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Test: Doctrine of Waiver - Judiciary Exams MCQ


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15 Questions MCQ Test - Test: Doctrine of Waiver

Test: Doctrine of Waiver for Judiciary Exams 2024 is part of Judiciary Exams preparation. The Test: Doctrine of Waiver questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Test: Doctrine of Waiver MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: Doctrine of Waiver below.
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Test: Doctrine of Waiver - Question 1
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What does the doctrine of waiver involve?

Detailed Solution for Test: Doctrine of Waiver - Question 1
The doctrine of waiver encompasses the voluntary relinquishment of rights. This means individuals willingly give up specific rights they possess. Understanding the implications of such actions is crucial as it involves a conscious decision to forego certain entitlements in various contexts.
Test: Doctrine of Waiver - Question 2
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Why are fundamental rights significant in a democracy?

Detailed Solution for Test: Doctrine of Waiver - Question 2
Fundamental rights are crucial in a democracy as they serve to protect citizens' liberties and freedoms against potential abuses. These rights ensure that individuals have the necessary protections and entitlements within the legal framework of a democratic society, fostering equality, freedom, and justice.
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Test: Doctrine of Waiver - Question 3
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What happens when an individual confesses to a crime during police interrogation instead of remaining silent?

Detailed Solution for Test: Doctrine of Waiver - Question 3
When an individual confesses to a crime during police interrogation instead of opting to remain silent, they are effectively waiving their right to silence. This decision has legal implications as it involves voluntarily giving up the opportunity to refrain from self-incrimination, potentially impacting the legal proceedings and outcomes.
Test: Doctrine of Waiver - Question 4
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In what scenario does agreeing to a medical test constitute a waiver of a right?
Detailed Solution for Test: Doctrine of Waiver - Question 4
When an individual agrees to undergo a medical test despite having the right to refuse, they are essentially waiving their right to decline the test. This decision signifies a voluntary choice to proceed with the medical examination, even though they possess the right to reject it. Understanding the implications of such actions is essential in medical contexts where informed consent plays a critical role in decision-making processes.
Test: Doctrine of Waiver - Question 5
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What must individuals be mindful of when waiving fundamental rights?
Detailed Solution for Test: Doctrine of Waiver - Question 5
Individuals should be aware of the consequences of their decisions when waiving fundamental rights. It is crucial for individuals to understand the outcomes of their choices when relinquishing specific entitlements. This awareness helps ensure that waivers are made consciously and with a clear understanding of the implications.
Test: Doctrine of Waiver - Question 6
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Which fundamental rights are considered non-derogate and cannot be surrendered or suspended?
Detailed Solution for Test: Doctrine of Waiver - Question 6
Certain fundamental rights, such as the right to life and human dignity, are non-derogate, meaning they cannot be surrendered or suspended. These rights remain in force even during crises or emergencies, emphasizing their critical importance in upholding human rights protection.
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Which concept ensures that individuals are treated with respect and fairness, regardless of external factors?
Detailed Solution for Test: Doctrine of Waiver - Question 7
The right to dignity is a non-derogate right that guarantees individuals are treated with respect and fairness, irrespective of external factors. This fundamental right plays a crucial role in upholding the principles of equality and human rights protection, emphasizing the importance of treating all individuals with dignity and respect.
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What is necessary for a waiver of fundamental rights to be considered valid?
Detailed Solution for Test: Doctrine of Waiver - Question 8
For a waiver of fundamental rights to be valid, it must be done willingly and with a clear understanding of the outcomes. This requirement ensures that individuals make informed decisions when relinquishing specific entitlements, promoting a thoughtful and conscious approach to waiving rights.
Test: Doctrine of Waiver - Question 9
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In the case of Behram v. State of Bombay (1955), what did the Indian Supreme Court clarify regarding the Doctrine of Waiver?
Detailed Solution for Test: Doctrine of Waiver - Question 9
The Indian Supreme Court in the case of Behram v. State of Bombay (1955) clarified that fundamental rights are non-renounceable and non-relinquishable by an accused individual due to their basis in constitutional ideals. This means that these rights cannot be waived or given up by individuals as they are deeply rooted in the constitutional framework, ensuring their protection and significance in Indian law.
Test: Doctrine of Waiver - Question 10
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What was the key issue in the case of Basheshar Nath v. Income Tax Commissioner (1959)?
Detailed Solution for Test: Doctrine of Waiver - Question 10
The central issue in the case of Basheshar Nath v. Income Tax Commissioner (1959) revolved around the constitutionality of the Income Tax Act. The appellant contested the agreement to pay taxes after the Act was deemed unconstitutional, leading to a legal battle over the rights and obligations of the parties involved. This case highlights the complexities that arise when laws are challenged for their constitutionality and the implications it has on pre-existing agreements.
Test: Doctrine of Waiver - Question 11
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Why did the Income Tax Department argue that the appellant in the Basheshar Nath case had forfeited the right to appeal?
Detailed Solution for Test: Doctrine of Waiver - Question 11
The Income Tax Department contended that the appellant had forfeited the right to appeal because by settling the tax dispute, the appellant had essentially accepted the terms of the agreement and waived the right to challenge the tax obligations. Settlement in this context was seen as a voluntary agreement that finalized the dispute, limiting the appellant's ability to appeal the matter further.
Test: Doctrine of Waiver - Question 12
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How did the Court differentiate fundamental rights from statutory rights in the Behram case?
Detailed Solution for Test: Doctrine of Waiver - Question 12
The Court in the Behram case distinguished fundamental rights from statutory rights by emphasizing that fundamental rights are based on the ideals enshrined in the Indian Constitution's preamble. This distinction underlines the special nature of fundamental rights, highlighting their constitutional significance and the protection they receive beyond being mere statutory provisions, setting them apart from other legal rights granted by legislation.
Test: Doctrine of Waiver - Question 13
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What did the case of Olga Tellis & Ors vs Bombay Municipal Corporation emphasize regarding the Constitution?
Detailed Solution for Test: Doctrine of Waiver - Question 13
The case of Olga Tellis & Ors vs Bombay Municipal Corporation highlighted the principle that no citizen can compromise fundamental rights as established by the Constitution. This underscores the foundational importance of upholding these rights for all individuals within a democratic republic.
Test: Doctrine of Waiver - Question 14
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What was the key determination made by the court in the case of Jaswantsingh Mathurasingh & Anr. v. Ahmedabad Municipal Corporation & Ors regarding legal rights and privileges?
Detailed Solution for Test: Doctrine of Waiver - Question 14
In the case of Jaswantsingh Mathurasingh & Anr. v. Ahmedabad Municipal Corporation & Ors, the court determined that the Doctrine of Waiver is applicable to other legal rights and privileges. This signifies that in certain circumstances, failure to respond to a notice can indeed constitute a waiver of opportunity, preventing a change of stance afterward.
Test: Doctrine of Waiver - Question 15
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What does the Doctrine of Waiver in law allow individuals to do?
Detailed Solution for Test: Doctrine of Waiver - Question 15
The Doctrine of Waiver in law permits individuals to voluntarily give up or relinquish their legal rights and privileges. This principle allows individuals to make informed decisions about surrendering certain rights they possess. It is crucial to understand the limitations and conditions surrounding the doctrine to navigate legal scenarios effectively.
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