All India CLAT Group
Directions: Read the following passage and answer the question.In the year of the COVID-19 pandemic, it should surprise no one that the National Green Tribunal has prohibited the sale and use of firecrackers during Deepavali in the National Capital Region of Delhi and in urban centres that recorded poor or worse air quality in November last year. The directions expand on Supreme Court orders issued in the past, and provide some concessions to cities and towns that have moderate or better air quality, by allowing "green crackers" and specified hours for bursting. These stipulations are to extend to Christmas and New Year if the ban continues beyond November. The N.G.T. took note that Odisha, Rajasthan, Sikkim, Chandigarh, the Delhi Pollution Control Committee and the Calcutta High Court had already responded to deteriorating environmental conditions by banning firecrackers this year.The tribunal's reasoning giving primacy to the precautionary principle in sustainable development over employment and revenue losses is understandable. As the impact of COVID-19 became clear in March, and there were fears of a case surge during the winter, it was incumbent on the Centre to work with States and resolutely prevent the burning of farm stubble ahead of Deepavali. This annual phenomenon unfailingly fouls the air across northern and eastern India, and imposes heavy health and productivity costs. In the absence of pollution from agricultural residue, there might have been some room for a limited quantity of firecrackers, although climatic conditions at this time of year, of low temperature and atmospheric circulation, would still leave many in distress. Only damage control is possible now, including steps to address the concerns of the fireworks' industry.Q. "This annual phenomenon unfailingly fouls the air across northern and eastern India, and imposes heavy health and productivity costs"- Which annual phenomenon is the author discussing here?... more
Directions: Read the following passage and answer the question.
In the year of the COVID-19 pandemic, it should surprise no one that the National Green Tribunal has prohibited the sale and use of firecrackers during Deepavali in the National Capital Region of Delhi and in urban centres that recorded poor or worse air quality in November last year. The directions expand on Supreme Court orders issued in the past, and provide some concessions to cities and towns that have moderate or better air quality, by allowing "green crackers" and specified hours for bursting. These stipulations are to extend to Christmas and New Year if the ban continues beyond November. The N.G.T. took note that Odisha, Rajasthan, Sikkim, Chandigarh, the Delhi Pollution Control Committee and the Calcutta High Court had already responded to deteriorating environmental conditions by banning firecrackers this year.
The tribunal's reasoning giving primacy to the precautionary principle in sustainable development over employment and revenue losses is understandable. As the impact of COVID-19 became clear in March, and there were fears of a case surge during the winter, it was incumbent on the Centre to work with States and resolutely prevent the burning of farm stubble ahead of Deepavali. This annual phenomenon unfailingly fouls the air across northern and eastern India, and imposes heavy health and productivity costs. In the absence of pollution from agricultural residue, there might have been some room for a limited quantity of firecrackers, although climatic conditions at this time of year, of low temperature and atmospheric circulation, would still leave many in distress. Only damage control is possible now, including steps to address the concerns of the fireworks' industry.
Q. "This annual phenomenon unfailingly fouls the air across northern and eastern India, and imposes heavy health and productivity costs"- Which annual phenomenon is the author discussing here?
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S.S Career Academy answered |
As it is mentioned in the passage,
It was incumbent on the Centre to work with States and resolutely prevent the burning of farm stubble ahead of Deepavali. This annual phenomenon unfailingly fouls the air across northern and eastern India, and imposes heavy health and productivity costs.
Hence, 'Burning of farm stubble' is the correct answer.
Directions: Read the following passage and answer the question.In the year of the COVID-19 pandemic, it should surprise no one that the National Green Tribunal has prohibited the sale and use of firecrackers during Deepavali in the National Capital Region of Delhi and in urban centres that recorded poor or worse air quality in November last year. The directions expand on Supreme Court orders issued in the past, and provide some concessions to cities and towns that have moderate or better air quality, by allowing "green crackers" and specified hours for bursting. These stipulations are to extend to Christmas and New Year if the ban continues beyond November. The N.G.T. took note that Odisha, Rajasthan, Sikkim, Chandigarh, the Delhi Pollution Control Committee and the Calcutta High Court had already responded to deteriorating environmental conditions by banning firecrackers this year.The tribunal's reasoning giving primacy to the precautionary principle in sustainable development over employment and revenue losses is understandable. As the impact of COVID-19 became clear in March, and there were fears of a case surge during the winter, it was incumbent on the Centre to work with States and resolutely prevent the burning of farm stubble ahead of Deepavali. This annual phenomenon unfailingly fouls the air across northern and eastern India, and imposes heavy health and productivity costs. In the absence of pollution from agricultural residue, there might have been some room for a limited quantity of firecrackers, although climatic conditions at this time of year, of low temperature and atmospheric circulation, would still leave many in distress. Only damage control is possible now, including steps to address the concerns of the fireworks' industry.Q. Which of the following statements is against the passage?... more
Directions: Read the following passage and answer the question.
In the year of the COVID-19 pandemic, it should surprise no one that the National Green Tribunal has prohibited the sale and use of firecrackers during Deepavali in the National Capital Region of Delhi and in urban centres that recorded poor or worse air quality in November last year. The directions expand on Supreme Court orders issued in the past, and provide some concessions to cities and towns that have moderate or better air quality, by allowing "green crackers" and specified hours for bursting. These stipulations are to extend to Christmas and New Year if the ban continues beyond November. The N.G.T. took note that Odisha, Rajasthan, Sikkim, Chandigarh, the Delhi Pollution Control Committee and the Calcutta High Court had already responded to deteriorating environmental conditions by banning firecrackers this year.
The tribunal's reasoning giving primacy to the precautionary principle in sustainable development over employment and revenue losses is understandable. As the impact of COVID-19 became clear in March, and there were fears of a case surge during the winter, it was incumbent on the Centre to work with States and resolutely prevent the burning of farm stubble ahead of Deepavali. This annual phenomenon unfailingly fouls the air across northern and eastern India, and imposes heavy health and productivity costs. In the absence of pollution from agricultural residue, there might have been some room for a limited quantity of firecrackers, although climatic conditions at this time of year, of low temperature and atmospheric circulation, would still leave many in distress. Only damage control is possible now, including steps to address the concerns of the fireworks' industry.
Q. Which of the following statements is against the passage?
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S.S Career Academy answered |
As mentioned in the second paragraph of the passage,
'Supreme Court orders issued in the past, and provide some concessions to cities and towns that have moderate or better air quality, by allowing "green crackers" and specified hours for bursting. These stipulations are to extend to Christmas and New Year if the ban continues beyond November. The NGT took note that Odisha, Rajasthan, Sikkim, Chandigarh, the Delhi Pollution Control Committee and the Calcutta High Court had already responded to deteriorating environmental conditions by banning firecrackers this year.'
Hence, 'The ban might cover all states of India if the ban continues after November also.' is the correct answer.
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Shekhar Dwivedi
asked a question
|
Our Housing Society comprises (a) / six blocks and (b)/ thirty three flats in an (c) / area of about thousand sq. meters. (d) / No error (e)- a)Our Housing Society comprises
- b)six blocks and
- c)thirty three flats in an
- d)area of about thousand sq. meters.
- e)No error
Correct answer is option 'D'. Can you explain this answer?
Our Housing Society comprises (a) / six blocks and (b)/ thirty three flats in an (c) / area of about thousand sq. meters. (d) / No error (e)
a)
Our Housing Society comprises
b)
six blocks and
c)
thirty three flats in an
d)
area of about thousand sq. meters.
e)
No error
Directions: Read the following passage and answer the question.In the year of the COVID-19 pandemic, it should surprise no one that the National Green Tribunal has prohibited the sale and use of firecrackers during Deepavali in the National Capital Region of Delhi and in urban centres that recorded poor or worse air quality in November last year. The directions expand on Supreme Court orders issued in the past, and provide some concessions to cities and towns that have moderate or better air quality, by allowing "green crackers" and specified hours for bursting. These stipulations are to extend to Christmas and New Year if the ban continues beyond November. The N.G.T. took note that Odisha, Rajasthan, Sikkim, Chandigarh, the Delhi Pollution Control Committee and the Calcutta High Court had already responded to deteriorating environmental conditions by banning firecrackers this year.The tribunal's reasoning giving primacy to the precautionary principle in sustainable development over employment and revenue losses is understandable. As the impact of COVID-19 became clear in March, and there were fears of a case surge during the winter, it was incumbent on the Centre to work with States and resolutely prevent the burning of farm stubble ahead of Deepavali. This annual phenomenon unfailingly fouls the air across northern and eastern India, and imposes heavy health and productivity costs. In the absence of pollution from agricultural residue, there might have been some room for a limited quantity of firecrackers, although climatic conditions at this time of year, of low temperature and atmospheric circulation, would still leave many in distress. Only damage control is possible now, including steps to address the concerns of the fireworks' industry.Q. On the basis of which data, the NGT has prohibited the sale and use of firecrackers during Deepavali in the National Capital Region of Delhi and in urban centres this year?... more
Directions: Read the following passage and answer the question.
In the year of the COVID-19 pandemic, it should surprise no one that the National Green Tribunal has prohibited the sale and use of firecrackers during Deepavali in the National Capital Region of Delhi and in urban centres that recorded poor or worse air quality in November last year. The directions expand on Supreme Court orders issued in the past, and provide some concessions to cities and towns that have moderate or better air quality, by allowing "green crackers" and specified hours for bursting. These stipulations are to extend to Christmas and New Year if the ban continues beyond November. The N.G.T. took note that Odisha, Rajasthan, Sikkim, Chandigarh, the Delhi Pollution Control Committee and the Calcutta High Court had already responded to deteriorating environmental conditions by banning firecrackers this year.
The tribunal's reasoning giving primacy to the precautionary principle in sustainable development over employment and revenue losses is understandable. As the impact of COVID-19 became clear in March, and there were fears of a case surge during the winter, it was incumbent on the Centre to work with States and resolutely prevent the burning of farm stubble ahead of Deepavali. This annual phenomenon unfailingly fouls the air across northern and eastern India, and imposes heavy health and productivity costs. In the absence of pollution from agricultural residue, there might have been some room for a limited quantity of firecrackers, although climatic conditions at this time of year, of low temperature and atmospheric circulation, would still leave many in distress. Only damage control is possible now, including steps to address the concerns of the fireworks' industry.
Q. On the basis of which data, the NGT has prohibited the sale and use of firecrackers during Deepavali in the National Capital Region of Delhi and in urban centres this year?
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Notes Wala answered |
As it is mentioned in the first paragraph of the passage,
In the year of the COVID-19 pandemic, it should surprise no one that the National Green Tribunal has prohibited the sale and use of firecrackers during Deepavali in the National Capital Region of Delhi and in urban centres that recorded poor or worse air quality in November last year.
Hence, by concluding we can say that,
Hence, 'On the basis of the data of air pollution of the year 2019 is the correct answer.
Directions: Read the following passage and answer the question.In the year of the COVID-19 pandemic, it should surprise no one that the National Green Tribunal has prohibited the sale and use of firecrackers during Deepavali in the National Capital Region of Delhi and in urban centres that recorded poor or worse air quality in November last year. The directions expand on Supreme Court orders issued in the past, and provide some concessions to cities and towns that have moderate or better air quality, by allowing "green crackers" and specified hours for bursting. These stipulations are to extend to Christmas and New Year if the ban continues beyond November. The N.G.T. took note that Odisha, Rajasthan, Sikkim, Chandigarh, the Delhi Pollution Control Committee and the Calcutta High Court had already responded to deteriorating environmental conditions by banning firecrackers this year.The tribunal's reasoning giving primacy to the precautionary principle in sustainable development over employment and revenue losses is understandable. As the impact of COVID-19 became clear in March, and there were fears of a case surge during the winter, it was incumbent on the Centre to work with States and resolutely prevent the burning of farm stubble ahead of Deepavali. This annual phenomenon unfailingly fouls the air across northern and eastern India, and imposes heavy health and productivity costs. In the absence of pollution from agricultural residue, there might have been some room for a limited quantity of firecrackers, although climatic conditions at this time of year, of low temperature and atmospheric circulation, would still leave many in distress. Only damage control is possible now, including steps to address the concerns of the fireworks' industry.Q. What can be inferred from the lines- "The tribunal's reasoning giving primacy to the precautionary principle in sustainable development over employment and revenue losses is understandable" from the passage?... more
Directions: Read the following passage and answer the question.
In the year of the COVID-19 pandemic, it should surprise no one that the National Green Tribunal has prohibited the sale and use of firecrackers during Deepavali in the National Capital Region of Delhi and in urban centres that recorded poor or worse air quality in November last year. The directions expand on Supreme Court orders issued in the past, and provide some concessions to cities and towns that have moderate or better air quality, by allowing "green crackers" and specified hours for bursting. These stipulations are to extend to Christmas and New Year if the ban continues beyond November. The N.G.T. took note that Odisha, Rajasthan, Sikkim, Chandigarh, the Delhi Pollution Control Committee and the Calcutta High Court had already responded to deteriorating environmental conditions by banning firecrackers this year.
The tribunal's reasoning giving primacy to the precautionary principle in sustainable development over employment and revenue losses is understandable. As the impact of COVID-19 became clear in March, and there were fears of a case surge during the winter, it was incumbent on the Centre to work with States and resolutely prevent the burning of farm stubble ahead of Deepavali. This annual phenomenon unfailingly fouls the air across northern and eastern India, and imposes heavy health and productivity costs. In the absence of pollution from agricultural residue, there might have been some room for a limited quantity of firecrackers, although climatic conditions at this time of year, of low temperature and atmospheric circulation, would still leave many in distress. Only damage control is possible now, including steps to address the concerns of the fireworks' industry.
Q. What can be inferred from the lines- "The tribunal's reasoning giving primacy to the precautionary principle in sustainable development over employment and revenue losses is understandable" from the passage?
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Notes Wala answered |
As is mentioned in the passage that the tribunal's reasoning giving primacy to the precautionary principle in sustainable development over employment and revenue losses is understandable.
Hence, 'NGT wants to give importance to the precautionary principle over employment and revenue losses.' is the correct answer.
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Mahakpratap Mogha
asked a question
|
It is a truism that effective advertising must be built on an understanding of the consumer. Yet sometimes perceptions and assumptions about people and about countries prevent marketers from responding to the opportunities inherent in social change. There are two subjects about which everyone in the marketing and advertising communities has strong opinions and preconceptions. One of them is women. The other is international marketing.It isn’t too many years ago that markets in the United States were clearly separated by gender. The assumption was that the target for all the expensive, big-ticket products and services, such as cars, travel and financing services were men. On the other hand, women were sold food, household, fashion goods and cosmetics. It is remarkable to recall that at that time, working women were invisible in the marketing and advertising plans.Most advertisers thought of women consumers as housewives. The usual target definition was “any housewife, 18 to 49”. Occasionally, they would recognize young, single women, who in those days described girls as natural targets for cosmetic and fashion targets. These two perceptions of women dominated marketing approaches to women in those days.The surge of women entering the workforce has revolutionized the way we define the consumer market place. We find that men are crossing over into the supermarkets and shopping for food and household products that used to be the exclusive responsibility of the housewives.We find women crossing over into big-ticket product categories. They have become good customers for financial services, travel and cars. We find that not all working women are young, single girls, and not all housewives are married.In short, our perception of the total consumer marketplace has turned upside down as a result of this one single demographic fact. The concept of effective advertising and marketing must be built on an understanding of the consumer, particularly relevant to the international market-place.Q. Which of the following falls in the big-ticket product categories?... more
It is a truism that effective advertising must be built on an understanding of the consumer. Yet sometimes perceptions and assumptions about people and about countries prevent marketers from responding to the opportunities inherent in social change. There are two subjects about which everyone in the marketing and advertising communities has strong opinions and preconceptions. One of them is women. The other is international marketing.
It isn’t too many years ago that markets in the United States were clearly separated by gender. The assumption was that the target for all the expensive, big-ticket products and services, such as cars, travel and financing services were men. On the other hand, women were sold food, household, fashion goods and cosmetics. It is remarkable to recall that at that time, working women were invisible in the marketing and advertising plans.
Most advertisers thought of women consumers as housewives. The usual target definition was “any housewife, 18 to 49”. Occasionally, they would recognize young, single women, who in those days described girls as natural targets for cosmetic and fashion targets. These two perceptions of women dominated marketing approaches to women in those days.
The surge of women entering the workforce has revolutionized the way we define the consumer market place. We find that men are crossing over into the supermarkets and shopping for food and household products that used to be the exclusive responsibility of the housewives.
We find women crossing over into big-ticket product categories. They have become good customers for financial services, travel and cars. We find that not all working women are young, single girls, and not all housewives are married.
In short, our perception of the total consumer marketplace has turned upside down as a result of this one single demographic fact. The concept of effective advertising and marketing must be built on an understanding of the consumer, particularly relevant to the international market-place.
Q.
Which of the following falls in the big-ticket product categories?
Directions: Read the following passage and answer the question.In the year of the COVID-19 pandemic, it should surprise no one that the National Green Tribunal has prohibited the sale and use of firecrackers during Deepavali in the National Capital Region of Delhi and in urban centres that recorded poor or worse air quality in November last year. The directions expand on Supreme Court orders issued in the past, and provide some concessions to cities and towns that have moderate or better air quality, by allowing "green crackers" and specified hours for bursting. These stipulations are to extend to Christmas and New Year if the ban continues beyond November. The N.G.T. took note that Odisha, Rajasthan, Sikkim, Chandigarh, the Delhi Pollution Control Committee and the Calcutta High Court had already responded to deteriorating environmental conditions by banning firecrackers this year.The tribunal's reasoning giving primacy to the precautionary principle in sustainable development over employment and revenue losses is understandable. As the impact of COVID-19 became clear in March, and there were fears of a case surge during the winter, it was incumbent on the Centre to work with States and resolutely prevent the burning of farm stubble ahead of Deepavali. This annual phenomenon unfailingly fouls the air across northern and eastern India, and imposes heavy health and productivity costs. In the absence of pollution from agricultural residue, there might have been some room for a limited quantity of firecrackers, although climatic conditions at this time of year, of low temperature and atmospheric circulation, would still leave many in distress. Only damage control is possible now, including steps to address the concerns of the fireworks' industry.Q. Which of the following is true as per the passage above?... more
Directions: Read the following passage and answer the question.
In the year of the COVID-19 pandemic, it should surprise no one that the National Green Tribunal has prohibited the sale and use of firecrackers during Deepavali in the National Capital Region of Delhi and in urban centres that recorded poor or worse air quality in November last year. The directions expand on Supreme Court orders issued in the past, and provide some concessions to cities and towns that have moderate or better air quality, by allowing "green crackers" and specified hours for bursting. These stipulations are to extend to Christmas and New Year if the ban continues beyond November. The N.G.T. took note that Odisha, Rajasthan, Sikkim, Chandigarh, the Delhi Pollution Control Committee and the Calcutta High Court had already responded to deteriorating environmental conditions by banning firecrackers this year.
The tribunal's reasoning giving primacy to the precautionary principle in sustainable development over employment and revenue losses is understandable. As the impact of COVID-19 became clear in March, and there were fears of a case surge during the winter, it was incumbent on the Centre to work with States and resolutely prevent the burning of farm stubble ahead of Deepavali. This annual phenomenon unfailingly fouls the air across northern and eastern India, and imposes heavy health and productivity costs. In the absence of pollution from agricultural residue, there might have been some room for a limited quantity of firecrackers, although climatic conditions at this time of year, of low temperature and atmospheric circulation, would still leave many in distress. Only damage control is possible now, including steps to address the concerns of the fireworks' industry.
Q. Which of the following is true as per the passage above?
|
Future Foundation Institute answered |
As mentioned in the passage,
It was incumbent on the Centre to work with States and resolutely prevent the burning of farm stubble ahead of Deepavali.
Hence, 'The Centre should have worked with States and resolutely prevented the burning of farm stubble ahead of Deepavali.' is the correct answer.
Directions: Read the following passage and answer the question.At the end of March 2020 2020 , a poll found that in societies locked down to combat Covid-1919, almost 40@% of young men said they felt the absence of live sport more keenly than any other deprivation, including going outside. Those pining for some action received their first proper fix for two months on Saturday, as the German equivalent of the Premier League reopened behind closed doors. The Bundesliga is the first major football league to try to resume the interrupted season. In France, it was decided to curtail championships and award trophies on the basis of matches already played. In the Netherlands, the season was simply voided. The unfortunate players and supporters of SCSC Cambuur, who were 11 points clear at the top of the second division, are understandably miffed.The English Premier League is fretfully keeping its fingers crossed, hoping that Germany's experiment in "biosecure" football works. The richest football league in the world hopes to relaunch its own competition sometime in June. Whether that is desirable or feasible has been the subject of fierce debate. If Project Restart is given the go-ahead this week, players are expected to begin non-contact training together, but the planning process has been fraught with difficulty. Some players have voiced deep reservations over safety. Protocols have yet to be finalised for a second phase, when full training will recommence. There is also concern that, after a long and unusual layoff, players have no hope of reaching proper match fitness before June. A glut of summer injuries might therefore accompany the 92 fixtures scheduled for empty stadiums, during a hectic seven-week period. The foreign secretary, Dominic Raab, has suggested that the completion of the Premier League season would "lift the spirits of the nation".Q. As per the author, the 92 92 matches are being planned to be played in how many days?... more
Directions: Read the following passage and answer the question.
At the end of March 2020 2020 , a poll found that in societies locked down to combat Covid-1919, almost 40@% of young men said they felt the absence of live sport more keenly than any other deprivation, including going outside. Those pining for some action received their first proper fix for two months on Saturday, as the German equivalent of the Premier League reopened behind closed doors. The Bundesliga is the first major football league to try to resume the interrupted season. In France, it was decided to curtail championships and award trophies on the basis of matches already played. In the Netherlands, the season was simply voided. The unfortunate players and supporters of SCSC Cambuur, who were 11 points clear at the top of the second division, are understandably miffed.
The English Premier League is fretfully keeping its fingers crossed, hoping that Germany's experiment in "biosecure" football works. The richest football league in the world hopes to relaunch its own competition sometime in June. Whether that is desirable or feasible has been the subject of fierce debate. If Project Restart is given the go-ahead this week, players are expected to begin non-contact training together, but the planning process has been fraught with difficulty. Some players have voiced deep reservations over safety. Protocols have yet to be finalised for a second phase, when full training will recommence. There is also concern that, after a long and unusual layoff, players have no hope of reaching proper match fitness before June. A glut of summer injuries might therefore accompany the 92 fixtures scheduled for empty stadiums, during a hectic seven-week period. The foreign secretary, Dominic Raab, has suggested that the completion of the Premier League season would "lift the spirits of the nation".
Q. As per the author, the 92 92 matches are being planned to be played in how many days?
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Future Foundation Institute answered |
As mentioned in the passage,
'A glut of summer injuries might therefore accompany the 92 fixtures scheduled for empty stadiums, during a hectic seven-week period.'
Hence,'Approximately 28 days' is the correct answer.
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Meeran Devi
asked a question
|
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 if you try to be sensitive, if your mind is sluggish, you just don’t feel anything intensely. You may even see a tragedy enacted in front of your eyes and not 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 just don’t have the capacity.
Inertia makes your body and mind sluggish. They become insensitive to tragedies, exploitation, and persecution because it freezes your energy and decapacitates it. When you have inertia you don’t act although you see one person exploiting another or one group persecuting another. You don’t get angry because you are incapable. Inertia is of two types - physical and mental. Physical inertia restricts bodily movements. Mental inertia prevents response to events enacted in front of your eyes. Physical inertia stops your body from moving; mental inertia freezes your energy and stops your mind from responding meaningfully to events, even tragedies, in front of you. ... more
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 if you try to be sensitive, if your mind is sluggish, you just don’t feel anything intensely. You may even see a tragedy enacted in front of your eyes and not 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 just don’t have the capacity.
Inertia makes your body and mind sluggish. They become insensitive to tragedies, exploitation, and persecution because it freezes your energy and decapacitates it.
When you have inertia you don’t act although you see one person exploiting another or one group persecuting another. You don’t get angry because you are incapable.
Inertia is of two types - physical and mental. Physical inertia restricts bodily movements. Mental inertia prevents response to events enacted in front of your eyes.
Physical inertia stops your body from moving; mental inertia freezes your energy and stops your mind from responding meaningfully to events, even tragedies, in front of you.
Directions: Read the following passage and answer the question.At the end of March 2020 2020 , a poll found that in societies locked down to combat Covid-1919, almost 40@% of young men said they felt the absence of live sport more keenly than any other deprivation, including going outside. Those pining for some action received their first proper fix for two months on Saturday, as the German equivalent of the Premier League reopened behind closed doors. The Bundesliga is the first major football league to try to resume the interrupted season. In France, it was decided to curtail championships and award trophies on the basis of matches already played. In the Netherlands, the season was simply voided. The unfortunate players and supporters of SCSC Cambuur, who were 11 points clear at the top of the second division, are understandably miffed.The English Premier League is fretfully keeping its fingers crossed, hoping that Germany's experiment in "biosecure" football works. The richest football league in the world hopes to relaunch its own competition sometime in June. Whether that is desirable or feasible has been the subject of fierce debate. If Project Restart is given the go-ahead this week, players are expected to begin non-contact training together, but the planning process has been fraught with difficulty. Some players have voiced deep reservations over safety. Protocols have yet to be finalised for a second phase, when full training will recommence. There is also concern that, after a long and unusual layoff, players have no hope of reaching proper match fitness before June. A glut of summer injuries might therefore accompany the 92 fixtures scheduled for empty stadiums, during a hectic seven-week period. The foreign secretary, Dominic Raab, has suggested that the completion of the Premier League season would "lift the spirits of the nation".Q. "If Project Restart is given the go-ahead this week, players are expected to begin non-contact training together". Which of the following statements serves as a plausible explanation for the same?... more
Directions: Read the following passage and answer the question.
At the end of March 2020 2020 , a poll found that in societies locked down to combat Covid-1919, almost 40@% of young men said they felt the absence of live sport more keenly than any other deprivation, including going outside. Those pining for some action received their first proper fix for two months on Saturday, as the German equivalent of the Premier League reopened behind closed doors. The Bundesliga is the first major football league to try to resume the interrupted season. In France, it was decided to curtail championships and award trophies on the basis of matches already played. In the Netherlands, the season was simply voided. The unfortunate players and supporters of SCSC Cambuur, who were 11 points clear at the top of the second division, are understandably miffed.
The English Premier League is fretfully keeping its fingers crossed, hoping that Germany's experiment in "biosecure" football works. The richest football league in the world hopes to relaunch its own competition sometime in June. Whether that is desirable or feasible has been the subject of fierce debate. If Project Restart is given the go-ahead this week, players are expected to begin non-contact training together, but the planning process has been fraught with difficulty. Some players have voiced deep reservations over safety. Protocols have yet to be finalised for a second phase, when full training will recommence. There is also concern that, after a long and unusual layoff, players have no hope of reaching proper match fitness before June. A glut of summer injuries might therefore accompany the 92 fixtures scheduled for empty stadiums, during a hectic seven-week period. The foreign secretary, Dominic Raab, has suggested that the completion of the Premier League season would "lift the spirits of the nation".
Q. "If Project Restart is given the go-ahead this week, players are expected to begin non-contact training together". Which of the following statements serves as a plausible explanation for the same?
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Aspire Academy answered |
According to the given passage,
'If Project Restart is given the go-ahead this week, players are expected to begin non-contact training together, but the planning process has been fraught with difficulty. Some players have voiced deep reservations over safety. Protocols have yet to be finalised for a second phase, when full training will recommence.'
Hence, "The players would be happy to restart the matches after a long gap during the pandemic." is the correct answer.
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Ashna Abbobaker
asked a question
|
Passage: In 2017, a group called Human Rights Network, decided to collect and collate a set of state laws which imposed a blanket ban on cow slaughter. These laws, they believed, violated the fundamental right to trade under Article 19(1)(g). In addition to that, they argued that such laws were often a potent tool to justify mob–lynching of butchers, or people who consumed beef as a part of their diet. Another group called Cow Savers decided to argue that the laws were formulated in line with the directive state policy, specifically Article 48, and thus could not be challenged before any Court as violative of fundamental rights. The Cow Savers further asked the Court to enforce Article 48 across states where no ban on cow slaughter existed. HRN argued that DPSPs are not justiciable.
