Legal Mock Test - 16 - CLAT MCQ

Offence which can be compromised between the parties is known as

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

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

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

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

A person ‘dying intestate’ mean he

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

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

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

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

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

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

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

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

Q. Has Vinodji committed theft?

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

Q. Is Vinodji guilty of criminal damage?

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

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

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

Q. Is Champi guilty of theft?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Q. Which of the following is correct?

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

Q. Which of the following is correct?

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