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CLAT PG Mock Test - 1 Free Online Test 2026


Full Mock Test & Solutions: CLAT PG Mock Test - 1 (120 Questions)

You can boost your CLAT PG 2026 exam preparation with this CLAT PG Mock Test - 1 (available with detailed solutions).. This mock test has been designed with the analysis of important topics, recent trends of the exam, and previous year questions of the last 3-years. All the questions have been designed to mirror the official pattern of CLAT PG 2026 exam, helping you build speed, accuracy as per the actual exam.

Mock Test Highlights:

  • - Format: Multiple Choice Questions (MCQ)
  • - Duration: 120 minutes
  • - Total Questions: 120
  • - Analysis: Detailed Solutions & Performance Insights

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CLAT PG Mock Test - 1 - Question 1

Which of the following rights are included under Article 19 of the Indian Constitution?

Detailed Solution: Question 1

The correct answer is C. Right to Freedom of Speech and Expression

Article 19 of the Indian Constitution guarantees several fundamental rights that promote individual freedoms. Among these, the Right to Freedom of Speech and Expression is pivotal as it allows individuals to express their views and opinions without censorship. This right is essential for the functioning of a democratic society, enabling open discourse and the exchange of ideas.

Details on Other Options:

  • A: The Right against Exploitation is covered under Article 23 and Article 24, protecting individuals from human trafficking and forced labor, and is not part of Article 19.
  • B: The Right to Constitutional Remedies is outlined in Article 32, allowing individuals to seek enforcement of their rights through the Supreme Court, but it is not included in Article 19.
  • D: The Right to Freedom of Religion is addressed in Articles 25 to 28, which ensure the freedom to practice and propagate religion, making it distinct from the rights specified in Article 19.

Conclusion:

Option: C, as the most accurate and relevant option, stands out for its emphasis on freedom of expression, which is a cornerstone of democratic values, clearly differentiating it from the other options. Thus, Right to Freedom of Speech and Expression is the correct choice.

CLAT PG Mock Test - 1 - Question 2

When was the Family Courts bill assented by the President and became the Family Court Act, 1984?

Detailed Solution: Question 2

The correct answer is A. September 14, 1984

The Family Courts Bill was assented to by the President on September 14, 1984, officially becoming the Family Court Act, 1984. This legislation aimed to establish family courts to expedite the resolution of disputes related to marriage and family matters, thereby enhancing access to justice for families.

Details on Other Options:

  • B: This option is incorrect because August 14, 1984, is not the date the bill was assented to; it predates the official enactment of the Family Court Act.
  • C: This option is incorrect as July 18, 1984, does not correspond to the date of presidential assent, which occurred later in September.
  • D: This option is incorrect since October 18, 1984, is after the actual date of assent, making it invalid in this context.

Conclusion:

Option: A, as the most accurate and relevant option, stands out for its confirmation of the date the Family Court Act was enacted, clearly differentiating it from the other options. Thus, September 14, 1984, is the correct choice.

CLAT PG Mock Test - 1 - Question 3

Consider the following statements in the context of the Companies Act, 2013

I. Amalgamation is not defined in the Act.

II. Amalgamation can take place by selling of shares.

III. All the rights and obligations of amalgamated company becomes vested in amalgamating company.

Which of the following statements is correct?

Detailed Solution: Question 3

Amalgamation is a process that differs significantly from the winding up of a corporate entity. While amalgamation results in the dissolution of the original company, the business itself continues to operate within a new or existing company, known as the transferee entity. In this regard, although the original corporate shell is destroyed, the essence of the business persists under a new corporate structure.

It is crucial to understand that the termination of a corporate entity does not necessarily end any legal processes or assessments related to it. In many legal systems, including civil law, amalgamation does not automatically extinguish existing causes of action or complaints. The focus is on identifying a successor or representative entity that inherits the rights and liabilities of the original company.

Now, assessing the statements provided:

  • Statement I: Amalgamation is indeed not explicitly defined in the Companies Act, 2013.
  • Statement II: Amalgamation can occur through the selling of shares, as this is a common method of merging businesses.
  • Statement III: When an amalgamation occurs, all rights and obligations of the amalgamated company transfer to the amalgamating company.

