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CLAT Practice Test- 34 - CLAT


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150 Questions MCQ Test Mock Test Series for CLAT - CLAT Practice Test- 34

CLAT Practice Test- 34 for CLAT 2023 is part of Mock Test Series for CLAT preparation. The CLAT Practice Test- 34 questions and answers have been prepared according to the CLAT exam syllabus.The CLAT Practice Test- 34 MCQs are made for CLAT 2023 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for CLAT Practice Test- 34 below.
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CLAT Practice Test- 34 - Question 1

Directions: Read the following passage and answer the question.

This passage is adapted from William Maxwell, The Folded Leaf. ©1959 by William Maxwell. Originally published in 1945.

The Alcazar Restaurant was on Sheridan Road near Devon Avenue. Lymie sat down at the second table from the cash register, and ordered his dinner. The history book, which he propped against the catsup and the glass sugar bowl, had been used by others before him. While Lymie read about the Peace of Paris, signed on the thirtieth of May, 1814, between France and the Allied powers, his right hand managed again and again to bring food up to his mouth. Sometimes he chewed, sometimes he swallowed whole the food that he had no idea he was eating. The Congress of Vienna met, with some allowance for delays, early in November of the same year, and all the powers engaged in the war on either side sent plenipotentiaries. It was by far the most splendid and important assembly ever convoked to discuss and determine the affairs of Europe. The Emperor of Russia, the King of Prussia, the Kings of Bavaria, Denmark, and Wurttemberg, all were present in person at the court of the Emperor Francis I in the Austrian capital. When Lymie put down his fork and began to count them off, one by one, on the fingers of his left hand, the waitress, whose name was Irma, thought he was through eating and tried to take his plate away. He stopped her. A party of four, two men and two women, came into the restaurant, all talking at once, and took possession of the centre table nearest Lymie. They laughed more than there seemed any occasion for, while they were deciding between soup and shrimp cocktail, and their laughter was too loud. But it was the women's voices, the terrible not quite sober pitch which caused Lymie to skim over two whole pages without knowing what was on them. Fortunately he realised this and went back. But before Lymie got halfway through them, a coat that he recognised as his father's was hung on the hook next to his chair. Lymie closed the book and said, "I didn't think you were coming." Time is probably no more unkind to sporting characters than it is to other people, but physical decay unsustained by respectability is somehow more noticeable. Mr. Peters' hair was turning grey and his scalp showed through on top. He had lost weight also; he no longer filled out his clothes the way he used to. His colour was poor, and the flower had disappeared from his buttonhole. In its place was an American Legion button. Apparently he himself was not aware that there had been any change. He straightened his tie self-consciously and when Irma handed him a menu, he gestured with it so that the two women at the next table would notice the diamond ring on the fourth finger of his right hand.

Q. What impression of Mr. Peter is drawn from his description in the passage?

Detailed Solution for CLAT Practice Test- 34 - Question 1
The lines towards the end of the passage describe Mr. Peter's appearance, ''... hair was turning grey and his scalp showed through on top. He had lost weight also; he no longer filled out his clothes the way he used to. His colour was poor...''. Option 4 is coherent with this description.
CLAT Practice Test- 34 - Question 2

Directions: Read the following passage and answer the question.

This passage is adapted from William Maxwell, The Folded Leaf. ©1959 by William Maxwell. Originally published in 1945.

The Alcazar Restaurant was on Sheridan Road near Devon Avenue. Lymie sat down at the second table from the cash register, and ordered his dinner. The history book, which he propped against the catsup and the glass sugar bowl, had been used by others before him. While Lymie read about the Peace of Paris, signed on the thirtieth of May, 1814, between France and the Allied powers, his right hand managed again and again to bring food up to his mouth. Sometimes he chewed, sometimes he swallowed whole the food that he had no idea he was eating. The Congress of Vienna met, with some allowance for delays, early in November of the same year, and all the powers engaged in the war on either side sent plenipotentiaries. It was by far the most splendid and important assembly ever convoked to discuss and determine the affairs of Europe. The Emperor of Russia, the King of Prussia, the Kings of Bavaria, Denmark, and Wurttemberg, all were present in person at the court of the Emperor Francis I in the Austrian capital. When Lymie put down his fork and began to count them off, one by one, on the fingers of his left hand, the waitress, whose name was Irma, thought he was through eating and tried to take his plate away. He stopped her. A party of four, two men and two women, came into the restaurant, all talking at once, and took possession of the centre table nearest Lymie. They laughed more than there seemed any occasion for, while they were deciding between soup and shrimp cocktail, and their laughter was too loud. But it was the women's voices, the terrible not quite sober pitch which caused Lymie to skim over two whole pages without knowing what was on them. Fortunately he realised this and went back. But before Lymie got halfway through them, a coat that he recognised as his father's was hung on the hook next to his chair. Lymie closed the book and said, "I didn't think you were coming." Time is probably no more unkind to sporting characters than it is to other people, but physical decay unsustained by respectability is somehow more noticeable. Mr. Peters' hair was turning grey and his scalp showed through on top. He had lost weight also; he no longer filled out his clothes the way he used to. His colour was poor, and the flower had disappeared from his buttonhole. In its place was an American Legion button. Apparently he himself was not aware that there had been any change. He straightened his tie self-consciously and when Irma handed him a menu, he gestured with it so that the two women at the next table would notice the diamond ring on the fourth finger of his right hand.

Q. Lymie closed the book he was reading because

Detailed Solution for CLAT Practice Test- 34 - Question 2
The hint can be drawn from the lines, 'But before Lymie got halfway through them, a coat that he recognised as his father's was hung on the hook next to his chair. Lymie closed the book and said ...'.
CLAT Practice Test- 34 - Question 3

Directions: Read the following passage and answer the question.

This passage is adapted from William Maxwell, The Folded Leaf. ©1959 by William Maxwell. Originally published in 1945.

The Alcazar Restaurant was on Sheridan Road near Devon Avenue. Lymie sat down at the second table from the cash register, and ordered his dinner. The history book, which he propped against the catsup and the glass sugar bowl, had been used by others before him. While Lymie read about the Peace of Paris, signed on the thirtieth of May, 1814, between France and the Allied powers, his right hand managed again and again to bring food up to his mouth. Sometimes he chewed, sometimes he swallowed whole the food that he had no idea he was eating. The Congress of Vienna met, with some allowance for delays, early in November of the same year, and all the powers engaged in the war on either side sent plenipotentiaries. It was by far the most splendid and important assembly ever convoked to discuss and determine the affairs of Europe. The Emperor of Russia, the King of Prussia, the Kings of Bavaria, Denmark, and Wurttemberg, all were present in person at the court of the Emperor Francis I in the Austrian capital. When Lymie put down his fork and began to count them off, one by one, on the fingers of his left hand, the waitress, whose name was Irma, thought he was through eating and tried to take his plate away. He stopped her. A party of four, two men and two women, came into the restaurant, all talking at once, and took possession of the centre table nearest Lymie. They laughed more than there seemed any occasion for, while they were deciding between soup and shrimp cocktail, and their laughter was too loud. But it was the women's voices, the terrible not quite sober pitch which caused Lymie to skim over two whole pages without knowing what was on them. Fortunately he realised this and went back. But before Lymie got halfway through them, a coat that he recognised as his father's was hung on the hook next to his chair. Lymie closed the book and said, "I didn't think you were coming." Time is probably no more unkind to sporting characters than it is to other people, but physical decay unsustained by respectability is somehow more noticeable. Mr. Peters' hair was turning grey and his scalp showed through on top. He had lost weight also; he no longer filled out his clothes the way he used to. His colour was poor, and the flower had disappeared from his buttonhole. In its place was an American Legion button. Apparently he himself was not aware that there had been any change. He straightened his tie self-consciously and when Irma handed him a menu, he gestured with it so that the two women at the next table would notice the diamond ring on the fourth finger of his right hand.

Q. The word 'convoked' means

Detailed Solution for CLAT Practice Test- 34 - Question 3
Refer to the line, 'It was by far the most splendid and important assembly ever convoked to discuss and determine the affairs of Europe'. From this context it is evident that the word 'convoked' means to call together or summon (an assembly or meeting).
CLAT Practice Test- 34 - Question 4

Directions: Read the following passage and answer the question.

This passage is adapted from William Maxwell, The Folded Leaf. ©1959 by William Maxwell. Originally published in 1945.

The Alcazar Restaurant was on Sheridan Road near Devon Avenue. Lymie sat down at the second table from the cash register, and ordered his dinner. The history book, which he propped against the catsup and the glass sugar bowl, had been used by others before him. While Lymie read about the Peace of Paris, signed on the thirtieth of May, 1814, between France and the Allied powers, his right hand managed again and again to bring food up to his mouth. Sometimes he chewed, sometimes he swallowed whole the food that he had no idea he was eating. The Congress of Vienna met, with some allowance for delays, early in November of the same year, and all the powers engaged in the war on either side sent plenipotentiaries. It was by far the most splendid and important assembly ever convoked to discuss and determine the affairs of Europe. The Emperor of Russia, the King of Prussia, the Kings of Bavaria, Denmark, and Wurttemberg, all were present in person at the court of the Emperor Francis I in the Austrian capital. When Lymie put down his fork and began to count them off, one by one, on the fingers of his left hand, the waitress, whose name was Irma, thought he was through eating and tried to take his plate away. He stopped her. A party of four, two men and two women, came into the restaurant, all talking at once, and took possession of the centre table nearest Lymie. They laughed more than there seemed any occasion for, while they were deciding between soup and shrimp cocktail, and their laughter was too loud. But it was the women's voices, the terrible not quite sober pitch which caused Lymie to skim over two whole pages without knowing what was on them. Fortunately he realised this and went back. But before Lymie got halfway through them, a coat that he recognised as his father's was hung on the hook next to his chair. Lymie closed the book and said, "I didn't think you were coming." Time is probably no more unkind to sporting characters than it is to other people, but physical decay unsustained by respectability is somehow more noticeable. Mr. Peters' hair was turning grey and his scalp showed through on top. He had lost weight also; he no longer filled out his clothes the way he used to. His colour was poor, and the flower had disappeared from his buttonhole. In its place was an American Legion button. Apparently he himself was not aware that there had been any change. He straightened his tie self-consciously and when Irma handed him a menu, he gestured with it so that the two women at the next table would notice the diamond ring on the fourth finger of his right hand.

Q. Which of the following traits are exhibited by 'party of four' as described in the passage?

Detailed Solution for CLAT Practice Test- 34 - Question 4
Option 4 is the correct answer as per the lines, 'A party of four, two men and two women, came into the restaurant, all talking at once ... They laughed more than there seemed any occasion for ... and their laughter was too loud. But it was the women's voices, the terrible not quite sober pitch which caused Lymie to skim over two whole pages without knowing what was on them.'
CLAT Practice Test- 34 - Question 5

Directions: Read the following passage and answer the question.

This passage is adapted from William Maxwell, The Folded Leaf. ©1959 by William Maxwell. Originally published in 1945.

The Alcazar Restaurant was on Sheridan Road near Devon Avenue. Lymie sat down at the second table from the cash register, and ordered his dinner. The history book, which he propped against the catsup and the glass sugar bowl, had been used by others before him. While Lymie read about the Peace of Paris, signed on the thirtieth of May, 1814, between France and the Allied powers, his right hand managed again and again to bring food up to his mouth. Sometimes he chewed, sometimes he swallowed whole the food that he had no idea he was eating. The Congress of Vienna met, with some allowance for delays, early in November of the same year, and all the powers engaged in the war on either side sent plenipotentiaries. It was by far the most splendid and important assembly ever convoked to discuss and determine the affairs of Europe. The Emperor of Russia, the King of Prussia, the Kings of Bavaria, Denmark, and Wurttemberg, all were present in person at the court of the Emperor Francis I in the Austrian capital. When Lymie put down his fork and began to count them off, one by one, on the fingers of his left hand, the waitress, whose name was Irma, thought he was through eating and tried to take his plate away. He stopped her. A party of four, two men and two women, came into the restaurant, all talking at once, and took possession of the centre table nearest Lymie. They laughed more than there seemed any occasion for, while they were deciding between soup and shrimp cocktail, and their laughter was too loud. But it was the women's voices, the terrible not quite sober pitch which caused Lymie to skim over two whole pages without knowing what was on them. Fortunately he realised this and went back. But before Lymie got halfway through them, a coat that he recognised as his father's was hung on the hook next to his chair. Lymie closed the book and said, "I didn't think you were coming." Time is probably no more unkind to sporting characters than it is to other people, but physical decay unsustained by respectability is somehow more noticeable. Mr. Peters' hair was turning grey and his scalp showed through on top. He had lost weight also; he no longer filled out his clothes the way he used to. His colour was poor, and the flower had disappeared from his buttonhole. In its place was an American Legion button. Apparently he himself was not aware that there had been any change. He straightened his tie self-consciously and when Irma handed him a menu, he gestured with it so that the two women at the next table would notice the diamond ring on the fourth finger of his right hand.

Q. Why does the waitress Irma draw the impression that Lymie had finished with his food?

Detailed Solution for CLAT Practice Test- 34 - Question 5
The lines from the passage, 'When Lymie put down his fork and began to count them off, one by one, on the fingers of his left hand, the waitress, whose name was Irma, thought he was through eating and tried to take his plate away', are suggestive of the answer.
CLAT Practice Test- 34 - Question 6

Directions: Read the following passage and answer the question.

I decided at 10 years of age that I was going to be a teacher, because I wanted superpowers. There! I've said it. It's true. When I was in primary school I could clearly see that some of my teachers had extraordinary powers. My classmates went about their day with joyful abandon. Not me. I was the quietly observant one, noticing things.

There was our English-language teacher in fifth grade who could magically transport us to different worlds every day, simply by telling us stories and reading to us from books we would otherwise never pick up. This was our secret, because fifth graders were considered too old to have stories read out to them.

Then there was the founder–principal of the school, a teacher as well, who knew everything about every child, knew not just their parents but even their grandparents. You couldn't escape her superpowered laser-like eyes that could see right into you—through flesh, bones and all. That was a scary superpower. Her hawk-eyed scrutiny often left us feeling like there was no escape.

But, our class teacher in fourth standard could see the invisible. I was one of those who remained invisible, being rather quiet and shy as a child. Yet my teacher would notice me, even when I was unnoticeable. The unspoken message in her superpowered eyes told me: "I see you, I know you, I understand you." She knew, without needing to be told, the days I felt sad and lost and needed that extra pat. Being a dreamer, I found school a bit trying at times. She clearly had a superpower if, after four decades, I can still vividly remember her lessons about the great masters of art, expanding our horizons and kindling, at least in me, a lifelong interest in the subject. She did this even though her area of specialization wasn't art; it was geography. I don't remember much of the geography now, but I do remember how she made me feel. The lessons went beyond the textbook. As I learnt from her, the role of a primary school educator is to teach children, not subjects.

I knew I wanted to be such a teacher, one of those all-seeing ones with superpowers that made children feel safe and valued.

What seems amazing to me is that all those extraordinary men and women went about their business, calmly creating daily magic in their ordinary classrooms. No one noticed, no one gave them medals for bravery or Nobel prizes for creativity, although they were being the most creative anyone could be, in shaping and moulding young human beings.

Q. According to the passage, what does the author find amazing about the extraordinary teachers?

Detailed Solution for CLAT Practice Test- 34 - Question 6
The answer is suggested in these sentences: "What seems amazing to me is that all those extraordinary men and women went about their business, calmly creating daily magic in their ordinary classrooms. No one noticed, no one gave them medals for bravery or Nobel prizes for creativity, although they were being the most creative anyone could be, in shaping and moulding young human beings."
CLAT Practice Test- 34 - Question 7

Directions: Read the following passage and answer the question.

I decided at 10 years of age that I was going to be a teacher, because I wanted superpowers. There! I've said it. It's true. When I was in primary school I could clearly see that some of my teachers had extraordinary powers. My classmates went about their day with joyful abandon. Not me. I was the quietly observant one, noticing things.

There was our English-language teacher in fifth grade who could magically transport us to different worlds every day, simply by telling us stories and reading to us from books we would otherwise never pick up. This was our secret, because fifth graders were considered too old to have stories read out to them.

Then there was the founder–principal of the school, a teacher as well, who knew everything about every child, knew not just their parents but even their grandparents. You couldn't escape her superpowered laser-like eyes that could see right into you—through flesh, bones and all. That was a scary superpower. Her hawk-eyed scrutiny often left us feeling like there was no escape.

But, our class teacher in fourth standard could see the invisible. I was one of those who remained invisible, being rather quiet and shy as a child. Yet my teacher would notice me, even when I was unnoticeable. The unspoken message in her superpowered eyes told me: "I see you, I know you, I understand you." She knew, without needing to be told, the days I felt sad and lost and needed that extra pat. Being a dreamer, I found school a bit trying at times. She clearly had a superpower if, after four decades, I can still vividly remember her lessons about the great masters of art, expanding our horizons and kindling, at least in me, a lifelong interest in the subject. She did this even though her area of specialization wasn't art; it was geography. I don't remember much of the geography now, but I do remember how she made me feel. The lessons went beyond the textbook. As I learnt from her, the role of a primary school educator is to teach children, not subjects.

I knew I wanted to be such a teacher, one of those all-seeing ones with superpowers that made children feel safe and valued.

What seems amazing to me is that all those extraordinary men and women went about their business, calmly creating daily magic in their ordinary classrooms. No one noticed, no one gave them medals for bravery or Nobel prizes for creativity, although they were being the most creative anyone could be, in shaping and moulding young human beings.

Q. According to the passage, what does the author find amazing about the extraordinary teachers?

Detailed Solution for CLAT Practice Test- 34 - Question 7
The answer is suggested in these sentences: "What seems amazing to me is that all those extraordinary men and women went about their business, calmly creating daily magic in their ordinary classrooms. No one noticed, no one gave them medals for bravery or Nobel prizes for creativity, although they were being the most creative anyone could be, in shaping and moulding young human beings."
CLAT Practice Test- 34 - Question 8

Directions: Read the following passage and answer the question.

I decided at 10 years of age that I was going to be a teacher, because I wanted superpowers. There! I've said it. It's true. When I was in primary school I could clearly see that some of my teachers had extraordinary powers. My classmates went about their day with joyful abandon. Not me. I was the quietly observant one, noticing things.

There was our English-language teacher in fifth grade who could magically transport us to different worlds every day, simply by telling us stories and reading to us from books we would otherwise never pick up. This was our secret, because fifth graders were considered too old to have stories read out to them.

Then there was the founder–principal of the school, a teacher as well, who knew everything about every child, knew not just their parents but even their grandparents. You couldn't escape her superpowered laser-like eyes that could see right into you—through flesh, bones and all. That was a scary superpower. Her hawk-eyed scrutiny often left us feeling like there was no escape.

But, our class teacher in fourth standard could see the invisible. I was one of those who remained invisible, being rather quiet and shy as a child. Yet my teacher would notice me, even when I was unnoticeable. The unspoken message in her superpowered eyes told me: "I see you, I know you, I understand you." She knew, without needing to be told, the days I felt sad and lost and needed that extra pat. Being a dreamer, I found school a bit trying at times. She clearly had a superpower if, after four decades, I can still vividly remember her lessons about the great masters of art, expanding our horizons and kindling, at least in me, a lifelong interest in the subject. She did this even though her area of specialization wasn't art; it was geography. I don't remember much of the geography now, but I do remember how she made me feel. The lessons went beyond the textbook. As I learnt from her, the role of a primary school educator is to teach children, not subjects.

I knew I wanted to be such a teacher, one of those all-seeing ones with superpowers that made children feel safe and valued.

What seems amazing to me is that all those extraordinary men and women went about their business, calmly creating daily magic in their ordinary classrooms. No one noticed, no one gave them medals for bravery or Nobel prizes for creativity, although they were being the most creative anyone could be, in shaping and moulding young human beings.

Q. What does the phrase 'expanding our horizons' as used in the passage mean?

Detailed Solution for CLAT Practice Test- 34 - Question 8
The phrase as used in the passage means 'to experience and learn new things'. We know at this point that the author was still in school. So she couldn't have achieved what is stated in options 1 and 4. Option 2 is contrary to what is implied by the phrase.
CLAT Practice Test- 34 - Question 9

Directions: Read the following passage and answer the question.

I decided at 10 years of age that I was going to be a teacher, because I wanted superpowers. There! I've said it. It's true. When I was in primary school I could clearly see that some of my teachers had extraordinary powers. My classmates went about their day with joyful abandon. Not me. I was the quietly observant one, noticing things.

There was our English-language teacher in fifth grade who could magically transport us to different worlds every day, simply by telling us stories and reading to us from books we would otherwise never pick up. This was our secret, because fifth graders were considered too old to have stories read out to them.

Then there was the founder–principal of the school, a teacher as well, who knew everything about every child, knew not just their parents but even their grandparents. You couldn't escape her superpowered laser-like eyes that could see right into you—through flesh, bones and all. That was a scary superpower. Her hawk-eyed scrutiny often left us feeling like there was no escape.

But, our class teacher in fourth standard could see the invisible. I was one of those who remained invisible, being rather quiet and shy as a child. Yet my teacher would notice me, even when I was unnoticeable. The unspoken message in her superpowered eyes told me: "I see you, I know you, I understand you." She knew, without needing to be told, the days I felt sad and lost and needed that extra pat. Being a dreamer, I found school a bit trying at times. She clearly had a superpower if, after four decades, I can still vividly remember her lessons about the great masters of art, expanding our horizons and kindling, at least in me, a lifelong interest in the subject. She did this even though her area of specialization wasn't art; it was geography. I don't remember much of the geography now, but I do remember how she made me feel. The lessons went beyond the textbook. As I learnt from her, the role of a primary school educator is to teach children, not subjects.

I knew I wanted to be such a teacher, one of those all-seeing ones with superpowers that made children feel safe and valued.

What seems amazing to me is that all those extraordinary men and women went about their business, calmly creating daily magic in their ordinary classrooms. No one noticed, no one gave them medals for bravery or Nobel prizes for creativity, although they were being the most creative anyone could be, in shaping and moulding young human beings.

Q. What, according to the author, was scary about the founder-principal?

Detailed Solution for CLAT Practice Test- 34 - Question 9
Option 1 is correct and can be inferred from these sentences: "Then there was the founder–principal of the school, a teacher as well, who knew everything about every child, knew not just their parents but even their grandparents. You couldn't escape her superpowered laser-like eyes that could see right into you—through flesh, bones and all. That was a scary superpower. Her hawk-eyed scrutiny often left us feeling like there was no escape."
CLAT Practice Test- 34 - Question 10

Directions: Read the following passage and answer the question.

I decided at 10 years of age that I was going to be a teacher, because I wanted superpowers. There! I've said it. It's true. When I was in primary school I could clearly see that some of my teachers had extraordinary powers. My classmates went about their day with joyful abandon. Not me. I was the quietly observant one, noticing things.

There was our English-language teacher in fifth grade who could magically transport us to different worlds every day, simply by telling us stories and reading to us from books we would otherwise never pick up. This was our secret, because fifth graders were considered too old to have stories read out to them.

Then there was the founder–principal of the school, a teacher as well, who knew everything about every child, knew not just their parents but even their grandparents. You couldn't escape her superpowered laser-like eyes that could see right into you—through flesh, bones and all. That was a scary superpower. Her hawk-eyed scrutiny often left us feeling like there was no escape.

But, our class teacher in fourth standard could see the invisible. I was one of those who remained invisible, being rather quiet and shy as a child. Yet my teacher would notice me, even when I was unnoticeable. The unspoken message in her superpowered eyes told me: "I see you, I know you, I understand you." She knew, without needing to be told, the days I felt sad and lost and needed that extra pat. Being a dreamer, I found school a bit trying at times. She clearly had a superpower if, after four decades, I can still vividly remember her lessons about the great masters of art, expanding our horizons and kindling, at least in me, a lifelong interest in the subject. She did this even though her area of specialization wasn't art; it was geography. I don't remember much of the geography now, but I do remember how she made me feel. The lessons went beyond the textbook. As I learnt from her, the role of a primary school educator is to teach children, not subjects.

I knew I wanted to be such a teacher, one of those all-seeing ones with superpowers that made children feel safe and valued.

What seems amazing to me is that all those extraordinary men and women went about their business, calmly creating daily magic in their ordinary classrooms. No one noticed, no one gave them medals for bravery or Nobel prizes for creativity, although they were being the most creative anyone could be, in shaping and moulding young human beings.

Q. Why did the author believe that by becoming a teacher the author would receive superpowers?

Detailed Solution for CLAT Practice Test- 34 - Question 10
The answer can be derived from these lines: "I decided at 10 years of age that I was going to be a teacher, because I wanted superpowers. There! I've said it. It's true. When I was in primary school I could clearly see that some of my teachers had extraordinary powers."
CLAT Practice Test- 34 - Question 11

Directions: Read the following passage and answer the question.

President Fakhruddin Ali Ahmed summoned his secretary, K. Balachandran, at around 11:15 p.m. on 25 June 1975. Ten minutes later, Balachandran met the pyjama-clad president in the private sitting room of his official residence at Rashtrapati Bhavan. The president handed his secretary a one-page letter from Indira Gandhi marked 'Top Secret'. Referring to the prime minister's discussion with the president earlier that day, the letter said she was in receipt of information that internal disturbances posed an imminent threat to India's internal security. It requested a proclamation of Emergency under Article 352 (1) if the president was satisfied on this score. She would have preferred to have first consulted the cabinet, but there was no time to lose. Therefore, she was invoking a departure from the Transaction of Business Rules in exercise of her powers under Rule 12 thereof. The president asked for his aide's opinion on the letter, which did not have the proposed proclamation attached. Balachandran said that such a proclamation was constitutionally impermissible on more than one ground. At this, the president said that he wanted to consult the Indian Constitution. Balachandran retreated to his office to locate a copy. Meanwhile, the deputy secretary in the president's secretariat showed up. The two officials launched into a discussion about the constitutionality of the prime minister's proposal before they returned to President Ahmed with a copy of the Constitution. Balachandran explained that the president's personal satisfaction that internal disturbances posed a threat to internal security was constitutionally irrelevant. What the Constitution required was the advice of the council of ministers. Balachandran withdrew when the president said he wanted to speak to the prime minister. When he re-entered the room 10 minutes later, President Ahmed informed him that R. K. Dhawan had come over with a draft Emergency proclamation, which he had signed. Then the president swallowed a tranquilizer and went to bed.

