Legal Mock Test - 13


50 Questions MCQ Test Mock Test Series for CLAT 2020 | Legal Mock Test - 13


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QUESTION: 1

(Same Principle for Question no. 1 to 4)

Principle

A. The act of using threats to force another person to enter into a contract is called coercion.
B. The act of using influence on another and taking undue advantage of that person is called undue influence.
C. In order to prove coercion, the existence of the use of threat, in any form and manner, is necessary. If coercion is proved, the person who has been so threatened can refuse to abide by the contract.
D. In order to prove undue-influence, there has to be a pre-existing relationship between the parties to a contract. The relationship has to be of such a nature that one is in a position to influence the other. If it is proven that there has been undue influence, the party who has been so influenced need not enforce the contract or perform his obligations under the contract.

Facts: Aadil and Baalu are best friends. Aadil is the son of multi millionaire business person, Chulbul who owns Maakhan Pharmaceuticals. Baalu is the son of a bank employee, Dhanraj. One day, Aadil is abducted from his office by Baalu. Chulbul receives a phone call from Dhanraj telling him that if he does not make Baalu the CEO of Maakhan Pharmaceuticals, Aadil will be killed. Chulbul reluctantly agrees to make the Baalu the CEO. Subsequently Chulbul and Baalu sign an employment contract. However as soon as Aadil is released and safely returns home, Chulbul tells Baalu that he shall not enforce the employment contract. Baalu and Dhanraj are not sure as to what is to be done next.

Q. 

As per the rules and the given facts, who coerces whom:

Solution:
QUESTION: 2

Principle

A. The act of using threats to force another person to enter into a contract is called coercion.
B. The act of using influence on another and taking undue advantage of that person is called undue influence.
C. In order to prove coercion, the existence of the use of threat, in any form and manner, is necessary. If coercion is proved, the person who has been so threatened can refuse to abide by the contract.
D. In order to prove undue-influence, there has to be a pre-existing relationship between the parties to a contract. The relationship has to be of such a nature that one is in a position to influence the other. If it is proven that there has been undue influence, the party who has been so influenced need not enforce the contract or perform his obligations under the contract.

Facts: Aadil and Baalu are best friends. Aadil is the son of multi millionaire business person, Chulbul who owns Maakhan Pharmaceuticals. Baalu is the son of a bank employee, Dhanraj. One day, Aadil is abducted from his office by Baalu. Chulbul receives a phone call from Dhanraj telling him that if he does not make Baalu the CEO of Maakhan Pharmaceuticals, Aadil will be killed. Chulbul reluctantly agrees to make the Baalu the CEO. Subsequently Chulbul and Baalu sign an employment contract. However as soon as Aadil is released and safely returns home, Chulbul tells Baalu that he shall not enforce the employment contract. Baalu and Dhanraj are not sure as to what is to be done next.

Q. 

In the above fact situation:

Solution:
QUESTION: 3

Principle

A. The act of using threats to force another person to enter into a contract is called coercion.
B. The act of using influence on another and taking undue advantage of that person is called undue influence.
C. In order to prove coercion, the existence of the use of threat, in any form and manner, is necessary. If coercion is proved, the person who has been so threatened can refuse to abide by the contract.
D. In order to prove undue-influence, there has to be a pre-existing relationship between the parties to a contract. The relationship has to be of such a nature that one is in a position to influence the other. If it is proven that there has been undue influence, the party who has been so influenced need not enforce the contract or perform his obligations under the contract.

Facts: Aadil and Baalu are best friends. Aadil is the son of multi millionaire business person, Chulbul who owns Maakhan Pharmaceuticals. Baalu is the son of a bank employee, Dhanraj. One day, Aadil is abducted from his office by Baalu. Chulbul receives a phone call from Dhanraj telling him that if he does not make Baalu the CEO of Maakhan Pharmaceuticals, Aadil will be killed. Chulbul reluctantly agrees to make the Baalu the CEO. Subsequently Chulbul and Baalu sign an employment contract. However as soon as Aadil is released and safely returns home, Chulbul tells Baalu that he shall not enforce the employment contract. Baalu and Dhanraj are not sure as to what is to be done next.

