Test: CLAT PG Mock Test - 7 - CLAT PG MCQ

Article 39(e) specifically directs the State not to abuse the health and strength of workers, men and women. relief.— The State shall make provision for securing just and humane conditions of work and for maternity relief. Article 42 of the Constitution incorporates a very important provision for the benefit of women.

Hence option c is the right answer.

Injuria Sine Damno is used in law of torts and is related to damages. The meaning of the above maxim is infringement of an absolute private right without any actual loss or damage. Here the actual damage means physical loss in terms of money, comfort, health, etc.

2. Section 13 (1)(A) of Hindu Marriage Act, 1955

Explanation: The Breakdown theory of divorce is reflected in Section 13(1)(A) of the Hindu Marriage Act, 1955. This section allows for divorce on the grounds of irretrievable breakdown of marriage, meaning that the marriage has broken down beyond repair, and there is no chance of reconciliation between the parties. This section includes provisions for divorce based on the separation of the parties for a specific period or when certain matrimonial offenses have occurred.

Martial law is the imposition of direct military control of normal civilian functions of government, especially in response to a temporary emergency such as invasion or major disaster, or in an occupied territory.

Martial law can be used by governments to enforce their rule over the public, as seen in multiple countries listed below. Such incidents may occur after a coup d'état (Thailand in 2006 and 2014, and Egypt in 2013); when threatened by popular protest (China, Tiananmen Square protests of 1989, 2009's Iranian Green Movement that led to the takeover by Revolutionary Guards); to suppress political opposition (Poland in 1981); or to stabilize insurrections or perceived insurrections (Canada, The October Crisis of 1970). Martial law may be declared in cases of major natural disasters; however, most countries use a different legal construct, such as a state of emergency.

Bodin have the theory of sovereignty for the first time in a proper sense.

Boden is a British clothing retailer selling primarily online and by mail order and catalogue. It was founded by Johnnie Boden in 1991 as a mail-order business. The company sells in several countries, with websites for the United Kingdom, the United States, Germany, and Australia.

Case law is gold in the mine, a few grains of the precious metal to the tons of useless matter, while statute law is coin of the realm ready for immediate use Salmond said this word.

Assertion (A) : The most important power of an owner is the right to exclude others.

Reason (R) : The owner may grant to another many of his rights and yet remain owner.

(A) and (R) are true, but (R) is not the correct explanation of (A).

A precedent is a statement made of the law by a Judge in deciding a case. The doctrine states that within the hierarchy of the English courts a decision by a superior court will be binding on inferior courts. If there is a precedent set by an inferior court, a judge does not have to follow it, but may consider it.

If the bride is below 18, consent of her guardian has been obtained  is not condition for a marriage under section 5 of the Hindu Marriage Act, 1955.

In Islam, iddah or iddat (Arabic: العدة‎; period of waiting) is the period a woman must observe after the death of her spouse or after a divorce, during which she may not marry another man. Its purpose is to ensure that the male parent of any offspring produced after the cessation of a nikah (marriage) would be known. The length of iddah varies according to a number of circumstances.

The iddah of a woman divorced by her husband is three monthly periods, unless she is pregnant in which case the ‘iddah lasts until she gives birth, or unless the marriage was not consummated in which case there is no `iddah, or unless she does not menstruate, in which case "the scholars say that she should observe an ‘iddah of a full year, nine months for pregnancy and three months for ‘iddah.

The doctrine of privity of contract is a common law principle which provides that a contract cannot confer rights or impose obligations upon any person who is not a party to the contract. The premise is that only parties to contracts should be able to sue to enforce their rights or claim damages as such.

Hadley v Baxendale, Rule in Definition: A rule of contract law which limits the defendant of a breach of contract case to damages which can reasonably be anticipated to flow from the breach. In Hadley, there had been a delay in a carriage (transportation) contract.

The decision of the High Court was affirmed by the Irish Court of Appeal, and the case proceeded to the House of Lords. The House of Lords held that there was a "conspiracy to injure", which consisted in the intention to cause harm to others. It is perfectly lawful for one person acting alone to attempt that.