Since all three statements are accurate in the context of the Companies Act, 2013, the solution confirms that all statements are correct.

CLAT PG Mock Test - 1 - Question 4

An amalgamation will take place when-

I. the consent of shareholders holding 90% in value and creditors representing 9/10th of debt in value is derived.

II. no objections are received from the Official Liquidator and Registrar of Companies.

III. Approval of the Tribunal is also required.

Detailed Solution: Question 4

Amalgamation involves the merging of companies, which leads to the dissolution of one corporate entity. However, the business itself continues to exist within the new or existing transferee company. This means that while the original corporate structure ceases to exist, the operations and activities carry on under a different corporate identity.

It is important to understand that the termination of the original company does not necessarily end all legal proceedings related to it. In many legal systems, the focus is on whether there is a successor or representative that can assume the rights and liabilities associated with the original business. This consideration is crucial, especially in civil law, where the cause of action may persist after the amalgamation.

For an amalgamation to be valid, the following conditions must be met:

  • The consent of shareholders holding 90% in value and creditors representing 9/10th of the debt in value must be obtained.
  • No objections should be raised by the Official Liquidator or the Registrar of Companies.
  • Approval from the Tribunal is also necessary.

CLAT PG Mock Test - 1 - Question 5

Which of the following is not an essential element to prove guilty by circumstantial evidence?

Detailed Solution: Question 5

The correct answer is C. Circumstances should be closely connected with principal facts.

To establish guilt through circumstantial evidence, certain key elements must be present. These include the necessity for circumstances to be fully established, conclusive in nature, and forming a complete chain of evidence that leaves no reasonable doubt of guilt. Option C, which suggests that circumstances must be closely connected to the main facts, is not an essential requirement for proving guilt through circumstantial evidence.

Details on Other Options:

  • A: This option is incorrect because fully establishing the circumstances is crucial in circumstantial evidence, ensuring that all relevant details are accounted for to support the case.
  • B: This option is incorrect as the circumstances must indeed be conclusive, meaning they should lead to a definitive conclusion about guilt, which is essential in such cases.
  • D: This option is incorrect since a complete chain of evidence is vital; it must not leave any reasonable doubt about the defendant's guilt, reinforcing the prosecution's case.

Conclusion:

Option: C, as the most accurate and relevant option, stands out for its lack of necessity in the context of proving guilt through circumstantial evidence, clearly differentiating it from the other options. Thus, Circumstances should be closely connected with principal facts is the correct choice.

CLAT PG Mock Test - 1 - Question 6

In the case of dowry death, the evidence provided by the victim’s family was considered reliable forming a chain of circumstances leading to the murder. Further, the body of the deceased was found in the river which was within the knowledge of the accused. The accused failed has to establish his innocence as per  Section __ of Indian Evidence Act?

Detailed Solution: Question 6

The correct answer is A. 106

In cases of dowry death, the victim's family can provide credible evidence that establishes a sequence of events leading to the murder. The deceased's body was discovered in a river, a location known to the accused. Under Section 106 of the Indian Evidence Act, the burden of proof shifts to the accused to demonstrate their innocence when the circumstances suggest their involvement in the crime.

Details on Other Options:

  • B: This option is incorrect because Section 111A addresses the presumption of dowry death, but it does not specifically place the burden of proof on the accused in the same manner as Section 106.
  • C: This option is incorrect as Section 112 deals with the presumption of legitimacy of a child born during a marriage, which is unrelated to the context of dowry deaths or the burden of proof.
  • D: This option is incorrect since Section 113 pertains to the presumption of abetment of suicide in certain cases, which does not apply to the circumstances of dowry death as described.

Conclusion:

Option: A, as the most accurate and relevant choice, stands out due to its clear stipulation regarding the burden of proof in dowry death cases, effectively distinguishing it from the other options. Thus, 106 is the correct choice.

CLAT PG Mock Test - 1 - Question 7

In which environment case, the SC analysed the law of unjust enrichment on the basis that no one can take advantage of his own wrong.

Detailed Solution: Question 7

The correct answer is C. Indian Council For Enviro-Legal ... vs Union Of India & Ors, 2011

The Supreme Court examined the principle of unjust enrichment, emphasizing that one should not benefit from their own wrongdoing. In this case, the court addressed how individuals or entities should not profit from actions that are legally or morally questionable, reinforcing the idea that unjust enrichment cannot be tolerated in law.

