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Legal Studies: CUET Mock Test - 3 - CUET MCQ


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40 Questions MCQ Test CUET Mock Test Series - Legal Studies: CUET Mock Test - 3

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Legal Studies: CUET Mock Test - 3 - Question 1

Indian Constitution empowers the Supreme Court to frame its rules for regulating the practice and procedure of the court. Which article of the constitution provides for the same?

Detailed Solution for Legal Studies: CUET Mock Test - 3 - Question 1

The Constitution of India under Article 145 empowers the Supreme Court to frame its own rules for regulating the practice and procedure of the court as and when required (with the approval of the President of India).

Legal Studies: CUET Mock Test - 3 - Question 2

Directions: Consider the statements and choose the correct answer.
(A) CJI can appoint duly qualified person as additional judge of HC.
(R) Appointment of additional judge is made due to temporary increase in business of house.

Detailed Solution for Legal Studies: CUET Mock Test - 3 - Question 2

Only statement (R) is correct. With temporary increase in business of court, the President can appoint duly qualified persons as additional judge of HC as per Article 224 of the Constitution for a period not exceeding 2 years.

Legal Studies: CUET Mock Test - 3 - Question 3

In view of Doctrine of Judicial Review, which of the following are true?

  1. It is the basic structure feature of Indian Constitution.
  2. The power of judicial review can be curtailed through constitutional amendment.
  3. It tests the constitutionality of legislative acts.

Detailed Solution for Legal Studies: CUET Mock Test - 3 - Question 3

Judicial review is part of basic structure of Indian constitution which examines the constitutionality of legislative enactments. As the power of judicial review is one of the basic features of the Constitution, any legislation cannot override or curtail this power. Moreover, it has been ruled by the Supreme Court in various cases that the basic structure cannot be amended. So, option 3 is the correct answer.

Legal Studies: CUET Mock Test - 3 - Question 4

Directions: In this question, one or more principle(s) is/are given and is/are followed by fact(s). Read the principle(s) carefully and apply it/them to the given fact(s) and choose the most appropriate option.

Principle 1: Whoever, intending to take dishonestly any movable property out of the possession of any person without that person's consent moves that property in order to such taking, is said to commit theft.
Principle 2: Whoever, being in any manner entrusted with property or with any dominion over property, dishonestly misappropriates or converts to his own use that property or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged or of any legal contract, express or implied, which he has made touching the discharge of such trust or wilfully suffers any other person so to do, commits criminal breach of trust.

Facts: Ramlal, going on pilgrimage to Ayodhya, entrusts his gold plate to Arunesh, the keeper of a warehouse, till Ramlal shall return. Arunesh carries the plate to a goldsmith and sells it.

Q. What offence has been committed by Arunesh, if any?

Detailed Solution for Legal Studies: CUET Mock Test - 3 - Question 4

Arunesh was entrusted with the gold plate and he misappropriated it to his own use, so he committed the offence of criminal breach of trust.

Legal Studies: CUET Mock Test - 3 - Question 5

Assertion (A): In an inquisitorial system, the judge takes centre stage in dispensing justice.
Reason (R): The judge determines facts and issues in dispute.

Detailed Solution for Legal Studies: CUET Mock Test - 3 - Question 5

In the inquisitorial system of law, judges are more pro-active in adjudicating the matter. Rather than acting as neutral judges, they have rights to inquire and probe into the matter, much like the police. The judge/decision maker also decides the manner in which the evidence must be presented before the court. For example, the judge may decide for presentation of a specific form of evidence, i.e. oral (witness statement) or documentary (correspondence between the parties through letters/emails) or a combination of both. The judge then evaluates the evidence presented before him/her and decides upon the legal claims. Therefore, this model of adjudication is also known as the interventionist/investigative model.

Legal Studies: CUET Mock Test - 3 - Question 6

Abhishek and Ankita were involved in a business where a dispute arose and the same was referred to arbitration. The award given by the arbitrator was in the form of a wager. Identify the ground on which the award can be set aside:

Detailed Solution for Legal Studies: CUET Mock Test - 3 - Question 6

A wager is opposed to public policy, so the award can be set aside on the ground of violation of public policy. An arbitral award rendered in an arbitration may be struck down or invalidated by the courts. The grounds of such invalidation are limited to: incapacity of a party to enter into arbitration agreement in the first place, improper appointment of arbitrator, dispute falling outside the terms of the arbitration agreement, bias on the part of arbitrator, award violating public policy at large.

