Legal General Knowledge | Legal Reasoning for CLAT PDF Download

Introduction

Following are some of the Important Legal terms, Judgments, Constitutional, Legal Provisions & GK which are useful to lawyers and students appearing for different Law entrance tests like CLAT, LSAT, Delhi University L.LB Entrance Test, AILET etc

1. What are the Writs that can be issued by High Court and Supreme Court? 

Ans: Mandamus, Habeas Corpus, Certiorari, Quo Warranto

2.  Legal Advisor to the Government of a State in India
Ans: The Advocate General

3. Issues D.K. Basu v. State of West Bengal deal with
Ans: Safeguards for arrested persons

4. The age of retirement of a Judge of a High Court in India 

Ans: 62 Years

5. In law, the term 'neighbour' means
Ans: People who might be affected by your actions

6. Supreme Court directed the compulsory registration of all marriages in India in
Seema vs Ashwini Kumar

7. Principle applicable for the purpose of reducing multiplicity of proceedings in court
Res judicata

8. Legal phrase amicus curiae means
Friend of the Court

9. Appellate Jurisdiction: Interpretation of the constitution falls under Appellate jurisdiction.

10. Bye-Laws: Laws made by executives for administrative convenience are called Bye-Laws.
11. Supreme Court for the first time lay down that Fundamental Rights have primacy over the Directive Principles of State Policy:
Minerva Mills vs Union of India

12. Writs can be used against a person believed to be holding a public office he is not entitled to hold:
Quo Warranto
 13. Statutory duty of laying down the standards of professional conduct and etiquette for advocates in India is entrusted with:
Bar Council of India 

14. A person has designed a new type of automatic motor pump. Under which act can he seek protection of his invention 
The Patents Act

15. Speaker can ask a member of a house to stop speaking & let another member speak: Yielding the floor.

16. Laws deal with intellectual property protection for horticultural products:
Protection of Plant Varieties and Farmers Rights Act
17. What is the limitation period (maximum time limit) for filing of a complaint before the consumer disputes redressal forum from the date when the cause of action arises?
Two years

18. Under which law a minor is incapable of entering into contract
Indian Contract Act, 1872
19.  Which writ is said to be a guarantor of personal freedom
Habaes Corpus
20. Which is the oldest High Court in India 
High Court of Calcutta

Oldest High Court in India: Calcutta 21. The power to issue writs has been envisaged under the provisions of which fundamental rights
Right to Constitutional Remedies 
22. Rule of Law means
All persons are equal in the eyes of law  
23. The writ to force a public authority to perform a public or statutory duty 
Mandamus
24. In which landmark judgment did the Supreme Court of India lay down guidelines against sexual harassment of women at workplace: Vishakha vs. State of Rajasthan

25. The marriage of a 15 year old girl with a 45 year old man is voidable at the option of the girl.

26. Legal Term Caveat Emptor refer to: Let the buyer beware 

27: First woman judge appointed to the Supreme Court of India: Justice Smt M. Fathima Beevi 
25. State which has the highest number of seats reserved for ST in Lok Sabha: Madhya Pradesh.
26. Five Year plan Concept borrowed from: USSR.
27. The act that provided for the first time for separate representation of Muslim community – Indian council act (Morley Minto Reforms) 1909.
28. Minerva Mills V. UOI – Stuck principles over Fundamental rights.
29. BCI – Statutory body of laying down the standards of professional conduct & etiquette for advocates in India.
30. MCI – Statutory body of laying down the standards of professional conduct & etiquette for Doctors in India.
31. Max. time for filing of a complaint before consumer disputes redressal forum from the date when Cause of action arises – 2 Years.
32. First English legal charter relating to Fundamental Rights of the citizens – Magna Carta.

34. 1st Woman Supreme court Judge – J. Fatima Beevi.

35. 1st Woman High court judge – J. Leela Seth.