Details on Other Options:

  • A: This option is incorrect because M.I. Builders Pvt. Ltd. v. Radhey Shyam Sahu primarily dealt with issues of contractual obligations and not specifically with unjust enrichment principles related to wrongful advantage.
  • B: This option is incorrect as M.C. Mehta vs Kamalnath focused on environmental law and the public interest rather than the core concept of unjust enrichment and taking advantage of one's own wrong.
  • D: This option is incorrect since Faizabad Ayodhya Development ... vs Dr. Rajesh Kumar Pandey, 2022 did not primarily address unjust enrichment but related more to administrative and developmental regulations.

Conclusion:

The C, as the most accurate and relevant option, stands out for its direct examination of unjust enrichment principles, clearly differentiating it from the other options. Thus, Indian Council For Enviro-Legal ... vs Union Of India & Ors, 2011 is the correct choice.

CLAT PG Mock Test - 1 - Question 8

Which of the following is mandatory in case of private placements by private companies?

Detailed Solution: Question 8

The correct answer is D. Return of allotment to be filed with Registrar of Companies (RoC)

In the context of private placements by private companies, it is essential to file a return of allotment with the Registrar of Companies (RoC). This requirement ensures transparency and compliance with regulatory norms regarding the issuance of securities. Unlike public offerings, private placements have specific documentation obligations, and filing this return is a crucial step in maintaining proper corporate governance.

Details on Other Options:

  • A: This option is incorrect because mandatory grading by a credit rating agency is not required for private placements, as they primarily target a select group of investors rather than the general public.
  • B: This option is incorrect since the use of public media to advertise the issue is not permitted in private placements. Such placements are typically offered to a limited audience without public solicitation.
  • C: This option is incorrect as post-issue listing of securities is not mandatory for private placements. Companies may choose not to list their securities post-issue, unlike public offerings, which often require listing on stock exchanges.

Conclusion:

Option: D, as the most accurate and relevant option, stands out for its requirement in regulatory compliance, clearly differentiating it from the other options. Thus, Return of allotment to be filed with Registrar of Companies (RoC) is the correct choice.

CLAT PG Mock Test - 1 - Question 9

Article 44 (a) of the International Law Commission’s Articles on the Responsibility of States for Internationally Wrongful Acts states that ‘the responsibility of a State may not be invoked if: (a) the claim is not brought in accordance with any applicable rule relating to the nationality of claims.’ Can Gambia invoke the principles of state responsibility against Myanmar for Crimes of Genocide?

Detailed Solution: Question 9

The correct answer is C. Yes, the Article has no relevance as the Genocide Convention expects the accomplishment of its high purposes.

The Gambia can invoke state responsibility principles against Myanmar for genocide, despite Article 44(a) of the International Law Commission’s Articles. This article pertains to the nationality of claims, but the Genocide Convention emphasizes the need for states to address severe human rights violations like genocide, regardless of nationality. Thus, the focus should be on the nature of the crime rather than procedural technicalities.

Details on Other Options:

  • A: This option is incorrect because while Article 44(a) addresses the nationality of claims, it does not negate the obligation of states to act against genocide under international law.
  • B: This option is misleading as the fact that Gambian nationals have faced persecution does not automatically grant standing under the nationality requirement of claims outlined in Article 44(a).
  • D: This option is incorrect since while Bangladesh may have a claim, it does not preclude The Gambia from pursuing its own claims against Myanmar for genocide under international law.

Conclusion:

The C option stands out for its emphasis on the overarching principles of the Genocide Convention, which prioritize accountability over procedural constraints, clearly differentiating it from the other options. Thus, the answer is correct.

CLAT PG Mock Test - 1 - Question 10

What fundamental question does the debate between legal positivism and natural law theory raise?

Detailed Solution: Question 10

The correct answer is C. Whether the validity of law is determined by its source or by moral and ethical principles.