If a question arises as to whether a member of a house has become subject to disqualifications under the 10th schedule of the constitution. The question shall be decided by The chairman or the speaker of such house.

Under the Environment Act, the Central Government is empowered to take measures necessary to protect and improve the quality of environment by setting standards for emissions and discharges of pollution in the atmosphere by any person carrying on an industry or activity; regulating the location of industries

Article 170 of the Constitution of India says so: The Legislative Assembly of each state shall consist of a minimum of 60 and a maximum of 500 members chosen directly from the territorial constituencies of the state.

The rule is of modern growth and seems to have been first stated in this form in the Collector of Madura v. Motoo Ramalinga Sethupathi (1868) 12 M.I. A. 397.

These two statement are  originator of defamatory statement will be liable for the damage resulting from repetitive publication by third persons

a. He himself authorized repetition.
b. Repetition was the natural and probable consequence of his act.

The theory of dualism on the relationship between international law and municipal law was not supported by: Kelsen.While International Law is applied in the relations of the States and to other subjects of International Law, national or State Law which is called municipal law is applied within a state to the individuals and corporate entities which are bearers of rights and duties thereunder.

Constitutive theory. The constitutive theory of statehood defines a state as a person of international law if, and only if, it is recognised as sovereign by other states. This theory of recognition was developed in the 19th century. Under it, a state was sovereign if another sovereign state recognised it as such.

Vice-President Article 56 of the Indian Constitution makes it clear that the term of the President is five years from the date on which he enters the office. His term may terminate ear- lier (i) by resignation addressed to the Vice-President, or (ii) by removal by impeachment for violation of the Constitution.

The Securities Contract (Regulation) Act was passed in 1956.
The Securities Contracts (Regulation) Act, 1956 also known as SCRA is an Act of the Parliament of India enacted to prevent undesirable exchanges in securities and to control the working of stock exchange in India.

Salmond said "living persons come and go but this creation of law remains for ever". Alexander Elliot Anderson Salmond is a Scottish politician who served as the First Minister of Scotland from 2007 to 2014. He was the leader of the Scottish National Party for over 20 years, serving two terms, from 1990 to 2000 and from 2004 to 2014.

The Maintenance of Public Order is not the concern of the Local- Self Government. It has been mentioned in the state list under schedule 7 of the constitution, hence it's a concern of state governments. The maintenance of public order has been stipulated under the 10th chapter of CrPC 1973. Public health and sanitation are mentioned in the 12th schedule. Public utility services are also part of the local self-government.

Section 26 of the Companies Act, 2013 requires disclosure in the prospectus of names and addresses of CFO about sources of promoters' contribution among other things.

The term personality has been derived from the Latin word 'Persona' that was associated with Greek theatre in ancient times. According to the concept of mask, personality was thought to be the effect and influence which the individual wearing a mask left in the audience.

Section 391 of the Indian Penal Code defines robbery; It says that when five or more than five conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery, and persons present and aiding such commission or attempt, amount to five or more, every person so committing, attempting or aiding, is said to commit “dacoity”.

To commit dacoity, three essentials must be there. These essentials are:

• There should be at least five or more than five persons;
• They should conjointly commit or attempt to commit dacoity;
• They should have dishonest intentions.

Functions and Duties. Inter-State Council is a recommendatory body and it investigates and discusses such subjects, in which some or all of the States or the Union and one or more of the States have a common interest, for better coordination of policy and action concerning that subject.

To deal with the mounting backlog of cases, the Supreme Court cleared the way for the appointment of retired judges as ad-hoc judges in High Courts under Article 224 A of the Constitution. There are almost 40% vacancies remaining in the regular appointments (both permanent and additional judges) over the last two years. The appointments can follow the procedure laid down in the Memorandum of Procedure for the appointment of judges. Since the nominees have been judges before, the need to refer the matter to the IB or other agencies would not arise, shortening the time period.

Philosopher Jan Narveson described Nozick's book as "brilliant". Cato Institute fellow Tom G. Palmer writes that Anarchy, State, and Utopia is "witty and dazzling", and offers a strong criticism of John Rawls's A Theory of Justice.