Test: CLAT PG Mock Test - 3 - CLAT PG MCQ

A contract of sale, sales contract, sales order, or contract for sale is a legal contract for the purchase of assets (goods or property) by a buyer (or purchaser) from a seller (or vendor) for an agreed upon value in money (or money equivalent).

Austin is called the father of English Jurisprudence and the founder of Analytical school. However, the title of analytical school is misleading as it suggests that analysis is the exclusive property of this school instead of being the universal method of jurisprudence. Allen refers to call Austin`s school as the imperative school.

(ii) E.C. Arbitration Commission in Yugoslavia
(iii) International Registration of Trade Mark (Germany)
(i) Temple of Preah Vihar
(iv) North - Sea continental shelf case
Hence option 3 is the right answer. 

Innuendo is a legal concept that is related to tort and personal injury law. The word is derived from innuere, the Latin word that means to nod forward. In legal terms, innuendo is used in a lawsuit to describe defamation from libel or slander. It usually shows that the plaintiff had bad comments made about him and that the comments were in fact defamatory. 
The innuendo is usually just used in actions for slander. An innuendo can be only explanatory of some other matter expressed. It must also serve to apply the given slander to the precedent matter, white not enlarging, extending, or changing the idea of the previous words. Innuendo typically refers to a condition where a person explains a factual situation, yet an incorrect interpretation is derived from it.

During rainy season there is water logging in many areas of city. The dirty water remains for months because of faulty drainage. The water causes hard -ships and diseases. "A duty is imposed on the municipal Corporation by the statue".Bold sentence correctly describes the reason for the disposal of the case.

if one person punches another person in the nose, it might be an intentional tort called battery. Many torts cause physical harm to people. Some torts cause damage to property, like a broken window. Some torts can harm other things, like someone's reputation or a business.
Breach of Contract is not a tort.

Applicable Rule under the Indian Contract Act, 1872
According to the Indian Contract Act, 1872, the applicable rule in this scenario is Section 115, which deals with the duty of a person to disclose information when the relationship between the parties is one of utmost good faith.
Under Section 115 of the Indian Contract Act, 1872, a person is bound to disclose any information that can affect the willingness of the other party to enter into a contract if there exists a relationship of utmost good faith between them. In this case, Ghanshyam and Afzal are good friends and have been doing business transactions together, indicating the presence of a close relationship.
According to the Indian Contract Act, 1872, in this scenario, Afzal is not legally bound to inform Ghanshyam about the change in price. Although they are good friends and have been doing business transactions together, the duty to disclose information arises only when there is a relationship of utmost good faith between the parties.
In this case, the fact that Afzal has certain confidential information about the change in prices does not automatically create a duty for him to disclose it to Ghanshyam. The duty to disclose would arise only if there was a special relationship based on utmost good faith, such as a fiduciary relationship or a relationship of trust and confidence.
Therefore, since the question does not mention any such special relationship, Afzal is not legally bound to inform Ghanshyam about the change in price.

Sex with a girl with fraudulent consent amounts to Rape.Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority, or against a person who is incapable of giving valid consent, such as one who is unconscious, incapacitated, has an intellectual disability or is below the legal age of consent.

Section 2 (oo) of the Industrial Disputes Act, 1947 defines Retrenchment as - ” the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action.

Corpus Possessionis—By corpus possessors Savigny means effective control over the thing which in other words means exclusive use of the thing with capacity to eliminate the interference of others.

Non-cognizable offences under the Code of Criminal Procedure (CrPC) are:

**2. Private wrongs**

Here's why:

- Non-cognizable offences are those where a police officer does not have the authority to arrest without a warrant and cannot start an investigation without the permission of a court or a magistrate.
- These offences typically involve private disputes or minor infractions where the state has less interest compared to cognizable offences.

Therefore, the correct answer is **2. Private wrongs**.

