Sample Test: Legal Aptitude - CLAT

Here the explanation for the ans will be, as the master of sanjay has told him to drop the customer and return back, he wasn't ordered to drop his fiancé to her home and she got into the car in her own risk so she cannot sue anyone, as the accident was not the fault of the company, if there is the matter of compensation so the company is not liable to pay any compensation, the appropriate Answer is option a.

 Nuisance is an injury to the right of a person in possession of a property to undisturbed enjoyment of it and result from an improper use by another person in his property.
In the present case, the fruits and vegetable seller was lawfully selling his fruits and vegetables as he had a license to do so. Moreover, the queue before his shops was because of people who needed onions from him and not directly because of him as he is not interfering with others' use or enjoyment of land or some right over, or in connection with it. Hence, the defendant is not liable for nuisance.

Deducing from the above principle damages can be claimed only in cases of breach of legal obligation to take care which results in a legal injury (which can be foreseen).

In the above situation the damage caused to Lekha could not be foreseen by a man of ordinary prudence (in this case krish) and therefore no damages can be claimed by Lekha.

Pavan started a typing class in his own house , that is his property . And , he can enjoy or do whatever he wishes to do under his area that's his land or house . He is said to have committed an offence when he was doing unlawful activities . Private nuisance unlawfully obstructs others' delight throughout everyday life or property. The damage caused must be huge and of a sort that would influence a normal individual or property in a similar network.

A is correct option because according to the principle 'X' fulfils all conditions for trespassing of goods and intention in tort is negligible, intention of defendant matters in law of crimes.

Any conversation between wife and husband does not amount to publication and thus does not amount to defamation as it is protected under the law as private.

The government will be responsible for any criminal act committed during the working hours by the government servant. Thus the assertion is wrong.

The court puts us in the same place as we were before infringement of our legal right by awarding us compensation. Hence, a person can ask for damages on infringement of his/her legal right.

Rule of Last Opportunity means that he who had the last opportunity of avoiding an accident, notwithstanding the negligence of the other, is solely responsible .So the answer is D 

The defamatory statement can be both oral and written but it is essential that it must be communicated to the third party.

As per principal the Contingent contracts are permissible in law only if the events that they refer to are possible.

The performance of the contract depends on the happening or non-happening of a particular event in future. This dependence on a probable future event distinguishes a contingent contract from a standard contract.This event must be uncertain, meaning happening or non-happening of the future event isn’t certain, i.e., it might or might not happen.

Answer should D. In fact B convey the price and A agree with that so, A and B enter into a contract to purchase the cycle.

Section 37 of indian contract act 1872, the illustration 2 states that - A promises to paint a picture for B by a certain day, at a certain price. A dies before the day. The contract cannot be enforced either by A's representatives or by B.

A contracts with B to deliver 100 bales of cotton to him. The scheduled delivery date is 19.10.2014. The date is fixed thus he is not free from his legal obligations.

it can't be the correct explanation of the first one as it doesn't explain why all void contracts can't be illegal.It just gives a fact that all illegal contracts.

The Fundamental Rights are defined as basic human freedoms that every Indian citizen has the right to enjoy for a proper ad harmonious development of personality further part III of constitution provides the State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention , be void.
 
Thus it can easily be concluded that the given assertion and reason individually stand true also reason is the correct explanation of the assertion.

When he cuts the tree it becomes an object of Theft as he had a dishonest intent, Explanation 2 and 3 tell us that when he cuts the tree he moves it and hence A has committed theft.

The principles mentioned here are the explanations of section 378 of IPC.
Thus illustration F of this section states that ‘A finds a ring belonging to Z on a table in the house which Z occupies. Here the ring is in Z’s possession, and if A dishonestly removes it, A commits theft.’

Option c is correct because that ring was out on anybody's possession if in fact it describe that ring found in any institute like temple etc where facility of counter of report available then it is theft. Principal said that theft = movable property with dishonestly intention, without possession of that person consent is theft here he had no intention hence one of important consent of theft is absent it is not theft.