J. Leela Seth36. Aruna Shaunbaug V. UOI Passive euthanasia under exceptional circumstances allowed.
37. Andaman & Nicobar islands come under the jurisdiction of Calcutta High court.
38. Lakshadweep islands come under the jurisdiction of the Kerala High court.
39. Finance Secretary – Not a constitutional post.
40. CEC, CAG, Vice president of India – Constitutional posts.
41. Constitutional bench – 5 Judges.
42. Full bench – All judges in a court or Specified No. of judges fixed by Chief justice.
43. Division bench – 2 Judges.
44. Right to vote – Legal/Constitutional Right.
45. Right to Property – Legal/Statutory right.
46. 1 st Law Minister of India – Dr. B.R. Ambedkar.
47. 1 st committee on Backward classes – Kelkar commission.
48. Babri Masjid demolition case – Liberhan commission.
49. Reservation of seats for Backward classes – Mandal commission.
50. Center-states relations – Sarkaria commission (First) M.M. Punchhi Commission (Second)
51. Advocates act – 1961.
52. 1st Indian state to be formed on a Linguistic basis – Andhra Pradesh
53. First General elections took place – 1951
54. Setting a Supreme court was in Calcutta is a part of Regulating act, 1773
55. NJAC has been set up – 99th Amendment act (Collegium system restored)
56. Exchange of territories b/w India and Bangladesh – 100th amendment (w.e.f. May 2015 )
57. Anti Defection law is provided under – 10th Schedule.
58. Constituent assembly which framed the constitution for independent India was set up in 1946.
59. Original members in Constituent assembly – 389 Members.
60. Defamation – Both Tort & Crime
61. The First hour of every sitting of Parliament is known as Question Hour.
62. 1st Speaker of Lok Sabha – G.V. Mavlankar
63. 1st India Governor-General of Free India – C. Rajgopalachari
64. 1st Governor-General of India – Lord Mountbatten
65. 1st Amendment came in 1951
66. Primary education was added to 93rd Amendment.
67. Child marriage Restraint Act, 2006 is applicable to all, irrespective of religions
68. Manager of Wakf is known as – Mutawalli.
69. A witness who is unable to speak gives his evidence by writing in open court – Oral evidence.
70. 1st Chairman of NHRC – J. Ranganath Mishra.
71. Ossification test is done to determine the age.
72. Sedition is the crime of arousing hatred or contempt against GOI 60. An act done under the threat or fear is done under Duress.
73. In law, a man is presumed to be dead if he is not heard of as alive for 7 Years.
74. Chairman of First law Commission of India – M.C. Setalvad (1955).
75. Lex Loci – Law of Place.
76. In the year 2002, the competition act was enacted replacing MRTP Act 1969.
77. The disobedience of any judgment, order of a court amounts to Contempt of court.
78. Lok Adalat camps were started at Junagarh District in Gujarat in 1982 and First Lok Adalat was held at Chennai in 1986.
79. Father of Jurisprudence – John Locke.
80. Vishaka V. State of Raj. – Supreme court issued guidelines on Sexual harassment of women at workplaces.
81. Goa comes under the jurisdiction of the Mumbai High Court.
82. In an election, electioneering has to be stopped 48 Hrs. before starting the polling.
83. Power to decide an election petition vests with High Courts.
84. The examination of a witness by the adverse party is called Cross-Examination.
85. 1st Attorney general of India – M.C. Setalvad
86. 1 st Solicitor general of India – C.K. Daphtary
87. After independence, the Supreme court of India came into existence in the year 1950.
88. J. P.N. Bhagwati-Responsible for the introduction of PIL in India.
89. A post-dated cheque bears a Future date.
90. SLP can be filed before the Supreme Court
91. Oldest code of law in India is Manusmriti.
92. 1st CIC – Wajahat Habibullah.
93. The constitutional (117th amendment) bill 2012 deals with Reservation in promotions.
94. E-Court project was launched on 9th July 2007 by the President of India at Vigyan Bhawan, New Delhi.
95. Estonia Country – Recently introduced a law which allows to cast vote through mobile phones.
96. Calcutta High Court – Established first green bench in the country. Dishonour of a cheque – Compoundable offence.
97. Simultaneous civil & criminal proceedings are maintainable but the result of one proceeding is not binding on another.
98. Cognizable offence – Arrest without warrant.
99. Supreme court or High court – authority to designate an advocate as Senior Advocate.
100. First chairman of BCI – M.C. Setalvad.

