Test: CLAT PG Practice Test - 5 - CLAT PG MCQ

A lunatic person cannot enter into a contract while he is of unsound mind and any agreement if entered, the lunatic will not be held liable. But, when a lunatic is of sound mind i.e. during lucid intervals, he can enter into a contract and can be held liable for such contracts.

The right of the following five classes of persons to claim maintenance will be ... Adult children are not entitled to maintenance, unless they are infirm or weak.

Section 6 in the Transfer of Property Act, 1882 states that. ... The General rule related to Transfer of Property is that property of any kind may be transferred and this property can be movable or immovable. Property of any kind can be transferred from one party to another.

The word ‘sine die’ (Latin "without day") means that the proceeding was not given a date for continuation or "without assigning a day for a further meeting or hearing" i.e., Adjournment sine die means without assigning a day for a further meeting or hearing.

The Supreme Court allowed compensation of Rs. 23.84 lakhs and later allowed additional compensation of Rs. 47 lakhs to the farmers whose crops got damaged, being irrigated by subsoil water drawn from a stream which was polluted from untreated effluents of 22 industries.

Assertion (A) : In case of vicarious liability a master is held liable for negligence of his servant in driving his vehicle in the course of employment.
Reason (R) : Municipal Corporation cannot be held liable for the negligence of its servant in driving a vehicle belonging to corporation in course of its business.
(A) is right, but (R) is wrong.

As per Article 155 and Article 156 of the Constitution, a Governor of a state is appointed by the President, and he or she holds office “during the pleasure of the President” for a term of five years.

The upper caste Hindus did not appreciate with the lower caste from the ve:ry beginning. The caste system of the Hindu society had killed the missionary spirit of Hindu religion. According Ambedkar, caste is a notion, a state of mind. ... In Hindu religion, the Brahmins are the intellectual class of Hindu society.

The swimmer in this scenario cannot be considered guilty or liable for any legal consequences. Here's why:
1. No Civil Liability: The swimmer cannot be held liable under civil law for payment of compensation because there is no legal duty for a bystander to rescue someone in danger. While it is morally expected for individuals to help in such situations, the law does not impose a legal obligation to do so.
2. No Non-performance of Fundamental Duty: Similarly, the swimmer cannot be held liable for non-performance of a fundamental duty because there is no legal duty for a bystander to rescue someone in danger. The primary responsibility lies with the lifeguards, parents, or other individuals entrusted with supervising the pool.
3. Not Guilty: The swimmer is not guilty of any crime or wrongdoing. While it may be argued that the swimmer could have taken action to save the child, the law does not mandate or criminalize failure to act in such circumstances. Criminal liability typically requires a legal duty to act or a specific legal provision that defines the failure to act as a crime.
4. Criminal Neglect: The swimmer cannot be found guilty of criminal neglect as there is no legal duty for a bystander to rescue someone in danger. Criminal neglect generally involves a legal duty of care towards a person, such as a parent's duty to provide care for their child or a caregiver's duty to attend to their patient.
In summary, the swimmer in this scenario cannot be held liable or guilty for failing to rescue the drowning child as there is no legal obligation to do so. However, it is important to note that this response is based on a general understanding of legal principles and may vary depending on the jurisdiction and specific laws in place.

SeemaVs Ashwin Kumar AIR 2006 SC 1158 case, the Supreme Court held that it is desirable that "all marriages should be Compulsorily Registered in the State, where they are solemnized.The officials said the Supreme Court, in the Seema vs Ashwani Kumar case of 2006, had directed the states and the Centre that marriages of all persons who are citizens of India belonging to various religious denominations should be made compulsorily Legislation aimed at protecting women registerable

This he has stated and admitted on page 3 of the statement. ...... the defendant and the same was allowed by this Court vide order ... Indian Limitation Act, as the same is much beyond the ... apply in the case in hand, inasmuch as, the law laid down by the ...... transfer by minor is void ab-initio and in that case the question.

Justice Holmes said that if one wishes to know that law is, one should view it through the eyes of a bad man who is only concerned with what will happen to him if he does certain things. Oliver Wendell Holmes Jr. was an American jurist who served as an Associate Justice of the Supreme Court of the United States from 1902 to 1932, and as Acting Chief Justice of the United States in January–February 1930.

Taking Rights Seriously is a 1977 book about the philosophy of law by Ronald Dworkin. In this landmark book, Dworkin argues against the dominant philosophy of Anglo-American legal positivism as presented by H. L. A. Hart in The Concept of Law (1961) and utilitarianism by proposing that rights of the individual against the state exist outside of the written law and function as "trumps" against the interests or wishes of the majority.
Most of the book's chapters are revised versions of previously published papers. In addition to his critique of legal positivism and utilitarian ethics, Dworkin includes important discussions of constitutional interpretation, judicial discretion, civil disobedience, reverse discrimination, John Rawls' theory of justice, and the Hart–Devlin debate on legislating morality.
A revised edition of book was published in 1978 and includes a lengthy reply by Dworkin to his critics.