The HRN cited the case of Irreligious Society v. State of Kerala. Here, there was a clash between a policy enforcing the DPSP of enforcing the Uniform Civil Code and the fundamental right to religion. The Court attempted to read the two together, and wherever there was no compatibility, the right to religion prevailed.
After the Supreme Court admitted the petition filed by HRN, Cow Savers intervened in the matter.
While the case was going on, the government of Gau Land decided to start picking up butchers from their shops under the suspicion that they were slaughtering cows late in the night. There was a protest organized by HRN against this action of the government, during which some activists were also picked up. HRN tried extremely hard to locate the activists and the butchers, but to no avail. They decided that they would approach the court regarding this as well.
Their legal advisors laid down the following writs before them–
Habeas Corpus is „To have the body of.‟; Mandamus means „We command‟ and is used by the court to order the public official who has failed to perform his duty or refused to do his duty. The literal meaning of the writ of “Certiorari‟ is “To be certified‟ or „To be informed.” This writ is against issued by a court higher in authority to a lower court. The literal meaning of the writ of „Quo– Warranto‟ is „By what authority or warrant,‟ which question one‟s appointment to a public office.
Article 19(1)(g) grants the right to practice any profession or to carry on any occupation, trade or business to all citizens of India.
Article 48 reads that the State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle.
Article 21 provides that no person shall be deprived of his life or personal liberty except according to procedure established by law. This has been interpreted expansively to ensure a right to a wholesome life and not just guarantee bare existence.Q. Mr. Y, a chef, decides to explore recipes of beef delicacies across India and cook and consume them in the privacy of his house. However, he notices that due to the cow slaughter ban, beef is not available at all. He believes that this is a violation of his right to consume any food in the privacy of his home.
Notwithstanding any decisions on the legality of cow slaughter and cow beef, his challenge as the violation of Right to Privacy will–... more
Passage: In 2017, a group called Human Rights Network, decided to collect and collate a set of state laws which imposed a blanket ban on cow slaughter. These laws, they believed, violated the fundamental right to trade under Article 19(1)(g). In addition to that, they argued that such laws were often a potent tool to justify mob–lynching of butchers, or people who consumed beef as a part of their diet. Another group called Cow Savers decided to argue that the laws were formulated in line with the directive state policy, specifically Article 48, and thus could not be challenged before any Court as violative of fundamental rights. The Cow Savers further asked the Court to enforce Article 48 across states where no ban on cow slaughter existed. HRN argued that DPSPs are not justiciable.
The HRN cited the case of Irreligious Society v. State of Kerala. Here, there was a clash between a policy enforcing the DPSP of enforcing the Uniform Civil Code and the fundamental right to religion. The Court attempted to read the two together, and wherever there was no compatibility, the right to religion prevailed.
After the Supreme Court admitted the petition filed by HRN, Cow Savers intervened in the matter.
While the case was going on, the government of Gau Land decided to start picking up butchers from their shops under the suspicion that they were slaughtering cows late in the night. There was a protest organized by HRN against this action of the government, during which some activists were also picked up. HRN tried extremely hard to locate the activists and the butchers, but to no avail. They decided that they would approach the court regarding this as well.
Their legal advisors laid down the following writs before them–
Habeas Corpus is „To have the body of.‟; Mandamus means „We command‟ and is used by the court to order the public official who has failed to perform his duty or refused to do his duty. The literal meaning of the writ of “Certiorari‟ is “To be certified‟ or „To be informed.” This writ is against issued by a court higher in authority to a lower court. The literal meaning of the writ of „Quo– Warranto‟ is „By what authority or warrant,‟ which question one‟s appointment to a public office.
Article 19(1)(g) grants the right to practice any profession or to carry on any occupation, trade or business to all citizens of India.
Article 48 reads that the State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle.
Article 21 provides that no person shall be deprived of his life or personal liberty except according to procedure established by law. This has been interpreted expansively to ensure a right to a wholesome life and not just guarantee bare existence.
The HRN cited the case of Irreligious Society v. State of Kerala. Here, there was a clash between a policy enforcing the DPSP of enforcing the Uniform Civil Code and the fundamental right to religion. The Court attempted to read the two together, and wherever there was no compatibility, the right to religion prevailed.
After the Supreme Court admitted the petition filed by HRN, Cow Savers intervened in the matter.
While the case was going on, the government of Gau Land decided to start picking up butchers from their shops under the suspicion that they were slaughtering cows late in the night. There was a protest organized by HRN against this action of the government, during which some activists were also picked up. HRN tried extremely hard to locate the activists and the butchers, but to no avail. They decided that they would approach the court regarding this as well.
Their legal advisors laid down the following writs before them–
Habeas Corpus is „To have the body of.‟; Mandamus means „We command‟ and is used by the court to order the public official who has failed to perform his duty or refused to do his duty. The literal meaning of the writ of “Certiorari‟ is “To be certified‟ or „To be informed.” This writ is against issued by a court higher in authority to a lower court. The literal meaning of the writ of „Quo– Warranto‟ is „By what authority or warrant,‟ which question one‟s appointment to a public office.
Article 19(1)(g) grants the right to practice any profession or to carry on any occupation, trade or business to all citizens of India.
Article 48 reads that the State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle.
Article 21 provides that no person shall be deprived of his life or personal liberty except according to procedure established by law. This has been interpreted expansively to ensure a right to a wholesome life and not just guarantee bare existence.
Q. Mr. Y, a chef, decides to explore recipes of beef delicacies across India and cook and consume them in the privacy of his house. However, he notices that due to the cow slaughter ban, beef is not available at all. He believes that this is a violation of his right to consume any food in the privacy of his home.
Notwithstanding any decisions on the legality of cow slaughter and cow beef, his challenge as the violation of Right to Privacy will–
Notwithstanding any decisions on the legality of cow slaughter and cow beef, his challenge as the violation of Right to Privacy will–
Directions: Read the following passage and answer the question.At the end of March 2020 2020 , a poll found that in societies locked down to combat Covid-1919, almost 40@% of young men said they felt the absence of live sport more keenly than any other deprivation, including going outside. Those pining for some action received their first proper fix for two months on Saturday, as the German equivalent of the Premier League reopened behind closed doors. The Bundesliga is the first major football league to try to resume the interrupted season. In France, it was decided to curtail championships and award trophies on the basis of matches already played. In the Netherlands, the season was simply voided. The unfortunate players and supporters of SCSC Cambuur, who were 11 points clear at the top of the second division, are understandably miffed.The English Premier League is fretfully keeping its fingers crossed, hoping that Germany's experiment in "biosecure" football works. The richest football league in the world hopes to relaunch its own competition sometime in June. Whether that is desirable or feasible has been the subject of fierce debate. If Project Restart is given the go-ahead this week, players are expected to begin non-contact training together, but the planning process has been fraught with difficulty. Some players have voiced deep reservations over safety. Protocols have yet to be finalised for a second phase, when full training will recommence. There is also concern that, after a long and unusual layoff, players have no hope of reaching proper match fitness before June. A glut of summer injuries might therefore accompany the 92 fixtures scheduled for empty stadiums, during a hectic seven-week period. The foreign secretary, Dominic Raab, has suggested that the completion of the Premier League season would "lift the spirits of the nation".Q. As per the passage, which country decided not to start any of the Football League matches after the initial lockdown during COVID 19?... more
Directions: Read the following passage and answer the question.
At the end of March 2020 2020 , a poll found that in societies locked down to combat Covid-1919, almost 40@% of young men said they felt the absence of live sport more keenly than any other deprivation, including going outside. Those pining for some action received their first proper fix for two months on Saturday, as the German equivalent of the Premier League reopened behind closed doors. The Bundesliga is the first major football league to try to resume the interrupted season. In France, it was decided to curtail championships and award trophies on the basis of matches already played. In the Netherlands, the season was simply voided. The unfortunate players and supporters of SCSC Cambuur, who were 11 points clear at the top of the second division, are understandably miffed.
The English Premier League is fretfully keeping its fingers crossed, hoping that Germany's experiment in "biosecure" football works. The richest football league in the world hopes to relaunch its own competition sometime in June. Whether that is desirable or feasible has been the subject of fierce debate. If Project Restart is given the go-ahead this week, players are expected to begin non-contact training together, but the planning process has been fraught with difficulty. Some players have voiced deep reservations over safety. Protocols have yet to be finalised for a second phase, when full training will recommence. There is also concern that, after a long and unusual layoff, players have no hope of reaching proper match fitness before June. A glut of summer injuries might therefore accompany the 92 fixtures scheduled for empty stadiums, during a hectic seven-week period. The foreign secretary, Dominic Raab, has suggested that the completion of the Premier League season would "lift the spirits of the nation".
Q. As per the passage, which country decided not to start any of the Football League matches after the initial lockdown during COVID 19?
|
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Aspire Academy answered |
As mentioned in the passage,
'The Bundesliga is the first major football league to try to resume the interrupted season. In France, it was decided to curtail championships and award trophies on the basis of matches already played. In the Netherlands, the season was simply voided'.
Hence, "The Netherlands" is the correct answer.
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Sushmita Tanwar
asked a question
|
Statements: No fruit is a vegetable.All potatoes are vegetables.Some fruits are apples.Conclusions: Some apples are potatoes.Some potatoes being fruits is a possibility.- a)Only I follows
- b)Only II follows
- c)Both I and II follow
- d)Neither I nor II follows
Correct answer is option 'D'. Can you explain this answer?
Statements: No fruit is a vegetable.
All potatoes are vegetables.
Some fruits are apples.
Conclusions: Some apples are potatoes.
Some potatoes being fruits is a possibility.
a)
Only I follows
b)
Only II follows
c)
Both I and II follow
d)
Neither I nor II follows
Directions: Read the following passage and answer the question.At the end of March 2020 2020 , a poll found that in societies locked down to combat Covid-1919, almost 40@% of young men said they felt the absence of live sport more keenly than any other deprivation, including going outside. Those pining for some action received their first proper fix for two months on Saturday, as the German equivalent of the Premier League reopened behind closed doors. The Bundesliga is the first major football league to try to resume the interrupted season. In France, it was decided to curtail championships and award trophies on the basis of matches already played. In the Netherlands, the season was simply voided. The unfortunate players and supporters of SCSC Cambuur, who were 11 points clear at the top of the second division, are understandably miffed.The English Premier League is fretfully keeping its fingers crossed, hoping that Germany's experiment in "biosecure" football works. The richest football league in the world hopes to relaunch its own competition sometime in June. Whether that is desirable or feasible has been the subject of fierce debate. If Project Restart is given the go-ahead this week, players are expected to begin non-contact training together, but the planning process has been fraught with difficulty. Some players have voiced deep reservations over safety. Protocols have yet to be finalised for a second phase, when full training will recommence. There is also concern that, after a long and unusual layoff, players have no hope of reaching proper match fitness before June. A glut of summer injuries might therefore accompany the 92 fixtures scheduled for empty stadiums, during a hectic seven-week period. The foreign secretary, Dominic Raab, has suggested that the completion of the Premier League season would "lift the spirits of the nation".Q. Given below are the statements that can be TRUE in the context of the passage. Select the option/ options that contain(s) the correct answer.I. Dominic Raab suggested that completion of the Premier Leagues matches would lift the morale of the nation.II. SC Cambuur is the Football Club of the Netherlands.III. The English Premier League is the richest football in the entire world.IV. A poll found that in societies locked down to combat Covid-19, almost 40% of young men said they do feel the absence of live sport than any other deprivation, including going outside.... more
Directions: Read the following passage and answer the question.
At the end of March 2020 2020 , a poll found that in societies locked down to combat Covid-1919, almost 40@% of young men said they felt the absence of live sport more keenly than any other deprivation, including going outside. Those pining for some action received their first proper fix for two months on Saturday, as the German equivalent of the Premier League reopened behind closed doors. The Bundesliga is the first major football league to try to resume the interrupted season. In France, it was decided to curtail championships and award trophies on the basis of matches already played. In the Netherlands, the season was simply voided. The unfortunate players and supporters of SCSC Cambuur, who were 11 points clear at the top of the second division, are understandably miffed.
The English Premier League is fretfully keeping its fingers crossed, hoping that Germany's experiment in "biosecure" football works. The richest football league in the world hopes to relaunch its own competition sometime in June. Whether that is desirable or feasible has been the subject of fierce debate. If Project Restart is given the go-ahead this week, players are expected to begin non-contact training together, but the planning process has been fraught with difficulty. Some players have voiced deep reservations over safety. Protocols have yet to be finalised for a second phase, when full training will recommence. There is also concern that, after a long and unusual layoff, players have no hope of reaching proper match fitness before June. A glut of summer injuries might therefore accompany the 92 fixtures scheduled for empty stadiums, during a hectic seven-week period. The foreign secretary, Dominic Raab, has suggested that the completion of the Premier League season would "lift the spirits of the nation".
Q. Given below are the statements that can be TRUE in the context of the passage. Select the option/ options that contain(s) the correct answer.
I. Dominic Raab suggested that completion of the Premier Leagues matches would lift the morale of the nation.
II. SC Cambuur is the Football Club of the Netherlands.
III. The English Premier League is the richest football in the entire world.
IV. A poll found that in societies locked down to combat Covid-19, almost 40% of young men said they do feel the absence of live sport than any other deprivation, including going outside.
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Glance Learning Institute answered |
The foreign secretary, Dominic Raab, has suggested that the completion of the Premier League season would "lift the spirits of the nation".
The unfortunate players and supporters of SC Cambuur who were 1111 points clear at the top of the second division, are understandably miffed.
The English Premier League is fretfully keeping its fingers crossed, hoping that Germany's experiment in "biosecure" football works. The richest football league in the world hopes to relaunch its own competition sometime in June.A poll found that in societies locked down to combat Covid-1919 almost young men said they felt the absence of live sport more keenly than any other deprivation, including going outside.
Hence, 'I,II,III and IV' is the correct answer.
Directions: Read the following passage and answer the question.At the end of March 2020 2020 , a poll found that in societies locked down to combat Covid-1919, almost 40@% of young men said they felt the absence of live sport more keenly than any other deprivation, including going outside. Those pining for some action received their first proper fix for two months on Saturday, as the German equivalent of the Premier League reopened behind closed doors. The Bundesliga is the first major football league to try to resume the interrupted season. In France, it was decided to curtail championships and award trophies on the basis of matches already played. In the Netherlands, the season was simply voided. The unfortunate players and supporters of SCSC Cambuur, who were 11 points clear at the top of the second division, are understandably miffed.The English Premier League is fretfully keeping its fingers crossed, hoping that Germany's experiment in "biosecure" football works. The richest football league in the world hopes to relaunch its own competition sometime in June. Whether that is desirable or feasible has been the subject of fierce debate. If Project Restart is given the go-ahead this week, players are expected to begin non-contact training together, but the planning process has been fraught with difficulty. Some players have voiced deep reservations over safety. Protocols have yet to be finalised for a second phase, when full training will recommence. There is also concern that, after a long and unusual layoff, players have no hope of reaching proper match fitness before June. A glut of summer injuries might therefore accompany the 92 fixtures scheduled for empty stadiums, during a hectic seven-week period. The foreign secretary, Dominic Raab, has suggested that the completion of the Premier League season would "lift the spirits of the nation".Q. What can be inferred from the lines- "Whether that is desirable or feasible has been the subject of fierce debate"?... more
Directions: Read the following passage and answer the question.
At the end of March 2020 2020 , a poll found that in societies locked down to combat Covid-1919, almost 40@% of young men said they felt the absence of live sport more keenly than any other deprivation, including going outside. Those pining for some action received their first proper fix for two months on Saturday, as the German equivalent of the Premier League reopened behind closed doors. The Bundesliga is the first major football league to try to resume the interrupted season. In France, it was decided to curtail championships and award trophies on the basis of matches already played. In the Netherlands, the season was simply voided. The unfortunate players and supporters of SCSC Cambuur, who were 11 points clear at the top of the second division, are understandably miffed.
The English Premier League is fretfully keeping its fingers crossed, hoping that Germany's experiment in "biosecure" football works. The richest football league in the world hopes to relaunch its own competition sometime in June. Whether that is desirable or feasible has been the subject of fierce debate. If Project Restart is given the go-ahead this week, players are expected to begin non-contact training together, but the planning process has been fraught with difficulty. Some players have voiced deep reservations over safety. Protocols have yet to be finalised for a second phase, when full training will recommence. There is also concern that, after a long and unusual layoff, players have no hope of reaching proper match fitness before June. A glut of summer injuries might therefore accompany the 92 fixtures scheduled for empty stadiums, during a hectic seven-week period. The foreign secretary, Dominic Raab, has suggested that the completion of the Premier League season would "lift the spirits of the nation".
Q. What can be inferred from the lines- "Whether that is desirable or feasible has been the subject of fierce debate"?
|
|
Glance Learning Institute answered |
According to the given passage,
'The English Premier League is fretfully keeping its fingers crossed, hoping that Germany's experiment in "biosecure " football works. The richest football league in the world hopes to relaunch its own competition sometime in June.'
Hence,'As the English Premier League wishes to restart its matches during the pandemic, it is apprehensive about the safety and fitness of the players who would be training and playing together.' is the correct answer.
|
Arpit Pyasi
asked a question
|
Each of the question below consists of a question and two statements numbered I and II given below it. You have to decide whether the data provided in the statements are sufficient to answer the question. Give answer1. if the data in statement I alone are sufficient to answer the question, while the data in statement II alone are not sufficient to answer the question.2. if the data in statement II alone are sufficient to answer the question, while the data in statement I alone are not sufficient to answer the question.3. if the data either in statement I alone or in statement II alone are sufficient to answer the question.4. if the data given in both the statements I & II together are not sufficient to answer the question.5. if the data in both the statements I & II together are necessary to answer the question.Q. How is K related to Z?I. Z and P are the only sisters of DII. D’s mother is the wife of K’s father... more
Each of the question below consists of a question and two statements numbered I and II given below it. You have to decide whether the data provided in the statements are sufficient to answer the question. Give answer
1. if the data in statement I alone are sufficient to answer the question, while the data in statement II alone are not sufficient to answer the question.
2. if the data in statement II alone are sufficient to answer the question, while the data in statement I alone are not sufficient to answer the question.
3. if the data either in statement I alone or in statement II alone are sufficient to answer the question.
4. if the data given in both the statements I & II together are not sufficient to answer the question.
5. if the data in both the statements I & II together are necessary to answer the question.
Q. How is K related to Z?
I. Z and P are the only sisters of D
II. D’s mother is the wife of K’s father
Directions: Read the following passage and answer the question.Rule of law, the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a non-arbitrary form of government, and more generally prevents the arbitrary use of power. Arbitrariness is typical of various forms of despotism, absolutism, authoritarianism, and totalitarianism. Despotic governments include even highly institutionalised forms of rule in which the entity at the apex of the power structure (such as a king, a junta, or a party committee) is capable of acting without the constraint of law when it wishes to do so. Ideas about the rule of law have been central to political and legal thought since at least the 4th4th Century BCE, when Aristotle distinguished "the rule of law" from "that of any individual." In the 18th18thCentury the French political philosopher Montesquieu elaborated a doctrine of the rule of law that contrasted the legitimate authority of monarchs with the caprice of despots. It has since profoundly influenced Western liberal thought.In general, the rule of law implies that the creation of laws, their enforcement, and the relationships among legal rules are themselves legally regulated, so that no one-including the most highly placed official-is above the law. The legal constraint on rulers means that the government is subject to existing laws as much as its citizens are. Thus, a closely related notion is the idea of equality before the law, which holds that no "legal" person shall enjoy privileges that are not extended to all and that no person shall be immune from legal sanctions. In addition, the application and adjudication of legal rules by various governing officials are to be impartial and consistent across equivalent cases, made blindly without taking into consideration the class, status, or relative power among disputants. In order for those ideas to have any real purchase, moreover, there should be in place some legal apparatus for compelling officials to submit to the law.For such reasons, the rule of law is best seen not as a blueprint for institutional design but as a value, or cluster of values, that might inform such a design and that can therefore be pursued in a variety of ways. Nonetheless, several rather simple and generalised institutional insights follow from the idea that those who judge the legality of exercises of power should not be the same as those who exercise it. For instance, a typical rule-of-law state will institutionalise some means of shielding legal officials from interference, political or otherwise, that threatens their independence. Accordingly, the institutional separation of the judiciary from other branches of government is commonly thought to be an important feature of rule-of-law states. Other measures to ensure fair access to legal institutions may also be important for rule-of-law regimes. In addition, a binding written constitution is widely believed to aid the rule of law and has been adopted by most states of the world.The President of the country of Denverska supported a communal riot based on religion but did not take any part in any protest marches that vandalized the city. When Omar Sahib, a devotee of the Futu religion, gathered all the members of the Futu religion to stop the communal riot and held the President responsible for the riot, the President declared emergency in the country of Denverska on ground of national security and seized all the power to himself. Can the President be held liable in the court of law for inciting violence ?Q. Migrants from which of the following country is not included in Citizenship Act ?... more
Directions: Read the following passage and answer the question.
Rule of law, the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a non-arbitrary form of government, and more generally prevents the arbitrary use of power. Arbitrariness is typical of various forms of despotism, absolutism, authoritarianism, and totalitarianism. Despotic governments include even highly institutionalised forms of rule in which the entity at the apex of the power structure (such as a king, a junta, or a party committee) is capable of acting without the constraint of law when it wishes to do so. Ideas about the rule of law have been central to political and legal thought since at least the 4th4th Century BCE, when Aristotle distinguished "the rule of law" from "that of any individual." In the 18th18thCentury the French political philosopher Montesquieu elaborated a doctrine of the rule of law that contrasted the legitimate authority of monarchs with the caprice of despots. It has since profoundly influenced Western liberal thought.
In general, the rule of law implies that the creation of laws, their enforcement, and the relationships among legal rules are themselves legally regulated, so that no one-including the most highly placed official-is above the law. The legal constraint on rulers means that the government is subject to existing laws as much as its citizens are. Thus, a closely related notion is the idea of equality before the law, which holds that no "legal" person shall enjoy privileges that are not extended to all and that no person shall be immune from legal sanctions. In addition, the application and adjudication of legal rules by various governing officials are to be impartial and consistent across equivalent cases, made blindly without taking into consideration the class, status, or relative power among disputants. In order for those ideas to have any real purchase, moreover, there should be in place some legal apparatus for compelling officials to submit to the law.
For such reasons, the rule of law is best seen not as a blueprint for institutional design but as a value, or cluster of values, that might inform such a design and that can therefore be pursued in a variety of ways. Nonetheless, several rather simple and generalised institutional insights follow from the idea that those who judge the legality of exercises of power should not be the same as those who exercise it. For instance, a typical rule-of-law state will institutionalise some means of shielding legal officials from interference, political or otherwise, that threatens their independence. Accordingly, the institutional separation of the judiciary from other branches of government is commonly thought to be an important feature of rule-of-law states. Other measures to ensure fair access to legal institutions may also be important for rule-of-law regimes. In addition, a binding written constitution is widely believed to aid the rule of law and has been adopted by most states of the world.
The President of the country of Denverska supported a communal riot based on religion but did not take any part in any protest marches that vandalized the city. When Omar Sahib, a devotee of the Futu religion, gathered all the members of the Futu religion to stop the communal riot and held the President responsible for the riot, the President declared emergency in the country of Denverska on ground of national security and seized all the power to himself. Can the President be held liable in the court of law for inciting violence ?
Q. Migrants from which of the following country is not included in Citizenship Act ?
|
EduRev CLAT answered |
According to question,
The Centre announced that the Citizenship (Amendment) Act will come into force from January 10,2020. In a gazette notification, the Union home ministry said the act under which non-Muslim refugees from Pakistan, Bangladesh and Afghanistan will be given Indian citizenship, will come into force from January 10.
Hence, the correct answer is Sri Lanka.
Directions: Read the following passage and answer the question.Rule of law, the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a non-arbitrary form of government, and more generally prevents the arbitrary use of power. Arbitrariness is typical of various forms of despotism, absolutism, authoritarianism, and totalitarianism. Despotic governments include even highly institutionalised forms of rule in which the entity at the apex of the power structure (such as a king, a junta, or a party committee) is capable of acting without the constraint of law when it wishes to do so. Ideas about the rule of law have been central to political and legal thought since at least the 4th4th Century BCE, when Aristotle distinguished "the rule of law" from "that of any individual." In the 18th18thCentury the French political philosopher Montesquieu elaborated a doctrine of the rule of law that contrasted the legitimate authority of monarchs with the caprice of despots. It has since profoundly influenced Western liberal thought.In general, the rule of law implies that the creation of laws, their enforcement, and the relationships among legal rules are themselves legally regulated, so that no one-including the most highly placed official-is above the law. The legal constraint on rulers means that the government is subject to existing laws as much as its citizens are. Thus, a closely related notion is the idea of equality before the law, which holds that no "legal" person shall enjoy privileges that are not extended to all and that no person shall be immune from legal sanctions. In addition, the application and adjudication of legal rules by various governing officials are to be impartial and consistent across equivalent cases, made blindly without taking into consideration the class, status, or relative power among disputants. In order for those ideas to have any real purchase, moreover, there should be in place some legal apparatus for compelling officials to submit to the law.For such reasons, the rule of law is best seen not as a blueprint for institutional design but as a value, or cluster of values, that might inform such a design and that can therefore be pursued in a variety of ways. Nonetheless, several rather simple and generalised institutional insights follow from the idea that those who judge the legality of exercises of power should not be the same as those who exercise it. For instance, a typical rule-of-law state will institutionalise some means of shielding legal officials from interference, political or otherwise, that threatens their independence. Accordingly, the institutional separation of the judiciary from other branches of government is commonly thought to be an important feature of rule-of-law states. Other measures to ensure fair access to legal institutions may also be important for rule-of-law regimes. In addition, a binding written constitution is widely believed to aid the rule of law and has been adopted by most states of the world.The President of the country of Denverska supported a communal riot based on religion but did not take any part in any protest marches that vandalized the city. When Omar Sahib, a devotee of the Futu religion, gathered all the members of the Futu religion to stop the communal riot and held the President responsible for the riot, the President declared emergency in the country of Denverska on ground of national security and seized all the power to himself. Can the President be held liable in the court of law for inciting violence ?Q. Keeping in mind the above passage what do you think about the rule of Hitler and his Nazi Party in Germany ?... more
Directions: Read the following passage and answer the question.
Rule of law, the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a non-arbitrary form of government, and more generally prevents the arbitrary use of power. Arbitrariness is typical of various forms of despotism, absolutism, authoritarianism, and totalitarianism. Despotic governments include even highly institutionalised forms of rule in which the entity at the apex of the power structure (such as a king, a junta, or a party committee) is capable of acting without the constraint of law when it wishes to do so. Ideas about the rule of law have been central to political and legal thought since at least the 4th4th Century BCE, when Aristotle distinguished "the rule of law" from "that of any individual." In the 18th18thCentury the French political philosopher Montesquieu elaborated a doctrine of the rule of law that contrasted the legitimate authority of monarchs with the caprice of despots. It has since profoundly influenced Western liberal thought.
In general, the rule of law implies that the creation of laws, their enforcement, and the relationships among legal rules are themselves legally regulated, so that no one-including the most highly placed official-is above the law. The legal constraint on rulers means that the government is subject to existing laws as much as its citizens are. Thus, a closely related notion is the idea of equality before the law, which holds that no "legal" person shall enjoy privileges that are not extended to all and that no person shall be immune from legal sanctions. In addition, the application and adjudication of legal rules by various governing officials are to be impartial and consistent across equivalent cases, made blindly without taking into consideration the class, status, or relative power among disputants. In order for those ideas to have any real purchase, moreover, there should be in place some legal apparatus for compelling officials to submit to the law.
For such reasons, the rule of law is best seen not as a blueprint for institutional design but as a value, or cluster of values, that might inform such a design and that can therefore be pursued in a variety of ways. Nonetheless, several rather simple and generalised institutional insights follow from the idea that those who judge the legality of exercises of power should not be the same as those who exercise it. For instance, a typical rule-of-law state will institutionalise some means of shielding legal officials from interference, political or otherwise, that threatens their independence. Accordingly, the institutional separation of the judiciary from other branches of government is commonly thought to be an important feature of rule-of-law states. Other measures to ensure fair access to legal institutions may also be important for rule-of-law regimes. In addition, a binding written constitution is widely believed to aid the rule of law and has been adopted by most states of the world.