Q. 

Chulbul is:

Solution:

D is the correct option. Chulbul is correct and justified his actions of refusing to enforce the employment contract as Chulbul was coerced by Dhanraj and also correct in refusing to enforce the employment contract as Baalu was complicit in the coercive act.

QUESTION: 4

Principle

A. The act of using threats to force another person to enter into a contract is called coercion.
B. The act of using influence on another and taking undue advantage of that person is called undue influence.
C. In order to prove coercion, the existence of the use of threat, in any form and manner, is necessary. If coercion is proved, the person who has been so threatened can refuse to abide by the contract.
D. In order to prove undue-influence, there has to be a pre-existing relationship between the parties to a contract. The relationship has to be of such a nature that one is in a position to influence the other. If it is proven that there has been undue influence, the party who has been so influenced need not enforce the contract or perform his obligations under the contract.

Facts: Aadil and Baalu are best friends. Aadil is the son of multi millionaire business person, Chulbul who owns Maakhan Pharmaceuticals. Baalu is the son of a bank employee, Dhanraj. One day, Aadil is abducted from his office by Baalu. Chulbul receives a phone call from Dhanraj telling him that if he does not make Baalu the CEO of Maakhan Pharmaceuticals, Aadil will be killed. Chulbul reluctantly agrees to make the Baalu the CEO. Subsequently Chulbul and Baalu sign an employment contract. However as soon as Aadil is released and safely returns home, Chulbul tells Baalu that he shall not enforce the employment contract. Baalu and Dhanraj are not sure as to what is to be done next.

Q. 

Baalu will succeed in getting the employment contract enforced if he can show that

Solution:

Rule A provides that the person who is threatened can refuse to enforce the contract only on the ground that Dhanraj has used coercion against him. Innocence of Baalu is not a ground to enforce it.

QUESTION: 5

(Same Principle for Question no. 5 to 9)

Rules

A. A person is an employee of another if the mode and the manner in which he or she carries out his work is subject to control and supervision of the latter.

B. An employer is required to provide compensation to his or her employees for any injury caused by an accident arising in the course of employment. The words ‘in the course of the employment’ mean in the course of the work which the employee is contracted to do and which is incidental to it.

Facts

Messers. Zafar Abidi and Co. (Company) manufactures bidis with the help of persons known as ‘pattadrs’. The pattadars are supplied tobacco and leaves by the Company and are required to roll them into bidis and bring the

bidis back to the Company. The pattadars are free to roll the bidis either in the factory or anywhere else they prefer. They are not bound to attend the factory for any fixed number of bidis. The Company verifies whether the bidis adhere to the specified instructions or not the pays the pattadars on the basis of the number of bidis that are found to be of right quality. Aashish Mathew is one of the pattadars of the Company. He was hit by a car just outside the precinct of the factory while he was heading to have lunch in a nearby food-stall. Aashish Mathew has applied for compensation from the Company.

Q. 

Which of the following statements can most plausibly be inferred from the application of the rules to the give facts:

Solution:
QUESTION: 6

Rules

A. A person is an employee of another if the mode and the manner in which he or she carries out his work is subject to control and supervision of the latter.

B. An employer is required to provide compensation to his or her employees for any injury caused by an accident arising in the course of employment. The words ‘in the course of the employment’ mean in the course of the work which the employee is contracted to do and which is incidental to it.

Facts

Messers. Zafar Abidi and Co. (Company) manufactures bidis with the help of persons known as ‘pattadrs’. The pattadars are supplied tobacco and leaves by the Company and are required to roll them into bidis and bring the

bidis back to the Company. The pattadars are free to roll the bidis either in the factory or anywhere else they prefer. They are not bound to attend the factory for any fixed number of bidis. The Company verifies whether the bidis adhere to the specified instructions or not the pays the pattadars on the basis of the number of bidis that are found to be of right quality. Aashish Mathew is one of the pattadars of the Company. He was hit by a car just outside the precinct of the factory while he was heading to have lunch in a nearby food-stall. Aashish Mathew has applied for compensation from the Company.

