CLAT

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.

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.

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

The implicit rationale for, or the philosophical foundation of, the intellectual property rights system in India is embodied in three underlying objectives. First, it seeks to strike a balance between the interest of producers on the one hand and consumers on the other, that is, those who develop the scientific knowledge or innovate and those who use the goods or services derived there from. Needless to say every country attempts the same, but where the balance is reached depends on the level of development. The "levels" of income in the economy and the stage of development in the society are thus particularly important in the context.

The logical exclusions from patentability follows from this objective. Methods of horticulture and agriculture, as also food, are excluded because such a large proportion of the population is dependent on agriculture for a livelihood. The purchasing power of the poor even for food is limited, while drugs and medicines are excluded because millions do not have access to basic health care.

Second, it endeavours to ensure rewards for the owners of knowledge or the innovators but, at the same time, aims to place a limit on the monopoly profits or the quasi-rents which may be appropriated by the entity that commercialises the technology or transforms the scientific knowledge into a marketable product. This is the logic of compulsory licensing. There are two underlying principles set out in the Patents Act: patents are granted to encourage inventions and to secure that the inventions are available in India: and patents are not granted merely to enable the patentees to enjoy a monopoly for the importation of the patented article.

Third, it attempts to create an environment which is conducive for the diffusion of existing technologies and the development of new technologies, in so far as technology is a basic determinant of development in a society that is a latecomer to industrialisation. The patentability of process alone, but not products, in some sectors, and the reduced term of patents derives from this objective.

Q.

Which of the following, according to the passage, are excluded from the Patent Act?

a) If only conclusion I is true

b) If only conclusion II is true

c) If either conclusion I or II is true

d) If neither conclusion I nor II is true 

e) If both the conclusions I and II are true

Statements: A>B=C; E=F; E ³ D>C

Q.Conclusion: I.H< J      II.J<G

The government has acted with reasonable alacrity to create the post of the Chief of Defense Staff (CDS), who will head the Department of Military Affairs (DMA). It was only four months ago, on August 15, that the Prime Minister stressed the importance of creating this post, whereas two Defense Ministers came and went after Manohar Parrikar promised that this move was very much on the government’s agenda. To be fair, the delay has been more a result of fears in the minds of the three services — the Indian Army, Indian Navy and Indian Air Force — of how such a development could impact on the role and functioning of the three arms of the armed forces, in terms of curtailing or inflating their importance. There must have been a parallel thought in the bureaucracy how such a shift would affect them too. This move will install the CDS in the rank of a four star general. There is no doubt that the job of the CDS will be exceedingly challenging, a task which is easier set than done. The job calls for total transformation of traditional military mindset. The CDS has to restructure the military commands into appropriate theatre or joint commands for which a critical prerequisite is ‘jointness’ — a term that envisions the various arms of the armed forces working in unison towards a goal.
Q. Former Defense Minister Manohar Parrikar was also the Chief Minister of which of the following state?

Study the following informations carefully to answer these questions.

          (i) ‘P * Q’ means ‘P is father of Q’.

          (ii) ‘P # Q’ means ‘P is sister of Q’.

          (iii) ‘P + Q’ means ‘P is brother of Q’.

          (iv) ‘P – Q’ means ‘P is mother of Q’.

          (v) ‘P/Q’ means ‘P is son of Q’.

          (vi) ‘P = Q’ means ‘P is daughter of Q’.

Q. 
​Which of the following means ‘Y is the mother of X and Z’?

It is quite understandable that a recent Supreme Court judgment, that there is no fundamental right to claim reservation in promotions, has caused some political alarm. The received wisdom in affirmative action jurisprudence is that a series of Constitution amendments and judgments have created a sound legal framework for reservation in public employment, subject to the fulfillment of certain constitutional requirements. And that it has solidified into an entitlement for the backward classes, including the SCs and STs. However, the latest judgment is a reminder that affirmative action programmes allowed in the Constitution flow from ”enabling provisions” and are not rights as such. This legal position is not new. Major judgments — these include those by Constitution Benches — note that Article 16(4), on reservation in posts, is enabling in nature. In other words, the state is not bound to provide reservations, but if it does so, it must be in favour of sections that are backward and inadequately represented in the services based on quantifiable data. Thus, the Court is not wrong in setting aside an Uttarakhand High Court order directing data collection on the adequacy or inadequacy of representation of SC/ST candidates in the State‘s services. Its reasoning is that once there is a decision not to extend reservation — in this case, in promotions — to the section, the question whether its representation in the services is inadequate is irrelevant.
Q. Which article envisages the establishment of the National Commission for Scheduled Castes?