This late-night concern for constitutional propriety is revealing. What we see unfolding in the hunt for a copy of the Constitution, the leafing through of its pages to make sure that the draft proclamation met the letter of the law, is the meticulous process of the paradoxical suspension of the law by law. The substance of the discussion concerns the legality of the procedures to follow in issuing the Emergency proclamation. The political will behind the act goes unmentioned. This is because Article 352 (1) of the Constitution itself had left the judgement of the necessity for the Emergency proclamation outside the law. The doctrine of necessity regards the judgement of crisis conditions as something that the law itself cannot handle; it is a lacuna in the juridical order that the executive is obligated to remedy.

Q. What can be inferred from the passage about the request for the Emergency proclamation?

Detailed Solution for CLAT Practice Test- 34 - Question 11
The correct answer is option 4. From the passage, we can infer that there was some gap in the understanding of the conditions required for declaring the Emergency. This is stated in lines: "This is because Article 352 (1) of the Constitution itself had left the judgement of the necessity for the Emergency proclamation outside the law. The doctrine of necessity regards the judgement of crisis conditions as something that the law itself cannot handle; it is a lacuna in the juridical order that the executive is obligated to remedy".
CLAT Practice Test- 34 - Question 12

Directions: Read the following passage and answer the question.

President Fakhruddin Ali Ahmed summoned his secretary, K. Balachandran, at around 11:15 p.m. on 25 June 1975. Ten minutes later, Balachandran met the pyjama-clad president in the private sitting room of his official residence at Rashtrapati Bhavan. The president handed his secretary a one-page letter from Indira Gandhi marked 'Top Secret'. Referring to the prime minister's discussion with the president earlier that day, the letter said she was in receipt of information that internal disturbances posed an imminent threat to India's internal security. It requested a proclamation of Emergency under Article 352 (1) if the president was satisfied on this score. She would have preferred to have first consulted the cabinet, but there was no time to lose. Therefore, she was invoking a departure from the Transaction of Business Rules in exercise of her powers under Rule 12 thereof. The president asked for his aide's opinion on the letter, which did not have the proposed proclamation attached. Balachandran said that such a proclamation was constitutionally impermissible on more than one ground. At this, the president said that he wanted to consult the Indian Constitution. Balachandran retreated to his office to locate a copy. Meanwhile, the deputy secretary in the president's secretariat showed up. The two officials launched into a discussion about the constitutionality of the prime minister's proposal before they returned to President Ahmed with a copy of the Constitution. Balachandran explained that the president's personal satisfaction that internal disturbances posed a threat to internal security was constitutionally irrelevant. What the Constitution required was the advice of the council of ministers. Balachandran withdrew when the president said he wanted to speak to the prime minister. When he re-entered the room 10 minutes later, President Ahmed informed him that R. K. Dhawan had come over with a draft Emergency proclamation, which he had signed. Then the president swallowed a tranquilizer and went to bed.

This late-night concern for constitutional propriety is revealing. What we see unfolding in the hunt for a copy of the Constitution, the leafing through of its pages to make sure that the draft proclamation met the letter of the law, is the meticulous process of the paradoxical suspension of the law by law. The substance of the discussion concerns the legality of the procedures to follow in issuing the Emergency proclamation. The political will behind the act goes unmentioned. This is because Article 352 (1) of the Constitution itself had left the judgement of the necessity for the Emergency proclamation outside the law. The doctrine of necessity regards the judgement of crisis conditions as something that the law itself cannot handle; it is a lacuna in the juridical order that the executive is obligated to remedy.

Q. Why does the author state that the late-night concern for constitutional propriety is revealing?

Detailed Solution for CLAT Practice Test- 34 - Question 12
The answer can be derived from the following sentence: 'What we see unfolding in the hunt for a copy of the Constitution, is the meticulous process of the paradoxical suspension of the law by law'. By going through the Constitution, they are attempting to use the law to justify the proclamation which itself has been suggested to be illegal (constitutionally impermissible). This is also seen in their effort to mull over this Emergency proclamation in the middle of the night.
CLAT Practice Test- 34 - Question 13

Directions: Read the following passage and answer the question.

President Fakhruddin Ali Ahmed summoned his secretary, K. Balachandran, at around 11:15 p.m. on 25 June 1975. Ten minutes later, Balachandran met the pyjama-clad president in the private sitting room of his official residence at Rashtrapati Bhavan. The president handed his secretary a one-page letter from Indira Gandhi marked 'Top Secret'. Referring to the prime minister's discussion with the president earlier that day, the letter said she was in receipt of information that internal disturbances posed an imminent threat to India's internal security. It requested a proclamation of Emergency under Article 352 (1) if the president was satisfied on this score. She would have preferred to have first consulted the cabinet, but there was no time to lose. Therefore, she was invoking a departure from the Transaction of Business Rules in exercise of her powers under Rule 12 thereof. The president asked for his aide's opinion on the letter, which did not have the proposed proclamation attached. Balachandran said that such a proclamation was constitutionally impermissible on more than one ground. At this, the president said that he wanted to consult the Indian Constitution. Balachandran retreated to his office to locate a copy. Meanwhile, the deputy secretary in the president's secretariat showed up. The two officials launched into a discussion about the constitutionality of the prime minister's proposal before they returned to President Ahmed with a copy of the Constitution. Balachandran explained that the president's personal satisfaction that internal disturbances posed a threat to internal security was constitutionally irrelevant. What the Constitution required was the advice of the council of ministers. Balachandran withdrew when the president said he wanted to speak to the prime minister. When he re-entered the room 10 minutes later, President Ahmed informed him that R. K. Dhawan had come over with a draft Emergency proclamation, which he had signed. Then the president swallowed a tranquilizer and went to bed.

This late-night concern for constitutional propriety is revealing. What we see unfolding in the hunt for a copy of the Constitution, the leafing through of its pages to make sure that the draft proclamation met the letter of the law, is the meticulous process of the paradoxical suspension of the law by law. The substance of the discussion concerns the legality of the procedures to follow in issuing the Emergency proclamation. The political will behind the act goes unmentioned. This is because Article 352 (1) of the Constitution itself had left the judgement of the necessity for the Emergency proclamation outside the law. The doctrine of necessity regards the judgement of crisis conditions as something that the law itself cannot handle; it is a lacuna in the juridical order that the executive is obligated to remedy.

Q. What does the word 'propriety' as used in the passage mean?

Detailed Solution for CLAT Practice Test- 34 - Question 13
The correct meaning of propriety is given in option 3. It means 'legitimacy and accordance'. This is derived from 'leafing through of its pages to make sure that the draft proclamation met the letter of the law' which suggests that there is a concern to ensure that the proclamation is legal and is provided for under the Constitution.
CLAT Practice Test- 34 - Question 14

Directions: Read the following passage and answer the question.

President Fakhruddin Ali Ahmed summoned his secretary, K. Balachandran, at around 11:15 p.m. on 25 June 1975. Ten minutes later, Balachandran met the pyjama-clad president in the private sitting room of his official residence at Rashtrapati Bhavan. The president handed his secretary a one-page letter from Indira Gandhi marked 'Top Secret'. Referring to the prime minister's discussion with the president earlier that day, the letter said she was in receipt of information that internal disturbances posed an imminent threat to India's internal security. It requested a proclamation of Emergency under Article 352 (1) if the president was satisfied on this score. She would have preferred to have first consulted the cabinet, but there was no time to lose. Therefore, she was invoking a departure from the Transaction of Business Rules in exercise of her powers under Rule 12 thereof. The president asked for his aide's opinion on the letter, which did not have the proposed proclamation attached. Balachandran said that such a proclamation was constitutionally impermissible on more than one ground. At this, the president said that he wanted to consult the Indian Constitution. Balachandran retreated to his office to locate a copy. Meanwhile, the deputy secretary in the president's secretariat showed up. The two officials launched into a discussion about the constitutionality of the prime minister's proposal before they returned to President Ahmed with a copy of the Constitution. Balachandran explained that the president's personal satisfaction that internal disturbances posed a threat to internal security was constitutionally irrelevant. What the Constitution required was the advice of the council of ministers. Balachandran withdrew when the president said he wanted to speak to the prime minister. When he re-entered the room 10 minutes later, President Ahmed informed him that R. K. Dhawan had come over with a draft Emergency proclamation, which he had signed. Then the president swallowed a tranquilizer and went to bed.

This late-night concern for constitutional propriety is revealing. What we see unfolding in the hunt for a copy of the Constitution, the leafing through of its pages to make sure that the draft proclamation met the letter of the law, is the meticulous process of the paradoxical suspension of the law by law. The substance of the discussion concerns the legality of the procedures to follow in issuing the Emergency proclamation. The political will behind the act goes unmentioned. This is because Article 352 (1) of the Constitution itself had left the judgement of the necessity for the Emergency proclamation outside the law. The doctrine of necessity regards the judgement of crisis conditions as something that the law itself cannot handle; it is a lacuna in the juridical order that the executive is obligated to remedy.

Q. According to the passage, why did Balachandran advise the President that Gandhi's request for a proclamation of Emergency was impermissible?

Detailed Solution for CLAT Practice Test- 34 - Question 14
The correct answer can be derived from these sentences: "The president asked for his aide's opinion on the letter, which did not have the proposed proclamation attached. Balachandran said that such a proclamation was constitutionally impermissible on more than one ground. At this, the president said that he wanted to consult the Indian Constitution."
CLAT Practice Test- 34 - Question 15

Directions: Read the following passage and answer the question.

President Fakhruddin Ali Ahmed summoned his secretary, K. Balachandran, at around 11:15 p.m. on 25 June 1975. Ten minutes later, Balachandran met the pyjama-clad president in the private sitting room of his official residence at Rashtrapati Bhavan. The president handed his secretary a one-page letter from Indira Gandhi marked 'Top Secret'. Referring to the prime minister's discussion with the president earlier that day, the letter said she was in receipt of information that internal disturbances posed an imminent threat to India's internal security. It requested a proclamation of Emergency under Article 352 (1) if the president was satisfied on this score. She would have preferred to have first consulted the cabinet, but there was no time to lose. Therefore, she was invoking a departure from the Transaction of Business Rules in exercise of her powers under Rule 12 thereof. The president asked for his aide's opinion on the letter, which did not have the proposed proclamation attached. Balachandran said that such a proclamation was constitutionally impermissible on more than one ground. At this, the president said that he wanted to consult the Indian Constitution. Balachandran retreated to his office to locate a copy. Meanwhile, the deputy secretary in the president's secretariat showed up. The two officials launched into a discussion about the constitutionality of the prime minister's proposal before they returned to President Ahmed with a copy of the Constitution. Balachandran explained that the president's personal satisfaction that internal disturbances posed a threat to internal security was constitutionally irrelevant. What the Constitution required was the advice of the council of ministers. Balachandran withdrew when the president said he wanted to speak to the prime minister. When he re-entered the room 10 minutes later, President Ahmed informed him that R. K. Dhawan had come over with a draft Emergency proclamation, which he had signed. Then the president swallowed a tranquilizer and went to bed.

This late-night concern for constitutional propriety is revealing. What we see unfolding in the hunt for a copy of the Constitution, the leafing through of its pages to make sure that the draft proclamation met the letter of the law, is the meticulous process of the paradoxical suspension of the law by law. The substance of the discussion concerns the legality of the procedures to follow in issuing the Emergency proclamation. The political will behind the act goes unmentioned. This is because Article 352 (1) of the Constitution itself had left the judgement of the necessity for the Emergency proclamation outside the law. The doctrine of necessity regards the judgement of crisis conditions as something that the law itself cannot handle; it is a lacuna in the juridical order that the executive is obligated to remedy.

Q. What reason for declaring Emergency does Indira Gandhi provide in her letter to President Ahmed marked 'Top Secret'?

Detailed Solution for CLAT Practice Test- 34 - Question 15
The correct answer can be derived from the following sentences: "The president handed his secretary a one-page letter from Indira Gandhi marked 'Top Secret'. Referring to the prime minister's discussion with the president earlier that day, the letter said she was in receipt of information that internal disturbances posed an imminent threat to India's internal security. It requested a proclamation of Emergency under Article 352 (1) if the president was satisfied on this score."
CLAT Practice Test- 34 - Question 16

Directions: Read the following passage and answer the question.

"Did you continue firing?"

"Yes," replied the general.

There was an audible gasp that echoed through this crowded room in response to that single word. His Lordship waited for silence to be restored, sitting with eyes lowered, hands clasped tightly on the long table that separated the Committee from everyone else. The folds of his black robe pinched against the table's edge as he hunched forward, leaning heavily on his elbows, asking in a voice strained thin by incredulity:

"If the crowd was going to disperse, why did you not stop firing?"

"I thought it my duty to go on firing until it dispersed. If I fired a little, the effect would not be sufficient. If I had fired a little I should be wrong in firing at all."

"What reason had you to suppose that if you had ordered the assembly to leave the Bagh they would not have done so without the necessity of your firing, continued firing for a length of time?"

"Yes, I think it is quite possible that I could have dispersed them perhaps even without firing."

"Why did you not adopt that course" His Lordship asked, shaking his head, more in wonder than horror, as he asked the question.

"I could not disperse them for some time," the General answered, speaking slowly, sounding distracted as he stared over the heads of the judges, "then they would all come back and laugh at me, and I considered I would be making myself a fool."

A wave of startled comment greeted this remark, and the clamour became so loud that His Lordship was obliged to rap his gavel before continuing his interrogation.

"You know that the casualties were something between four hundred and five hundred."

"Yes I have seen it in the papers. I divided all my rounds by five--" He paused and touched his fingertips to his lips, staring vacantly at the ceiling, mumbling, "I am in doubt whether by five or six--to arrive at the number."

"I understood that the shooting that took place was individual shooting, and it was not volley shooting?"

"No, there was no volley shooting."

"The crowd was very dense?"

"It was very dense."

"It was unlikely that a man shooting into the crowd will miss?"

"No, according to the circumstances of the case," the General replied, shaking his head, sounding bewildered. "They were running, and I noticed only a certain number of men were hit. In the centre of the section, the crowd was very dense and therefore if a man directed his fire well he should not miss."

Q. What can be inferred from the passage about the general regarding his decision to fire at the crowd?

Detailed Solution for CLAT Practice Test- 34 - Question 16
The correct answer is option c. In several places throughout the passage, the general states that he was unable to disperse the crowd quick enough and that continued firing would result in this (as indicated by 'I thought it ... sufficient'). In terms of losing face, the general indicates this by stating "then they would all come back and laugh at me, and I considered I would be making myself a fool." This suggests that the general felt that he would lose credibility among the crowd.
CLAT Practice Test- 34 - Question 17

Directions: Read the following passage and answer the question.

"Did you continue firing?"

"Yes," replied the general.

There was an audible gasp that echoed through this crowded room in response to that single word. His Lordship waited for silence to be restored, sitting with eyes lowered, hands clasped tightly on the long table that separated the Committee from everyone else. The folds of his black robe pinched against the table's edge as he hunched forward, leaning heavily on his elbows, asking in a voice strained thin by incredulity:

"If the crowd was going to disperse, why did you not stop firing?"

"I thought it my duty to go on firing until it dispersed. If I fired a little, the effect would not be sufficient. If I had fired a little I should be wrong in firing at all."

"What reason had you to suppose that if you had ordered the assembly to leave the Bagh they would not have done so without the necessity of your firing, continued firing for a length of time?"

"Yes, I think it is quite possible that I could have dispersed them perhaps even without firing."

"Why did you not adopt that course" His Lordship asked, shaking his head, more in wonder than horror, as he asked the question.

"I could not disperse them for some time," the General answered, speaking slowly, sounding distracted as he stared over the heads of the judges, "then they would all come back and laugh at me, and I considered I would be making myself a fool."

A wave of startled comment greeted this remark, and the clamour became so loud that His Lordship was obliged to rap his gavel before continuing his interrogation.

"You know that the casualties were something between four hundred and five hundred."

"Yes I have seen it in the papers. I divided all my rounds by five--" He paused and touched his fingertips to his lips, staring vacantly at the ceiling, mumbling, "I am in doubt whether by five or six--to arrive at the number."

"I understood that the shooting that took place was individual shooting, and it was not volley shooting?"

"No, there was no volley shooting."

"The crowd was very dense?"

"It was very dense."

"It was unlikely that a man shooting into the crowd will miss?"

"No, according to the circumstances of the case," the General replied, shaking his head, sounding bewildered. "They were running, and I noticed only a certain number of men were hit. In the centre of the section, the crowd was very dense and therefore if a man directed his fire well he should not miss."

Q. Why would the general have resorted to individual firing over volley firing?

Detailed Solution for CLAT Practice Test- 34 - Question 17
The answer can be made out from the General's response to His Lordship's question about there being no volley shooting. This is again followed by the His Lordship's question about the crowd's density to which the general confirms that it was very dense. Moreover, earlier in the passage, the general states several times that the crowd would not disperse quickly enough. From this, we can infer that the general opted to use individual firing to break up the crowd more quickly.
CLAT Practice Test- 34 - Question 18

Directions: Read the following passage and answer the question.

"Did you continue firing?"

"Yes," replied the general.

There was an audible gasp that echoed through this crowded room in response to that single word. His Lordship waited for silence to be restored, sitting with eyes lowered, hands clasped tightly on the long table that separated the Committee from everyone else. The folds of his black robe pinched against the table's edge as he hunched forward, leaning heavily on his elbows, asking in a voice strained thin by incredulity:

"If the crowd was going to disperse, why did you not stop firing?"

"I thought it my duty to go on firing until it dispersed. If I fired a little, the effect would not be sufficient. If I had fired a little I should be wrong in firing at all."

"What reason had you to suppose that if you had ordered the assembly to leave the Bagh they would not have done so without the necessity of your firing, continued firing for a length of time?"

"Yes, I think it is quite possible that I could have dispersed them perhaps even without firing."

"Why did you not adopt that course" His Lordship asked, shaking his head, more in wonder than horror, as he asked the question.

"I could not disperse them for some time," the General answered, speaking slowly, sounding distracted as he stared over the heads of the judges, "then they would all come back and laugh at me, and I considered I would be making myself a fool."

A wave of startled comment greeted this remark, and the clamour became so loud that His Lordship was obliged to rap his gavel before continuing his interrogation.

"You know that the casualties were something between four hundred and five hundred."

"Yes I have seen it in the papers. I divided all my rounds by five--" He paused and touched his fingertips to his lips, staring vacantly at the ceiling, mumbling, "I am in doubt whether by five or six--to arrive at the number."

"I understood that the shooting that took place was individual shooting, and it was not volley shooting?"

"No, there was no volley shooting."

"The crowd was very dense?"

"It was very dense."

"It was unlikely that a man shooting into the crowd will miss?"

"No, according to the circumstances of the case," the General replied, shaking his head, sounding bewildered. "They were running, and I noticed only a certain number of men were hit. In the centre of the section, the crowd was very dense and therefore if a man directed his fire well he should not miss."

Q. What does the word 'incredulity' as used in the passage mean?

Detailed Solution for CLAT Practice Test- 34 - Question 18
The correct answer is option 1. We get a sense of the mistrust in the way His Lordship was questioning the general throughout the passage. A good example of this is the question "If the crowd was going to disperse, why did you not stop firing?" Moreover, this line of questioning suggests that His Lordship could not believe how the general could continue firing.
CLAT Practice Test- 34 - Question 19

Directions: Read the following passage and answer the question.

"Did you continue firing?"

"Yes," replied the general.

There was an audible gasp that echoed through this crowded room in response to that single word. His Lordship waited for silence to be restored, sitting with eyes lowered, hands clasped tightly on the long table that separated the Committee from everyone else. The folds of his black robe pinched against the table's edge as he hunched forward, leaning heavily on his elbows, asking in a voice strained thin by incredulity:

"If the crowd was going to disperse, why did you not stop firing?"

"I thought it my duty to go on firing until it dispersed. If I fired a little, the effect would not be sufficient. If I had fired a little I should be wrong in firing at all."

"What reason had you to suppose that if you had ordered the assembly to leave the Bagh they would not have done so without the necessity of your firing, continued firing for a length of time?"

"Yes, I think it is quite possible that I could have dispersed them perhaps even without firing."

"Why did you not adopt that course" His Lordship asked, shaking his head, more in wonder than horror, as he asked the question.

"I could not disperse them for some time," the General answered, speaking slowly, sounding distracted as he stared over the heads of the judges, "then they would all come back and laugh at me, and I considered I would be making myself a fool."

A wave of startled comment greeted this remark, and the clamour became so loud that His Lordship was obliged to rap his gavel before continuing his interrogation.

"You know that the casualties were something between four hundred and five hundred."

"Yes I have seen it in the papers. I divided all my rounds by five--" He paused and touched his fingertips to his lips, staring vacantly at the ceiling, mumbling, "I am in doubt whether by five or six--to arrive at the number."

"I understood that the shooting that took place was individual shooting, and it was not volley shooting?"

"No, there was no volley shooting."

"The crowd was very dense?"

"It was very dense."

"It was unlikely that a man shooting into the crowd will miss?"

"No, according to the circumstances of the case," the General replied, shaking his head, sounding bewildered. "They were running, and I noticed only a certain number of men were hit. In the centre of the section, the crowd was very dense and therefore if a man directed his fire well he should not miss."

Q. According to the passage, why did the general believe it was his duty to continue firing?

Detailed Solution for CLAT Practice Test- 34 - Question 19
The correct answer is option 2. It's clear the general wanted the crowd to disperse which he states in his response: "If I fired a little, the effect would not be sufficient. If I had fired a little I should be wrong in firing at all." These suggest that the general believed that the crowd would not disperse or not disperse enough if only one shot or a few shots were fired and thus, he felt a higher degree of force was required in the form of continued firing.
CLAT Practice Test- 34 - Question 20

Directions: Read the following passage and answer the question.

"Did you continue firing?"

"Yes," replied the general.

There was an audible gasp that echoed through this crowded room in response to that single word. His Lordship waited for silence to be restored, sitting with eyes lowered, hands clasped tightly on the long table that separated the Committee from everyone else. The folds of his black robe pinched against the table's edge as he hunched forward, leaning heavily on his elbows, asking in a voice strained thin by incredulity:

"If the crowd was going to disperse, why did you not stop firing?"

"I thought it my duty to go on firing until it dispersed. If I fired a little, the effect would not be sufficient. If I had fired a little I should be wrong in firing at all."

"What reason had you to suppose that if you had ordered the assembly to leave the Bagh they would not have done so without the necessity of your firing, continued firing for a length of time?"

"Yes, I think it is quite possible that I could have dispersed them perhaps even without firing."

"Why did you not adopt that course" His Lordship asked, shaking his head, more in wonder than horror, as he asked the question.

"I could not disperse them for some time," the General answered, speaking slowly, sounding distracted as he stared over the heads of the judges, "then they would all come back and laugh at me, and I considered I would be making myself a fool."

A wave of startled comment greeted this remark, and the clamour became so loud that His Lordship was obliged to rap his gavel before continuing his interrogation.

"You know that the casualties were something between four hundred and five hundred."

"Yes I have seen it in the papers. I divided all my rounds by five--" He paused and touched his fingertips to his lips, staring vacantly at the ceiling, mumbling, "I am in doubt whether by five or six--to arrive at the number."

"I understood that the shooting that took place was individual shooting, and it was not volley shooting?"

"No, there was no volley shooting."

"The crowd was very dense?"

"It was very dense."

"It was unlikely that a man shooting into the crowd will miss?"

"No, according to the circumstances of the case," the General replied, shaking his head, sounding bewildered. "They were running, and I noticed only a certain number of men were hit. In the centre of the section, the crowd was very dense and therefore if a man directed his fire well he should not miss."

Q. According to the passage, why did the crowd in the room gasp when they heard the general's answer?

Detailed Solution for CLAT Practice Test- 34 - Question 20
The correct answer is option 4. The passage states "There was an audible gasp that echoed through this crowded room in response to that single word." The single word would be 'yes' and from this, it can be inferred that the audience was shocked by this answer to His Lordship's question about continuing of the firing.
CLAT Practice Test- 34 - Question 21

Directions: Read the following passage and answer the question.

Gifted journalist Ved Mehta, believed that Gandhi was hard to copy. Writing about Martin Luther King's struggle against racism in the United States, Mehta wondered if Gandhi could be replicated in that country. He thought that Gandhi was lucky not to have been born in Leopold's Congo or Stalin's Russia or Hitler's Germany.

In the same article, Mehta recalls a dialogue between Gandhi and Nehru during the non-cooperation movement of the 1920s. On hearing about a violent incident in the Chauri Chaura village of Uttar Pradesh, Gandhi decided to withdraw the first all-India movement he had led. Jawaharlal Nehru asked him, 'Must we train the 300 and odd millions of India in the theory and practice of non-violent action before we (can) move forward?'

Gandhi's reply was short and unequivocal: 'Yes.' Gandhi's rigour did mellow with age and experience, but some of his tall contemporaries remained sceptical of his strategy of mass mobilisation. Tagore foresaw that Gandhi's legacy might prove tough to follow in the absence of his leadership.

However, Gandhi's legacy is complex and evokes some fundamental issues embedded in the theory of peaceful settlement of conflicts. It is useful to visit these issues today when we are in the middle of a mass movement focused on a subject of Gandhi's deep concern: rural economy. Those in the forefront of this movement are farmers. The questions their protest brings into public attention go well beyond the validity of their apprehensions and doubts. Gandhi is highly relevant to these questions. His legacy for India, and the rest of the modern world, is not confined to the culture of protest. It also involves an interpretation of peace: its logic and the method of inquiry it demands.

Q. Which of the following is FALSE as per the passage?

Detailed Solution for CLAT Practice Test- 34 - Question 21
Option 1 doesn't get any support from the passage. There is no reference to how Gandhi's ideology works or the effect of the protester's suffering on the adversary.

Refer to the line, "It is useful to visit these issues today when we are in the middle of a mass movement...". Thus, as per the last paragraph, option 2 stands true.