The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, usually known as the Basel Convention, is an international treaty that was designed to reduce the movements of hazardous waste between nations, and specifically to prevent transfer of hazardous waste from developed to less developed countries (LDCs). It does not, however, address the movement of radioactive waste. The Convention is also intended to minimize the amount and toxicity of wastes generated, to ensure their environmentally sound management as closely as possible to the source of generation, and to assist LDCs in environmentally sound management of the hazardous and other wastes they generate.
The Convention was opened for signature on 22 March 1989, and entered into force on 5 May 1992. As of October 2018, 186 states and the European Union are parties to the Convention. Haiti and the United States have signed the Convention but not ratified it

Professor Gattini will introduce “Decisions of the ICJ in the Case Law of Other ..... generations of humankind, on the basis of equity and in accordance with their ... Article 2(1): “Each State Party to the present Covenant undertakes to take steps, ... c. the general principles of law recognized by civilized nations;.

Administrative law, the legal framework within which public administration is ... public authorities of all kinds engaged in administration; their relations with ... It can be asserted that all states, irrespective of their economic and political ... It is for this reason that they are given powers not normally conferred on private persons.

The Child Marriage Restraint Act, 1929, passed on 28 September 1929, in the Imperial Legislative Council of India, fixed the age of marriage for girls at 14 years and boys at 18 years which was later amended to 18 for girls and 21 for boys.
It is popularly known as the Sarda Act, after its sponsor Harbilas Sarda. It came into effect six months later on 1 April 1930 and applied to all of British India.

• It was a result of the social reform movement in India. Despite strong opposition from the British authorities, the legislation was passed by the British Indian Government which had a majority of Indians.
• However, it lacked implementation from the British Indian government, largely due to the fear of British authorities losing support from their loyal Hindu and Muslim communalist groups.
• The Child Marriage Restraint Act was the first social reform issue that was taken up by organized women in India. They played a major role in the development of argument and actively used the device of the political petition and in the process contributed to the field of politics.

List-I
(a) Marriage during Iddat period is
(b) Marriage with an impotent person is
(c) Marriage below the age of 18 years is 
(d) Marriage with a person of unsound mind is
List-II
(i) Voidable
(ii) Valid
(iii) Voidable
(iv) Voidable

The term "natural law" is ambiguous. ... According to natural law moral theory, the moral standards that govern human behavior are, in some sense, objectively derived from the nature of human beings and the nature of the world. While being logically independent of natural law legal theory, the two theories intersect.

He says that the quasi contracts basically contracts implied by law denote the nature of evidence established through which the plaintiff can claim but the obligation arises out by the law. ... Quasi contracts are not entered by implied words but are operated on the basis of the conduct of the parties.

But before the third Judge could hear the matter, the Union of India was ... The context of S.R. Bommai also gives us an idea about the federal structure of ... He makes statement that federalism is a basic feature of our constitution is ... the other two judges have made no attempt to answer the observation of Justice Sawant.19

- Section 153A of the Indian Penal Code deals with promoting enmity between different groups on grounds like religion, race, place of birth, residence, language, etc., and acts prejudicial to harmony.

 

Positivism is a philosophical theory stating that certain ("positive") knowledge is based on ... Positivism also holds that society, like the physical world, operates according to general ... to discuss law (positive law compared to natural law) since the time of Chaucer. .... The third principle is most important in the positive stage.

Religious faith is a part of the fundamental right to privacy, under Article 21 of the Constitution. This article equated the right to privacy with the right to life, dignity and liberty.
The right to privacy is an element of various legal traditions to restrain governmental and private actions that threaten the privacy of individuals. Over 150 national constitutions mention the right to privacy. The right to privacy is an element of various legal traditions to restrain governmental and private actions that threaten the privacy of individuals.

The right to education in the Universal Declaration of Human Rights ... personality and the strengthening of respect for human rights and fundamental freedoms; (2) the ... mimicking Article 12 of the American Declaration of the Rights and Duties of Man. .... and for the principles enshrined in the Charter of the United Nations".

Scienti non fit injuria is not a valid defence in tort.

Table - A
b. Frustration
a. Promise
d. Agreement in restraint of marriage
c. Effect of refusal to accept the offer of performance
Table - B
i. Section 56
ii. Section 2(d)
iii. Section 26
iv. Section 38

The offences other than those mentioned cannot be compounded. The offences punishable laws other than the Penal Code are not compoundable. Only the person named in the third column of Section 320 can legally compound an offence under Section 320.

“Criminal intimidation” as defined in Section 503 IPC is as under: “503

The minimum strength of council of ministers in a state as per the Constitution is 12 and maximum is 15 percent of Legislative Assembly.

• The President of India does not have existed without the council of ministers, but Governor has (at the time of the President’s rule).
• Article 163: Council of Ministers to aid and advise Governor.
• Article 164: Other provisions as to Ministers.