Direction: Read the passage given below. Choose the best options for the Question.

IOT has had an impact across all fields, be it industries, government, small or large businesses and even for Personal Consumption.

What is IOT (Internet of things) you might ask. It’s been a growing topic of conversation for some time now. Put in the simplest term it means anything that has an on and off button and is connected to the internet for receiving, analyzing, storing or sending data. This could mean anything, from the watch that you wear to airplanes that can be controlled from a remote location. According to the analyst firm Gartner, by the year 2020 we’ll have over 26 billion connected devices. That could mean people to people, people connected to things and things connected to things.The new rule of the future is going to be “Anything that can be connected will be connected”. Take for example that when you set an alarm to wake up and that alarm goes off it not only wakes you up but also brews your coffee, sets the right temperature of water for your bath, puts on the television to bring you the latest updates from around the globe and all this before you even put a foot out of your bed. This is all done by simply getting the network of interconnected things/devices that have embedded sensors, network connectivity, software and necessary electronics that collect and exchange data.     To show how far we have come with technology and connectivity, we have smart watches such as Fitbit, Garmin to name a few that have changed the way we look at time. We have one device that not only tells us the time but also tracks the number of steps, calories and our heart rate. This watch is actually connected to our phone so with just one turn of the wrist one can tell who is calling or what messages have been received without having to dig through pockets or handbags.
IOT is making its presence felt in health care as well. Doctors can now remotely monitor and communicate with their patients and health care providers can benefit from this. Whether data comes from foetal monitors, electrocardiograms, temperature monitors or blood glucose levels, tracking this information is vital for some patients. Many of this requires follow up interaction with healthcare professionals. With smarter devices that deliver more valuable data it can reduce the need for direct patient- physician interaction.
Take for instance in the sporting field, minute chips are being attached to balls and bats which will transmit information of how  fast the ball is travelling and a batsman’s moves, the time, the angles, the pressure on the bat at different positions, data of the muscle stretch if he’s hit a six so on and so forth.
Formula one cars are also being fitted with these sensors which relays information on the minute moves being made by the driver. Chips are also being put into wearable devices of sportsmen to detect  suboptimal action of any body parts to show signs of stress or strain which will help in the early detection of injuries and take preventive measures.
IOT has had an impact across all fields, be it industries, government, small or large business and even for personal consumption. IBM, Google, Intel, Microsoft and Cisco are some of the top players in the IOT spectrum.
With billions of devices connected security becomes a big issue. How can people make sure that their data is safe and secure? This is one of the major concerns in the IOT that becomes a hot topic. Another issue is with all these billions of devices sharing data companies will be faced with the problem of how to store, track, analyse and make vast sense of the information being generated. Companies are monitoring the network segment to identify anomalous traffic and to take action if necessary.
Now that we have a fair understanding of IOT let’s see what impact it’s had on the education sector. The only constant in our lives is change and learning. From the get go we learn, be it to the walk, talk or run.
We adapt to the changing times and constantly learn from it. Education or learning as we know it in the broader sense is the most important of all and the one that decides which way we handle those changes to impact us and the world.
Today’s world is fast paced and to keep up with this we need an infusion of speed with learning. From the classroom assignments, lectures, blackboards and chalk we have come a long way to what is now known as e-learning (electronic learning) or m-learning (mobile learning). With the GenNext it is imperative to provide the right kind of education.
The rise of technology and IOT allows schools to improve the safety of their campuses, keep track of resources and enhance access to information. It ensures data quality being the top priority but also facilitates development of content allowing teachers to use this technology to create smart lesson plans and ensuring the reach of this content to any corner of the world.