Legal Studies: CUET Mock Test - 3 - Question 7

Gopal is a neighbour of Pankaj. Gopal hangs wet clothes on his balcony and the dripping water spoils the clothes of Pankaj. This situation leads to a fight between the two. How can the dispute be best resolved between the two parties?

Detailed Solution for Legal Studies: CUET Mock Test - 3 - Question 7

The dispute between Gopal and Pankaj can be best resolved by mediation as this alternative dispute resolution method doesn't require any advice from third parties or individuals like in conciliation and binding settlement in Arbitration methods, requiring to submit arguments and evidence.

Legal Studies: CUET Mock Test - 3 - Question 8

'The state of Nature has a law of Nature to govern it, which obliges everyone and reason, which is that law, teaches all mankind who will but consult it, that being all equal and independent, no one ought to harm another in his life, health, liberty or possessions.' This is a quote by

Detailed Solution for Legal Studies: CUET Mock Test - 3 - Question 8

Western thinkers influenced the definition of human rights like, John Locke, Jean-Jacques Rousseau, and Thomas Paine. The above lines were quoted by John Locke, who was one of the greatest philosophers in Europe at the end of the seventeenth century.

Legal Studies: CUET Mock Test - 3 - Question 9

Match List - I with List - II and select the correct answer with the help of codes given below:

Detailed Solution for Legal Studies: CUET Mock Test - 3 - Question 9

The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine.
Article 30(1) states that all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
Article 21 of the Indian Constitution provides that no one shall be deprived of his life or personal liberty without the procedure established by law. The right to leave or travel abroad and the right to return India are considered to be the part of article 21 of the Constitution.
Article 16 of the Indian Constitution guarantees equal opportunity to all citizens in matters related to employment in the public sector.

Legal Studies: CUET Mock Test - 3 - Question 10

Directions: The question consists of two statements, one labelled as Principle(s) and the other as Facts. You are to examine the Principle(s) and apply it/them to the given Facts carefully, and select the best option.

Principle: No person attending any educational institution recognised by the state or receiving aid out of state funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto.

Facts: Junaid was a boy of a Muslim family and son of Mr. Ajiz Khan. He went to the school nearby called St. Barbosa. The school had predominantly the students coming from the Christian religion. In the morning assembly, the students were asked to sing hymns of Bible and other Christian literature praising Lord Jesus. Junaid was reluctant to do so, and he was punished for that. His father sued the school.

Detailed Solution for Legal Studies: CUET Mock Test - 3 - Question 10

It is not given whether the school is private or government aided. So, the correct answer is the fourth one.

Legal Studies: CUET Mock Test - 3 - Question 11

On what ground(s) can the National Commission for Minorities refuse to admit a complaint?

Detailed Solution for Legal Studies: CUET Mock Test - 3 - Question 11

The Union Government set up the National Commission for Minorities under the National Commission for Minorities Act, 1992. The National Commission for Minorities is vested with powers of a civil court. There are many grounds on which the Commission typically declines admitting the complaint. Firstly, it does not entertain or admit cases or complaints that do not relate to Minority status or rights. Secondly, the complaint should not be pending before another court or commission, i.e., matters that are sub judice. Thirdly, where the complainant has not availed of other ordinary judicial/quasi-judicial/administrative institutions that are available for redressal, the Commission does not admit such matters unless the complainant has reasonable justification. Fourthly, the complaint should not relate to events that are more than one-year old. Fifthly, the complaint should not be vague, anonymous, pseudonymous or frivolous. Lastly, the Commission does not entertain complaints that are not directly addressed to it.

Legal Studies: CUET Mock Test - 3 - Question 12

The functions of a State Council include:
A. Organising legal aid
B. Regulating the content and syllabus of the law degree
C. Determining the cases of misconduct against advocates

Detailed Solution for Legal Studies: CUET Mock Test - 3 - Question 12

The Advocates Act has created a State Bar Council in each state. The functions of the State Council include admitting law students on its roll, determining cases of misconduct against advocates, and organising legal aid.
The regulation of the syllabus and content of the law degree comes under the Bar Council of India.

