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Test: Position and Legal Status of Minor in India - Judiciary Exams MCQ


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15 Questions MCQ Test - Test: Position and Legal Status of Minor in India

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Test: Position and Legal Status of Minor in India - Question 1

Why do minors often require the presence of a legal guardian or adult in certain legal matters?

Detailed Solution for Test: Position and Legal Status of Minor in India - Question 1
Minors often require the presence of a legal guardian or adult in legal matters to ensure proper oversight and protection. This is necessary to safeguard their interests, given their status as minors who may not have the legal capacity or experience to navigate complex legal issues independently.
Test: Position and Legal Status of Minor in India - Question 2

According to the Indian Contract Act, 1872, who is considered a minor?

Detailed Solution for Test: Position and Legal Status of Minor in India - Question 2
According to the Indian Contract Act, 1872, an individual who is a citizen of India and below 18 years of age is considered a minor. Minors are not deemed competent to enter into contracts as per this Act.
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Test: Position and Legal Status of Minor in India - Question 3

In the case of Mohri Bibi v. Damodardas Ghosh, what did the court rule regarding agreements made by minors?

Detailed Solution for Test: Position and Legal Status of Minor in India - Question 3
In the case of Mohri Bibi v. Damodardas Ghosh, the court ruled that agreements made by minors are entirely void. Such agreements are void ab initio, meaning they are void from the outset and cannot be enforced by the court due to the minor's incapacity to contract legally.
Test: Position and Legal Status of Minor in India - Question 4
Which legal case established that agreements made by minors are entirely void under Indian law?
Detailed Solution for Test: Position and Legal Status of Minor in India - Question 4
In the case of Mohri Bibi v. Damodardas Ghosh, the court ruled that agreements made by minors are entirely void. This means that such agreements are considered void from the beginning (void ab initio), and courts cannot enforce specific performance of contracts involving minors due to their void nature.
Test: Position and Legal Status of Minor in India - Question 5
According to the Indian Majority Act, 1875, how is a minor defined?
Detailed Solution for Test: Position and Legal Status of Minor in India - Question 5
The Indian Majority Act, 1875, defines a minor as a person who has not reached 18 years of age. This legal definition is crucial in determining the capacity of individuals to enter into contracts and engage in legal agreements.
Test: Position and Legal Status of Minor in India - Question 6
According to the Transfer of Property Act, 1882, what can a minor do in terms of accepting gifts of immovable property?
Detailed Solution for Test: Position and Legal Status of Minor in India - Question 6
As per the Transfer of Property Act, 1882, a minor has the capacity to accept gifts of immovable property without requiring intervention from a guardian. This provision allows minors to receive such gifts independently, highlighting a specific privilege granted to minors under this legal framework.
Test: Position and Legal Status of Minor in India - Question 7
What is established when transferring property to an unborn child according to the Transfer of Property Act, 1882?
Detailed Solution for Test: Position and Legal Status of Minor in India - Question 7
When property is transferred to an unborn child as defined in the Transfer of Property Act, 1882, a life interest or life estate is established. This arrangement allows an individual to enjoy the property on behalf of the unborn child but does not grant them the authority to transfer ownership. It serves as a unique legal mechanism to safeguard the property interests of minors before their birth.
Test: Position and Legal Status of Minor in India - Question 8
In what circumstance can a minor acquire immovable property using their own funds based on the Transfer of Property Act, 1882?
Detailed Solution for Test: Position and Legal Status of Minor in India - Question 8
According to the provisions of the Transfer of Property Act, 1882, a minor is capable of acquiring immovable property using their own funds. This legal framework recognizes the autonomy of minors in certain property transactions, enabling them to make property acquisitions independently without external approvals.
Test: Position and Legal Status of Minor in India - Question 9
How does the Indian Succession Act, 1925, address property interests concerning unborn children?
Detailed Solution for Test: Position and Legal Status of Minor in India - Question 9
According to the Indian Succession Act, 1925, an individual can create an interest in a property in the name of an unborn child. However, this interest is contingent upon the child being born alive. The Act allows for the anticipation and securement of property rights for unborn children, ensuring that their interests are recognized and protected under the legal framework governing succession and property transfer.
Test: Position and Legal Status of Minor in India - Question 10
What condition must be met for an interest created in the name of an unborn child under Section 144 of the Indian Succession Act, 1925, to be realized?
Detailed Solution for Test: Position and Legal Status of Minor in India - Question 10
For an interest created in the name of an unborn child under Section 144 of the Indian Succession Act, 1925, to be realized, the crucial condition is that the child must be born alive. This provision ensures that property interests designated for unborn individuals come into effect only upon their birth, safeguarding the rights and entitlements associated with the property in question. This legal framework aims to regulate and protect property transfers involving unborn beneficiaries, emphasizing the significance of live birth in determining the realization of property interests.
Test: Position and Legal Status of Minor in India - Question 11
What does Section 82 of the Indian Penal Code state regarding the criminal liability of children below 7 years old?
Detailed Solution for Test: Position and Legal Status of Minor in India - Question 11
According to Section 82 of the Indian Penal Code, children below 7 years old are completely exempt from criminal liability as they are deemed incapable of understanding the nature and consequences of their actions. This legal provision recognizes the lack of cognitive maturity in children of this age, absolving them of criminal responsibility.
Test: Position and Legal Status of Minor in India - Question 12
What is the key factor determining the liability of children aged 7 to below 12 years under the Indian Penal Code?
Detailed Solution for Test: Position and Legal Status of Minor in India - Question 12
The liability of children aged 7 to below 12 years under the Indian Penal Code hinges on their level of maturity and understanding. It is essential to demonstrate that a child within this age group lacks adequate maturity or comprehension of the offense committed to establish their criminal liability. This legal principle emphasizes the importance of considering the cognitive abilities and developmental stage of the child when determining accountability.
Test: Position and Legal Status of Minor in India - Question 13
In the legal case of Krishna Bhagwan v. State of Bihar, what age criterion is mentioned as pivotal for the conviction of a child if they understand the offense's nature and consequences?
Detailed Solution for Test: Position and Legal Status of Minor in India - Question 13
The legal case of Krishna Bhagwan v. State of Bihar establishes that a child who reaches the age of 7 during the trial or at the time of the verdict can be convicted if they comprehend the nature and consequences of the offense. This ruling signifies a crucial juncture where the child's age, coupled with their understanding, plays a significant role in legal proceedings.
Test: Position and Legal Status of Minor in India - Question 14
Referencing the case of Marsh v. Loader, what outcome befell a child under the age of 7 who was caught stealing?
Detailed Solution for Test: Position and Legal Status of Minor in India - Question 14
In the case of Marsh v. Loader, a child under the age of 7 who was caught stealing was subsequently discharged due to age-related liability exemption. This exemption highlights a legal safeguard that acknowledges the young age of the child as a determining factor in their culpability.
Test: Position and Legal Status of Minor in India - Question 15
According to the Indian constitution, which fundamental right is enshrined in Article 21 for all children in the country?
Detailed Solution for Test: Position and Legal Status of Minor in India - Question 15
Article 21 of the Indian constitution guarantees the fundamental right to life for all individuals, including children. This right is considered essential and forms the basis for ensuring the protection and well-being of every citizen. It encompasses not only physical existence but also the right to live with dignity and security. The inclusion of this right underscores the significance placed on the value of life in Indian democracy.
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