Legal Mock Test - 16


40 Questions MCQ Test Mock Test Series for CLAT 2020 | Legal Mock Test - 16


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QUESTION: 1

Astha, who is a very good painter, is also a patient in a mental asylum, who, at intervals, is of sound mind. During one of these intervals, she entered into a relationship with Lopamudra to paint a picture of her for a specified amount. She, however, asked Lopamudra to pay her the entire amount in advance. One month later, on the day of delivery of the painting, Astha refused to perform the contract saying that she suffers from insanity. Can Lopamudra force performance?
Principle: A person is said to be of sound mind for the purpose of making a contract if, at the time when he makes it, he is capable of understanding it and of forming a rational judgment as to its effect upon his interests.

Solution:

There was a binding contract between Astha and Lopa since Astha though a patient in was in fit state of mind at the time of entering into contract. Competent as per law. She also took advance money and now refusing on false excuse of insanity. The contract is fully justified according to principle and Lopa can enforce performance. 

QUESTION: 2

Legal Principle: A counter offer doesn't give rise to contractual binding.
Factual Situation: Aman offered to sell a Rolls Royce for $1,500 to Xiaomi who said he would give $800. Aman refused and Xiaomi who then said he would give $1,500. Aman declined to adhere to his original offer and Xiaomi tried to obtain specific performance in the court. Decide as a judge?
Issue: Is there a valid contract between Aman and Xiaomi?
Decision:

Solution:

The original offer was not accepted by Xiaomi and thus his claim for specific performance will fail in the court.

QUESTION: 3

Which State provided separate reservation for Muslims and Christians in the State Backward Classes List in 2007?

Solution:

Tamil Nadu Government has declared the decks to promulgate an ordinance to introduce reservations for Christrians and Muslims of backward caste denominations to the extent of 3.5 percent each from Sep 14, 2007.

QUESTION: 4

Offence which can be compromised between the parties is known as

Solution:

Compoundable offences are less serious criminal offences and are of two different types mentioned in tables in Section 320 of the CrPC, as follows: 1. Court permission is not required before compounding – Examples of these offences include adultery, causing hurt, defamation criminal trespass.

QUESTION: 5

Principle: Nothing which is not intended to cause death, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that harm, or to take the risk of that harm.

Q. A fake doctor operated on a man for internal piles by cutting them out with an kitchen ordinary knife. The man died of haemorrhage.

Solution:

From a perusal it is not shown that Doctor intended to cause death or has knowledge albeit ordinarily a man is supposed to know the consequence of operating without any skill and without appropriate tools of operation. There is no consent also by the patient.Be that as it may, he caused the death, he is liable for culpable homicide not murder. 

QUESTION: 6

Principle: Nothing which is not intended to cause death, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that harm, or to take the risk of that harm.

Q. Dr Mortimer performed a kidney operation upon James for removal of kidney stones. James was already affected by HIV. Dr Mortimer had warned James of all the possible risks. James, out of his own volition, decided to undertake the risks and signed a bond certifying the same. James died of haemorrhage as a result of the operation.

Solution:

Doctor has warned James about possible risks and despite fully knowing everything James took the risk out of his free ill .doctor did not intend to cause death.

QUESTION: 7

A person ‘dying intestate’ mean he

Solution:

Intestate means when person dies without making a will, which is capable of taking effect. If A has left no will as to who will be the owner of his property after his death,  he has died intestate in the eyes of law. 

QUESTION: 8

Communication of offer and acceptance is must for a valid contract.
Factual Situation: A proposes by speed post, to sell a watch to B at a definite price. A revokes his proposal by email after 6 hours to B.
Issue: Whether the revocation of an offer is valid?
Decision:

Solution:

Revocation must be done before B has accepted the proposal. A has revoked before post reached B.

QUESTION: 9

A person commits cheating, when he fraudulently induces another person to deliver the latter's property to him.
Facts: A falsely represented to B, a shop owner that he was an officer from the Sales Tax Department. In the course of going through the vouchers, A expressed his interest to buy, a costly television on installment basis. B readily agreed hoping that he would get a favourable assessment from A regarding his tax liability. A paid the first installment and took the T.V. and disappeared. The police somehow managed to arrest him and sought to prosecute 'A' for cheating. Decide. 

Solution:

Firstly, A falsely impersonated as a Sales Tax officer to buy a television and secondly, he fraudulently induced B to sell that to him. He is liable for cheating.

QUESTION: 10

If a witness makes a statement in Court, knowing it to be false, he commits the offence of

Solution:

If a witness makes a statement in Court, knowing it to be false, he commits the offence of. Forgery. Falsehood.

