciliation Act, 1996 governs the arbitration process in India.
(D) Incorrect: The parties in arbitration can select the arbitrator.

In the present case, the contract is void as the consideration of the same i.e. kidnapping of child is unlawful. No obligations arise out of a void contract. Section 24 of the Indian Contract Act, 1872 states that a contract, whose object or consideration is unlawful, is void. The valid contracts are all those contracts when all parties must be in agreement (after an offer has been made by one party and accepted by the other). Something of value must be exchanged - such as cash, services or goods (or a promise to exchange such an item) - for something else of value.

Novation means substitution of new contract in place of an old one.
Alteration means changing one or more terms of the contract.

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.

It was held by the Supreme Court of India that Preamble was not a part of the Constitution in the case of Berubari Union and this has been overruled in the case of Kesavananda Bharati. Berubari case overlooked the motion adopted by the Constituent Assembly which stated that the Preamble stands as a part of the Constitution. The error came to be corrected in Kesavananda Bharati case where the majority of the Judges specifically ruled that the Preamble was as much a part of the Constitution as any other provision therein.
So, option 1 is the correct answer.

Secularism in India means equal treatment of all religions by the State. According to the Indian Constitution, there is no official religion of India, but it treats all religions equally. There should be equal freedom of religion to all persons, and no one shall be criminalised or favoured based on religion. However, the statement given under (R), i.e. 'Secularism means separation of religion from politics', is the western concept. But, instead of separating religion from politics, the Indian Constitution emphasises more on the equality of religions. Therefore, (R) is wrong.

The National Commission for Scheduled Tribes (NCST) was established by amending Article 338 and inserting a new Article 338A in the Constitution through the Constitution (89th Amendment) Act, 2003. By this amendment, the erstwhile National Commission for Scheduled Castes and Scheduled Tribes was replaced by two separate Commissions namely- (i) the National Commission for Scheduled Castes (NCSC), and (ii) the National Commission for Scheduled Tribes (NCST) w.e.f. 19 February, 2004.

The Preamble to the Constitution of India declares that India is a secular country. The term secularism refers to the governmental practice of indifference towards religion. Secular politics attempt to prevent religious philosophies or bodies from influencing governmental policies. The philosophy that the Indian constitution upholds is a kind of secular humanism made relevant through a historical development of the ideology within the context of religious pluralism in India.

The distinction between DPSP and Fundamental Rights is that the Fundamental Rights can be enforced in the Court of Law, i.e. in case if the right is infringed we can approach the courts to enforce it. However, DPSP are not enforceable.

Criminal liability arises when the crime moves from preparation to an attempt.

The preparation stage is when the person plans or sets the stage for committing the crime, but it does not yet constitute liability.

At the attempt stage, the defendant has taken substantial steps towards completing the crime, but it is not yet fully carried out.

The commission stage is when the crime is fully completed, and the act is punishable by law.

Criminal liability arises when the crime transitions from preparation to the attempt stage.

B. R. Ambedkar called 'Article 32' of the Indian Constitution, i.e. Right to Constitutional remedies as 'the heart and soul of the Constitution'. It was acknowledged because mere declaration of the fundamental right without an effective machinery for enforcement of the fundamental rights would have been meaningless.

French administrative law is known as Droit Administratif, which means a body of rules which determines the organization, powers and duties of public administration and regulates the relation of the administration with the citizen of the country.

Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rule making, adjudication, or the enforcement of a specific regulatory agenda. Administrative law as a law is limited to concerning powers and procedures of administrative agencies. It is limited to the powers of adjudication or rule-making power of the authorities.

(A) Correct: The CrPC lays down the procedures for the investigation and trial of criminal offenses.
(B) Incorrect: The CrPC focuses on procedure, not the substantive law of crimes.
(C) Correct: Cognizable offenses allow police to arrest without a warrant.
(D) Incorrect: Non-cognizable offenses require police to obtain permission from a magistrate before making an arrest.

The meaning of rule of law, is that no man is above law and also that every person is subject to the jurisdiction of ordinary courts of law irrespective of their position and rank. Thus, option 4 is the correct answer.

• Arbitration Act, 1996 provides the framework for arbitration (1).
• Lokpal addresses corruption in India (2).
• Administrative Tribunals deal with government-related disputes (3).
• Mediation and Conciliation Act, 1996 governs mediation and conciliation processes (4).

• Right to Equality: Ensures equal protection of the law and equality before it.
• Right to Freedom: Secures freedoms like speech, assembly, and movement.
• Right to Religion: Protects the freedom to practice, propagate, and manage religious affairs.
• Cultural and Educational Rights: Protects the rights of minorities to preserve their culture and access education.

• Age requirement: Advocates must be at least 21 years old to practice law.
• Citizenship requirement: The Act requires that the advocate must be a citizen of India to practice law, but foreign nationals can also practice if their country has a reciprocal arrangement.
• Educational requirement: An advocate must possess an LLB degree from an Indian University.
• Foreign qualifications: Foreign-trained lawyers can qualify to practice law in India by meeting specific requirements such as having their degree reviewed and accepted.

• National Legal Aid Fund: Receives funding from the central government to ensure national coverage for legal aid.
• State Legal Aid Fund: Supported by the state government to implement legal services at the state level.
• District Legal Aid Fund: Financed by district authorities to provide local legal services.
• Legal Aid Grants: Additional funding from private donations or grants provided by courts to support legal aid efforts.

• Ombudsman investigates complaints in the public sector (2).
• Lokayukta addresses corruption issues at the state level (1).
• Legal Services Authorities Act, 1987 provides legal aid to weaker sections (3).
• Lok Adalat resolves disputes quickly and provides speedy justice (4).

Prof. A.V. Dicey denounced the Droit system of administration as being a system where no justice was possible, while in theory Dicey's renunciation appeared reasonable. In practice it is often rightly pointed out that this system of justice was far more efficient than its contemporary common law systems.

The nature of administrative law is not rigid and streamlined and the general principles are well-settled but their application depends necessarily on the totality of the circumstances and facts.