Let's match the jurists with their assumptions:

I. Acquinars - Spirit of people II. Pound - Reason and will in law III. Kelsen - Ground norm IV. Savigny - Jural postulates

So, the correct match is:

1. I-(d) II-(b) III-(c) IV-(a)

Section 204 in The Indian Penal Code
Destruction of [document or electronic record] to prevent its production as evi­dence.—Whoever secretes or destroys any 1[document or electronic record] which he may be lawfully compelled to produce as evidence in a Court of Justice, or in any proceeding lawfully held before a public servant, as such, or obliterates or renders illegible the whole or any part of such [document or electronic record] with the intention of preventing the same from being produced or used as evidence before such Court or public servant as aforesaid, or after he shall have been lawfully sum­moned or required to produce the same for that purpose, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

'Agnate' is a person who is related only by blood wholly through males.Only this is the right sentence.
Agnate means a person related to wholly through males either by blood or by adoption. The agnatic relation may be a male or a female. ... are cognates, whereas one's father's brother, or father's brother's son or father's son's son or father's son's daughter are agnates.

Indian Contract Act 1872 No ratification An agreement with the minor is completely void. A minor cannot ratify the agreement even on attaining majority, because a void agreement cannot be ratified. A person who is not competent, an act cannot give it validity by ratifying.

Basel Convention: The Control of Transboundary Movements of Hazardous Wastes and their Disposal
The Basel Convention is an international treaty that was established to control and regulate the transboundary movements of hazardous wastes and their disposal. It aims to prevent the transfer of hazardous wastes from developed countries to less developed countries, where they may be improperly managed or disposed of, causing significant environmental and health risks.
This convention was adopted in 1989 and entered into force in 1992. It is named after the city of Basel in Switzerland, where it was first negotiated. The convention currently has 188 parties, including the European Union.
Key Objectives of the Basel Convention
The Basel Convention has several key objectives, including:

• Minimizing hazardous waste generation: The convention encourages countries to minimize the generation of hazardous wastes and promote the use of cleaner production methods.
• Environmentally sound management: The convention aims to ensure the environmentally sound management of hazardous wastes, including their collection, treatment, storage, and disposal.
• Reducing transboundary movements: The primary objective of the convention is to reduce the transboundary movements of hazardous wastes and prevent their transfer to countries that lack the capacity to handle them safely.

Control Measures of the Basel Convention
To achieve its objectives, the Basel Convention establishes a set of control measures, including:

• Prior informed consent (PIC) procedure: The convention requires that exporters of hazardous wastes obtain the prior informed consent of the importing country before any shipment can take place. This ensures that the receiving country is aware of the nature of the waste and has the capacity to manage it safely.
• Export and import restrictions: The convention prohibits the export of hazardous wastes to countries that have prohibited their import. It also restricts the export of hazardous wastes to countries that have not given their prior informed consent.
• Environmentally sound management: The convention promotes the environmentally sound management of hazardous wastes, including their treatment, storage, and disposal. It encourages countries to develop national legislation and regulations to ensure the safe handling of hazardous wastes.

Achievements and Challenges
Since its adoption, the Basel Convention has made significant achievements in improving the management of hazardous wastes. It has raised awareness about the risks associated with transboundary movements of hazardous wastes and has led to the development of national legislation and regulations in many countries.
However, challenges remain in ensuring the effective implementation of the convention. Some countries still lack the capacity to handle hazardous wastes safely, and illegal trade in hazardous wastes continues to be a concern. Efforts are ongoing to strengthen the enforcement of the convention and enhance international cooperation in the management of hazardous wastes.
In conclusion, the Basel Convention is associated with the control of transboundary movements of hazardous wastes and their disposal. It aims to minimize the generation of hazardous wastes, promote their environmentally sound management, and reduce the transfer of hazardous wastes to countries that lack the capacity to handle them safely.

The conclusive part of Article 31 C, i.e. "and no law containing a declaration that it is for giving effect to such policy shall be called in question in any court on the ground that it does not give effect to such policy" was struck down by the Supreme Court in the case of Kesavananda Bharti v. State of Kerala, AIR 1973 SC 1461.