The President of the country of Denverska supported a communal riot based on religion but did not take any part in any protest marches that vandalized the city. When Omar Sahib, a devotee of the Futu religion, gathered all the members of the Futu religion to stop the communal riot and held the President responsible for the riot, the President declared emergency in the country of Denverska on ground of national security and seized all the power to himself. Can the President be held liable in the court of law for inciting violence ?
Q. Keeping in mind the above passage what do you think about the rule of Hitler and his Nazi Party in Germany ?
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EduRev CLAT answered |
This is the correct option for the given question.
Adolf Hitler was appointed chancellor of Germany in 19331933 following a series of electoral victories by the Nazi Party. He ruled absolutely until his death by suicide in April 19451945. Upon achieving power, Hitler smashed the nation’s democratic institutions and transformed Germany into a war state intent on conquering Europe for the benefit of the so-called Aryan race.
Hence, the correct answer is It was a despotic government as all the powers were cumulated in the hand of Hitler who acted arbitrarily.
Directions: Read the following passage and answer the question.Rule of law, the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a non-arbitrary form of government, and more generally prevents the arbitrary use of power. Arbitrariness is typical of various forms of despotism, absolutism, authoritarianism, and totalitarianism. Despotic governments include even highly institutionalised forms of rule in which the entity at the apex of the power structure (such as a king, a junta, or a party committee) is capable of acting without the constraint of law when it wishes to do so. Ideas about the rule of law have been central to political and legal thought since at least the 4th4th Century BCE, when Aristotle distinguished "the rule of law" from "that of any individual." In the 18th18thCentury the French political philosopher Montesquieu elaborated a doctrine of the rule of law that contrasted the legitimate authority of monarchs with the caprice of despots. It has since profoundly influenced Western liberal thought.In general, the rule of law implies that the creation of laws, their enforcement, and the relationships among legal rules are themselves legally regulated, so that no one-including the most highly placed official-is above the law. The legal constraint on rulers means that the government is subject to existing laws as much as its citizens are. Thus, a closely related notion is the idea of equality before the law, which holds that no "legal" person shall enjoy privileges that are not extended to all and that no person shall be immune from legal sanctions. In addition, the application and adjudication of legal rules by various governing officials are to be impartial and consistent across equivalent cases, made blindly without taking into consideration the class, status, or relative power among disputants. In order for those ideas to have any real purchase, moreover, there should be in place some legal apparatus for compelling officials to submit to the law.For such reasons, the rule of law is best seen not as a blueprint for institutional design but as a value, or cluster of values, that might inform such a design and that can therefore be pursued in a variety of ways. Nonetheless, several rather simple and generalised institutional insights follow from the idea that those who judge the legality of exercises of power should not be the same as those who exercise it. For instance, a typical rule-of-law state will institutionalise some means of shielding legal officials from interference, political or otherwise, that threatens their independence. Accordingly, the institutional separation of the judiciary from other branches of government is commonly thought to be an important feature of rule-of-law states. Other measures to ensure fair access to legal institutions may also be important for rule-of-law regimes. In addition, a binding written constitution is widely believed to aid the rule of law and has been adopted by most states of the world.The President of the country of Denverska supported a communal riot based on religion but did not take any part in any protest marches that vandalized the city. When Omar Sahib, a devotee of the Futu religion, gathered all the members of the Futu religion to stop the communal riot and held the President responsible for the riot, the President declared emergency in the country of Denverska on ground of national security and seized all the power to himself. Can the President be held liable in the court of law for inciting violence ?Q. The President of the country of Denverska supported a communal riot based on religion but did not take any part in any protest marches that vandalized the city. When Omar Sahib, a devotee of the Futu religion, gathered all the members of the Futu religion to stop the communal riot and held the President responsible for the riot, the President declared emergency in the country of Denverska on ground of national security and seized all the power to himself. Can the President be held liable in the court of law for inciting violence ?... more
Directions: Read the following passage and answer the question.
Rule of law, the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a non-arbitrary form of government, and more generally prevents the arbitrary use of power. Arbitrariness is typical of various forms of despotism, absolutism, authoritarianism, and totalitarianism. Despotic governments include even highly institutionalised forms of rule in which the entity at the apex of the power structure (such as a king, a junta, or a party committee) is capable of acting without the constraint of law when it wishes to do so. Ideas about the rule of law have been central to political and legal thought since at least the 4th4th Century BCE, when Aristotle distinguished "the rule of law" from "that of any individual." In the 18th18thCentury the French political philosopher Montesquieu elaborated a doctrine of the rule of law that contrasted the legitimate authority of monarchs with the caprice of despots. It has since profoundly influenced Western liberal thought.
In general, the rule of law implies that the creation of laws, their enforcement, and the relationships among legal rules are themselves legally regulated, so that no one-including the most highly placed official-is above the law. The legal constraint on rulers means that the government is subject to existing laws as much as its citizens are. Thus, a closely related notion is the idea of equality before the law, which holds that no "legal" person shall enjoy privileges that are not extended to all and that no person shall be immune from legal sanctions. In addition, the application and adjudication of legal rules by various governing officials are to be impartial and consistent across equivalent cases, made blindly without taking into consideration the class, status, or relative power among disputants. In order for those ideas to have any real purchase, moreover, there should be in place some legal apparatus for compelling officials to submit to the law.
For such reasons, the rule of law is best seen not as a blueprint for institutional design but as a value, or cluster of values, that might inform such a design and that can therefore be pursued in a variety of ways. Nonetheless, several rather simple and generalised institutional insights follow from the idea that those who judge the legality of exercises of power should not be the same as those who exercise it. For instance, a typical rule-of-law state will institutionalise some means of shielding legal officials from interference, political or otherwise, that threatens their independence. Accordingly, the institutional separation of the judiciary from other branches of government is commonly thought to be an important feature of rule-of-law states. Other measures to ensure fair access to legal institutions may also be important for rule-of-law regimes. In addition, a binding written constitution is widely believed to aid the rule of law and has been adopted by most states of the world.
The President of the country of Denverska supported a communal riot based on religion but did not take any part in any protest marches that vandalized the city. When Omar Sahib, a devotee of the Futu religion, gathered all the members of the Futu religion to stop the communal riot and held the President responsible for the riot, the President declared emergency in the country of Denverska on ground of national security and seized all the power to himself. Can the President be held liable in the court of law for inciting violence ?
Q. The President of the country of Denverska supported a communal riot based on religion but did not take any part in any protest marches that vandalized the city. When Omar Sahib, a devotee of the Futu religion, gathered all the members of the Futu religion to stop the communal riot and held the President responsible for the riot, the President declared emergency in the country of Denverska on ground of national security and seized all the power to himself. Can the President be held liable in the court of law for inciting violence ?
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S.S Career Academy answered |
This is the correct option for the given question.
Binding written constitution is widely believed to aid the rule of law and has been adopted by most states of the world.Thus in the given situation in the question above president can be held liable.
Hence, the correct answer is the President can be held liable since the concept that the crown can do no wrong is no longer in vogue.
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Ragini Dey Dey
asked a question
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IfA + B means A is brother of B; A – B means A is sister of B; A × B means A is wife of B and A ÷ B means A is father of B then which of the following indicates ‘S is son of P’?
- a)P × Q ÷ R – S + T
- b)P × Q ÷ R + S –T
- c)P × Q ÷ S – R + T
- d)P × Q ÷ R – T + S
Correct answer is option 'A'. Can you explain this answer?
IfA + B means A is brother of B; A – B means A is sister of B; A × B means A is wife of B and A ÷ B means A is father of B then which of the following indicates ‘S is son of P’?
a)
P × Q ÷ R – S + T
b)
P × Q ÷ R + S –T
c)
P × Q ÷ S – R + T
d)
P × Q ÷ R – T + S
Directions: Read the following passage and answer the question.Rule of law, the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a non-arbitrary form of government, and more generally prevents the arbitrary use of power. Arbitrariness is typical of various forms of despotism, absolutism, authoritarianism, and totalitarianism. Despotic governments include even highly institutionalised forms of rule in which the entity at the apex of the power structure (such as a king, a junta, or a party committee) is capable of acting without the constraint of law when it wishes to do so. Ideas about the rule of law have been central to political and legal thought since at least the 4th4th Century BCE, when Aristotle distinguished "the rule of law" from "that of any individual." In the 18th18thCentury the French political philosopher Montesquieu elaborated a doctrine of the rule of law that contrasted the legitimate authority of monarchs with the caprice of despots. It has since profoundly influenced Western liberal thought.In general, the rule of law implies that the creation of laws, their enforcement, and the relationships among legal rules are themselves legally regulated, so that no one-including the most highly placed official-is above the law. The legal constraint on rulers means that the government is subject to existing laws as much as its citizens are. Thus, a closely related notion is the idea of equality before the law, which holds that no "legal" person shall enjoy privileges that are not extended to all and that no person shall be immune from legal sanctions. In addition, the application and adjudication of legal rules by various governing officials are to be impartial and consistent across equivalent cases, made blindly without taking into consideration the class, status, or relative power among disputants. In order for those ideas to have any real purchase, moreover, there should be in place some legal apparatus for compelling officials to submit to the law.For such reasons, the rule of law is best seen not as a blueprint for institutional design but as a value, or cluster of values, that might inform such a design and that can therefore be pursued in a variety of ways. Nonetheless, several rather simple and generalised institutional insights follow from the idea that those who judge the legality of exercises of power should not be the same as those who exercise it. For instance, a typical rule-of-law state will institutionalise some means of shielding legal officials from interference, political or otherwise, that threatens their independence. Accordingly, the institutional separation of the judiciary from other branches of government is commonly thought to be an important feature of rule-of-law states. Other measures to ensure fair access to legal institutions may also be important for rule-of-law regimes. In addition, a binding written constitution is widely believed to aid the rule of law and has been adopted by most states of the world.The President of the country of Denverska supported a communal riot based on religion but did not take any part in any protest marches that vandalized the city. When Omar Sahib, a devotee of the Futu religion, gathered all the members of the Futu religion to stop the communal riot and held the President responsible for the riot, the President declared emergency in the country of Denverska on ground of national security and seized all the power to himself. Can the President be held liable in the court of law for inciting violence ?Q. Ms. Srimati Patil, a government employee, in charge of issuing tender and selecting a bidding company for the construction of water pipelines in the district of Hathway took a bribe from ABCABC Company for selecting them for the construction work. XYZXYZ Company who was another company bidding for the work filed a petition accusing Ms. Srimati Patil.... more
Directions: Read the following passage and answer the question.
Rule of law, the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a non-arbitrary form of government, and more generally prevents the arbitrary use of power. Arbitrariness is typical of various forms of despotism, absolutism, authoritarianism, and totalitarianism. Despotic governments include even highly institutionalised forms of rule in which the entity at the apex of the power structure (such as a king, a junta, or a party committee) is capable of acting without the constraint of law when it wishes to do so. Ideas about the rule of law have been central to political and legal thought since at least the 4th4th Century BCE, when Aristotle distinguished "the rule of law" from "that of any individual." In the 18th18thCentury the French political philosopher Montesquieu elaborated a doctrine of the rule of law that contrasted the legitimate authority of monarchs with the caprice of despots. It has since profoundly influenced Western liberal thought.
In general, the rule of law implies that the creation of laws, their enforcement, and the relationships among legal rules are themselves legally regulated, so that no one-including the most highly placed official-is above the law. The legal constraint on rulers means that the government is subject to existing laws as much as its citizens are. Thus, a closely related notion is the idea of equality before the law, which holds that no "legal" person shall enjoy privileges that are not extended to all and that no person shall be immune from legal sanctions. In addition, the application and adjudication of legal rules by various governing officials are to be impartial and consistent across equivalent cases, made blindly without taking into consideration the class, status, or relative power among disputants. In order for those ideas to have any real purchase, moreover, there should be in place some legal apparatus for compelling officials to submit to the law.
For such reasons, the rule of law is best seen not as a blueprint for institutional design but as a value, or cluster of values, that might inform such a design and that can therefore be pursued in a variety of ways. Nonetheless, several rather simple and generalised institutional insights follow from the idea that those who judge the legality of exercises of power should not be the same as those who exercise it. For instance, a typical rule-of-law state will institutionalise some means of shielding legal officials from interference, political or otherwise, that threatens their independence. Accordingly, the institutional separation of the judiciary from other branches of government is commonly thought to be an important feature of rule-of-law states. Other measures to ensure fair access to legal institutions may also be important for rule-of-law regimes. In addition, a binding written constitution is widely believed to aid the rule of law and has been adopted by most states of the world.
The President of the country of Denverska supported a communal riot based on religion but did not take any part in any protest marches that vandalized the city. When Omar Sahib, a devotee of the Futu religion, gathered all the members of the Futu religion to stop the communal riot and held the President responsible for the riot, the President declared emergency in the country of Denverska on ground of national security and seized all the power to himself. Can the President be held liable in the court of law for inciting violence ?
Q. Ms. Srimati Patil, a government employee, in charge of issuing tender and selecting a bidding company for the construction of water pipelines in the district of Hathway took a bribe from ABCABC Company for selecting them for the construction work. XYZXYZ Company who was another company bidding for the work filed a petition accusing Ms. Srimati Patil.
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Aspire Academy answered |
This is the correct option for the given question.
Since Ms. Patil is government employee who issues tender and took bribe for issuing the tender to that company.
Taking bribe is an offence.
Hence, the correct answer is She will be held liable as accepting bribe is not a part of his official duty.
Directions: Read the following passage and answer the question.Rule of law, the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a non-arbitrary form of government, and more generally prevents the arbitrary use of power. Arbitrariness is typical of various forms of despotism, absolutism, authoritarianism, and totalitarianism. Despotic governments include even highly institutionalised forms of rule in which the entity at the apex of the power structure (such as a king, a junta, or a party committee) is capable of acting without the constraint of law when it wishes to do so. Ideas about the rule of law have been central to political and legal thought since at least the 4th4th Century BCE, when Aristotle distinguished "the rule of law" from "that of any individual." In the 18th18thCentury the French political philosopher Montesquieu elaborated a doctrine of the rule of law that contrasted the legitimate authority of monarchs with the caprice of despots. It has since profoundly influenced Western liberal thought.In general, the rule of law implies that the creation of laws, their enforcement, and the relationships among legal rules are themselves legally regulated, so that no one-including the most highly placed official-is above the law. The legal constraint on rulers means that the government is subject to existing laws as much as its citizens are. Thus, a closely related notion is the idea of equality before the law, which holds that no "legal" person shall enjoy privileges that are not extended to all and that no person shall be immune from legal sanctions. In addition, the application and adjudication of legal rules by various governing officials are to be impartial and consistent across equivalent cases, made blindly without taking into consideration the class, status, or relative power among disputants. In order for those ideas to have any real purchase, moreover, there should be in place some legal apparatus for compelling officials to submit to the law.For such reasons, the rule of law is best seen not as a blueprint for institutional design but as a value, or cluster of values, that might inform such a design and that can therefore be pursued in a variety of ways. Nonetheless, several rather simple and generalised institutional insights follow from the idea that those who judge the legality of exercises of power should not be the same as those who exercise it. For instance, a typical rule-of-law state will institutionalise some means of shielding legal officials from interference, political or otherwise, that threatens their independence. Accordingly, the institutional separation of the judiciary from other branches of government is commonly thought to be an important feature of rule-of-law states. Other measures to ensure fair access to legal institutions may also be important for rule-of-law regimes. In addition, a binding written constitution is widely believed to aid the rule of law and has been adopted by most states of the world.The President of the country of Denverska supported a communal riot based on religion but did not take any part in any protest marches that vandalized the city. When Omar Sahib, a devotee of the Futu religion, gathered all the members of the Futu religion to stop the communal riot and held the President responsible for the riot, the President declared emergency in the country of Denverska on ground of national security and seized all the power to himself. Can the President be held liable in the court of law for inciting violence ?Q. Mr. XX filed a petition in High Court challenging sec 5151 of the Helskiny Premises Tenancy Act, 20202020 on the ground of being violative of Fundamental Rights. The High Court ruled in favour of Mr. XX and declared section 5151 to be ultra vires. In order to correct the unjust law, the court also keeping in mind the legislative intent amended the section 5151 so as do away with the faulty part.... more
Directions: Read the following passage and answer the question.
Rule of law, the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a non-arbitrary form of government, and more generally prevents the arbitrary use of power. Arbitrariness is typical of various forms of despotism, absolutism, authoritarianism, and totalitarianism. Despotic governments include even highly institutionalised forms of rule in which the entity at the apex of the power structure (such as a king, a junta, or a party committee) is capable of acting without the constraint of law when it wishes to do so. Ideas about the rule of law have been central to political and legal thought since at least the 4th4th Century BCE, when Aristotle distinguished "the rule of law" from "that of any individual." In the 18th18thCentury the French political philosopher Montesquieu elaborated a doctrine of the rule of law that contrasted the legitimate authority of monarchs with the caprice of despots. It has since profoundly influenced Western liberal thought.
In general, the rule of law implies that the creation of laws, their enforcement, and the relationships among legal rules are themselves legally regulated, so that no one-including the most highly placed official-is above the law. The legal constraint on rulers means that the government is subject to existing laws as much as its citizens are. Thus, a closely related notion is the idea of equality before the law, which holds that no "legal" person shall enjoy privileges that are not extended to all and that no person shall be immune from legal sanctions. In addition, the application and adjudication of legal rules by various governing officials are to be impartial and consistent across equivalent cases, made blindly without taking into consideration the class, status, or relative power among disputants. In order for those ideas to have any real purchase, moreover, there should be in place some legal apparatus for compelling officials to submit to the law.
For such reasons, the rule of law is best seen not as a blueprint for institutional design but as a value, or cluster of values, that might inform such a design and that can therefore be pursued in a variety of ways. Nonetheless, several rather simple and generalised institutional insights follow from the idea that those who judge the legality of exercises of power should not be the same as those who exercise it. For instance, a typical rule-of-law state will institutionalise some means of shielding legal officials from interference, political or otherwise, that threatens their independence. Accordingly, the institutional separation of the judiciary from other branches of government is commonly thought to be an important feature of rule-of-law states. Other measures to ensure fair access to legal institutions may also be important for rule-of-law regimes. In addition, a binding written constitution is widely believed to aid the rule of law and has been adopted by most states of the world.
The President of the country of Denverska supported a communal riot based on religion but did not take any part in any protest marches that vandalized the city. When Omar Sahib, a devotee of the Futu religion, gathered all the members of the Futu religion to stop the communal riot and held the President responsible for the riot, the President declared emergency in the country of Denverska on ground of national security and seized all the power to himself. Can the President be held liable in the court of law for inciting violence ?
Q. Mr. XX filed a petition in High Court challenging sec 5151 of the Helskiny Premises Tenancy Act, 20202020 on the ground of being violative of Fundamental Rights. The High Court ruled in favour of Mr. XX and declared section 5151 to be ultra vires. In order to correct the unjust law, the court also keeping in mind the legislative intent amended the section 5151 so as do away with the faulty part.
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Notes Wala answered |
This is the correct option for the given question.
Since the section 5151 Leads to violation of fundamental rights. Hence, it needs to be amended, but the high court has no power.
Hence, the correct answer is the High Court has no power to amend the law, and it is the Legislature who has the duty to legislate.
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Arpit Pyasi
asked a question
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Principle: The right of private defence is available to a person, for defending his own body and the body of other persons.Facts: A happens to see B, his brother fighting with C. in fact, they were only playing. At a point when A thought that B was to be felled by C, he kicked C to death. On being charged with murder, A pleads right of private defence. Decide.- a)A is not guilty since it is a genuine mistake of fact
- b)A is not guilty of murder
- c)A is guilty under Section 304 A IPC
- d)None of the above
Correct answer is option 'A'. Can you explain this answer?
Principle: The right of private defence is available to a person, for defending his own body and the body of other persons.
Facts: A happens to see B, his brother fighting with C. in fact, they were only playing. At a point when A thought that B was to be felled by C, he kicked C to death. On being charged with murder, A pleads right of private defence. Decide.
a)
A is not guilty since it is a genuine mistake of fact
b)
A is not guilty of murder
c)
A is guilty under Section 304 A IPC
d)
None of the above
Directions: Read the following passage and answer the question.In a significant move, the Supreme Court has observed that provisions of Section 498 A.498 A. of the Indian Penal Code or the anti-dowry law were being increasingly misused by plaintiffs. Taking cognizance of the fact that the law was being used as a weapon rather than a protective shield, the apex court directed state governments to instruct police not to automatically carry out arrests on the mere lodging of a complaint.There's no denying that Section 498 A498 A was enacted with the commendable aim of cracking down on dowry deaths and cruelty against women in their matrimonial homes. However, by making provisions of the law too stringent, the pendulum has swung too far in the other direction whereby the innocent can be victimized. Several women's rights groups have also acknowledged the draconian nature of the stipulation that allows for automatic arrests, including of women, without bail. In many cases the accused include the plaintiff's women in-laws who are ailing or residing outside the country. Such charges are brought with the malafide intention of harassing the spouse's family. Add to this loose wording that takes cognizance even of mental abuse, and it is easy to see why Section 498 A498 A is susceptible to misuse.Against this backdrop, it is welcome that the Supreme Court has directed the police to first satisfy themselves of the necessity for arrest under Section 4141 of the Criminal Procedure Code before making arrests in anti-dowry cases. Further, the magistrate too would have to record its satisfaction before authorizing detention of the accused. In this regard, there is an urgent need to review our approach towards gender crime laws in general.Hitherto the dominant thinking has been to ramp up the quantum of punishment or stringency of prosecution or even to reverse the basic assumption of Indian jurisprudence that one is innocent until proven guilty, in order. to serve as a deterrent against gender crimes. This approach does little to protect genuine victims but allows those with means to manipulate the law. The law should make a strict distinction, for example, between rape and voluntary sex between consenting adults. Nuanced laws that recognize the degree of offence and recommend commensurate, punishment - along with their consistent enforcement - are the only way to boost genuine reporting of gender crimes and ensure justice.Q. Amita, who has been married to Amit for one year has lodged a complaint under section 498 A498 A of Indian Penal Code against his husband, mother-in-law and sister-in-law. She used to reside in Delhi with her husband and mother-in-law and third accused, her sister-in-law used to reside in Bangalore. Can a charge be made against the sister-in-law who resides in Bangalore for the cruelty that happened in Delhi ?... more
Directions: Read the following passage and answer the question.
In a significant move, the Supreme Court has observed that provisions of Section 498 A.498 A. of the Indian Penal Code or the anti-dowry law were being increasingly misused by plaintiffs. Taking cognizance of the fact that the law was being used as a weapon rather than a protective shield, the apex court directed state governments to instruct police not to automatically carry out arrests on the mere lodging of a complaint.
There's no denying that Section 498 A498 A was enacted with the commendable aim of cracking down on dowry deaths and cruelty against women in their matrimonial homes. However, by making provisions of the law too stringent, the pendulum has swung too far in the other direction whereby the innocent can be victimized. Several women's rights groups have also acknowledged the draconian nature of the stipulation that allows for automatic arrests, including of women, without bail. In many cases the accused include the plaintiff's women in-laws who are ailing or residing outside the country. Such charges are brought with the malafide intention of harassing the spouse's family. Add to this loose wording that takes cognizance even of mental abuse, and it is easy to see why Section 498 A498 A is susceptible to misuse.
Against this backdrop, it is welcome that the Supreme Court has directed the police to first satisfy themselves of the necessity for arrest under Section 4141 of the Criminal Procedure Code before making arrests in anti-dowry cases. Further, the magistrate too would have to record its satisfaction before authorizing detention of the accused. In this regard, there is an urgent need to review our approach towards gender crime laws in general.
Hitherto the dominant thinking has been to ramp up the quantum of punishment or stringency of prosecution or even to reverse the basic assumption of Indian jurisprudence that one is innocent until proven guilty, in order. to serve as a deterrent against gender crimes. This approach does little to protect genuine victims but allows those with means to manipulate the law. The law should make a strict distinction, for example, between rape and voluntary sex between consenting adults. Nuanced laws that recognize the degree of offence and recommend commensurate, punishment - along with their consistent enforcement - are the only way to boost genuine reporting of gender crimes and ensure justice.
Q. Amita, who has been married to Amit for one year has lodged a complaint under section 498 A498 A of Indian Penal Code against his husband, mother-in-law and sister-in-law. She used to reside in Delhi with her husband and mother-in-law and third accused, her sister-in-law used to reside in Bangalore. Can a charge be made against the sister-in-law who resides in Bangalore for the cruelty that happened in Delhi ?
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Notes Wala answered |
According to Section 498A of Indian Penal Code , Any Indian wife and her relative can file 498A on her husband, his parents, sisters, brothers, grandparents, uncles, aunts, cousins, wives of brothers, and other relatives.
In the given case: Amita, who has been married to Amit for one year has lodged a complaint against his husband, mother-in-law and sister-in-law who is not living with her.
But the charge against sister-in-law be will depend on the discretion of the Police.
Hence, the correct answer is Depend on the discretion of the Police
Directions: Read the following passage and answer the question.In a significant move, the Supreme Court has observed that provisions of Section 498 A.498 A. of the Indian Penal Code or the anti-dowry law were being increasingly misused by plaintiffs. Taking cognizance of the fact that the law was being used as a weapon rather than a protective shield, the apex court directed state governments to instruct police not to automatically carry out arrests on the mere lodging of a complaint.There's no denying that Section 498 A498 A was enacted with the commendable aim of cracking down on dowry deaths and cruelty against women in their matrimonial homes. However, by making provisions of the law too stringent, the pendulum has swung too far in the other direction whereby the innocent can be victimized. Several women's rights groups have also acknowledged the draconian nature of the stipulation that allows for automatic arrests, including of women, without bail. In many cases the accused include the plaintiff's women in-laws who are ailing or residing outside the country. Such charges are brought with the malafide intention of harassing the spouse's family. Add to this loose wording that takes cognizance even of mental abuse, and it is easy to see why Section 498 A498 A is susceptible to misuse.Against this backdrop, it is welcome that the Supreme Court has directed the police to first satisfy themselves of the necessity for arrest under Section 4141 of the Criminal Procedure Code before making arrests in anti-dowry cases. Further, the magistrate too would have to record its satisfaction before authorizing detention of the accused. In this regard, there is an urgent need to review our approach towards gender crime laws in general.Hitherto the dominant thinking has been to ramp up the quantum of punishment or stringency of prosecution or even to reverse the basic assumption of Indian jurisprudence that one is innocent until proven guilty, in order. to serve as a deterrent against gender crimes. This approach does little to protect genuine victims but allows those with means to manipulate the law. The law should make a strict distinction, for example, between rape and voluntary sex between consenting adults. Nuanced laws that recognize the degree of offence and recommend commensurate, punishment - along with their consistent enforcement - are the only way to boost genuine reporting of gender crimes and ensure justice.Q. Under Section-498A of the Indian Penal Code, who among the following can be charged of an offence ?... more
Directions: Read the following passage and answer the question.
In a significant move, the Supreme Court has observed that provisions of Section 498 A.498 A. of the Indian Penal Code or the anti-dowry law were being increasingly misused by plaintiffs. Taking cognizance of the fact that the law was being used as a weapon rather than a protective shield, the apex court directed state governments to instruct police not to automatically carry out arrests on the mere lodging of a complaint.
There's no denying that Section 498 A498 A was enacted with the commendable aim of cracking down on dowry deaths and cruelty against women in their matrimonial homes. However, by making provisions of the law too stringent, the pendulum has swung too far in the other direction whereby the innocent can be victimized. Several women's rights groups have also acknowledged the draconian nature of the stipulation that allows for automatic arrests, including of women, without bail. In many cases the accused include the plaintiff's women in-laws who are ailing or residing outside the country. Such charges are brought with the malafide intention of harassing the spouse's family. Add to this loose wording that takes cognizance even of mental abuse, and it is easy to see why Section 498 A498 A is susceptible to misuse.
Against this backdrop, it is welcome that the Supreme Court has directed the police to first satisfy themselves of the necessity for arrest under Section 4141 of the Criminal Procedure Code before making arrests in anti-dowry cases. Further, the magistrate too would have to record its satisfaction before authorizing detention of the accused. In this regard, there is an urgent need to review our approach towards gender crime laws in general.