Q. 

In case the pattadars were compulsorily required to work in the factory for a minimum number of hours every day, then it would be correct to state that:

Solution:

A is the correct option.Even if the pattadars were compulsorily required to work in the factory for a minimum number of hours every day it doesn't mean that  the accident will be included in their  course of employment and hence the company is not liable to compensate.

QUESTION: 7

Rules

A. A person is an employee of another if the mode and the manner in which he or she carries out his work is subject to control and supervision of the latter.

B. An employer is required to provide compensation to his or her employees for any injury caused by an accident arising in the course of employment. The words ‘in the course of the employment’ mean in the course of the work which the employee is contracted to do and which is incidental to it.

Facts

Messers. Zafar Abidi and Co. (Company) manufactures bidis with the help of persons known as ‘pattadrs’. The pattadars are supplied tobacco and leaves by the Company and are required to roll them into bidis and bring the

bidis back to the Company. The pattadars are free to roll the bidis either in the factory or anywhere else they prefer. They are not bound to attend the factory for any fixed number of bidis. The Company verifies whether the bidis adhere to the specified instructions or not the pays the pattadars on the basis of the number of bidis that are found to be of right quality. Aashish Mathew is one of the pattadars of the Company. He was hit by a car just outside the precinct of the factory while he was heading to have lunch in a nearby food-stall. Aashish Mathew has applied for compensation from the Company.

Q. 

According to the facts and the rules specified, which of the following propositions is correct:

Solution:
QUESTION: 8

Rules

A. A person is an employee of another if the mode and the manner in which he or she carries out his work is subject to control and supervision of the latter.

B. An employer is required to provide compensation to his or her employees for any injury caused by an accident arising in the course of employment. The words ‘in the course of the employment’ mean in the course of the work which the employee is contracted to do and which is incidental to it.

Facts

Messers. Zafar Abidi and Co. (Company) manufactures bidis with the help of persons known as ‘pattadrs’. The pattadars are supplied tobacco and leaves by the Company and are required to roll them into bidis and bring the

bidis back to the Company. The pattadars are free to roll the bidis either in the factory or anywhere else they prefer. They are not bound to attend the factory for any fixed number of bidis. The Company verifies whether the bidis adhere to the specified instructions or not the pays the pattadars on the basis of the number of bidis that are found to be of right quality. Aashish Mathew is one of the pattadars of the Company. He was hit by a car just outside the precinct of the factory while he was heading to have lunch in a nearby food-stall. Aashish Mathew has applied for compensation from the Company.

Q. 

Select the statement that could be said to be most direct inference from specified facts:

Solution:
QUESTION: 9

Rules

A. A person is an employee of another if the mode and the manner in which he or she carries out his work is subject to control and supervision of the latter.

B. An employer is required to provide compensation to his or her employees for any injury caused by an accident arising in the course of employment. The words ‘in the course of the employment’ mean in the course of the work which the employee is contracted to do and which is incidental to it.

Facts

Messers. Zafar Abidi and Co. (Company) manufactures bidis with the help of persons known as ‘pattadrs’. The pattadars are supplied tobacco and leaves by the Company and are required to roll them into bidis and bring the

bidis back to the Company. The pattadars are free to roll the bidis either in the factory or anywhere else they prefer. They are not bound to attend the factory for any fixed number of bidis. The Company verifies whether the bidis adhere to the specified instructions or not the pays the pattadars on the basis of the number of bidis that are found to be of right quality. Aashish Mathew is one of the pattadars of the Company. He was hit by a car just outside the precinct of the factory while he was heading to have lunch in a nearby food-stall. Aashish Mathew has applied for compensation from the Company.

Q. 

If the pattadars were compulsory required to work in the factory for a minimum number of hours every day, then the Company would have been liable to pay compensation to Aashish Mathew if the latter:

Solution:
QUESTION: 10

Doctrine of restitution does not apply against a……………….

Solution:
QUESTION: 11

Schedule IX was inserted in the constitution of India by:

Solution:
QUESTION: 12

‘A’ a child is in a house with Z which has caught fire. Neighboring people spreads a blanket to save the child. Z in the interest of the child throws him on the blanket, but the child dies. Z has committed an offence of…………..