The debate between legal positivism and natural law theory fundamentally questions how the validity of law is established. Legal positivism asserts that laws are valid based solely on their enactment by recognized authorities, independent of moral considerations. In contrast, natural law theory posits that laws derive their validity from moral and ethical principles, suggesting that an unjust law may lack true legal standing. Therefore, option C encapsulates the core of this debate, highlighting the tension between these two perspectives on law's legitimacy.

Details on Other Options:

  • A: This option is incorrect because it oversimplifies the debate by suggesting that the law is entirely based on moral principles, neglecting the positivist view that law can exist independently of morality.
  • B: This option is not entirely accurate as it focuses on the source of law rather than addressing the broader question of how validity is determined, which is central to the debate.
  • D: This option is incorrect since it pertains to the practical aspect of changing laws rather than the theoretical question of how laws are validated, which is the essence of the debate.

Conclusion:

The C, as the most accurate and relevant option, stands out for its comprehensive representation of the debate's essence regarding law's validity. Thus, whether the validity of law is determined by its source or by moral and ethical principles is the correct choice.

CLAT PG Mock Test - 1 - Question 11

In which of the following cases, Doctrine of Public Trust was first used in Indian Environmental Law Jurisprudence?

Detailed Solution: Question 11

The correct answer is D. D.M.C. Mehta v. Kamal Nath

The Doctrine of Public Trust was first applied in Indian Environmental Law in the landmark case of D.M.C. Mehta v. Kamal Nath. This case established that certain natural resources are preserved for public use, and the government holds these resources in trust for the public. The court emphasized that the environment must be protected, as it is integral to the public's well-being and future generations.

Details on Other Options:

  • A: This option is incorrect because Vellore Citizens Welfare Forum v. Union of India, though significant in environmental law, did not introduce the Doctrine of Public Trust; it focused more on the principle of sustainable development.
  • B: This option is incorrect as Rural Litigation and Entitlement Kendra v. State of UP addressed issues related to mining and environmental protection but did not specifically invoke the Doctrine of Public Trust.
  • C: This option is incorrect since Municipal Corporation, Ratlam v. Vardhichand dealt with municipal responsibilities regarding sanitation and public health, rather than the Doctrine of Public Trust.

Conclusion:

Option: D, as the most accurate and relevant option, stands out for its pioneering application of the Doctrine of Public Trust in Indian environmental jurisprudence, clearly differentiating it from the other options. Thus, D.M.C. Mehta v. Kamal Nath is the correct choice.

CLAT PG Mock Test - 1 - Question 12

What recourse does a divorcee have according to the Muslim Women Act, 1986, if her exhusband neglects to meet specific obligations mandated by the law?

Detailed Solution: Question 12

The correct answer is C. Approach the Magistrate with an application.

Under the Muslim Women Act, 1986, if a divorcee's ex-husband fails to fulfill his legal obligations, she can seek recourse by filing an application with a Magistrate. This legal provision is designed to ensure that the rights of divorced women are protected, allowing them to claim maintenance and other entitlements through the appropriate judicial channels.

Details on Other Options:

  • A: This option is incorrect because filing a petition in the District Court does not specifically address the provisions laid out in the Muslim Women Act, which emphasizes the role of the Magistrate in such cases.
  • B: This option is incorrect as seeking mediation from a Sharia Court may not provide the necessary legal enforcement of obligations that the Magistrate can offer, thus not being the most effective recourse.
  • D: This option is incorrect since Family Courts deal primarily with family matters but do not specifically cater to the provisions of the Muslim Women Act, which directs such cases to the Magistrate.

Conclusion:

The C option, as the most accurate and relevant choice, highlights the legal pathway provided by the Muslim Women Act for divorced women facing neglect from their ex-husbands, clearly distinguishing it from other options. Thus, approaching the Magistrate with an application is the correct choice.

CLAT PG Mock Test - 1 - Question 13

According to the interpretation in the case of Danial Latifi, how long does the obligation of the Muslim husband to provide a reasonable and fair provision and maintenance extend?

Detailed Solution: Question 13

The correct answer is C. Throughout the whole life of the divorced wife, unless she remarries.

In the case of Danial Latifi, the court established that a Muslim husband has a lifelong obligation to provide reasonable maintenance for his divorced wife, unless she remarries. This ruling emphasizes the husband's responsibility to ensure his ex-wife's financial stability, reflecting the principles of justice and equity in marital relationships.