Hitherto the dominant thinking has been to ramp up the quantum of punishment or stringency of prosecution or even to reverse the basic assumption of Indian jurisprudence that one is innocent until proven guilty, in order. to serve as a deterrent against gender crimes. This approach does little to protect genuine victims but allows those with means to manipulate the law. The law should make a strict distinction, for example, between rape and voluntary sex between consenting adults. Nuanced laws that recognize the degree of offence and recommend commensurate, punishment - along with their consistent enforcement - are the only way to boost genuine reporting of gender crimes and ensure justice.
Q. Under Section-498A of the Indian Penal Code, who among the following can be charged of an offence ?
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Future Foundation Institute answered |
According to question, this option is the appropriate answer,
If all the members of family is harassing the women then all the members can be held responsible for the crime even if they don't live with women or are in some other city or home.
Hence, the correct answer is all the family members whether or not residing with the victim.
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VISHAL Goyal
asked a question
|
Which of the following state has achieved the second rank in the country under the 'Best Performing State' category in the Pradhan Mantri Awas Yojana Urban scheme?- a)Rajasthan
- b)Madhya Pradesh
- c)Uttar Pradesh
- d)Uttarakhand
Correct answer is option 'B'. Can you explain this answer?
Which of the following state has achieved the second rank in the country under the 'Best Performing State' category in the Pradhan Mantri Awas Yojana Urban scheme?
a)
Rajasthan
b)
Madhya Pradesh
c)
Uttar Pradesh
d)
Uttarakhand
Directions: Read the following passage and answer the question.In a significant move, the Supreme Court has observed that provisions of Section 498 A.498 A. of the Indian Penal Code or the anti-dowry law were being increasingly misused by plaintiffs. Taking cognizance of the fact that the law was being used as a weapon rather than a protective shield, the apex court directed state governments to instruct police not to automatically carry out arrests on the mere lodging of a complaint.There's no denying that Section 498 A498 A was enacted with the commendable aim of cracking down on dowry deaths and cruelty against women in their matrimonial homes. However, by making provisions of the law too stringent, the pendulum has swung too far in the other direction whereby the innocent can be victimized. Several women's rights groups have also acknowledged the draconian nature of the stipulation that allows for automatic arrests, including of women, without bail. In many cases the accused include the plaintiff's women in-laws who are ailing or residing outside the country. Such charges are brought with the malafide intention of harassing the spouse's family. Add to this loose wording that takes cognizance even of mental abuse, and it is easy to see why Section 498 A498 A is susceptible to misuse.Against this backdrop, it is welcome that the Supreme Court has directed the police to first satisfy themselves of the necessity for arrest under Section 4141 of the Criminal Procedure Code before making arrests in anti-dowry cases. Further, the magistrate too would have to record its satisfaction before authorizing detention of the accused. In this regard, there is an urgent need to review our approach towards gender crime laws in general.Hitherto the dominant thinking has been to ramp up the quantum of punishment or stringency of prosecution or even to reverse the basic assumption of Indian jurisprudence that one is innocent until proven guilty, in order. to serve as a deterrent against gender crimes. This approach does little to protect genuine victims but allows those with means to manipulate the law. The law should make a strict distinction, for example, between rape and voluntary sex between consenting adults. Nuanced laws that recognize the degree of offence and recommend commensurate, punishment - along with their consistent enforcement - are the only way to boost genuine reporting of gender crimes and ensure justice.Q. What is the basic assumption in the jurisprudence of Indian criminal law ?... more
Directions: Read the following passage and answer the question.
In a significant move, the Supreme Court has observed that provisions of Section 498 A.498 A. of the Indian Penal Code or the anti-dowry law were being increasingly misused by plaintiffs. Taking cognizance of the fact that the law was being used as a weapon rather than a protective shield, the apex court directed state governments to instruct police not to automatically carry out arrests on the mere lodging of a complaint.
There's no denying that Section 498 A498 A was enacted with the commendable aim of cracking down on dowry deaths and cruelty against women in their matrimonial homes. However, by making provisions of the law too stringent, the pendulum has swung too far in the other direction whereby the innocent can be victimized. Several women's rights groups have also acknowledged the draconian nature of the stipulation that allows for automatic arrests, including of women, without bail. In many cases the accused include the plaintiff's women in-laws who are ailing or residing outside the country. Such charges are brought with the malafide intention of harassing the spouse's family. Add to this loose wording that takes cognizance even of mental abuse, and it is easy to see why Section 498 A498 A is susceptible to misuse.
Against this backdrop, it is welcome that the Supreme Court has directed the police to first satisfy themselves of the necessity for arrest under Section 4141 of the Criminal Procedure Code before making arrests in anti-dowry cases. Further, the magistrate too would have to record its satisfaction before authorizing detention of the accused. In this regard, there is an urgent need to review our approach towards gender crime laws in general.
Hitherto the dominant thinking has been to ramp up the quantum of punishment or stringency of prosecution or even to reverse the basic assumption of Indian jurisprudence that one is innocent until proven guilty, in order. to serve as a deterrent against gender crimes. This approach does little to protect genuine victims but allows those with means to manipulate the law. The law should make a strict distinction, for example, between rape and voluntary sex between consenting adults. Nuanced laws that recognize the degree of offence and recommend commensurate, punishment - along with their consistent enforcement - are the only way to boost genuine reporting of gender crimes and ensure justice.
Q. What is the basic assumption in the jurisprudence of Indian criminal law ?
|
|
Future Foundation Institute answered |
According to question , this option is the appropriate answer,
The Supreme Court has directed the police to first satisfy themselves of the necessity for arrest under Section 4141 of the Criminal Procedure Code before making arrests in anti-dowry cases. Further, the magistrate too would have to record its satisfaction before authorizing detention of the accused. In this regard, there is an urgent need to review our approach towards gender crime laws in general.
Directions: Read the following passage and answer the question.In a significant move, the Supreme Court has observed that provisions of Section 498 A.498 A. of the Indian Penal Code or the anti-dowry law were being increasingly misused by plaintiffs. Taking cognizance of the fact that the law was being used as a weapon rather than a protective shield, the apex court directed state governments to instruct police not to automatically carry out arrests on the mere lodging of a complaint.There's no denying that Section 498 A498 A was enacted with the commendable aim of cracking down on dowry deaths and cruelty against women in their matrimonial homes. However, by making provisions of the law too stringent, the pendulum has swung too far in the other direction whereby the innocent can be victimized. Several women's rights groups have also acknowledged the draconian nature of the stipulation that allows for automatic arrests, including of women, without bail. In many cases the accused include the plaintiff's women in-laws who are ailing or residing outside the country. Such charges are brought with the malafide intention of harassing the spouse's family. Add to this loose wording that takes cognizance even of mental abuse, and it is easy to see why Section 498 A498 A is susceptible to misuse.Against this backdrop, it is welcome that the Supreme Court has directed the police to first satisfy themselves of the necessity for arrest under Section 4141 of the Criminal Procedure Code before making arrests in anti-dowry cases. Further, the magistrate too would have to record its satisfaction before authorizing detention of the accused. In this regard, there is an urgent need to review our approach towards gender crime laws in general.Hitherto the dominant thinking has been to ramp up the quantum of punishment or stringency of prosecution or even to reverse the basic assumption of Indian jurisprudence that one is innocent until proven guilty, in order. to serve as a deterrent against gender crimes. This approach does little to protect genuine victims but allows those with means to manipulate the law. The law should make a strict distinction, for example, between rape and voluntary sex between consenting adults. Nuanced laws that recognize the degree of offence and recommend commensurate, punishment - along with their consistent enforcement - are the only way to boost genuine reporting of gender crimes and ensure justice.Q. What does the section 498 A498 A of Indian Penal Code provides for... more
Directions: Read the following passage and answer the question.
In a significant move, the Supreme Court has observed that provisions of Section 498 A.498 A. of the Indian Penal Code or the anti-dowry law were being increasingly misused by plaintiffs. Taking cognizance of the fact that the law was being used as a weapon rather than a protective shield, the apex court directed state governments to instruct police not to automatically carry out arrests on the mere lodging of a complaint.
There's no denying that Section 498 A498 A was enacted with the commendable aim of cracking down on dowry deaths and cruelty against women in their matrimonial homes. However, by making provisions of the law too stringent, the pendulum has swung too far in the other direction whereby the innocent can be victimized. Several women's rights groups have also acknowledged the draconian nature of the stipulation that allows for automatic arrests, including of women, without bail. In many cases the accused include the plaintiff's women in-laws who are ailing or residing outside the country. Such charges are brought with the malafide intention of harassing the spouse's family. Add to this loose wording that takes cognizance even of mental abuse, and it is easy to see why Section 498 A498 A is susceptible to misuse.
Against this backdrop, it is welcome that the Supreme Court has directed the police to first satisfy themselves of the necessity for arrest under Section 4141 of the Criminal Procedure Code before making arrests in anti-dowry cases. Further, the magistrate too would have to record its satisfaction before authorizing detention of the accused. In this regard, there is an urgent need to review our approach towards gender crime laws in general.
Hitherto the dominant thinking has been to ramp up the quantum of punishment or stringency of prosecution or even to reverse the basic assumption of Indian jurisprudence that one is innocent until proven guilty, in order. to serve as a deterrent against gender crimes. This approach does little to protect genuine victims but allows those with means to manipulate the law. The law should make a strict distinction, for example, between rape and voluntary sex between consenting adults. Nuanced laws that recognize the degree of offence and recommend commensurate, punishment - along with their consistent enforcement - are the only way to boost genuine reporting of gender crimes and ensure justice.
Q. What does the section 498 A498 A of Indian Penal Code provides for
|
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Future Foundation Institute answered |
According to question, this option is the appropriate answer,
The Section-498A of Indian Penal Code provides for all the protection against all the crime for women like dowry, crime of cruelty, protection against mental abuse.
Hence, the correct answer is all of the above.
Directions: Read the following passage and answer the question.Apart from offences relating to humans, state, marriage and public tranquillity, the Indian Penal Code contains. offences against properties also. Chapter 1717 of the Code contains these provisions. Such offences include crimes like theft, extortion, robbery, dacoity and other aggravated forms of these crimes. Theft under IPC is generally the most basic and common offence against properties.Section 378378 of the IPC defines theft as, "Whoever, intending to take dishonestly any movable property out of the possession of any person without that person's consent, moves that property to such taking, is said to commit theft".Shweta Tiwari is an excellent artist and is married to one named Deepak Tiwari who owns a factory. They have a son Anshuman and is taken care of by a nanny, Puja because Shweta has to travel a lot for her art work. Anshuman has grown up to be a fine gentleman with a degree in data analysis and works in a MNC. After Mr, Deepak passed away Shweta moved in with her son, her daughter-in-law, Sagnika and granddaughter Suparna. Shweta soon became ill and therefore bedridden for several months but continued her paintings. In those months, she never liked any person to meet her and mostly remained alone except for her help Sumitra. After she died Anshuman told Sumitra to clean up her room and throw away any rubbish that may be there. Sumitra found out some old clothes and jewelleries which she gave back to him and also found out her paintings- the good ones were hung up on the wall and the faded ones were discarded on the orders of Anshuman. So Sumitra took all the garbage to the municipality rubbish dump. Before finally dumping Sumitra decided to finally check all the bags to make sure that no valuables are thrown away and while doing so she found two beautiful paintings in between two sheets of paper in the stack of newspapers. She thought that Anshuman probably wouldn't want this old painting back, especially because it was torn in several places and the colour was fading. Sumitra liked the paintings very much and as a sign of her master she took the painting home, mounted it on a wooden frame and hung it on the wall of her drawing room. She was completely unaware of the fact that the painting was an old 'masterpiece, and worth twenty thousand rupees. Before mounting the painting, Sumitra made some modifications do it does not get torn from the sides. By doing so, she made its professional 'restoration very difficult and thereby reduced its value by half. Malti, a jealous neighbour of Sumitra, came to know that the painting belonged to Anshuman. With the motive of returning the painting to him, Malti climbed through an open window into to barge into Sumitra's room when she was away one afternoon and removed the painting from her house.Q. Which of the following propositions could be inferred from the facts and the rules specified... more
Directions: Read the following passage and answer the question.
Apart from offences relating to humans, state, marriage and public tranquillity, the Indian Penal Code contains. offences against properties also. Chapter 1717 of the Code contains these provisions. Such offences include crimes like theft, extortion, robbery, dacoity and other aggravated forms of these crimes. Theft under IPC is generally the most basic and common offence against properties.
Section 378378 of the IPC defines theft as, "Whoever, intending to take dishonestly any movable property out of the possession of any person without that person's consent, moves that property to such taking, is said to commit theft".
Shweta Tiwari is an excellent artist and is married to one named Deepak Tiwari who owns a factory. They have a son Anshuman and is taken care of by a nanny, Puja because Shweta has to travel a lot for her art work. Anshuman has grown up to be a fine gentleman with a degree in data analysis and works in a MNC. After Mr, Deepak passed away Shweta moved in with her son, her daughter-in-law, Sagnika and granddaughter Suparna. Shweta soon became ill and therefore bedridden for several months but continued her paintings. In those months, she never liked any person to meet her and mostly remained alone except for her help Sumitra. After she died Anshuman told Sumitra to clean up her room and throw away any rubbish that may be there. Sumitra found out some old clothes and jewelleries which she gave back to him and also found out her paintings- the good ones were hung up on the wall and the faded ones were discarded on the orders of Anshuman. So Sumitra took all the garbage to the municipality rubbish dump. Before finally dumping Sumitra decided to finally check all the bags to make sure that no valuables are thrown away and while doing so she found two beautiful paintings in between two sheets of paper in the stack of newspapers. She thought that Anshuman probably wouldn't want this old painting back, especially because it was torn in several places and the colour was fading. Sumitra liked the paintings very much and as a sign of her master she took the painting home, mounted it on a wooden frame and hung it on the wall of her drawing room. She was completely unaware of the fact that the painting was an old 'masterpiece, and worth twenty thousand rupees. Before mounting the painting, Sumitra made some modifications do it does not get torn from the sides. By doing so, she made its professional 'restoration very difficult and thereby reduced its value by half. Malti, a jealous neighbour of Sumitra, came to know that the painting belonged to Anshuman. With the motive of returning the painting to him, Malti climbed through an open window into to barge into Sumitra's room when she was away one afternoon and removed the painting from her house.
Q. Which of the following propositions could be inferred from the facts and the rules specified
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Glance Learning Institute answered |
Malti, a jealous neighbour of Sumitra, came to know that the painting belonged to Anshuman. With the motive of returning the painting to him, Malti climbed through an open window into to barge into Sumitra's room when she was away one afternoon and removed the painting from her house.
Under section 378378, it is theft
Hence, the correct answer is Malti is guilty of criminal offence, as she has stolen the picture.
Directions: Read the following passage and answer the question.Apart from offences relating to humans, state, marriage and public tranquillity, the Indian Penal Code contains. offences against properties also. Chapter 1717 of the Code contains these provisions. Such offences include crimes like theft, extortion, robbery, dacoity and other aggravated forms of these crimes. Theft under IPC is generally the most basic and common offence against properties.Section 378378 of the IPC defines theft as, "Whoever, intending to take dishonestly any movable property out of the possession of any person without that person's consent, moves that property to such taking, is said to commit theft".Shweta Tiwari is an excellent artist and is married to one named Deepak Tiwari who owns a factory. They have a son Anshuman and is taken care of by a nanny, Puja because Shweta has to travel a lot for her art work. Anshuman has grown up to be a fine gentleman with a degree in data analysis and works in a MNC. After Mr, Deepak passed away Shweta moved in with her son, her daughter-in-law, Sagnika and granddaughter Suparna. Shweta soon became ill and therefore bedridden for several months but continued her paintings. In those months, she never liked any person to meet her and mostly remained alone except for her help Sumitra. After she died Anshuman told Sumitra to clean up her room and throw away any rubbish that may be there. Sumitra found out some old clothes and jewelleries which she gave back to him and also found out her paintings- the good ones were hung up on the wall and the faded ones were discarded on the orders of Anshuman. So Sumitra took all the garbage to the municipality rubbish dump. Before finally dumping Sumitra decided to finally check all the bags to make sure that no valuables are thrown away and while doing so she found two beautiful paintings in between two sheets of paper in the stack of newspapers. She thought that Anshuman probably wouldn't want this old painting back, especially because it was torn in several places and the colour was fading. Sumitra liked the paintings very much and as a sign of her master she took the painting home, mounted it on a wooden frame and hung it on the wall of her drawing room. She was completely unaware of the fact that the painting was an old 'masterpiece, and worth twenty thousand rupees. Before mounting the painting, Sumitra made some modifications do it does not get torn from the sides. By doing so, she made its professional 'restoration very difficult and thereby reduced its value by half. Malti, a jealous neighbour of Sumitra, came to know that the painting belonged to Anshuman. With the motive of returning the painting to him, Malti climbed through an open window into to barge into Sumitra's room when she was away one afternoon and removed the painting from her house.Q. If Sumitra had discovered the painting before leaving house of Anshuman rather than at the rubbish dump, would she have been guilty of theft in this case?... more
Directions: Read the following passage and answer the question.
Apart from offences relating to humans, state, marriage and public tranquillity, the Indian Penal Code contains. offences against properties also. Chapter 1717 of the Code contains these provisions. Such offences include crimes like theft, extortion, robbery, dacoity and other aggravated forms of these crimes. Theft under IPC is generally the most basic and common offence against properties.
Section 378378 of the IPC defines theft as, "Whoever, intending to take dishonestly any movable property out of the possession of any person without that person's consent, moves that property to such taking, is said to commit theft".
Shweta Tiwari is an excellent artist and is married to one named Deepak Tiwari who owns a factory. They have a son Anshuman and is taken care of by a nanny, Puja because Shweta has to travel a lot for her art work. Anshuman has grown up to be a fine gentleman with a degree in data analysis and works in a MNC. After Mr, Deepak passed away Shweta moved in with her son, her daughter-in-law, Sagnika and granddaughter Suparna. Shweta soon became ill and therefore bedridden for several months but continued her paintings. In those months, she never liked any person to meet her and mostly remained alone except for her help Sumitra. After she died Anshuman told Sumitra to clean up her room and throw away any rubbish that may be there. Sumitra found out some old clothes and jewelleries which she gave back to him and also found out her paintings- the good ones were hung up on the wall and the faded ones were discarded on the orders of Anshuman. So Sumitra took all the garbage to the municipality rubbish dump. Before finally dumping Sumitra decided to finally check all the bags to make sure that no valuables are thrown away and while doing so she found two beautiful paintings in between two sheets of paper in the stack of newspapers. She thought that Anshuman probably wouldn't want this old painting back, especially because it was torn in several places and the colour was fading. Sumitra liked the paintings very much and as a sign of her master she took the painting home, mounted it on a wooden frame and hung it on the wall of her drawing room. She was completely unaware of the fact that the painting was an old 'masterpiece, and worth twenty thousand rupees. Before mounting the painting, Sumitra made some modifications do it does not get torn from the sides. By doing so, she made its professional 'restoration very difficult and thereby reduced its value by half. Malti, a jealous neighbour of Sumitra, came to know that the painting belonged to Anshuman. With the motive of returning the painting to him, Malti climbed through an open window into to barge into Sumitra's room when she was away one afternoon and removed the painting from her house.
Q. If Sumitra had discovered the painting before leaving house of Anshuman rather than at the rubbish dump, would she have been guilty of theft in this case?
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Glance Learning Institute answered |
According to question , this option is the appropriate answer,
Since, Anshuman told Sumitra to clean up her room and throw away any rubbish that may be there.She found out her paintings- the good ones were hung up on the wall and the faded ones were discarded on the orders of Anshuman. So Sumitra took all the garbage to the municipality rubbish dump. Before finally dumping Sumitra decided to finally check all the bags to make sure that no valuables are thrown away and while doing so she found two beautiful paintings in between two sheets of paper in the stack of newspapers. She thought that Anshuman probably wouldn't want this old painting back, especially because it was torn in several places and the colour was fading. Sumitra liked the paintings very much and as a sign of her master she took the painting home, mounted it on a wooden frame and hung it on the wall of her drawing room. She was completely unaware of the fact that the painting was an old 'masterpiece, and worth twenty thousand rupees. Before mounting the painting, Sumitra made some modifications do it does not get torn from the sides. By doing so, she made its professional 'restoration very difficult and thereby reduced its value by half.
Since he ordered her to dump her.
Hence, the correct answer is No, she would be guilty of theft of the painting as Anshuman had already told her to dump it.
Directions: Read the following passage and answer the question.Apart from offences relating to humans, state, marriage and public tranquillity, the Indian Penal Code contains. offences against properties also. Chapter 1717 of the Code contains these provisions. Such offences include crimes like theft, extortion, robbery, dacoity and other aggravated forms of these crimes. Theft under IPC is generally the most basic and common offence against properties.Section 378378 of the IPC defines theft as, "Whoever, intending to take dishonestly any movable property out of the possession of any person without that person's consent, moves that property to such taking, is said to commit theft".Shweta Tiwari is an excellent artist and is married to one named Deepak Tiwari who owns a factory. They have a son Anshuman and is taken care of by a nanny, Puja because Shweta has to travel a lot for her art work. Anshuman has grown up to be a fine gentleman with a degree in data analysis and works in a MNC. After Mr, Deepak passed away Shweta moved in with her son, her daughter-in-law, Sagnika and granddaughter Suparna. Shweta soon became ill and therefore bedridden for several months but continued her paintings. In those months, she never liked any person to meet her and mostly remained alone except for her help Sumitra. After she died Anshuman told Sumitra to clean up her room and throw away any rubbish that may be there. Sumitra found out some old clothes and jewelleries which she gave back to him and also found out her paintings- the good ones were hung up on the wall and the faded ones were discarded on the orders of Anshuman. So Sumitra took all the garbage to the municipality rubbish dump. Before finally dumping Sumitra decided to finally check all the bags to make sure that no valuables are thrown away and while doing so she found two beautiful paintings in between two sheets of paper in the stack of newspapers. She thought that Anshuman probably wouldn't want this old painting back, especially because it was torn in several places and the colour was fading. Sumitra liked the paintings very much and as a sign of her master she took the painting home, mounted it on a wooden frame and hung it on the wall of her drawing room. She was completely unaware of the fact that the painting was an old 'masterpiece, and worth twenty thousand rupees. Before mounting the painting, Sumitra made some modifications do it does not get torn from the sides. By doing so, she made its professional 'restoration very difficult and thereby reduced its value by half. Malti, a jealous neighbour of Sumitra, came to know that the painting belonged to Anshuman. With the motive of returning the painting to him, Malti climbed through an open window into to barge into Sumitra's room when she was away one afternoon and removed the painting from her house.Q. Has Sumitra committed theft?... more
Directions: Read the following passage and answer the question.
Apart from offences relating to humans, state, marriage and public tranquillity, the Indian Penal Code contains. offences against properties also. Chapter 1717 of the Code contains these provisions. Such offences include crimes like theft, extortion, robbery, dacoity and other aggravated forms of these crimes. Theft under IPC is generally the most basic and common offence against properties.
Section 378378 of the IPC defines theft as, "Whoever, intending to take dishonestly any movable property out of the possession of any person without that person's consent, moves that property to such taking, is said to commit theft".
Shweta Tiwari is an excellent artist and is married to one named Deepak Tiwari who owns a factory. They have a son Anshuman and is taken care of by a nanny, Puja because Shweta has to travel a lot for her art work. Anshuman has grown up to be a fine gentleman with a degree in data analysis and works in a MNC. After Mr, Deepak passed away Shweta moved in with her son, her daughter-in-law, Sagnika and granddaughter Suparna. Shweta soon became ill and therefore bedridden for several months but continued her paintings. In those months, she never liked any person to meet her and mostly remained alone except for her help Sumitra. After she died Anshuman told Sumitra to clean up her room and throw away any rubbish that may be there. Sumitra found out some old clothes and jewelleries which she gave back to him and also found out her paintings- the good ones were hung up on the wall and the faded ones were discarded on the orders of Anshuman. So Sumitra took all the garbage to the municipality rubbish dump. Before finally dumping Sumitra decided to finally check all the bags to make sure that no valuables are thrown away and while doing so she found two beautiful paintings in between two sheets of paper in the stack of newspapers. She thought that Anshuman probably wouldn't want this old painting back, especially because it was torn in several places and the colour was fading. Sumitra liked the paintings very much and as a sign of her master she took the painting home, mounted it on a wooden frame and hung it on the wall of her drawing room. She was completely unaware of the fact that the painting was an old 'masterpiece, and worth twenty thousand rupees. Before mounting the painting, Sumitra made some modifications do it does not get torn from the sides. By doing so, she made its professional 'restoration very difficult and thereby reduced its value by half. Malti, a jealous neighbour of Sumitra, came to know that the painting belonged to Anshuman. With the motive of returning the painting to him, Malti climbed through an open window into to barge into Sumitra's room when she was away one afternoon and removed the painting from her house.
Q. Has Sumitra committed theft?
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EduRev CLAT answered |
Sumitra has not commited the crime as his master asked her to dump everything. He thougt the paintings are worthless or of zero value.
Hence, the correct answer is No, Sumitra has not committed theft because she had taken painting on consent of Anshuman.
Directions: Read the following passage and answer the question.Apart from offences relating to humans, state, marriage and public tranquillity, the Indian Penal Code contains. offences against properties also. Chapter 1717 of the Code contains these provisions. Such offences include crimes like theft, extortion, robbery, dacoity and other aggravated forms of these crimes. Theft under IPC is generally the most basic and common offence against properties.Section 378378 of the IPC defines theft as, "Whoever, intending to take dishonestly any movable property out of the possession of any person without that person's consent, moves that property to such taking, is said to commit theft".Shweta Tiwari is an excellent artist and is married to one named Deepak Tiwari who owns a factory. They have a son Anshuman and is taken care of by a nanny, Puja because Shweta has to travel a lot for her art work. Anshuman has grown up to be a fine gentleman with a degree in data analysis and works in a MNC. After Mr, Deepak passed away Shweta moved in with her son, her daughter-in-law, Sagnika and granddaughter Suparna. Shweta soon became ill and therefore bedridden for several months but continued her paintings. In those months, she never liked any person to meet her and mostly remained alone except for her help Sumitra. After she died Anshuman told Sumitra to clean up her room and throw away any rubbish that may be there. Sumitra found out some old clothes and jewelleries which she gave back to him and also found out her paintings- the good ones were hung up on the wall and the faded ones were discarded on the orders of Anshuman. So Sumitra took all the garbage to the municipality rubbish dump. Before finally dumping Sumitra decided to finally check all the bags to make sure that no valuables are thrown away and while doing so she found two beautiful paintings in between two sheets of paper in the stack of newspapers. She thought that Anshuman probably wouldn't want this old painting back, especially because it was torn in several places and the colour was fading. Sumitra liked the paintings very much and as a sign of her master she took the painting home, mounted it on a wooden frame and hung it on the wall of her drawing room. She was completely unaware of the fact that the painting was an old 'masterpiece, and worth twenty thousand rupees. Before mounting the painting, Sumitra made some modifications do it does not get torn from the sides. By doing so, she made its professional 'restoration very difficult and thereby reduced its value by half. Malti, a jealous neighbour of Sumitra, came to know that the painting belonged to Anshuman. With the motive of returning the painting to him, Malti climbed through an open window into to barge into Sumitra's room when she was away one afternoon and removed the painting from her house.Q. Is Malti guilty of theft?... more
Directions: Read the following passage and answer the question.
Apart from offences relating to humans, state, marriage and public tranquillity, the Indian Penal Code contains. offences against properties also. Chapter 1717 of the Code contains these provisions. Such offences include crimes like theft, extortion, robbery, dacoity and other aggravated forms of these crimes. Theft under IPC is generally the most basic and common offence against properties.
Section 378378 of the IPC defines theft as, "Whoever, intending to take dishonestly any movable property out of the possession of any person without that person's consent, moves that property to such taking, is said to commit theft".
