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Test: Persons Disqualified by Law - Judiciary Exams MCQ


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20 Questions MCQ Test Civil Law for Judiciary Exams - Test: Persons Disqualified by Law

Test: Persons Disqualified by Law for Judiciary Exams 2024 is part of Civil Law for Judiciary Exams preparation. The Test: Persons Disqualified by Law questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Test: Persons Disqualified by Law MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: Persons Disqualified by Law below.
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Test: Persons Disqualified by Law - Question 1
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Who is considered legally competent to engage in contractual agreements based on the legal framework in India?

Detailed Solution for Test: Persons Disqualified by Law - Question 1
Individuals who have reached the legal age of majority and are of sound mind are considered capable of entering into contracts as per the legal framework in India. This requirement ensures that individuals have the maturity and capacity to understand the terms and implications of a contract, leading to legally binding agreements.
Test: Persons Disqualified by Law - Question 2
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Which of the following categories of individuals are not allowed to enter into contracts according to the legal framework in India?

Detailed Solution for Test: Persons Disqualified by Law - Question 2
Insolvents are among the categories of individuals not allowed to enter into contracts according to the legal framework in India. This restriction aims to prevent individuals who are unable to meet their financial obligations from entering into agreements that could further exacerbate their financial situation.
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Test: Persons Disqualified by Law - Question 3
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What is one key criterion for determining the legal competency of individuals to engage in contracts according to the legal framework in India?