Solution:
QUESTION: 13

Assertion: The supreme court of India is bound by its own judgment

Reason: The highest court binds all subordinate courts by its own judgment

Solution:
QUESTION: 14

Disputes b/w states in India come to the Supreme court under:

Solution:
QUESTION: 15

Residuary powers are vested in the

Solution:
QUESTION: 16

Assertion: Speaking on Art. 32 in the constituent assembly, Dr. Ambedkar described the Article as the very soul of the constitution

Reason: Article 32 provides effective remedies against violation of fundamental rights

Solution:
QUESTION: 17

A retired judge of a High court cannot:

Solution:
QUESTION: 18

Assertion: The directive principles of state policy are not enforceable by any court

Reason: Directive principles are more or less fundamental in the governance of the country

Solution:
QUESTION: 19

A member of the state public service commission can be removed on the ground of misbehavior only after an inquiry has been held by:

Solution:
QUESTION: 20

Right to life does not include right to die. It has been held in case of

Solution:
QUESTION: 21

A promise to paint a picture for B by a certain day at a certain price. A dies before the day

Solution:
QUESTION: 22

A owes B Rs. 5000. C pays to B Rs. 1000 and B accepts them, in satisfaction of his claim on A

Solution:
QUESTION: 23

Assertion: H writes to his wife a letter, which contains defamatory matter about B. H is not liable to B for defamation.

Reason: Communication of defamatory matter by a husband to his wife or vice versa, is not a publication for what passes b/w them is protected

Solution:
QUESTION: 24

Assertion: Government cannot be held liable for the rots committed by its servants

Reason: A master is liable for the torts committed by his servant in the course of his employment

Solution:
QUESTION: 25

As an element of the tort of defamation, publication means that

Solution:
QUESTION: 26

Liability in tort depends upon

Solution:
QUESTION: 27

Assertion: when A sends letter to B in a closed envelope in which defamatory things about B are written. A is not liable to B for tort of defamation, though B feels much pain and anguish after reading it.

Reason: publication of defamatory statement an essential element of defamation

Solution:
QUESTION: 28

In which of the following cases mens rea is not an essential ingredient for offences under:

Solution:
QUESTION: 29

A says – “Z is an honest man; he never stole B’s watch” intending to cause it to be believed that Z did steal B’s watch

Solution:
QUESTION: 30

Assertion: Attempt to commit suicide is punishable under the Indian law

Reason: In English law also attempt to commit suicide is punishable

Solution:
QUESTION: 31

Principle Acceptance (of offer) must be communicated by the offeree to the offeror so as to give rise to a binding obligation. The expression ‘by the offeree to the offeror’ includes communication between their authorized agents.

Fact ‘X’ made an offer to buy Y’s property for a stipulated price. ‘Y’ accepted it and communicated his acceptance to ‘Z’, a stranger.

Solution:
QUESTION: 32

Consider the following statements:

Judicial review under the Constitution of India
1. Is a part of the basic structure of the Constitution
2. Can only be ousted or excluded by a constitutional amendment.

Q.

Which of the statements given above is/are correct?

Solution:
QUESTION: 33

Assertion (A) Contributory negligence in an accident is a defense to a charge in criminal law.

Reason (R) The fact that the deceased was also negligent and contributed to the accident does not afford a defense to the driver.
Code:

Solution:

The Law of Torts provides that (contributory negligence) if a person is injured due to part of his/her own negligence (i.e; he himself  contributed in occuring of  the accident) the injured party will not be entitled to collect any damages from another party who supposedly caused the accident.

QUESTION: 34

X, the owner of a car, asked his friend Y to drive the car to his office. As the car was near his (X’s) office, it hit a pedestrian P on account of Y’s negligent driving and injured him seriously. P sued X for damages. Which one of the following is correct regarding the above?

Solution:
QUESTION: 35

X and Y conspire to poison Z. X in pursuance of the conspiracy procures the poison and delivers it to V in order that he may administer it to Z. Yin pursuance of the conspiracy administers the poison in the presence of X and hereby causes Z’s death. What offence, if any has been committed by X and Y, respectively?

