Legal Studies: CUET Mock Test - 5 - Humanities/Arts MCQ

Tia did not commit theft because she did not have dishonest intention.
Whoever, intending to take dishonestly any property out of the possession of another person, moves that property for such taking, is said to commit theft.

Sia committed theft by taking Kabir’s horse without consent, with the dishonest intention of causing wrongful loss to Kabir or securing her debt (Option A). Option B is incorrect because criminal misappropriation requires lawful possession first, which is not the case here. Option C is incorrect because no trust relationship existed. Option D is incorrect as Sia’s actions constitute theft.

Jaya is not guilty of theft because she was lawfully in possession of the jewellery, entrusted by Ajay, so she did not ‘take’ it from another’s possession (Option B). Her act of selling it may constitute criminal breach of trust, not theft. Option A is incorrect because gaining does not define theft. Option C is less precise, as giving the jewellery explains possession, covered by B. Option D is incorrect because wrongful loss alone does not constitute theft without taking from possession.

Adi would be charged for criminal misappropriation, as he dishonestly kept the painting after learning it belonged to Rima, not for theft, which requires taking from another’s possession (Option D). Option A is incorrect because no deception occurred. Option B is incorrect as Adi found the painting, not took it from possession. Option C is incorrect because no trust relationship existed.

Bhola won’t be charged for theft because he inadvertently took the watch, lacking dishonest intention to cause wrongful loss or gain (Option A). Theft requires dishonest intent (per the passage). Option B is incorrect because leaving his watch does not constitute theft. Option C is incorrect as taking property without intent is not theft. Option D is incorrect as neither B nor C applies.

Only statement (R) is correct. The Supreme Court enjoys original jurisdiction in terms of issuing writs, but it is not the exclusive jurisdiction of the Supreme Court as a High Court is also empowered to issue writs, i.e. a person can either go to the High Court or the Supreme Court with respect to the same. So, option (B) is correct.

• Nudum pactum, in Latin, literally means 'Bare or Naked Promise.' In common law, it refers to a promise that is not legally enforceable for want of consideration. An example of a nudum pactum would be an offer to sell something without a corresponding offer of value in exchange.
• Consensus ad idem means meeting of minds.
• Noscitur A Sociis means a rule of interpretation or construction.
• Quid pro quo means something for something.

Only statement (C) is correct (Option C).

(A) The collegium system is a judicial creation, not constitutionally mandated (false).

(B) The Attorney General cannot practice in the Supreme Court after retirement due to professional restrictions (false).

(C) Supreme Court judges can be removed by impeachment under Article 124(4) (true).

(D) High Courts have appellate jurisdiction in civil and criminal cases (false).

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

In an adversarial system, parties develop their own case and evidence (A is true). Cross-examination effectively tests witness credibility (R is true), but it is a feature of the system, not the reason for A.

The Central Authority’s functions include effective finance allocation (A), formulating policies for legal aid access (B), and encouraging peaceful settlements like arbitration (C), making D correct.

The Law Society of Singapore determines fitness of character for admission after applications have been filed. The Law Society is the representative body for lawyers in Singapore.

The classical definition of proportionality has been given by Lord Diplock in R V. Goldsmith when his Lordship rather ponderously stated "you must not use a steam hammer to crack a nut if a nut cracker would do". Hence, proportionality broadly requires that government action must be no more intrusive than is necessary to meet an important public purpose.

(A) Correct: Judicial independence is crucial for maintaining fairness and ensuring the rule of law.
(B) Incorrect: Judges cannot be easily removed; they can only be removed through the impeachment process.
(C) Incorrect: India follows the adversarial system, not the inquisitorial system.
(D) Incorrect: Judges of the Supreme Court retire at 65, but judges of the High Courts retire at 62

Public Interest Litigation originated in the USA. A person filing a petition under Public Interest Litigation must prove to the satisfaction of the court that the petition is being filed for a public interest.

Lawyers are regulated at state, not federal, level by the state bar or the highest court. Bar associations in the US are divided into two categories: unified and non-unified:

• In states with a unified bar, the responsibilities of regulating lawyers (admission, discipline and so on) come with activities to support their members as a professional body. Membership is mandatory in order to practice in such states. There are 32 states with unified bars, including California, Texas and Florida.
• In states with a non-unified bar, responsibility for admitting and regulating lawyers lies with the state Supreme Court or board of bar examiners. In such states, the state bar is a voluntary professional body with activities that can include professional development, lobbying, networking and charitable programmes. States with non-unified bars include New York, Washington D.C. and Illinois.

Therefore, option 1 is the answer.