102. Members of CVC are appointed for the term of 4 Yrs or 65 Yrs. of age whichever is earlier.
104. An Indian citizen with a wife & 2 Children marries a British girl in the UK – He can be tried in India for bigamy on his return to India.
105. No-fault liability – Absolute liability even without any negligence or fault
106. NHRC – Statutory body
107. Copyright subsists for 60 Yrs.
108. The first model E-Court of the country was launched at Ahmedabad by Gujarat High Court (Providing tamper-proof authentic audio-video recording of proceedings with multi-point video conferencing facilities linking the courtroom, central jail, the police commissioner office and the forensic science laboratory)
109. Inquest – Inquiry into the apparent cause of death.
110. The concept of PIL was originated in the USA.
111. Legal Services day – 9th Nov.
112. ICJ was established in 1946.
113. ICJ judges are elected for 9 Yrs.
114. Registration of immovable property is required if the value of the property is more than 100/-
115. An offence punishable with imprisonment for a term exceeding 2 Yrs. is a Warrant Case.
116. FIR can be quashed only by High Court.
117. A foreigner committing an offence in India will be amenable to the Indian Law
118. Demand draft, cheque, pay orders & Bankers cheque are valid for 3 Months (w.e.f 01/04/2012)
119. In India, UCC is applicable in the state of Goa (Single code governs all Goans, irrespective of religion, ethnicity or linguistic affiliation)
120. The duration of CAG of India – 6 Yrs or 65 Yrs. of age whichever is earlier
125. First woman CM of state – Mrs. Sucheta Kriplani (U.P.)
126. First woman Governor of state – Mrs. Sarojini Naidu (U.P)
127. The first woman to climb Mount Everest – Bachhendri Pal
128. 1st woman advocate – Cornelia Sorabjee
129. 1st British Governor-General – Warren Hastings
130. 1st Viceroy of India – Lord Canning
131. 1st judge to face impeachment proceedings in Lok Sabha – J. V. Ramaswamy
132. Guardian of the public purse – CAG
133. B.N. Rau – Constitutional advisor to the constituent assembly.
134. Zonal Councils (Advisory or statutory bodies) – Five
135. 1st amendment – Added 9th Schedule to give legislation (Land reforms)
136. 42nd amendment 1976 – Mini Constitution
137. 1st Commercial courts were set up in Delhi (Mar. 25, 2016)
138. The first two states established Panchayati Raj – Rajasthan & Andhra Pradesh in 1956.
139. Five Yr. Plan in India is finally approved by NDC (National Development Council).
140. The Supreme court was set up by Regulating Act 1773.
141. 1st Indian state to go for internet voting – Gujarat (Apr. 2011).
142. Longest-serving PM – Pt. Jawaharlal Nehru.
143. A fiduciary relationship is based on Trust (Eg. Doctor-Patient)
144. CBI was established in 1963
145. Ernest Barker – Preamble is the keystone to the constitution
146. Gram Panchayat is the lowest stage of Local govt.
147. Japan Parliament is known as Diet
148. The Chairman of the PAC of Parliament is appointed by President.
149. A person who is not an MP can be appointed as a minister by the president for a maximum period of 6 Months.
150. Judges and magistrates of civil courts are appointed by Governor.
151. In case the office of President of India falls vacant the same must be filed within 6 Months.
152. The senior-most member of Lok Sabha – Presides over the Lok Sabha if neither the speaker nor the deputy speaker is available.
153. Distribution of powers b/w union and state have been borrowed from Canada.
154. Longest-serving CM in India – Pawan Chamling (Sikkim – 5th consecutive term).
155. Public holidays are declared under the Negotiable instruments act, 1881.
156. Indian Constitution as quasi-federal said by – K.C. Wheare.
157. Ashok Mehta committee – Panchayati Raj Institutions
158. Balwant rai Mehta committee – 3 Tier system
159. Leaving the opposition party to join the ruling party or vice versa – Crossing the floor
160. A bill referred to as the joint sitting of parliament is to be passed by a Simple majority.
161. The members of the State public service commission can be removed by the President on a report by the Supreme Court.
162. The members of Rajya Sabha are elected by elected members of the Legislative assembly.
164. J. LN Reddy's committee was made to look into the anomalies that may arise in the implementation of OROP.
172. 101 st constitutional amendment 2016 – GST (Introduced Art. 264A, 269A, 279A)

List of Committees and Commissions in India

➤ Committees in India

1. Butler Committee – Relation between Indian states & paramount power.
2. Hartog Committee – Growth of British India education-its effects.
3. Muddiman Committee – Working of Diarchy as in Montague Chelmsford reforms.
4. Malhotra Committee – Insurance Reforms.
   