Solution:
QUESTION: 36

Taking property dishonestly from the dead body

Solution:
QUESTION: 37

For Questions 37-40

PRINCIPLE 1: If a man murders a woman, he is to be held guilty for murder.
PRINCIPLE 2: If a woman murders a man, she is not guilty of murder.
PRINCIPLE 3: If a man murders another man, he is not liable for murder.
PRINCIPLE 4: If a woman murders another woman, she is not guilty of murder.
PRINCIPLE 5: If a man murders anyone below the age of 20 years, he is to be held liable for murder.

FACTS: Dino is a terrorist and is forever fleeing from the police. His sister, Diana lives away from him, since he is worried for her safety. She studies in a University in Bangalore, and her best friend is Deep falls in love with her. When the Police get to know of Dino’s sister, they try to establish contact with her, so that they can reach Dino through her. They try to ask Diana, but she can’t give any assistance to the Police since she herself does not know of her brother’s whereabouts. The police think that Diana is trying to evade their questions on purpose and decide to use Deep as a means to get her to talk. When Deep gets to know of this, he refuses to help since he loves Diana and does not want her to be harmed in any way. Now the Police are in a dilemma, but they discover that Deep has a younger brother called Deepak. They kidnap Deepak, when he is returning from school, and threaten Deep that if he does not comply with the Police, they will kill him. Deep thinks that they are merely kidding and still refuses to help the Police. Khunkar Singh, who is the Commissioner, is angered by the turn of events and shoots Deepak in frustration. When Deep gets to know of this, he completely loses his mind and sets out to avenge his brother’s death. He goes and shoots the Inspector, who fires in retaliation. Diana also appears on the spot and amongst all the shooting, gets injured by a bullet shot by the Inspector. She shoots the Inspector who dies on the spot. Dino also arrives to save his sister and when he sees Deep, he assumes that he was a police man in plain clothes and shot him dead.

Q. 

Is Khunkar Singh guilty of murder?

Solution:

C is the correct option. Straightway applying PRINCIPLE 5: If a man murders anyone below the age of 20 years, he is to be held liable for murder. Hence, he is guilty because Deepak was below 20 years of age.

QUESTION: 38

PRINCIPLE 1: If a man murders a woman, he is to be held guilty for murder.
PRINCIPLE 2: If a woman murders a man, she is not guilty of murder.
PRINCIPLE 3: If a man murders another man, he is not liable for murder.
PRINCIPLE 4: If a woman murders another woman, she is not guilty of murder.
PRINCIPLE 5: If a man murders anyone below the age of 20 years, he is to be held liable for murder.

FACTS: Dino is a terrorist and is forever fleeing from the police. His sister, Diana lives away from him, since he is worried for her safety. She studies in a University in Bangalore, and her best friend is Deep falls in love with her. When the Police get to know of Dino’s sister, they try to establish contact with her, so that they can reach Dino through her. They try to ask Diana, but she can’t give any assistance to the Police since she herself does not know of her brother’s whereabouts. The police think that Diana is trying to evade their questions on purpose and decide to use Deep as a means to get her to talk. When Deep gets to know of this, he refuses to help since he loves Diana and does not want her to be harmed in any way. Now the Police are in a dilemma, but they discover that Deep has a younger brother called Deepak. They kidnap Deepak, when he is returning from school, and threaten Deep that if he does not comply with the Police, they will kill him. Deep thinks that they are merely kidding and still refuses to help the Police. Khunkar Singh, who is the Commissioner, is angered by the turn of events and shoots Deepak in frustration. When Deep gets to know of this, he completely loses his mind and sets out to avenge his brother’s death. He goes and shoots the Inspector, who fires in retaliation. Diana also appears on the spot and amongst all the shooting, gets injured by a bullet shot by the Inspector. She shoots the Inspector who dies on the spot. Dino also arrives to save his sister and when he sees Deep, he assumes that he was a police man in plain clothes and shot him dead.

Q. 

Using the facts and principles above, is Diana liable for murder?