How is IOT a concept of connecting?

Passage: India is a country of villages. Rural population still dominates the urban population as far as the number is considered. This is despite the fact that there is rampant migration of rural families to urban centres. Generally, the gains of being a unit of the urban population are less than the disadvantages and risks that are in-built in the urban life. Crime, riots, etc are some of the examples of such risks of urban life.
The forces that generate conditions conducive to crime and riots are stronger in urban communities than in rural areas.
Urban living is more anonymous living. It often releases the individual from community restraints more common in tradition-oriented societies. But more freedom from constraints and controls also provides greater freedom to deviate. And living in the more impersonalized, formally controlled urban society means that regulatory orders of conduct are often directed by distant bureaucrats. The police are strangers executing these prescriptions on an anonymous set of subjects. Minor offences in small town or village are often handled without resort to official police action. As disputable as such action may seem to be, it results in fewer recorded violations of the law compared to those in the big cities. Although perhaps causing some decision difficulties for the police in small town, formal and objective law enforcement is not always acceptable to the villagers. Urban area with mass population, greater wealth, more commercial establishments and more products of our technology also provide more frequent opportunities for theft. Victims are impersonalized property is insured, consumer goods in more abundance are vividly displayed and are more portable. The crime rate increases despite formal moral education given in schools.

Directions: Choose the word which is most SAME in meaning to the word used in the passage..

WORD: DEVIATE

Facts: A meets Z and Z's child on the high road. A takes the child, and threatens to fling it down a precipice, unless Z delivers his purse. Z, in consequence, delivers his purse.

Directions for questions : Answer the questions on the basis of the information given below.

An 8-litre jug is filled with milk. There are two empty 5-litre and 3-litre jugs that are also available. Divide the 8 litres of milk into two equal parts by only using the 3 given jugs. No other measuring devices are available. There is no graduation mark in these jugs and eye estimation is not acceptable.

Q. ​What is the quantity of milk in litres in the 8-litre jug after the 4th pouring?

Directions : Four alternative summaries are given below the text. Choose the option that best captures the essence of the text.

Physically, inertia is a feeling that you just can’t move mentally, it is a sluggish mind. Even you try to be sensitive, if your mind is sluggish; you just do not feel anything intensely. You may even see a tragedy enacted in front of your eyes and it will be able to respond meaningfully. You may see one person exploiting another, one group persecuting another, and not be able to get angry, your energy is frozen. You are not deliberately refusing to act; you don’t just have the capacity.

A. Inertia makes your body and mind sluggish. They become insensitive to tragedies, exploitation, and persecution because it freezes your energy and decapitates it.

B. When you have inertia you do not act although your see one person exploiting another or on group persecuting another. You do not get angry because you are incapable.

C. Inertia is of two types- physical and mental. Physical inertia restricts bodily movements. Mental inertia prevents response to events enacted in front or your eyes.

D. Physical inertia stops your body from moving: mental inertia freezes your energy and stops your mind for responding meaningfully to events, even tragedies, in front to you. 

I am losing my interest in human beings; in the significance of their lives and their actions. Someone has said it is better to study one man than ten books. I want neither books nor men; they make me suffer. Can one of them talk to me like the night – the Summer night? Like the stars or the caressing wind?
The night came slowly, softly, as I lay out there under the maple tree. It came creeping, creeping stealthily out of the valley, thinking I did not notice. And the outlines of trees and foliage nearby blended in one black mass and the night came stealing out from them, too, and from the east and west, until the only light was in the sky, filtering through the maple leaves and a star looking down through every cranny.
The night is solemn and it means mystery.
Human shapes flitted by like intangible things. Some stole up like little mice to peep at me. I did not mind. My whole being was abandoned to the soothing and penetrating charm of the night. The katydids began their slumber song: they are at it yet. How wise they are. They do not chatter like people. They tell me only: “sleep, sleep, sleep.” The wind rippled the maple leaves like little warm love thrills. Why do fools cumber the Earth! It was a man‘s voice that broke the necromancer‘s spell. A man came today with his “Bible Class.” He is detestable with his red cheeks and bold eyes and coarse manner and speech. What does he know of Christ? Shall I ask a young fool who was born yesterday and will die tomorrow to tell me things of Christ? I would rather ask the stars: they have seen him.