The passage cites ''On hearing about a violent incident in the Chauri Chaura village of Uttar Pradesh, Gandhi decided to withdraw the first all-India movement he had led.'' This hints that Gandhi was in the favour of peace not violence. This makes option 3 true.

CLAT Practice Test- 34 - Question 22

Directions: Read the following passage and answer the question.

Gifted journalist Ved Mehta, believed that Gandhi was hard to copy. Writing about Martin Luther King's struggle against racism in the United States, Mehta wondered if Gandhi could be replicated in that country. He thought that Gandhi was lucky not to have been born in Leopold's Congo or Stalin's Russia or Hitler's Germany.

In the same article, Mehta recalls a dialogue between Gandhi and Nehru during the non-cooperation movement of the 1920s. On hearing about a violent incident in the Chauri Chaura village of Uttar Pradesh, Gandhi decided to withdraw the first all-India movement he had led. Jawaharlal Nehru asked him, 'Must we train the 300 and odd millions of India in the theory and practice of non-violent action before we (can) move forward?'

Gandhi's reply was short and unequivocal: 'Yes.' Gandhi's rigour did mellow with age and experience, but some of his tall contemporaries remained sceptical of his strategy of mass mobilisation. Tagore foresaw that Gandhi's legacy might prove tough to follow in the absence of his leadership.

However, Gandhi's legacy is complex and evokes some fundamental issues embedded in the theory of peaceful settlement of conflicts. It is useful to visit these issues today when we are in the middle of a mass movement focused on a subject of Gandhi's deep concern: rural economy. Those in the forefront of this movement are farmers. The questions their protest brings into public attention go well beyond the validity of their apprehensions and doubts. Gandhi is highly relevant to these questions. His legacy for India, and the rest of the modern world, is not confined to the culture of protest. It also involves an interpretation of peace: its logic and the method of inquiry it demands.

Q. What was Tagore's attitude towards legacies of Gandhi?

Detailed Solution for CLAT Practice Test- 34 - Question 22
Refer to the line, ''Tagore foresaw that Gandhi's legacy might prove tough to follow in the absence of his leadership.'' Among the given options, only 'caustic' can be used to describe Tagore's attitude as he highlights his disapproval that Gandhi's ideology of non-violence would not exist without him.
CLAT Practice Test- 34 - Question 23

Directions: Read the following passage and answer the question.

Gifted journalist Ved Mehta, believed that Gandhi was hard to copy. Writing about Martin Luther King's struggle against racism in the United States, Mehta wondered if Gandhi could be replicated in that country. He thought that Gandhi was lucky not to have been born in Leopold's Congo or Stalin's Russia or Hitler's Germany.

In the same article, Mehta recalls a dialogue between Gandhi and Nehru during the non-cooperation movement of the 1920s. On hearing about a violent incident in the Chauri Chaura village of Uttar Pradesh, Gandhi decided to withdraw the first all-India movement he had led. Jawaharlal Nehru asked him, 'Must we train the 300 and odd millions of India in the theory and practice of non-violent action before we (can) move forward?'

Gandhi's reply was short and unequivocal: 'Yes.' Gandhi's rigour did mellow with age and experience, but some of his tall contemporaries remained sceptical of his strategy of mass mobilisation. Tagore foresaw that Gandhi's legacy might prove tough to follow in the absence of his leadership.

However, Gandhi's legacy is complex and evokes some fundamental issues embedded in the theory of peaceful settlement of conflicts. It is useful to visit these issues today when we are in the middle of a mass movement focused on a subject of Gandhi's deep concern: rural economy. Those in the forefront of this movement are farmers. The questions their protest brings into public attention go well beyond the validity of their apprehensions and doubts. Gandhi is highly relevant to these questions. His legacy for India, and the rest of the modern world, is not confined to the culture of protest. It also involves an interpretation of peace: its logic and the method of inquiry it demands.

Q. Why did the author call Gandhi lucky?

Detailed Solution for CLAT Practice Test- 34 - Question 23
Refer to lines, ''Writing about Martin Luther King's struggle against racism in the United States, Mehta wondered if Gandhi could be replicated in that country. He thought that Gandhi was lucky not to have been born in Leopold's Congo or Stalin's Russia or Hitler's Germany.''
CLAT Practice Test- 34 - Question 24

Directions: Read the following passage and answer the question.

Gifted journalist Ved Mehta, believed that Gandhi was hard to copy. Writing about Martin Luther King's struggle against racism in the United States, Mehta wondered if Gandhi could be replicated in that country. He thought that Gandhi was lucky not to have been born in Leopold's Congo or Stalin's Russia or Hitler's Germany.

In the same article, Mehta recalls a dialogue between Gandhi and Nehru during the non-cooperation movement of the 1920s. On hearing about a violent incident in the Chauri Chaura village of Uttar Pradesh, Gandhi decided to withdraw the first all-India movement he had led. Jawaharlal Nehru asked him, 'Must we train the 300 and odd millions of India in the theory and practice of non-violent action before we (can) move forward?'

Gandhi's reply was short and unequivocal: 'Yes.' Gandhi's rigour did mellow with age and experience, but some of his tall contemporaries remained sceptical of his strategy of mass mobilisation. Tagore foresaw that Gandhi's legacy might prove tough to follow in the absence of his leadership.

However, Gandhi's legacy is complex and evokes some fundamental issues embedded in the theory of peaceful settlement of conflicts. It is useful to visit these issues today when we are in the middle of a mass movement focused on a subject of Gandhi's deep concern: rural economy. Those in the forefront of this movement are farmers. The questions their protest brings into public attention go well beyond the validity of their apprehensions and doubts. Gandhi is highly relevant to these questions. His legacy for India, and the rest of the modern world, is not confined to the culture of protest. It also involves an interpretation of peace: its logic and the method of inquiry it demands.

Q. Which of the following can be inferred from the passage?

Detailed Solution for CLAT Practice Test- 34 - Question 24
The hint can be drawn from the line ''Mehta wondered if Gandhi could be replicated in that country.'' Option 2 doesn't get any support from the passage, there is no indication of any guiding philosophy of the country. Option 3 is against the idea conveyed by the author. It is contradictory as per the line, "On hearing about a violent incident ... Gandhi decided to withdraw the first all-India movement he had led". Hence, option 1 is the correct answer.
CLAT Practice Test- 34 - Question 25

Directions: Read the following passage and answer the question.

Gifted journalist Ved Mehta, believed that Gandhi was hard to copy. Writing about Martin Luther King's struggle against racism in the United States, Mehta wondered if Gandhi could be replicated in that country. He thought that Gandhi was lucky not to have been born in Leopold's Congo or Stalin's Russia or Hitler's Germany.

In the same article, Mehta recalls a dialogue between Gandhi and Nehru during the non-cooperation movement of the 1920s. On hearing about a violent incident in the Chauri Chaura village of Uttar Pradesh, Gandhi decided to withdraw the first all-India movement he had led. Jawaharlal Nehru asked him, 'Must we train the 300 and odd millions of India in the theory and practice of non-violent action before we (can) move forward?'

Gandhi's reply was short and unequivocal: 'Yes.' Gandhi's rigour did mellow with age and experience, but some of his tall contemporaries remained sceptical of his strategy of mass mobilisation. Tagore foresaw that Gandhi's legacy might prove tough to follow in the absence of his leadership.

However, Gandhi's legacy is complex and evokes some fundamental issues embedded in the theory of peaceful settlement of conflicts. It is useful to visit these issues today when we are in the middle of a mass movement focused on a subject of Gandhi's deep concern: rural economy. Those in the forefront of this movement are farmers. The questions their protest brings into public attention go well beyond the validity of their apprehensions and doubts. Gandhi is highly relevant to these questions. His legacy for India, and the rest of the modern world, is not confined to the culture of protest. It also involves an interpretation of peace: its logic and the method of inquiry it demands.

Q. What is the meaning of the word 'unequivocal' as used by the author in the passage?

Detailed Solution for CLAT Practice Test- 34 - Question 25
Refer to the lines, "Jawaharlal Nehru asked him, 'Must we train the 300 and odd millions of India in the theory and practice of non-violent action before we (can) move forward?'

Gandhi's reply was short and unequivocal: 'Yes.' Gandhi's rigour did mellow with age and experience..." From this it can be inferred that Gandhi had a clarity of thought, had no doubt regarding his ideology of non-violence. 'Unequivocal' is used here to signify the clarity of thought. The word which means the same as unequivocal as used in the given lines is 'explicit' which means to state something clearly, leaving no room for confusion or doubt. Hence, option 2 is the correct answer.

CLAT Practice Test- 34 - Question 26

Direction: Read the passage and answer the questions that follow.

The time has come when some introspection by the Indian media is required. Many people, not only those in authority but even ordinary people, have started saying that the media have become irresponsible and wayward, and need to be reined in. A couple of days back, the Union government has issued some regulations regarding licences for news channels, to which there was a lot of reaction. Under the Constitution of India, freedom of the media is part of the freedom of speech guaranteed by Article 19 (1) (a). However, no freedom can be absolute, and reasonable restrictions can be placed on it. One of the basic tasks of the media is to provide truthful and objective information to the people that will enable them to form rational opinions, which is a sine qua non in a democracy. But are the Indian media performing this role properly?

One of the defects is that the media often twist facts. They would misinterpret words, publish news that are false and defamatory, with the obvious intention of creating a sensation. A second defect concerns the issue of paid news that has become prominent of late. In the 2009 elections, it was a scandal. How this vicious practice could be stopped needs to be discussed. A third defect is that the media often portray non-issues as real issues, while the real issues are sidelined. The real issues in India are economic, that is, the terrible economic conditions in which 80 per cent of our people are living, the poverty, unemployment, lack of housing and medical care and so on. Instead of addressing these real issues, the media often try to divert the attention of people to non-issues.

There are two ways to remove these defects in the media. One is the democratic way, that is, through discussions, consultations and persuasion. The other way is by using harsh measures against the media, for example, by imposing heavy fines on defaulters, stopping government advertisements to them, suspending their licences, and so on.

India is passing through a transitional period in its history, from a feudal agricultural society to a modern industrial society. The media must help society in going through this transitional period as quickly as possible. This they can do by attacking feudal ideas, for example, casteism and communalism, and promoting modern scientific ideas.

Q. Which of the following is a near synonym of the word ‘persuasion’?

Detailed Solution for CLAT Practice Test- 34 - Question 26
The word ‘persuasion’ means ‘the action of persuading someone or of being persuaded’.

The word ‘coaxing’ means ‘the act of persuading someone gently to do something, by being kind and patient, or by appearing to be’.

They are synonyms.

CLAT Practice Test- 34 - Question 27

Direction: Read the passage and answer the questions that follow.

The time has come when some introspection by the Indian media is required. Many people, not only those in authority but even ordinary people, have started saying that the media have become irresponsible and wayward, and need to be reined in. A couple of days back, the Union government has issued some regulations regarding licences for news channels, to which there was a lot of reaction. Under the Constitution of India, freedom of the media is part of the freedom of speech guaranteed by Article 19 (1) (a). However, no freedom can be absolute, and reasonable restrictions can be placed on it. One of the basic tasks of the media is to provide truthful and objective information to the people that will enable them to form rational opinions, which is a sine qua non in a democracy. But are the Indian media performing this role properly?

One of the defects is that the media often twist facts. They would misinterpret words, publish news that are false and defamatory, with the obvious intention of creating a sensation. A second defect concerns the issue of paid news that has become prominent of late. In the 2009 elections, it was a scandal. How this vicious practice could be stopped needs to be discussed. A third defect is that the media often portray non-issues as real issues, while the real issues are sidelined. The real issues in India are economic, that is, the terrible economic conditions in which 80 per cent of our people are living, the poverty, unemployment, lack of housing and medical care and so on. Instead of addressing these real issues, the media often try to divert the attention of people to non-issues.

There are two ways to remove these defects in the media. One is the democratic way, that is, through discussions, consultations and persuasion. The other way is by using harsh measures against the media, for example, by imposing heavy fines on defaulters, stopping government advertisements to them, suspending their licences, and so on.

India is passing through a transitional period in its history, from a feudal agricultural society to a modern industrial society. The media must help society in going through this transitional period as quickly as possible. This they can do by attacking feudal ideas, for example, casteism and communalism, and promoting modern scientific ideas.

Q. How can the media help the Indian society, which is going through a transitional period?

(i) By attacking prominent people in the society.

(ii) By promoting modern scientific ideas.

(iii) By raising their voice against feudal ideas.

(iv) By attacking casteism and innovative ideas.

Detailed Solution for CLAT Practice Test- 34 - Question 27
In the passage, it is stated that, “This they can do by attacking feudal ideas, for example, casteism and communalism, and promoting modern scientific ideas.” So, ii and iii are correct.
CLAT Practice Test- 34 - Question 28

Direction: Read the passage and answer the questions that follow.

The time has come when some introspection by the Indian media is required. Many people, not only those in authority but even ordinary people, have started saying that the media have become irresponsible and wayward, and need to be reined in. A couple of days back, the Union government has issued some regulations regarding licences for news channels, to which there was a lot of reaction. Under the Constitution of India, freedom of the media is part of the freedom of speech guaranteed by Article 19 (1) (a). However, no freedom can be absolute, and reasonable restrictions can be placed on it. One of the basic tasks of the media is to provide truthful and objective information to the people that will enable them to form rational opinions, which is a sine qua non in a democracy. But are the Indian media performing this role properly?

One of the defects is that the media often twist facts. They would misinterpret words, publish news that are false and defamatory, with the obvious intention of creating a sensation. A second defect concerns the issue of paid news that has become prominent of late. In the 2009 elections, it was a scandal. How this vicious practice could be stopped needs to be discussed. A third defect is that the media often portray non-issues as real issues, while the real issues are sidelined. The real issues in India are economic, that is, the terrible economic conditions in which 80 per cent of our people are living, the poverty, unemployment, lack of housing and medical care and so on. Instead of addressing these real issues, the media often try to divert the attention of people to non-issues.

There are two ways to remove these defects in the media. One is the democratic way, that is, through discussions, consultations and persuasion. The other way is by using harsh measures against the media, for example, by imposing heavy fines on defaulters, stopping government advertisements to them, suspending their licences, and so on.

India is passing through a transitional period in its history, from a feudal agricultural society to a modern industrial society. The media must help society in going through this transitional period as quickly as possible. This they can do by attacking feudal ideas, for example, casteism and communalism, and promoting modern scientific ideas.

Q. Which of the following is a more democratic way to remove defects in media?

Detailed Solution for CLAT Practice Test- 34 - Question 28
In the passage, it is stated that “There are two ways to remove these defects in the media. One is the democratic way, that is, through discussions, consultations and persuasion.”
CLAT Practice Test- 34 - Question 29

Direction: Read the passage and answer the questions that follow.

The time has come when some introspection by the Indian media is required. Many people, not only those in authority but even ordinary people, have started saying that the media have become irresponsible and wayward, and need to be reined in. A couple of days back, the Union government has issued some regulations regarding licences for news channels, to which there was a lot of reaction. Under the Constitution of India, freedom of the media is part of the freedom of speech guaranteed by Article 19 (1) (a). However, no freedom can be absolute, and reasonable restrictions can be placed on it. One of the basic tasks of the media is to provide truthful and objective information to the people that will enable them to form rational opinions, which is a sine qua non in a democracy. But are the Indian media performing this role properly?

One of the defects is that the media often twist facts. They would misinterpret words, publish news that are false and defamatory, with the obvious intention of creating a sensation. A second defect concerns the issue of paid news that has become prominent of late. In the 2009 elections, it was a scandal. How this vicious practice could be stopped needs to be discussed. A third defect is that the media often portray non-issues as real issues, while the real issues are sidelined. The real issues in India are economic, that is, the terrible economic conditions in which 80 per cent of our people are living, the poverty, unemployment, lack of housing and medical care and so on. Instead of addressing these real issues, the media often try to divert the attention of people to non-issues.

There are two ways to remove these defects in the media. One is the democratic way, that is, through discussions, consultations and persuasion. The other way is by using harsh measures against the media, for example, by imposing heavy fines on defaulters, stopping government advertisements to them, suspending their licences, and so on.

India is passing through a transitional period in its history, from a feudal agricultural society to a modern industrial society. The media must help society in going through this transitional period as quickly as possible. This they can do by attacking feudal ideas, for example, casteism and communalism, and promoting modern scientific ideas.

Q. Which of the following are the defects of the media pointed out by the author?

(i) Media acts as a pillar of democracy.

(ii) Media often twist facts.

(iii) Media encouraging paid news.

(iv) Media giving prominence to non-issues, instead of real issues.

Detailed Solution for CLAT Practice Test- 34 - Question 29
i cannot be considered as a defect of the media. The other three are mentioned in the second paragraph.
CLAT Practice Test- 34 - Question 30

Direction: Read the passage and answer the questions that follow.

The time has come when some introspection by the Indian media is required. Many people, not only those in authority but even ordinary people, have started saying that the media have become irresponsible and wayward, and need to be reined in. A couple of days back, the Union government has issued some regulations regarding licences for news channels, to which there was a lot of reaction. Under the Constitution of India, freedom of the media is part of the freedom of speech guaranteed by Article 19 (1) (a). However, no freedom can be absolute, and reasonable restrictions can be placed on it. One of the basic tasks of the media is to provide truthful and objective information to the people that will enable them to form rational opinions, which is a sine qua non in a democracy. But are the Indian media performing this role properly?

One of the defects is that the media often twist facts. They would misinterpret words, publish news that are false and defamatory, with the obvious intention of creating a sensation. A second defect concerns the issue of paid news that has become prominent of late. In the 2009 elections, it was a scandal. How this vicious practice could be stopped needs to be discussed. A third defect is that the media often portray non-issues as real issues, while the real issues are sidelined. The real issues in India are economic, that is, the terrible economic conditions in which 80 per cent of our people are living, the poverty, unemployment, lack of housing and medical care and so on. Instead of addressing these real issues, the media often try to divert the attention of people to non-issues.

There are two ways to remove these defects in the media. One is the democratic way, that is, through discussions, consultations and persuasion. The other way is by using harsh measures against the media, for example, by imposing heavy fines on defaulters, stopping government advertisements to them, suspending their licences, and so on.

India is passing through a transitional period in its history, from a feudal agricultural society to a modern industrial society. The media must help society in going through this transitional period as quickly as possible. This they can do by attacking feudal ideas, for example, casteism and communalism, and promoting modern scientific ideas.

Q. Why does the author say that although freedom of the media is part of the freedom of speech guaranteed by the Constitution, the government can issue regulations on media?

Detailed Solution for CLAT Practice Test- 34 - Question 30
In the passage, it is stated that, “Under the Constitution of India, freedom of the media is part of the freedom of speech guaranteed by Article 19 (1) (a). However, no freedom can be absolute, and reasonable restrictions can be placed on it.”
CLAT Practice Test- 34 - Question 31

Directions: Read the given passage and answer the question that follows.

In a unique move, Egypt Post on Thursday released a commemorative postage stamp to celebrate 75 years of diplomatic relations between Egypt and India that were established with Egypt's recognition of the independence of India on 18 August 1947, just three days after India's independence. Over millennia, Egypt and India have long been bound together with historic ties in all fields. This was made possible thanks to the trade contacts that grew along the banks of the river Nile. The two nations got even closer in the 1950s and concluded a historic Friendship Treaty in 1955. During the last couple of years, the traditionally strong bilateral relations enjoyed by the two countries have received an impetus with regular exchange of high-level meetings and contacts between the two sides. The defence partnership is being revived as evident from measures like the visit of Indian Navy ship to Egypt, month long Air Force exercise and visit of Egypt Air Force chief to India in recent months.

Q. Name the currency of Egypt.

Detailed Solution for CLAT Practice Test- 34 - Question 31
The pound is the official currency of Egypt. It is divided into 100 piastres, or ersh.
CLAT Practice Test- 34 - Question 32

Directions: Read the given passage and answer the question that follows.

In a unique move, Egypt Post on Thursday released a commemorative postage stamp to celebrate 75 years of diplomatic relations between Egypt and India that were established with Egypt's recognition of the independence of India on 18 August 1947, just three days after India's independence. Over millennia, Egypt and India have long been bound together with historic ties in all fields. This was made possible thanks to the trade contacts that grew along the banks of the river Nile. The two nations got even closer in the 1950s and concluded a historic Friendship Treaty in 1955. During the last couple of years, the traditionally strong bilateral relations enjoyed by the two countries have received an impetus with regular exchange of high-level meetings and contacts between the two sides. The defence partnership is being revived as evident from measures like the visit of Indian Navy ship to Egypt, month long Air Force exercise and visit of Egypt Air Force chief to India in recent months.

Q. As in 2022, who is the Chief of the Air Staff (CAS) in India?

Detailed Solution for CLAT Practice Test- 34 - Question 32
Air Chief Marshal Vivek Ram Chaudhari is an air officer of the Indian Air Force. He is serving as the Chief of the Air Staff (CAS) as in 2022. He took over as the 27th CAS succeeding Air Chief Marshal Rakesh Kumar Singh Bhadauria on 30th September 2021.
CLAT Practice Test- 34 - Question 33

Directions: Read the given passage and answer the question that follows.

In a unique move, Egypt Post on Thursday released a commemorative postage stamp to celebrate 75 years of diplomatic relations between Egypt and India that were established with Egypt's recognition of the independence of India on 18 August 1947, just three days after India's independence. Over millennia, Egypt and India have long been bound together with historic ties in all fields. This was made possible thanks to the trade contacts that grew along the banks of the river Nile. The two nations got even closer in the 1950s and concluded a historic Friendship Treaty in 1955. During the last couple of years, the traditionally strong bilateral relations enjoyed by the two countries have received an impetus with regular exchange of high-level meetings and contacts between the two sides. The defence partnership is being revived as evident from measures like the visit of Indian Navy ship to Egypt, month long Air Force exercise and visit of Egypt Air Force chief to India in recent months.

Q. River Nile is the longest river in the world. Which among the following is the longest river in India?

Detailed Solution for CLAT Practice Test- 34 - Question 33
River Ganga with a length of 2525 km is the longest river of India as it flows entirely through the mainland. It originates from the Gangotri Glacier.
CLAT Practice Test- 34 - Question 34

Directions: Read the given passage and answer the question that follows.

In a unique move, Egypt Post on Thursday released a commemorative postage stamp to celebrate 75 years of diplomatic relations between Egypt and India that were established with Egypt's recognition of the independence of India on 18 August 1947, just three days after India's independence. Over millennia, Egypt and India have long been bound together with historic ties in all fields. This was made possible thanks to the trade contacts that grew along the banks of the river Nile. The two nations got even closer in the 1950s and concluded a historic Friendship Treaty in 1955. During the last couple of years, the traditionally strong bilateral relations enjoyed by the two countries have received an impetus with regular exchange of high-level meetings and contacts between the two sides. The defence partnership is being revived as evident from measures like the visit of Indian Navy ship to Egypt, month long Air Force exercise and visit of Egypt Air Force chief to India in recent months.

Q. In 1955, Egypt under Gamal Abdel Nasser and India under Jawaharlal Nehru became the founders of the Non-Aligned Movement (NAM) that emerged during:

Detailed Solution for CLAT Practice Test- 34 - Question 34
The Non-Aligned Movement was formed during the Cold War as an organization of states that did not seek to formally align themselves with either the United States or the Soviet Union, but sought to remain independent or neutral.
CLAT Practice Test- 34 - Question 35

Directions: Read the given passage and answer the question that follows.

In a unique move, Egypt Post on Thursday released a commemorative postage stamp to celebrate 75 years of diplomatic relations between Egypt and India that were established with Egypt's recognition of the independence of India on 18 August 1947, just three days after India's independence. Over millennia, Egypt and India have long been bound together with historic ties in all fields. This was made possible thanks to the trade contacts that grew along the banks of the river Nile. The two nations got even closer in the 1950s and concluded a historic Friendship Treaty in 1955. During the last couple of years, the traditionally strong bilateral relations enjoyed by the two countries have received an impetus with regular exchange of high-level meetings and contacts between the two sides. The defence partnership is being revived as evident from measures like the visit of Indian Navy ship to Egypt, month long Air Force exercise and visit of Egypt Air Force chief to India in recent months.

Q. Consider the following statements and mark the correct option.

Statement I: Egypt is a transcontinental country.

Statement II: Cairo is the capital and largest city of Egypt.

Detailed Solution for CLAT Practice Test- 34 - Question 35
Egypt, officially the Arab Republic of Egypt, is a transcontinental country spanning the northeast corner of Africa and southwest corner of Asia via a land bridge formed by the Sinai Peninsula. Cairo is the capital and largest city of Egypt, while Alexandria, the second-largest city, is an important industrial and tourist hub at the Mediterranean coast.
CLAT Practice Test- 34 - Question 36

Directions: Read the given passage and answer the question that follows.

Nilambur and Thrissur have joined the UNESCO Global Network of Learning Cities (GNLC) by promoting lifelong learning among its people. The three Indian towns were among the 77 new members from 44 countries to join the GNLC this year. The UNESCO GNLC is an international network consisting of cities that successfully promote lifelong learning across their communities. It has 294 cities in 76 countries that share inspiration, know-how and best practice among each other. According to UNESCO Director General Audrey Azoulay, the newly admitted UNESCO learning cities, including Nilambur, Thrissur and Warangal, have a wealth of expertise and commitment in ensuring that the right to education becomes a reality for people of all ages. 'With more than half of humanity living in urban areas, cities have the power to drive lifelong learning policies by implementing and supporting local initiatives and bring bottom-up change', Ms. Azoulay said. Nilambur, Thrissur and Warangal were nominated by the National Commission for UNESCO and recommended by a jury of experts considering the city administration's commitment to lifelong learning and its track record of good practices and policy initiatives.

Q. When is the 'International Literacy Day' celebrated?

Detailed Solution for CLAT Practice Test- 34 - Question 36
International Literacy Day is celebrated on September 8 to raise awareness and concern for literacy problems that exist within our own local communities as well as globally. International Literacy Day was founded by proclamation of the United Nations Educational, Scientific and Cultural Organization, or UNESCO, in 1966 to remind the public of the importance of literacy as a matter of dignity and human rights.
CLAT Practice Test- 34 - Question 37

Directions: Read the given passage and answer the question that follows.