Solution:

D is the correct option. Straightway applying Principle 2- If a woman murders a man, she is not guilty of murder.Hence, Diana is not guilty of murder. 
 

QUESTION: 39

PRINCIPLE 1: If a man murders a woman, he is to be held guilty for murder.
PRINCIPLE 2: If a woman murders a man, she is not guilty of murder.
PRINCIPLE 3: If a man murders another man, he is not liable for murder.
PRINCIPLE 4: If a woman murders another woman, she is not guilty of murder.
PRINCIPLE 5: If a man murders anyone below the age of 20 years, he is to be held liable for murder.

FACTS: Dino is a terrorist and is forever fleeing from the police. His sister, Diana lives away from him, since he is worried for her safety. She studies in a University in Bangalore, and her best friend is Deep falls in love with her. When the Police get to know of Dino’s sister, they try to establish contact with her, so that they can reach Dino through her. They try to ask Diana, but she can’t give any assistance to the Police since she herself does not know of her brother’s whereabouts. The police think that Diana is trying to evade their questions on purpose and decide to use Deep as a means to get her to talk. When Deep gets to know of this, he refuses to help since he loves Diana and does not want her to be harmed in any way. Now the Police are in a dilemma, but they discover that Deep has a younger brother called Deepak. They kidnap Deepak, when he is returning from school, and threaten Deep that if he does not comply with the Police, they will kill him. Deep thinks that they are merely kidding and still refuses to help the Police. Khunkar Singh, who is the Commissioner, is angered by the turn of events and shoots Deepak in frustration. When Deep gets to know of this, he completely loses his mind and sets out to avenge his brother’s death. He goes and shoots the Inspector, who fires in retaliation. Diana also appears on the spot and amongst all the shooting, gets injured by a bullet shot by the Inspector. She shoots the Inspector who dies on the spot. Dino also arrives to save his sister and when he sees Deep, he assumes that he was a police man in plain clothes and shot him dead.

Q. 

Is Dino liable for murder of Deep?

Solution:
QUESTION: 40

PRINCIPLE 1: If a man murders a woman, he is to be held guilty for murder.
PRINCIPLE 2: If a woman murders a man, she is not guilty of murder.
PRINCIPLE 3: If a man murders another man, he is not liable for murder.
PRINCIPLE 4: If a woman murders another woman, she is not guilty of murder.
PRINCIPLE 5: If a man murders anyone below the age of 20 years, he is to be held liable for murder.

FACTS: Dino is a terrorist and is forever fleeing from the police. His sister, Diana lives away from him, since he is worried for her safety. She studies in a University in Bangalore, and her best friend is Deep falls in love with her. When the Police get to know of Dino’s sister, they try to establish contact with her, so that they can reach Dino through her. They try to ask Diana, but she can’t give any assistance to the Police since she herself does not know of her brother’s whereabouts. The police think that Diana is trying to evade their questions on purpose and decide to use Deep as a means to get her to talk. When Deep gets to know of this, he refuses to help since he loves Diana and does not want her to be harmed in any way. Now the Police are in a dilemma, but they discover that Deep has a younger brother called Deepak. They kidnap Deepak, when he is returning from school, and threaten Deep that if he does not comply with the Police, they will kill him. Deep thinks that they are merely kidding and still refuses to help the Police. Khunkar Singh, who is the Commissioner, is angered by the turn of events and shoots Deepak in frustration. When Deep gets to know of this, he completely loses his mind and sets out to avenge his brother’s death. He goes and shoots the Inspector, who fires in retaliation. Diana also appears on the spot and amongst all the shooting, gets injured by a bullet shot by the Inspector. She shoots the Inspector who dies on the spot. Dino also arrives to save his sister and when he sees Deep, he assumes that he was a police man in plain clothes and shot him dead.

Q. 

If the Inspector had shot Deep instead of Deepak, would he be liable for murder?

Solution:

A is the correct option. According to the facts we don't know whether the inspector was male or female. If the inspector was male then a/c to principle 3 man murdering another man is not liable .
and if inspector was female then a/c to principle 2, a woman murdering a man is not guilty of murder.
IN both the cases he/she is not guilty.