Details on Other Options:

  • A: This option is incorrect because it suggests that the husband's obligation ends once the wife finds employment, which does not align with the court's ruling on lifelong support unless remarried.
  • B: This option is incorrect as it limits the husband's obligation to the iddat period and only extends beyond that under specific conditions, which does not fully capture the lifelong support mandated by the ruling.
  • D: This option is incorrect since it implies that the husband's obligation is dependent on the support from the divorced woman's family, which contradicts the court's affirmation of the husband's direct responsibility for maintenance.

Conclusion:

The C, as the most accurate and relevant option, stands out for its comprehensive representation of the husband's lifelong obligation to provide maintenance, clearly differentiating it from the other options. Thus, Throughout the whole life of the divorced wife, unless she remarries is the correct choice.

CLAT PG Mock Test - 1 - Question 14

What preparatory arrangements is the Muslim husband required to make, according to the interpretation of Section 3 of the Muslim Act, 1986?

Detailed Solution: Question 14

The correct answer is D. Contemplation of future needs and arrangements in advance.

According to Section 3 of the Muslim Act, 1986, a Muslim husband must prepare for the future needs of his divorced wife and any children. This involves planning ahead to ensure that adequate provisions are made, reflecting a responsible approach to their welfare. While options A, B, and C address various aspects of support, they do not emphasize the necessity of proactive arrangements for future requirements, which is crucial in this context.

Details on Other Options:

  • A: This option is incorrect because while financial investments are important, the focus of the Act is on making comprehensive future arrangements rather than just financial provisions.
  • B: This option is less appropriate as it mentions provisions for the divorced woman and her children, but does not highlight the significance of anticipating future needs.
  • C: This option is incorrect as it refers to retroactive provisions, which address past needs rather than the essential forward-looking arrangements required by the husband.

Conclusion:

Option: D, as the most accurate and relevant option, stands out for its emphasis on the necessity of planning for future needs, clearly differentiating it from the other options. Thus, Contemplation of future needs and arrangements in advance is the correct choice.

CLAT PG Mock Test - 1 - Question 15

What is the difference between general and specific defences in IPC 1860?

Detailed Solution: Question 15

The difference between general and specific defences in the Indian Penal Code (IPC) 1860 is as follows:

  • General defences apply to all kinds of offences and are detailed in Chapter III of the IPC 1860.
  • Specific defences are tailored to individual offences and are not covered under general provisions.

In summary, while general defences are widely applicable, specific defences pertain to particular offences. This distinction is crucial for understanding how defences can be used in legal proceedings.

CLAT PG Mock Test - 1 - Question 16

Which of the following is incorrect about a force majeure clause?

Detailed Solution: Question 16

The correct answer is C. ‘Frustration of contract’ and ‘force majeure’ are indeed one and the same concept.

A force majeure clause is designed to relieve parties from liability when unforeseen events prevent contract performance. While frustration of contract is a legal doctrine that can also excuse performance, they are not identical concepts. Force majeure specifically refers to events outlined in the contract, whereas frustration encompasses broader circumstances where a contract becomes impossible to fulfill.

Details on Other Options:

  • A: This statement is correct. The party invoking a force majeure clause must demonstrate that the clause applies to their situation, placing the burden of proof on them.
  • B: This option is accurate as well. A force majeure clause stipulates that if certain unforeseen events occur, non-performance does not constitute a breach since performance was not feasible under those circumstances.
  • D: This statement is true. Force majeure clauses vary significantly in complexity and can include various provisions, such as specifying excusable events and outlining the necessary notifications and consequences of such events.

Conclusion:

The C option is the most inaccurate, as it incorrectly equates frustration of contract with force majeure, which are distinct legal concepts. Thus, ‘Frustration of contract’ and ‘force majeure’ are not the same, making this option the correct choice.

CLAT PG Mock Test - 1 - Question 17

Which of the following is a leading judgement on ‘frustration of contract’?

Detailed Solution: Question 17

The correct answer is B. Satyabrata Ghose v. Mugneeram Bangur & Co.