Shweta Tiwari is an excellent artist and is married to one named Deepak Tiwari who owns a factory. They have a son Anshuman and is taken care of by a nanny, Puja because Shweta has to travel a lot for her art work. Anshuman has grown up to be a fine gentleman with a degree in data analysis and works in a MNC. After Mr, Deepak passed away Shweta moved in with her son, her daughter-in-law, Sagnika and granddaughter Suparna. Shweta soon became ill and therefore bedridden for several months but continued her paintings. In those months, she never liked any person to meet her and mostly remained alone except for her help Sumitra. After she died Anshuman told Sumitra to clean up her room and throw away any rubbish that may be there. Sumitra found out some old clothes and jewelleries which she gave back to him and also found out her paintings- the good ones were hung up on the wall and the faded ones were discarded on the orders of Anshuman. So Sumitra took all the garbage to the municipality rubbish dump. Before finally dumping Sumitra decided to finally check all the bags to make sure that no valuables are thrown away and while doing so she found two beautiful paintings in between two sheets of paper in the stack of newspapers. She thought that Anshuman probably wouldn't want this old painting back, especially because it was torn in several places and the colour was fading. Sumitra liked the paintings very much and as a sign of her master she took the painting home, mounted it on a wooden frame and hung it on the wall of her drawing room. She was completely unaware of the fact that the painting was an old 'masterpiece, and worth twenty thousand rupees. Before mounting the painting, Sumitra made some modifications do it does not get torn from the sides. By doing so, she made its professional 'restoration very difficult and thereby reduced its value by half. Malti, a jealous neighbour of Sumitra, came to know that the painting belonged to Anshuman. With the motive of returning the painting to him, Malti climbed through an open window into to barge into Sumitra's room when she was away one afternoon and removed the painting from her house.
Q. Is Malti guilty of theft?
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EduRev CLAT answered |
According to question , this option is the appropriate answer,
According to section 378378, IPC defines theft as, "Whoever, intending to take dishonestly any movable property out of the possession of any person without that person's consent, moves that property to such taking, is said to commit theft".
Malti intentionally did this.
Hence, the correct answer is Yes, Malti is guilty of theft as she took the painting out of the house of Sumitra without her consent.
Directions: Read the following passage and answer the question.Apart from offences relating to humans, state, marriage and public tranquillity, the Indian Penal Code contains. offences against properties also. Chapter 1717 of the Code contains these provisions. Such offences include crimes like theft, extortion, robbery, dacoity and other aggravated forms of these crimes. Theft under IPC is generally the most basic and common offence against properties.Section 378378 of the IPC defines theft as, "Whoever, intending to take dishonestly any movable property out of the possession of any person without that person's consent, moves that property to such taking, is said to commit theft".Shweta Tiwari is an excellent artist and is married to one named Deepak Tiwari who owns a factory. They have a son Anshuman and is taken care of by a nanny, Puja because Shweta has to travel a lot for her art work. Anshuman has grown up to be a fine gentleman with a degree in data analysis and works in a MNC. After Mr, Deepak passed away Shweta moved in with her son, her daughter-in-law, Sagnika and granddaughter Suparna. Shweta soon became ill and therefore bedridden for several months but continued her paintings. In those months, she never liked any person to meet her and mostly remained alone except for her help Sumitra. After she died Anshuman told Sumitra to clean up her room and throw away any rubbish that may be there. Sumitra found out some old clothes and jewelleries which she gave back to him and also found out her paintings- the good ones were hung up on the wall and the faded ones were discarded on the orders of Anshuman. So Sumitra took all the garbage to the municipality rubbish dump. Before finally dumping Sumitra decided to finally check all the bags to make sure that no valuables are thrown away and while doing so she found two beautiful paintings in between two sheets of paper in the stack of newspapers. She thought that Anshuman probably wouldn't want this old painting back, especially because it was torn in several places and the colour was fading. Sumitra liked the paintings very much and as a sign of her master she took the painting home, mounted it on a wooden frame and hung it on the wall of her drawing room. She was completely unaware of the fact that the painting was an old 'masterpiece, and worth twenty thousand rupees. Before mounting the painting, Sumitra made some modifications do it does not get torn from the sides. By doing so, she made its professional 'restoration very difficult and thereby reduced its value by half. Malti, a jealous neighbour of Sumitra, came to know that the painting belonged to Anshuman. With the motive of returning the painting to him, Malti climbed through an open window into to barge into Sumitra's room when she was away one afternoon and removed the painting from her house.Q. Is Sumitra guilty of criminal offence?... more
Directions: Read the following passage and answer the question.
Apart from offences relating to humans, state, marriage and public tranquillity, the Indian Penal Code contains. offences against properties also. Chapter 1717 of the Code contains these provisions. Such offences include crimes like theft, extortion, robbery, dacoity and other aggravated forms of these crimes. Theft under IPC is generally the most basic and common offence against properties.
Section 378378 of the IPC defines theft as, "Whoever, intending to take dishonestly any movable property out of the possession of any person without that person's consent, moves that property to such taking, is said to commit theft".
Shweta Tiwari is an excellent artist and is married to one named Deepak Tiwari who owns a factory. They have a son Anshuman and is taken care of by a nanny, Puja because Shweta has to travel a lot for her art work. Anshuman has grown up to be a fine gentleman with a degree in data analysis and works in a MNC. After Mr, Deepak passed away Shweta moved in with her son, her daughter-in-law, Sagnika and granddaughter Suparna. Shweta soon became ill and therefore bedridden for several months but continued her paintings. In those months, she never liked any person to meet her and mostly remained alone except for her help Sumitra. After she died Anshuman told Sumitra to clean up her room and throw away any rubbish that may be there. Sumitra found out some old clothes and jewelleries which she gave back to him and also found out her paintings- the good ones were hung up on the wall and the faded ones were discarded on the orders of Anshuman. So Sumitra took all the garbage to the municipality rubbish dump. Before finally dumping Sumitra decided to finally check all the bags to make sure that no valuables are thrown away and while doing so she found two beautiful paintings in between two sheets of paper in the stack of newspapers. She thought that Anshuman probably wouldn't want this old painting back, especially because it was torn in several places and the colour was fading. Sumitra liked the paintings very much and as a sign of her master she took the painting home, mounted it on a wooden frame and hung it on the wall of her drawing room. She was completely unaware of the fact that the painting was an old 'masterpiece, and worth twenty thousand rupees. Before mounting the painting, Sumitra made some modifications do it does not get torn from the sides. By doing so, she made its professional 'restoration very difficult and thereby reduced its value by half. Malti, a jealous neighbour of Sumitra, came to know that the painting belonged to Anshuman. With the motive of returning the painting to him, Malti climbed through an open window into to barge into Sumitra's room when she was away one afternoon and removed the painting from her house.
Q. Is Sumitra guilty of criminal offence?
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Notes Wala answered |
According to question , this option is the appropriate answer,
Anshunan asked her to throw everything and she didn't have any information about the value of painting.
So, it was not her intention.
Hence, the correct answer is No, she is not guilty of criminal offence as she did not intentionally impair the value of the painting.
Directions: Read the following passage and answer the question.The COVID-1919 pandemic damage is taking the bottom out of commercial contracts. It is becoming commercially impracticable to perform such contracts. Is the pandemic an 'act of god' ? Does it amount to a force majeure event ? Has it made performance impossible ? Is a party to a contract relieved from its obligation to perform, as the COVID-1919 instigated lockdown amounts to a material adverse event ? What will be the economic consequences if we default on our obligations and commit a breach ?To perform such contracts, on the other hand, is to invite financial disaster. Like Hamlet, to perform or not to perform is the question agitating the minds of CEO's, CFO's and general counsel of India's corporates. Long term commitments to purchase goods or render services have suddenly become commercially unveil. The coveted acquisition that seemed so lucrative has turned into a nightmare. A single breach may trigger several such breaches through multiple, interlinked contracts. Corporate reputations and carefully cultivated long-term business relationships are at stake.Request for extending time and forbearance in performance will soon turn into nasty correspondence and, subsequently, legal notices being exchanged. Most of these contracts contain an arbitration clause, with reference to a three-member arbitral tribunal. If the counterparty to the dispute is not interested in expeditious disposal, the constitution of such tribunal itself can be a long drawn-out affair. Meanwhile, if interim orders are required to be obtained, the parties will be compelled to approach a court of law. This translates into multiple legal proceedings before different fora, and mounting cost of litigation.Cash flows are the biggest victims of this crisis. At the same time, when commercial stakes are so high, most corporates would like to avail of the best possible professional assistance. Success fees are not legally permissible in India. At the same time, law firms can't be expected to provide credit to clients for work done as also third-party liability like payment of fees to senior counsel.To compound matters, the jurisprudence on the subject in India is hardly enlightening. If there is no express provision in the contract for force majeure, Indian law ordinarily does not imply such a clause. The same goes for material adverse change (MAC) clauses in a contract. The doctrine of commercial impracticability to perform a contract, developed under New York law, has not found much favour with the Indian Supreme Court. The legal outcome of such disputes is, therefore, anybody's guess.Needless to add, the time taken in arriving at a final determination of such a dispute can be horrendously long. Even if an arbitral tribunal publishes its award fairly quickly, challenges to such an award before the high court and the Supreme Court are inevitable.The privy council has caustically observed that the trouble of a litigant in India begins when he gets hold of a decree. To implement or execute such a judgment is another long-drawn-out process. In this Kafkaesque scenario, the litigants could well become sick or insolvent. In these circumstances, is there a practical commercial solution before a corporate embarks upon a highly unproductive litigation? Courts highly encourage mediation.Unlike arbitration, mediation is not legally binding. However, in the current scenario, formal mediation may not work so effectively. Disputing parties to a contract may, instead, explore obtaining a dispassionate view of the dispute from a seasoned person having commercial experience and knowledge, not necessarily a lawyer. What is required is a creative commercial solution to the dispute. Courts do not rewrite contracts for the parties.However, such an informal mediator can rewrite and redesign the contract that causes minimal damage or disruption to both disputing parties. Of course, if such a mediation effort fails, the contracting parties are at liberty to litigate. Such an exercise is bound to narrow differences and result in a solution that may have escaped both the contracting parties.Q. Why is it so that the trouble of a litigant in India begins when he gets hold of a decree ?... more
Directions: Read the following passage and answer the question.
The COVID-1919 pandemic damage is taking the bottom out of commercial contracts. It is becoming commercially impracticable to perform such contracts. Is the pandemic an 'act of god' ? Does it amount to a force majeure event ? Has it made performance impossible ? Is a party to a contract relieved from its obligation to perform, as the COVID-1919 instigated lockdown amounts to a material adverse event ? What will be the economic consequences if we default on our obligations and commit a breach ?
To perform such contracts, on the other hand, is to invite financial disaster. Like Hamlet, to perform or not to perform is the question agitating the minds of CEO's, CFO's and general counsel of India's corporates. Long term commitments to purchase goods or render services have suddenly become commercially unveil. The coveted acquisition that seemed so lucrative has turned into a nightmare. A single breach may trigger several such breaches through multiple, interlinked contracts. Corporate reputations and carefully cultivated long-term business relationships are at stake.
Request for extending time and forbearance in performance will soon turn into nasty correspondence and, subsequently, legal notices being exchanged. Most of these contracts contain an arbitration clause, with reference to a three-member arbitral tribunal. If the counterparty to the dispute is not interested in expeditious disposal, the constitution of such tribunal itself can be a long drawn-out affair. Meanwhile, if interim orders are required to be obtained, the parties will be compelled to approach a court of law. This translates into multiple legal proceedings before different fora, and mounting cost of litigation.
Cash flows are the biggest victims of this crisis. At the same time, when commercial stakes are so high, most corporates would like to avail of the best possible professional assistance. Success fees are not legally permissible in India. At the same time, law firms can't be expected to provide credit to clients for work done as also third-party liability like payment of fees to senior counsel.
To compound matters, the jurisprudence on the subject in India is hardly enlightening. If there is no express provision in the contract for force majeure, Indian law ordinarily does not imply such a clause. The same goes for material adverse change (MAC) clauses in a contract. The doctrine of commercial impracticability to perform a contract, developed under New York law, has not found much favour with the Indian Supreme Court. The legal outcome of such disputes is, therefore, anybody's guess.
Needless to add, the time taken in arriving at a final determination of such a dispute can be horrendously long. Even if an arbitral tribunal publishes its award fairly quickly, challenges to such an award before the high court and the Supreme Court are inevitable.
The privy council has caustically observed that the trouble of a litigant in India begins when he gets hold of a decree. To implement or execute such a judgment is another long-drawn-out process. In this Kafkaesque scenario, the litigants could well become sick or insolvent. In these circumstances, is there a practical commercial solution before a corporate embarks upon a highly unproductive litigation? Courts highly encourage mediation.
Unlike arbitration, mediation is not legally binding. However, in the current scenario, formal mediation may not work so effectively. Disputing parties to a contract may, instead, explore obtaining a dispassionate view of the dispute from a seasoned person having commercial experience and knowledge, not necessarily a lawyer. What is required is a creative commercial solution to the dispute. Courts do not rewrite contracts for the parties.
However, such an informal mediator can rewrite and redesign the contract that causes minimal damage or disruption to both disputing parties. Of course, if such a mediation effort fails, the contracting parties are at liberty to litigate. Such an exercise is bound to narrow differences and result in a solution that may have escaped both the contracting parties.
Q. Why is it so that the trouble of a litigant in India begins when he gets hold of a decree ?
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Notes Wala answered |
The expression ‘execution' means enforcement or implementation of the order or judgement passed by the Court. A Decree means an operation or conclusiveness of a judgement and the execution of a Decree is complete when the decree-holder gets satisfied as to its enforcement against the judgement-debtor. The executing court cannot question the validity of a Decree or entertain an objection as to the ... more
Directions: Read the following passage and answer the question.The COVID-1919 pandemic damage is taking the bottom out of commercial contracts. It is becoming commercially impracticable to perform such contracts. Is the pandemic an 'act of god' ? Does it amount to a force majeure event ? Has it made performance impossible ? Is a party to a contract relieved from its obligation to perform, as the COVID-1919 instigated lockdown amounts to a material adverse event ? What will be the economic consequences if we default on our obligations and commit a breach ?To perform such contracts, on the other hand, is to invite financial disaster. Like Hamlet, to perform or not to perform is the question agitating the minds of CEO's, CFO's and general counsel of India's corporates. Long term commitments to purchase goods or render services have suddenly become commercially unveil. The coveted acquisition that seemed so lucrative has turned into a nightmare. A single breach may trigger several such breaches through multiple, interlinked contracts. Corporate reputations and carefully cultivated long-term business relationships are at stake.Request for extending time and forbearance in performance will soon turn into nasty correspondence and, subsequently, legal notices being exchanged. Most of these contracts contain an arbitration clause, with reference to a three-member arbitral tribunal. If the counterparty to the dispute is not interested in expeditious disposal, the constitution of such tribunal itself can be a long drawn-out affair. Meanwhile, if interim orders are required to be obtained, the parties will be compelled to approach a court of law. This translates into multiple legal proceedings before different fora, and mounting cost of litigation.Cash flows are the biggest victims of this crisis. At the same time, when commercial stakes are so high, most corporates would like to avail of the best possible professional assistance. Success fees are not legally permissible in India. At the same time, law firms can't be expected to provide credit to clients for work done as also third-party liability like payment of fees to senior counsel.To compound matters, the jurisprudence on the subject in India is hardly enlightening. If there is no express provision in the contract for force majeure, Indian law ordinarily does not imply such a clause. The same goes for material adverse change (MAC) clauses in a contract. The doctrine of commercial impracticability to perform a contract, developed under New York law, has not found much favour with the Indian Supreme Court. The legal outcome of such disputes is, therefore, anybody's guess.Needless to add, the time taken in arriving at a final determination of such a dispute can be horrendously long. Even if an arbitral tribunal publishes its award fairly quickly, challenges to such an award before the high court and the Supreme Court are inevitable.The privy council has caustically observed that the trouble of a litigant in India begins when he gets hold of a decree. To implement or execute such a judgment is another long-drawn-out process. In this Kafkaesque scenario, the litigants could well become sick or insolvent. In these circumstances, is there a practical commercial solution before a corporate embarks upon a highly unproductive litigation? Courts highly encourage mediation.Unlike arbitration, mediation is not legally binding. However, in the current scenario, formal mediation may not work so effectively. Disputing parties to a contract may, instead, explore obtaining a dispassionate view of the dispute from a seasoned person having commercial experience and knowledge, not necessarily a lawyer. What is required is a creative commercial solution to the dispute. Courts do not rewrite contracts for the parties.However, such an informal mediator can rewrite and redesign the contract that causes minimal damage or disruption to both disputing parties. Of course, if such a mediation effort fails, the contracting parties are at liberty to litigate. Such an exercise is bound to narrow differences and result in a solution that may have escaped both the contracting parties.Q. Which of the following creative commercial solution is provided by the writer to the parties ?... more
Directions: Read the following passage and answer the question.
The COVID-1919 pandemic damage is taking the bottom out of commercial contracts. It is becoming commercially impracticable to perform such contracts. Is the pandemic an 'act of god' ? Does it amount to a force majeure event ? Has it made performance impossible ? Is a party to a contract relieved from its obligation to perform, as the COVID-1919 instigated lockdown amounts to a material adverse event ? What will be the economic consequences if we default on our obligations and commit a breach ?
To perform such contracts, on the other hand, is to invite financial disaster. Like Hamlet, to perform or not to perform is the question agitating the minds of CEO's, CFO's and general counsel of India's corporates. Long term commitments to purchase goods or render services have suddenly become commercially unveil. The coveted acquisition that seemed so lucrative has turned into a nightmare. A single breach may trigger several such breaches through multiple, interlinked contracts. Corporate reputations and carefully cultivated long-term business relationships are at stake.
Request for extending time and forbearance in performance will soon turn into nasty correspondence and, subsequently, legal notices being exchanged. Most of these contracts contain an arbitration clause, with reference to a three-member arbitral tribunal. If the counterparty to the dispute is not interested in expeditious disposal, the constitution of such tribunal itself can be a long drawn-out affair. Meanwhile, if interim orders are required to be obtained, the parties will be compelled to approach a court of law. This translates into multiple legal proceedings before different fora, and mounting cost of litigation.
Cash flows are the biggest victims of this crisis. At the same time, when commercial stakes are so high, most corporates would like to avail of the best possible professional assistance. Success fees are not legally permissible in India. At the same time, law firms can't be expected to provide credit to clients for work done as also third-party liability like payment of fees to senior counsel.
To compound matters, the jurisprudence on the subject in India is hardly enlightening. If there is no express provision in the contract for force majeure, Indian law ordinarily does not imply such a clause. The same goes for material adverse change (MAC) clauses in a contract. The doctrine of commercial impracticability to perform a contract, developed under New York law, has not found much favour with the Indian Supreme Court. The legal outcome of such disputes is, therefore, anybody's guess.
Needless to add, the time taken in arriving at a final determination of such a dispute can be horrendously long. Even if an arbitral tribunal publishes its award fairly quickly, challenges to such an award before the high court and the Supreme Court are inevitable.
The privy council has caustically observed that the trouble of a litigant in India begins when he gets hold of a decree. To implement or execute such a judgment is another long-drawn-out process. In this Kafkaesque scenario, the litigants could well become sick or insolvent. In these circumstances, is there a practical commercial solution before a corporate embarks upon a highly unproductive litigation? Courts highly encourage mediation.
Unlike arbitration, mediation is not legally binding. However, in the current scenario, formal mediation may not work so effectively. Disputing parties to a contract may, instead, explore obtaining a dispassionate view of the dispute from a seasoned person having commercial experience and knowledge, not necessarily a lawyer. What is required is a creative commercial solution to the dispute. Courts do not rewrite contracts for the parties.
However, such an informal mediator can rewrite and redesign the contract that causes minimal damage or disruption to both disputing parties. Of course, if such a mediation effort fails, the contracting parties are at liberty to litigate. Such an exercise is bound to narrow differences and result in a solution that may have escaped both the contracting parties.
Q. Which of the following creative commercial solution is provided by the writer to the parties ?
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Future Foundation Institute answered |
This is the correct option for the given question.
Practical commercial solution before a corporate embarks upon a highly unproductive litigation. Court encourages mediation.Unlike arbitration, mediation is not legally binding. Formal mediation may not work so effectively. In this case However, such an informal mediator can rewrite and redesign the contract that causes minimal damage or disruption to both disputing parties.
Therefore, the correct answer is Parties should opt for rewriting of contracts through an informal mediator.
Directions: Read the following passage and answer the question.The COVID-1919 pandemic damage is taking the bottom out of commercial contracts. It is becoming commercially impracticable to perform such contracts. Is the pandemic an 'act of god' ? Does it amount to a force majeure event ? Has it made performance impossible ? Is a party to a contract relieved from its obligation to perform, as the COVID-1919 instigated lockdown amounts to a material adverse event ? What will be the economic consequences if we default on our obligations and commit a breach ?To perform such contracts, on the other hand, is to invite financial disaster. Like Hamlet, to perform or not to perform is the question agitating the minds of CEO's, CFO's and general counsel of India's corporates. Long term commitments to purchase goods or render services have suddenly become commercially unveil. The coveted acquisition that seemed so lucrative has turned into a nightmare. A single breach may trigger several such breaches through multiple, interlinked contracts. Corporate reputations and carefully cultivated long-term business relationships are at stake.Request for extending time and forbearance in performance will soon turn into nasty correspondence and, subsequently, legal notices being exchanged. Most of these contracts contain an arbitration clause, with reference to a three-member arbitral tribunal. If the counterparty to the dispute is not interested in expeditious disposal, the constitution of such tribunal itself can be a long drawn-out affair. Meanwhile, if interim orders are required to be obtained, the parties will be compelled to approach a court of law. This translates into multiple legal proceedings before different fora, and mounting cost of litigation.Cash flows are the biggest victims of this crisis. At the same time, when commercial stakes are so high, most corporates would like to avail of the best possible professional assistance. Success fees are not legally permissible in India. At the same time, law firms can't be expected to provide credit to clients for work done as also third-party liability like payment of fees to senior counsel.To compound matters, the jurisprudence on the subject in India is hardly enlightening. If there is no express provision in the contract for force majeure, Indian law ordinarily does not imply such a clause. The same goes for material adverse change (MAC) clauses in a contract. The doctrine of commercial impracticability to perform a contract, developed under New York law, has not found much favour with the Indian Supreme Court. The legal outcome of such disputes is, therefore, anybody's guess.Needless to add, the time taken in arriving at a final determination of such a dispute can be horrendously long. Even if an arbitral tribunal publishes its award fairly quickly, challenges to such an award before the high court and the Supreme Court are inevitable.The privy council has caustically observed that the trouble of a litigant in India begins when he gets hold of a decree. To implement or execute such a judgment is another long-drawn-out process. In this Kafkaesque scenario, the litigants could well become sick or insolvent. In these circumstances, is there a practical commercial solution before a corporate embarks upon a highly unproductive litigation? Courts highly encourage mediation.Unlike arbitration, mediation is not legally binding. However, in the current scenario, formal mediation may not work so effectively. Disputing parties to a contract may, instead, explore obtaining a dispassionate view of the dispute from a seasoned person having commercial experience and knowledge, not necessarily a lawyer. What is required is a creative commercial solution to the dispute. Courts do not rewrite contracts for the parties.However, such an informal mediator can rewrite and redesign the contract that causes minimal damage or disruption to both disputing parties. Of course, if such a mediation effort fails, the contracting parties are at liberty to litigate. Such an exercise is bound to narrow differences and result in a solution that may have escaped both the contracting parties.Q. What is the main issue discussed in this passage ?... more
Directions: Read the following passage and answer the question.
The COVID-1919 pandemic damage is taking the bottom out of commercial contracts. It is becoming commercially impracticable to perform such contracts. Is the pandemic an 'act of god' ? Does it amount to a force majeure event ? Has it made performance impossible ? Is a party to a contract relieved from its obligation to perform, as the COVID-1919 instigated lockdown amounts to a material adverse event ? What will be the economic consequences if we default on our obligations and commit a breach ?
To perform such contracts, on the other hand, is to invite financial disaster. Like Hamlet, to perform or not to perform is the question agitating the minds of CEO's, CFO's and general counsel of India's corporates. Long term commitments to purchase goods or render services have suddenly become commercially unveil. The coveted acquisition that seemed so lucrative has turned into a nightmare. A single breach may trigger several such breaches through multiple, interlinked contracts. Corporate reputations and carefully cultivated long-term business relationships are at stake.
Request for extending time and forbearance in performance will soon turn into nasty correspondence and, subsequently, legal notices being exchanged. Most of these contracts contain an arbitration clause, with reference to a three-member arbitral tribunal. If the counterparty to the dispute is not interested in expeditious disposal, the constitution of such tribunal itself can be a long drawn-out affair. Meanwhile, if interim orders are required to be obtained, the parties will be compelled to approach a court of law. This translates into multiple legal proceedings before different fora, and mounting cost of litigation.
Cash flows are the biggest victims of this crisis. At the same time, when commercial stakes are so high, most corporates would like to avail of the best possible professional assistance. Success fees are not legally permissible in India. At the same time, law firms can't be expected to provide credit to clients for work done as also third-party liability like payment of fees to senior counsel.
To compound matters, the jurisprudence on the subject in India is hardly enlightening. If there is no express provision in the contract for force majeure, Indian law ordinarily does not imply such a clause. The same goes for material adverse change (MAC) clauses in a contract. The doctrine of commercial impracticability to perform a contract, developed under New York law, has not found much favour with the Indian Supreme Court. The legal outcome of such disputes is, therefore, anybody's guess.
Needless to add, the time taken in arriving at a final determination of such a dispute can be horrendously long. Even if an arbitral tribunal publishes its award fairly quickly, challenges to such an award before the high court and the Supreme Court are inevitable.
The privy council has caustically observed that the trouble of a litigant in India begins when he gets hold of a decree. To implement or execute such a judgment is another long-drawn-out process. In this Kafkaesque scenario, the litigants could well become sick or insolvent. In these circumstances, is there a practical commercial solution before a corporate embarks upon a highly unproductive litigation? Courts highly encourage mediation.
Unlike arbitration, mediation is not legally binding. However, in the current scenario, formal mediation may not work so effectively. Disputing parties to a contract may, instead, explore obtaining a dispassionate view of the dispute from a seasoned person having commercial experience and knowledge, not necessarily a lawyer. What is required is a creative commercial solution to the dispute. Courts do not rewrite contracts for the parties.
However, such an informal mediator can rewrite and redesign the contract that causes minimal damage or disruption to both disputing parties. Of course, if such a mediation effort fails, the contracting parties are at liberty to litigate. Such an exercise is bound to narrow differences and result in a solution that may have escaped both the contracting parties.
Q. What is the main issue discussed in this passage ?
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S.S Career Academy answered |
This is the correct answer for the given question.
According to passage, COVID-19 Pandemic damage is taking the bottom out of commercial contracts. It is becoming commercially impracticable to perform such contracts.To perform such contracts is to invite financial disaster.
Therefore, the correct answer is Effect on commercial contracts due to pandemic COVID - along with some suggestions.