The Bar Council of India was established by Parliament under the Advocates Act, 1961. It performs the regulatory function by prescribing standards of professional conduct and etiquette and by exercising disciplinary jurisdiction over the bar. It also sets standards for legal education and grants recognition to Universities whose degree in law will serve as qualification for enrolment as an advocate. In addition, it performs certain representative functions by protecting the rights, privileges and interests of advocates and through the creation of funds for providing financial assistance to organise welfare. The regulatory and representative mandate of the Bar Council for the legal profession and legal education in India is also reflected by its statutory functions.

Only D is correct.

• Incorrect: The TPA, 1882, governs immovable property, not movable (Sale of Goods Act applies).
• Incorrect: Movable property is transferred under the Sale of Goods Act.
• Incorrect: Timber and crops are movable under TPA Section 3.
• Correct: Immovable property includes land and benefits arising from it (TPA Section 3).

Article 37 of the Indian Constitution states that the provisions contained in this Part (Part IV) shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the state to apply these principles in making laws. Thus, they are not merely moral obligations.
Therefore, the assertion is correct, but the reason is incorrect.

The Vedic age in India, witnessed the flourishing of specialised tribunals such as Kula (for disputes of family, community, tribe, castes, races), Shreni (for internal disputes in business, corporation of artisans) and Puga (for association of traders/commerce branches). In these institutions, interest-based negotiations dominated with a neutral third party seeking to identify the underlying needs and concerns of the parties in dispute. Similarly, 'People's courts' or 'Panchayat' continued to be at the centre of dispute resolution in villages.

Article 234 in The Constitution Of India 1949 deals with the recruitment of persons other than district judges to the judicial service. The article states that appointment of persons other than district judges to the judicial service of a State shall be made by the Governor of the State in accordance with rules made by him in that behalf after consultation with the State Public Service Commission and with the High Court exercising jurisdiction in relation to such State.

The agreement is void (Option B). Under Section 25 of the Indian Contract Act, 1872, an agreement without consideration is void unless it’s a gift, charity, or past act. A is incorrect, as it’s not voidable. C is incorrect, as it’s unenforceable. D is incorrect, as writing is irrelevant.

• Section 13: Pertains to "consent" (essential for a valid contract).

• Section 56: Covers supervening impossibility (frustration of contract due to unavoidable events).

• Section 73: Governs compensation for breach of contract.

• Section 30: Deals with wagering agreements (void under Indian law).

According to the given principle, a person will be liable for the act of others if it is done in the course of employment. It is immaterial whether the employee was doing the act with due care or not. So, in the given case, as the explosion occurred during the course of employment of the lorry driver, the employer will be vicariously liable.
Therefore, option 4 is the answer.

When information is given of the commission of a non-cognizable offence, the police should refer the informant to the Magistrate. Under Section 155, Clause (2), no police officer shall investigate a non-cognizable case without the order of a Magistrate of the first or second class, or a Presidency Magistrate.

(c) The Universal Declaration of Human Rights (UDHR) was adopted by the United Nations General Assembly in its 3rd Session on 10 December, 1948 at the Palais de Chaillot in Paris, France.
(a) The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty adopted by the United Nations General Assembly with resolution 2200A (XXI) on 16 December, 1966.
(b) The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) is an international treaty adopted in 1979 by the United Nations General Assembly.
(d) The UN General Assembly adopted the Convention and opened it for signature on 20 November, 1989 (the 30th Anniversary of its Declaration of the Rights of the Child).

Article 19(1)(a) not only guarantees freedom of speech and expression but also ensures the right of the citizens to know about the matters of public concern— the right to receive information springs from the right to freedom of speech and expression. With adequate information, a person can form an informed opinion.

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 (PHRA).
The Union Government set up the National Commission for Minorities (NCM) under the National Commission for Minorities Act, 1992. Six religious communities, viz; Muslims, Christians, Sikhs, Buddhists, Zoroastrians (Parsis) and Jains have been notified in Gazette of India as minority communities by the Union Government all over India.
The National Commission for Women was set up as statutory body in January 1992 under the National Commission for Women Act, 1990.
National Commission for Scheduled Tribes (NCST) is an Indian constitutional body that was established through Constitution (89th Amendment) Act, 2003.

For immovable property valued over Rs. 100, TPA Section 54 requires transfer via a registered instrument (Option C). Oral agreements or delivery alone are insufficient.

Attestation under TPA Section 3 means signing the transfer document by at least two witnesses to verify its execution, ensuring legal recognition (Option B).

For a transfer to be legally valid under TPA, it must follow appropriate formalities, such as registration for immovable property over Rs. 100 (Section 54) or delivery for movable property (Option B).