QUESTION: 11

Whoever causes death by doing an act with the intention of causing death commits culpable homicide; punishable under Indian Penal Code.
Facts: Bandipur is a protected area wherein hunting is totally forbidden. Kannan, a poacher, stealthily entered this area and he shot at a deer. He missed the target and the bullet hits the forest guard relaxing nearby, whom Kannan had not seen. The forest guard was killed. Decide whether Kannan is guilty of culpable homicide. (NLSIU-1998)

Solution:

Kanan will not be liable for killing the forest guard as he had no intention to kill him. He will be liable for trespassing the Forest Land, Attempt to poach etc. but not for killing the forest guard as both for homicide and Murder, intention needs to be proved.

QUESTION: 12

What is the meaning of the Latin Maxim/Legal Word/ Legal Term ‘Impotentia excusat legem”?

Solution:

IMPOTENTIA EXCUSAT LEGEM. Latin, meaning Impossibility is an excuse in the law. IGNORANTIA FACTI EXCUSAT IGNORANTIA JURIS NON EXCUSAT Latin, meaning Ignorance of fact excuses; ignorance of law does not excuse. IGNORANCE OF THE LAW A common phrase meaning that all citizens are required to know the law.

QUESTION: 13

Which of the following is the major source of the Indian Constitution?

Solution:

The major sources of the Indian Constitution is Government of India Act 1935 Federal Scheme Emergency Provisions Public Service Commissions Office of Governor Judiciary Administrative Details.

QUESTION: 14

G.O.I floats a tender for making bridges in his industrial township. This tender is of the nature of _________.

Solution:

The invitation to offer is made to inform the public, the terms and conditions on which a person is interested in entering into a contract with the other party. Although the former party is not an offeror as he is not making an offer instead, he is stimulating people to offer him. Therefore, the acceptance does not amount to a contract, but an offer. When the former party accepts, the offer made by the other parties, it becomes a contract, which is binding on the parties.
Example: Menu card of a restaurant showing the prices of food items Government Tender.

QUESTION: 15

Principles: A. Whoever intending to take any moveable property out of the possession of any person without that person’s consent, moves that property out of his or her possession, is said to commit theft.
B. A person who, without lawful excuse, damages any property belonging to another intending to damage any such property shall be guilty of causing criminal damage.
C. Damage means any impairment of the value of a property.
Facts: Draupadi, an old lady of 85 years, used to live with her granddaughter Subhadra. Draupadi was ill and therefore bedridden for several months. In those months, she could not tolerate any noise and it ‘became quite difficult to clean her room. After she died, Subhadra hired a cleaner, Vinodji, to clean the room and throw away any rubbish that may be there. There was a pile of old newspapers which Draupadi had stacked in a corner of her room. Vinodji asked Subhadra if he should clear away the pile of old newspapers, to which she said yes, Vinodji took the pile to the municipality rubbish dump. While Vinodji was sorting and throwing away the newspapers, he was very surprised to find a beautiful painting in between two sheets of paper. He thought that Subhadra probably wouldn’t want this old painting back, especially because it was torn in several places and the colour was fading. He took the painting home, mounted it on a wooden frame and hung it on the wall of his bedroom. Unknown to him, the painting was an old ‘masterpiece, and worth twenty thousand rupees. Before mounting the painting, Vinodji pasted it on a plain sheet of paper so that it does not tear any more. By doing so, he made its professional ‘restoration very difficult and thereby reduced its value by half. Vinodji’s neighbour Champi discovered that the painting belonged to Subhadra. With the motive of returning the painting to Subhadra, Champi climbed through an open window into Vinodji’s room when he was away one afternoon and removed the painting from his house.

Q. Has Vinodji committed theft?

Solution:

The act of Vinodji does not fall within the four corners of the definition of theft. 

QUESTION: 16

Principles: A. Whoever intending to take any moveable property out of the possession of any person without that person’s consent, moves that property out of his or her possession, is said to commit theft.
B. A person who, without lawful excuse, damages any property belonging to another intending to damage any such property shall be guilty of causing criminal damage.
C. Damage means any impairment of the value of a property.
Facts: Draupadi, an old lady of 85 years, used to live with her granddaughter Subhadra. Draupadi was ill and therefore bedridden for several months. In those months, she could not tolerate any noise and it ‘became quite difficult to clean her room. After she died, Subhadra hired a cleaner, Vinodji, to clean the room and throw away any rubbish that may be there. There was a pile of old newspapers which Draupadi had stacked in a corner of her room. Vinodji asked Subhadra if he should clear away the pile of old newspapers, to which she said yes, Vinodji took the pile to the municipality rubbish dump. While Vinodji was sorting and throwing away the newspapers, he was very surprised to find a beautiful painting in between two sheets of paper. He thought that Subhadra probably wouldn’t want this old painting back, especially because it was torn in several places and the colour was fading. He took the painting home, mounted it on a wooden frame and hung it on the wall of his bedroom. Unknown to him, the painting was an old ‘masterpiece, and worth twenty thousand rupees. Before mounting the painting, Vinodji pasted it on a plain sheet of paper so that it does not tear any more. By doing so, he made its professional ‘restoration very difficult and thereby reduced its value by half. Vinodji’s neighbour Champi discovered that the painting belonged to Subhadra. With the motive of returning the painting to Subhadra, Champi climbed through an open window into Vinodji’s room when he was away one afternoon and removed the painting from his house.

