Legal Studies: CUET Mock Test - 8 - CUET MCQ

As per Section 108(j) of the Act, the lessee may transfer absolutely or by way of mortgage or sub-lease the whole or any part of his interest in the property, and any transferee of such interest or part may again transfer it. The lessee shall not, by reason only of such transfer, cease to be subject to any of the liabilities attaching to the lease.
Therefore, option 4 is correct.

The Transfer of Property Act, 1882, which came into force on July 1, 1882, deals with the aspects of transfer of properties between living beings.' Transfer of property' means an act by which a person conveys the property to one or more persons, or himself and one or more other persons. The act of transfer may be done in the present or for the future.
Therefore, option 1 is correct.

As per the Copyright Act, 1957, the general rule is that copyright lasts for 60 years only.
In case of original literary, dramatic, musical and artistic works, 60-year period is calculated from the year of death of the author.

In case of gift, if the donor dies before acceptance, then the gift is void.
According to Section 122 of The Transfer of Property Act, 1882, Gift is the transfer of certain existing moveable or immovable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee. Such acceptance must be made during the lifetime of the donor and while he is still capable of giving it. If the donee dies before acceptance, the gift is void.

As per Section 5 of the Transfer of Property Act, 'transfer of property' means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself and one or more other living persons; and "to transfer property" is to perform such act.
Hence, the statement contained in option 4 is not correct. So, as per the question, option 4 is the correct answer.

Section 106(1) of the Transfer of Property Act states that in the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months' notice; and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, by fifteen days' notice.

'Gift' is the transfer of certain existing movable or immovable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee.
Acceptance when to be made — Such acceptance must be made during the lifetime of the donor and while he is still capable of giving. If the donee dies before acceptance, the gift is void. Thus, Section 122 of the Transfer of Property Act, 1882 deals with gift inter-vivos, which means transaction of gift is always between living persons.

Section 124 of the Transfer of Property Act states that a gift comprising both existing and future properties is void as to the latter.
Thus, option 4 is correct.

The doctrine of lis pendens incorporated under Section 52 of the 1929 Act, means to say that during the pendency of any suit or proceeding which is not collusive and in which any right to immovable property is directly and specifically in question, the property cannot be transferred or otherwise dealt with by any party to the suit or proceeding so as to affect the rights of any other party thereto under any decree or order which may be made therein, except under the authority of the Court and on such terms as it may impose.

A trademark is a visual symbol in the form of a word, a device, or a label applied to articles of commerce with a view to indicate to the purchasing public that 'this good is manufactured or otherwise dealt in by a particular person as distinguished from similar goods dealt or manufactured by other persons'. Thus, 'All of the above' is the correct answer option.

Officially the institution of ombudsman was inaugurated in the year 1809 in Sweden. This institution did not become very famous till it was adopted by Denmark.

Administrative law is considered a branch of public law. It is the body of law that governs the activities of administrative agencies of the government. Actions of government agency can include rule-making, adjudication or the enforcement of a specific regulatory agenda.

Administrative law is the law relating to the control of governmental power. The administrative process is considered necessary evil in all progressive and developing societies, particularly in a welfare State. Such a process may affect the rights of citizens of the country. The primary objective of administrative law is to limit the powers of the government to protect citizens against their abuse. In other words, we can define administrative law as the body of rules, regulations, orders, and decisions created by the administrative agencies of government. Administrative law deals with the powers of administrative authorities, the exercise of such powers, remedies for aggrieved persons by such law, etc. According to Ivor Jennings, administrative law is the law relating to the administration. It determines the organization, powers, and duties of the administrative authorities.

The originator of the concept of rule of law was Sir Edward Coke, the Chief Justice during James I reign. The concept of rule of law is of old origin. The doctrine of rule of law is the entire basis of administrative law. To simply understand the meaning of rule of law, it means that no man is above law and also that every person is subject to the jurisdiction of ordinary courts of law irrespective of their position and rank.

The correct answer is Directive Principles of State Policy. Article 36 to Article 51 of our Constitution deals with the Directive Principles of the State Policy. Article 50 prescribes the separation of the judiciary from the executive.

Delegated legislation, also referred to as secondary legislation is legislation made not directly by an Act of the Parliament, but under the authority of an Act of Parliament. Parliament has regularly and extensively delegated its limited power to the Executive to make certain regulations under Acts.

Delegated or subordinate legislation is not retrospective unless the statute under which it has been framed, expressly or by necessary implication, imports retrospectivity. Thus, retrospective effect should be given only when the particular law or statute provides specifically.

Separation of powers refers to the division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another. The intent is to prevent the concentration of power and provide for checks and balances. The term "trias politica" or "separation of powers" was coined by Charles-Louis de Secondat, baron de La Brède et de Montesquieu, an 18th century French social and political philosopher.