   Question for Legal General Knowledge

   Try yourself:Malhotra Committee  is for?

   • A.

     Faster promotions in Army
   • B.

     Insurance Reforms
   • C.

     Companies and MRPT Act
   • D.

     Security Scam

   Explanation

   In 1993, the Govt. of India set up a committee under the chairmanship of Shri. R N Malhotra, former Governor of RBI, to propose recommendations for reforms in the insurance sector. 

   Report a problem

   Cancel Report

   View Solution
5. Janaki Ram Committee – Security Scam.
6. Ajay Vikram Singh Committee – Faster promotions in Army.
7. Rajinder Sachar Committee 1 – Companies and MRPT Act.
8. Rajindar Sachar Committee 2 – Report on the social, economic and educational status of the Muslims of India.
9. Jyoti Basu Committee – Report on Octroi abolition.
10. Balwant Rai Mehta Committee – Recommendations on decentralization system.
11. Sawant Committee – Enquiry on corruption, charges against ministers & Anna Hazare.
12. Chelliah Committee – Eradicating black money.
13. Wanchoo Committee – Tax enquiry.
14. Bhanu Pratap Singh Committee – Agriculture.
15. Agarwal Committee – Nepotism in granting petrol pump, LPG connections.
16. Rangarajan Committee – Reforms in the private sector.
17. Naresh Chandra Committee – Corporate governance.
18. Chakravarti Committee – Banking sector reforms.
19. Rekhi Committee – Structure of indirect taxation.
20. G.V.Ramakrishna Committee – Disinvestment in PSU shares.
21. Kelkar Committee 1 – First committee on backward castes.
22. P.C.Hotha Committee – Restructuring of civil services.
23. Justice B.N.Kirpal Committee – 1st chairman National Forest Commission.
24. Godbole Committee – Enron Power Project.
25. J.C.Kumarappa Committee – Congress Agrarian Reforms Committee.
26. Swaminathan Committee – Population policy.
27. Rangaraju Committee – Statistics.
28. Wardha Committee – Inquiry on the murder of Graham Staines.
29. Vohra Committee – Criminalization of politics.
30. Kelkar Committee 2 – Direct-Indirect Taxes.
31. Alagh Committee – Civil Service Examinations
32. Abid Hussain Committee – Recommendations on Small scale industries.
33. Narasimham Committee – Banking sector reforms.
34. Chelliah Committee – Tax reforms.
35. Mashelkar Committee – National Auto Fuel Policy.
36. Boothalingam Committee – Recommendations on integrated wages, income and price policy.
37. Omkar Goswami Committee Industrial sickness.
38. Yashpal Committee – Review of School Education system.
39. Ram Nandan Prasad Committee – Constitution of creamy layers among Backward Castes.
40. Kelkar Committee 3 – Enquiry on Kargil defence deals.
41. Saharya Committee – Tehelka tapes.
42. J. Narasimha committee – OROP (One rank one pension)

➤ List of Commissions

1. U.C.Benerjee Commission – Enquiry into Godhra carnage (Railways).
2. Nanavati-Shah – commission Posy Godhra riots.
3. Palekar Tribunal – Journalist pays reforms.
4. Hunter Commission – Jallianwalabagh massacre.
5. Nanavati Commission – 1984 Sikh riots.
6. Mukherjee Commission – Death/Disappearance of Subhash Chandra Bose.
7. Librehan Commission – Babri Masjid demolition case.
8. Sarkaria Commission – Centre-State relations.
9. Sri Krishna Commission – 1992 Bombay riots.
10. Thakkar Commission – Indira Gandhi assassination case.
11. Phukhan Commission – Tehelka tapes.
12. Malimath Commission – Criminal Justice.
13. Upendra Commission – Inquiry on rape and murder Thangjam Manorama Devi.
14. G.C.Garg Commission – Train accident near Khanna, Punjab.
15. Mandal Commission – Reservation of seats for Backward castes.
16. Kothari Commission – Educational reforms.

Important Judgments of 2023: Legal Bites Year Update

TATA Sons Pvt. Ltd. (Formerly TATA Sons Ltd) v. Siva Industries and Holdings Ltd & Ors.