Q. Is Vinodji guilty of criminal damage?

Solution:

There was no intention to damage. Vinodji rather wanted to keep the painting intact by pasting a paper. He was absolutely unaware of the factum of diminishing the value thereby. 

QUESTION: 17

Principles: A. Whoever intending to take any moveable property out of the possession of any person without that person’s consent, moves that property out of his or her possession, is said to commit theft.
B. A person who, without lawful excuse, damages any property belonging to another intending to damage any such property shall be guilty of causing criminal damage.
C. Damage means any impairment of the value of a property.
Facts: Draupadi, an old lady of 85 years, used to live with her granddaughter Subhadra. Draupadi was ill and therefore bedridden for several months. In those months, she could not tolerate any noise and it ‘became quite difficult to clean her room. After she died, Subhadra hired a cleaner, Vinodji, to clean the room and throw away any rubbish that may be there. There was a pile of old newspapers which Draupadi had stacked in a corner of her room. Vinodji asked Subhadra if he should clear away the pile of old newspapers, to which she said yes, Vinodji took the pile to the municipality rubbish dump. While Vinodji was sorting and throwing away the newspapers, he was very surprised to find a beautiful painting in between two sheets of paper. He thought that Subhadra probably wouldn’t want this old painting back, especially because it was torn in several places and the colour was fading. He took the painting home, mounted it on a wooden frame and hung it on the wall of his bedroom. Unknown to him, the painting was an old ‘masterpiece, and worth twenty thousand rupees. Before mounting the painting, Vinodji pasted it on a plain sheet of paper so that it does not tear any more. By doing so, he made its professional ‘restoration very difficult and thereby reduced its value by half. Vinodji’s neighbour Champi discovered that the painting belonged to Subhadra. With the motive of returning the painting to Subhadra, Champi climbed through an open window into Vinodji’s room when he was away one afternoon and removed the painting from his house.

Q. If Vinodji had discovered the painting before leaving Subhadra’s house rather than at the rubbish dump, would he have been guilty of theft in this case?

Solution:

In that case she had a chance to take the consent as regards the taking the panting, so she would be guilty of theft.

QUESTION: 18

Principles: A. Whoever intending to take any moveable property out of the possession of any person without that person’s consent, moves that property out of his or her possession, is said to commit theft.
B. A person who, without lawful excuse, damages any property belonging to another intending to damage any such property shall be guilty of causing criminal damage.
C. Damage means any impairment of the value of a property.
Facts: Draupadi, an old lady of 85 years, used to live with her granddaughter Subhadra. Draupadi was ill and therefore bedridden for several months. In those months, she could not tolerate any noise and it ‘became quite difficult to clean her room. After she died, Subhadra hired a cleaner, Vinodji, to clean the room and throw away any rubbish that may be there. There was a pile of old newspapers which Draupadi had stacked in a corner of her room. Vinodji asked Subhadra if he should clear away the pile of old newspapers, to which she said yes, Vinodji took the pile to the municipality rubbish dump. While Vinodji was sorting and throwing away the newspapers, he was very surprised to find a beautiful painting in between two sheets of paper. He thought that Subhadra probably wouldn’t want this old painting back, especially because it was torn in several places and the colour was fading. He took the painting home, mounted it on a wooden frame and hung it on the wall of his bedroom. Unknown to him, the painting was an old ‘masterpiece, and worth twenty thousand rupees. Before mounting the painting, Vinodji pasted it on a plain sheet of paper so that it does not tear any more. By doing so, he made its professional ‘restoration very difficult and thereby reduced its value by half. Vinodji’s neighbour Champi discovered that the painting belonged to Subhadra. With the motive of returning the painting to Subhadra, Champi climbed through an open window into Vinodji’s room when he was away one afternoon and removed the painting from his house.

Q. Is Champi guilty of theft?

Solution:

In the act done by  Champi, all the ingriedients of theft are existing in order to constitute the offence of theft. So she is liable for theft for removing the painting from the  house of Vinodji.