The principles mentioned here are the explanations of section 378 of IPC
Thus illustration J of this section ‘If A owes money to Z for repairing the watch, and if Z re­tains the watch lawfully as a security for the debt, and A takes the watch out of Z’s possession, with the intention of depriving Z of the property as a security for his debt, he commits theft, in as much as he takes it dishonestly.’

The principles mentioned here are the explanations of section 378 of IPC
Thus illustration P of this section
A, in good faith, believing property belonging to Z to be A’s own property, takes that property out of B’s possession. Here, as A does not take dishonestly, he does not commit theft.
 

The correct explanation is A.
crime is punishable because it is provided in the law because
crime is revolting to the moral sense of the society.

Freedom of Speech and expression means the right to express one’s own convictions and opinions freely by words of mouth, writing, printing, pictures or any other mode.
 
Freedom of expression has four broad special purposes to serve:
1) It helps an individual to attain self-fulfillment.
2) It assists in the discovery of truth.
3) It strengthens the capacity of an individual in participating in decision-making.
4) It provides a mechanism by which it would be possible to establish a reasonable balance between stability and social change.

India is a federal (or quasi-federal) democratic republic with a parliamentary system of government largely based on the UK model.] Parliament is the “supreme legislative body of India” comprised of the President and the two Houses – Rajya Sabha (the Council of States) and the Lok Sabha.

The highest  law making body of the Union Government is called the Parliament. In India, it is bicameral in nature.

Preamble to the Constitution of India is a brief introductory statement that sets out the guiding purpose and principles of the document, and it indicates the source from which the document derives its authority, meaning, the people. It goes like below:
“We, the people of India, having solemnly resolved to constitute India into a Sovereign, Socialist, Secular, Democratic Republic and to secure to all its citizens:
Justice, social, economic and political,
Liberty of thought, expression, belief, faith and worship,
Equality of status and of opportunity; and to promote among them all
Fraternity assuring the dignity of the individual and the unity and integrity of the Nation.

The Preamble has been amended only once in year 1976 by Constitution 42nd Amendment Act 1976. The words 'secular', 'socialist' and 'integrity' were added.

Dr. Rajendra Prasad was the President of the Constituent Assembly. It was composed for the purpose of drafting and adopting a constitution. The Constituent Assembly held its first meeting on December 9, 1946. Dr. Sachchidanand Sinha, the oldest member, was elected as the temporary President of the Assembly.  Later, on December 11, 1946, Dr. Rajendra Prasad and H C Mukherjee were elected as the President and Vice-President of the Assembly respectively. 

The Constitution Assembly set up a Drafting Committee under the Chairmanship of Dr. B. R. Ambedkar  on 29 August, 1947 to prepare a Draft Constitution for India. The Constitution of India was adopted by the Constituent Assembly on 26 November 1949 and came into force on 26 January 1950.

The assertion part (A) is Article 30 of the Indian constitution where all minorities have the right to establish and administer educational institutes. 
The reason (R) is false as the state can not discriminate on granting funds to any educational institute on the basis of it being a minority.

Basically article 12 to 35 is related to Fundamental rights and article 21 is come under the ' Right of Freedom' and moving anywhere within the territory of India is one of the right of Freedom.

Article 21 A provides for free and compulsory education to children by the state to children of the of 6 to 14 years. This provision excludes the adolescent age of 14 to 18 years.

Article 30 of the Indian constitution grants many rights to the religious or linguistic minorities in the country.
Subsection 1 of this section states All minorities (religion or language) shall have the right to administer and establish educational institutions of their choice in the country.

The source of India's sovereignty lies with the Preamble as it reads that India is a sovereign country, which means India is free from outside control.