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

Passage: Management is a set of processes that can keep a complicated system of people and technology running smoothly. The most important aspects of management include planning, budgeting, organizing, staffing, controlling, and problem-solving. Leadership is a set of processes that creates organisations in the first place or adapts them to significantly changing circumstances. Leadership defines what the future should look like, aligns people with that vision, and inspires them to make it happen despite the obstacles. This distinction is absolutely crucial for our purposes here: Successful transformation is 70 to 90 per cent leadership and only 10 to 30 per cent management. Yet for historical reasons, many organisations today don‘t have much leadership. And almost everyone thinks about the problems here as one of managing change. For most of this century, as we created thousands and thousands of large organizations for the first time in human history, we didn‘t have enough good managers to keep all those burrreaucracies functioning. So many companies and universities developed management programmes, and hundreds and thousands of people were encouraged to learn management on the job. And they did. But, people were taught little about leadership. To some degree, management was emphasized because it‘s easier to teach than leadership. But even more so, management was the main item on the twentieth-century agenda because that‘s what was needed. For every entrepreneur or business builder who was a leader, we needed hundreds of managers to run their ever growing enterprises. Unfortunately for us today, this emphasis on management has often been institutionalized in corporate cultures that discourage employees from learning how to lead. Ironically, past success is usually the key ingredient in producing this outcome.
The syndrome, as I have observed it on many occasions, goes like this: success creates some degree of market dominance, which in turn produces much growth. After a while keeping the ever larger organizations under control becomes the primary challenge. So attention turns inward, and managerial competencies are nurtured. With a strong emphasis on management but not on leadership, bureaucracy and an inward focus take over. But with continued success, the result mostly of market dominance, the problem often goes unaddressed and an unhealthy arrogance begins to evolve. All of these characteristics then make any transformation effort much more difficult. Arrogant managers can over- evaluate their current performance and competitive position, listen poorly, and learn slowly. Inwardly focused employees can have difficulty seeing the very forces that present threats and opportunities.
Bureaucratic cultures an smother those who want to respond to shifting conditions. And the lack of leadership leaves no fore inside these organizations to break out of the morass.

Q. Why does the attention of large organizations turn inward?

In which of the following cases, ‘P’ did not owe duty of care to ‘Q’.

The nation-wide comparative study of States on governance carried out by the Government of India, as seen in the Good Governance Index (GGI) released by …..(1)….., is a welcome exercise to incentivise States to competitively deliver on public services to the citizens. This is not the first time that benchmarking of States has been carried out. Different agencies are evaluating the States on different parameters. The findings of the GGI’s inaugural edition are significant in many respects. Although …(2)… has always had the reputation of being a better-run State, it is only now that it is ranked first in any study of this kind. Its strength has been the ability to ensure stable and smooth delivery of services without much ado. But it is not the only southern State to have put up an impressive performance. Three of its neighbors are among the top 10 of the big 18 States, one of the three groups formed for the study with the north-east and hill States and Union Territories being the other two.
Q. Which state will replace…..(2)…..in the paragraph and has topped the GGI?

Directions: Each question below is followed by two arguments numbered I and II. You have to decide which of the arguments is a ‘strong’ argument and which is a ‘weak’ argument.

Give answer (a) : if only argument I is strong

Give answer (b) : if only argument II is strong.

Give answer (c) : if either argument I or II is strong.

Give answer (d) : if neither argument I nor II is strong.

Give answer (e) : if both arguments I and II are strong

​Q.

Statement: Should the knowledge of Hindi language be made compulsory for all the employees of public sector organisations?

Arguments:

I. Yes, it is necessary for dealing with people from the educationally backward strata of the society.

II. No, it is not necessary for every employee to have the knowledge of Hindi language

Study the following information carefully and answer the given questions.

