Test: CLAT PG Mock Test - 4 - CLAT PG MCQ

In criminal law, irresistible impulse is a defense by excuse, in this case some sort of insanity, in which the defendant argues that they should not be held criminally liable for their actions that broke the law, because they could not control those actions, even if they knew them to be wrong. It was added to the M'Naghten rule as a basis for acquittal in the mid 20th century.

India has not ratified the core/fundamental Conventions, namely Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. ... The main reason for non-ratification of ILO Conventions No. 87 & 98 is due to certain restrictions imposed on the Government servants. Hence, option 4 is correct.

There is no time limit to file FIR, but it is better to file at the earliest, so that witness and evidences do not get tampered, here it is almost one month had gone, and now filing F I R , will yield little result.

The precautionary principle (or precautionary approach) generally defines actions on issues considered to be uncertain, for instance applied in assessing risk management. The principle is used by policy makers to justify discretionary decisions in situations where there is the possibility of harm from making a certain decision taking a particular course of action) when extensive scientific knowledge on the matter is lacking. The principle implies that there is a social responsibility to protect the public from exposure to harm, when scientific investigation has found a plausible risk. These protections can be relaxed only if further scientific findings emerge that provide sound evidence that no harm will result.
A.P. Pollution Control Board Vs. M.V. Nayudu.

As many other Members elected for three-year terms by the General Assembly as may be necessary to ensure that the total number of members of the Trusteeship Council is equally divided between those Members of the United Nations which administer trust territories and those which do not.
The Security Council shall be so organized as to be able to function continuously. Each member of the Security Council shall for this purpose be represented at all times at the seat of the Organization.
iii and iv both are not correctly matched. Hence , option 3 is correct. 

1, 2 and 4 are correct. A telephone number is not considered Personally Identifiable Information under the law, so technically there's not a legal obligation to protect that information.” Companies use your cellphone to track your spending habits and also use it as your mobile identity. Hence , option 1 is correct .

Section 64 of the IT Act, 2000: Recovery of penalty and compensation. A penalty imposed or compensation awarded under this Act, if it is not paid, shall be recovered as an arrear of land revenue and the licence or the 70 Electronic Signature Certificate, as the case may be, shall be suspended till the penalty is paid.
The Section 64 is further divided into four parts.

The Supreme Court in the said case held that in order to prevent abuse of its process and to cure gross miscarriage of justice, it may reconsider its judgements in exercise of its inherent powers. For this purpose, the court has devised what has been termed as a "curative" petition.

In the retributivist theory of punishment, the punishment is seen as a form of 'payback' for the crimes one has committed. Mostly retributive justice seeks to punish a person for a crime in a way that is compensatory for the crime.

Legal Rules Regarding Consideration: Following are the rules as to consideration: Every contract must be supported by consideration: No valid contract can arise without consideration. According to Salmond A promise without consideration is a gift; one made with consideration is a bargain.

The Indian constitution, in 1950, declared Hindi in Devanagari script to be the official language of the union. Unless Parliament decided otherwise, the use of English for official purposes was to cease 15 years after the constitution came into effect, on 26 January 1965.

Usage represents the twilight stage of custom. Usage represents the twilight zone of custom, custom begins where usage ends. When States in their international relations start behaving in a particular way in certain circumstances, it is expected that in the similar circumstances they will behave in the same way (usage).

A standard form contract (sometimes referred to as a contract of adhesion, a leonine contract, a take-it-or-leave-it contract, or a boilerplate contract) is a contract between two parties, where the terms and conditions of the contract are set by one of the parties, and the other party has little or no ability to negotiate more favorable terms and is thus placed in a "take it or leave it" position.

Legal provisions regarding power of Judicial Magistrate to record confessions and statements under section 164 of the Code of Criminal Procedure, 1973.
Any confession made to a police officer is totally inadmissible evidence because the police, by and large, is not as yet considered trustworthy. It is apprehended that any power given to the police to record confessing or statements is more likely to be misused and that the overzealous police officers might, in the apparent exercise of such power, extort or fabricate confessions and manipulate statements.

Intangible personal property can include any item of worth that is not physical in nature but instead represents something else of value. Examples of intangible personal property include patents, copyrights, life insurance contracts, securities investments and partnership interests.

The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea treaty, is the international agreement that resulted from the third United Nations Conference on the Law of the Sea (UNCLOS III), which took place between 1973 and 1982.

Section 82 says nothing is an offence which is done by a child under seven years of age and Section 83 says nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion.