Nilambur and Thrissur have joined the UNESCO Global Network of Learning Cities (GNLC) by promoting lifelong learning among its people. The three Indian towns were among the 77 new members from 44 countries to join the GNLC this year. The UNESCO GNLC is an international network consisting of cities that successfully promote lifelong learning across their communities. It has 294 cities in 76 countries that share inspiration, know-how and best practice among each other. According to UNESCO Director General Audrey Azoulay, the newly admitted UNESCO learning cities, including Nilambur, Thrissur and Warangal, have a wealth of expertise and commitment in ensuring that the right to education becomes a reality for people of all ages. 'With more than half of humanity living in urban areas, cities have the power to drive lifelong learning policies by implementing and supporting local initiatives and bring bottom-up change', Ms. Azoulay said. Nilambur, Thrissur and Warangal were nominated by the National Commission for UNESCO and recommended by a jury of experts considering the city administration's commitment to lifelong learning and its track record of good practices and policy initiatives.

Q. Which of the following won the prestigious UNESCO King Sejong Literary Prize 2022, based on the recommendations of an international jury, for its literacy programme?

Detailed Solution for CLAT Practice Test- 34 - Question 37
The Kalinga Institute of Social Sciences (KISS), Bhubaneswar, won the prestigious UNESCO King Sejong Literary Prize 2022 for its literacy programme, based on the recommendations of an international jury. The prize is sponsored by the Government of the Republic of Korea and recognises contributions to mother language-based literacy development.
CLAT Practice Test- 34 - Question 38

Directions: Read the given passage and answer the question that follows.

Nilambur and Thrissur have joined the UNESCO Global Network of Learning Cities (GNLC) by promoting lifelong learning among its people. The three Indian towns were among the 77 new members from 44 countries to join the GNLC this year. The UNESCO GNLC is an international network consisting of cities that successfully promote lifelong learning across their communities. It has 294 cities in 76 countries that share inspiration, know-how and best practice among each other. According to UNESCO Director General Audrey Azoulay, the newly admitted UNESCO learning cities, including Nilambur, Thrissur and Warangal, have a wealth of expertise and commitment in ensuring that the right to education becomes a reality for people of all ages. 'With more than half of humanity living in urban areas, cities have the power to drive lifelong learning policies by implementing and supporting local initiatives and bring bottom-up change', Ms. Azoulay said. Nilambur, Thrissur and Warangal were nominated by the National Commission for UNESCO and recommended by a jury of experts considering the city administration's commitment to lifelong learning and its track record of good practices and policy initiatives.

Q. UNESCO is a member of the United Nations Sustainable Development Group, a coalition of UN agencies and organisations aimed at fulfilling the 'Sustainable Development Goals' (SDGs). SDGs are a collection of how many interlinked global goals?

Detailed Solution for CLAT Practice Test- 34 - Question 38
The 'Sustainable Development Goals' (SDGs) or 'Global Goals' are a collection of 17 interlinked global goals designed to be a shared blueprint for peace and prosperity for people and the planet, now and into the future. The SDGs were set up in 2015 by the United Nations General Assembly (UN-GA) and are intended to be achieved by 2030.
CLAT Practice Test- 34 - Question 39

Directions: Read the given passage and answer the question that follows.

Nilambur and Thrissur have joined the UNESCO Global Network of Learning Cities (GNLC) by promoting lifelong learning among its people. The three Indian towns were among the 77 new members from 44 countries to join the GNLC this year. The UNESCO GNLC is an international network consisting of cities that successfully promote lifelong learning across their communities. It has 294 cities in 76 countries that share inspiration, know-how and best practice among each other. According to UNESCO Director General Audrey Azoulay, the newly admitted UNESCO learning cities, including Nilambur, Thrissur and Warangal, have a wealth of expertise and commitment in ensuring that the right to education becomes a reality for people of all ages. 'With more than half of humanity living in urban areas, cities have the power to drive lifelong learning policies by implementing and supporting local initiatives and bring bottom-up change', Ms. Azoulay said. Nilambur, Thrissur and Warangal were nominated by the National Commission for UNESCO and recommended by a jury of experts considering the city administration's commitment to lifelong learning and its track record of good practices and policy initiatives.

Q. Where is the United Nations Educational, Scientific and Cultural Organization headquartered?

Detailed Solution for CLAT Practice Test- 34 - Question 39
The United Nations Educational, Scientific and Cultural Organization is a specialised agency of the United Nations aimed at promoting world peace and security through international cooperation in education, arts, sciences and culture. Headquartered at the World Heritage Centre in Paris, France, UNESCO has 53 regional field offices.
CLAT Practice Test- 34 - Question 40

Directions: Read the given passage and answer the question that follows.

Nilambur and Thrissur have joined the UNESCO Global Network of Learning Cities (GNLC) by promoting lifelong learning among its people. The three Indian towns were among the 77 new members from 44 countries to join the GNLC this year. The UNESCO GNLC is an international network consisting of cities that successfully promote lifelong learning across their communities. It has 294 cities in 76 countries that share inspiration, know-how and best practice among each other. According to UNESCO Director General Audrey Azoulay, the newly admitted UNESCO learning cities, including Nilambur, Thrissur and Warangal, have a wealth of expertise and commitment in ensuring that the right to education becomes a reality for people of all ages. 'With more than half of humanity living in urban areas, cities have the power to drive lifelong learning policies by implementing and supporting local initiatives and bring bottom-up change', Ms. Azoulay said. Nilambur, Thrissur and Warangal were nominated by the National Commission for UNESCO and recommended by a jury of experts considering the city administration's commitment to lifelong learning and its track record of good practices and policy initiatives.

Q. Nilambur and Thrissur are located in the state of:

Detailed Solution for CLAT Practice Test- 34 - Question 40
Thrissur is a city in the south Indian state of Kerala. It is known for sacred sites and colorful festivals. In its center is the Vadakkumnathan Temple, dedicated to 'Lord Shiva' and adorned with murals. Nilambur is a major town, a municipality, and a Taluk in the Malappuram district of the Indian state of Kerala. It is located close to the Nilgiris range of the Western Ghats on the banks of the 'Chaliyar River'.
CLAT Practice Test- 34 - Question 41

Directions: Read the given passage and answer the question that follows.

'Cryptojacking' attacks on computer systems have gone up by 30%, to 66.7 million in the first half of 2022, compared to the first half of the last year, according to a report by SonicWall, a US-based cyber-security firm. 'While volume increases were widespread, some business sectors were hit harder than the others, such as the finance industry, which saw a rise of 269%', the report said. Cryptojacking is a cyber attack wherein a computing device is hijacked and controlled by the attacker, and its resources are used to illicitly mine cryptocurrency. In most cases, the malicious programme is installed when the user clicks on an unsafe link, or visits an infected website - and unknowingly provides access to their internet-connected device. Terry Greer-King, vice president for EMEA (Europe, Middle East and Africa) at SonicWall, told Tech Monitor that cryptojacking is an appealing alternative for cyber-criminal gangs as it has a lower potential of being detected by the victim; unsuspecting users across the world see their devices get unaccountably slower, but it's hard to tie it to a criminal activity, much less point to the source.

Q. Name the cryptocurrency in relation to which Elon Musk faced a lawsuit.

Detailed Solution for CLAT Practice Test- 34 - Question 41
The eye-watering $258 billion lawsuit accused Elon Musk of operating a pyramid scheme by manipulating Dogecoin investors. The lawsuit mentioned that Musk, his electric car company, and space tourism company SpaceX intentionally drove up Dogecoin's price. Dogecoin price increased 36,000% over the last two years before its untimely crash.
CLAT Practice Test- 34 - Question 42

Directions: Read the given passage and answer the question that follows.

'Cryptojacking' attacks on computer systems have gone up by 30%, to 66.7 million in the first half of 2022, compared to the first half of the last year, according to a report by SonicWall, a US-based cyber-security firm. 'While volume increases were widespread, some business sectors were hit harder than the others, such as the finance industry, which saw a rise of 269%', the report said. Cryptojacking is a cyber attack wherein a computing device is hijacked and controlled by the attacker, and its resources are used to illicitly mine cryptocurrency. In most cases, the malicious programme is installed when the user clicks on an unsafe link, or visits an infected website - and unknowingly provides access to their internet-connected device. Terry Greer-King, vice president for EMEA (Europe, Middle East and Africa) at SonicWall, told Tech Monitor that cryptojacking is an appealing alternative for cyber-criminal gangs as it has a lower potential of being detected by the victim; unsuspecting users across the world see their devices get unaccountably slower, but it's hard to tie it to a criminal activity, much less point to the source.

Q. Consider the following statements and mark the correct option.

Assertion (A): Bitcoin is the most popular cryptocurrency in India.

Reason (R): Bitcoin is a new entrant in the digital world.

Detailed Solution for CLAT Practice Test- 34 - Question 42
Bitcoin is the most popular cryptocurrency in India. This is probably because it is the longest living cryptocurrency and is valued the highest, along with a finite supply currency like gold. Proponents even call Bitcoin the 'gold standard of cryptocurrencies'.
CLAT Practice Test- 34 - Question 43

Directions: Read the given passage and answer the question that follows.

'Cryptojacking' attacks on computer systems have gone up by 30%, to 66.7 million in the first half of 2022, compared to the first half of the last year, according to a report by SonicWall, a US-based cyber-security firm. 'While volume increases were widespread, some business sectors were hit harder than the others, such as the finance industry, which saw a rise of 269%', the report said. Cryptojacking is a cyber attack wherein a computing device is hijacked and controlled by the attacker, and its resources are used to illicitly mine cryptocurrency. In most cases, the malicious programme is installed when the user clicks on an unsafe link, or visits an infected website - and unknowingly provides access to their internet-connected device. Terry Greer-King, vice president for EMEA (Europe, Middle East and Africa) at SonicWall, told Tech Monitor that cryptojacking is an appealing alternative for cyber-criminal gangs as it has a lower potential of being detected by the victim; unsuspecting users across the world see their devices get unaccountably slower, but it's hard to tie it to a criminal activity, much less point to the source.

Q. Which of the following are types of cyber-crime?

(a) Hacking

(b) Spoofing

(c) Phishing

Detailed Solution for CLAT Practice Test- 34 - Question 43
Cyber crimes in India are categorised as

(A) Hacking: Hacking means getting unauthorised access to someone's personal information stored in a computer system without the permission of either rightful owner of the computer or person in charge of that particular system, for illegal gains or misuse.

(B) Spoofing: Spoofing involves misrepresentation of the origin of any data. While an 'Email/SMS' is generated from one source, it shows that it has been generated from another.

(C) Phishing: It involves sending spam emails to users while claiming to be an established enterprise in order to obtain user's personal information.

CLAT Practice Test- 34 - Question 44

Directions: Read the given passage and answer the question that follows.

'Cryptojacking' attacks on computer systems have gone up by 30%, to 66.7 million in the first half of 2022, compared to the first half of the last year, according to a report by SonicWall, a US-based cyber-security firm. 'While volume increases were widespread, some business sectors were hit harder than the others, such as the finance industry, which saw a rise of 269%', the report said. Cryptojacking is a cyber attack wherein a computing device is hijacked and controlled by the attacker, and its resources are used to illicitly mine cryptocurrency. In most cases, the malicious programme is installed when the user clicks on an unsafe link, or visits an infected website - and unknowingly provides access to their internet-connected device. Terry Greer-King, vice president for EMEA (Europe, Middle East and Africa) at SonicWall, told Tech Monitor that cryptojacking is an appealing alternative for cyber-criminal gangs as it has a lower potential of being detected by the victim; unsuspecting users across the world see their devices get unaccountably slower, but it's hard to tie it to a criminal activity, much less point to the source.

Q. Name the primary law that deals with cyber-crime and electronic commerce in India.

Detailed Solution for CLAT Practice Test- 34 - Question 44
The Information Technology Act, 2000 (also known as ITA-2000, or the IT Act) is an Act of the Indian Parliament (No 21 of 2000) notified on 17th October 2000. It is the primary law in India dealing with cyber-crime and electronic commerce. Secondary or subordinate legislation to the IT Act includes the 'Intermediary Guidelines Rules 2011' and the 'Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021'.
CLAT Practice Test- 34 - Question 45

Directions: Read the given passage and answer the question that follows.

'Cryptojacking' attacks on computer systems have gone up by 30%, to 66.7 million in the first half of 2022, compared to the first half of the last year, according to a report by SonicWall, a US-based cyber-security firm. 'While volume increases were widespread, some business sectors were hit harder than the others, such as the finance industry, which saw a rise of 269%', the report said. Cryptojacking is a cyber attack wherein a computing device is hijacked and controlled by the attacker, and its resources are used to illicitly mine cryptocurrency. In most cases, the malicious programme is installed when the user clicks on an unsafe link, or visits an infected website - and unknowingly provides access to their internet-connected device. Terry Greer-King, vice president for EMEA (Europe, Middle East and Africa) at SonicWall, told Tech Monitor that cryptojacking is an appealing alternative for cyber-criminal gangs as it has a lower potential of being detected by the victim; unsuspecting users across the world see their devices get unaccountably slower, but it's hard to tie it to a criminal activity, much less point to the source.

Q. What is the tax rate on cryptocurrency in India?

Detailed Solution for CLAT Practice Test- 34 - Question 45
In 'Budget 2022', the Finance Minister had introduced income tax rules for taxing income from 'virtual digital assets'. Virtual digital assets include cryptocurrency, NFTs, or other instruments of similar nature. Section 115BBH was introduced to tax all gains from the transfer of virtual digital assets (VDAs) at 30%, without allowing any deduction for expenses or set off of any loss.
CLAT Practice Test- 34 - Question 46

Directions: Read the given passage and answer the question that follows.The new British Prime Minister Liz Truss has selected a Cabinet where for the first time a white man will not hold one of the country's four most important ministerial positions. Ms. Truss appointed Kwasi

Kwarteng - whose parents came from Ghana in the 1960s - as Britain's first Black finance minister while James Cleverly is the first Black foreign minister. Cleverly, whose mother hails from Sierra Leone and whose father is white, has in the past spoken about being bullied as a mixed-race child and has said the party needs to do more to attract Black voters. Suella Braverman, whose parents came to Britain from Kenya and Mauritius six decades ago, succeeded Priti Patel as the second ethnic minority home secretary, or interior minister, where she will be responsible for police and immigration. British governments have until a few decades ago been made up of mostly white men. It took until 2002 for Britain to appoint its first ethnic minority cabinet minister when Paul Boateng was appointed chief secretary to the Treasury. Rishi Sunak, whose parents came from India, was Kwarteng's predecessor in the finance job and the runner-up to Truss in the leadership context.

Q. Which of the following was one of the scandals associated with the Prime Minister of the United Kingdom?

Detailed Solution for CLAT Practice Test- 34 - Question 46
Partygate was a political scandal in the United Kingdom about parties and other gatherings of the 'Government' and Conservative Party's staff held during the COVID-19 pandemic in 2020 and 2021, when public health restrictions prohibited most gatherings. Prime Minister Boris Johnson announced his resignation in 2022 after droves of top government officials quit over the 'Partygate' scandal to engulf him, marking an end to three tumultuous years in which he tried to bluster his way through one ethical lapse after the another.
CLAT Practice Test- 34 - Question 47

Directions: Read the given passage and answer the question that follows.The new British Prime Minister Liz Truss has selected a Cabinet where for the first time a white man will not hold one of the country's four most important ministerial positions. Ms. Truss appointed Kwasi

Kwarteng - whose parents came from Ghana in the 1960s - as Britain's first Black finance minister while James Cleverly is the first Black foreign minister. Cleverly, whose mother hails from Sierra Leone and whose father is white, has in the past spoken about being bullied as a mixed-race child and has said the party needs to do more to attract Black voters. Suella Braverman, whose parents came to Britain from Kenya and Mauritius six decades ago, succeeded Priti Patel as the second ethnic minority home secretary, or interior minister, where she will be responsible for police and immigration. British governments have until a few decades ago been made up of mostly white men. It took until 2002 for Britain to appoint its first ethnic minority cabinet minister when Paul Boateng was appointed chief secretary to the Treasury. Rishi Sunak, whose parents came from India, was Kwarteng's predecessor in the finance job and the runner-up to Truss in the leadership context.

Q. The United Kingdom is a _________.

Detailed Solution for CLAT Practice Test- 34 - Question 47
The UK is a parliamentary democracy and a constitutional monarchy. The Parliament of the United Kingdom is sovereign. It is made up of the House of Commons, the House of Lords, and the Crown.
CLAT Practice Test- 34 - Question 48

Directions: Read the given passage and answer the question that follows.The new British Prime Minister Liz Truss has selected a Cabinet where for the first time a white man will not hold one of the country's four most important ministerial positions. Ms. Truss appointed Kwasi

Kwarteng - whose parents came from Ghana in the 1960s - as Britain's first Black finance minister while James Cleverly is the first Black foreign minister. Cleverly, whose mother hails from Sierra Leone and whose father is white, has in the past spoken about being bullied as a mixed-race child and has said the party needs to do more to attract Black voters. Suella Braverman, whose parents came to Britain from Kenya and Mauritius six decades ago, succeeded Priti Patel as the second ethnic minority home secretary, or interior minister, where she will be responsible for police and immigration. British governments have until a few decades ago been made up of mostly white men. It took until 2002 for Britain to appoint its first ethnic minority cabinet minister when Paul Boateng was appointed chief secretary to the Treasury. Rishi Sunak, whose parents came from India, was Kwarteng's predecessor in the finance job and the runner-up to Truss in the leadership context.

Q. Consider the following statements and mark the correct option.

Statement I: The United Kingdom is a sovereign country in Europe.

Statement II: It comprises England, Wales, Scotland, and Northern Ireland.

Detailed Solution for CLAT Practice Test- 34 - Question 48
The United Kingdom, made up of England, Scotland, Wales, and Northern Ireland, is an island nation in the northwestern Europe. It is a sovereign country in Europe, off the north-western coast of the continental mainland.
CLAT Practice Test- 34 - Question 49

Directions: Read the given passage and answer the question that follows.The new British Prime Minister Liz Truss has selected a Cabinet where for the first time a white man will not hold one of the country's four most important ministerial positions. Ms. Truss appointed Kwasi

Kwarteng - whose parents came from Ghana in the 1960s - as Britain's first Black finance minister while James Cleverly is the first Black foreign minister. Cleverly, whose mother hails from Sierra Leone and whose father is white, has in the past spoken about being bullied as a mixed-race child and has said the party needs to do more to attract Black voters. Suella Braverman, whose parents came to Britain from Kenya and Mauritius six decades ago, succeeded Priti Patel as the second ethnic minority home secretary, or interior minister, where she will be responsible for police and immigration. British governments have until a few decades ago been made up of mostly white men. It took until 2002 for Britain to appoint its first ethnic minority cabinet minister when Paul Boateng was appointed chief secretary to the Treasury. Rishi Sunak, whose parents came from India, was Kwarteng's predecessor in the finance job and the runner-up to Truss in the leadership context.

Q. Who was the Prime Minister of England when India got its independence?

Detailed Solution for CLAT Practice Test- 34 - Question 49
Mr. Clement Richard Attlee of Labour Party was the Prime Minister of the United Kingdom from 1945 to 1951. Clement Attlee, the Prime Minister of the United Kingdom, announced on 20th February 1947 that: The British Government would grant full self-government to British India by 30th June 1948 at the latest and that the future of the 'Princely States' would be decided after deciding the date of final transfer.
CLAT Practice Test- 34 - Question 50

Directions: Read the given passage and answer the question that follows.The new British Prime Minister Liz Truss has selected a Cabinet where for the first time a white man will not hold one of the country's four most important ministerial positions. Ms. Truss appointed Kwasi

Kwarteng - whose parents came from Ghana in the 1960s - as Britain's first Black finance minister while James Cleverly is the first Black foreign minister. Cleverly, whose mother hails from Sierra Leone and whose father is white, has in the past spoken about being bullied as a mixed-race child and has said the party needs to do more to attract Black voters. Suella Braverman, whose parents came to Britain from Kenya and Mauritius six decades ago, succeeded Priti Patel as the second ethnic minority home secretary, or interior minister, where she will be responsible for police and immigration. British governments have until a few decades ago been made up of mostly white men. It took until 2002 for Britain to appoint its first ethnic minority cabinet minister when Paul Boateng was appointed chief secretary to the Treasury. Rishi Sunak, whose parents came from India, was Kwarteng's predecessor in the finance job and the runner-up to Truss in the leadership context.

Q. Whom did Liz Truss succeed as the Prime Minister of the United Kingdom on 6th September, 2022?

Detailed Solution for CLAT Practice Test- 34 - Question 50
The Prime Minister of the United Kingdom is the head of government of the United Kingdom. The office of Prime Minister is not established by any statute or constitutional document, but exists only by long-established convention, whereby the reigning monarch appoints as Prime Minister the person most likely to command the confidence of the House of Commons; this individual is typically the leader of the political party or coalition of parties that holds the largest number of seats in that chamber. Liz Truss has been the Prime Minister since 6th September 2022, after replacing Boris Johnson as the leader of the Conservative Party.
CLAT Practice Test- 34 - Question 51

Directions: Read the given passage and answer the question that follows.

On August 30, when Soviet leader Mikhail Gorbachev, who is credited with ending the Cold War, passed away at 91, the dichotomous reaction told a story. Leaders of the West led by the UN Secretary General Antonio Guterres said the world had lost a towering, global leader who had changed the course of history. While Russian President Vladimir Putin sent his deepest condolences and placed red roses beside Gorbachev's coffin, he did not attend the funeral because of a full schedule. At home, Gorbachev's legacy is complicated. He came to power in 1985, and unfurled a process of reforms which were necessary, but he was unable to stop the fall of the Soviet Union. Many Russians put the blame for the turmoil that followed on Gorbachev. Tracing the finals days of the Soviet Union, which collapsed in 1991, in The Last Empire, the historian, Serhii Plokhy, writes that the man at the centre of the events was Gorbachev who had the most to gain or lose from the way things turned out.

Q. The 'Western Bloc' of the 'Cold War' is also known as the NATO bloc. In which year did NATO come into existence?

Detailed Solution for CLAT Practice Test- 34 - Question 51
The North Atlantic Treaty Organization was created in 1949 by the United States, Canada, and several Western European nations to provide collective security against the Soviet Union. The North Atlantic Treaty Organization is an intergovernmental military alliance between 30 member states - 28 European and two North American. It was established in the aftermath of World War II.
CLAT Practice Test- 34 - Question 52

Directions: Read the given passage and answer the question that follows.

On August 30, when Soviet leader Mikhail Gorbachev, who is credited with ending the Cold War, passed away at 91, the dichotomous reaction told a story. Leaders of the West led by the UN Secretary General Antonio Guterres said the world had lost a towering, global leader who had changed the course of history. While Russian President Vladimir Putin sent his deepest condolences and placed red roses beside Gorbachev's coffin, he did not attend the funeral because of a full schedule. At home, Gorbachev's legacy is complicated. He came to power in 1985, and unfurled a process of reforms which were necessary, but he was unable to stop the fall of the Soviet Union. Many Russians put the blame for the turmoil that followed on Gorbachev. Tracing the finals days of the Soviet Union, which collapsed in 1991, in The Last Empire, the historian, Serhii Plokhy, writes that the man at the centre of the events was Gorbachev who had the most to gain or lose from the way things turned out.

Q. Gorbachev's actions led to the breakup of the Soviet Union. It was nominally a federal union of how many republics?

Detailed Solution for CLAT Practice Test- 34 - Question 52
The Soviet Union, officially the Union of Soviet Socialist Republics (USSR), was a transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, it was nominally a federal union of twenty one republics; in practice, both its government and its economy were highly centralized until its final years.
CLAT Practice Test- 34 - Question 53

Directions: Read the given passage and answer the question that follows.

On August 30, when Soviet leader Mikhail Gorbachev, who is credited with ending the Cold War, passed away at 91, the dichotomous reaction told a story. Leaders of the West led by the UN Secretary General Antonio Guterres said the world had lost a towering, global leader who had changed the course of history. While Russian President Vladimir Putin sent his deepest condolences and placed red roses beside Gorbachev's coffin, he did not attend the funeral because of a full schedule. At home, Gorbachev's legacy is complicated. He came to power in 1985, and unfurled a process of reforms which were necessary, but he was unable to stop the fall of the Soviet Union. Many Russians put the blame for the turmoil that followed on Gorbachev. Tracing the finals days of the Soviet Union, which collapsed in 1991, in The Last Empire, the historian, Serhii Plokhy, writes that the man at the centre of the events was Gorbachev who had the most to gain or lose from the way things turned out.

Q. Name the territory of Ukraine that was annexed by Russia in 2014.

Detailed Solution for CLAT Practice Test- 34 - Question 53
The Republic of Crimea is a federal subject (republic) of Russia. Before its invasion and annexation by Russia in 2014, the territory was administered by Ukraine as the Autonomous Republic of Crimea, and most countries recognize it as such.
CLAT Practice Test- 34 - Question 54

Directions: Read the given passage and answer the question that follows.

On August 30, when Soviet leader Mikhail Gorbachev, who is credited with ending the Cold War, passed away at 91, the dichotomous reaction told a story. Leaders of the West led by the UN Secretary General Antonio Guterres said the world had lost a towering, global leader who had changed the course of history. While Russian President Vladimir Putin sent his deepest condolences and placed red roses beside Gorbachev's coffin, he did not attend the funeral because of a full schedule. At home, Gorbachev's legacy is complicated. He came to power in 1985, and unfurled a process of reforms which were necessary, but he was unable to stop the fall of the Soviet Union. Many Russians put the blame for the turmoil that followed on Gorbachev. Tracing the finals days of the Soviet Union, which collapsed in 1991, in The Last Empire, the historian, Serhii Plokhy, writes that the man at the centre of the events was Gorbachev who had the most to gain or lose from the way things turned out.

Q. There are two very famous terms associated with Mikhail Gorbachev, i.e. glasnost and perestroika, meaning ________ and _________ respectively.