QUESTION: 19

Principles: A. Whoever intending to take any moveable property out of the possession of any person without that person’s consent, moves that property out of his or her possession, is said to commit theft.
B. A person who, without lawful excuse, damages any property belonging to another intending to damage any such property shall be guilty of causing criminal damage.
C. Damage means any impairment of the value of a property.
Facts: Draupadi, an old lady of 85 years, used to live with her granddaughter Subhadra. Draupadi was ill and therefore bedridden for several months. In those months, she could not tolerate any noise and it ‘became quite difficult to clean her room. After she died, Subhadra hired a cleaner, Vinodji, to clean the room and throw away any rubbish that may be there. There was a pile of old newspapers which Draupadi had stacked in a corner of her room. Vinodji asked Subhadra if he should clear away the pile of old newspapers, to which she said yes, Vinodji took the pile to the municipality rubbish dump. While Vinodji was sorting and throwing away the newspapers, he was very surprised to find a beautiful painting in between two sheets of paper. He thought that Subhadra probably wouldn’t want this old painting back, especially because it was torn in several places and the colour was fading. He took the painting home, mounted it on a wooden frame and hung it on the wall of his bedroom. Unknown to him, the painting was an old ‘masterpiece, and worth twenty thousand rupees. Before mounting the painting, Vinodji pasted it on a plain sheet of paper so that it does not tear any more. By doing so, he made its professional ‘restoration very difficult and thereby reduced its value by half. Vinodji’s neighbour Champi discovered that the painting belonged to Subhadra. With the motive of returning the painting to Subhadra, Champi climbed through an open window into Vinodji’s room when he was away one afternoon and removed the painting from his house.

Q. Which of the following propositions could be inferred from the facts and the rules specified

Solution:

The act of champi may be guilty of theft but her act does not attract any of the ingriendients of criminal damage. She just removed the painting from house of Vinod in his absence with motive to return. Nothing in the factual position to show that she wanted to damage it.  

QUESTION: 20

What is the meaning of the Legal Maxim/ Legal Word/Legal Term “Champerty”?

Solution:

Means an illegal agreement in which a person with no previous interest in a lawsuit finances it with a view to sharing the disputed property if the suit succeeds.

QUESTION: 21

Principle: No Person shall be prosecuted for the same offence twice.
Facts: Rajiv Chanda was driving his BMW when he drove the car on the pathway and crushed three people to death. Due to lack of evidence he is acquitted, now the prosecution finds eye witness and evidence against him. They want to prosecute him again.

Solution:

The factual situation states that Rajiv has been acquitted . if a person has acquitted he can not prosecuted again for the same offence. Had he been discharged then Rajiv could be prosecuted again upon finding new evidence.

QUESTION: 22

What is the meaning of the Legal Maxim/ Legal Word/Legal Term “Estoppel”?

Solution:

Estoppel. n. a bar or impediment (obstruction) which precludes a person from asserting a fact or a right or prevents one from denying a fact. Such a hindrance is due to a person's actions, conduct, statements, admissions, failure to act or judgment against the person in an identical legal case.

QUESTION: 23

Whoever induces or attempts to induce a candidate, or voter, to believe that he, or any person, who he is interested in, will become, or will be rendered, an object of divine displeasure, or spiritual censure, commits the offence of

Solution:

Voluntarily interference with the free exercise of electoral right of some person is undue influence at an election. Undue influence occurs when one person persuades the other from doing what he wants to do  by using tacticts.

QUESTION: 24

Who heads the four members Committee appointed to study the Centre-State relations especially the changes took place since Sarkaria Commission

Solution:

Yes Justice M.M Punchii 28th chief justice of India heads the Punchii commission which looks after the center state relation from 27th April 2007 .

QUESTION: 25

Principles: A. A minor is a person who is below the age of eighteen. However, where a guardian administers the minor’s property, the age of majority is twentyone.
B. A minor is not permitted by law to enter into a contract. Hence, where a minor enters into a contract with a major person, the contract is not enforceable. This effectively means that neither the minor nor the other party can make any claim on the basis of the contract.
C. In a contract with a minor, if the other party hands over any money or confers any other benefit on the minor, the same shall not be recoverable from the minor unless the other party was deceived by the minor to hand over money or any other benefit. The other party will have to show that the minor misrepresented her age, he was ignorant about the age of the minor and that he handed over the benefit on the basis of such representation.
Facts: Animesh convinces Kumud, a girl aged 18 that she would sell her land to him. Kumud’s mother Parineeti is her guardian. Nonetheless Kumud, without the permission of Parineeti, sells the land to Animesh for a total sum of rupees fifty lakh, paid in full and final settlement of the price. Parineeti challenges this transaction claiming the Kumud is a minor and hence the possession of the land shall not be given to Animesh. Thus Animesh is in a difficult situation and has no idea how to recover his money from Kumud.