The petitioner alleges that he is the President of a recognised Union, namely U.P. Laghu Sinchai Awar Abhiyanta Sangh'. Relying on the transfer policy dated April 15, 1997, contained in Para-11 thereof, the learned counsel for the petitioner contends that by reason of the guideline, the petitioner being District level President of the recognised Union, he can not be transferred within two years from the date of his election as President. Therefore, the order of transfer which is Annexure 'I' to the writ petition, dated June 17, 1997, cannot be given effect to, so far as the petitioner is concerned.
Onkarnath Tiwari V. Chief Engineer, Minor Irrigation Department.

The correct statement(s) in relation to 'muta' marriage are as follows:
(a) It is a temporary marriage.
(c) It is recognized under Shia law.
(d) It is a marriage for a fixed period.
Explanation for each statement:
(a) It is a temporary marriage:
'Muta' marriage is a type of temporary marriage in Islamic law, particularly practiced by Shia Muslims.
It is a contractual marriage for a fixed duration.
(c) It is recognized under Shia law:
'Muta' marriage is recognized and practiced under Shia law.
Shia Muslims believe that it is permissible based on certain conditions and guidelines.
(d) It is a marriage for a fixed period:
'Muta' marriage involves a predetermined time period agreed upon by the parties involved.
The marriage contract specifies the duration, which can range from a few hours to several years.
Therefore, the correct answer is option D: Only (a), (c) and (d) are correct.

After the House is dissolved, the Speaker, who is the presiding officer of the House, continues to hold the position until the newly elected House is constituted. This means that the Speaker remains in office until the first meeting of the House of the People (Lok Sabha) after the dissolution.
During this period, the Speaker carries out their duties and responsibilities as the head of the House. They maintain order during the proceedings, decide on points of order, and ensure that the rules and procedures of the House are followed.
It is important to note that the Speaker does not have to submit their resignation to the President of India or get removed from the office immediately after the dissolution of the House. The continuity of the Speaker's role ensures that there is stability and continuity in the functioning of the legislative body during the transition period between the dissolution of one House and the formation of the next.
Therefore, option A is the correct answer.

Section 87: Act not intended and not known to be likely to cause death or grievous hurt, done by consent.—Nothing which is not intended to cause death, or grievous hurt, and which is not known by the doer to be likely to cause death or grievous hurt, is an offence by reason of any harm which it may cause,  to any person, above eighteen years of age, who has given consent to take the risk of that harm.

Hagerstorm rejected the notion of law as command and insisted on morals or as he puts common sense notion of justice as a necessary aspect of law.

Strict liability, also referred to as “absolute liability,” applies to such issues as injuries or other damages caused by a defective product, damages caused by animals, and engaging in certain hazardous activities. An individual or entity may be held strictly liable in both civil and criminal actions.

I. Assertion
Generally, a master is not criminally liable merely because his servant has committed a negligent act.
II. Reason
In the ordinary course of employment, a master may be criminally liable for the negligent acts of the servant.
In general, a master is not held criminally liable for the negligent acts committed by their servant. This is because the servant is considered an independent agent responsible for their own actions. The master may be held civilly liable for the servant's negligence, but not criminally liable.
However, there are certain circumstances where a master can be held criminally liable for the negligent acts of their servant. This occurs in the ordinary course of employment when the servant is acting within the scope of their employment and their negligent act is directly connected to their duties or responsibilities. In such cases, the master may be held criminally liable as they have a duty to properly supervise and control their employees.
Therefore, while the assertion in I is generally true, the reason in II provides the genuine explanation for when a master may be criminally liable for the negligent acts of their servant.

The social interest theory is a theory that attempts to explain the relationship between a person and the people he deals with in his society. However Some kids get subjected to certain conditions that prevents them from developing social interest or that lets them develop minimal social interest.

Judgement should be delivered to the parties or to their pleaders in the open court
By reading the whole of the judgement, By reading out the operative part of the judgement, By delivering the whole of the judgement. Hence . option 4 is correct.

The main organs of the UN are the General Assembly, the Security Council, the Economic and Social Council, the Trusteeship Council, the International Court of Justice, and the UN Secretariat.

Pith and substance is a legal doctrine in Canadian constitutional interpretation used to determine under which head of power a given piece of legislation falls. The doctrine is primarily used when a law is challenged on the basis that one level of government be it provincial or federal has encroached upon the exclusive jurisdiction of another level of government.