Legal Studies: CUET Mock Test - 3 - Question 13

Which of the following is/are true with respect to enrolment as an advocate in India?
I. The person must possess LLB degree from any University.
II. The person must be at least 21 years of age.
III. A foreign national cannot be enrolled as an advocate in India under any circumstances.

Detailed Solution for Legal Studies: CUET Mock Test - 3 - Question 13

In order to be eligible for enrolment, an advocate must be: a citizen of India, at least 21 years of age, and must have an LLB degree from an Indian University. A foreign national may be enrolled on a reciprocal basis with the country of his citizenship, and his foreign degree may be recognized by the Council for the purpose. In the absence of such reciprocity, foreign nationals cannot practice law in India. The Council has released a list of foreign degrees that it recognizes. There is an additional requirement of an All India Bar Examination since 2010, which advocates must clear in order to be able to start practice.

Legal Studies: CUET Mock Test - 3 - Question 14

Under the amended rules of the Bar Council of India, which of the following information can be put up by the advocates on their chosen websites?

Detailed Solution for Legal Studies: CUET Mock Test - 3 - Question 14

In India advertising by lawyers has been strictly restricted by the Bar Council of India. An advocate is prohibited from promoting himself through circulars, advertisements, touts, personal communications, interviews other than through personal relations, furnishing or inspiring newspaper comments or producing his photographs to be published in connection with cases in which he has been engaged or concerned. An amendment to this rule allows advocates to furnish certain information on their websites after intimating and taking approval from the Bar Council of India. However, only 5 pieces of information can be put up on the internet, i.e., (i) the name of the advocate or the firm, (ii) his contact details, (iii) details of enrolment with the Bar, (iv) his professional and academic qualification and (v) his areas of practice.

Legal Studies: CUET Mock Test - 3 - Question 15

Which of the following is/are not the professional duty/duties of an advocate?

Detailed Solution for Legal Studies: CUET Mock Test - 3 - Question 15

The Bar Council of India Rules encompass professional standards for lawyers, as laid down by the Bar Council. The key duties of an advocate can be summarised as follows:
An advocate has a duty to act in a dignified manner, to respect the court, not to communicate with a judge in private and impair impartiality, not to act in an illegal manner towards the opposition, to refuse to represent clients who insist on adopting unfair means. In addition, being an office of the Court, an advocate is expected to uphold and maintain the values of the profession.

Legal Studies: CUET Mock Test - 3 - Question 16

Assertion (A): India has ratified the International Covenant on Civil and Political Rights.
Reason (R): International Covenant on Civil and Political Rights contains an explicit provision for legal services.

Detailed Solution for Legal Studies: CUET Mock Test - 3 - Question 16

International law addresses the provision for free legal service from the perspective of human rights. An explicit provision for legal services is incorporated in the International Covenant on Civil and Political Rights (ICCPR). India has ratified the International Covenant on Civil and Political Rights which came into force in 1976 and is bound by international obligation to provide free legal assistance as per the requirements of the Covenant.

Legal Studies: CUET Mock Test - 3 - Question 17

Denying free legal aid is

Detailed Solution for Legal Studies: CUET Mock Test - 3 - Question 17

Equal justice and free legal aid is dealt under Article 39A of the Constitution of India. It reads as:
The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
Therefore, denying free legal aid is violation of directive principles.

Legal Studies: CUET Mock Test - 3 - Question 18

With reference to State Authority, which of the following statements is/are incorrect?

  1. It is the duty of the State Authority to give effect to the policies and directions of the Central Authority.
  2. The State Authority is entrusted with the responsibilty of appropriate allocation of funds to the District Authorities.
Detailed Solution for Legal Studies: CUET Mock Test - 3 - Question 18

The correct option is B

The State Authority is responsible for giving effect to the policy and directions of the Central Authority. It provides legal services like the Central Authority and conducts Lok Adalats. While undertaking legal aid programmes, it also performs other functions of the State Authority fixed by way of regulations. To utilise the funds and make appropriate allocation of funds to the State Authorities and District Authorities is the function of the Central Authority and not of the State Authority, so option 2 is incorrect.

Legal Studies: CUET Mock Test - 3 - Question 19

Earlier, International Law was known by the name of

Detailed Solution for Legal Studies: CUET Mock Test - 3 - Question 19

This option is correct because earlier, International Law was known by the name of 'Law of Nations'.
International Law is a set of rules generally regarded and accepted in relations between nations. It serves as a framework for the practice of stable and organised international relations.
International Law differs from state-based legal systems in that it is primarily applicable to countries rather than to individual citizens.