Detailed Solution for CLAT Practice Test- 34 - Question 54
Perestroika (restructuring) and glasnost (openness) were Mikhail Gorbachev's watchwords for the renovation of the Soviet body politic and society that he pursued as the general secretary of the Communist Party from 1985 until 1991. These two terms will be forever associated with Gorbachev and, in essence, will be his legacy.
CLAT Practice Test- 34 - Question 55

Directions: Read the given passage and answer the question that follows.

On August 30, when Soviet leader Mikhail Gorbachev, who is credited with ending the Cold War, passed away at 91, the dichotomous reaction told a story. Leaders of the West led by the UN Secretary General Antonio Guterres said the world had lost a towering, global leader who had changed the course of history. While Russian President Vladimir Putin sent his deepest condolences and placed red roses beside Gorbachev's coffin, he did not attend the funeral because of a full schedule. At home, Gorbachev's legacy is complicated. He came to power in 1985, and unfurled a process of reforms which were necessary, but he was unable to stop the fall of the Soviet Union. Many Russians put the blame for the turmoil that followed on Gorbachev. Tracing the finals days of the Soviet Union, which collapsed in 1991, in The Last Empire, the historian, Serhii Plokhy, writes that the man at the centre of the events was Gorbachev who had the most to gain or lose from the way things turned out.

Q. Which among the following statements is incorrect about the 'Cold War'?

Detailed Solution for CLAT Practice Test- 34 - Question 55
The Cold War was a period of increased tensions and competition for global influence between the United States and the Soviet Union that lasted from approximately 1945 until 1991. Tensions increased in the aftermath of World War II when the United States dropped atom bombs over the Japanese cities of Hiroshima and Nagasaki and Russian forces took over Eastern Europe. During the Cold War, the United States and the Soviet Union never directly attacked one another, but instead fought proxy wars in order to repel or spread communism, respectively.
CLAT Practice Test- 34 - Question 56

Directions: Read the given passage and answer the question that follows.

On 19 December, 1994, the UN General Assembly proclaimed 16 September to be the International Day for the Preservation of the Ozone Layer, commemorating the date when the Montreal Protocol on Substances that Deplete the Ozone Layer was signed in 1987. The day was first celebrated on September 16, 1995. The adoption of the Montreal Protocol on Substances that Deplete the Ozone Layer 35 years ago marked a turning point in environmental history. The Protocol has become a symbol of what global cooperation can achieve if people unite and work together to protect the environment. On this thirty-fifth anniversary, we will remember how the Montreal Protocol ended one of the biggest threats ever to face humanity: the depletion of the ozone layer. When the world found out that man-made chemicals used in aerosol sprays and cooling were creating a hole in the sky, they came together. By 2008, it was the first and only UN environmental agreement to be ratified by every country in the world. With over 99 per cent of ozone-depleting substances now phased out, the ozone layer is healing.

Q. The ozone layer is one of the layers of the ________.

Detailed Solution for CLAT Practice Test- 34 - Question 56
The ozone layer is a thin layer in the Earth's atmosphere that absorbs almost all of the sun's ultraviolet rays. It is one of the layers of the stratosphere, the second layer of the Earth's atmosphere.
CLAT Practice Test- 34 - Question 57

Directions: Read the given passage and answer the question that follows.

On 19 December, 1994, the UN General Assembly proclaimed 16 September to be the International Day for the Preservation of the Ozone Layer, commemorating the date when the Montreal Protocol on Substances that Deplete the Ozone Layer was signed in 1987. The day was first celebrated on September 16, 1995. The adoption of the Montreal Protocol on Substances that Deplete the Ozone Layer 35 years ago marked a turning point in environmental history. The Protocol has become a symbol of what global cooperation can achieve if people unite and work together to protect the environment. On this thirty-fifth anniversary, we will remember how the Montreal Protocol ended one of the biggest threats ever to face humanity: the depletion of the ozone layer. When the world found out that man-made chemicals used in aerosol sprays and cooling were creating a hole in the sky, they came together. By 2008, it was the first and only UN environmental agreement to be ratified by every country in the world. With over 99 per cent of ozone-depleting substances now phased out, the ozone layer is healing.

Q. On 16th September 2009, the Vienna Convention and the Montreal Protocol became the first treaties in the history of the United Nations to achieve universal ratification. When did Vienna Convention come into force?

Detailed Solution for CLAT Practice Test- 34 - Question 57
The Vienna Convention came into force in 1988 and was universally ratified by 2009. It is called the 'Convention for the protection of the Ozone layer'. The purpose of the Vienna Convention is to protect the ozone layer from depletion. 28 countries originally signed the convention on 22nd March, 1985.
CLAT Practice Test- 34 - Question 58

Directions: Read the given passage and answer the question that follows.

On 19 December, 1994, the UN General Assembly proclaimed 16 September to be the International Day for the Preservation of the Ozone Layer, commemorating the date when the Montreal Protocol on Substances that Deplete the Ozone Layer was signed in 1987. The day was first celebrated on September 16, 1995. The adoption of the Montreal Protocol on Substances that Deplete the Ozone Layer 35 years ago marked a turning point in environmental history. The Protocol has become a symbol of what global cooperation can achieve if people unite and work together to protect the environment. On this thirty-fifth anniversary, we will remember how the Montreal Protocol ended one of the biggest threats ever to face humanity: the depletion of the ozone layer. When the world found out that man-made chemicals used in aerosol sprays and cooling were creating a hole in the sky, they came together. By 2008, it was the first and only UN environmental agreement to be ratified by every country in the world. With over 99 per cent of ozone-depleting substances now phased out, the ozone layer is healing.

Q. The United Nations Framework Convention on Climate Change (UNFCCC) established an international environmental treaty to combat dangerous human interference with the climate system. Where was it signed?

Detailed Solution for CLAT Practice Test- 34 - Question 58
The United Nations Framework Convention on Climate Change (UNFCCC) established an international environmental treaty to combat dangerous human interference with the climate system, in part by stabilising greenhouse gas concentrations in the atmosphere. It was signed by 154 states at the United Nations Conference on Environment and Development (UNCED), informally known as the Earth Summit, held in Rio de Janeiro from 3 to 14 June, 1992.
CLAT Practice Test- 34 - Question 59

Directions: Read the given passage and answer the question that follows.

On 19 December, 1994, the UN General Assembly proclaimed 16 September to be the International Day for the Preservation of the Ozone Layer, commemorating the date when the Montreal Protocol on Substances that Deplete the Ozone Layer was signed in 1987. The day was first celebrated on September 16, 1995. The adoption of the Montreal Protocol on Substances that Deplete the Ozone Layer 35 years ago marked a turning point in environmental history. The Protocol has become a symbol of what global cooperation can achieve if people unite and work together to protect the environment. On this thirty-fifth anniversary, we will remember how the Montreal Protocol ended one of the biggest threats ever to face humanity: the depletion of the ozone layer. When the world found out that man-made chemicals used in aerosol sprays and cooling were creating a hole in the sky, they came together. By 2008, it was the first and only UN environmental agreement to be ratified by every country in the world. With over 99 per cent of ozone-depleting substances now phased out, the ozone layer is healing.

Q. Mark the incorrect statement(s) about the Montreal Protocol.

Detailed Solution for CLAT Practice Test- 34 - Question 59
The Montreal Protocol was signed in 1987 and entered into force in January 1989. The protocol gives provisions to reduce the production and consumption of ODSs to protect the ozone layer. India became a signatory to the Montreal Protocol in 1992. India is an Article 5 country and is entitled to assistance from the Multilateral Fund in its efforts to phase out ODSs and switch over to non-ODS technologies.
CLAT Practice Test- 34 - Question 60

Directions: Read the given passage and answer the question that follows.

On 19 December, 1994, the UN General Assembly proclaimed 16 September to be the International Day for the Preservation of the Ozone Layer, commemorating the date when the Montreal Protocol on Substances that Deplete the Ozone Layer was signed in 1987. The day was first celebrated on September 16, 1995. The adoption of the Montreal Protocol on Substances that Deplete the Ozone Layer 35 years ago marked a turning point in environmental history. The Protocol has become a symbol of what global cooperation can achieve if people unite and work together to protect the environment. On this thirty-fifth anniversary, we will remember how the Montreal Protocol ended one of the biggest threats ever to face humanity: the depletion of the ozone layer. When the world found out that man-made chemicals used in aerosol sprays and cooling were creating a hole in the sky, they came together. By 2008, it was the first and only UN environmental agreement to be ratified by every country in the world. With over 99 per cent of ozone-depleting substances now phased out, the ozone layer is healing.

Q. What was the theme of the World Ozone Day 2022?

Detailed Solution for CLAT Practice Test- 34 - Question 60
The World Ozone Day aims to raise awareness about the role played by ozone layer in protecting life on Earth from UV rays emitted by the Sun. It also aims to stop the use of substances that damage ozone layer and get rid of them completely.

The theme of the World Ozone Day 2022 was 'Global cooperation protecting life on Earth'.

CLAT Practice Test- 34 - Question 61

Directions: Read the given passage and answer the question that follows.

Shri Narayan Rane, Minister, MSME in presence of Shri Manoj Kumar Chairman, KVIC inaugurated 72 Units assisted under PMEGP and Disbursement of Margin Money Subsidy to 720 PMEGP Beneficiaries on 17th September 2022 at KVIC Office, Mumbai on Prime Minister's birthday. In his inaugural speech Shri Rane said in order to build Aatmanirbhar Bharat, make in India is the motto of our Organisation. He appreciated that KVIC is dedicatedly engaged in this mission of Prime Minister to create job opportunity and increase the production. Giving thrust on good quality, he emphasized on increasing export. He also urged to follow the mantra of punctuality, sincerity and discipline for self-reliant and Aatmanirbhar Bharat. On this occasion Prime Minister had online live Conversation with the new Entrepreneurs from Sindhadurg, Maharashtra, Himachal, Jammu and Karnataka. Under this Scheme KVIC has sanctioned 25105 projects and generated employment for 200840 people and released 802.19 crore MM (margin money) upto 2022-2023 as on 15.09.2022 and expected performance of 720 projects, 5760 employment and 27.43 crore of MM. KVIC Chairman ascribed this quantum jump in employment creation to the Prime Minister's push for local manufacturing to achieve self-reliance.

Q. In which year was Khadi launched as a political weapon in the 'Swadeshi movement' of Mahatma Gandhi?

Detailed Solution for CLAT Practice Test- 34 - Question 61
Khadi refers to hand-spun and hand-woven cloth. The raw materials may be cotton, silk, or wool, which are spun into threads on a charkha (a traditional spinning implement). In 1920, 'Khadi' was launched as a political weapon in the 'Swadeshi movement' of Mahatma Gandhi.
CLAT Practice Test- 34 - Question 62

Directions: Read the given passage and answer the question that follows.

Shri Narayan Rane, Minister, MSME in presence of Shri Manoj Kumar Chairman, KVIC inaugurated 72 Units assisted under PMEGP and Disbursement of Margin Money Subsidy to 720 PMEGP Beneficiaries on 17th September 2022 at KVIC Office, Mumbai on Prime Minister's birthday. In his inaugural speech Shri Rane said in order to build Aatmanirbhar Bharat, make in India is the motto of our Organisation. He appreciated that KVIC is dedicatedly engaged in this mission of Prime Minister to create job opportunity and increase the production. Giving thrust on good quality, he emphasized on increasing export. He also urged to follow the mantra of punctuality, sincerity and discipline for self-reliant and Aatmanirbhar Bharat. On this occasion Prime Minister had online live Conversation with the new Entrepreneurs from Sindhadurg, Maharashtra, Himachal, Jammu and Karnataka. Under this Scheme KVIC has sanctioned 25105 projects and generated employment for 200840 people and released 802.19 crore MM (margin money) upto 2022-2023 as on 15.09.2022 and expected performance of 720 projects, 5760 employment and 27.43 crore of MM. KVIC Chairman ascribed this quantum jump in employment creation to the Prime Minister's push for local manufacturing to achieve self-reliance.

Q. Under which act of parliament was KVIC formed?

Detailed Solution for CLAT Practice Test- 34 - Question 62
The Khadi and Village Industries Commission (KVIC) is a statutory body formed in April 1957 by the Government of India, under the Act of Parliament, 'Khadi and Village Industries Commission Act of 1956'. It is an apex organisation under the Ministry of Micro, Small and Medium Enterprises, with regard to khadi and village industries within India, which seeks to - "plan, promote, facilitate, organise and assist in the establishment and development of khadi and village industries in the rural areas in coordination with other agencies engaged in rural development wherever necessary."
CLAT Practice Test- 34 - Question 63

Directions: Read the given passage and answer the question that follows.

Shri Narayan Rane, Minister, MSME in presence of Shri Manoj Kumar Chairman, KVIC inaugurated 72 Units assisted under PMEGP and Disbursement of Margin Money Subsidy to 720 PMEGP Beneficiaries on 17th September 2022 at KVIC Office, Mumbai on Prime Minister's birthday. In his inaugural speech Shri Rane said in order to build Aatmanirbhar Bharat, make in India is the motto of our Organisation. He appreciated that KVIC is dedicatedly engaged in this mission of Prime Minister to create job opportunity and increase the production. Giving thrust on good quality, he emphasized on increasing export. He also urged to follow the mantra of punctuality, sincerity and discipline for self-reliant and Aatmanirbhar Bharat. On this occasion Prime Minister had online live Conversation with the new Entrepreneurs from Sindhadurg, Maharashtra, Himachal, Jammu and Karnataka. Under this Scheme KVIC has sanctioned 25105 projects and generated employment for 200840 people and released 802.19 crore MM (margin money) upto 2022-2023 as on 15.09.2022 and expected performance of 720 projects, 5760 employment and 27.43 crore of MM. KVIC Chairman ascribed this quantum jump in employment creation to the Prime Minister's push for local manufacturing to achieve self-reliance.

Q. What is the full form of KVIC?

Detailed Solution for CLAT Practice Test- 34 - Question 63
Khadi and Village Industries Commission (KVIC) plans, promotes, organises, and implements programs for the development of Khadi and other village industries in rural areas, nationwide. KVIC also helps in building up the reserve of raw materials for supply to producers. The commission focuses on the creation of common service facilities for the processing of raw materials, such as semi-finished goods. KVIC has also helped in the creation of employment in the Khadi industry.
CLAT Practice Test- 34 - Question 64

Directions: Read the given passage and answer the question that follows.

Shri Narayan Rane, Minister, MSME in presence of Shri Manoj Kumar Chairman, KVIC inaugurated 72 Units assisted under PMEGP and Disbursement of Margin Money Subsidy to 720 PMEGP Beneficiaries on 17th September 2022 at KVIC Office, Mumbai on Prime Minister's birthday. In his inaugural speech Shri Rane said in order to build Aatmanirbhar Bharat, make in India is the motto of our Organisation. He appreciated that KVIC is dedicatedly engaged in this mission of Prime Minister to create job opportunity and increase the production. Giving thrust on good quality, he emphasized on increasing export. He also urged to follow the mantra of punctuality, sincerity and discipline for self-reliant and Aatmanirbhar Bharat. On this occasion Prime Minister had online live Conversation with the new Entrepreneurs from Sindhadurg, Maharashtra, Himachal, Jammu and Karnataka. Under this Scheme KVIC has sanctioned 25105 projects and generated employment for 200840 people and released 802.19 crore MM (margin money) upto 2022-2023 as on 15.09.2022 and expected performance of 720 projects, 5760 employment and 27.43 crore of MM. KVIC Chairman ascribed this quantum jump in employment creation to the Prime Minister's push for local manufacturing to achieve self-reliance.

Q. Which of the following two schemes were merged to launch PMEGP?

(a) Prime Minister's Rojgar Yojana

(b) Rural Employment Generation Programme

(c) Atmanirbhar Bharat Rojgar Yojana

(d) National Career Service (NCS) Project

Detailed Solution for CLAT Practice Test- 34 - Question 64
Prime Minister's Employment Generation Programme (PMEGP) is a major credit-linked subsidy scheme launched by merging two schemes, namely Prime Minister's Rojgar Yojana (PMRY) and Rural Employment Generation Programme (REGP), for generating employment opportunities by establishing micro-enterprises in urban and rural areas in the non-farm sector. The scheme is being implemented at the state level through banks, District Industries Centres (DICs), State KVIC Directorates, and State Khadi and Village Industries Boards (KVIBs).
CLAT Practice Test- 34 - Question 65

Directions: Read the given passage and answer the question that follows.

Shri Narayan Rane, Minister, MSME in presence of Shri Manoj Kumar Chairman, KVIC inaugurated 72 Units assisted under PMEGP and Disbursement of Margin Money Subsidy to 720 PMEGP Beneficiaries on 17th September 2022 at KVIC Office, Mumbai on Prime Minister's birthday. In his inaugural speech Shri Rane said in order to build Aatmanirbhar Bharat, make in India is the motto of our Organisation. He appreciated that KVIC is dedicatedly engaged in this mission of Prime Minister to create job opportunity and increase the production. Giving thrust on good quality, he emphasized on increasing export. He also urged to follow the mantra of punctuality, sincerity and discipline for self-reliant and Aatmanirbhar Bharat. On this occasion Prime Minister had online live Conversation with the new Entrepreneurs from Sindhadurg, Maharashtra, Himachal, Jammu and Karnataka. Under this Scheme KVIC has sanctioned 25105 projects and generated employment for 200840 people and released 802.19 crore MM (margin money) upto 2022-2023 as on 15.09.2022 and expected performance of 720 projects, 5760 employment and 27.43 crore of MM. KVIC Chairman ascribed this quantum jump in employment creation to the Prime Minister's push for local manufacturing to achieve self-reliance.

Q. When was Prime Minister's Employment Generation Programme (PMEGP) launched?

Detailed Solution for CLAT Practice Test- 34 - Question 65
Prime Minister's Employment Generation Programme (PMEGP) is a major credit-linked subsidy scheme launched in 2008. The programme is being implemented by the Khadi and Village Industries Commission (KVIC) at the national level. It is the single nodal agency for the implementation of the programme.
CLAT Practice Test- 34 - Question 66

Directions: Read the following passage and answer the question.

The term indemnity literally means security against loss. In a contract of indemnity, one party, i.e. the indemnifier, promise to compensate the other party, i.e. the indemnified, against the loss suffered by the other. The English law defines a contract of indemnity as a promise to save a person harmless from the consequences of an act. Thus, it includes within its ambit losses caused not merely by human agency, but also those caused by accident or fire or other natural calamities. As per Section 124 of the Contract Act, a contract of indemnity is that contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by the conduct of any other person.

The definition provided by the Indian Contract Act confines itself to the losses occasioned due to the act of the promisor or due to the act of any other person. Under a contract of indemnity, liability of the promisor arises from loss caused to the promisee by the conduct of the promisor himself, or as per the terms in the indemnity contract. Every contract of insurance, other than life insurance, is a contract of indemnity. The definition is restricted to cases where loss has been caused by some human agency.

Section 124 deals with one particular kind of indemnity which arises from a promise made by an indemnifier to save the indemnified from the loss caused to him by the conduct of the indemnifier himself or by the conduct of any other person, but does not deal with those classes of cases where the indemnity arises from loss caused by events or accidents which do not depend upon the conduct of indemnifier or any other person.

In a contract of indemnity, there are two parties, i.e. indemnifier and indemnified. A contract of guarantee involves three parties, i.e. creditor, principal debtor and surety. An indemnity is for reimbursement of a loss, while a guarantee is for security of the creditor. In a contract of indemnity, the liability of the indemnifier is primary and arises when the contingent event occurs. In case of contract of guarantee, the liability of surety is secondary and arises when the principal debtor defaults. The indemnifier after performing his part of the promise has no rights against the third party and he can sue the third party only if there is an assignment in his favour. Whereas in a contract of guarantee, the surety steps into the shoes of the creditor on discharge of his liability, and may sue the principal debtor.

Q. A takes credit from B for starting a new business and on the insistence of B, A appoints C as surety. A's business venture was immensely hit by the recession in the market and he fails to pay his dues. B sues C for the money which he owes from A. Decide.

Detailed Solution for CLAT Practice Test- 34 - Question 66
A is the principal debtor. B is the creditor and C is the surety. In case of a contract of guarantee, the liability of the surety is secondary and it arises when the principal debtor defaults. Therefore, C is liable to pay.
CLAT Practice Test- 34 - Question 67

Directions: Read the following passage and answer the question.

The term indemnity literally means security against loss. In a contract of indemnity, one party, i.e. the indemnifier, promise to compensate the other party, i.e. the indemnified, against the loss suffered by the other. The English law defines a contract of indemnity as a promise to save a person harmless from the consequences of an act. Thus, it includes within its ambit losses caused not merely by human agency, but also those caused by accident or fire or other natural calamities. As per Section 124 of the Contract Act, a contract of indemnity is that contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by the conduct of any other person.

The definition provided by the Indian Contract Act confines itself to the losses occasioned due to the act of the promisor or due to the act of any other person. Under a contract of indemnity, liability of the promisor arises from loss caused to the promisee by the conduct of the promisor himself, or as per the terms in the indemnity contract. Every contract of insurance, other than life insurance, is a contract of indemnity. The definition is restricted to cases where loss has been caused by some human agency.

Section 124 deals with one particular kind of indemnity which arises from a promise made by an indemnifier to save the indemnified from the loss caused to him by the conduct of the indemnifier himself or by the conduct of any other person, but does not deal with those classes of cases where the indemnity arises from loss caused by events or accidents which do not depend upon the conduct of indemnifier or any other person.

In a contract of indemnity, there are two parties, i.e. indemnifier and indemnified. A contract of guarantee involves three parties, i.e. creditor, principal debtor and surety. An indemnity is for reimbursement of a loss, while a guarantee is for security of the creditor. In a contract of indemnity, the liability of the indemnifier is primary and arises when the contingent event occurs. In case of contract of guarantee, the liability of surety is secondary and arises when the principal debtor defaults. The indemnifier after performing his part of the promise has no rights against the third party and he can sue the third party only if there is an assignment in his favour. Whereas in a contract of guarantee, the surety steps into the shoes of the creditor on discharge of his liability, and may sue the principal debtor.

Q. X, a foreigner, promises to indemnify Y if his business in U.K. suffers any loss. Y's business gets destroyed due to floods in the city. Can Y claim indemnity?

Detailed Solution for CLAT Practice Test- 34 - Question 67
It has been stated in the passage that a contract of indemnity under the English law includes, within its ambit, the losses caused not merely by a human agency, but also those caused by accident or fire or other natural calamities. Hence, X will have to indemnify Y.
CLAT Practice Test- 34 - Question 68

Directions: Read the following passage and answer the question.

The term indemnity literally means security against loss. In a contract of indemnity, one party, i.e. the indemnifier, promise to compensate the other party, i.e. the indemnified, against the loss suffered by the other. The English law defines a contract of indemnity as a promise to save a person harmless from the consequences of an act. Thus, it includes within its ambit losses caused not merely by human agency, but also those caused by accident or fire or other natural calamities. As per Section 124 of the Contract Act, a contract of indemnity is that contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by the conduct of any other person.

The definition provided by the Indian Contract Act confines itself to the losses occasioned due to the act of the promisor or due to the act of any other person. Under a contract of indemnity, liability of the promisor arises from loss caused to the promisee by the conduct of the promisor himself, or as per the terms in the indemnity contract. Every contract of insurance, other than life insurance, is a contract of indemnity. The definition is restricted to cases where loss has been caused by some human agency.

Section 124 deals with one particular kind of indemnity which arises from a promise made by an indemnifier to save the indemnified from the loss caused to him by the conduct of the indemnifier himself or by the conduct of any other person, but does not deal with those classes of cases where the indemnity arises from loss caused by events or accidents which do not depend upon the conduct of indemnifier or any other person.

In a contract of indemnity, there are two parties, i.e. indemnifier and indemnified. A contract of guarantee involves three parties, i.e. creditor, principal debtor and surety. An indemnity is for reimbursement of a loss, while a guarantee is for security of the creditor. In a contract of indemnity, the liability of the indemnifier is primary and arises when the contingent event occurs. In case of contract of guarantee, the liability of surety is secondary and arises when the principal debtor defaults. The indemnifier after performing his part of the promise has no rights against the third party and he can sue the third party only if there is an assignment in his favour. Whereas in a contract of guarantee, the surety steps into the shoes of the creditor on discharge of his liability, and may sue the principal debtor.

Q. A and B enter into a contract of indemnity. A promises B to indemnify B in case of any damage to his car, while he is driving. B's servant crashes the car. Can B claim indemnity?

Detailed Solution for CLAT Practice Test- 34 - Question 68
It has been specified in passage that, under a contract of indemnity, liability of the promisor arises from loss caused to the promisee by the conduct of the promisor himself, or as per the terms in the indemnity contract. The terms of this contract specify that B needs to be the driver when damage to the car happens. Hence, he cannot claim indemnity.
CLAT Practice Test- 34 - Question 69

Directions: Read the following passage and answer the question.

The term indemnity literally means security against loss. In a contract of indemnity, one party, i.e. the indemnifier, promise to compensate the other party, i.e. the indemnified, against the loss suffered by the other. The English law defines a contract of indemnity as a promise to save a person harmless from the consequences of an act. Thus, it includes within its ambit losses caused not merely by human agency, but also those caused by accident or fire or other natural calamities. As per Section 124 of the Contract Act, a contract of indemnity is that contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by the conduct of any other person.

The definition provided by the Indian Contract Act confines itself to the losses occasioned due to the act of the promisor or due to the act of any other person. Under a contract of indemnity, liability of the promisor arises from loss caused to the promisee by the conduct of the promisor himself, or as per the terms in the indemnity contract. Every contract of insurance, other than life insurance, is a contract of indemnity. The definition is restricted to cases where loss has been caused by some human agency.

Section 124 deals with one particular kind of indemnity which arises from a promise made by an indemnifier to save the indemnified from the loss caused to him by the conduct of the indemnifier himself or by the conduct of any other person, but does not deal with those classes of cases where the indemnity arises from loss caused by events or accidents which do not depend upon the conduct of indemnifier or any other person.