Q. Why is Parineeti justified in challenging the sale transaction?

Solution:

Prinittee is her guardian for administration of the property of kumud and therefore, she is justified in challenging the transaction entered into by Kumud. Kumud cannot enter into any transanction till she completes the age of 21. 

QUESTION: 26

Principles: A. A minor is a person who is below the age of eighteen. However, where a guardian administers the minor’s property, the age of majority is twentyone.
B. A minor is not permitted by law to enter into a contract. Hence, where a minor enters into a contract with a major person, the contract is not enforceable. This effectively means that neither the minor nor the other party can make any claim on the basis of the contract.
C. In a contract with a minor, if the other party hands over any money or confers any other benefit on the minor, the same shall not be recoverable from the minor unless the other party was deceived by the minor to hand over money or any other benefit. The other party will have to show that the minor misrepresented her age, he was ignorant about the age of the minor and that he handed over the benefit on the basis of such representation.
Facts: Animesh convinces Kumud, a girl aged 18 that she would sell her land to him. Kumud’s mother Parineeti is her guardian. Nonetheless Kumud, without the permission of Parineeti, sells the land to Animesh for a total sum of rupees fifty lakh, paid in full and final settlement of the price. Parineeti challenges this transaction claiming the Kumud is a minor and hence the possession of the land shall not be given to Animesh. Thus Animesh is in a difficult situation and has no idea how to recover his money from Kumud.

Q. Animesh can be allowed to recover the money only if he can show that

Solution:

Principle C is very much clear on this point. There should be misrepresentation on the part of minor as regards her/his age.

QUESTION: 27

Principles: A. A minor is a person who is below the age of eighteen. However, where a guardian administers the minor’s property, the age of majority is twentyone.
B. A minor is not permitted by law to enter into a contract. Hence, where a minor enters into a contract with a major person, the contract is not enforceable. This effectively means that neither the minor nor the other party can make any claim on the basis of the contract.
C. In a contract with a minor, if the other party hands over any money or confers any other benefit on the minor, the same shall not be recoverable from the minor unless the other party was deceived by the minor to hand over money or any other benefit. The other party will have to show that the minor misrepresented her age, he was ignorant about the age of the minor and that he handed over the benefit on the basis of such representation.
Facts: Animesh convinces Kumud, a girl aged 18 that she would sell her land to him. Kumud’s mother Parineeti is her guardian. Nonetheless Kumud, without the permission of Parineeti, sells the land to Animesh for a total sum of rupees fifty lakh, paid in full and final settlement of the price. Parineeti challenges this transaction claiming the Kumud is a minor and hence the possession of the land shall not be given to Animesh. Thus Animesh is in a difficult situation and has no idea how to recover his money from Kumud.

Q. In order to defend the sale, Kumud will need to show that

Solution:

As per law , in order to deal with her property, she has to be major. In her case, wherein there is guardian she will be treated major at the age of 21. So minority is the only thing coming in her way.

QUESTION: 28

Principles: A. A minor is a person who is below the age of eighteen. However, where a guardian administers the minor’s property, the age of majority is twentyone.
B. A minor is not permitted by law to enter into a contract. Hence, where a minor enters into a contract with a major person, the contract is not enforceable. This effectively means that neither the minor nor the other party can make any claim on the basis of the contract.
C. In a contract with a minor, if the other party hands over any money or confers any other benefit on the minor, the same shall not be recoverable from the minor unless the other party was deceived by the minor to hand over money or any other benefit. The other party will have to show that the minor misrepresented her age, he was ignorant about the age of the minor and that he handed over the benefit on the basis of such representation.
Facts: Animesh convinces Kumud, a girl aged 18 that she would sell her land to him. Kumud’s mother Parineeti is her guardian. Nonetheless Kumud, without the permission of Parineeti, sells the land to Animesh for a total sum of rupees fifty lakh, paid in full and final settlement of the price. Parineeti challenges this transaction claiming the Kumud is a minor and hence the possession of the land shall not be given to Animesh. Thus Animesh is in a difficult situation and has no idea how to recover his money from Kumud.

Q. Which of the following is correct?

Solution:

Animesh should not be allowed to abuse the law legislated for  the protection of minor. Inducement on his part clearly shows that he is exploiting the minor for taking wrongful benefits for himself. 