Legal Studies: CUET Mock Test - 3 - Question 20

The customary international law of treaties was codified in the

Detailed Solution for Legal Studies: CUET Mock Test - 3 - Question 20

The Vienna Convention on the Law of Treaties (VCLT) is an international agreement regulating treaties between states. Known as the "treaty on treaties", it establishes comprehensive rules, procedures, and guidelines for how treaties are defined, drafted, amended, interpreted, and generally operated. An international treaty is a written agreement between international law subjects reflecting their consent to the creation, alteration, or termination of their rights and obligations. The VCLT is considered a codification of customary international law and state practice concerning treaties.

Legal Studies: CUET Mock Test - 3 - Question 21

Which of the following statements is/are true with regard to International Court of Justice?
I. It is the main judicial branch of the United Nations.
II. It has jurisdiction only in cases where parties voluntarily seek its assistance.

Detailed Solution for Legal Studies: CUET Mock Test - 3 - Question 21

The correct answer is: Both I and II

Both statements I and II are true with regard to the International Court of Justice (ICJ). Let's examine each statement:

I. It is the main judicial branch of the United Nations.
   This statement is true. The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. It is responsible for settling legal disputes between member states and providing advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies.

II. It has jurisdiction only in cases where parties voluntarily seek its assistance.
    This statement is also true. The ICJ has jurisdiction over cases only if the parties involved have consented to its jurisdiction. The ICJ operates based on the principle of consent, and states must agree to submit their disputes to the court. This means that the ICJ can only hear cases when the parties involved willingly submit to its jurisdiction.

Therefore, both statements I and II are correct, and the correct answer is option 3. Both I and II.

Legal Studies: CUET Mock Test - 3 - Question 22

Directions: Read the following passage carefully:

Arbitration has been the toast of the legal community for a long time. It has been long expected that arbitration will replace business litigation to a great extent one day. Lawyers have been encouraging parties to have an arbitration agreement in all their business transaction documents for more than two decades now. However, arbitration has not been proven to be effective too often.

A lot of lawyers have begun to re-evaluate if they should put in those arbitration clauses blindly in the agreements they draft. Also, a lot of people who have already put in binding arbitration clauses in their agreements, are finding arbitration very difficult to navigate and too expensive when disputes actually arise.

Even after 23 years since the introduction of Arbitration and Conciliation Act of 1996, arbitration seems to be slowly evolving and not really making a dent on pendency of litigation situation and more costly unlike litigation. The Act empowers the arbitrator to terminate the proceedings where without any sufficient cause, the claimant fails to communicate his statement of claim within the stipulated period. If the respondent fails to submit his statement of defence within the predetermined period, the arbitrator shall continue with the proceedings without treating such a failure in itself as an admission of claimant's allegations.

Would it ever become the mature alternative that Indian businesses can safely rely on for reliable, fast, efficient and cost-effective dispute resolution, especially given the terrible state of civil justice?

The BN Srikrishna Committee Report on Institutionalisation of Arbitration Mechanism in India states that a lack of governmental support to promote arbitration is also one of the reasons why arbitration has not become the most preferred way of resolution. The report goes on to suggest that there should be awareness programmes and training to make arbitration a more popular concept. However, such awareness campaigns are very unlikely to attract parties to arbitration given the way it functions at present.

Quality of arbitration and arbitrators can often be suspect. The courts have settled the legal proposition that an arbitration agreement is not required to be in any particular form. Courts in India regularly interfere and do not respect party autonomy. The award is expected to be up for appeal or review in the higher courts and that really does not instill confidence in the parties involved in disputes. These factors are putting off parties from adopting arbitration. At present, it appears that only in a handful of matters involving very large claims, arbitration is still viable in India.

Q. Rama and Bose agreed to an arbitration trial. On conclusion of the arbitration trial, Rama was awarded to indemnify Bose with Rs. 50,000 by the end of February 2020. During February 2020, Rama refused to pay Bose the said amount. Rama in defence said that the arbitration agreement was not in written form and hence doesn't bind him to indemnify Bose. Is the plea by Rama valid?

Detailed Solution for Legal Studies: CUET Mock Test - 3 - Question 22

No, the plea by Rama is not valid as the Act doesn't mandate any particular form of agreement.
The courts have settled the legal proposition that an arbitration agreement is not required to be in any particular form.