In a contract of indemnity, there are two parties, i.e. indemnifier and indemnified. A contract of guarantee involves three parties, i.e. creditor, principal debtor and surety. An indemnity is for reimbursement of a loss, while a guarantee is for security of the creditor. In a contract of indemnity, the liability of the indemnifier is primary and arises when the contingent event occurs. In case of contract of guarantee, the liability of surety is secondary and arises when the principal debtor defaults. The indemnifier after performing his part of the promise has no rights against the third party and he can sue the third party only if there is an assignment in his favour. Whereas in a contract of guarantee, the surety steps into the shoes of the creditor on discharge of his liability, and may sue the principal debtor.

Q. Directions: Read the following passage and answer the question.

The term indemnity literally means security against loss. In a contract of indemnity, one party, i.e. the indemnifier, promise to compensate the other party, i.e. the indemnified, against the loss suffered by the other. The English law defines a contract of indemnity as a promise to save a person harmless from the consequences of an act. Thus, it includes within its ambit losses caused not merely by human agency, but also those caused by accident or fire or other natural calamities. As per Section 124 of the Contract Act, a contract of indemnity is that contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by the conduct of any other person.

The definition provided by the Indian Contract Act confines itself to the losses occasioned due to the act of the promisor or due to the act of any other person. Under a contract of indemnity, liability of the promisor arises from loss caused to the promisee by the conduct of the promisor himself, or as per the terms in the indemnity contract. Every contract of insurance, other than life insurance, is a contract of indemnity. The definition is restricted to cases where loss has been caused by some human agency.

Section 124 deals with one particular kind of indemnity which arises from a promise made by an indemnifier to save the indemnified from the loss caused to him by the conduct of the indemnifier himself or by the conduct of any other person, but does not deal with those classes of cases where the indemnity arises from loss caused by events or accidents which do not depend upon the conduct of indemnifier or any other person.

In a contract of indemnity, there are two parties, i.e. indemnifier and indemnified. A contract of guarantee involves three parties, i.e. creditor, principal debtor and surety. An indemnity is for reimbursement of a loss, while a guarantee is for security of the creditor. In a contract of indemnity, the liability of the indemnifier is primary and arises when the contingent event occurs. In case of contract of guarantee, the liability of surety is secondary and arises when the principal debtor defaults. The indemnifier after performing his part of the promise has no rights against the third party and he can sue the third party only if there is an assignment in his favour. Whereas in a contract of guarantee, the surety steps into the shoes of the creditor on discharge of his liability, and may sue the principal debtor.

Q. A promises B to indemnify him in case his house is damaged by fire. B negligently lights up a firecracker in his house and burns it down. Now B wants to claim indemnity. Can B claim the reimbursement?

Detailed Solution for CLAT Practice Test- 34 - Question 69
A contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by the conduct of any other person, is called a contract of indemnity. Nothing in the passage is mentioned about negligence etc. Hence, option 3 is the right option.
CLAT Practice Test- 34 - Question 70

Directions: Read the following passage and answer the question.

The term indemnity literally means security against loss. In a contract of indemnity, one party, i.e. the indemnifier, promise to compensate the other party, i.e. the indemnified, against the loss suffered by the other. The English law defines a contract of indemnity as a promise to save a person harmless from the consequences of an act. Thus, it includes within its ambit losses caused not merely by human agency, but also those caused by accident or fire or other natural calamities. As per Section 124 of the Contract Act, a contract of indemnity is that contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by the conduct of any other person.

The definition provided by the Indian Contract Act confines itself to the losses occasioned due to the act of the promisor or due to the act of any other person. Under a contract of indemnity, liability of the promisor arises from loss caused to the promisee by the conduct of the promisor himself, or as per the terms in the indemnity contract. Every contract of insurance, other than life insurance, is a contract of indemnity. The definition is restricted to cases where loss has been caused by some human agency.

Section 124 deals with one particular kind of indemnity which arises from a promise made by an indemnifier to save the indemnified from the loss caused to him by the conduct of the indemnifier himself or by the conduct of any other person, but does not deal with those classes of cases where the indemnity arises from loss caused by events or accidents which do not depend upon the conduct of indemnifier or any other person.

In a contract of indemnity, there are two parties, i.e. indemnifier and indemnified. A contract of guarantee involves three parties, i.e. creditor, principal debtor and surety. An indemnity is for reimbursement of a loss, while a guarantee is for security of the creditor. In a contract of indemnity, the liability of the indemnifier is primary and arises when the contingent event occurs. In case of contract of guarantee, the liability of surety is secondary and arises when the principal debtor defaults. The indemnifier after performing his part of the promise has no rights against the third party and he can sue the third party only if there is an assignment in his favour. Whereas in a contract of guarantee, the surety steps into the shoes of the creditor on discharge of his liability, and may sue the principal debtor.

Q. A hires B to kill C. A and B enter into an indemnity agreement, wherein B will be reimbursed if B is hurt or injured in the process of killing C. B gets hurt when he tries to kill C. Can B claim the reimbursement?

Detailed Solution for CLAT Practice Test- 34 - Question 70
In a contract of indemnity, one party, i.e. the indemnifier, promises to compensate the other party, i.e. the indemnified, against the loss suffered by the other. Nothing in this passage is said about the legality of the contract.
CLAT Practice Test- 34 - Question 71

Directions: Read the following passage and answer the question.

The terms robbery, theft, and extortion are very similar and even used interchangeably at times in everyday usage. However, in the legal sense and within the ambit on the Indian Penal Code, 1860 these terms are distinct and have been very clearly defined as distinct crimes. The demarcation between these is given under section 390 of the Penal Code.

Extortion has been defined under Section 383 of the Indian Penal Code, 1860. According to the code, any person who intentionally puts another in fear of injury and thereby dishonestly induces him/her to deliver any property or any valuable security or anything signed or sealed which can be converted into a valuable security is said to have committed extortion. The person committing the offense intentionally puts the victim in fear of injury. The fear of injury must be to such an extent that it is capable of unsettling the mind of the victim and making him give his property. The person committing the offense must dishonestly induce the victim so to put in fear to part with his (the victim's) property.

Robbery is defined by the Black's Law Dictionary as the felonious act of taking the personal property in the possession of another from his person or immediate presence against his will accomplished using force and fear, with an intention of permanently depriving the true owner of the thing in question.

Extortion is 'robbery' if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, instant hurt, or of instant wrongful restraint to that person, or to some other person, and by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted. When a person commits extortion by putting another in the fear of instant death, wrongful restraint or hurt, then the offender induces the person under such fear to deliver the property at that very instant; then and there. The offender is in the near presence of such a person put in fear at the time of extortion.

Robbery differs from extortion in that the property is taken against the will and without the consent of the victim, unlike extortion, where the victim consents, although unwillingly, to surrender money or property. Another distinguishing factor is that the nature of the threat for robbery is limited to immediate physical harm to the victim or his or her home. Extortion, on the other hand, encompasses a greater variety of threats.

Q. Meshu threatens to publish a defamatory libel concerning Sonia unless Sonia gives her money. Meshu induces Sonia and in turn, Sonia delivers her the money. Decide.

Detailed Solution for CLAT Practice Test- 34 - Question 71
It is clearly mentioned in the passage that any person who intentionally puts another in fear of injury and thereby dishonestly induces him/her to deliver any property or any valuable security or anything signed or sealed which can be converted into a valuable security is said to have committed extortion. Publishing a defamatory libel is covered within the ambit of injury as it was sufficient to unsettle Sonia's mind and prompt her to deliver the money to Meshu.
CLAT Practice Test- 34 - Question 72

Directions: Read the following passage and answer the question.

The terms robbery, theft, and extortion are very similar and even used interchangeably at times in everyday usage. However, in the legal sense and within the ambit on the Indian Penal Code, 1860 these terms are distinct and have been very clearly defined as distinct crimes. The demarcation between these is given under section 390 of the Penal Code.

Extortion has been defined under Section 383 of the Indian Penal Code, 1860. According to the code, any person who intentionally puts another in fear of injury and thereby dishonestly induces him/her to deliver any property or any valuable security or anything signed or sealed which can be converted into a valuable security is said to have committed extortion. The person committing the offense intentionally puts the victim in fear of injury. The fear of injury must be to such an extent that it is capable of unsettling the mind of the victim and making him give his property. The person committing the offense must dishonestly induce the victim so to put in fear to part with his (the victim's) property.

Robbery is defined by the Black's Law Dictionary as the felonious act of taking the personal property in the possession of another from his person or immediate presence against his will accomplished using force and fear, with an intention of permanently depriving the true owner of the thing in question.

Extortion is 'robbery' if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, instant hurt, or of instant wrongful restraint to that person, or to some other person, and by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted. When a person commits extortion by putting another in the fear of instant death, wrongful restraint or hurt, then the offender induces the person under such fear to deliver the property at that very instant; then and there. The offender is in the near presence of such a person put in fear at the time of extortion.

Robbery differs from extortion in that the property is taken against the will and without the consent of the victim, unlike extortion, where the victim consents, although unwillingly, to surrender money or property. Another distinguishing factor is that the nature of the threat for robbery is limited to immediate physical harm to the victim or his or her home. Extortion, on the other hand, encompasses a greater variety of threats.

Q. Pranav received several threatening letters over a period of time from an unknown person demanding Rs. 2,00,000 and transfer of his parental property to his brother. Pranav over a period of time felt that someone is constantly following him. Pranav took the letter to the police. Pranav's brother was charged for extortion. Decide.

Detailed Solution for CLAT Practice Test- 34 - Question 72
This is not a case of extortion and Pranav's brother is being falsely charged for it.

The gist of the offence is to put another person in fear of an injury. As this was absent in this case, there can be no extortion.

CLAT Practice Test- 34 - Question 73

Directions: Read the following passage and answer the question.

The terms robbery, theft, and extortion are very similar and even used interchangeably at times in everyday usage. However, in the legal sense and within the ambit on the Indian Penal Code, 1860 these terms are distinct and have been very clearly defined as distinct crimes. The demarcation between these is given under section 390 of the Penal Code.

Extortion has been defined under Section 383 of the Indian Penal Code, 1860. According to the code, any person who intentionally puts another in fear of injury and thereby dishonestly induces him/her to deliver any property or any valuable security or anything signed or sealed which can be converted into a valuable security is said to have committed extortion. The person committing the offense intentionally puts the victim in fear of injury. The fear of injury must be to such an extent that it is capable of unsettling the mind of the victim and making him give his property. The person committing the offense must dishonestly induce the victim so to put in fear to part with his (the victim's) property.

Robbery is defined by the Black's Law Dictionary as the felonious act of taking the personal property in the possession of another from his person or immediate presence against his will accomplished using force and fear, with an intention of permanently depriving the true owner of the thing in question.

Extortion is 'robbery' if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, instant hurt, or of instant wrongful restraint to that person, or to some other person, and by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted. When a person commits extortion by putting another in the fear of instant death, wrongful restraint or hurt, then the offender induces the person under such fear to deliver the property at that very instant; then and there. The offender is in the near presence of such a person put in fear at the time of extortion.

Robbery differs from extortion in that the property is taken against the will and without the consent of the victim, unlike extortion, where the victim consents, although unwillingly, to surrender money or property. Another distinguishing factor is that the nature of the threat for robbery is limited to immediate physical harm to the victim or his or her home. Extortion, on the other hand, encompasses a greater variety of threats.

Q. Ajit obtains property from Rahul by saying,"Your child is in the hands of my gang, and will be put to death unless you send us ten lakh rupees". Decide.

Detailed Solution for CLAT Practice Test- 34 - Question 73
This is a case of extortion as there is no immediate threat to his son.

Ajit obtains property from Rahul by saying, "Your child is in the hands of my gang, and will be put to death unless you send us ten lakh rupees". This is extortion and punishable; but it is not robbery, unless Ajit is put in fear of the instant death of his child.

CLAT Practice Test- 34 - Question 74

Directions: Read the following passage and answer the question.

The terms robbery, theft, and extortion are very similar and even used interchangeably at times in everyday usage. However, in the legal sense and within the ambit on the Indian Penal Code, 1860 these terms are distinct and have been very clearly defined as distinct crimes. The demarcation between these is given under section 390 of the Penal Code.

Extortion has been defined under Section 383 of the Indian Penal Code, 1860. According to the code, any person who intentionally puts another in fear of injury and thereby dishonestly induces him/her to deliver any property or any valuable security or anything signed or sealed which can be converted into a valuable security is said to have committed extortion. The person committing the offense intentionally puts the victim in fear of injury. The fear of injury must be to such an extent that it is capable of unsettling the mind of the victim and making him give his property. The person committing the offense must dishonestly induce the victim so to put in fear to part with his (the victim's) property.

Robbery is defined by the Black's Law Dictionary as the felonious act of taking the personal property in the possession of another from his person or immediate presence against his will accomplished using force and fear, with an intention of permanently depriving the true owner of the thing in question.

Extortion is 'robbery' if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, instant hurt, or of instant wrongful restraint to that person, or to some other person, and by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted. When a person commits extortion by putting another in the fear of instant death, wrongful restraint or hurt, then the offender induces the person under such fear to deliver the property at that very instant; then and there. The offender is in the near presence of such a person put in fear at the time of extortion.

Robbery differs from extortion in that the property is taken against the will and without the consent of the victim, unlike extortion, where the victim consents, although unwillingly, to surrender money or property. Another distinguishing factor is that the nature of the threat for robbery is limited to immediate physical harm to the victim or his or her home. Extortion, on the other hand, encompasses a greater variety of threats.

Q. Tanvi was travelling from Delhi to Agra. Tanvi's car broke down on the way while commuting. She thought of taking a lift on the way. She met Rajat in order to avail help from him. Instead, Rajat showed a pistol to her and demanded her purse. Tanvi in consequence, initially refused to surrender her purse, later in fear she surrendered. Decide.

Detailed Solution for CLAT Practice Test- 34 - Question 74
This is a case of robbery as Rajat showed a pistol which can cause immediate physical harm to Tanvi.

Here Rajat has extorted the purse from Tanvi by putting her in fear of instant hurt, and being present at the time of committing the extortion. Rajat has therefore committed robbery.

CLAT Practice Test- 34 - Question 75

Directions: Read the following passage and answer the question.

The terms robbery, theft, and extortion are very similar and even used interchangeably at times in everyday usage. However, in the legal sense and within the ambit on the Indian Penal Code, 1860 these terms are distinct and have been very clearly defined as distinct crimes. The demarcation between these is given under section 390 of the Penal Code.

Extortion has been defined under Section 383 of the Indian Penal Code, 1860. According to the code, any person who intentionally puts another in fear of injury and thereby dishonestly induces him/her to deliver any property or any valuable security or anything signed or sealed which can be converted into a valuable security is said to have committed extortion. The person committing the offense intentionally puts the victim in fear of injury. The fear of injury must be to such an extent that it is capable of unsettling the mind of the victim and making him give his property. The person committing the offense must dishonestly induce the victim so to put in fear to part with his (the victim's) property.

Robbery is defined by the Black's Law Dictionary as the felonious act of taking the personal property in the possession of another from his person or immediate presence against his will accomplished using force and fear, with an intention of permanently depriving the true owner of the thing in question.

Extortion is 'robbery' if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, instant hurt, or of instant wrongful restraint to that person, or to some other person, and by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted. When a person commits extortion by putting another in the fear of instant death, wrongful restraint or hurt, then the offender induces the person under such fear to deliver the property at that very instant; then and there. The offender is in the near presence of such a person put in fear at the time of extortion.

Robbery differs from extortion in that the property is taken against the will and without the consent of the victim, unlike extortion, where the victim consents, although unwillingly, to surrender money or property. Another distinguishing factor is that the nature of the threat for robbery is limited to immediate physical harm to the victim or his or her home. Extortion, on the other hand, encompasses a greater variety of threats.

Q. Madhu living in Mathura is a single mother, who lives with her 10 year old daughter. Madhu hired Raju to cook lunch for them. One afternoon, Raju with his friend threatened Madhu that they would kill her daughter if she doesn't surrender all her ornaments and cash to both of them. She refused to do the same and fought in rebellion. Raju and his friend forcefully took the ornaments and cash with them. Decide.

Detailed Solution for CLAT Practice Test- 34 - Question 75
This is a case of robbery. Robbery is defined by the Black's Law Dictionary as the felonious act of taking the personal property in possession of another from his person or immediate presence against his will accomplished using force and fear, with an intention of permanently depriving the true owner of the thing in question. Hence, here force was used to deprive Madhu of her property.
CLAT Practice Test- 34 - Question 76

Directions: Read the following passage and answer the question.

Section 10 deals with the doctrine of res sub-judice. 'Res' means 'matter or litigation' and 'sub-judice' means 'pending (under judgement)'. Conjoining the two, it implies that the rule of Res sub-judice relates to a matter which is pending judicial enquiry. In other words, this rule applies where a matter is already pending before a competent court for the purpose of adjudication Section 10 of CPC deals with the stay of civil suits.

No court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other court in India having jurisdiction to grant the relief claimed, or in any court beyond the limits of India established or continued by the Central Government and having like jurisdiction, or before the Supreme Court.

'Res judicata' means a final judicial decision pronounced by a judicial tribunal having competent jurisdiction over the cause or matter in litigation and over the parties thereto. Section 11 of the Code of Civil Procedure, 1908, embodies the rule of res judicata or the rule of conclusiveness of the judgement, as to the points decided either of facts, or of law, or of facts and law, in every subsequent suit between the same parties. It enacts that once a matter is finally decided by a competent court, no party can be permitted to reopen it in a subsequent litigation. To constitute a matter as res judicata under Section 11, certain conditions need to be fulfilled. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually or constructively in the former suit. The former suit must have been a suit between the same parties or between parties under whom they or any of them claim. Such parties must have been litigating under the same title in the former suit. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the former suit.

Q. A sues B for the possession of property X based on a sale deed in his favour. B impugns the deed as fictitious. The plea is upheld and the suit is dismissed. A subsequent suit for property Y, on the basis of the same sale deed, is filed by A against B. Is the second suit maintainable?

Detailed Solution for CLAT Practice Test- 34 - Question 76
The second suit on the basis of same sale deed is barred by res judicata as issue about the fictitious nature of sale deed was actually in issue in the former suit directly and substantially. It is clearly mentioned in the passage that for the application of Section 11, certain conditions need to be fulfilled. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually or constructively in the former suit. The former suit must have been a suit between the same parties or between the parties under whom they or any of them claims. Since these conditions are fulfilled, the second suit is barred due to the application of the principle of res judicata.
CLAT Practice Test- 34 - Question 77

Directions: Read the following passage and answer the question.

Section 10 deals with the doctrine of res sub-judice. 'Res' means 'matter or litigation' and 'sub-judice' means 'pending (under judgement)'. Conjoining the two, it implies that the rule of Res sub-judice relates to a matter which is pending judicial enquiry. In other words, this rule applies where a matter is already pending before a competent court for the purpose of adjudication Section 10 of CPC deals with the stay of civil suits.

No court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other court in India having jurisdiction to grant the relief claimed, or in any court beyond the limits of India established or continued by the Central Government and having like jurisdiction, or before the Supreme Court.

'Res judicata' means a final judicial decision pronounced by a judicial tribunal having competent jurisdiction over the cause or matter in litigation and over the parties thereto. Section 11 of the Code of Civil Procedure, 1908, embodies the rule of res judicata or the rule of conclusiveness of the judgement, as to the points decided either of facts, or of law, or of facts and law, in every subsequent suit between the same parties. It enacts that once a matter is finally decided by a competent court, no party can be permitted to reopen it in a subsequent litigation. To constitute a matter as res judicata under Section 11, certain conditions need to be fulfilled. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually or constructively in the former suit. The former suit must have been a suit between the same parties or between parties under whom they or any of them claim. Such parties must have been litigating under the same title in the former suit. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the former suit.

Q. Amar was an agent of Samar, who lived in Kanpur. Amar agreed to sell Samar's goods in Bhatinda. Amar filed a suit for balance of the unpaid payment in Bhatinda. Samar sues Amar for accounts and his negligence in Kanpur; while the case is pending in Bhatinda. Decide.

Detailed Solution for CLAT Practice Test- 34 - Question 77
The second suit will be barred by res sub-judice.

In this case, Kanpur Court is precluded from conducting trial and can petition Bhatinda Court to direct stay of proceedings against Kanpur Court.

CLAT Practice Test- 34 - Question 78

Directions: Read the following passage and answer the question.

Section 10 deals with the doctrine of res sub-judice. 'Res' means 'matter or litigation' and 'sub-judice' means 'pending (under judgement)'. Conjoining the two, it implies that the rule of Res sub-judice relates to a matter which is pending judicial enquiry. In other words, this rule applies where a matter is already pending before a competent court for the purpose of adjudication Section 10 of CPC deals with the stay of civil suits.

No court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other court in India having jurisdiction to grant the relief claimed, or in any court beyond the limits of India established or continued by the Central Government and having like jurisdiction, or before the Supreme Court.

'Res judicata' means a final judicial decision pronounced by a judicial tribunal having competent jurisdiction over the cause or matter in litigation and over the parties thereto. Section 11 of the Code of Civil Procedure, 1908, embodies the rule of res judicata or the rule of conclusiveness of the judgement, as to the points decided either of facts, or of law, or of facts and law, in every subsequent suit between the same parties. It enacts that once a matter is finally decided by a competent court, no party can be permitted to reopen it in a subsequent litigation. To constitute a matter as res judicata under Section 11, certain conditions need to be fulfilled. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually or constructively in the former suit. The former suit must have been a suit between the same parties or between parties under whom they or any of them claim. Such parties must have been litigating under the same title in the former suit. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the former suit.

Q. Aman (the tenant) files for a permanent injuction against Brij (the landlord) for not to be dispossessed except by due process of law pleading that Brij is planning to forcibly dispossess him. During the pendency of above suit, Brij attempts to forcibly dispose Aman. Aman files another suit for injuction.

Detailed Solution for CLAT Practice Test- 34 - Question 78
The rule of res sub-judice will apply. It implies that the rule of res sub-judice relates to a matter which is pending judicial enquiry. In other words, this rule applies where a matter is already pending before a competent court for the purpose of adjudication Section 10 of CPC deals with the stay of civil suits.
CLAT Practice Test- 34 - Question 79

Directions: Read the following passage and answer the question.

Section 10 deals with the doctrine of res sub-judice. 'Res' means 'matter or litigation' and 'sub-judice' means 'pending (under judgement)'. Conjoining the two, it implies that the rule of Res sub-judice relates to a matter which is pending judicial enquiry. In other words, this rule applies where a matter is already pending before a competent court for the purpose of adjudication Section 10 of CPC deals with the stay of civil suits.

No court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other court in India having jurisdiction to grant the relief claimed, or in any court beyond the limits of India established or continued by the Central Government and having like jurisdiction, or before the Supreme Court.

'Res judicata' means a final judicial decision pronounced by a judicial tribunal having competent jurisdiction over the cause or matter in litigation and over the parties thereto. Section 11 of the Code of Civil Procedure, 1908, embodies the rule of res judicata or the rule of conclusiveness of the judgement, as to the points decided either of facts, or of law, or of facts and law, in every subsequent suit between the same parties. It enacts that once a matter is finally decided by a competent court, no party can be permitted to reopen it in a subsequent litigation. To constitute a matter as res judicata under Section 11, certain conditions need to be fulfilled. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually or constructively in the former suit. The former suit must have been a suit between the same parties or between parties under whom they or any of them claim. Such parties must have been litigating under the same title in the former suit. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the former suit.

Q. Zia sues for the possession of property as an heir of Mohan. The suit is dismissed on his failure to produce the succession certificate. Zia files subsequent suit as manager of the prprepty. Is the suit barred?

Detailed Solution for CLAT Practice Test- 34 - Question 79
The second suit will not be barred by res judicata as the parties are not litigated under the same title and it specifically involves final judicial decision.
CLAT Practice Test- 34 - Question 80

Directions: Read the following passage and answer the question.

Section 10 deals with the doctrine of res sub-judice. 'Res' means 'matter or litigation' and 'sub-judice' means 'pending (under judgement)'. Conjoining the two, it implies that the rule of Res sub-judice relates to a matter which is pending judicial enquiry. In other words, this rule applies where a matter is already pending before a competent court for the purpose of adjudication Section 10 of CPC deals with the stay of civil suits.

No court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other court in India having jurisdiction to grant the relief claimed, or in any court beyond the limits of India established or continued by the Central Government and having like jurisdiction, or before the Supreme Court.

'Res judicata' means a final judicial decision pronounced by a judicial tribunal having competent jurisdiction over the cause or matter in litigation and over the parties thereto. Section 11 of the Code of Civil Procedure, 1908, embodies the rule of res judicata or the rule of conclusiveness of the judgement, as to the points decided either of facts, or of law, or of facts and law, in every subsequent suit between the same parties. It enacts that once a matter is finally decided by a competent court, no party can be permitted to reopen it in a subsequent litigation. To constitute a matter as res judicata under Section 11, certain conditions need to be fulfilled. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually or constructively in the former suit. The former suit must have been a suit between the same parties or between parties under whom they or any of them claim. Such parties must have been litigating under the same title in the former suit. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the former suit.

Q. Ajay sues Bhavuk for rent. Bhavuk contends that Chandan is the landlord not Ajay. Ajay fails to prove his title and the suit is dismissed. Ajay then sues Bhavuk and Chandan for a declaration of his title to the property. Whether the suit is barred?

Detailed Solution for CLAT Practice Test- 34 - Question 80
The suit is not barred as the parties in both the suits are not the same. As per Section 11, the former suit must have been a suit between the same parties or between parties under whom they or any of them claim.
CLAT Practice Test- 34 - Question 81

Directions: Read the following passage and answer the question.

A criminal conspiracy is an agreement to commit an unlawful act. The agreement itself is the crime, but at least one co-conspirator must take an 'overt act' in furtherance of the conspiracy. Under the federal conspiracy statute:

The agreement by two or more persons is the essence of the crime. If there is no agreement, there can be no conspiracy. The co-conspirators must agree to commit a federal crime or to defraud any federal agency in any manner and for any purpose. At least one co-conspirator must take an overt act in furtherance of the conspiracy.

This overt act itself need not be performed by the active participation of all members of the conspiracy; one co-conspirator's overt act is enough.

