Test: CLAT PG Practice Test - 6 - CLAT PG MCQ

Assertion (A) : An accused person cannot be compelled to give his thumb impression, except for comparison.
Reason (R) : It amounts to self incrimination.
(A) is false, but (R) is true.

The principles of natural justice are:
(i) No person can be judge in his own case.
(ii) No person shall be condemned unheard.
both statement are correct.

To deter reckless, unjust, unfair or malafide closure, the requirement of a prior permission for closure by itself cannot be unreasonable restriction on the fundamental right of an employer was observed in Excel Wear V/s. Union of India.The Supreme Court held Ss. 25-O and 25-R to be constitutionally invalid, in violation of A. 19(1)(g) of the Constitution. The Court held that the impugned provisions constitute unreasonable restrictions on the right of closure of business, which is a part of the freedom to carry on business as guaranteed by A.

Assertion (A) : Participation in some manner in the act constituting the offence of common intention by all the persons to be prosecuted is necessary.
Reason (R) : Physical presence at the time of commission of crimes is not mandatory in all cases.
(A) is correct, but (R) is false.

Shall be punished with rigorous imprisonment for a term which shall not be less than six months but which may extend to two years, and shall also be liable to fine. Under Section 166A of the IPC

Indeed, our decision in United States v. Vuitch, 402 U.S. 62 (1971), inferentially is to the same effect, for we there would not have indulged in statutory interpretation favorable to abortion in specified circumstances if the necessary consequence was the termination of life entitled to Fourteenth Amendment protection.

Public Interest Litigation is directly filed by an individual or group of people in the [Supreme Court of India] and High Courts of India and judicial member. It was felt that their interests are undermined by the government .In such a situation, the court directly accepts the public interest litigation. It is a new legal horizon in which court of law can initiate and enforce action to serve and secure significant Public Interest Litigation.

The Allahabad High Court in Arif Khan v. Branch Manager Mahindra Finance Sultanpur & Another observed that writ of Mandamus cannot be issued to a private body, Mahindra and it does not come under the ambit of Article 12 of the Constitution.

The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) is .... Article 16 prohibits "discrimination against women in all matters relating to marriage and family relations. .... was formed on 3 September 1981 after the CEDAW received the 20 ratifications required for it to enter into force.

All human beings are born free and equal in dignity and rights. is correct according to Article I of the Universal Declaration of Human Rights, 1948 All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

This Act may be called the Dowry Prohibition Act, 1961. It extends to the whole of India except the State of Jammu and Kashmir. It shall come into force on such date as the Central Government may, by notification in the official Gazette, appoint.

An important feature of the constitution is the Directive Principles of State ... principles is to create such social and economic conditions which favours a ... Justice Bhagwati on Fundamental Rights and Directive principle, (NEW ... Emphasizing the obligatory nature of the Directive Principles, in his minority opinion delivered.

The “cVIGIL” app has been launched by the Election Commission of India in March 2019. It was launched to enable citizens to report on violations of the election code of conduct.

All are essential constituents of negligence

Basic norm (German: Grundnorm) is a concept in the Pure Theory of Law created by Hans Kelsen, a jurist and legal philosopher. Kelsen used this word to denote the basic norm, order, or rule that forms an underlying basis for a legal system.

In accordance with Article 96, paragraph 1, of the Charter of the United Nations “the General Assembly or the Security Council may request the International Court of Justice to give an advisory opinion on any legal question”.
Article 96, paragraph 2, of the Charter, provides that “the organs of the United Nations and specialized agencies, which may at any time be so authorized by the General Assembly, may also request advisory opinions of the Court on legal questions arising within the scope of their activities”.

Absolute liability is a standard of legal liability found in tort and criminal law of various legal jurisdictions. To be convicted of an ordinary crime, in certain jurisdictions, a person must not only have committed a criminal action, but also have had a deliberate intention or guilty mind (mens rea).

A standard form contract is a contract between two parties that does not allow for negotiation, i.e. take it or leave it. Sometimes it is referred to an adhesion contract or boilerplate contract. It is often a contract that is entered into between unequal bargaining partners.

Although custom is not any formal source yet, its importance in Muslim law cannot be under-estimated. The four formal sources namely, Quran, Sunna, Ijma and Qiyas being fundamental sources, could not include minute details in respect of certain matters.

The statement "The Supreme Court is not bound by the decisions of Privy Council and Federal Court" is true.In that view, they held that the judgments of those Courts were not binding on the High Court. (12) The Supreme Court in -- 'State of Bihar v. Abdul Majid', (G), held that the Supreme Court of India was in no way bound by the decisions given by the former Federal Court of India or by the Privy Council.

INDIAN TRUSTS ACTS, 1882 is an act related to private trusts & trustees. Definition – According to Indian Trust Act, trust means an obligation annexed to the ownership of property, & arising out of a confidence reposed in & accepted by the owner for the benefit of another or for another and owner.

I. Misrepresentation is also a subtle species of fraud:
Misrepresentation refers to the act of making false statements or providing misleading information intentionally in order to deceive someone. It is a form of fraud, although it may be more subtle in nature compared to other forms of fraud. In misrepresentation, the person making false statements or providing misleading information may not necessarily have the intention to harm or deceive, but their actions still result in misleading others. Therefore, statement I is correct.
II. Section 56 of the Indian Contract Act, 1872 does not leave the matter to be determined according to the intention of the parties:
Section 56 of the Indian Contract Act, 1872 is related to the doctrine of frustration. According to this section, when a contract becomes impossible to perform due to an unforeseen event or change in circumstances, which was not anticipated by the parties at the time of entering into the contract, the contract becomes void. This section does not leave the matter of determining the contract's validity or enforceability to the intention of the parties. Instead, it provides a legal framework to deal with situations where performance becomes impossible. Therefore, statement II is also correct.
In summary, both statements I and II are correct.

For not less than one year  an undertaking is closed for any reason whatsoever, every workman is entitled to compensation if such workman has been in the continuous service.

First Information Report (FIR) is a written document prepared by the police when they receive information about the commission of a cognizable offence. It is a report of information that reaches the police first in point of time and that is why it is called the First Information Report.

State of U.P V. Jai Bir Singh (2005) 5 SCC 1. Held: The main aim of Industrial Dispute Act, 1947, is to regulate and harmonize relationship between employers and employees for maintaining industrial peace and social harmony.

Meeting of the minds (also referred to as mutual agreement, mutual assent or consensus ad idem) is a phrase in contract law used to describe the intentions of the parties forming the contract. In particular, it refers to the situation where there is a common understanding in the formation of the contract.

pacta tertiis nec nocent nec prosunt [Latin]: a treaty binds the parties and only the parties; it does not create obligations for a third state, treaties do not create either obligations or rights for third states without their consent.

The basic object of the RTI Act is to empower the citizens, promote transparency and accountability in the working of the Government and make our democracy work for the people in real sense. The Right to Information Act, 2005 empowers citizens to get information from any 'public authority'.

Statement I : Person of inheritance is the owner of the right. 
Statement II : Inheritance is a means to ownership.
Both Statement I and II are individually true statements and Statement II is the correct explanation of Statement I.

Right of passage over Indian Territory case 1954
Temple of Preah Vihear 1962
South-West Africa case 1966
Frontier Dispute 1983