QUESTION: 29

Principles: A. A minor is a person who is below the age of eighteen. However, where a guardian administers the minor’s property, the age of majority is twentyone.
B. A minor is not permitted by law to enter into a contract. Hence, where a minor enters into a contract with a major person, the contract is not enforceable. This effectively means that neither the minor nor the other party can make any claim on the basis of the contract.
C. In a contract with a minor, if the other party hands over any money or confers any other benefit on the minor, the same shall not be recoverable from the minor unless the other party was deceived by the minor to hand over money or any other benefit. The other party will have to show that the minor misrepresented her age, he was ignorant about the age of the minor and that he handed over the benefit on the basis of such representation.
Facts: Animesh convinces Kumud, a girl aged 18 that she would sell her land to him. Kumud’s mother Parineeti is her guardian. Nonetheless Kumud, without the permission of Parineeti, sells the land to Animesh for a total sum of rupees fifty lakh, paid in full and final settlement of the price. Parineeti challenges this transaction claiming the Kumud is a minor and hence the possession of the land shall not be given to Animesh. Thus Animesh is in a difficult situation and has no idea how to recover his money from Kumud.

Q. Which of the following is correct?

Solution:

As per law, minor is not  competent to enter into any contract. Even a minor cannot be asked to return any benefit given by any person to minor in lieu  of such contract. The Contract with minor is void abinitio. If some one violates the law, he should not be allowed to take any kind of benefit, otherwise the whole object of law will be frustrated. 

QUESTION: 30

A judge of the Supreme Court can be removed from office only on grounds of

Solution:

The only conditions that can be grounds for their removal are proven misbehavior and incapacity to act as judge. Article 124 of the Constitution states that by an order of the President a Supreme Court justice can be removed from his or her office.

QUESTION: 31

A minor’s agreement is void. This proposition was made in which of the following cases?

Solution:

The case goes back to the year 1903 in which, for the first time, the Privy Council held that a minor’s contract is void-ab-initio that it is void from the beginning.

QUESTION: 32

Paragraph: On the October 21 election to the 288–member State Assembly, the Progress party received a clear mandate from the electorate winning, 161 seats. The Band Bajao Party, on the other hand, won 98 seats. After the government was formed, a strong group of Progress MLAs became unhappy with their Chief Minister, Mr.  Abhinav Jain, and decided to start considering BBP membership. There were public talks about how Mr. Jain had lost the confidence of this house. With the intensification of this discussion, tempers of the MLAs began to rise and arguments frequently broke out. While this argument was going on, Mr. Jain passed a few religious policies which garnered the attention of prominent human rights activists. These policies aimed at mapping the movement of people from a certain religious community, based solely on their religious identity. The activists openly registered their dissent on social media platforms on the ground that they violate secularism, a basic feature of the Constitution. This added fuel to the allegation that Mr. Jain was unfit to be the Chief Minister.
Mr. Jain requested the governor to call for a floor test. The governor refused, and recommended that President‟s rule be declared in the state under Article 356(1) of the Constitution of India as Mr. Jain had lost the confidence of the house. The president decided to follow the recommendation and the state government was dissolved. Mr. Jain, aggrieved, challenged this recommendation and cited the case of S.R. Bommai which had held that a floor test was ordinarily mandatory, without being covered under the doctrine of political question. The governor had acted wrongfully by recommending the imposition of president’s rule without conducting the floor test. He further argued that the governor should have tried to remedy the situation instead of recommending President’s rule. He also alleged that the report of the governor was not enough for the President to make such a proclamation. The President had acted in an incorrect manner. 
The Constitution requires that the President be “satisfied” about the need to issue a proclamation. This satisfaction should be based on some material before him.
The case is now in the Supreme Court of India. The relevant wording of Article 356(1) is as follows– “If the President, on receipt of report from the Governor of the State or otherwise, is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may by Proclamation…” Based on this fact scenario, answer the following questions–

Q. The governor argued that he has the power to decide whether the chief minister has lost the confidence of the government, and could he could do so in his chambers in these circumstance. The Court will –

Solution:

As per settled proposition of law, floor test is generally a must before terming a candidate having lost confidence. No such power lies with governor. 