The petition is liable to be dismissed.winding up of a company shall be presented by— ... trustees have been appointed in respect of such and other like debentures, and the trustee. for the holders of debentures shall be deemed to be creditors within the meaning of ... (3) A contributory shall be entitled to present a petition for the winding up of a company,.

The Supreme Court said that the people are free to choose their own religion while hearing a petition claiming mass religious conversion across the country.
The Bench said that people have a right to freely profess, practice, and propagate religion, subject to public order, morality, and health, under Article 25 of the Constitution. It said that every person is the final judge of their own choice of religion or who their life partner should be.

Use for improper purpose and Relevant consideration abuse of discretionary power is inferred.

Holmes defined possession as "to gain possession a man must stand in a certain physical relation to the object and to the rest of world and must have a certain intent".

Section 25 of Indian Contract Act, 1872. Section 25 of Indian Contract Act, 1872 deals with Agreement without consideration, void, unless it is in writing and registered, or is a promise to compensate for something done, or is a promise to pay a debt barred by limitation law.

A ran away with B's watch A week later B saw A wearing his watch. B forthwith seized A and recovered his watch using necessary force which resulted is some injuries to A.
B's right to recover his watch continues unitl it is recovered.Hence this is the correct answer.

3. The S.S. Lotus Case
1. The Visaka Case
4. The Reparations Case
2. Indian Gramophone Co. Case
Hence option 1 is the right answer.

Supreme Court Case: Vasanthi Stanley v. State
In the case of Vasanthi Stanley v. State, the Supreme Court held that an offence under the criminal law does not depend upon the gender of the accused. This landmark case highlighted the principle of equality before the law, irrespective of gender.
Case Background:
Vasanthi Stanley, a woman, was accused of committing murder and was charged under Section 302 of the Indian Penal Code (IPC). She challenged the constitutional validity of Section 156(3) of the Code of Criminal Procedure (CrPC), which deals with police investigation and filing of charge sheets.
Supreme Court's Ruling:
The Supreme Court, while addressing the constitutional validity of Section 156(3) of the CrPC, declared that an offence under the criminal law does not depend upon the gender of the accused. The Court emphasized that women should not be treated differently from men when it comes to criminal offences, and the protection of the law must be equally available to all individuals.
Importance of the Ruling:
The ruling in the Vasanthi Stanley case established the principle of gender neutrality in criminal law. It emphasized that the law should not discriminate based on the gender of the accused and that women should be held equally accountable for their actions. This decision played a significant role in promoting gender equality and ensuring equal treatment under the law.
Conclusion:
In the case of Vasanthi Stanley v. State, the Supreme Court held that an offence under the criminal law does not depend upon the gender of the accused. This ruling established the principle of gender neutrality and emphasized equal treatment before the law, regardless of one's gender.

Gray says, International law or the Law of Nations is the name of a body of rules which according to their usual definitions regulate the conduct of states in their intercourse with each other.

Hans Kelsen. Hans Kelsen October 11, 1881 – April 19, 1973) was an Austrian jurist, legal philosopher and political philosopher. By the 1940s, Kelsen's reputation was already well established in the United States for his defense of democracy and for his Pure Theory of Law. He talks about Validity and effectiveness of norms.

Extra marital sex, Desertion, and Conversion to non Hindu religion  are fault grounds of divorce under the Hindu Marriage Act, 1955.The Hindu Marriage Act is an Act of the Parliament of India enacted in 1955. Three other important acts were also enacted as part of the Hindu Code Bills during this time: the Hindu Succession Act, the Hindu Minority and Guardianship Act, the Hindu Adoptions and Maintenance Act.

Marriage of a Hindu male to his wife's mother is Void unless protected by custom or usage.Similarly, a mother can not marry her son or grandson. ... For example, a son can not marry his stepmother. Similarly, a person can not marry his Daughter-in -Law or son -in-law. f one was the wife of the brother or of the father's or mother's brother or the grandfather's or grandmother's brother of the other.

(ii) Art - 356
(iii) Art - 105
(i) Art - 21
(iv) Art - 44
Hence option B is the right answer.