Legal Studies: CUET Mock Test - 3 - Question 23

Directions: Read the following passage carefully:

Arbitration has been the toast of the legal community for a long time. It has been long expected that arbitration will replace business litigation to a great extent one day. Lawyers have been encouraging parties to have an arbitration agreement in all their business transaction documents for more than two decades now. However, arbitration has not been proven to be effective too often.

A lot of lawyers have begun to re-evaluate if they should put in those arbitration clauses blindly in the agreements they draft. Also, a lot of people who have already put in binding arbitration clauses in their agreements, are finding arbitration very difficult to navigate and too expensive when disputes actually arise.

Even after 23 years since the introduction of Arbitration and Conciliation Act of 1996, arbitration seems to be slowly evolving and not really making a dent on pendency of litigation situation and more costly unlike litigation. The Act empowers the arbitrator to terminate the proceedings where without any sufficient cause, the claimant fails to communicate his statement of claim within the stipulated period. If the respondent fails to submit his statement of defence within the predetermined period, the arbitrator shall continue with the proceedings without treating such a failure in itself as an admission of claimant's allegations.

Would it ever become the mature alternative that Indian businesses can safely rely on for reliable, fast, efficient and cost-effective dispute resolution, especially given the terrible state of civil justice?

The BN Srikrishna Committee Report on Institutionalisation of Arbitration Mechanism in India states that a lack of governmental support to promote arbitration is also one of the reasons why arbitration has not become the most preferred way of resolution. The report goes on to suggest that there should be awareness programmes and training to make arbitration a more popular concept. However, such awareness campaigns are very unlikely to attract parties to arbitration given the way it functions at present.

Quality of arbitration and arbitrators can often be suspect. The courts have settled the legal proposition that an arbitration agreement is not required to be in any particular form. Courts in India regularly interfere and do not respect party autonomy. The award is expected to be up for appeal or review in the higher courts and that really does not instill confidence in the parties involved in disputes. These factors are putting off parties from adopting arbitration. At present, it appears that only in a handful of matters involving very large claims, arbitration is still viable in India.

Q. Which of the following statements would the author mostly agree with?

Detailed Solution for Legal Studies: CUET Mock Test - 3 - Question 23

Option 4 catches the crux of the entire passage and what the author wishes to convey. Option 1 is not a possible inference as no such positive prediction can be made. Option 2 suggests that litigation would always be better and option 3 cannot be inferred from the passage.

Legal Studies: CUET Mock Test - 3 - Question 24

Directions: Read the following passage carefully:

Arbitration has been the toast of the legal community for a long time. It has been long expected that arbitration will replace business litigation to a great extent one day. Lawyers have been encouraging parties to have an arbitration agreement in all their business transaction documents for more than two decades now. However, arbitration has not been proven to be effective too often.

A lot of lawyers have begun to re-evaluate if they should put in those arbitration clauses blindly in the agreements they draft. Also, a lot of people who have already put in binding arbitration clauses in their agreements, are finding arbitration very difficult to navigate and too expensive when disputes actually arise.

Even after 23 years since the introduction of Arbitration and Conciliation Act of 1996, arbitration seems to be slowly evolving and not really making a dent on pendency of litigation situation and more costly unlike litigation. The Act empowers the arbitrator to terminate the proceedings where without any sufficient cause, the claimant fails to communicate his statement of claim within the stipulated period. If the respondent fails to submit his statement of defence within the predetermined period, the arbitrator shall continue with the proceedings without treating such a failure in itself as an admission of claimant's allegations.

Would it ever become the mature alternative that Indian businesses can safely rely on for reliable, fast, efficient and cost-effective dispute resolution, especially given the terrible state of civil justice?

The BN Srikrishna Committee Report on Institutionalisation of Arbitration Mechanism in India states that a lack of governmental support to promote arbitration is also one of the reasons why arbitration has not become the most preferred way of resolution. The report goes on to suggest that there should be awareness programmes and training to make arbitration a more popular concept. However, such awareness campaigns are very unlikely to attract parties to arbitration given the way it functions at present.

Quality of arbitration and arbitrators can often be suspect. The courts have settled the legal proposition that an arbitration agreement is not required to be in any particular form. Courts in India regularly interfere and do not respect party autonomy. The award is expected to be up for appeal or review in the higher courts and that really does not instill confidence in the parties involved in disputes. These factors are putting off parties from adopting arbitration. At present, it appears that only in a handful of matters involving very large claims, arbitration is still viable in India.