QUESTION: 33

Paragraph: On the October 21 election to the 288–member State Assembly, the Progress party received a clear mandate from the electorate winning, 161 seats. The Band Bajao Party, on the other hand, won 98 seats. After the government was formed, a strong group of Progress MLAs became unhappy with their Chief Minister, Mr.  Abhinav Jain, and decided to start considering BBP membership. There were public talks about how Mr. Jain had lost the confidence of this house. With the intensification of this discussion, tempers of the MLAs began to rise and arguments frequently broke out. While this argument was going on, Mr. Jain passed a few religious policies which garnered the attention of prominent human rights activists. These policies aimed at mapping the movement of people from a certain religious community, based solely on their religious identity. The activists openly registered their dissent on social media platforms on the ground that they violate secularism, a basic feature of the Constitution. This added fuel to the allegation that Mr. Jain was unfit to be the Chief Minister.
Mr. Jain requested the governor to call for a floor test. The governor refused, and recommended that President‟s rule be declared in the state under Article 356(1) of the Constitution of India as Mr. Jain had lost the confidence of the house. The president decided to follow the recommendation and the state government was dissolved. Mr. Jain, aggrieved, challenged this recommendation and cited the case of S.R. Bommai which had held that a floor test was ordinarily mandatory, without being covered under the doctrine of political question. The governor had acted wrongfully by recommending the imposition of president’s rule without conducting the floor test. He further argued that the governor should have tried to remedy the situation instead of recommending President’s rule. He also alleged that the report of the governor was not enough for the President to make such a proclamation. The President had acted in an incorrect manner. 
The Constitution requires that the President be “satisfied” about the need to issue a proclamation. This satisfaction should be based on some material before him.
The case is now in the Supreme Court of India. The relevant wording of Article 356(1) is as follows– “If the President, on receipt of report from the Governor of the State or otherwise, is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may by Proclamation…” Based on this fact scenario, answer the following questions–

Q. Based on your reading of Article 356, President‟s rule should be looked at –

Solution:

When the president finds that the government cannot be run in accordance with the provision mandated in constitution. It is done when all the available means and options failed. 

QUESTION: 34

Paragraph: On the October 21 election to the 288–member State Assembly, the Progress party received a clear mandate from the electorate winning, 161 seats. The Band Bajao Party, on the other hand, won 98 seats. After the government was formed, a strong group of Progress MLAs became unhappy with their Chief Minister, Mr.  Abhinav Jain, and decided to start considering BBP membership. There were public talks about how Mr. Jain had lost the confidence of this house. With the intensification of this discussion, tempers of the MLAs began to rise and arguments frequently broke out. While this argument was going on, Mr. Jain passed a few religious policies which garnered the attention of prominent human rights activists. These policies aimed at mapping the movement of people from a certain religious community, based solely on their religious identity. The activists openly registered their dissent on social media platforms on the ground that they violate secularism, a basic feature of the Constitution. This added fuel to the allegation that Mr. Jain was unfit to be the Chief Minister.
Mr. Jain requested the governor to call for a floor test. The governor refused, and recommended that President‟s rule be declared in the state under Article 356(1) of the Constitution of India as Mr. Jain had lost the confidence of the house. The president decided to follow the recommendation and the state government was dissolved. Mr. Jain, aggrieved, challenged this recommendation and cited the case of S.R. Bommai which had held that a floor test was ordinarily mandatory, without being covered under the doctrine of political question. The governor had acted wrongfully by recommending the imposition of president’s rule without conducting the floor test. He further argued that the governor should have tried to remedy the situation instead of recommending President’s rule. He also alleged that the report of the governor was not enough for the President to make such a proclamation. The President had acted in an incorrect manner. 
The Constitution requires that the President be “satisfied” about the need to issue a proclamation. This satisfaction should be based on some material before him.
The case is now in the Supreme Court of India. The relevant wording of Article 356(1) is as follows– “If the President, on receipt of report from the Governor of the State or otherwise, is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may by Proclamation…” Based on this fact scenario, answer the following questions–

Q. Mr. Jain has alleged that the President has behaved incorrectly as he relied on just a report. The Court will –

Solution:

As per the mandate of law stipulated under Article 356 referred to above, President can make proclamation on the report of Governor. It is for the Court to examine / review the report to see as to whether any other solution expect the one exercised by the president could be possible from the contents of report.