This case is a seminal judgment on the doctrine of 'frustration of contract,' which occurs when unforeseen events render the performance of a contract impossible or fundamentally different from what was agreed upon. The court established that if a contract becomes impossible to perform due to circumstances beyond the control of the parties, it may be deemed frustrated, thereby releasing both parties from their obligations.

Details on Other Options:

  • A: This option is incorrect because Central Inland Water Transport Corporation v. Brojo Nath Ganguly primarily addresses issues related to the interpretation of statutory provisions rather than the frustration of contract doctrine.
  • C: This option is incorrect as Fateh Chand v. Balkishan Dass focuses on the enforceability of contracts and the implications of non-performance, but does not specifically address the concept of frustration.
  • D: This option is incorrect since Thornton v. Shoe Lane Parking Ltd. deals with issues of liability and contractual terms, rather than the doctrine of frustration in contracts.

Conclusion:

Option: B, as the most accurate and relevant option, stands out for its clear establishment of principles regarding the frustration of contract, clearly differentiating it from the other options. Thus, Satyabrata Ghose v. Mugneeram Bangur & Co. is the correct choice.

CLAT PG Mock Test - 1 - Question 18

Which of the following is an incorrect proposition as regards frustration of contract?

Detailed Solution: Question 18

The correct answer is A. The courts have the general power to absolve a party from the performance of its part of the contract if its performance has become onerous on account of an unforeseen turn of events.

This statement is incorrect because the doctrine of frustration applies specifically when an unforeseen event fundamentally changes the nature of the contract, making it impossible to perform. Courts do not have the authority to relieve a party from performance solely because it has become burdensome; the change must be significant enough to frustrate the contract's purpose.

Details on Other Options:

  • B: This option is correct as it accurately states that if a contract specifies conditions under which it can be discharged, such discharges are governed by the contract's terms and not by section 56, which relates to frustration.
  • C: This option is also correct because it highlights that the application of frustration is limited to specific circumstances, ensuring that it is not applied too broadly.
  • D: This statement is correct since section 56 of the Indian Contract Act does not apply to leases, which are considered completed conveyances, thus falling outside the scope of frustration as defined in the Act.

Conclusion:

Option: A, as the most inaccurate statement, fails to correctly represent the principles of frustration in contract law, clearly differentiating it from the other options. Thus, the statement about courts' powers is the incorrect choice.

CLAT PG Mock Test - 1 - Question 19

The maxim lex non cogit ad impossibilia means:

Detailed Solution: Question 19

The correct answer is D. The law does not compel a promisor to do that which is impossible to perform.

The maxim "lex non cogit ad impossibilia" emphasizes that the legal system does not require individuals to fulfill obligations that cannot be performed. This principle is crucial in contract law, where it protects parties from being held liable for promises that are beyond their capability to fulfill, ensuring fairness and practicality in legal agreements.

Details on Other Options:

  • A: This option is incorrect because it refers to the idea that personal rights do not survive the individual, which is a separate legal principle not related to the impossibility of performance.
  • B: This option is incorrect as it addresses the burden of proof in legal disputes, which is not related to the principle of impossibility in fulfilling obligations.
  • C: This option is incorrect because it pertains to the idea that one cannot benefit from their own wrongdoing, which does not align with the concept of legal impossibility.

Conclusion:

Option: D, as the most accurate and relevant option, stands out for its clear articulation of the principle that the law does not enforce impossible obligations, clearly differentiating it from the other options. Thus, the law does not compel a promisor to do that which is impossible to perform is the correct choice.

CLAT PG Mock Test - 1 - Question 20

In India, which of the following enactments govern(s) the liability of the State for the tortious acts of its servants?

Detailed Solution: Question 20

The correct answer is D. Neither (A) nor (B).

In India, the liability of the State for tortious acts committed by its servants is primarily governed by the principles of tort law as established in the Indian Constitution and relevant statutory provisions. The Crown Proceedings Act, 1947, is not applicable in India, as it pertains to the United Kingdom. Similarly, the Federal Tort Claims Act, 1946, is a U.S. law that does not apply in the Indian context. Therefore, neither of these acts governs the liability of the State in India.