Natural justice is an expression of English common law, and involves a procedural requirement of fairness. The principles of natural justice have great significance in the study of administrative law. It is also known as substantial justice or fundamental justice or universal justice or fair play in action. The principles of natural justice are not embodied rules and are not codified. They are judge made rules and are regarded as counterpart of the American procedural due process.

Rule of law is an essential tool to protect the freedom and dignity of individuals against organized powers. In the landmark ruling by the Supreme Court of India in the Keshavananda Bharti v. State of Kerala, 'rule of law' was categorized as a 'basic structure' of the constitution. Basic structure means those basic characters/attributes which are enshrined in the heart of the Constitution and which cannot be repealed/replaced by any Parliament. Hence, it is a bundle of characteristics of the Indian Constitution which can never lose their relevance and can never be derogated.

Mens rea and actus reus are two essentials of any crime and are the principles used in most common law countries. Actus reus can be a physical act (hitting someone), a failure to act (watching someone being hit) or a state of being (having stolen property in your possession). It must be shown that a person committed an act prohibited by law. Mens rea is the mental element of a crime. It includes motive, intent, knowledge and recklessness/carelessness. Mens rea is the 'guilty mind' or guilty intention to commit a crime, with the intention of causing hurt to another person or animal or with the express intention of disturbing the peace. Actus reus, however, is the guilty act, which is a necessity in proving that a criminal act was committed.

'Mens rea' means guilty or malafide intention. In order to make an act punishable it is very important that the act must be done with a guilty intention.

Upon receiving a complaint about the commission of an offence, the police registers the FIR [First Information Report], upon which the initial step of criminal proceeding, i.e. investigation is commenced.

Under the Code of Criminal Procedure, 1973 there is a difference made between compoundable offences and non-compoundable offences. Section 320 of CrPC deals with Compoundable offences which are less serious in nature. Under a compoundable offence, the complainant who filed the case may enter into a compromise and can drop the charges made against the accused. All the offences which are not mentioned under section 320 of CrPC are classified as non-compoundable offences. In these cases, the State or the police files case and act as the complainants and, hence, it is not possible for them to enter into a compromise.

In criminal cases, the burden of proving the defendant's guilt is on the prosecution and they must establish that fact beyond a reasonable doubt.

Section 260 states that the following offences may be tried summarily:
(i) offences not punishable with death, imprisonment for life or imprisonment for a term exceeding two years;
(ii) theft, under section 379, section 380 or section 381 of the India Penal Code (45 of 1860 ), where the value of the property stolen does no exceed two hundred rupees;
(iii) receiving or retaining stolen property, under section 411 of the Indian Penal Code (45 of 1860 ), where the value of the property does not exceed two hundred rupees;
(iv) assisting in the concealment or disposal of stolen property under section 414 of the Indian Panel Code (45 of 1860 ), where the value of such property does not exceed two hundred rupees;
(v) offences under sections 454 and 456 of the Indian Penal Code (45 of 1860 );
(vi) insult with intent to provoke a breach of the peace, under section 504, and criminal intimidation, under section 506 of the Indian Penal Code (45 of 1860 );
(vii) abetment of any of the foregoing offences;
(viii) an attempt to commit any of the foregoing offences, when such attempt is an offence;
(ix) any offence constituted by an act in respect of which a complaint may be made under section 20 of the Cattle- trespass Act, 1871 (1 of 1871 ).

The Code of Criminal Procedure, commonly called Criminal Procedure Code (CrPC), is the main legislation on procedure for administration of substantive criminal law in India. Cognizable and non-cognizable offences, bailable and non-bailable offences, and summons cases and warrant cases are all classified under the code of criminal procedure. Various clauses of Section 2 of the Code define these classifications.

Section 320 of the IPC deals with the compounding of offences. It lists the offences which are compoundable in nature and all other offences which are not listed here will be treated as non-compoundable offences.

Chapter XXIA of the Criminal Procedure Code deals with Plea Bargaining. Section 265A, under this chapter, clearly states, 'This Chapter shall apply in respect of an accused against whom — the report has been forwarded by the officer in charge of the police station under section 173 alleging therein that an offence appears to have been committed by him other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years has been provided under the law for the time being in force; or a Magistrate has taken cognizance of an offence on complaint, other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years, has been provided under the law for the time being in force, and after examining complainant and witnesses under section 200, issued the process under section 204, but does not apply where such offence affects the socio-economic condition of the country or has been committed against a woman, or a child below the age of fourteen years.' So, if the offence is committed against a child of more than 14 years of age, application for plea bargaining can be filled.

Preponderance of probability is not the feature of the criminal system as in criminal cases, offence must be proved beyond any reasonable doubt.