• This case is related to the amendment of section 29A of the Arbitration and Conciliation Act. It also deals with the matter of International Commercial Arbitration jurisdiction under the aforesaid Act. 
• According to Section 29A of the (Amendment Act), an arbitral tribunal must issue an arbitral award within twelve months of the day it was established, with the parties having the option of agreeing to an additional extension of up to six months.
• Regarding the International Commercial Arbitration, Hon’ble Supreme Court observes it is not bound by the time limit of twelve months given under Section 29A of the Act.

Shipli Lenkar v. Susanta Kumar Lenkar & Anr

• In this case, the Calcutta High Court dismissed a wife’s plea for enhanced maintenance under Section 125 of the Code of Criminal Procedure (CrPC).
• The Court pointed out that the enhancement of maintenance after blocking a substantial source of the husband’s income is plainly against the interests of justice and an abuse of the process of law.

PSV v. Indian School & Anr.

• This case reflects upon how the rights of a child, as guaranteed under Article 21, are explained to be non-negotiable while also balancing the rights and authorities of the private schools to collect fees.
• This case is an important judgement with regard to the autonomy enjoyed by the private unaided schools as it defines the limit and scope of the same.

Shri Ram Shridhar Chimurkar v. Union of India

• The Supreme Court ruled that a son or daughter adopted by the widow of a deceased government employee after the employee's death cannot be considered a member of the family for purposes of claiming a family pension under Rule 54(14)(b) of the Central Civil Services (Pension) Rules, 1972.
• The court outlined the concept of "family" under the Central Civil Services (Pension) Rules, 1972, and found that it cannot be broadened to include all heirs as permitted by Hindu law or other personal laws since it is a narrow and precise term.
• As a result, a son or daughter adopted by the widow of a dead government employee after the employee's passing could not be covered by Rule 54(14)(b) of the CCS (Pension) Rules' concept of "family."

B V Seshaiah v. State of Telangana

• This case is a remarkable decision of the Supreme Court related to section 138 of the Negotiable Instrument Act, 1881.
• Telangana High Court's ruling, which overruled the parties' agreement to compound the offence and confirmed the conviction in a case involving a dishonoured check, was recently overturned by the Supreme Court.
• When parties to a litigation proceeding have agreed to compound a compoundable offence, the High Courts cannot overrule such compounding and force their will on the parties, according to a bench made up of Justices Krishna Murari and V. Ramasubramanian.

Ganesh Pawar and Ors v. Union of India

• Ganesh Pawar and Ors v. Union of India, (2023) contains the decision of the Supreme Court related to the postponement of NEET PG 2023.
• A plea by doctors asking for the National Eligibility Cum Entrance Test (NEET) postgraduate test, which is planned for March 5, 2023, to be delayed was denied by the Supreme Court on Monday (27th February 2023).
• The petition unequivocally states that the petitioners are prepared and eager to take the NEET-PG 2023–24 exam, but because the NBE’s (National Board of Examination) conduct is arbitrary and unreasonable, it has been contested.
• The candidates are made to suffer due to NBE's poor management. NBE announced the examination date without consulting the State Medical bodies, there was not enough time to prepare in addition to the busy internship schedules, timely notification of eligibility was not given, and the examination schedule as it is now will not regularise the examination process as the 2023–24 session cannot be held.

Shailendra Mani Tripathi v. Union of India and Ors.

• Shailendra Mani Tripathi v. Union of India and Ors., (2023) describes the PIL filed by Advocate Shailendra Mani Tripathi seeking menstrual leave for women and female students.
• During the hearing, a law student argued that allowing menstrual leave could discourage employers from hiring women.
• In response to this argument, CJI DY Chandrachud stated that it was true that if employers were forced to provide menstrual leave, they would hesitate to hire women in workplaces. 
• The bench also suggested that the petitioner could present their case to the Union Ministry of Women & Child Development.

Prasanta Kumarsahoo & Ors. v. Charulata Sahu & Ors.

• Prasanta Kumarsahoo & Ors. v. Charulata Sahu & Ors., (2023) elaborates upon the statement that during the pendency of a partition suit and if no final decree has been passed, the parties can seek the benefit of the amended law and request Trial Court to decide.
• The Judgment highlighted the enforceability of the amended laws as it was laid down that the same can be enforced during the pendency of a partition suit. The Supreme Court bench upheld the decision of the High Court and concluded by referring to various legal provisions and statutes such as Hindu Succession Act, The Registration Act etc.