Directions: Read the following passage and answer the question.The COVID-1919 pandemic damage is taking the bottom out of commercial contracts. It is becoming commercially impracticable to perform such contracts. Is the pandemic an 'act of god' ? Does it amount to a force majeure event ? Has it made performance impossible ? Is a party to a contract relieved from its obligation to perform, as the COVID-1919 instigated lockdown amounts to a material adverse event ? What will be the economic consequences if we default on our obligations and commit a breach ?To perform such contracts, on the other hand, is to invite financial disaster. Like Hamlet, to perform or not to perform is the question agitating the minds of CEO's, CFO's and general counsel of India's corporates. Long term commitments to purchase goods or render services have suddenly become commercially unveil. The coveted acquisition that seemed so lucrative has turned into a nightmare. A single breach may trigger several such breaches through multiple, interlinked contracts. Corporate reputations and carefully cultivated long-term business relationships are at stake.Request for extending time and forbearance in performance will soon turn into nasty correspondence and, subsequently, legal notices being exchanged. Most of these contracts contain an arbitration clause, with reference to a three-member arbitral tribunal. If the counterparty to the dispute is not interested in expeditious disposal, the constitution of such tribunal itself can be a long drawn-out affair. Meanwhile, if interim orders are required to be obtained, the parties will be compelled to approach a court of law. This translates into multiple legal proceedings before different fora, and mounting cost of litigation.Cash flows are the biggest victims of this crisis. At the same time, when commercial stakes are so high, most corporates would like to avail of the best possible professional assistance. Success fees are not legally permissible in India. At the same time, law firms can't be expected to provide credit to clients for work done as also third-party liability like payment of fees to senior counsel.To compound matters, the jurisprudence on the subject in India is hardly enlightening. If there is no express provision in the contract for force majeure, Indian law ordinarily does not imply such a clause. The same goes for material adverse change (MAC) clauses in a contract. The doctrine of commercial impracticability to perform a contract, developed under New York law, has not found much favour with the Indian Supreme Court. The legal outcome of such disputes is, therefore, anybody's guess.Needless to add, the time taken in arriving at a final determination of such a dispute can be horrendously long. Even if an arbitral tribunal publishes its award fairly quickly, challenges to such an award before the high court and the Supreme Court are inevitable.The privy council has caustically observed that the trouble of a litigant in India begins when he gets hold of a decree. To implement or execute such a judgment is another long-drawn-out process. In this Kafkaesque scenario, the litigants could well become sick or insolvent. In these circumstances, is there a practical commercial solution before a corporate embarks upon a highly unproductive litigation? Courts highly encourage mediation.Unlike arbitration, mediation is not legally binding. However, in the current scenario, formal mediation may not work so effectively. Disputing parties to a contract may, instead, explore obtaining a dispassionate view of the dispute from a seasoned person having commercial experience and knowledge, not necessarily a lawyer. What is required is a creative commercial solution to the dispute. Courts do not rewrite contracts for the parties.However, such an informal mediator can rewrite and redesign the contract that causes minimal damage or disruption to both disputing parties. Of course, if such a mediation effort fails, the contracting parties are at liberty to litigate. Such an exercise is bound to narrow differences and result in a solution that may have escaped both the contracting parties.Q. Which of the following provisions have not found much importance in Indian Contract Law ?... more
Directions: Read the following passage and answer the question.
The COVID-1919 pandemic damage is taking the bottom out of commercial contracts. It is becoming commercially impracticable to perform such contracts. Is the pandemic an 'act of god' ? Does it amount to a force majeure event ? Has it made performance impossible ? Is a party to a contract relieved from its obligation to perform, as the COVID-1919 instigated lockdown amounts to a material adverse event ? What will be the economic consequences if we default on our obligations and commit a breach ?
To perform such contracts, on the other hand, is to invite financial disaster. Like Hamlet, to perform or not to perform is the question agitating the minds of CEO's, CFO's and general counsel of India's corporates. Long term commitments to purchase goods or render services have suddenly become commercially unveil. The coveted acquisition that seemed so lucrative has turned into a nightmare. A single breach may trigger several such breaches through multiple, interlinked contracts. Corporate reputations and carefully cultivated long-term business relationships are at stake.
Request for extending time and forbearance in performance will soon turn into nasty correspondence and, subsequently, legal notices being exchanged. Most of these contracts contain an arbitration clause, with reference to a three-member arbitral tribunal. If the counterparty to the dispute is not interested in expeditious disposal, the constitution of such tribunal itself can be a long drawn-out affair. Meanwhile, if interim orders are required to be obtained, the parties will be compelled to approach a court of law. This translates into multiple legal proceedings before different fora, and mounting cost of litigation.
Cash flows are the biggest victims of this crisis. At the same time, when commercial stakes are so high, most corporates would like to avail of the best possible professional assistance. Success fees are not legally permissible in India. At the same time, law firms can't be expected to provide credit to clients for work done as also third-party liability like payment of fees to senior counsel.
To compound matters, the jurisprudence on the subject in India is hardly enlightening. If there is no express provision in the contract for force majeure, Indian law ordinarily does not imply such a clause. The same goes for material adverse change (MAC) clauses in a contract. The doctrine of commercial impracticability to perform a contract, developed under New York law, has not found much favour with the Indian Supreme Court. The legal outcome of such disputes is, therefore, anybody's guess.
Needless to add, the time taken in arriving at a final determination of such a dispute can be horrendously long. Even if an arbitral tribunal publishes its award fairly quickly, challenges to such an award before the high court and the Supreme Court are inevitable.
The privy council has caustically observed that the trouble of a litigant in India begins when he gets hold of a decree. To implement or execute such a judgment is another long-drawn-out process. In this Kafkaesque scenario, the litigants could well become sick or insolvent. In these circumstances, is there a practical commercial solution before a corporate embarks upon a highly unproductive litigation? Courts highly encourage mediation.
Unlike arbitration, mediation is not legally binding. However, in the current scenario, formal mediation may not work so effectively. Disputing parties to a contract may, instead, explore obtaining a dispassionate view of the dispute from a seasoned person having commercial experience and knowledge, not necessarily a lawyer. What is required is a creative commercial solution to the dispute. Courts do not rewrite contracts for the parties.
However, such an informal mediator can rewrite and redesign the contract that causes minimal damage or disruption to both disputing parties. Of course, if such a mediation effort fails, the contracting parties are at liberty to litigate. Such an exercise is bound to narrow differences and result in a solution that may have escaped both the contracting parties.
Q. Which of the following provisions have not found much importance in Indian Contract Law ?
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S.S Career Academy answered |
The doctrine of commercial impracticability arises when a party cannot perform their obligations under the contract due to an uncontrollable event that makes it extremely difficult (but not impossible) to perform.If both the parties subsequently cannot agree to alter the terms of the contract, or cancel the contract, it becomes necessary to prove to a court the commercial impracticability of performing the specific obligations under the contract.
Hence, this is the correct answer.
Directions: Read the following passage and answer the question.The COVID-1919 pandemic damage is taking the bottom out of commercial contracts. It is becoming commercially impracticable to perform such contracts. Is the pandemic an 'act of god' ? Does it amount to a force majeure event ? Has it made performance impossible ? Is a party to a contract relieved from its obligation to perform, as the COVID-1919 instigated lockdown amounts to a material adverse event ? What will be the economic consequences if we default on our obligations and commit a breach ?To perform such contracts, on the other hand, is to invite financial disaster. Like Hamlet, to perform or not to perform is the question agitating the minds of CEO's, CFO's and general counsel of India's corporates. Long term commitments to purchase goods or render services have suddenly become commercially unveil. The coveted acquisition that seemed so lucrative has turned into a nightmare. A single breach may trigger several such breaches through multiple, interlinked contracts. Corporate reputations and carefully cultivated long-term business relationships are at stake.Request for extending time and forbearance in performance will soon turn into nasty correspondence and, subsequently, legal notices being exchanged. Most of these contracts contain an arbitration clause, with reference to a three-member arbitral tribunal. If the counterparty to the dispute is not interested in expeditious disposal, the constitution of such tribunal itself can be a long drawn-out affair. Meanwhile, if interim orders are required to be obtained, the parties will be compelled to approach a court of law. This translates into multiple legal proceedings before different fora, and mounting cost of litigation.Cash flows are the biggest victims of this crisis. At the same time, when commercial stakes are so high, most corporates would like to avail of the best possible professional assistance. Success fees are not legally permissible in India. At the same time, law firms can't be expected to provide credit to clients for work done as also third-party liability like payment of fees to senior counsel.To compound matters, the jurisprudence on the subject in India is hardly enlightening. If there is no express provision in the contract for force majeure, Indian law ordinarily does not imply such a clause. The same goes for material adverse change (MAC) clauses in a contract. The doctrine of commercial impracticability to perform a contract, developed under New York law, has not found much favour with the Indian Supreme Court. The legal outcome of such disputes is, therefore, anybody's guess.Needless to add, the time taken in arriving at a final determination of such a dispute can be horrendously long. Even if an arbitral tribunal publishes its award fairly quickly, challenges to such an award before the high court and the Supreme Court are inevitable.The privy council has caustically observed that the trouble of a litigant in India begins when he gets hold of a decree. To implement or execute such a judgment is another long-drawn-out process. In this Kafkaesque scenario, the litigants could well become sick or insolvent. In these circumstances, is there a practical commercial solution before a corporate embarks upon a highly unproductive litigation? Courts highly encourage mediation.Unlike arbitration, mediation is not legally binding. However, in the current scenario, formal mediation may not work so effectively. Disputing parties to a contract may, instead, explore obtaining a dispassionate view of the dispute from a seasoned person having commercial experience and knowledge, not necessarily a lawyer. What is required is a creative commercial solution to the dispute. Courts do not rewrite contracts for the parties.However, such an informal mediator can rewrite and redesign the contract that causes minimal damage or disruption to both disputing parties. Of course, if such a mediation effort fails, the contracting parties are at liberty to litigate. Such an exercise is bound to narrow differences and result in a solution that may have escaped both the contracting parties.Q. Why is the time taken in arriving at a final determination of such kind of disputes can be horrendously long ?... more
Directions: Read the following passage and answer the question.
The COVID-1919 pandemic damage is taking the bottom out of commercial contracts. It is becoming commercially impracticable to perform such contracts. Is the pandemic an 'act of god' ? Does it amount to a force majeure event ? Has it made performance impossible ? Is a party to a contract relieved from its obligation to perform, as the COVID-1919 instigated lockdown amounts to a material adverse event ? What will be the economic consequences if we default on our obligations and commit a breach ?
To perform such contracts, on the other hand, is to invite financial disaster. Like Hamlet, to perform or not to perform is the question agitating the minds of CEO's, CFO's and general counsel of India's corporates. Long term commitments to purchase goods or render services have suddenly become commercially unveil. The coveted acquisition that seemed so lucrative has turned into a nightmare. A single breach may trigger several such breaches through multiple, interlinked contracts. Corporate reputations and carefully cultivated long-term business relationships are at stake.
Request for extending time and forbearance in performance will soon turn into nasty correspondence and, subsequently, legal notices being exchanged. Most of these contracts contain an arbitration clause, with reference to a three-member arbitral tribunal. If the counterparty to the dispute is not interested in expeditious disposal, the constitution of such tribunal itself can be a long drawn-out affair. Meanwhile, if interim orders are required to be obtained, the parties will be compelled to approach a court of law. This translates into multiple legal proceedings before different fora, and mounting cost of litigation.
Cash flows are the biggest victims of this crisis. At the same time, when commercial stakes are so high, most corporates would like to avail of the best possible professional assistance. Success fees are not legally permissible in India. At the same time, law firms can't be expected to provide credit to clients for work done as also third-party liability like payment of fees to senior counsel.
To compound matters, the jurisprudence on the subject in India is hardly enlightening. If there is no express provision in the contract for force majeure, Indian law ordinarily does not imply such a clause. The same goes for material adverse change (MAC) clauses in a contract. The doctrine of commercial impracticability to perform a contract, developed under New York law, has not found much favour with the Indian Supreme Court. The legal outcome of such disputes is, therefore, anybody's guess.
Needless to add, the time taken in arriving at a final determination of such a dispute can be horrendously long. Even if an arbitral tribunal publishes its award fairly quickly, challenges to such an award before the high court and the Supreme Court are inevitable.
The privy council has caustically observed that the trouble of a litigant in India begins when he gets hold of a decree. To implement or execute such a judgment is another long-drawn-out process. In this Kafkaesque scenario, the litigants could well become sick or insolvent. In these circumstances, is there a practical commercial solution before a corporate embarks upon a highly unproductive litigation? Courts highly encourage mediation.
Unlike arbitration, mediation is not legally binding. However, in the current scenario, formal mediation may not work so effectively. Disputing parties to a contract may, instead, explore obtaining a dispassionate view of the dispute from a seasoned person having commercial experience and knowledge, not necessarily a lawyer. What is required is a creative commercial solution to the dispute. Courts do not rewrite contracts for the parties.
However, such an informal mediator can rewrite and redesign the contract that causes minimal damage or disruption to both disputing parties. Of course, if such a mediation effort fails, the contracting parties are at liberty to litigate. Such an exercise is bound to narrow differences and result in a solution that may have escaped both the contracting parties.
Q. Why is the time taken in arriving at a final determination of such kind of disputes can be horrendously long ?
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Aspire Academy answered |
This is the appropriate option for the given question.
The doctrine of commercial impracticability to perform a contract, developed under New York law, has not found much favour with the Indian Supreme Court. The legal outcome of is anybody's guess.Thus, such a dispute can be long. Even if an arbitral tribunal publishes its award quickly, challenges to such an award before the high court and the Supreme Court are inevitable.
Therefore, the correct answer is because of the availability of the option to further challenge the award before higher courts.
Directions: Read the following passage and answer the question.The Indian contract act came into force on 11 September 1872.1872. It was enacted mainly with a view to ensure reasonable fulfilment of expectations created by the promises of the parties and also enforcement of obligations prescribed by an agreement between the parties.A contract is an agreement having a lawful object entered into voluntarily by two or more parties, each of whom intends to create one or more legal obligations between them. The elements of a contract are "offer" and 'acceptance' by "competent persons" having legal capacity who exchanges "consideration" to create "mutuality" of obligation.Every person who is competent to contract and who attained the age of majority, according to the law and who is of sound mind and the person who is not disqualified by any of the law.Section 1111 tells that a minor is not competent to a contract. Following cases will tell you more about the evolution of contracts entered by minors :Mohiri Bibi Vs. Dharmodas Ghose :The plaintiff was a minor who mortgaged his property in favour of the defendant, who was a moneylender to secure a loan of Rs.20,000.The moneylender knew that the plaintiff is a minor. The plaintiff brought an action against the defendant stating that he was a minor when the mortgage was executed by him and, therefore, the mortgage was void and inoperative and the same should be cancelled.Judgement :The Privy Council held that the minors' contract is void. The combined effect of sections 10 and 11 renders the minor contract completely void. According to the Privy Council, only a person who is of the age of the majority is competent to contract. Moreover, the minor didn't misrepresent his age or acted in bad intention. Minor, therefore, cannot be forced to repay the loan amount, and also the property mortgaged should be returned to the minor.Doctrine of Restitution:The minor is forced to restore the property of goods which he gets by misrepresenting his age provided that it is traceable in the possession of the minor. If it is not traced or it has been sold or converted to his own use by the minor, then he cannot be held liable to repay the value of it because it would amount to the enforcement of a void agreement. Leslie Ltd Vs.Sheil :A minor fraudulently represented that he was a major and the plaintiff lent him Rs.200. The action to recover the money was failed. The court of the appeal held that the defendant was under no equitable liability to pay the plaintiff. The plaintiff relied upon the doctrine of restitution that the defendant was bound by that doctrine to restore the ill-gotten gains. It was held that the defendant cannot be forced to restore Rs.400 as the contract was void and the doctrine of restitution was not applicable. The doctrine of restitution will not apply where the money given cannot be traced back to minors.Q. Which of the following is not true in light of the above passage ?... more
Directions: Read the following passage and answer the question.
The Indian contract act came into force on 11 September 1872.1872. It was enacted mainly with a view to ensure reasonable fulfilment of expectations created by the promises of the parties and also enforcement of obligations prescribed by an agreement between the parties.
A contract is an agreement having a lawful object entered into voluntarily by two or more parties, each of whom intends to create one or more legal obligations between them. The elements of a contract are "offer" and 'acceptance' by "competent persons" having legal capacity who exchanges "consideration" to create "mutuality" of obligation.
Every person who is competent to contract and who attained the age of majority, according to the law and who is of sound mind and the person who is not disqualified by any of the law.
Section 1111 tells that a minor is not competent to a contract. Following cases will tell you more about the evolution of contracts entered by minors :
Mohiri Bibi Vs. Dharmodas Ghose :
The plaintiff was a minor who mortgaged his property in favour of the defendant, who was a moneylender to secure a loan of Rs.20,000.The moneylender knew that the plaintiff is a minor. The plaintiff brought an action against the defendant stating that he was a minor when the mortgage was executed by him and, therefore, the mortgage was void and inoperative and the same should be cancelled.
Judgement :
The Privy Council held that the minors' contract is void. The combined effect of sections 10 and 11 renders the minor contract completely void. According to the Privy Council, only a person who is of the age of the majority is competent to contract. Moreover, the minor didn't misrepresent his age or acted in bad intention. Minor, therefore, cannot be forced to repay the loan amount, and also the property mortgaged should be returned to the minor.
Doctrine of Restitution:
The minor is forced to restore the property of goods which he gets by misrepresenting his age provided that it is traceable in the possession of the minor. If it is not traced or it has been sold or converted to his own use by the minor, then he cannot be held liable to repay the value of it because it would amount to the enforcement of a void agreement. Leslie Ltd Vs.Sheil :
A minor fraudulently represented that he was a major and the plaintiff lent him Rs.200. The action to recover the money was failed. The court of the appeal held that the defendant was under no equitable liability to pay the plaintiff. The plaintiff relied upon the doctrine of restitution that the defendant was bound by that doctrine to restore the ill-gotten gains. It was held that the defendant cannot be forced to restore Rs.400 as the contract was void and the doctrine of restitution was not applicable. The doctrine of restitution will not apply where the money given cannot be traced back to minors.
Q. Which of the following is not true in light of the above passage ?
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Aspire Academy answered |
Section 11 of the Indian Contract Act, 1872 states that Every person is competent to contract who is of the age of majority according to the law to which he is subject and who is of sound mind and is not disqualified from contracting by any law to which he is subject.
Although, as a general rule, a contract with minors is void, we must keep in mind the following rules as well:
1) A contract with a minor is void and, hence, no obligations can ever arise on him thereunder.
2) The minor party cannot ratify the contract upon attaining majority unless a law specifically allows this.
3) No court can allow specific performance of a contract with minors because it is void altogether.
4) The Partnership Act also prohibits minors from becoming partners in a firm. They can, however, receive the benefits of partnership and ratify the same upon attaining majority.
5) The rule of estoppel under evidence law does not apply to minors under contractual obligations. In other words, even if a minor forms a contract claiming majority age, legal obligations cannot arise against him.
6) Parents or guardians of minors can name them in contracts only if it benefits them. But even in this case, the minor cannot be personally liable.
Hence, according to the above provisions the answer "A minor can enter into a contract and make wrongful gains" is correct.
Directions: Read the following passage and answer the question.The Indian contract act came into force on 11 September 1872.1872. It was enacted mainly with a view to ensure reasonable fulfilment of expectations created by the promises of the parties and also enforcement of obligations prescribed by an agreement between the parties.A contract is an agreement having a lawful object entered into voluntarily by two or more parties, each of whom intends to create one or more legal obligations between them. The elements of a contract are "offer" and 'acceptance' by "competent persons" having legal capacity who exchanges "consideration" to create "mutuality" of obligation.Every person who is competent to contract and who attained the age of majority, according to the law and who is of sound mind and the person who is not disqualified by any of the law.Section 1111 tells that a minor is not competent to a contract. Following cases will tell you more about the evolution of contracts entered by minors :Mohiri Bibi Vs. Dharmodas Ghose :The plaintiff was a minor who mortgaged his property in favour of the defendant, who was a moneylender to secure a loan of Rs.20,000.The moneylender knew that the plaintiff is a minor. The plaintiff brought an action against the defendant stating that he was a minor when the mortgage was executed by him and, therefore, the mortgage was void and inoperative and the same should be cancelled.Judgement :The Privy Council held that the minors' contract is void. The combined effect of sections 10 and 11 renders the minor contract completely void. According to the Privy Council, only a person who is of the age of the majority is competent to contract. Moreover, the minor didn't misrepresent his age or acted in bad intention. Minor, therefore, cannot be forced to repay the loan amount, and also the property mortgaged should be returned to the minor.Doctrine of Restitution:The minor is forced to restore the property of goods which he gets by misrepresenting his age provided that it is traceable in the possession of the minor. If it is not traced or it has been sold or converted to his own use by the minor, then he cannot be held liable to repay the value of it because it would amount to the enforcement of a void agreement. Leslie Ltd Vs.Sheil :A minor fraudulently represented that he was a major and the plaintiff lent him Rs.200. The action to recover the money was failed. The court of the appeal held that the defendant was under no equitable liability to pay the plaintiff. The plaintiff relied upon the doctrine of restitution that the defendant was bound by that doctrine to restore the ill-gotten gains. It was held that the defendant cannot be forced to restore Rs.400 as the contract was void and the doctrine of restitution was not applicable. The doctrine of restitution will not apply where the money given cannot be traced back to minors.Q. In the case of Leslie Ltd. Vs. Sheil, why was the defendant not held liable to return the money ?... more
Directions: Read the following passage and answer the question.
The Indian contract act came into force on 11 September 1872.1872. It was enacted mainly with a view to ensure reasonable fulfilment of expectations created by the promises of the parties and also enforcement of obligations prescribed by an agreement between the parties.
A contract is an agreement having a lawful object entered into voluntarily by two or more parties, each of whom intends to create one or more legal obligations between them. The elements of a contract are "offer" and 'acceptance' by "competent persons" having legal capacity who exchanges "consideration" to create "mutuality" of obligation.
Every person who is competent to contract and who attained the age of majority, according to the law and who is of sound mind and the person who is not disqualified by any of the law.
Section 1111 tells that a minor is not competent to a contract. Following cases will tell you more about the evolution of contracts entered by minors :
Mohiri Bibi Vs. Dharmodas Ghose :
The plaintiff was a minor who mortgaged his property in favour of the defendant, who was a moneylender to secure a loan of Rs.20,000.The moneylender knew that the plaintiff is a minor. The plaintiff brought an action against the defendant stating that he was a minor when the mortgage was executed by him and, therefore, the mortgage was void and inoperative and the same should be cancelled.
Judgement :
The Privy Council held that the minors' contract is void. The combined effect of sections 10 and 11 renders the minor contract completely void. According to the Privy Council, only a person who is of the age of the majority is competent to contract. Moreover, the minor didn't misrepresent his age or acted in bad intention. Minor, therefore, cannot be forced to repay the loan amount, and also the property mortgaged should be returned to the minor.
Doctrine of Restitution:
The minor is forced to restore the property of goods which he gets by misrepresenting his age provided that it is traceable in the possession of the minor. If it is not traced or it has been sold or converted to his own use by the minor, then he cannot be held liable to repay the value of it because it would amount to the enforcement of a void agreement. Leslie Ltd Vs.Sheil :
A minor fraudulently represented that he was a major and the plaintiff lent him Rs.200. The action to recover the money was failed. The court of the appeal held that the defendant was under no equitable liability to pay the plaintiff. The plaintiff relied upon the doctrine of restitution that the defendant was bound by that doctrine to restore the ill-gotten gains. It was held that the defendant cannot be forced to restore Rs.400 as the contract was void and the doctrine of restitution was not applicable. The doctrine of restitution will not apply where the money given cannot be traced back to minors.
Q. In the case of Leslie Ltd. Vs. Sheil, why was the defendant not held liable to return the money ?
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EduRev CLAT answered |
According to question, this option is the most appropriate,
A minor fraudulently represented that he was a major and the plaintiff lent him 200200 . The action to recover the money was failed. The court of the appeal held that the defendant was under no equitable liability to pay the plaintiff. The doctrine of restitution will not apply where the money given cannot be traced back to minors.
Hence, the answer Both (b) and (c) are correct.
Directions: Read the following passage and answer the question.The Indian contract act came into force on 11 September 1872.1872. It was enacted mainly with a view to ensure reasonable fulfilment of expectations created by the promises of the parties and also enforcement of obligations prescribed by an agreement between the parties.A contract is an agreement having a lawful object entered into voluntarily by two or more parties, each of whom intends to create one or more legal obligations between them. The elements of a contract are "offer" and 'acceptance' by "competent persons" having legal capacity who exchanges "consideration" to create "mutuality" of obligation.Every person who is competent to contract and who attained the age of majority, according to the law and who is of sound mind and the person who is not disqualified by any of the law.Section 1111 tells that a minor is not competent to a contract. Following cases will tell you more about the evolution of contracts entered by minors :Mohiri Bibi Vs. Dharmodas Ghose :The plaintiff was a minor who mortgaged his property in favour of the defendant, who was a moneylender to secure a loan of Rs.20,000.The moneylender knew that the plaintiff is a minor. The plaintiff brought an action against the defendant stating that he was a minor when the mortgage was executed by him and, therefore, the mortgage was void and inoperative and the same should be cancelled.Judgement :The Privy Council held that the minors' contract is void. The combined effect of sections 10 and 11 renders the minor contract completely void. According to the Privy Council, only a person who is of the age of the majority is competent to contract. Moreover, the minor didn't misrepresent his age or acted in bad intention. Minor, therefore, cannot be forced to repay the loan amount, and also the property mortgaged should be returned to the minor.Doctrine of Restitution:The minor is forced to restore the property of goods which he gets by misrepresenting his age provided that it is traceable in the possession of the minor. If it is not traced or it has been sold or converted to his own use by the minor, then he cannot be held liable to repay the value of it because it would amount to the enforcement of a void agreement. Leslie Ltd Vs.Sheil :A minor fraudulently represented that he was a major and the plaintiff lent him Rs.200. The action to recover the money was failed. The court of the appeal held that the defendant was under no equitable liability to pay the plaintiff. The plaintiff relied upon the doctrine of restitution that the defendant was bound by that doctrine to restore the ill-gotten gains. It was held that the defendant cannot be forced to restore Rs.400 as the contract was void and the doctrine of restitution was not applicable. The doctrine of restitution will not apply where the money given cannot be traced back to minors.Q. Which one of the following is not an important element of a legal contract ?... more
Directions: Read the following passage and answer the question.
The Indian contract act came into force on 11 September 1872.1872. It was enacted mainly with a view to ensure reasonable fulfilment of expectations created by the promises of the parties and also enforcement of obligations prescribed by an agreement between the parties.
A contract is an agreement having a lawful object entered into voluntarily by two or more parties, each of whom intends to create one or more legal obligations between them. The elements of a contract are "offer" and 'acceptance' by "competent persons" having legal capacity who exchanges "consideration" to create "mutuality" of obligation.
Every person who is competent to contract and who attained the age of majority, according to the law and who is of sound mind and the person who is not disqualified by any of the law.
Section 1111 tells that a minor is not competent to a contract. Following cases will tell you more about the evolution of contracts entered by minors :
Mohiri Bibi Vs. Dharmodas Ghose :
The plaintiff was a minor who mortgaged his property in favour of the defendant, who was a moneylender to secure a loan of Rs.20,000.The moneylender knew that the plaintiff is a minor. The plaintiff brought an action against the defendant stating that he was a minor when the mortgage was executed by him and, therefore, the mortgage was void and inoperative and the same should be cancelled.
Judgement :
The Privy Council held that the minors' contract is void. The combined effect of sections 10 and 11 renders the minor contract completely void. According to the Privy Council, only a person who is of the age of the majority is competent to contract. Moreover, the minor didn't misrepresent his age or acted in bad intention. Minor, therefore, cannot be forced to repay the loan amount, and also the property mortgaged should be returned to the minor.
Doctrine of Restitution:
The minor is forced to restore the property of goods which he gets by misrepresenting his age provided that it is traceable in the possession of the minor. If it is not traced or it has been sold or converted to his own use by the minor, then he cannot be held liable to repay the value of it because it would amount to the enforcement of a void agreement. Leslie Ltd Vs.Sheil :
A minor fraudulently represented that he was a major and the plaintiff lent him Rs.200. The action to recover the money was failed. The court of the appeal held that the defendant was under no equitable liability to pay the plaintiff. The plaintiff relied upon the doctrine of restitution that the defendant was bound by that doctrine to restore the ill-gotten gains. It was held that the defendant cannot be forced to restore Rs.400 as the contract was void and the doctrine of restitution was not applicable. The doctrine of restitution will not apply where the money given cannot be traced back to minors.
Q. Which one of the following is not an important element of a legal contract ?
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EduRev CLAT answered |
According to Indian Contract Act, 1872 A contract is an agreement having a lawful object entered into voluntarily by two or more parties. A contract is valid and legally binding if the following six essential elements are present:
- Offer
- Acceptance
- Consideration
- Intention to create legal relations
- Legality and Capacity
- Certainty
According to the above provision there is no such requirement for adequate amount of consideration to enforce the legality of a contract.