Q. According to the passage, what is a necessary component to enable arbitration between parties in a dispute?

Detailed Solution for Legal Studies: CUET Mock Test - 3 - Question 24

The use of an arbitration clause in the agreement has been mentioned many a time in the passage. The only inference that can be made from this is that it is a necessary component to enable arbitration.

Legal Studies: CUET Mock Test - 3 - Question 25

Directions: Read the following passage carefully:

Arbitration has been the toast of the legal community for a long time. It has been long expected that arbitration will replace business litigation to a great extent one day. Lawyers have been encouraging parties to have an arbitration agreement in all their business transaction documents for more than two decades now. However, arbitration has not been proven to be effective too often.

A lot of lawyers have begun to re-evaluate if they should put in those arbitration clauses blindly in the agreements they draft. Also, a lot of people who have already put in binding arbitration clauses in their agreements, are finding arbitration very difficult to navigate and too expensive when disputes actually arise.

Even after 23 years since the introduction of Arbitration and Conciliation Act of 1996, arbitration seems to be slowly evolving and not really making a dent on pendency of litigation situation and more costly unlike litigation. The Act empowers the arbitrator to terminate the proceedings where without any sufficient cause, the claimant fails to communicate his statement of claim within the stipulated period. If the respondent fails to submit his statement of defence within the predetermined period, the arbitrator shall continue with the proceedings without treating such a failure in itself as an admission of claimant's allegations.

Would it ever become the mature alternative that Indian businesses can safely rely on for reliable, fast, efficient and cost-effective dispute resolution, especially given the terrible state of civil justice?

The BN Srikrishna Committee Report on Institutionalisation of Arbitration Mechanism in India states that a lack of governmental support to promote arbitration is also one of the reasons why arbitration has not become the most preferred way of resolution. The report goes on to suggest that there should be awareness programmes and training to make arbitration a more popular concept. However, such awareness campaigns are very unlikely to attract parties to arbitration given the way it functions at present.

Quality of arbitration and arbitrators can often be suspect. The courts have settled the legal proposition that an arbitration agreement is not required to be in any particular form. Courts in India regularly interfere and do not respect party autonomy. The award is expected to be up for appeal or review in the higher courts and that really does not instill confidence in the parties involved in disputes. These factors are putting off parties from adopting arbitration. At present, it appears that only in a handful of matters involving very large claims, arbitration is still viable in India.

Q. Chand was alleged by Suraj on the acquisition of his house in Delhi which was decided to be dealt under the Arbitration Act. The arbitrator asked Chand to submit his statement within a month. Chand failed to submit his statement within the stipulated time. The arbitrator terminated the proceedings on account that Chand failed to submit the statement. Is the termination valid?

Detailed Solution for Legal Studies: CUET Mock Test - 3 - Question 25

No, the termination is not valid as Suraj's (claimant) statement is enough to proceed.
Power to terminate the proceedings: The Act under Section 25 empowers the arbitrator to terminate the proceedings where without any sufficient cause, the claimant fails to communicate his statement of claim within the stipulated period. However, if the respondent fails to submit his statement of defence within the predetermined period, the arbitrator shall continue with the proceedings without treating such a failure in itself as an admission of claimant's allegations.

Legal Studies: CUET Mock Test - 3 - Question 26

Directions: Read the following passage carefully:

Arbitration has been the toast of the legal community for a long time. It has been long expected that arbitration will replace business litigation to a great extent one day. Lawyers have been encouraging parties to have an arbitration agreement in all their business transaction documents for more than two decades now. However, arbitration has not been proven to be effective too often.

A lot of lawyers have begun to re-evaluate if they should put in those arbitration clauses blindly in the agreements they draft. Also, a lot of people who have already put in binding arbitration clauses in their agreements, are finding arbitration very difficult to navigate and too expensive when disputes actually arise.

Even after 23 years since the introduction of Arbitration and Conciliation Act of 1996, arbitration seems to be slowly evolving and not really making a dent on pendency of litigation situation and more costly unlike litigation. The Act empowers the arbitrator to terminate the proceedings where without any sufficient cause, the claimant fails to communicate his statement of claim within the stipulated period. If the respondent fails to submit his statement of defence within the predetermined period, the arbitrator shall continue with the proceedings without treating such a failure in itself as an admission of claimant's allegations.