For example, one co-conspirator's rental of a van – a perfectly legal act – to be used in a bank robbery is sufficient for his co-conspirators to be held criminally accountable for their agreement to rob the bank, even if no other steps are taken.

A co-conspirator must have knowledge of the agreement and its unlawful objectives, but it isn't necessary for a conspiracy to succeed in its unlawful objective. A defendant can be convicted of conspiracy, yet be acquitted of the substantive crime he conspired to commit.

If the facts support it, a prosecutor will almost always charge conspiracy. It is frequently included along with securities fraud, bank fraud, insurance fraud, and mail or wire fraud charges in white collar criminal cases. In one year alone, federal prosecutors charged conspiracy in nearly 1,000 cases.

A conspiracy charge provides the government with numerous advantages. For one, every member of the conspiracy is responsible for the criminal acts of others taken in furtherance of the conspiracy, so a conspiracy charge can dramatically enhance the consequences of a guilty verdict for any single defendant. For another, evidentiary rules are relaxed for the statements of co-conspirators, making it easier for prosecutors to present the jury with incriminating evidence.

To withdraw from a conspiracy, an individual must take some action to make clear his departure from the conspiracy, such as reporting the conspiracy to authorities. An individual who withdraws from a conspiracy can be held accountable for acts committed while he was a member but not those committed after he withdraws.

Q. B, C, F and G agreed to wage a war against the government of India. B procured arms in Europe, C collected money in Kolkata and F, from Delhi, transmitted the money, which C collected in Kolkata, to G in Kabul. Will this amount to criminal conspiracy?

Detailed Solution for CLAT Practice Test- 34 - Question 81
As given in the passage, a criminal conspiracy is an agreement to commit an unlawful act and at least one co-conspirator must take an 'overt act' in furtherance of the conspiracy. In the given facts, preparing to wage war against the government of India is an unlawful and punishable act. Moreover, all the conspirators did some act in furtherance of the conspiracy. So, this amounts to criminal conspiracy. It is not necessary that the conspirators should have concerted with each other or that they should have been at one place.
CLAT Practice Test- 34 - Question 82

Directions: Read the following passage and answer the question.

A criminal conspiracy is an agreement to commit an unlawful act. The agreement itself is the crime, but at least one co-conspirator must take an 'overt act' in furtherance of the conspiracy. Under the federal conspiracy statute:

The agreement by two or more persons is the essence of the crime. If there is no agreement, there can be no conspiracy. The co-conspirators must agree to commit a federal crime or to defraud any federal agency in any manner and for any purpose. At least one co-conspirator must take an overt act in furtherance of the conspiracy.

This overt act itself need not be performed by the active participation of all members of the conspiracy; one co-conspirator's overt act is enough.

For example, one co-conspirator's rental of a van – a perfectly legal act – to be used in a bank robbery is sufficient for his co-conspirators to be held criminally accountable for their agreement to rob the bank, even if no other steps are taken.

A co-conspirator must have knowledge of the agreement and its unlawful objectives, but it isn't necessary for a conspiracy to succeed in its unlawful objective. A defendant can be convicted of conspiracy, yet be acquitted of the substantive crime he conspired to commit.

If the facts support it, a prosecutor will almost always charge conspiracy. It is frequently included along with securities fraud, bank fraud, insurance fraud, and mail or wire fraud charges in white collar criminal cases. In one year alone, federal prosecutors charged conspiracy in nearly 1,000 cases.

A conspiracy charge provides the government with numerous advantages. For one, every member of the conspiracy is responsible for the criminal acts of others taken in furtherance of the conspiracy, so a conspiracy charge can dramatically enhance the consequences of a guilty verdict for any single defendant. For another, evidentiary rules are relaxed for the statements of co-conspirators, making it easier for prosecutors to present the jury with incriminating evidence.

To withdraw from a conspiracy, an individual must take some action to make clear his departure from the conspiracy, such as reporting the conspiracy to authorities. An individual who withdraws from a conspiracy can be held accountable for acts committed while he was a member but not those committed after he withdraws.

Q. Jonny, living in Assam, and Jinny, from Punjab, for a very long time had been involved in the business of money laundering. They were caught by the government and had a suit filed against them. They gave a plea that they never got into a written agreement for it. Decide.

Detailed Solution for CLAT Practice Test- 34 - Question 82
Even though there was not any written agreement, as they were carrying the business from a long time, it is implied that they had agreed for the same. Hence, this is a criminal conspiracy.
CLAT Practice Test- 34 - Question 83

Directions: Read the following passage and answer the question.

A criminal conspiracy is an agreement to commit an unlawful act. The agreement itself is the crime, but at least one co-conspirator must take an 'overt act' in furtherance of the conspiracy. Under the federal conspiracy statute:

The agreement by two or more persons is the essence of the crime. If there is no agreement, there can be no conspiracy. The co-conspirators must agree to commit a federal crime or to defraud any federal agency in any manner and for any purpose. At least one co-conspirator must take an overt act in furtherance of the conspiracy.

This overt act itself need not be performed by the active participation of all members of the conspiracy; one co-conspirator's overt act is enough.

For example, one co-conspirator's rental of a van – a perfectly legal act – to be used in a bank robbery is sufficient for his co-conspirators to be held criminally accountable for their agreement to rob the bank, even if no other steps are taken.

A co-conspirator must have knowledge of the agreement and its unlawful objectives, but it isn't necessary for a conspiracy to succeed in its unlawful objective. A defendant can be convicted of conspiracy, yet be acquitted of the substantive crime he conspired to commit.

If the facts support it, a prosecutor will almost always charge conspiracy. It is frequently included along with securities fraud, bank fraud, insurance fraud, and mail or wire fraud charges in white collar criminal cases. In one year alone, federal prosecutors charged conspiracy in nearly 1,000 cases.

A conspiracy charge provides the government with numerous advantages. For one, every member of the conspiracy is responsible for the criminal acts of others taken in furtherance of the conspiracy, so a conspiracy charge can dramatically enhance the consequences of a guilty verdict for any single defendant. For another, evidentiary rules are relaxed for the statements of co-conspirators, making it easier for prosecutors to present the jury with incriminating evidence.

To withdraw from a conspiracy, an individual must take some action to make clear his departure from the conspiracy, such as reporting the conspiracy to authorities. An individual who withdraws from a conspiracy can be held accountable for acts committed while he was a member but not those committed after he withdraws.

Q. Sachin was the Branch Manager of MNL Ltd. Bank. A fraud had been materialised with the active co-operation of Sachin as he had given approval of the documents for the same, thereby causing monetary loss to the bank. Sachin was charged with the offence of committing conspiracy with four others, who were later on acquitted. Will this be termed as criminal conspiracy?

Detailed Solution for CLAT Practice Test- 34 - Question 83
Sachin can be convicted of conspiracy because approved the documents, due to which the fraud took place, making it an overt act.

According to the passage, there must be an overt act in conspiracy. This overt act itself need not be performed by the active participation of all members of the conspiracy; one co-conspirator's overt act is enough.

CLAT Practice Test- 34 - Question 84

Directions: Read the following passage and answer the question.

A criminal conspiracy is an agreement to commit an unlawful act. The agreement itself is the crime, but at least one co-conspirator must take an 'overt act' in furtherance of the conspiracy. Under the federal conspiracy statute:

The agreement by two or more persons is the essence of the crime. If there is no agreement, there can be no conspiracy. The co-conspirators must agree to commit a federal crime or to defraud any federal agency in any manner and for any purpose. At least one co-conspirator must take an overt act in furtherance of the conspiracy.

This overt act itself need not be performed by the active participation of all members of the conspiracy; one co-conspirator's overt act is enough.

For example, one co-conspirator's rental of a van – a perfectly legal act – to be used in a bank robbery is sufficient for his co-conspirators to be held criminally accountable for their agreement to rob the bank, even if no other steps are taken.

A co-conspirator must have knowledge of the agreement and its unlawful objectives, but it isn't necessary for a conspiracy to succeed in its unlawful objective. A defendant can be convicted of conspiracy, yet be acquitted of the substantive crime he conspired to commit.

If the facts support it, a prosecutor will almost always charge conspiracy. It is frequently included along with securities fraud, bank fraud, insurance fraud, and mail or wire fraud charges in white collar criminal cases. In one year alone, federal prosecutors charged conspiracy in nearly 1,000 cases.

A conspiracy charge provides the government with numerous advantages. For one, every member of the conspiracy is responsible for the criminal acts of others taken in furtherance of the conspiracy, so a conspiracy charge can dramatically enhance the consequences of a guilty verdict for any single defendant. For another, evidentiary rules are relaxed for the statements of co-conspirators, making it easier for prosecutors to present the jury with incriminating evidence.

To withdraw from a conspiracy, an individual must take some action to make clear his departure from the conspiracy, such as reporting the conspiracy to authorities. An individual who withdraws from a conspiracy can be held accountable for acts committed while he was a member but not those committed after he withdraws.

Q. X, Y, Z agreed to commit R's murder. Out of these three, X without any doubt is involved in the murder. The other two might or might not be involved because the evidence against them is beyond any doubt. Decide.

Detailed Solution for CLAT Practice Test- 34 - Question 84
This is a case of criminal conspiracy.

A co-conspirator must have knowledge of the agreement and its unlawful objectives. In the case, two things are certain i.e. the number of conspirators were three and one of these three was definitely X. Thus, X alone is guilty of criminal conspiracy, others would be acquitted on account of no evidence against them.

CLAT Practice Test- 34 - Question 85

Directions: Read the following passage and answer the question.

A criminal conspiracy is an agreement to commit an unlawful act. The agreement itself is the crime, but at least one co-conspirator must take an 'overt act' in furtherance of the conspiracy. Under the federal conspiracy statute:

The agreement by two or more persons is the essence of the crime. If there is no agreement, there can be no conspiracy. The co-conspirators must agree to commit a federal crime or to defraud any federal agency in any manner and for any purpose. At least one co-conspirator must take an overt act in furtherance of the conspiracy.

This overt act itself need not be performed by the active participation of all members of the conspiracy; one co-conspirator's overt act is enough.

For example, one co-conspirator's rental of a van – a perfectly legal act – to be used in a bank robbery is sufficient for his co-conspirators to be held criminally accountable for their agreement to rob the bank, even if no other steps are taken.

A co-conspirator must have knowledge of the agreement and its unlawful objectives, but it isn't necessary for a conspiracy to succeed in its unlawful objective. A defendant can be convicted of conspiracy, yet be acquitted of the substantive crime he conspired to commit.

If the facts support it, a prosecutor will almost always charge conspiracy. It is frequently included along with securities fraud, bank fraud, insurance fraud, and mail or wire fraud charges in white collar criminal cases. In one year alone, federal prosecutors charged conspiracy in nearly 1,000 cases.

A conspiracy charge provides the government with numerous advantages. For one, every member of the conspiracy is responsible for the criminal acts of others taken in furtherance of the conspiracy, so a conspiracy charge can dramatically enhance the consequences of a guilty verdict for any single defendant. For another, evidentiary rules are relaxed for the statements of co-conspirators, making it easier for prosecutors to present the jury with incriminating evidence.

To withdraw from a conspiracy, an individual must take some action to make clear his departure from the conspiracy, such as reporting the conspiracy to authorities. An individual who withdraws from a conspiracy can be held accountable for acts committed while he was a member but not those committed after he withdraws.

Q. Bhavuk, husband of Charu, had a connection with Pooja. Pooja wanted to Murder Charu in order to marry Bhavuk. Bhavuk instead of telling Pooja's intention to Charu, told Pooja that Charu would be going for a solo trip on a particular date and place. Pooja murdered Charu on the particular date and place. Decide.

Detailed Solution for CLAT Practice Test- 34 - Question 85
This is a case of conspiracy, and Pooja and Bhavuk would be held liable for the conspiracy as he communicated Charu's whereabouts to Pooja.
CLAT Practice Test- 34 - Question 86

Directions: Read the following passage and answer the question.

Insurance is a contract between two persons, an insurer and insured; it is where one person indemnifies the other on payment of consideration which is the premium in the event of happening of uncertain events. There are many kinds of insurances and motor vehicles insurance is one of them and is governed by the Motor Vehicles Act 1939. Every vehicle plying on road has to have compulsory third party insurance so that the insurance company can indemnify the insured against the claims made by the injured person. This was done so that the injured person should not suffer in case the motorist fails to pay to the injured. Under such situations the insurer indemnifies the insured against his liability to third parties. It is known as third party insurance because the beneficiary in this insurance is someone other than the insured and insurer. The liability is fastened on the insurer, and it is unlimited liability in case death or bodily harm is suffered by the third party. Third party insurance is a compulsory insurance under a statute and no person shall use a motor vehicle, except as a passenger, in a public place unless unless there is a policy of insurance complying with the requirements of the MV Act. This has been made amply clear by section 146(1) of the motor vehicles Act, 1988. It will be applicable even when the vehicle is stationary and not moving. The use does not cease on vehicle being immobile or defective. The third party insurance should be from an authorized insurer who is carrying on motor insurance business in India. Third party insurance does not cover injuries to the insured himself but to the rest of the world who is injured by the insured. However, Gratuitous passengers too are not covered under third party insurance as that would render superfluous the intention of the legislature which has taken within its purview the owner of the goods or his authorized representative carried in the vehicle. Also, the persons traveling in a goods vehicle except owner of the goods or his authorised representative would not be covered by the compulsory third party insurance. Regarding transferability of third party insurance it was held in the year 1980 that motor vehicle insurance being a personal contract, the insured cannot transferred the benefits under the policy without the consent of the insurer, or unless there is a stipulation in the policy itself.

Q. X was going towards his office and seeking to get a cab. A cab stopped by him. To X's surprise, his friend Y was driving the cab & already had a passenger Z who had to be dropped at the building adjacent to X's office. Y told X that he will drop him as he was already paid fare by Z. X sat on front seat next to Y. On the way Y got so entangled in talks with X that he overlooked the traffic light & jumped the red light resulting in a fatal collision with a bus. X, Y & Z died on the spot. Claim was made to the insurance company. Decide.

Detailed Solution for CLAT Practice Test- 34 - Question 86
As per passage, third party insurance does not cover injuries to the insured himself but to the rest of the world who is injured by the insured. However, gratuitous passengers too are not covered under third party insurance as that would render superfluous the intention of the legislature which has taken within its purview the owner of the goods or his authorised representative carried in the vehicle. Here, Y took the insurance, X was a gratuitous passenger & only Z was the one taking services of Y.
CLAT Practice Test- 34 - Question 87

Directions: Read the following passage and answer the question.

Insurance is a contract between two persons, an insurer and insured; it is where one person indemnifies the other on payment of consideration which is the premium in the event of happening of uncertain events. There are many kinds of insurances and motor vehicles insurance is one of them and is governed by the Motor Vehicles Act 1939. Every vehicle plying on road has to have compulsory third party insurance so that the insurance company can indemnify the insured against the claims made by the injured person. This was done so that the injured person should not suffer in case the motorist fails to pay to the injured. Under such situations the insurer indemnifies the insured against his liability to third parties. It is known as third party insurance because the beneficiary in this insurance is someone other than the insured and insurer. The liability is fastened on the insurer, and it is unlimited liability in case death or bodily harm is suffered by the third party. Third party insurance is a compulsory insurance under a statute and no person shall use a motor vehicle, except as a passenger, in a public place unless unless there is a policy of insurance complying with the requirements of the MV Act. This has been made amply clear by section 146(1) of the motor vehicles Act, 1988. It will be applicable even when the vehicle is stationary and not moving. The use does not cease on vehicle being immobile or defective. The third party insurance should be from an authorized insurer who is carrying on motor insurance business in India. Third party insurance does not cover injuries to the insured himself but to the rest of the world who is injured by the insured. However, Gratuitous passengers too are not covered under third party insurance as that would render superfluous the intention of the legislature which has taken within its purview the owner of the goods or his authorized representative carried in the vehicle. Also, the persons traveling in a goods vehicle except owner of the goods or his authorised representative would not be covered by the compulsory third party insurance. Regarding transferability of third party insurance it was held in the year 1980 that motor vehicle insurance being a personal contract, the insured cannot transferred the benefits under the policy without the consent of the insurer, or unless there is a stipulation in the policy itself.

Q. Shera, by way of sale gave his Range-Rover car along with all relevant documents including the insurance papers to Salman. Salman on second day of the purchase in drunken state crushed & killed slum-dwellers sleeping on footpath. Salman was asked to compensate the family members of the deceased. However, Salman initiated a suit against the insurance company to fulfill the claim as the vehicle was insured. Decide.

Detailed Solution for CLAT Practice Test- 34 - Question 87
Motor vehicle insurance being a personal contract, the insured cannot transfer the benefits under the policy without the consent of the insurer, or unless there is a stipulation in the policy itself. Shera sold the vehicle to Salman. Hence, it was for Salman to get transferred the insurance to hold Insurance company liable.
CLAT Practice Test- 34 - Question 88

Directions: Read the following passage and answer the question.

Insurance is a contract between two persons, an insurer and insured; it is where one person indemnifies the other on payment of consideration which is the premium in the event of happening of uncertain events. There are many kinds of insurances and motor vehicles insurance is one of them and is governed by the Motor Vehicles Act 1939. Every vehicle plying on road has to have compulsory third party insurance so that the insurance company can indemnify the insured against the claims made by the injured person. This was done so that the injured person should not suffer in case the motorist fails to pay to the injured. Under such situations the insurer indemnifies the insured against his liability to third parties. It is known as third party insurance because the beneficiary in this insurance is someone other than the insured and insurer. The liability is fastened on the insurer, and it is unlimited liability in case death or bodily harm is suffered by the third party. Third party insurance is a compulsory insurance under a statute and no person shall use a motor vehicle, except as a passenger, in a public place unless unless there is a policy of insurance complying with the requirements of the MV Act. This has been made amply clear by section 146(1) of the motor vehicles Act, 1988. It will be applicable even when the vehicle is stationary and not moving. The use does not cease on vehicle being immobile or defective. The third party insurance should be from an authorized insurer who is carrying on motor insurance business in India. Third party insurance does not cover injuries to the insured himself but to the rest of the world who is injured by the insured. However, Gratuitous passengers too are not covered under third party insurance as that would render superfluous the intention of the legislature which has taken within its purview the owner of the goods or his authorized representative carried in the vehicle. Also, the persons traveling in a goods vehicle except owner of the goods or his authorised representative would not be covered by the compulsory third party insurance. Regarding transferability of third party insurance it was held in the year 1980 that motor vehicle insurance being a personal contract, the insured cannot transferred the benefits under the policy without the consent of the insurer, or unless there is a stipulation in the policy itself.

Q. Mundu was loading heavy iron rods on a lorry which were cylindrical in shape and were having sword like tip on both ends. Meanwhile, the lorry driver to warm up the engine turned on the ignition, however the lorry being stationed in gear got a jolt due to the same, making enough turbulance that the rods drifted out from lorry. Mundu now was standing out of truck after loading all rods & rods pierced through his body, scrambling his head and puncturing his stomach. Mundu died on the spot. Decide.

Detailed Solution for CLAT Practice Test- 34 - Question 88
This has been made amply clear by section 146(1) of the motor vehicles Act, 1988, that third party insurance will be applicable even when the vehicle is stationary and not moving. The use does not cease on vehicle being immobile or defective.
CLAT Practice Test- 34 - Question 89

Directions: Read the following passage and answer the question.

Insurance is a contract between two persons, an insurer and insured; it is where one person indemnifies the other on payment of consideration which is the premium in the event of happening of uncertain events. There are many kinds of insurances and motor vehicles insurance is one of them and is governed by the Motor Vehicles Act 1939. Every vehicle plying on road has to have compulsory third party insurance so that the insurance company can indemnify the insured against the claims made by the injured person. This was done so that the injured person should not suffer in case the motorist fails to pay to the injured. Under such situations the insurer indemnifies the insured against his liability to third parties. It is known as third party insurance because the beneficiary in this insurance is someone other than the insured and insurer. The liability is fastened on the insurer, and it is unlimited liability in case death or bodily harm is suffered by the third party. Third party insurance is a compulsory insurance under a statute and no person shall use a motor vehicle, except as a passenger, in a public place unless unless there is a policy of insurance complying with the requirements of the MV Act. This has been made amply clear by section 146(1) of the motor vehicles Act, 1988. It will be applicable even when the vehicle is stationary and not moving. The use does not cease on vehicle being immobile or defective. The third party insurance should be from an authorized insurer who is carrying on motor insurance business in India. Third party insurance does not cover injuries to the insured himself but to the rest of the world who is injured by the insured. However, Gratuitous passengers too are not covered under third party insurance as that would render superfluous the intention of the legislature which has taken within its purview the owner of the goods or his authorized representative carried in the vehicle. Also, the persons traveling in a goods vehicle except owner of the goods or his authorised representative would not be covered by the compulsory third party insurance. Regarding transferability of third party insurance it was held in the year 1980 that motor vehicle insurance being a personal contract, the insured cannot transferred the benefits under the policy without the consent of the insurer, or unless there is a stipulation in the policy itself.

Q. Singham was sitting in his car enjoying loud music, while it was parked in the parking-lot of a residential complex. A traffic-police officer was passing by & because of the loud music approached him & asked for the documents of the vehicle. Singham furnished all available documents. The officer found that the insurance of vehicle had expired a day-ago so Singham was issued a challan for the same. Singham challenged the challan in court. Will the challan be cancelled?

Detailed Solution for CLAT Practice Test- 34 - Question 89
Third party insurance is a compulsory insurance under a statute and no person shall use a motor vehicle, except as a passenger, in a public place unless there is a policy of insurance complying with the requirements of the MV Act. This has been made amply clear by section 146(1) of the motor vehicles Act, 1988. It will be applicable even when the vehicle is stationary and not moving. The use does not cease on vehicle being immobile or defective.
CLAT Practice Test- 34 - Question 90

Directions: Read the following passage and answer the question.

Insurance is a contract between two persons, an insurer and insured; it is where one person indemnifies the other on payment of consideration which is the premium in the event of happening of uncertain events. There are many kinds of insurances and motor vehicles insurance is one of them and is governed by the Motor Vehicles Act 1939. Every vehicle plying on road has to have compulsory third party insurance so that the insurance company can indemnify the insured against the claims made by the injured person. This was done so that the injured person should not suffer in case the motorist fails to pay to the injured. Under such situations the insurer indemnifies the insured against his liability to third parties. It is known as third party insurance because the beneficiary in this insurance is someone other than the insured and insurer. The liability is fastened on the insurer, and it is unlimited liability in case death or bodily harm is suffered by the third party. Third party insurance is a compulsory insurance under a statute and no person shall use a motor vehicle, except as a passenger, in a public place unless unless there is a policy of insurance complying with the requirements of the MV Act. This has been made amply clear by section 146(1) of the motor vehicles Act, 1988. It will be applicable even when the vehicle is stationary and not moving. The use does not cease on vehicle being immobile or defective. The third party insurance should be from an authorized insurer who is carrying on motor insurance business in India. Third party insurance does not cover injuries to the insured himself but to the rest of the world who is injured by the insured. However, Gratuitous passengers too are not covered under third party insurance as that would render superfluous the intention of the legislature which has taken within its purview the owner of the goods or his authorized representative carried in the vehicle. Also, the persons traveling in a goods vehicle except owner of the goods or his authorised representative would not be covered by the compulsory third party insurance. Regarding transferability of third party insurance it was held in the year 1980 that motor vehicle insurance being a personal contract, the insured cannot transferred the benefits under the policy without the consent of the insurer, or unless there is a stipulation in the policy itself.

Q. X, a native of Maharashtra, was travelling solo in Himachal Pardesh. He was hitch-hiking while moving from one district to another. On an evening, he asked a truck driver to take him along to Manali from Mandi as he overheard that his truck was going there. The truck driver was travelling along with his 2 companions, so he asked X to manage to sit on the terrace of cabin, as the lorry was fully loaded with bags of cement. X agreed to do so. While going downhill on a curve, the driver applied brakes all of a sudden resulting in X falling into the trench facing the curve. X was found hanging on a tree, dead.

Parents of X claimed compensation from the insurer of truck. Decide.

Detailed Solution for CLAT Practice Test- 34 - Question 90
Gratuitous passengers are not covered under third party insurance as that would render superfluous the intention of the legislature which has taken within its purview the owner of the goods or his authorised representative carried in the vehicle. Also, the persons travelling in a goods vehicle except owner of the goods or his authorised representative would not be covered by the compulsory third party insurance. Here, X was a gratuitous passenger and was travelling on a goods vehicle not being owner of the goods or authorised representative.
CLAT Practice Test- 34 - Question 91

Directions: Read the following passage and answer the question.

Cattle slaughter, especially cow slaughter, is a controversial topic in India because of the cattle's traditional status as an endeared and respected living being to some sects of Hindus, Jains, Zoroastrians, and Buddhists, while being considered an acceptable source of meat by Muslims. Legislation against cattle slaughter is in place throughout most states of India. On 26th October 2005, the Supreme Court of India, in a landmark judgement, upheld the constitutional validity of anti-cow slaughter laws enacted by different state governments in India. 20 out of 29 states in India currently have various laws regulating act of slaughtered cow, prohibiting the slaughter or sale of cows. Kerala, Assam, Arunachal Pradesh, Mizoram, Meghalaya, Nagaland, Tripura and West Bengal are the states where there are no restrictions on cow slaughter. The Prohibition of Cow Slaughter Act, 1955 mentions that slaughter of cow, bull, bullock, ox, heifer and cow's calf is prohibited.

The same and points hereafter mentioned are applicable in states where slaughter or sale of cows is prohibited. However, there are exceptions for slaughter in case the suffering renders the destruction desirable according to the Veterinary Officer, if it is found out by such officer that the above-mentioned cattle has contagious or infectious disease or it is necessary to terminate it otherwise. The second exception is experimentation in the interest of medical and public health research by a certified practitioner for developing medicine for animals, humans and crops. Also, the sale of beef or beef products is prohibited except for prescribed medical purposes.

Cow slaughter as well as sale of beef invites an imprisonment which may extend to 5 years or/and a fine which may extend to Rs. 2000. The Prohibition of Cow Slaughter (Amendment) Act, 1981 inserted S.4A which prohibits the export of cows for the purpose of slaughter except when a permit is granted by an authorised officer (in accordance with S.4B). Also, Section 9A was inserted which permits the seizure of vehicles in which the cows are found as well as the protection of persons acting in good faith, which means that no suit or other legal proceedings shall be instituted against any person for anything which is done or intended to be done in good faith under the Act or rules made under the Act.