Directions: Read the following passage and answer the question.The Indian contract act came into force on 11 September 1872.1872. It was enacted mainly with a view to ensure reasonable fulfilment of expectations created by the promises of the parties and also enforcement of obligations prescribed by an agreement between the parties.A contract is an agreement having a lawful object entered into voluntarily by two or more parties, each of whom intends to create one or more legal obligations between them. The elements of a contract are "offer" and 'acceptance' by "competent persons" having legal capacity who exchanges "consideration" to create "mutuality" of obligation.Every person who is competent to contract and who attained the age of majority, according to the law and who is of sound mind and the person who is not disqualified by any of the law.Section 1111 tells that a minor is not competent to a contract. Following cases will tell you more about the evolution of contracts entered by minors :Mohiri Bibi Vs. Dharmodas Ghose :The plaintiff was a minor who mortgaged his property in favour of the defendant, who was a moneylender to secure a loan of Rs.20,000.The moneylender knew that the plaintiff is a minor. The plaintiff brought an action against the defendant stating that he was a minor when the mortgage was executed by him and, therefore, the mortgage was void and inoperative and the same should be cancelled.Judgement :The Privy Council held that the minors' contract is void. The combined effect of sections 10 and 11 renders the minor contract completely void. According to the Privy Council, only a person who is of the age of the majority is competent to contract. Moreover, the minor didn't misrepresent his age or acted in bad intention. Minor, therefore, cannot be forced to repay the loan amount, and also the property mortgaged should be returned to the minor.Doctrine of Restitution:The minor is forced to restore the property of goods which he gets by misrepresenting his age provided that it is traceable in the possession of the minor. If it is not traced or it has been sold or converted to his own use by the minor, then he cannot be held liable to repay the value of it because it would amount to the enforcement of a void agreement. Leslie Ltd Vs.Sheil :A minor fraudulently represented that he was a major and the plaintiff lent him Rs.200. The action to recover the money was failed. The court of the appeal held that the defendant was under no equitable liability to pay the plaintiff. The plaintiff relied upon the doctrine of restitution that the defendant was bound by that doctrine to restore the ill-gotten gains. It was held that the defendant cannot be forced to restore Rs.400 as the contract was void and the doctrine of restitution was not applicable. The doctrine of restitution will not apply where the money given cannot be traced back to minors.Q. Who among the following is a competent person to enter into a contract ?... more
Directions: Read the following passage and answer the question.
The Indian contract act came into force on 11 September 1872.1872. It was enacted mainly with a view to ensure reasonable fulfilment of expectations created by the promises of the parties and also enforcement of obligations prescribed by an agreement between the parties.
A contract is an agreement having a lawful object entered into voluntarily by two or more parties, each of whom intends to create one or more legal obligations between them. The elements of a contract are "offer" and 'acceptance' by "competent persons" having legal capacity who exchanges "consideration" to create "mutuality" of obligation.
Every person who is competent to contract and who attained the age of majority, according to the law and who is of sound mind and the person who is not disqualified by any of the law.
Section 1111 tells that a minor is not competent to a contract. Following cases will tell you more about the evolution of contracts entered by minors :
Mohiri Bibi Vs. Dharmodas Ghose :
The plaintiff was a minor who mortgaged his property in favour of the defendant, who was a moneylender to secure a loan of Rs.20,000.The moneylender knew that the plaintiff is a minor. The plaintiff brought an action against the defendant stating that he was a minor when the mortgage was executed by him and, therefore, the mortgage was void and inoperative and the same should be cancelled.
Judgement :
The Privy Council held that the minors' contract is void. The combined effect of sections 10 and 11 renders the minor contract completely void. According to the Privy Council, only a person who is of the age of the majority is competent to contract. Moreover, the minor didn't misrepresent his age or acted in bad intention. Minor, therefore, cannot be forced to repay the loan amount, and also the property mortgaged should be returned to the minor.
Doctrine of Restitution:
The minor is forced to restore the property of goods which he gets by misrepresenting his age provided that it is traceable in the possession of the minor. If it is not traced or it has been sold or converted to his own use by the minor, then he cannot be held liable to repay the value of it because it would amount to the enforcement of a void agreement. Leslie Ltd Vs.Sheil :
A minor fraudulently represented that he was a major and the plaintiff lent him Rs.200. The action to recover the money was failed. The court of the appeal held that the defendant was under no equitable liability to pay the plaintiff. The plaintiff relied upon the doctrine of restitution that the defendant was bound by that doctrine to restore the ill-gotten gains. It was held that the defendant cannot be forced to restore Rs.400 as the contract was void and the doctrine of restitution was not applicable. The doctrine of restitution will not apply where the money given cannot be traced back to minors.
Q. Who among the following is a competent person to enter into a contract ?
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Glance Learning Institute answered |
According to Indian Contract Act, 1872 Contract is an agreement having a lawful object entered into voluntarily by two or more parties, each of whom intends to create one or more legal obligations between them. The elements of a contract are "offer" and "acceptance' by competent persons having legal capacity who exchanges consideration to create mutuality of obligation.
Every person who is competent to contract are:
- Who has attained the age of majority according to the law
- Who is of sound mind
- The person who is not disqualified by any of the law.
Hence, according to the above provision Ms. Gita who is a physically handicapped person is competent to enter into a contract.
Directions: Read the following passage and answer the question.The Indian contract act came into force on 11 September 1872.1872. It was enacted mainly with a view to ensure reasonable fulfilment of expectations created by the promises of the parties and also enforcement of obligations prescribed by an agreement between the parties.A contract is an agreement having a lawful object entered into voluntarily by two or more parties, each of whom intends to create one or more legal obligations between them. The elements of a contract are "offer" and 'acceptance' by "competent persons" having legal capacity who exchanges "consideration" to create "mutuality" of obligation.Every person who is competent to contract and who attained the age of majority, according to the law and who is of sound mind and the person who is not disqualified by any of the law.Section 1111 tells that a minor is not competent to a contract. Following cases will tell you more about the evolution of contracts entered by minors :Mohiri Bibi Vs. Dharmodas Ghose :The plaintiff was a minor who mortgaged his property in favour of the defendant, who was a moneylender to secure a loan of Rs.20,000.The moneylender knew that the plaintiff is a minor. The plaintiff brought an action against the defendant stating that he was a minor when the mortgage was executed by him and, therefore, the mortgage was void and inoperative and the same should be cancelled.Judgement :The Privy Council held that the minors' contract is void. The combined effect of sections 10 and 11 renders the minor contract completely void. According to the Privy Council, only a person who is of the age of the majority is competent to contract. Moreover, the minor didn't misrepresent his age or acted in bad intention. Minor, therefore, cannot be forced to repay the loan amount, and also the property mortgaged should be returned to the minor.Doctrine of Restitution:The minor is forced to restore the property of goods which he gets by misrepresenting his age provided that it is traceable in the possession of the minor. If it is not traced or it has been sold or converted to his own use by the minor, then he cannot be held liable to repay the value of it because it would amount to the enforcement of a void agreement. Leslie Ltd Vs.Sheil :A minor fraudulently represented that he was a major and the plaintiff lent him Rs.200. The action to recover the money was failed. The court of the appeal held that the defendant was under no equitable liability to pay the plaintiff. The plaintiff relied upon the doctrine of restitution that the defendant was bound by that doctrine to restore the ill-gotten gains. It was held that the defendant cannot be forced to restore Rs.400 as the contract was void and the doctrine of restitution was not applicable. The doctrine of restitution will not apply where the money given cannot be traced back to minors.Q. A minor, Ms. Anamika misrepresented herself as a major and bought a guitar on loan. The guitar was duly delivered at her home by the shopkeeper. Later, Ms. Anamika refused to pay the price and claimed the defence of minority and she can neither be forced to pay the price of the guitar nor to return the guitar to the shopkeeper. After reading the above passage, what is the correct decision ?... more
Directions: Read the following passage and answer the question.
The Indian contract act came into force on 11 September 1872.1872. It was enacted mainly with a view to ensure reasonable fulfilment of expectations created by the promises of the parties and also enforcement of obligations prescribed by an agreement between the parties.
A contract is an agreement having a lawful object entered into voluntarily by two or more parties, each of whom intends to create one or more legal obligations between them. The elements of a contract are "offer" and 'acceptance' by "competent persons" having legal capacity who exchanges "consideration" to create "mutuality" of obligation.
Every person who is competent to contract and who attained the age of majority, according to the law and who is of sound mind and the person who is not disqualified by any of the law.
Section 1111 tells that a minor is not competent to a contract. Following cases will tell you more about the evolution of contracts entered by minors :
Mohiri Bibi Vs. Dharmodas Ghose :
The plaintiff was a minor who mortgaged his property in favour of the defendant, who was a moneylender to secure a loan of Rs.20,000.The moneylender knew that the plaintiff is a minor. The plaintiff brought an action against the defendant stating that he was a minor when the mortgage was executed by him and, therefore, the mortgage was void and inoperative and the same should be cancelled.
Judgement :
The Privy Council held that the minors' contract is void. The combined effect of sections 10 and 11 renders the minor contract completely void. According to the Privy Council, only a person who is of the age of the majority is competent to contract. Moreover, the minor didn't misrepresent his age or acted in bad intention. Minor, therefore, cannot be forced to repay the loan amount, and also the property mortgaged should be returned to the minor.
Doctrine of Restitution:
The minor is forced to restore the property of goods which he gets by misrepresenting his age provided that it is traceable in the possession of the minor. If it is not traced or it has been sold or converted to his own use by the minor, then he cannot be held liable to repay the value of it because it would amount to the enforcement of a void agreement. Leslie Ltd Vs.Sheil :
A minor fraudulently represented that he was a major and the plaintiff lent him Rs.200. The action to recover the money was failed. The court of the appeal held that the defendant was under no equitable liability to pay the plaintiff. The plaintiff relied upon the doctrine of restitution that the defendant was bound by that doctrine to restore the ill-gotten gains. It was held that the defendant cannot be forced to restore Rs.400 as the contract was void and the doctrine of restitution was not applicable. The doctrine of restitution will not apply where the money given cannot be traced back to minors.
Q. A minor, Ms. Anamika misrepresented herself as a major and bought a guitar on loan. The guitar was duly delivered at her home by the shopkeeper. Later, Ms. Anamika refused to pay the price and claimed the defence of minority and she can neither be forced to pay the price of the guitar nor to return the guitar to the shopkeeper. After reading the above passage, what is the correct decision ?
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Glance Learning Institute answered |
According to question,
The minor is forced to restore the property of goods which he gets by misrepresenting his age provided that it is traceable in the possession of the minor. If it is not traced or it has been sold or converted to his own use by the minor, then he cannot be held liable to repay the value of it because it would amount to the enforcement of a void agreement.
Hence, the answer is "the contract is void, and the court can direct the minor to restore the guitar to the shopkeeper".
Directions: Read the following passage and answer the question.To deal with sexual assaults and exploitation over children, the government has established special law, POCSO Act,2012.The said Act sanctions every recognised offences of sexual abuse against children by prescribing stringent punishment keeping in mind the gravity of the offence.The POCSO Amendment Act,2019 was enacted to enhance the punishment up to the death penalty and to curb child pornography. However, the amendment seems to be arbitrary and vague.Section 4(2) of the POCSO Act, which was inserted by the POCSO Amendment Act of 2019 provides for a classification that is unreasonable and is in violation of Article 14 of the Constitution. Article 14 provides for the "equal protection of laws". It prohibits class legislation but permits reasonable classification of persons or things. The classic nexus test as outlined in the Anwar Ali Sarkar case is;"To pass the test of permissible classification two conditions must be fulfilled viz.(I) That the classification must be founded on an intelligible differentia which distinguishes those that are grouped together from others left out of the group, and(II) That the differentia must have a rational relation to the objects sought to be achieved by the Act. The differentia which is the basis of the classification and the object of the Act are distinct and what is necessary is that there must be nexus between them."Before the POCSO Act was passed in 2019 the punishment for committing penetrative sexual assault as per POCSO Act 2012 was from seven years imprisonment till life and also fine. The Act of 2019 increased the minimum term of punishment from 'seven' to 'ten' years.Now, the new amendment provides punishment for the offenders who commit penetrative sexual assault on a child below sixteen years of age. By inserting this, the legislature makes a classification between a child who is below sixteen years of age and a child who is above the age of sixteen, but below eighteen. However, the legislature has defined a "child" as 'any person below the age of eighteen years', for this Act. Thus, the above classification should be a reasonable classification since it has been made within the same group, i.e., 'children'.There can be no intelligible differentia in this classification. The differentia in this classification is vague, since there is an uncertainty in determining the age of maturity factor. It is to be noted that the differentia must have a rational relation to the objects sought to be achieved by the Act.This classification gives way for the thought that raping a child below sixteen years is a graver offence, whereas on the other hand raping a child of sixteen or seventeen years of age, who may have the same maturity as some children belonging to the other class is not considered to be a graver offence. This classification thus, is unreasonable and hence violative of Article 14.Section 11 and 12 of the POCSO Act provides for the provisions regarding sexual harassment and punishment therefore. Section 11 states as "A person is said to commit sexual harassment of a child when such person with sexual intent..." Also, it has been provided that any question which involves "sexual intent" shall be a question of fact. It is an ascertained fact that the question involving intention is very difficult to prove before the Court of law. Also, there arises a question whether an offender performs the acts listed in Section 11 without sexual intention, will it not amount to sexual harassment? Even Section 354 A of the Indian Penal Code, which describes Sexual Harassment does not use the term "sexual intent", since it is not a mandatory requirement for committing sexual harassment. Thus, the term sexual intent creates a loophole in Section 11 of the Act, which will favour the offenders.Q. The new amendment provides punishment for the offenders who commit penetrative sexual assault on a child... more
Directions: Read the following passage and answer the question.
To deal with sexual assaults and exploitation over children, the government has established special law, POCSO Act,2012.The said Act sanctions every recognised offences of sexual abuse against children by prescribing stringent punishment keeping in mind the gravity of the offence.
The POCSO Amendment Act,2019 was enacted to enhance the punishment up to the death penalty and to curb child pornography. However, the amendment seems to be arbitrary and vague.
Section 4(2) of the POCSO Act, which was inserted by the POCSO Amendment Act of 2019 provides for a classification that is unreasonable and is in violation of Article 14 of the Constitution. Article 14 provides for the "equal protection of laws". It prohibits class legislation but permits reasonable classification of persons or things. The classic nexus test as outlined in the Anwar Ali Sarkar case is;
"To pass the test of permissible classification two conditions must be fulfilled viz.
(I) That the classification must be founded on an intelligible differentia which distinguishes those that are grouped together from others left out of the group, and
(II) That the differentia must have a rational relation to the objects sought to be achieved by the Act. The differentia which is the basis of the classification and the object of the Act are distinct and what is necessary is that there must be nexus between them."
Before the POCSO Act was passed in 2019 the punishment for committing penetrative sexual assault as per POCSO Act 2012 was from seven years imprisonment till life and also fine. The Act of 2019 increased the minimum term of punishment from 'seven' to 'ten' years.
Now, the new amendment provides punishment for the offenders who commit penetrative sexual assault on a child below sixteen years of age. By inserting this, the legislature makes a classification between a child who is below sixteen years of age and a child who is above the age of sixteen, but below eighteen. However, the legislature has defined a "child" as 'any person below the age of eighteen years', for this Act. Thus, the above classification should be a reasonable classification since it has been made within the same group, i.e., 'children'.
There can be no intelligible differentia in this classification. The differentia in this classification is vague, since there is an uncertainty in determining the age of maturity factor. It is to be noted that the differentia must have a rational relation to the objects sought to be achieved by the Act.
This classification gives way for the thought that raping a child below sixteen years is a graver offence, whereas on the other hand raping a child of sixteen or seventeen years of age, who may have the same maturity as some children belonging to the other class is not considered to be a graver offence. This classification thus, is unreasonable and hence violative of Article 14.
Section 11 and 12 of the POCSO Act provides for the provisions regarding sexual harassment and punishment therefore. Section 11 states as "A person is said to commit sexual harassment of a child when such person with sexual intent..." Also, it has been provided that any question which involves "sexual intent" shall be a question of fact. It is an ascertained fact that the question involving intention is very difficult to prove before the Court of law. Also, there arises a question whether an offender performs the acts listed in Section 11 without sexual intention, will it not amount to sexual harassment? Even Section 354 A of the Indian Penal Code, which describes Sexual Harassment does not use the term "sexual intent", since it is not a mandatory requirement for committing sexual harassment. Thus, the term sexual intent creates a loophole in Section 11 of the Act, which will favour the offenders.
Q. The new amendment provides punishment for the offenders who commit penetrative sexual assault on a child
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Notes Wala answered |
Before the POCSO Act was passed in 20192019, the punishment for committing penetrative sexual assault as per POCSO Act 20122012 was from seven years imprisonment till life and also fine.
The new amendment provides punishment for the offenders who commit penetrative sexual assault on a child below sixteen years of age. By inserting this, the legislature makes a classification between a child who is below sixteen years of age
Hence, the correct answer is below 1616 years.
Directions: Read the following passage and answer the question.To deal with sexual assaults and exploitation over children, the government has established special law, POCSO Act,2012.The said Act sanctions every recognised offences of sexual abuse against children by prescribing stringent punishment keeping in mind the gravity of the offence.The POCSO Amendment Act,2019 was enacted to enhance the punishment up to the death penalty and to curb child pornography. However, the amendment seems to be arbitrary and vague.Section 4(2) of the POCSO Act, which was inserted by the POCSO Amendment Act of 2019 provides for a classification that is unreasonable and is in violation of Article 14 of the Constitution. Article 14 provides for the "equal protection of laws". It prohibits class legislation but permits reasonable classification of persons or things. The classic nexus test as outlined in the Anwar Ali Sarkar case is;"To pass the test of permissible classification two conditions must be fulfilled viz.(I) That the classification must be founded on an intelligible differentia which distinguishes those that are grouped together from others left out of the group, and(II) That the differentia must have a rational relation to the objects sought to be achieved by the Act. The differentia which is the basis of the classification and the object of the Act are distinct and what is necessary is that there must be nexus between them."Before the POCSO Act was passed in 2019 the punishment for committing penetrative sexual assault as per POCSO Act 2012 was from seven years imprisonment till life and also fine. The Act of 2019 increased the minimum term of punishment from 'seven' to 'ten' years.Now, the new amendment provides punishment for the offenders who commit penetrative sexual assault on a child below sixteen years of age. By inserting this, the legislature makes a classification between a child who is below sixteen years of age and a child who is above the age of sixteen, but below eighteen. However, the legislature has defined a "child" as 'any person below the age of eighteen years', for this Act. Thus, the above classification should be a reasonable classification since it has been made within the same group, i.e., 'children'.There can be no intelligible differentia in this classification. The differentia in this classification is vague, since there is an uncertainty in determining the age of maturity factor. It is to be noted that the differentia must have a rational relation to the objects sought to be achieved by the Act.This classification gives way for the thought that raping a child below sixteen years is a graver offence, whereas on the other hand raping a child of sixteen or seventeen years of age, who may have the same maturity as some children belonging to the other class is not considered to be a graver offence. This classification thus, is unreasonable and hence violative of Article 14.Section 11 and 12 of the POCSO Act provides for the provisions regarding sexual harassment and punishment therefore. Section 11 states as "A person is said to commit sexual harassment of a child when such person with sexual intent..." Also, it has been provided that any question which involves "sexual intent" shall be a question of fact. It is an ascertained fact that the question involving intention is very difficult to prove before the Court of law. Also, there arises a question whether an offender performs the acts listed in Section 11 without sexual intention, will it not amount to sexual harassment? Even Section 354 A of the Indian Penal Code, which describes Sexual Harassment does not use the term "sexual intent", since it is not a mandatory requirement for committing sexual harassment. Thus, the term sexual intent creates a loophole in Section 11 of the Act, which will favour the offenders.Q. If the age of AA is 1919 years, what will be the relevancy of the question of intention of Mr. X ?... more
Directions: Read the following passage and answer the question.
To deal with sexual assaults and exploitation over children, the government has established special law, POCSO Act,2012.The said Act sanctions every recognised offences of sexual abuse against children by prescribing stringent punishment keeping in mind the gravity of the offence.
The POCSO Amendment Act,2019 was enacted to enhance the punishment up to the death penalty and to curb child pornography. However, the amendment seems to be arbitrary and vague.
Section 4(2) of the POCSO Act, which was inserted by the POCSO Amendment Act of 2019 provides for a classification that is unreasonable and is in violation of Article 14 of the Constitution. Article 14 provides for the "equal protection of laws". It prohibits class legislation but permits reasonable classification of persons or things. The classic nexus test as outlined in the Anwar Ali Sarkar case is;
"To pass the test of permissible classification two conditions must be fulfilled viz.
(I) That the classification must be founded on an intelligible differentia which distinguishes those that are grouped together from others left out of the group, and
(II) That the differentia must have a rational relation to the objects sought to be achieved by the Act. The differentia which is the basis of the classification and the object of the Act are distinct and what is necessary is that there must be nexus between them."
Before the POCSO Act was passed in 2019 the punishment for committing penetrative sexual assault as per POCSO Act 2012 was from seven years imprisonment till life and also fine. The Act of 2019 increased the minimum term of punishment from 'seven' to 'ten' years.
Now, the new amendment provides punishment for the offenders who commit penetrative sexual assault on a child below sixteen years of age. By inserting this, the legislature makes a classification between a child who is below sixteen years of age and a child who is above the age of sixteen, but below eighteen. However, the legislature has defined a "child" as 'any person below the age of eighteen years', for this Act. Thus, the above classification should be a reasonable classification since it has been made within the same group, i.e., 'children'.
There can be no intelligible differentia in this classification. The differentia in this classification is vague, since there is an uncertainty in determining the age of maturity factor. It is to be noted that the differentia must have a rational relation to the objects sought to be achieved by the Act.
This classification gives way for the thought that raping a child below sixteen years is a graver offence, whereas on the other hand raping a child of sixteen or seventeen years of age, who may have the same maturity as some children belonging to the other class is not considered to be a graver offence. This classification thus, is unreasonable and hence violative of Article 14.
Section 11 and 12 of the POCSO Act provides for the provisions regarding sexual harassment and punishment therefore. Section 11 states as "A person is said to commit sexual harassment of a child when such person with sexual intent..." Also, it has been provided that any question which involves "sexual intent" shall be a question of fact. It is an ascertained fact that the question involving intention is very difficult to prove before the Court of law. Also, there arises a question whether an offender performs the acts listed in Section 11 without sexual intention, will it not amount to sexual harassment? Even Section 354 A of the Indian Penal Code, which describes Sexual Harassment does not use the term "sexual intent", since it is not a mandatory requirement for committing sexual harassment. Thus, the term sexual intent creates a loophole in Section 11 of the Act, which will favour the offenders.
Q. If the age of AA is 1919 years, what will be the relevancy of the question of intention of Mr. X ?
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Notes Wala answered |
According to question,
Since the age of A is 1919 years which is above 1818 years.
This law applies to the child under the age of 1818 years.
Hence this law does not apply and is irrelevant.
The correct answer is The question of intention is not relevant.
Directions: Read the following passage and answer the question.To deal with sexual assaults and exploitation over children, the government has established special law, POCSO Act,2012.The said Act sanctions every recognised offences of sexual abuse against children by prescribing stringent punishment keeping in mind the gravity of the offence.The POCSO Amendment Act,2019 was enacted to enhance the punishment up to the death penalty and to curb child pornography. However, the amendment seems to be arbitrary and vague.Section 4(2) of the POCSO Act, which was inserted by the POCSO Amendment Act of 2019 provides for a classification that is unreasonable and is in violation of Article 14 of the Constitution. Article 14 provides for the "equal protection of laws". It prohibits class legislation but permits reasonable classification of persons or things. The classic nexus test as outlined in the Anwar Ali Sarkar case is;"To pass the test of permissible classification two conditions must be fulfilled viz.(I) That the classification must be founded on an intelligible differentia which distinguishes those that are grouped together from others left out of the group, and(II) That the differentia must have a rational relation to the objects sought to be achieved by the Act. The differentia which is the basis of the classification and the object of the Act are distinct and what is necessary is that there must be nexus between them."Before the POCSO Act was passed in 2019 the punishment for committing penetrative sexual assault as per POCSO Act 2012 was from seven years imprisonment till life and also fine. The Act of 2019 increased the minimum term of punishment from 'seven' to 'ten' years.Now, the new amendment provides punishment for the offenders who commit penetrative sexual assault on a child below sixteen years of age. By inserting this, the legislature makes a classification between a child who is below sixteen years of age and a child who is above the age of sixteen, but below eighteen. However, the legislature has defined a "child" as 'any person below the age of eighteen years', for this Act. Thus, the above classification should be a reasonable classification since it has been made within the same group, i.e., 'children'.There can be no intelligible differentia in this classification. The differentia in this classification is vague, since there is an uncertainty in determining the age of maturity factor. It is to be noted that the differentia must have a rational relation to the objects sought to be achieved by the Act.This classification gives way for the thought that raping a child below sixteen years is a graver offence, whereas on the other hand raping a child of sixteen or seventeen years of age, who may have the same maturity as some children belonging to the other class is not considered to be a graver offence. This classification thus, is unreasonable and hence violative of Article 14.Section 11 and 12 of the POCSO Act provides for the provisions regarding sexual harassment and punishment therefore. Section 11 states as "A person is said to commit sexual harassment of a child when such person with sexual intent..." Also, it has been provided that any question which involves "sexual intent" shall be a question of fact. It is an ascertained fact that the question involving intention is very difficult to prove before the Court of law. Also, there arises a question whether an offender performs the acts listed in Section 11 without sexual intention, will it not amount to sexual harassment? Even Section 354 A of the Indian Penal Code, which describes Sexual Harassment does not use the term "sexual intent", since it is not a mandatory requirement for committing sexual harassment. Thus, the term sexual intent creates a loophole in Section 11 of the Act, which will favour the offenders.Q. Why does the author calls the differentia vague ?... more
Directions: Read the following passage and answer the question.
To deal with sexual assaults and exploitation over children, the government has established special law, POCSO Act,2012.The said Act sanctions every recognised offences of sexual abuse against children by prescribing stringent punishment keeping in mind the gravity of the offence.
The POCSO Amendment Act,2019 was enacted to enhance the punishment up to the death penalty and to curb child pornography. However, the amendment seems to be arbitrary and vague.
Section 4(2) of the POCSO Act, which was inserted by the POCSO Amendment Act of 2019 provides for a classification that is unreasonable and is in violation of Article 14 of the Constitution. Article 14 provides for the "equal protection of laws". It prohibits class legislation but permits reasonable classification of persons or things. The classic nexus test as outlined in the Anwar Ali Sarkar case is;
"To pass the test of permissible classification two conditions must be fulfilled viz.
(I) That the classification must be founded on an intelligible differentia which distinguishes those that are grouped together from others left out of the group, and
(II) That the differentia must have a rational relation to the objects sought to be achieved by the Act. The differentia which is the basis of the classification and the object of the Act are distinct and what is necessary is that there must be nexus between them."
Before the POCSO Act was passed in 2019 the punishment for committing penetrative sexual assault as per POCSO Act 2012 was from seven years imprisonment till life and also fine. The Act of 2019 increased the minimum term of punishment from 'seven' to 'ten' years.
Now, the new amendment provides punishment for the offenders who commit penetrative sexual assault on a child below sixteen years of age. By inserting this, the legislature makes a classification between a child who is below sixteen years of age and a child who is above the age of sixteen, but below eighteen. However, the legislature has defined a "child" as 'any person below the age of eighteen years', for this Act. Thus, the above classification should be a reasonable classification since it has been made within the same group, i.e., 'children'.
There can be no intelligible differentia in this classification. The differentia in this classification is vague, since there is an uncertainty in determining the age of maturity factor. It is to be noted that the differentia must have a rational relation to the objects sought to be achieved by the Act.
This classification gives way for the thought that raping a child below sixteen years is a graver offence, whereas on the other hand raping a child of sixteen or seventeen years of age, who may have the same maturity as some children belonging to the other class is not considered to be a graver offence. This classification thus, is unreasonable and hence violative of Article 14.
Section 11 and 12 of the POCSO Act provides for the provisions regarding sexual harassment and punishment therefore. Section 11 states as "A person is said to commit sexual harassment of a child when such person with sexual intent..." Also, it has been provided that any question which involves "sexual intent" shall be a question of fact. It is an ascertained fact that the question involving intention is very difficult to prove before the Court of law. Also, there arises a question whether an offender performs the acts listed in Section 11 without sexual intention, will it not amount to sexual harassment? Even Section 354 A of the Indian Penal Code, which describes Sexual Harassment does not use the term "sexual intent", since it is not a mandatory requirement for committing sexual harassment. Thus, the term sexual intent creates a loophole in Section 11 of the Act, which will favour the offenders.