Dr Jaya Thakur v. Union of India

• Dr Jaya Thakur v. Union of India, (2023) elaborates upon how menstrual hygiene was held to be a sensitive topic and why appropriate emphasis shall be given to the same by Government.
• The Supreme Court of India, through the Bench comprising of Chief Justice DY Chandrachud, Justices PS Narasimha and JB Pardi Wala on 10.04.2023, directed the Central government to implement a uniform national policy on menstrual hygiene, including the distribution of free menstrual pads and cups to students.

Shabnam Jahan Moiuddin Ansari v. State of Maharashtra

• Shabnam Jahan Moiuddin Ansari v. State of Maharashtra', (2023) is a recent judgment by the Bombay High Court highlighting the right of a single working woman to adopt.
• The Case reinforces that adherence to the law is practised and no ‘guesswork’ would permit valid decisions to be taken by the courts of law.

National Insurance Co. Ltd. v. Harsolia Motors and Ors.

• National Insurance Co. Ltd. v. Harsolia Motors and Ors., (2023) by Snehil Sharma contains a significant ruling in which the Supreme Court recently decided that just because an organisation is a consumer company does not exempt it from the concept of "consumer" under the Consumer Protection Act, 1986. 
• Any non-commercially purchased products or services may be the subject of a consumer dispute under the Act by a commercial company. Whether anything is being done for a "commercial purpose" depends on whether the items or services are directly related to the activity that generates profits.

Vivek Narayan Sharma v. Union of India

Vivek Narayan Sharma v. Union of India, (2023) revolves around the decision of the Supreme Court of India, which sorted out the controversial legal issue of demonetisation that had been raging in the country since November 2016.

Government of NCT of Delhi v. Union of India 

• It is an important case that deals with how the Union Territories' legislative and executive control is to be maintained.
• The case particularly deals with the National Capital Territory of Delhi and the continuing anomaly with regard to the legislative and executive powers to be handed over to the Parliament and the LG or the Legislative Assembly.

Ritu Chernalia v. Amar Chernalia & Ors.

In the case of Ritu Chernalia v. Amar Chernalia & Ors., (2023), Delhi High Court said that the right to residence is not an indefeasible right of residence in a shared household especially when the daughter-in-law is pitted against the aged father-in-law and mother-in-law.

Subway IP LLC v. Infinity Food

• Delhi High Court dismissed the plea for injunction filed by the multinational food chain Subway against a Delhi-based brand, Suberb, an infinity Food’s mark.
• Subway approached the court for trademark infringement and claimed relief for the same.
• After considering the revamps introduced by Suberb in its decor, menu card and various other modifications, C. Hari Shankar, J. dismissed the application.

Naresh Gundyal v. State

The Case Naresh Gundyal v. State, 2023 highlights the decision of the Karnataka High Court emphasizing the prohibition of misuse of dowry harassment laws and ensuring a fair legal process for all parties involved in divorce cases.

Prakash Chandra Yadav @ Mungeri Yadav v. State of Jharkhand & Ors.

It emphasises the decision of the apex court which firmly asserted an extension order for the detention was undoubtedly in violation, but it affirmed that the initial detention order itself cannot be challenged. Therefore, failure to duly consider the appellant's representation in a timely manner would amount to a breach of the constitutional imperative.

Nabal Thakur v. State

In this case Delhi High Court while hearing a bail application of an individual accused of assaulting a minor, addressed the challenges faced by the survivors of sexual assault, and issued a set of guidelines for doctors as well as the authorities, in order to ensure that such survivors are provided with appropriate treatment and care.

Sampa Deb (Basu) v. State of West Bengal & Anr.

• This case highlights the remarkable decision of the Calcutta High Court regarding caring for one's parents as a heartfelt and affectionate gesture.
• No external influence can deter a child from undertaking this responsibility, and likewise, no child can be compelled to do so if they are unwilling.

Dr. Nirmal Singh Panesar v. Mrs. Paramjit Kaur Panesar@ Ajinder Kaur Panesar

• This case focuses on a ruling by the highest court which refused to grant the appellant a divorce using Article 142, citing the reason for an irretrievably broken marriage.
• The court held that such a divorce would not be in the best interest of justice and would instead unfairly affect the respondent.