The Prohibition of Cow Slaughter (Amendment) Act, 2011 prescribes penalty for non-compliance of permit requirement for the export of cows and imprisonment for a term which may extend to 2 years or/and a fine which may extend to Rs. 1000 (for contravention of S.4B), and there is also a penalty for slaughter, sale of beef, export of cow without permit which invites an imprisonment up to 10 years and/or a fine which may extend to Rs. 10,000. The offences are cognisable and non-bailable.

Q. Z, a resident of UP, was employed in a dairy farm. One day, he and his wife managed to get hold of a calf of one of the imported buffaloes and killed it for food as they both were fond of red meat. His owner came to know about the act and handed them to police for the slaughter of calf. The police charged them under the Prohibition of Cow Slaughter Act, 1955, and both were sentenced to imprisonment of 10 years for the slaughtering by the court. Decide.

Detailed Solution for CLAT Practice Test- 34 - Question 91
Slaughtering of calf of cow is prohibited under the Act; slaughtering of calf of buffalo is not. They were wrongly charged; hence, the imprisonment is invalid.
CLAT Practice Test- 34 - Question 92

Directions: Read the following passage and answer the question.

Cattle slaughter, especially cow slaughter, is a controversial topic in India because of the cattle's traditional status as an endeared and respected living being to some sects of Hindus, Jains, Zoroastrians, and Buddhists, while being considered an acceptable source of meat by Muslims. Legislation against cattle slaughter is in place throughout most states of India. On 26th October 2005, the Supreme Court of India, in a landmark judgement, upheld the constitutional validity of anti-cow slaughter laws enacted by different state governments in India. 20 out of 29 states in India currently have various laws regulating act of slaughtered cow, prohibiting the slaughter or sale of cows. Kerala, Assam, Arunachal Pradesh, Mizoram, Meghalaya, Nagaland, Tripura and West Bengal are the states where there are no restrictions on cow slaughter. The Prohibition of Cow Slaughter Act, 1955 mentions that slaughter of cow, bull, bullock, ox, heifer and cow's calf is prohibited.

The same and points hereafter mentioned are applicable in states where slaughter or sale of cows is prohibited. However, there are exceptions for slaughter in case the suffering renders the destruction desirable according to the Veterinary Officer, if it is found out by such officer that the above-mentioned cattle has contagious or infectious disease or it is necessary to terminate it otherwise. The second exception is experimentation in the interest of medical and public health research by a certified practitioner for developing medicine for animals, humans and crops. Also, the sale of beef or beef products is prohibited except for prescribed medical purposes.

Cow slaughter as well as sale of beef invites an imprisonment which may extend to 5 years or/and a fine which may extend to Rs. 2000. The Prohibition of Cow Slaughter (Amendment) Act, 1981 inserted S.4A which prohibits the export of cows for the purpose of slaughter except when a permit is granted by an authorised officer (in accordance with S.4B). Also, Section 9A was inserted which permits the seizure of vehicles in which the cows are found as well as the protection of persons acting in good faith, which means that no suit or other legal proceedings shall be instituted against any person for anything which is done or intended to be done in good faith under the Act or rules made under the Act.

The Prohibition of Cow Slaughter (Amendment) Act, 2011 prescribes penalty for non-compliance of permit requirement for the export of cows and imprisonment for a term which may extend to 2 years or/and a fine which may extend to Rs. 1000 (for contravention of S.4B), and there is also a penalty for slaughter, sale of beef, export of cow without permit which invites an imprisonment up to 10 years and/or a fine which may extend to Rs. 10,000. The offences are cognisable and non-bailable.

Q. X, a person suffering from a venereal disease, consulted a yogic practitioner regarding his disease. The practitioner advised him to consume beef for a month as it would alleviate X's medical condition. X, for the said medical purpose, could buy beef lasting for three weeks only; so he bought a cow and chopped its limbs as per requirement on weekly basis for the cow's meat. He was arrested for the same under the Prohibition of Cow Slaughter Act, 1955, as he did so in one of the 20 states. Decide.

Detailed Solution for CLAT Practice Test- 34 - Question 92
Though the passage mentions that 'the sale of beef or beef products is prohibited except for prescribed medical purposes', the passage is silent about slaughtering for medical purposes. Also, here only advice was given, by a registered practitioner. Hence, he is not liable.
CLAT Practice Test- 34 - Question 93

Directions: Read the following passage and answer the question.

Cattle slaughter, especially cow slaughter, is a controversial topic in India because of the cattle's traditional status as an endeared and respected living being to some sects of Hindus, Jains, Zoroastrians, and Buddhists, while being considered an acceptable source of meat by Muslims. Legislation against cattle slaughter is in place throughout most states of India. On 26th October 2005, the Supreme Court of India, in a landmark judgement, upheld the constitutional validity of anti-cow slaughter laws enacted by different state governments in India. 20 out of 29 states in India currently have various laws regulating act of slaughtered cow, prohibiting the slaughter or sale of cows. Kerala, Assam, Arunachal Pradesh, Mizoram, Meghalaya, Nagaland, Tripura and West Bengal are the states where there are no restrictions on cow slaughter. The Prohibition of Cow Slaughter Act, 1955 mentions that slaughter of cow, bull, bullock, ox, heifer and cow's calf is prohibited.

The same and points hereafter mentioned are applicable in states where slaughter or sale of cows is prohibited. However, there are exceptions for slaughter in case the suffering renders the destruction desirable according to the Veterinary Officer, if it is found out by such officer that the above-mentioned cattle has contagious or infectious disease or it is necessary to terminate it otherwise. The second exception is experimentation in the interest of medical and public health research by a certified practitioner for developing medicine for animals, humans and crops. Also, the sale of beef or beef products is prohibited except for prescribed medical purposes.

Cow slaughter as well as sale of beef invites an imprisonment which may extend to 5 years or/and a fine which may extend to Rs. 2000. The Prohibition of Cow Slaughter (Amendment) Act, 1981 inserted S.4A which prohibits the export of cows for the purpose of slaughter except when a permit is granted by an authorised officer (in accordance with S.4B). Also, Section 9A was inserted which permits the seizure of vehicles in which the cows are found as well as the protection of persons acting in good faith, which means that no suit or other legal proceedings shall be instituted against any person for anything which is done or intended to be done in good faith under the Act or rules made under the Act.

The Prohibition of Cow Slaughter (Amendment) Act, 2011 prescribes penalty for non-compliance of permit requirement for the export of cows and imprisonment for a term which may extend to 2 years or/and a fine which may extend to Rs. 1000 (for contravention of S.4B), and there is also a penalty for slaughter, sale of beef, export of cow without permit which invites an imprisonment up to 10 years and/or a fine which may extend to Rs. 10,000. The offences are cognisable and non-bailable.

Q. Tyrion Lannister, a foreigner from King's Landing, during his visit to India slaughtered a cow in Mizoram and brought its meat to Punjab on demand of his friends, who were residents of Punjab. Also, Tyrion on request of his brother exported a small portion of beef to King's Landing. He was prosecuted under the Prohibition of Cow Slaughter Act, 1955 for his acts. Decide.

Detailed Solution for CLAT Practice Test- 34 - Question 93
Smuggling of beef and applicability of Act to foreigners has not been mentioned in the passage. Tyrion will be responsible for export as the Prohibition of Cow Slaughter (Amendment) Act, 2011 prescribes penalty for non-compliance of permit requirement for the export of cows and imprisonment for a term which may extend to 2 years or/and a fine which may extend to Rs. 1000 (for contravention of S.4B), and and there is also a penalty for slaughter, sale of beef, export of cow without permit which invites an imprisonment up to 10 years and/or a fine which may extend to Rs. 10,000.
CLAT Practice Test- 34 - Question 94

Directions: Read the following passage and answer the question.

Cattle slaughter, especially cow slaughter, is a controversial topic in India because of the cattle's traditional status as an endeared and respected living being to some sects of Hindus, Jains, Zoroastrians, and Buddhists, while being considered an acceptable source of meat by Muslims. Legislation against cattle slaughter is in place throughout most states of India. On 26th October 2005, the Supreme Court of India, in a landmark judgement, upheld the constitutional validity of anti-cow slaughter laws enacted by different state governments in India. 20 out of 29 states in India currently have various laws regulating act of slaughtered cow, prohibiting the slaughter or sale of cows. Kerala, Assam, Arunachal Pradesh, Mizoram, Meghalaya, Nagaland, Tripura and West Bengal are the states where there are no restrictions on cow slaughter. The Prohibition of Cow Slaughter Act, 1955 mentions that slaughter of cow, bull, bullock, ox, heifer and cow's calf is prohibited.

The same and points hereafter mentioned are applicable in states where slaughter or sale of cows is prohibited. However, there are exceptions for slaughter in case the suffering renders the destruction desirable according to the Veterinary Officer, if it is found out by such officer that the above-mentioned cattle has contagious or infectious disease or it is necessary to terminate it otherwise. The second exception is experimentation in the interest of medical and public health research by a certified practitioner for developing medicine for animals, humans and crops. Also, the sale of beef or beef products is prohibited except for prescribed medical purposes.

Cow slaughter as well as sale of beef invites an imprisonment which may extend to 5 years or/and a fine which may extend to Rs. 2000. The Prohibition of Cow Slaughter (Amendment) Act, 1981 inserted S.4A which prohibits the export of cows for the purpose of slaughter except when a permit is granted by an authorised officer (in accordance with S.4B). Also, Section 9A was inserted which permits the seizure of vehicles in which the cows are found as well as the protection of persons acting in good faith, which means that no suit or other legal proceedings shall be instituted against any person for anything which is done or intended to be done in good faith under the Act or rules made under the Act.

The Prohibition of Cow Slaughter (Amendment) Act, 2011 prescribes penalty for non-compliance of permit requirement for the export of cows and imprisonment for a term which may extend to 2 years or/and a fine which may extend to Rs. 1000 (for contravention of S.4B), and there is also a penalty for slaughter, sale of beef, export of cow without permit which invites an imprisonment up to 10 years and/or a fine which may extend to Rs. 10,000. The offences are cognisable and non-bailable.

Q. Arya Stark bought 10 kg of beef from Ajmer (a city in Rajasthan) for her own consumption. She consumed much of it during her stay there. Thereafter, she visited Kasaul (a town in Himachal Pradesh) carrying the beef along. However, the portion of beef (around 4 kg) became stale and she exchanged the same with John Snow, a resident of Kasaul who was unaware of the edibility of the beef, for freshly caught Trout fish which was available with John. A policeman saw Arya handing over the beef to John and on apprehending the meat to be beef arrested Arya under provisions of the Prohibition of Cow Slaughter Act, 1955. Decide.

Detailed Solution for CLAT Practice Test- 34 - Question 94
The Prohibition of Cow Slaughter Act, 1955 mentions that slaughter of cow, bull, bullock, ox, heifer and calf is prohibited. Also, the sale of beef or beef products is prohibited except for prescribed medical purposes.

Here, Arya Stark cannot be held liable as she neither slaughtered the beef nor sold the beef; all she did was exchange.

CLAT Practice Test- 34 - Question 95

Directions: Read the following passage and answer the question.

Cattle slaughter, especially cow slaughter, is a controversial topic in India because of the cattle's traditional status as an endeared and respected living being to some sects of Hindus, Jains, Zoroastrians, and Buddhists, while being considered an acceptable source of meat by Muslims. Legislation against cattle slaughter is in place throughout most states of India. On 26th October 2005, the Supreme Court of India, in a landmark judgement, upheld the constitutional validity of anti-cow slaughter laws enacted by different state governments in India. 20 out of 29 states in India currently have various laws regulating act of slaughtered cow, prohibiting the slaughter or sale of cows. Kerala, Assam, Arunachal Pradesh, Mizoram, Meghalaya, Nagaland, Tripura and West Bengal are the states where there are no restrictions on cow slaughter. The Prohibition of Cow Slaughter Act, 1955 mentions that slaughter of cow, bull, bullock, ox, heifer and cow's calf is prohibited.

The same and points hereafter mentioned are applicable in states where slaughter or sale of cows is prohibited. However, there are exceptions for slaughter in case the suffering renders the destruction desirable according to the Veterinary Officer, if it is found out by such officer that the above-mentioned cattle has contagious or infectious disease or it is necessary to terminate it otherwise. The second exception is experimentation in the interest of medical and public health research by a certified practitioner for developing medicine for animals, humans and crops. Also, the sale of beef or beef products is prohibited except for prescribed medical purposes.

Cow slaughter as well as sale of beef invites an imprisonment which may extend to 5 years or/and a fine which may extend to Rs. 2000. The Prohibition of Cow Slaughter (Amendment) Act, 1981 inserted S.4A which prohibits the export of cows for the purpose of slaughter except when a permit is granted by an authorised officer (in accordance with S.4B). Also, Section 9A was inserted which permits the seizure of vehicles in which the cows are found as well as the protection of persons acting in good faith, which means that no suit or other legal proceedings shall be instituted against any person for anything which is done or intended to be done in good faith under the Act or rules made under the Act.

The Prohibition of Cow Slaughter (Amendment) Act, 2011 prescribes penalty for non-compliance of permit requirement for the export of cows and imprisonment for a term which may extend to 2 years or/and a fine which may extend to Rs. 1000 (for contravention of S.4B), and there is also a penalty for slaughter, sale of beef, export of cow without permit which invites an imprisonment up to 10 years and/or a fine which may extend to Rs. 10,000. The offences are cognisable and non-bailable.

Q. Faizal Khan, an ardent Muslim, a resident of Malerkotla (a town of Punjab), purchased a cow from Gorakpur (a town in Uttar Pradesh) and a year later sacrificed its new-born offspring for a religious ceremony in Malerkotla. He was arrested for contravening the provisions of the Prohibition of Cow Slaughter Act, 1955. Decide.

Detailed Solution for CLAT Practice Test- 34 - Question 95
As per the passage, "Cattle slaughter, especially cow slaughter, is a controversial topic in India because of the cattle's traditional status as an endeared and respected living being to some sects of Hindus, Jains, Zoroastrians, and Buddhists, while being considered an acceptable source of meat by Muslims."

Though the same is acceptable, according to the Prohibition of Cow Slaughter Act, 1955, slaughter of cow, bull, bullock, ox, heifer and calf is prohibited.

CLAT Practice Test- 34 - Question 96

Directions: Read the following passage and answer the question.

Under the broad framework of judicial review under the Constitution, the Supreme Court and High Courts have the power to declare any law unconstitutional, either because it is ultra vires (or, contrary to any provision of the Constitution) or it violates any of the fundamental rights, invalid because it is repugnant to a central law on the same subject or has been enacted without legislative jurisdiction. However, interim orders staying or suspending laws enacted by the legislature are frowned upon by constitutional courts and legal scholars. The general argument is that unless there are compelling reasons such as flagrant lack of constitutional validity, or absence of legislative competence (that is, the legislative body concerned lacks the jurisdiction to enact the law in question), a law ought not to be stayed.

Why is it considered unusual for a court to suspend a law or its operation?

The main principle is that suspending a law made by the legislature goes against the concept of separation of powers. Courts are expected to defer to the legislature's wisdom at the threshold of a legal challenge to the validity of a law. The validity of a law ought to be considered normally only at the time of final adjudication, and not at the initial stage. The second principle is that there is a presumption that every law enacted by any legislature is constitutional and valid. The onus is on those challenging it to prove that it is not. Therefore, courts are circumspect when hearing petitions seeking suspension of a law pending a detailed adjudication.

How did the SC justify its order on farm laws?

This court cannot be said to be completely powerless to grant stay of any executive action under a statutory enactment, the Bench observed in its order. This means that it was apparently making a distinction between staying a law and staying its implementation or any action under it. Some may argue, however, that the effect remains the same, as the order operates as a stay on the government invoking its provisions.

Q. Interim orders staying or suspending laws enacted by the legislature are frowned upon by constitutional courts and legal scholars. This is because:

Explanation All of the above given statements are correct because suspension of law at first instance attacks the concept of separation of power; the validity should be ideally decided after the conclusion of arguments. Also, presumption always favours the constitutionality of the law. Therefore, 'all of the above' would be the correct answer.

CLAT Practice Test- 34 - Question 97

Directions: Read the following passage and answer the question.

Under the broad framework of judicial review under the Constitution, the Supreme Court and High Courts have the power to declare any law unconstitutional, either because it is ultra vires (or, contrary to any provision of the Constitution) or it violates any of the fundamental rights, invalid because it is repugnant to a central law on the same subject or has been enacted without legislative jurisdiction. However, interim orders staying or suspending laws enacted by the legislature are frowned upon by constitutional courts and legal scholars. The general argument is that unless there are compelling reasons such as flagrant lack of constitutional validity, or absence of legislative competence (that is, the legislative body concerned lacks the jurisdiction to enact the law in question), a law ought not to be stayed.

Why is it considered unusual for a court to suspend a law or its operation?

The main principle is that suspending a law made by the legislature goes against the concept of separation of powers. Courts are expected to defer to the legislature's wisdom at the threshold of a legal challenge to the validity of a law. The validity of a law ought to be considered normally only at the time of final adjudication, and not at the initial stage. The second principle is that there is a presumption that every law enacted by any legislature is constitutional and valid. The onus is on those challenging it to prove that it is not. Therefore, courts are circumspect when hearing petitions seeking suspension of a law pending a detailed adjudication.

How did the SC justify its order on farm laws?

This court cannot be said to be completely powerless to grant stay of any executive action under a statutory enactment, the Bench observed in its order. This means that it was apparently making a distinction between staying a law and staying its implementation or any action under it. Some may argue, however, that the effect remains the same, as the order operates as a stay on the government invoking its provisions.

Q. Imagine a situation that a state made law encroaching on the subjects mentioned in the union list. Union of India approached the Supreme Court and prima facie proved that indeed the encroachment is happening on the union list. Can the law be stayed by the Supreme Court at first instance? Decide.

Detailed Solution for CLAT Practice Test- 34 - Question 97
As given in the question stem that the union proved prima facie, the state doesn't have a legislative competence; hence, the law can be stayed.
CLAT Practice Test- 34 - Question 98

Directions: Read the following passage and answer the question.

Under the broad framework of judicial review under the Constitution, the Supreme Court and High Courts have the power to declare any law unconstitutional, either because it is ultra vires (or, contrary to any provision of the Constitution) or it violates any of the fundamental rights, invalid because it is repugnant to a central law on the same subject or has been enacted without legislative jurisdiction. However, interim orders staying or suspending laws enacted by the legislature are frowned upon by constitutional courts and legal scholars. The general argument is that unless there are compelling reasons such as flagrant lack of constitutional validity, or absence of legislative competence (that is, the legislative body concerned lacks the jurisdiction to enact the law in question), a law ought not to be stayed.

Why is it considered unusual for a court to suspend a law or its operation?

The main principle is that suspending a law made by the legislature goes against the concept of separation of powers. Courts are expected to defer to the legislature's wisdom at the threshold of a legal challenge to the validity of a law. The validity of a law ought to be considered normally only at the time of final adjudication, and not at the initial stage. The second principle is that there is a presumption that every law enacted by any legislature is constitutional and valid. The onus is on those challenging it to prove that it is not. Therefore, courts are circumspect when hearing petitions seeking suspension of a law pending a detailed adjudication.

How did the SC justify its order on farm laws?

This court cannot be said to be completely powerless to grant stay of any executive action under a statutory enactment, the Bench observed in its order. This means that it was apparently making a distinction between staying a law and staying its implementation or any action under it. Some may argue, however, that the effect remains the same, as the order operates as a stay on the government invoking its provisions.

Q. Based on the author's argument in the last paragraph of the passage, which of the following statements is/are correct?

Detailed Solution for CLAT Practice Test- 34 - Question 98
The court was apparently making a distinction between staying a law and staying its implementation or any action under it. Some may argue, however, that the effect remains the same, as the order operates as a stay on the government invoking its provisions.
CLAT Practice Test- 34 - Question 99

Directions: Read the following passage and answer the question.

Under the broad framework of judicial review under the Constitution, the Supreme Court and High Courts have the power to declare any law unconstitutional, either because it is ultra vires (or, contrary to any provision of the Constitution) or it violates any of the fundamental rights, invalid because it is repugnant to a central law on the same subject or has been enacted without legislative jurisdiction. However, interim orders staying or suspending laws enacted by the legislature are frowned upon by constitutional courts and legal scholars. The general argument is that unless there are compelling reasons such as flagrant lack of constitutional validity, or absence of legislative competence (that is, the legislative body concerned lacks the jurisdiction to enact the law in question), a law ought not to be stayed.

Why is it considered unusual for a court to suspend a law or its operation?

The main principle is that suspending a law made by the legislature goes against the concept of separation of powers. Courts are expected to defer to the legislature's wisdom at the threshold of a legal challenge to the validity of a law. The validity of a law ought to be considered normally only at the time of final adjudication, and not at the initial stage. The second principle is that there is a presumption that every law enacted by any legislature is constitutional and valid. The onus is on those challenging it to prove that it is not. Therefore, courts are circumspect when hearing petitions seeking suspension of a law pending a detailed adjudication.

How did the SC justify its order on farm laws?

This court cannot be said to be completely powerless to grant stay of any executive action under a statutory enactment, the Bench observed in its order. This means that it was apparently making a distinction between staying a law and staying its implementation or any action under it. Some may argue, however, that the effect remains the same, as the order operates as a stay on the government invoking its provisions.

Q. A person approached the Supreme Court contending that a law passed by the Parliament takes away his fundamental right and prayed that the Court must stay the operation of law at first instance and then he would move forward to prove that law is unconstitutional as it violates fundamental rights of the petitioner. Decide.

Detailed Solution for CLAT Practice Test- 34 - Question 99
The validity of law ought to be considered normally only at the time of final adjudication, and not at the initial stage. There is a presumption that every law enacted by any legislature is constitutional and valid. The onus is on those challenging it to prove that it is not. Therefore, courts are circumspect when hearing petitions seeking suspension of law pending a detailed adjudication.
CLAT Practice Test- 34 - Question 100

Directions: Read the following passage and answer the question.

Under the broad framework of judicial review under the Constitution, the Supreme Court and High Courts have the power to declare any law unconstitutional, either because it is ultra vires (or, contrary to any provision of the Constitution) or it violates any of the fundamental rights, invalid because it is repugnant to a central law on the same subject or has been enacted without legislative jurisdiction. However, interim orders staying or suspending laws enacted by the legislature are frowned upon by constitutional courts and legal scholars. The general argument is that unless there are compelling reasons such as flagrant lack of constitutional validity, or absence of legislative competence (that is, the legislative body concerned lacks the jurisdiction to enact the law in question), a law ought not to be stayed.

Why is it considered unusual for a court to suspend a law or its operation?

The main principle is that suspending a law made by the legislature goes against the concept of separation of powers. Courts are expected to defer to the legislature's wisdom at the threshold of a legal challenge to the validity of a law. The validity of a law ought to be considered normally only at the time of final adjudication, and not at the initial stage. The second principle is that there is a presumption that every law enacted by any legislature is constitutional and valid. The onus is on those challenging it to prove that it is not. Therefore, courts are circumspect when hearing petitions seeking suspension of a law pending a detailed adjudication.

How did the SC justify its order on farm laws?

This court cannot be said to be completely powerless to grant stay of any executive action under a statutory enactment, the Bench observed in its order. This means that it was apparently making a distinction between staying a law and staying its implementation or any action under it. Some may argue, however, that the effect remains the same, as the order operates as a stay on the government invoking its provisions.

Q. Based on the arguments advanced in the first paragraph of the passage, if any legislation is challenged before the court, what is the best course of action that courts can take?

Detailed Solution for CLAT Practice Test- 34 - Question 100
The general argument of the passage is that unless there are compelling reasons such as flagrant lack of constitutional validity, or absence of legislative competence (that is, the legislative body concerned lacks the jurisdiction to enact the law in question), a law ought not to be stayed.
CLAT Practice Test- 34 - Question 101

Directions: Read the following passage and answer the question.

The outbreak of COVID-19 and its development into a pandemic has led governments across the world to take extraordinary measures to protect their residents. The Central Government and various State Governments in India, along with public-health authorities, not-for-profit organizations and corporates, are collecting, tracking, and using information about individuals to slow down the spread of COVID-19; however, since a large proportion of such information could be categorized as 'personal data' or 'sensitive personal data' its use is subject to the data protection laws in India. It is, therefore, essential that a balance is struck between an individual's right to privacy and public interest at large. Separately, as a result of the COVID-19 pandemic, corporates are also required to implement aberrant measures to safeguard their employees and extended workforce. In this regard, the collection of personal data by corporates will need to be undertaken in compliance with the requirements of data protection laws in India.

The Information Technology Act, 2000 (the "IT Act") read with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (the "SPDI Rules", together with the IT Act "Data Protection Laws") contain specific provisions governing protection of personal data in India.

Pursuant to the landmark decision of the Supreme Court of India in KS Puttaswamy v. Union of India (2017), the court held that right to privacy is a part of the right to life and personal liberty and is a fundamental right under the Constitution of India. The Supreme Court of India also observed that the right to privacy is not absolute; however, any restriction is required to be within the framework of law

The Personal Data Protection Bill, 2019 (the "PDP Bill") was introduced in the Parliament in December 2019. The Government of India launched the Aarogya Setu application on April 2, 2020 which, inter alia, tracks the location of an infected individual and notifies the application users of their proximity to such individuals. The Data Protection Laws only provide a basic framework on data protection and not specifically contemplate measures to be taken by the public authorities in relation to protection of data during public health emergencies. The current situation on account of the COVID-19 pandemic is unprecedented. The health authorities, corporates and other stakeholders are taking steps to contain the spread of the virus and measures such as data tracking and mass surveillance could prove to be effective in curbing the spread of COVID-19. However, keeping in mind that such personal data will be available in the long-term, the Government of India will need to strike the right balance between protection of public interest and maintaining the fundamental right to privacy.

Q. Which Act governs the protection of personal data in India?