Yielding the floor : The speaker of the Lok sabha can ask a member of the house to stop speaking and let another member speak.
Crossing the floor : Passing between the member addressing the House and the Chair which is considered breach of Parliamentary etiquette.
Point of Order : A Member of Parliament may raise a point of order if he feels that the proceedings of' the House do not follow the normal rules. The presiding officer decides whether the point of order raised by the member should be allowed.
Calling Attention Motion : With the prior permission of the Speaker, any member of the Parliament may call the attention of a Minister to a matter of urgent public importance. The Minister may make a brief statement about the matter or he may ask for time to make a statement later.

The Zero Hour is an Indian innovation in parliamentary proceedings. The time immediately following the Question Hour has come to be known as "Zero Hour".
The duration of the zero hour is 30 minutes.

The state of madhya pradesh in the heart of india has the highest number of six tribal reserved seats for lok sabha.

The concept of the 5-year plan was borrowed from the USSR into the Indian constitution. 
From the year 1947 to 2017, the Indian economy was highly premised with the concept of planning and it was carried through 5-year plans. 
After that, it is developed, executed as well as monitored by means of the planning commission & NITI Aayog.

In India, an Advocate General is a legal advisor to a state government. The post is created by the Constitution of India and corresponds to that of Attorney General of India at the central level.

The correct option is C.
The issues involves in this case were as follows-

• Growth in incidents of custodial tortureand deaths by police.
• Arbitrariness of police in arresting people.

It has been pointed out that compulsory registration of marriages would be a step in the right direction for the prevention of child marriages still prevalent in many parts of the country.

In the Minerva Mills case, the Supreme Court provided key clarifications on the interpretation of the basic structure doctrine. The court also explained the relationship between the provisions of Part III and Part IV and held that in the process of achieving Part IV provisions there shall be no abrogation of Fundamental Rights. The court justifies this proposition on the basis that the foundation of the constitution is the harmonious relation between Fundamental Rights & Directive Principles of State Policy. Striking a harmonious balance between the provisions of Part III & Part IV is where justice lies and making one part subservient to another would only lead to chaos. The provisions of Part IV must be achieved but without abrogation of FR’s and anything which shakes this balance violates the essential balance of the Constitution. Therefore, the court in strict terms laid down that the balance between DPSP’s & FR’s is Basic Structure of the Constitution.

The Bar Council of India is a statutory body established under the section 4 of advocates Act 1961 that regulates the legal practice and legal education in India. Its members are elected from amongst the lawyers in India and as such represents the Indian bar. It prescribes standards of professional conduct, etiquettes and exercises disciplinary jurisdiction over the bar. It also sets standards for legal education and grants recognition to Universities whose degree in law will serve as a qualification for students to enroll themselves as advocates upon graduation.

A complaint has to be filed within two years from the date on which the cause of action/ deficiency in service/defect in goods arises.

It's a Latin phrase.Damnum: Damage (also a popular and not so offensive curse word nowadays) Sine:without injuria: injury

Delinquency implies conduct that does not conform to the legal or moral standards of society; it usually applies only to acts that, if performed by an adult, would be termed criminal. A juvenile delinquent in the United States is a person who is typically below 18 years of age and commits an act that otherwise would have been charged as a crime if they were an adult. Depending on the type and severity of the offense committed, it is possible for people under 18 to be charged and treated as adults.

An ex gratia payment is made to an individual by an organization, government, or insurer for damages or claims, but it does not require the admittance of liability by the party making the payment. ... In Latin, “ex gratia” means “from favor.”

Discharge of a contract means termination of a contract. It is the act of making a contract or agreement null. A discharged contract refers to contract that is fully performed.

Discharge may take place by:

1. Performance of the contract.

2. Accord and satisfaction.

3. Release.

4. Set off.

5. Rescission of the contract.

Amendment, in government and law, an addition or alteration made to a constitution, statute, or legislative bill or resolution. Amendments can be made to existing constitutions and statutes and are also commonly made to bills in the course of their passage through a legislature.