QUESTION: 41

PRINCIPLEInjuria Sine Damnum.

FACTS: Bikram was an officer in charge of the polling booths. His duty was to assist the people in casting their votes. Basanti, one of the villagers, came to the booth to cast her vote, but she was refused admission inside the booth by Bikram and his men. She wanted to vote for Bankeram. Dejected, she returned home. The next day she complained against Bikram and his men since they violated her right to vote. When the election results were declared, it was discovered that Bankeram received the highest number of votes. Was Basanti’s right violated?

Solution:
QUESTION: 42

For questions 42 to 44

PRINCIPLE 1: A person is said to have committed an offence if he has committed any act towards the completion of his objective for the offence.

PRINCIPLE 2: A person is said to not have committed any offence till the time he possesses an opportunity to take back the consequences of his actions.

PRINCIPLE 3: An attempt to commit an offence is an offence in itself.

Q.

FACTS: Prateek and Diya had been dating for two years till Diya decided to break up with him because of his behavior. When she told Prateek, he was devastated. Later in the day, he hung out with friends and had a couple of drinks. His friends teased him for getting dumped, which angered him immensely. He immediately went to Diya’s house with a pistol to shoot her. He reached and rang the doorbell, waiting for her to open the door. While he was waiting, he happened to notice the wind chime hanging in the balcony outside her room. It was the wind chime that he had gifted her. He travelled down the memory lane and thought of all the happy times he and Diya had spent together. Meanwhile, Diya opened the door. Ashamed at himself and guilt-ridden, he tried to hide his gun in his pocket. However, it slipped from his hand and fell down. Diya saw this and raised a hue and cry. Will she succeed in holding a charge of attempt to murder against Prateek?

Solution:

The correct option is B.
‘A person is said to not have committed any offence till the time he possesses an opportunity to take back the consequences of his actions.’

QUESTION: 43

PRINCIPLE 1: A person is said to have committed an offence if he has committed any act towards the completion of his objective for the offence.

PRINCIPLE 2: A person is said to not have committed any offence till the time he possesses an opportunity to take back the consequences of his actions.

PRINCIPLE 3: An attempt to commit an offence is an offence in itself.

Q. 

Vicky and Nikki were happily married and lived in a duplex flat in Pune. They decided to rent a part of the apartment in order to get another source of income. They found a tenant called Karthik, and things went on pretty well, till one day, when Vicki started suspecting that there was something going on between Nikki and Karthik. He decided to kill Karthik by throwing a heavy iron trunk on his head when he is passing from below the balcony. When he finally executes his plan, he missed Karthik and the trunk fell on the pavement instead. Can Karthik hold him for attempt to murder?

Solution:
QUESTION: 44

PRINCIPLE 1: A person is said to have committed an offence if he has committed any act towards the completion of his objective for the offence.

PRINCIPLE 2: A person is said to not have committed any offence till the time he possesses an opportunity to take back the consequences of his actions.

PRINCIPLE 3: An attempt to commit an offence is an offence in itself.

Q. 

Mihika is the topper of her batch in Law school, and her roommate, Lipika is jealous of all the attention Mihika gets. One night, when Mihika is sleeping, Lipika decides to finish her off. She takes her pillow and covers Mihika’s face with it, in an attempt to suffocate her to death. However, Mihika, being a light sleeper, wakes up as soon as she senses some pressure on her face, interfering with her breathing. She manages to overpower Lipika and pushes her away. Does Lipika’s act constitute attempt to murder?

Solution:
QUESTION: 45

For questions 45-46:

PRINCIPLE 1: The principle of contributory negligence lays down that a person shall not be able to recover for damages suffered by him to the extent of which have been caused due to his own negligence.

PRINCIPLE 2: A person who voluntarily puts himself into a situation of danger shall not be liable to recover damages for any injury suffered in the course of performing the same task.

PRINCIPLE 3: Sovereign functions shall not be covered by principle (2).

Q. 