Detailed Solution for Test: Persons Disqualified by Law - Question 3
The legal framework in India considers the age of majority and soundness of mind as crucial criteria for determining the legal competency of individuals to engage in contracts. This requirement ensures that individuals have the necessary mental capacity and maturity to understand the terms and consequences of contractual agreements.
Test: Persons Disqualified by Law - Question 4
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What type of individuals are legally disqualified from executing agreements under Indian law?
Detailed Solution for Test: Persons Disqualified by Law - Question 4
Alien enemies are the individuals legally barred from executing agreements under Indian law. This legal disqualification arises due to their status as individuals from countries in conflict with India. It is essential to note that contracts with alien enemies during wartime are considered null and void, and any agreement with an alien enemy requires prior approval from the Indian government.
Test: Persons Disqualified by Law - Question 5
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In the case of Feroza Begum and Ors. v. Dewan Daulat Rai Kapoor and Ors, which section of the Code of Civil Procedure delineates the rights of alien enemies and friends in India?
Detailed Solution for Test: Persons Disqualified by Law - Question 5
In the case of Feroza Begum and Ors. v. Dewan Daulat Rai Kapoor and Ors, the rights of alien enemies and friends in India are outlined in Section 83 of the Code of Civil Procedure. This section specifies the legal standing of alien enemies and friends in India, particularly concerning their litigation rights in Indian courts based on their residency status and government permissions.
Test: Persons Disqualified by Law - Question 6
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What is the legal status of contracts entered into with alien enemies during wartime according to Indian law?
Detailed Solution for Test: Persons Disqualified by Law - Question 6
Contracts entered into with alien enemies during wartime are considered null and void according to Indian law. This legal stance aims to prevent agreements that might be influenced by conflicts of interest or other factors related to wartime conditions.
Test: Persons Disqualified by Law - Question 7
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What type of contracts are considered null and void when entered into with individuals from countries in conflict with India?
Detailed Solution for Test: Persons Disqualified by Law - Question 7
Contracts entered into with alien enemies during wartime are considered null and void. This legal principle ensures that agreements made with individuals from countries in conflict with India are not legally enforceable, highlighting the importance of international relations and legal considerations during times of conflict.
Test: Persons Disqualified by Law - Question 8
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According to Indian law, which individuals are legally recognized to execute agreements?
Detailed Solution for Test: Persons Disqualified by Law - Question 8
Contracts with alien friends, individuals from nations with friendly or neutral diplomatic ties with India, are legally recognized. This legal distinction emphasizes the significance of diplomatic relationships in governing the validity and enforcement of agreements made by individuals from foreign nations.
Test: Persons Disqualified by Law - Question 9
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What is the key requirement for any agreement made with an alien enemy under Indian law?
Detailed Solution for Test: Persons Disqualified by Law - Question 9
Any agreement with an alien enemy requires prior approval from the Indian government. This legal provision ensures that agreements made with individuals from countries in conflict with India undergo appropriate scrutiny and oversight by the Indian authorities, maintaining legal clarity and adherence to national interests.
Test: Persons Disqualified by Law - Question 10
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In the judicial perspective outlined in the case of Feroza Begum and Ors. v. Dewan Daulat Rai Kapoor and Ors, what rights are delineated for alien enemies and friends in India?
Detailed Solution for Test: Persons Disqualified by Law - Question 10
The case emphasizes that alien enemies residing in India with government permission can litigate in competent courts, while those without such consent cannot. Additionally, alien enemies residing in foreign countries are restricted from suing in Indian courts. This legal perspective underscores the limitations and permissions granted to individuals from conflicting nations within the Indian legal system.
Test: Persons Disqualified by Law - Question 11
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What is the legal status of convicts regarding entering into contracts during their period of serving a sentence?
Detailed Solution for Test: Persons Disqualified by Law - Question 11
Convicts are individuals who have been sentenced by a competent court to death or life imprisonment, and they are legally restricted from entering into contracts during their period of serving the sentence. This restriction is lifted once the convict completes their sentence or receives a pardon. The disqualification for convicts to enter contracts was eliminated through the Criminal Justice Act of 1948.
Test: Persons Disqualified by Law - Question 12
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What specific types of contracts are insolvents allowed to enter into before being discharged?
Detailed Solution for Test: Persons Disqualified by Law - Question 12
Insolvents are restricted by law from certain activities until they are discharged. They can enter into specific contracts but are prohibited from selling their property, which is overseen by the official receiver.
Test: Persons Disqualified by Law - Question 13
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What happens to the contractual capacity of an insolvent individual post-discharge?
Detailed Solution for Test: Persons Disqualified by Law - Question 13
Following discharge, an insolvent individual regains their ability to enter into contracts, except concerning their property. This restoration of contractual capacity allows them to engage in various agreements and transactions, excluding those related to their property.
Test: Persons Disqualified by Law - Question 14
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What is the primary condition that categorizes an individual as insolvent?
Detailed Solution for Test: Persons Disqualified by Law - Question 14
An individual is classified as insolvent when the total debt in their capital account exceeds the available cash on hand. This financial state restricts certain activities until the individual is discharged, allowing them to enter into specific contracts but prohibiting the sale of their property, overseen by the official receiver.
Test: Persons Disqualified by Law - Question 15
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What legal ruling influences the treatment of trust property owned by an insolvent?
Detailed Solution for Test: Persons Disqualified by Law - Question 15
Trust property owned by an insolvent is not considered their personal property according to the ruling in Banarasi Das v. Bhagat Ram. This legal precedent impacts how assets held in trust are treated in insolvency cases, distinguishing them from personal belongings that can be freely disposed of by the individual.
Test: Persons Disqualified by Law - Question 16
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What role do individuals play when entering into contracts on behalf of a company or corporation?
Detailed Solution for Test: Persons Disqualified by Law - Question 16
Individuals acting on behalf of a company in contract negotiations are considered representatives of the company itself, rather than representing their personal interests. This distinction underscores the legal framework that governs corporate entities and the responsibilities of individuals engaging in contractual agreements on behalf of such organizations.
Test: Persons Disqualified by Law - Question 17
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What type of contracts can a company or corporation enter into, according to legal provisions?
Detailed Solution for Test: Persons Disqualified by Law - Question 17
A company or corporation, as a legal entity, can engage in contracts limited by its Memorandum of Association or specific legislative provisions. This restriction ensures that the entity operates within its designated scope of activities and objectives, in compliance with the law.
Test: Persons Disqualified by Law - Question 18
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In what circumstances can foreign sovereigns and ambassadors seek legal recourse in Indian courts to enforce contracts?
Detailed Solution for Test: Persons Disqualified by Law - Question 18
Foreign sovereigns and ambassadors can seek legal recourse in Indian courts to uphold contracts with the approval of the Central Government. This requirement ensures that their legal actions are regulated and consistent with diplomatic protocols and international agreements.
Test: Persons Disqualified by Law - Question 19
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Why are foreign ambassadors considered legally disqualified from entering into agreements?
Detailed Solution for Test: Persons Disqualified by Law - Question 19
Foreign ambassadors are considered legally disqualified from entering into agreements primarily due to their diplomatic immunity. This immunity protects them from legal actions in the host country, ensuring that they can fulfill their diplomatic duties without the risk of legal entanglements or conflicts of interest.
Test: Persons Disqualified by Law - Question 20
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What privileges do foreign sovereigns and ambassadors typically enjoy in legal proceedings?
Detailed Solution for Test: Persons Disqualified by Law - Question 20
Foreign sovereigns and ambassadors are typically granted special privileges in legal proceedings. These privileges acknowledge their diplomatic status and ensure that they receive appropriate treatment and considerations during legal disputes and contractual matters.
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