QUESTION: 35

Paragraph: On the October 21 election to the 288–member State Assembly, the Progress party received a clear mandate from the electorate winning, 161 seats. The Band Bajao Party, on the other hand, won 98 seats. After the government was formed, a strong group of Progress MLAs became unhappy with their Chief Minister, Mr.  Abhinav Jain, and decided to start considering BBP membership. There were public talks about how Mr. Jain had lost the confidence of this house. With the intensification of this discussion, tempers of the MLAs began to rise and arguments frequently broke out. While this argument was going on, Mr. Jain passed a few religious policies which garnered the attention of prominent human rights activists. These policies aimed at mapping the movement of people from a certain religious community, based solely on their religious identity. The activists openly registered their dissent on social media platforms on the ground that they violate secularism, a basic feature of the Constitution. This added fuel to the allegation that Mr. Jain was unfit to be the Chief Minister.
Mr. Jain requested the governor to call for a floor test. The governor refused, and recommended that President‟s rule be declared in the state under Article 356(1) of the Constitution of India as Mr. Jain had lost the confidence of the house. The president decided to follow the recommendation and the state government was dissolved. Mr. Jain, aggrieved, challenged this recommendation and cited the case of S.R. Bommai which had held that a floor test was ordinarily mandatory, without being covered under the doctrine of political question. The governor had acted wrongfully by recommending the imposition of president’s rule without conducting the floor test. He further argued that the governor should have tried to remedy the situation instead of recommending President’s rule. He also alleged that the report of the governor was not enough for the President to make such a proclamation. The President had acted in an incorrect manner. 
The Constitution requires that the President be “satisfied” about the need to issue a proclamation. This satisfaction should be based on some material before him.
The case is now in the Supreme Court of India. The relevant wording of Article 356(1) is as follows– “If the President, on receipt of report from the Governor of the State or otherwise, is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may by Proclamation…” Based on this fact scenario, answer the following questions–

Q. Suppose the governor had agreed to the floor test and Mr. Jain was able to demonstrate the confidence of the House. Six months later, Mr. Jain and his government began to raid the houses of activists of a specific religion who had raised their voices against his policies. This caused an uproar in the assembly and instability. Would it then be permissible for the governor to recommend President‟s rule? 

Solution:

The president rule can be imposed in state only in conditions specified in Article 356.i.e. non running of Government according to provision of Condition. No other reason even secularism is specified for such purpose. 

QUESTION: 36

Principle: A Person is entitled to protect his property by using lawful means.
Ramlal is growing valuable vegetables and fruits on his farm and he has fenced the farm to prevent the cattle from entering into it. In addition he has kept a ferocious dog to chase away intruding urchins and cattle. Some children were playing in a nearby playground and the ball slipped into the farm. A boy running after the ball came near the fence and shouted for the ball. But when there was no response, he managed to creep into the farm to get the ball. The dog which was surreptitiously waiting attacked the boy and badly mauled him. The boy’s parents filed a suit against Ramlal. 

Solution:

Protection of property has to be by lawful means. Means of protection should be for serving the desired purpose and not exagerated ones. There is no need to keep ferocious dog to protect the property. Rather a dummy works/suffice.

QUESTION: 37

Which of the following Judges of the Supreme Court of India is famously known as the 'Green Judge'?

Solution:

Shri Kuldip Singh is known as 'The green judge' in India. He is crowned as such since he passed numerous crucial judgments for safe guarding the environment. Judgement of Tajmahal is also by his lordship. 

QUESTION: 38

BHAI, a con-man by profession, was sitting in his lawn with some stolen books by William Shakespeare. Suddenly, his neighbour, DIDI, entered and tried to snatch away those books from him saying that they belong to her. As it turns out, she was right. Still, BHAI sues DIDI for trespass to goods. Will he succeed?
Principle: Interference with someone’s possession or enjoyment of movable property constitutes the tort of trespass of goods.

Solution:

Although Didi is ultimate owner of books but at the time of occurrence these were in possession of Bhai who was sitting in his own premises. Didi could avail any remedy to get her books back but here her act is tortious. 

QUESTION: 39

What is meant by the Legal Maxim/word “praesumptioinnocentiae”?

Solution:

The presumption of innocence is the legal principle that one is considered innocent until proven guilty. In many countries, the presumption of innocence is a legal right of the accused in a criminal trial, and it is an international human right under the UN's Universal Declaration of Human Rights.

QUESTION: 40

Principle: Uncertain agreements are not enforceable by law,
Fact: Allauddin is a dealer in all types of edible oils. Vimal buys from Allauddin mustard oil and coconut oil, On 6 June. Vimal sent a telegram asking Allauddin to send 100 tonnes of oil which was not supplied by Allauddin. Vimal filed a suit against Allaudin.
Probable reasons were given by Allauddin Which oil is to be supplied was not mentioned though Vimal used to buy coconut oil in previous years in the month of May when this order also was placed.
The price of the oil to be supplied is unascertainable because he was supplied at price different from price charged from others in an earlier period.
Prices of all oils had risen considerably and it was not possible to supply at the quoted price.
The oil was to be bought by Vimal for the purpose of export which was later banned by the Government.

Q. Which among the above will not be accepted?

Solution:

The order placed by Vimal is not certain on two aspects. Firstly as regards the kind of oil he wants to buy and secondly as regard price. In order to defend his case he can take two option given at A and B which are related to Kind and price. But last two option i.e. c and d are not relevant for said purpose.  

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