Maniratnam was a brave policeman, always ready to render help to the needy. One evening, after finishing his work for the day, and shopping for Diwali crackers and camphor for the pooja, when he was returning home, he noticed a petrol pump on fire. Being a compassionate human being, he could not watch people suffering and jumped out his car. He parked his car inside the petrol pump and started helping the people in dousing the fire and saving lives of people trapped inside. However, in the process, his car caught fire and exploded because of the explosives and camphor. Mani got injured and suffered several second degree burns and was immediately rushed to the hospital. Can he claim compensation from the owner of the petrol pump?

Solution:
QUESTION: 46

PRINCIPLE 1: The principle of contributory negligence lays down that a person shall not be able to recover for damages suffered by him to the extent of which have been caused due to his own negligence.

PRINCIPLE 2: A person who voluntarily puts himself into a situation of danger shall not be liable to recover damages for any injury suffered in the course of performing the same task.

PRINCIPLE 3: Sovereign functions shall not be covered by principle (2).

Q. 

In the above fact scenario, had Mani been on duty while performing the act of helping in dousing out the fire, would he be able to recover the entire amount of damages from the petrol pump owner?

Solution:
QUESTION: 47

PRINCIPLE: If there is an overlap between provisions of the Union and the State List, the Union List prevails.

EXPLANATION 1: The Union List is a list of 99 items given in Part XI of the Constitution of India on which Parliament has the exclusive power to legislate.
EXPLANATION 2: The State List is a list of 66 items given in Part XI of the Constitution of India.

FACTS: The 31st entry in the Union List pertains to posts and telegraphs, telephones and wireless, broadcasting and other forms of communication. A certain entry in the State List involves restriction on the use of mobiles and phones in certain cases. In a case involving the same, the State contended its right to legislate on the subject and the Central Government contended its. Decide.

Solution:
QUESTION: 48

PRINCIPLE 1: Article 19(1) (a) of the Constitution of India guarantees all the citizens of India to the freedom of speech and expression.
PRINCIPLE 2: Article 358 of the Constitution provides for suspension of provisions of Article 19 of the Constitution during emergency situations.

FACTS: In 2015, the country of Youngistan declared an emergency, so as to suppress the internal conflicts and resolve issues pertaining to the same. Nihaal Singh, the Editor of The Times of Youngistan, published an article in his newspaper, praising the government for their actions, and measures undertaken to reform the country. However, the article was not allowed to be published at that time. After the emergency was lifted, Nihaal questioned the act of the government and claimed his fundamental right to freedom of speech and expression under Article 19 (1) (a) of the Constitution. Using the principles above, decide.

Solution:
QUESTION: 49

PRINCIPLE: Under an established tort law, a person has no legal remedy for an injury caused to him, by an act to which he has himself consented, expressly or impliedly.

FACTS: Every evening, Rania Mirza went to the Tennis Institute near her home to practice tennis. On one such evening, as she walked into the academy, she was looking at the ground, lost in her thoughts. Suddenly, a tennis ball came flying from the court and hit her on the head. The head injury was not severe, but as a result of the sudden hit, her steps faltered and she fell, and got scratches on her legs and arms. She decided to go to the nearby hospital and get her wounds dressed. On the way, she got hit by a speeding vehicle that was travelling well above the permissible speed limit. Does Rania have a remedy against the driver of the vehicle?

Solution:

B is the correct option. Straightway applying the given principle. Also rash and negligent driving is an offence and Raina has the right to ask the driver to provide her remedy or compensation.

QUESTION: 50

PRINCIPLE: The finder of a chattel does not acquire an absolute property right over it, but only has the title superior to everyone else, except the rightful owner.

FACTS: Varun was dining in a restaurant with his family, and when he was about to leave, he came across an envelope, full of money, lying on the floor of the restaurant. Being an honest man, he immediately handed over the envelope to the Manager of the restaurant, Tarun, so that he could return it to the rightful owner, if he came looking for it. When Varun visited the same restaurant after two months, he remembered the envelope and asked the Manager about it. Tarun said that no one had come looking for the envelope. On hearing this, Varun asked him to hand over the envelope to him, and Tarun refused. Decide, using the above principle strictly.

Solution:

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