Would it ever become the mature alternative that Indian businesses can safely rely on for reliable, fast, efficient and cost-effective dispute resolution, especially given the terrible state of civil justice?

The BN Srikrishna Committee Report on Institutionalisation of Arbitration Mechanism in India states that a lack of governmental support to promote arbitration is also one of the reasons why arbitration has not become the most preferred way of resolution. The report goes on to suggest that there should be awareness programmes and training to make arbitration a more popular concept. However, such awareness campaigns are very unlikely to attract parties to arbitration given the way it functions at present.

Quality of arbitration and arbitrators can often be suspect. The courts have settled the legal proposition that an arbitration agreement is not required to be in any particular form. Courts in India regularly interfere and do not respect party autonomy. The award is expected to be up for appeal or review in the higher courts and that really does not instill confidence in the parties involved in disputes. These factors are putting off parties from adopting arbitration. At present, it appears that only in a handful of matters involving very large claims, arbitration is still viable in India.

Q. What are the main attributes that arbitration should possess to be an alternative to litigation?

Detailed Solution for Legal Studies: CUET Mock Test - 3 - Question 26

Though it is mentioned as a question in the end of the third paragraph that an alternative would have to be reliable, fast, efficient and cost-effective, it can be inferred in the last paragraph that it fails as a proper alternative as it is not cost-effective. Cost-effectivity is mentioned twice and there is emphasis laid on the pendency of litigation.

Legal Studies: CUET Mock Test - 3 - Question 27

Assertion (A): A Supreme Court judge is appointed by the President.
Reason (R): There should be minimum interference of the executive body.

Detailed Solution for Legal Studies: CUET Mock Test - 3 - Question 27

Under clause 2 of Article 124 of the Indian Constitution, the Chief Justice of India and the Supreme Court judges shall be appointed by the President of India. This is done to minimize the influence of any political executive on the Courts. This allows the Courts to be independent as no legislative or executive body would be able to influence the decisions taken by the Courts.

Legal Studies: CUET Mock Test - 3 - Question 28

Separation of the judiciary from the executive has been provided in which of the following parts of the Indian Constitution?

Detailed Solution for Legal Studies: CUET Mock Test - 3 - Question 28

Article 50 of the Constitution of India is a Directive Principle of State Policy. It gives a direction to the state to keep judiciary independent of the executive, particularly in judicial appointments.

Legal Studies: CUET Mock Test - 3 - Question 29

Which Constitutional Amendment Act relating to appointments of judges came for consideration of the Supreme Court and was struck down, being in violation of the basic feature doctrine of the Constitution of India?

Detailed Solution for Legal Studies: CUET Mock Test - 3 - Question 29

The 99th Amendment of the Constitution of India, officially known as the Constitution (Ninety-ninth Amendment) Act, 2014, formed a National Judicial Appointments Commission. The NJAC Act was challenged in the Supreme Court by Supreme Court Advocates on Record Association (SCAORA) and others contending that the new law is unconstitutional and is aimed at hurting the independence of judiciary. After accepting the petition, on October 16, the five-member constitutional bench of the Supreme Court headed by the Justice J. S. Khehar with 4:1 majority declared the National Judicial Appointments Commission and the 99th Constitutional Amendment Act as 'unconstitutional and void'.

Legal Studies: CUET Mock Test - 3 - Question 30

Which of the following is not required in a gift?

Detailed Solution for Legal Studies: CUET Mock Test - 3 - Question 30

According to section 122 of TPA, a transfer of ownership of property that is made voluntarily and without consideration is called gift. Thus, no consideration is required in a gift.

Legal Studies: CUET Mock Test - 3 - Question 31

A counter-offer is

Detailed Solution for Legal Studies: CUET Mock Test - 3 - Question 31

A counter-offer functions as both: a rejection of an offer to enter into a contract and a new offer that materially changes the terms of the original offer. Since a counter-offer serves as a rejection, it completely voids the original offer. This means that the original offer can no longer be accepted.