          Four friends Amar, Dev, Chandan and Bhusan are playing Ludo. They played Ludo six times. One of them won the game thrice, another won twice, another won only once and one of them lost all the games. All of them choose their favourite colours in the game, viz. Red, Yellow, Blue and Green.

The one who won twice is neither Amar nor the one who likes Blue colour.

The one who likes Yellow colour does not win the game more times than Dev.

Bhusan likes Red colour.

The one who likes Green colour is the best performer.

Amar does not like Yellow colour.

Q. 
How many times didAmar win the game?

Amnesty International's charge that 'tens of thousands' of political prisoners, including prisoners of conscience, are "languishing" in Indian jails and that prisoners are routinely tortured in this country has to be seen in a much wider context than the organization's annual report cares to do. In its overall appraisal of 151 countries, Amnesty has accused 112 of torturing prisoners, 63 of harboring prisoners of conscience, 61 of resorting to political killings and 53 of detaining people without a trial. Of these apparently "overlapping" categories, India seems to have been excluded from the list of the 61 which undertake political killings. The report has, however, pointed out that "scores" of people in India die of torture in police and military custody and that many also simply disappear. Clearly, only a thin line separates the 61 charged with political murders from the rest. Before coming to such conclusions, however, it may also be necessary to classify the various countries according to their political systems. Torture by the security forces and killings at the behest of the government make no difference to the victims whether they are in a democratic country or a totalitarian one. It is also nobody's case that a democratic country is less "culpable" than dictatorship in the event of human rights violations. But the point that still needs to be made perhaps is that torture or 'disappearances' represent a failure of the system in a democracy in contrast to being an integral part of state policy in a country ruled by an autocrat who is answerable to no one.

India may be guilty of keeping 'tens of thousands' behind bars and of the other human rights abuses mentioned by Amnesty, but it still remains a qualitatively different place from a totalitarian country. It is in this respect that Amnesty has been less than fair. It has chosen to ignore the distinctions between the good, the bad and the ugly. The openness of Indian society will be evident to anyone who spends half an hour in one of its chaotic marketplaces or visits the law courts or watches a political rally or reads a newspaper or "strikes up" a conversation with any person on the roads. There is no sense of fear in India, as in a dictatorship. There is also scope for securing relief from the heavy-handed behavior of the authorities, even if the human rights commission has not yet lived up to expectations. Unless such points are recognized, Amnesty's assessment will seem to be a dry recital of statistics which may "pillory" India simply because of its larger population. Mercifully, Amnesty nowadays at least notes that the terrorists also indulge in human rights violations and that India has to cope with several insurgencies "fomented" by a country where the military does not always seem to be under the control of the elected government. True, there is much that is wrong in India's prison system and with the way the terrorist challenge is sometimes met, but the stress should be on activating the self-correcting mechanism within a democracy and not merely on painting a grim, even biased, picture.

Q. Which of the following is true, according to the passage?

Rules A: The State shall not discriminate, either directly or indirectly, on the grounds of sex, race, religion, caste, creed, sexual orientation, marital status, disability, pregnancy, place of birth, gender orientation or any other status.

Rules B: Direct discrimination occurs when for a reason related to one or more prohibited grounds a person or group of persons is treated less favourably than another person or another group of persons in a comparable situation.

Rules C: Indirect discrimination occurs when a provision, criterion or practice which is neutral on the fact of it would have the effect of putting persons having a status or a characteristic associate with one or more prohibited grounds at a particular disadvantage compared with other persons.

Rules D: Discrimination shall be justified when such discrimination is absolutely necessary in order to promote the well-being of disadvantaged groups, such as women, dalits, religions minorities, sexual minorities or disabled persons.

Facts: On 2nd October 2010, the Governor of the state of Bihar ordered the release of all women prisoners who were serving sentence of less than one year imprisonment to mark the occasion of Mahatma Gandhi’s birthday.