Q. Why does the author calls the differentia vague ?
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Notes Wala answered |
According to question,
There can be no intelligible differentia in this classification. The differentia in this classification is vague, since there is an uncertainty in determining the age of maturity factor. It is to be noted that the differentia must have a rational relation to the objects sought to be achieved by the Act.This classification gives way for the thought that raping a child below sixteen years is a graver offence, whereas on the other hand raping a child of sixteen or seventeen years of age, who may have the same maturity as some children belonging to the other class is not considered to be a graver offense. This classification thus, is unreasonable and hence violative of Article 14.
Hence, the correct answer is Both (a) and (b) are correct.
Directions: Read the following passage and answer the question.To deal with sexual assaults and exploitation over children, the government has established special law, POCSO Act,2012.The said Act sanctions every recognised offences of sexual abuse against children by prescribing stringent punishment keeping in mind the gravity of the offence.The POCSO Amendment Act,2019 was enacted to enhance the punishment up to the death penalty and to curb child pornography. However, the amendment seems to be arbitrary and vague.Section 4(2) of the POCSO Act, which was inserted by the POCSO Amendment Act of 2019 provides for a classification that is unreasonable and is in violation of Article 14 of the Constitution. Article 14 provides for the "equal protection of laws". It prohibits class legislation but permits reasonable classification of persons or things. The classic nexus test as outlined in the Anwar Ali Sarkar case is;"To pass the test of permissible classification two conditions must be fulfilled viz.(I) That the classification must be founded on an intelligible differentia which distinguishes those that are grouped together from others left out of the group, and(II) That the differentia must have a rational relation to the objects sought to be achieved by the Act. The differentia which is the basis of the classification and the object of the Act are distinct and what is necessary is that there must be nexus between them."Before the POCSO Act was passed in 2019 the punishment for committing penetrative sexual assault as per POCSO Act 2012 was from seven years imprisonment till life and also fine. The Act of 2019 increased the minimum term of punishment from 'seven' to 'ten' years.Now, the new amendment provides punishment for the offenders who commit penetrative sexual assault on a child below sixteen years of age. By inserting this, the legislature makes a classification between a child who is below sixteen years of age and a child who is above the age of sixteen, but below eighteen. However, the legislature has defined a "child" as 'any person below the age of eighteen years', for this Act. Thus, the above classification should be a reasonable classification since it has been made within the same group, i.e., 'children'.There can be no intelligible differentia in this classification. The differentia in this classification is vague, since there is an uncertainty in determining the age of maturity factor. It is to be noted that the differentia must have a rational relation to the objects sought to be achieved by the Act.This classification gives way for the thought that raping a child below sixteen years is a graver offence, whereas on the other hand raping a child of sixteen or seventeen years of age, who may have the same maturity as some children belonging to the other class is not considered to be a graver offence. This classification thus, is unreasonable and hence violative of Article 14.Section 11 and 12 of the POCSO Act provides for the provisions regarding sexual harassment and punishment therefore. Section 11 states as "A person is said to commit sexual harassment of a child when such person with sexual intent..." Also, it has been provided that any question which involves "sexual intent" shall be a question of fact. It is an ascertained fact that the question involving intention is very difficult to prove before the Court of law. Also, there arises a question whether an offender performs the acts listed in Section 11 without sexual intention, will it not amount to sexual harassment? Even Section 354 A of the Indian Penal Code, which describes Sexual Harassment does not use the term "sexual intent", since it is not a mandatory requirement for committing sexual harassment. Thus, the term sexual intent creates a loophole in Section 11 of the Act, which will favour the offenders.Q. Mr. X,X, the uncle of a girl 'A''A' of aged 99 years, is charged under the POCSO Act 20192019 of sexually assaulting A at his home in the absence of his parents. A gives a statement to the police that his uncle touched him inappropriately during many occasions and on the concerned day, he offered him a chocolate if A agrees to kiss him on his cheek. Mr. XX claimed that the said act was completely out of love and affection as his uncle and he had no intention to sexually harass A.A. According to the new amendment, the question of intention is... more
Directions: Read the following passage and answer the question.
To deal with sexual assaults and exploitation over children, the government has established special law, POCSO Act,2012.The said Act sanctions every recognised offences of sexual abuse against children by prescribing stringent punishment keeping in mind the gravity of the offence.
The POCSO Amendment Act,2019 was enacted to enhance the punishment up to the death penalty and to curb child pornography. However, the amendment seems to be arbitrary and vague.
Section 4(2) of the POCSO Act, which was inserted by the POCSO Amendment Act of 2019 provides for a classification that is unreasonable and is in violation of Article 14 of the Constitution. Article 14 provides for the "equal protection of laws". It prohibits class legislation but permits reasonable classification of persons or things. The classic nexus test as outlined in the Anwar Ali Sarkar case is;
"To pass the test of permissible classification two conditions must be fulfilled viz.
(I) That the classification must be founded on an intelligible differentia which distinguishes those that are grouped together from others left out of the group, and
(II) That the differentia must have a rational relation to the objects sought to be achieved by the Act. The differentia which is the basis of the classification and the object of the Act are distinct and what is necessary is that there must be nexus between them."
Before the POCSO Act was passed in 2019 the punishment for committing penetrative sexual assault as per POCSO Act 2012 was from seven years imprisonment till life and also fine. The Act of 2019 increased the minimum term of punishment from 'seven' to 'ten' years.
Now, the new amendment provides punishment for the offenders who commit penetrative sexual assault on a child below sixteen years of age. By inserting this, the legislature makes a classification between a child who is below sixteen years of age and a child who is above the age of sixteen, but below eighteen. However, the legislature has defined a "child" as 'any person below the age of eighteen years', for this Act. Thus, the above classification should be a reasonable classification since it has been made within the same group, i.e., 'children'.
There can be no intelligible differentia in this classification. The differentia in this classification is vague, since there is an uncertainty in determining the age of maturity factor. It is to be noted that the differentia must have a rational relation to the objects sought to be achieved by the Act.
This classification gives way for the thought that raping a child below sixteen years is a graver offence, whereas on the other hand raping a child of sixteen or seventeen years of age, who may have the same maturity as some children belonging to the other class is not considered to be a graver offence. This classification thus, is unreasonable and hence violative of Article 14.
Section 11 and 12 of the POCSO Act provides for the provisions regarding sexual harassment and punishment therefore. Section 11 states as "A person is said to commit sexual harassment of a child when such person with sexual intent..." Also, it has been provided that any question which involves "sexual intent" shall be a question of fact. It is an ascertained fact that the question involving intention is very difficult to prove before the Court of law. Also, there arises a question whether an offender performs the acts listed in Section 11 without sexual intention, will it not amount to sexual harassment? Even Section 354 A of the Indian Penal Code, which describes Sexual Harassment does not use the term "sexual intent", since it is not a mandatory requirement for committing sexual harassment. Thus, the term sexual intent creates a loophole in Section 11 of the Act, which will favour the offenders.
Q. Mr. X,X, the uncle of a girl 'A''A' of aged 99 years, is charged under the POCSO Act 20192019 of sexually assaulting A at his home in the absence of his parents. A gives a statement to the police that his uncle touched him inappropriately during many occasions and on the concerned day, he offered him a chocolate if A agrees to kiss him on his cheek. Mr. XX claimed that the said act was completely out of love and affection as his uncle and he had no intention to sexually harass A.A. According to the new amendment, the question of intention is
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Future Foundation Institute answered |
Section 1111and 1212 of the POCSO Act provides for the provisions regarding sexual harassment and punishment therefore. Section 1111 states as "A person is said to commit sexual harassment of a child when such person with sexual intent..." Also, it has been provided that any question which involves "sexual intent" shall be a question of fact. It is an ascertained fact that the question involving intention is very difficult to prove before the Court of law. Also, there arises a question whether an offender performs the acts list
Hence, the correct answer is Relevant and can be proved with facts associated with the accused.
Directions: Read the following passage and answer the question.To deal with sexual assaults and exploitation over children, the government has established special law, POCSO Act,2012.The said Act sanctions every recognised offences of sexual abuse against children by prescribing stringent punishment keeping in mind the gravity of the offence.The POCSO Amendment Act,2019 was enacted to enhance the punishment up to the death penalty and to curb child pornography. However, the amendment seems to be arbitrary and vague.Section 4(2) of the POCSO Act, which was inserted by the POCSO Amendment Act of 2019 provides for a classification that is unreasonable and is in violation of Article 14 of the Constitution. Article 14 provides for the "equal protection of laws". It prohibits class legislation but permits reasonable classification of persons or things. The classic nexus test as outlined in the Anwar Ali Sarkar case is;"To pass the test of permissible classification two conditions must be fulfilled viz.(I) That the classification must be founded on an intelligible differentia which distinguishes those that are grouped together from others left out of the group, and(II) That the differentia must have a rational relation to the objects sought to be achieved by the Act. The differentia which is the basis of the classification and the object of the Act are distinct and what is necessary is that there must be nexus between them."Before the POCSO Act was passed in 2019 the punishment for committing penetrative sexual assault as per POCSO Act 2012 was from seven years imprisonment till life and also fine. The Act of 2019 increased the minimum term of punishment from 'seven' to 'ten' years.Now, the new amendment provides punishment for the offenders who commit penetrative sexual assault on a child below sixteen years of age. By inserting this, the legislature makes a classification between a child who is below sixteen years of age and a child who is above the age of sixteen, but below eighteen. However, the legislature has defined a "child" as 'any person below the age of eighteen years', for this Act. Thus, the above classification should be a reasonable classification since it has been made within the same group, i.e., 'children'.There can be no intelligible differentia in this classification. The differentia in this classification is vague, since there is an uncertainty in determining the age of maturity factor. It is to be noted that the differentia must have a rational relation to the objects sought to be achieved by the Act.This classification gives way for the thought that raping a child below sixteen years is a graver offence, whereas on the other hand raping a child of sixteen or seventeen years of age, who may have the same maturity as some children belonging to the other class is not considered to be a graver offence. This classification thus, is unreasonable and hence violative of Article 14.Section 11 and 12 of the POCSO Act provides for the provisions regarding sexual harassment and punishment therefore. Section 11 states as "A person is said to commit sexual harassment of a child when such person with sexual intent..." Also, it has been provided that any question which involves "sexual intent" shall be a question of fact. It is an ascertained fact that the question involving intention is very difficult to prove before the Court of law. Also, there arises a question whether an offender performs the acts listed in Section 11 without sexual intention, will it not amount to sexual harassment? Even Section 354 A of the Indian Penal Code, which describes Sexual Harassment does not use the term "sexual intent", since it is not a mandatory requirement for committing sexual harassment. Thus, the term sexual intent creates a loophole in Section 11 of the Act, which will favour the offenders.Q. What is the view author is trying to attribute in this paragraph ?... more
Directions: Read the following passage and answer the question.
To deal with sexual assaults and exploitation over children, the government has established special law, POCSO Act,2012.The said Act sanctions every recognised offences of sexual abuse against children by prescribing stringent punishment keeping in mind the gravity of the offence.
The POCSO Amendment Act,2019 was enacted to enhance the punishment up to the death penalty and to curb child pornography. However, the amendment seems to be arbitrary and vague.
Section 4(2) of the POCSO Act, which was inserted by the POCSO Amendment Act of 2019 provides for a classification that is unreasonable and is in violation of Article 14 of the Constitution. Article 14 provides for the "equal protection of laws". It prohibits class legislation but permits reasonable classification of persons or things. The classic nexus test as outlined in the Anwar Ali Sarkar case is;
"To pass the test of permissible classification two conditions must be fulfilled viz.
(I) That the classification must be founded on an intelligible differentia which distinguishes those that are grouped together from others left out of the group, and
(II) That the differentia must have a rational relation to the objects sought to be achieved by the Act. The differentia which is the basis of the classification and the object of the Act are distinct and what is necessary is that there must be nexus between them."
Before the POCSO Act was passed in 2019 the punishment for committing penetrative sexual assault as per POCSO Act 2012 was from seven years imprisonment till life and also fine. The Act of 2019 increased the minimum term of punishment from 'seven' to 'ten' years.
Now, the new amendment provides punishment for the offenders who commit penetrative sexual assault on a child below sixteen years of age. By inserting this, the legislature makes a classification between a child who is below sixteen years of age and a child who is above the age of sixteen, but below eighteen. However, the legislature has defined a "child" as 'any person below the age of eighteen years', for this Act. Thus, the above classification should be a reasonable classification since it has been made within the same group, i.e., 'children'.
There can be no intelligible differentia in this classification. The differentia in this classification is vague, since there is an uncertainty in determining the age of maturity factor. It is to be noted that the differentia must have a rational relation to the objects sought to be achieved by the Act.
This classification gives way for the thought that raping a child below sixteen years is a graver offence, whereas on the other hand raping a child of sixteen or seventeen years of age, who may have the same maturity as some children belonging to the other class is not considered to be a graver offence. This classification thus, is unreasonable and hence violative of Article 14.
Section 11 and 12 of the POCSO Act provides for the provisions regarding sexual harassment and punishment therefore. Section 11 states as "A person is said to commit sexual harassment of a child when such person with sexual intent..." Also, it has been provided that any question which involves "sexual intent" shall be a question of fact. It is an ascertained fact that the question involving intention is very difficult to prove before the Court of law. Also, there arises a question whether an offender performs the acts listed in Section 11 without sexual intention, will it not amount to sexual harassment? Even Section 354 A of the Indian Penal Code, which describes Sexual Harassment does not use the term "sexual intent", since it is not a mandatory requirement for committing sexual harassment. Thus, the term sexual intent creates a loophole in Section 11 of the Act, which will favour the offenders.
Q. What is the view author is trying to attribute in this paragraph ?
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Future Foundation Institute answered |
According to question,
The, differentia which is the basis of the classification and the object of the Act are distinct and what is necessary is that there must be nexus between them.
Hence, the correct answer is The differentia created by the new amendment, is not in conformity with the rules laid down in Anwar Ali Sarkar case.
Directions: Read the following passage and answer the question.The Madras High Court has dismissed a case filed by a person challenging two consecutive orders passed by courts directing him to pay maintenance of Rs.5000 a month to his aged mother under Section 125 of the Code of Criminal Procedure (Order for maintenance of wives, children and parents).Justice PN. Prakash said he did not find any manifest illegality in the order passed by a judicial magistrate court in Salem in 2012 and confirmed by a sessions court in 2014 while dismissing a revision petition preferred by the man under Section 397 of the CrPC (calling for records to exercise powers of revision). The judge pointed out that an order by a judicial or metropolitan magistrate for payment of monthly maintenance to parents, wife or children could be challenged by way of a criminal revision petition either before a High Court or a sessions court. After the petitioner moves a revision application before the High Court or the sessions court, no further application by the same person could be entertained by either of the courts.There was a specific bar on it under Section 397(3) of CrPC.In an attempt to overcome such a bar, the present petitioner preferred an application before the High Court under Section 482 of the CrPC (inherent power of the High Court to prevent abuse of process of any court or to secure the ends of justice). Holding the course adopted by the petitioner as not maintainable, Justice Prakash said petitions under Section 482 could be entertained by the High Court only if there was a manifest illegality in the orders passed by the courts below. "In the present case, this court does not find any such illegality.The mother-son relationship is not disputed.Only the quantum of maintenance is challenged. This is a question of fact, which has been gone into by the two courts below," the judge said, and dismissed the case.Q. As per section 482482 CrPC the decision given by High court is:... more
Directions: Read the following passage and answer the question.
The Madras High Court has dismissed a case filed by a person challenging two consecutive orders passed by courts directing him to pay maintenance of Rs.5000 a month to his aged mother under Section 125 of the Code of Criminal Procedure (Order for maintenance of wives, children and parents).
Justice PN. Prakash said he did not find any manifest illegality in the order passed by a judicial magistrate court in Salem in 2012 and confirmed by a sessions court in 2014 while dismissing a revision petition preferred by the man under Section 397 of the CrPC (calling for records to exercise powers of revision). The judge pointed out that an order by a judicial or metropolitan magistrate for payment of monthly maintenance to parents, wife or children could be challenged by way of a criminal revision petition either before a High Court or a sessions court. After the petitioner moves a revision application before the High Court or the sessions court, no further application by the same person could be entertained by either of the courts.There was a specific bar on it under Section 397(3) of CrPC.
In an attempt to overcome such a bar, the present petitioner preferred an application before the High Court under Section 482 of the CrPC (inherent power of the High Court to prevent abuse of process of any court or to secure the ends of justice). Holding the course adopted by the petitioner as not maintainable, Justice Prakash said petitions under Section 482 could be entertained by the High Court only if there was a manifest illegality in the orders passed by the courts below. "In the present case, this court does not find any such illegality.The mother-son relationship is not disputed.Only the quantum of maintenance is challenged. This is a question of fact, which has been gone into by the two courts below," the judge said, and dismissed the case.
Q. As per section 482482 CrPC the decision given by High court is:
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Aspire Academy answered |
According to the Section 482 of the CrPC The powers of the High Court are partly administrative and partly judicial. This section was added as the High Courts were unable to render complete justice even if in a given case the illegality was palpable and apparent.
The section envisages 3 circumstances in which the inherent jurisdiction may be exercised, namely, "to give effect to an order under CrPC, to prevent abuse of the process of the court, and to secure the ends of justice".
Directions: Read the following passage and answer the question.The Madras High Court has dismissed a case filed by a person challenging two consecutive orders passed by courts directing him to pay maintenance of Rs.5000 a month to his aged mother under Section 125 of the Code of Criminal Procedure (Order for maintenance of wives, children and parents).Justice PN. Prakash said he did not find any manifest illegality in the order passed by a judicial magistrate court in Salem in 2012 and confirmed by a sessions court in 2014 while dismissing a revision petition preferred by the man under Section 397 of the CrPC (calling for records to exercise powers of revision). The judge pointed out that an order by a judicial or metropolitan magistrate for payment of monthly maintenance to parents, wife or children could be challenged by way of a criminal revision petition either before a High Court or a sessions court. After the petitioner moves a revision application before the High Court or the sessions court, no further application by the same person could be entertained by either of the courts.There was a specific bar on it under Section 397(3) of CrPC.In an attempt to overcome such a bar, the present petitioner preferred an application before the High Court under Section 482 of the CrPC (inherent power of the High Court to prevent abuse of process of any court or to secure the ends of justice). Holding the course adopted by the petitioner as not maintainable, Justice Prakash said petitions under Section 482 could be entertained by the High Court only if there was a manifest illegality in the orders passed by the courts below. "In the present case, this court does not find any such illegality.The mother-son relationship is not disputed.Only the quantum of maintenance is challenged. This is a question of fact, which has been gone into by the two courts below," the judge said, and dismissed the case.Q. Sumanta is married to Sunita and has 3 children- Rajdeep,Rajrupa and Rajendrani. Also Gitarani, mother of Sumanta, is also alive with no means to sustain herself. In the year 2019 Sumanta left his wife Sunita who is dependent on him. Now to whom does Sumanta have to pay maintenance ?... more
Directions: Read the following passage and answer the question.
The Madras High Court has dismissed a case filed by a person challenging two consecutive orders passed by courts directing him to pay maintenance of Rs.5000 a month to his aged mother under Section 125 of the Code of Criminal Procedure (Order for maintenance of wives, children and parents).
Justice PN. Prakash said he did not find any manifest illegality in the order passed by a judicial magistrate court in Salem in 2012 and confirmed by a sessions court in 2014 while dismissing a revision petition preferred by the man under Section 397 of the CrPC (calling for records to exercise powers of revision). The judge pointed out that an order by a judicial or metropolitan magistrate for payment of monthly maintenance to parents, wife or children could be challenged by way of a criminal revision petition either before a High Court or a sessions court. After the petitioner moves a revision application before the High Court or the sessions court, no further application by the same person could be entertained by either of the courts.There was a specific bar on it under Section 397(3) of CrPC.
In an attempt to overcome such a bar, the present petitioner preferred an application before the High Court under Section 482 of the CrPC (inherent power of the High Court to prevent abuse of process of any court or to secure the ends of justice). Holding the course adopted by the petitioner as not maintainable, Justice Prakash said petitions under Section 482 could be entertained by the High Court only if there was a manifest illegality in the orders passed by the courts below. "In the present case, this court does not find any such illegality.The mother-son relationship is not disputed.Only the quantum of maintenance is challenged. This is a question of fact, which has been gone into by the two courts below," the judge said, and dismissed the case.
Q. Sumanta is married to Sunita and has 3 children- Rajdeep,Rajrupa and Rajendrani. Also Gitarani, mother of Sumanta, is also alive with no means to sustain herself. In the year 2019 Sumanta left his wife Sunita who is dependent on him. Now to whom does Sumanta have to pay maintenance ?
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Aspire Academy answered |
According to Section 125 of the Code of Criminal Procedure, This code provides that any person who has sufficient means to maintain himself cannot deny the maintenance to the wife, children, and parents if they are not able to maintain themselves.
Hence, in accordance with the above provision, Sumanta shall have to pay maintenance to Sunita, Rajdeep, Rajrupa, Rajendrani and Gitarani.
Directions: Read the following passage and answer the question.The Madras High Court has dismissed a case filed by a person challenging two consecutive orders passed by courts directing him to pay maintenance of Rs.5000 a month to his aged mother under Section 125 of the Code of Criminal Procedure (Order for maintenance of wives, children and parents).Justice PN. Prakash said he did not find any manifest illegality in the order passed by a judicial magistrate court in Salem in 2012 and confirmed by a sessions court in 2014 while dismissing a revision petition preferred by the man under Section 397 of the CrPC (calling for records to exercise powers of revision). The judge pointed out that an order by a judicial or metropolitan magistrate for payment of monthly maintenance to parents, wife or children could be challenged by way of a criminal revision petition either before a High Court or a sessions court. After the petitioner moves a revision application before the High Court or the sessions court, no further application by the same person could be entertained by either of the courts.There was a specific bar on it under Section 397(3) of CrPC.In an attempt to overcome such a bar, the present petitioner preferred an application before the High Court under Section 482 of the CrPC (inherent power of the High Court to prevent abuse of process of any court or to secure the ends of justice). Holding the course adopted by the petitioner as not maintainable, Justice Prakash said petitions under Section 482 could be entertained by the High Court only if there was a manifest illegality in the orders passed by the courts below. "In the present case, this court does not find any such illegality.The mother-son relationship is not disputed.Only the quantum of maintenance is challenged. This is a question of fact, which has been gone into by the two courts below," the judge said, and dismissed the case.Q. Vikash instituted a criminal proceeding which manifests his malafide motive with an ulterior motive for wreaking vengeance on Rajesh, the accused and with a view to spite him due to personal grudge. The trial court passed an order in favour of Vikash and awarded Rajesh a penalty of 22 years of jail term. Rajesh filed a petition in High Court under section 482482 CrPC. What will happen now.... more
Directions: Read the following passage and answer the question.
The Madras High Court has dismissed a case filed by a person challenging two consecutive orders passed by courts directing him to pay maintenance of Rs.5000 a month to his aged mother under Section 125 of the Code of Criminal Procedure (Order for maintenance of wives, children and parents).
Justice PN. Prakash said he did not find any manifest illegality in the order passed by a judicial magistrate court in Salem in 2012 and confirmed by a sessions court in 2014 while dismissing a revision petition preferred by the man under Section 397 of the CrPC (calling for records to exercise powers of revision). The judge pointed out that an order by a judicial or metropolitan magistrate for payment of monthly maintenance to parents, wife or children could be challenged by way of a criminal revision petition either before a High Court or a sessions court. After the petitioner moves a revision application before the High Court or the sessions court, no further application by the same person could be entertained by either of the courts.There was a specific bar on it under Section 397(3) of CrPC.
In an attempt to overcome such a bar, the present petitioner preferred an application before the High Court under Section 482 of the CrPC (inherent power of the High Court to prevent abuse of process of any court or to secure the ends of justice). Holding the course adopted by the petitioner as not maintainable, Justice Prakash said petitions under Section 482 could be entertained by the High Court only if there was a manifest illegality in the orders passed by the courts below. "In the present case, this court does not find any such illegality.The mother-son relationship is not disputed.Only the quantum of maintenance is challenged. This is a question of fact, which has been gone into by the two courts below," the judge said, and dismissed the case.
Q. Vikash instituted a criminal proceeding which manifests his malafide motive with an ulterior motive for wreaking vengeance on Rajesh, the accused and with a view to spite him due to personal grudge. The trial court passed an order in favour of Vikash and awarded Rajesh a penalty of 22 years of jail term. Rajesh filed a petition in High Court under section 482482 CrPC. What will happen now.
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Aspire Academy answered |
According to question,
Trial court verdict was in favour of Vikash and awarded Rajesh a penalty of 2 years of jail term. Rajesh filed a petition in High Court under section 482482CrPC. Petitions under Under Section482482 could be entertained by the High Court only if there was a manifest illegality in the orders passed by the courts below. "In the present case, this court does not find any such illegality.
Thus, High court will entertain the petition and rule in favour of Rajesh.
Hence the correct answer is High court will entertain the petition and rule in favour of Rajesh.
Directions: Read the following passage and answer the question.The Madras High Court has dismissed a case filed by a person challenging two consecutive orders passed by courts directing him to pay maintenance of Rs.5000 a month to his aged mother under Section 125 of the Code of Criminal Procedure (Order for maintenance of wives, children and parents).Justice PN. Prakash said he did not find any manifest illegality in the order passed by a judicial magistrate court in Salem in 2012 and confirmed by a sessions court in 2014 while dismissing a revision petition preferred by the man under Section 397 of the CrPC (calling for records to exercise powers of revision). The judge pointed out that an order by a judicial or metropolitan magistrate for payment of monthly maintenance to parents, wife or children could be challenged by way of a criminal revision petition either before a High Court or a sessions court. After the petitioner moves a revision application before the High Court or the sessions court, no further application by the same person could be entertained by either of the courts.There was a specific bar on it under Section 397(3) of CrPC.In an attempt to overcome such a bar, the present petitioner preferred an application before the High Court under Section 482 of the CrPC (inherent power of the High Court to prevent abuse of process of any court or to secure the ends of justice). Holding the course adopted by the petitioner as not maintainable, Justice Prakash said petitions under Section 482 could be entertained by the High Court only if there was a manifest illegality in the orders passed by the courts below. "In the present case, this court does not find any such illegality.The mother-son relationship is not disputed.Only the quantum of maintenance is challenged. This is a question of fact, which has been gone into by the two courts below," the judge said, and dismissed the case.Q. "Revisional powers belong to supervisory jurisdiction of a superior court." What can a High Court do in case of revision ?... more
Directions: Read the following passage and answer the question.
The Madras High Court has dismissed a case filed by a person challenging two consecutive orders passed by courts directing him to pay maintenance of Rs.5000 a month to his aged mother under Section 125 of the Code of Criminal Procedure (Order for maintenance of wives, children and parents).
Justice PN. Prakash said he did not find any manifest illegality in the order passed by a judicial magistrate court in Salem in 2012 and confirmed by a sessions court in 2014 while dismissing a revision petition preferred by the man under Section 397 of the CrPC (calling for records to exercise powers of revision). The judge pointed out that an order by a judicial or metropolitan magistrate for payment of monthly maintenance to parents, wife or children could be challenged by way of a criminal revision petition either before a High Court or a sessions court. After the petitioner moves a revision application before the High Court or the sessions court, no further application by the same person could be entertained by either of the courts.There was a specific bar on it under Section 397(3) of CrPC.
In an attempt to overcome such a bar, the present petitioner preferred an application before the High Court under Section 482 of the CrPC (inherent power of the High Court to prevent abuse of process of any court or to secure the ends of justice). Holding the course adopted by the petitioner as not maintainable, Justice Prakash said petitions under Section 482 could be entertained by the High Court only if there was a manifest illegality in the orders passed by the courts below. "In the present case, this court does not find any such illegality.The mother-son relationship is not disputed.Only the quantum of maintenance is challenged. This is a question of fact, which has been gone into by the two courts below," the judge said, and dismissed the case.
Q. "Revisional powers belong to supervisory jurisdiction of a superior court." What can a High Court do in case of revision ?
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Glance Learning Institute answered |
According to question,
Petitions under Section 482482 could be entertained by the High Court only if there was a manifest illegality in the orders passed by the courts below.
Hence, the correct answer is The court has to confine to the legality and propriety of the findings and also whether the subordinate court has kept itself within the bounds of its jurisdiction including whether the court has failed to exercise the jurisdiction vested in it.
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