Legal Studies: CUET Mock Test - 3 - Question 32

In law of Tort, unliquidated damages are always awarded. The meaning of unliquidated is

Detailed Solution for Legal Studies: CUET Mock Test - 3 - Question 32

Unliquidated damages can be defined as the sum of money that cannot be foreseen or assessed by a fixed formula. It is established by a judge in a court on the basis of approximation. Damages are categorised as unliquidated when the amount of damages is unidentifiable or subject to an unforeseen event that makes the amount not calculable.

Legal Studies: CUET Mock Test - 3 - Question 33

________ made while in the custody of police is inadmissible.

Detailed Solution for Legal Studies: CUET Mock Test - 3 - Question 33

According to Section 26, confession made while in the custody of police is inadmissible.

Legal Studies: CUET Mock Test - 3 - Question 34

`X` and `Y` agree to commit theft in `Z`s house but no theft is actually committed, they are guilty of

Detailed Solution for Legal Studies: CUET Mock Test - 3 - Question 34

The proviso to section 120A of the Indian Penal Code states that, 'Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof.' In the above case, agreement was to commit an offence, i.e theft. Even though no theft was committed, X and Y will be guilty of criminal conspiracy.

Legal Studies: CUET Mock Test - 3 - Question 35

The Universal Declaration of Human Rights is applicable to:

Detailed Solution for Legal Studies: CUET Mock Test - 3 - Question 35

Article 2 in the Universal Declaration of Human Rights states that everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

Legal Studies: CUET Mock Test - 3 - Question 36

Assertion (A): Women in India today legally enjoy equal opportunities with men in all the fields.
Reason (R): The Constitution of India prohibits any kind of discrimination against women.

Detailed Solution for Legal Studies: CUET Mock Test - 3 - Question 36

Article 16 of the Indian Constitution states that there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect or, any employment or office under the state.

Legal Studies: CUET Mock Test - 3 - Question 37

Which of the following is not the function of the National Human Rights Commission?

Detailed Solution for Legal Studies: CUET Mock Test - 3 - Question 37

The specific legislation called the Protection of Human Rights Act was enacted by the Parliament in 1993, which in turn established the National Human Rights Commission as an independent institution with powers and functions to promote and protect human rights. The Commission is vested with the following functions:

  1. The Commission may, with the permission of the court, intervene in court proceedings concerning human rights violations.
  2. The Commission may also visit any jail or other governmental institutions, where prisoners are lodged or detained, to study the living conditions of the inmates and make recommendations to the government.
  3. The Commission can undertake and promote research in the field of human rights as well as spread human rights literacy among various sections of society.

Lastly, the Commission can encourage and support the efforts of non-governmental organizations and institutions involved with human rights work.
Thus, the National Human Rights Commission does not have the right to either penalize the guilty of human rights violation or to provide any financial assistance to the victim.

Legal Studies: CUET Mock Test - 3 - Question 38

National Human Rights Commission is a:

Detailed Solution for Legal Studies: CUET Mock Test - 3 - Question 38

The National Human Rights Commission (NHRC) of India is a statutory public body constituted on October 12, 1993 under the Protection of Human Rights Ordinance of September 28, 1993. It was given a statutory basis by the Protection of Human Rights Act, 1993.

Legal Studies: CUET Mock Test - 3 - Question 39

Which of the following is true with regard to changes brought by Advocate's Act, 1961?
Statement I - All India Bar Council was established.
Statement II - All old categories of practitioners were consolidated into one category.

Detailed Solution for Legal Studies: CUET Mock Test - 3 - Question 39

After the enactment of the Advocates Act, 1961 all the old categories of practitioners (vakils, barristers, pleaders of several grades, and mukhtars) were abolished and consolidated into a single category called "advocates" who enjoy the right to practice in courts throughout India. The Advocates Act also established an All India Bar Council for the first time, with the Attorney-General and Solicitor General of India as ex-officio members of the Bar Council.

Legal Studies: CUET Mock Test - 3 - Question 40

Where was the first National Law School set up?

Detailed Solution for Legal Studies: CUET Mock Test - 3 - Question 40

The National Law School of India University (NLSIU or simply NLS) is a public law school and a National Law University located in Bangalore, Karnataka. It was the first National Law University to be established in India as well as one of the first in the country to offer the five-year integrated undergraduate law degree, postgraduate law degree and doctorate law degree.
The National Law School of India University was established by a statute passed by the Legislative Assembly of the state of Karnataka. The statute states that Chief Justice of India serves as the school's Chancellor. The day-to-day management and administration of the university is undertaken by the Vice-Chancellor.

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