Q.
Assume that the Governor also made a second order requiring the release of all persons under the age of 25 and over the age of 65 who were serving a sentence of less than one year’s imprisonment. Under the Rules, this order is:

Common intention implies a pre-arranged plan and acting in concert pursuant to the plan. Common intention comes into being prior to the commission of the act, which need not be a long gap. To bring common intention into effect a pre-concert is not necessarily be proved, but it may well develop on the spot as between a number of persons and could be inferred from facts and circumstances of each case. For example A and B caught hold of C where only B stabbed C with a knife but A is also liable for murder as there was a pre concerted action. In the case Pandurang v. State of Hyderabad, Supreme court emphasized on this point that prior concert need not be something always very much prior to the incident, but could well be something that may develop on the spot, on the spur of the moment.
Common Intention and Similar Intention
Common intention does not mean similar intention of several persons. To constitute common intention it is necessary that the intention of each one of them be known to the rest of them and shared by them. In the case of Dukhmochan Pandey v. State of Bihar, the Supreme Court, held that: “Common intention which developed at the spur of the moment is different from the similar intention actuated a number of person at the same time….the distinction between a common intention and similar intention may be fine, but is nonetheless a real one and if overlooked, may lead to miscarriage of justice….” The mere presence of accused together is not sufficient to hold that they shared the common intention to commit the offence in question. It is necessary that the intention of each one of ‘several persons’ be known to each other for constituting common intention.

The internet has become an integral part of today’s generation of people; from communicating through instant messages and emails to banking, travelling, studying and shopping, internet has touched every aspect of life. With the growing use of the internet by people, protecting important information has become a necessity.  A computer that is not having appropriate security controls can be infected with malicious logic and thus any type of information can be accessed in moments. Number of infected Web Pages and malicious websites can be seen every day that infects the computer and allow hackers to gain illegal access to other computer systems.

Hacking of important data, network outages, computer viruses and other cyber related threats affect our lives that range from minor inconvenience to serious incidents. Cyber threats can be caused due to negligence and vulnerabilities, or unintentional accidents. The main objectives of such type of system attackers or hackers are to steal confidential information, to make illegal monetary transactions, to destroy or to change data and the like. System attackers can be terrorists, crackers or recreational hackers. They have a variety of tools that can harm or infect the computer; usually they use malicious logic or virus to gain unauthorized access to a computer. Opening email attachments that carry the virus, clicking malicious links or websites or unintentionally downloading a dangerous program are common ways through which a computer can be infected and data can be stolen.

As the number of data networks, digital applications, as well as internet and mobile users are growing, so do the chances of cyber exploitation and cyber crimes. Even a small mistake in securing data or bad social networking can prove to be extremely dangerous. If accounts are not properly secured, it makes easier for hackers or unauthorized users to spread viruses or social engineered attacks that are designed to steal data and even money. Such types of issues highlight the need for cyber security as an essential approach in protecting and preventing data from being used inappropriately.

In simple language, Cyber Security or Information technology security means protecting data, networks, programs and other information from unauthorized or unintended access, destruction or change. It encompasses all the mechanisms and processes that protect digital equipment, information and records from illegal or unintended access, manipulation or destruction.

In today’s dynamic environment, cyber security has become vital for individuals and families, as well as organizations (such as military, government, business houses, educational and financial institutions, corporations and others) that collect and store a wide range of confidential data on computers and transmit that to other computers across different networks. For families, protection of children and family members from cyber crime has become substantially important. For an individual, protecting information that could impact social life as well as personal finance is essential. The internet has provided a wide array of learning opportunities, but there are risks too. Photos, videos and other personal information shared by an individual on social networking sites such as Facebook, Twitter can be inappropriately used by others may lead to serious and even life-threatening incidents. Social networking sites have become the most popular medium for sharing information and connecting with other people. But these sites have created varied opportunities for cybercrimes, compromised personal identities and information leakage. Therefore, it is important for individuals to understand how to protect against cyber threats, and must also comprehend the difference between virtual and real world. One should learn how to protect computers and personal information from being hacked and should engage in appropriate online behaviour in order to eliminate changes of cyber threats and thereby creating a safer online environment.

Question: According to the author, what does cyber security mean?