Details on Other Options:

  • A: This option is incorrect because the Crown Proceedings Act, 1947, is a UK law and does not have jurisdiction or applicability in India regarding State liability.
  • B: This option is incorrect as the Federal Tort Claims Act, 1946, is a U.S. law that pertains to claims against the federal government and is not relevant to Indian law.
  • C: This option is incorrect because it incorrectly suggests that both acts are applicable in India, which is not the case as neither act governs the liability of the State.

Conclusion:

Option: D, as the most accurate and relevant option, stands out because it correctly identifies that neither the Crown Proceedings Act nor the Federal Tort Claims Act governs State liability in India. Thus, neither (A) nor (B) is the correct choice.

CLAT PG Mock Test - 1 - Question 21

In which of the following cases, the Supreme Court of India dealt extensively with the concept of ‘constitutional tort’?

Detailed Solution: Question 21

The correct answer is C. Municipal Corporation of Delhi, v. Uphaar Tragedy Victims Association, (2011) 14 SCC 481.

This case is significant as it extensively discusses the concept of 'constitutional tort', which refers to a violation of constitutional rights by state authorities. The Supreme Court addressed the accountability of the state for the negligence that led to the Uphaar cinema tragedy, emphasizing the need for state actors to uphold constitutional rights and the implications of failing to do so.

Details on Other Options:

  • A: This option is incorrect because Shyam Sunder v. State of Rajasthan primarily dealt with the interpretation of statutory provisions rather than the broader application of constitutional torts.
  • B: This option is incorrect as Common Cause v. Union of India focused on the right to life and health in the context of public interest litigation, but did not delve deeply into constitutional torts.
  • D: This option is incorrect since while it suggests all cases discussed constitutional tort, only the case of Municipal Corporation of Delhi specifically examined the concept in detail, making it the most relevant choice.

Conclusion:

Option: C, as the most accurate and relevant option, stands out for its comprehensive examination of constitutional tort, clearly differentiating it from the other options. Thus, Municipal Corporation of Delhi, v. Uphaar Tragedy Victims Association is the correct choice.

CLAT PG Mock Test - 1 - Question 22

The power to impose a tax on the produce of some land should be treated as:

Detailed Solution: Question 22

The correct answer is D. Assertion of a sovereign right

The ability to impose taxes on agricultural produce is fundamentally linked to the sovereign authority of the state. This power signifies that the government has the right to regulate and collect revenue from land use, reflecting its ultimate authority over resources within its jurisdiction. Unlike mere ownership or property rights, this sovereign right encompasses broader governance and economic control, making it distinct from other assertions regarding land.

Details on Other Options:

  • A: This option is incorrect because asserting that land is partly owned by the government does not capture the comprehensive nature of taxation, which extends beyond mere ownership to include regulatory authority.
  • B: This option is incorrect as the power of eminent domain refers specifically to the government's right to take private property for public use, which is different from the authority to impose taxes on agricultural produce.
  • C: This option is incorrect because an assertion of a proprietary right pertains to ownership claims rather than the sovereign authority to levy taxes, which is a broader governmental function.

Conclusion:

Option: D, as the most accurate and relevant option, stands out for its representation of the state's overarching authority to tax, clearly differentiating it from the other options. Thus, Assertion of a sovereign right is the correct choice.

CLAT PG Mock Test - 1 - Question 23

Under the Constitution of India, all property and assets, which vested in the British Crown for the purposes of the Government of the Dominion of India and Governor's Provinces, stood:

Detailed Solution: Question 23

The correct answer is D. Vested in the Union of India and the States

According to the Constitution of India, all properties and assets that were under the British Crown for the governance of India were transferred to the Union of India and the individual States. This arrangement ensured that the assets could be utilized for the administration and development of the newly independent nation, reflecting a significant shift in sovereignty.

Details on Other Options:

  • A: This option is incorrect because confiscating property without payment contradicts the principles of justice and fairness established in the Constitution.
  • B: This option is incorrect as repatriating assets back to the Crown would imply a return to colonial rule, which is not aligned with India's independence.
  • C: This option is incorrect since it overlooks the role of the States in managing properties, as the Constitution explicitly vests assets in both the Union and the States.

Conclusion:

The D, as the most accurate and relevant option, emphasizes the shared responsibility of the Union and the States in managing former Crown properties, clearly distinguishing it from the other options. Thus, Vested in the Union of India and the States is the correct choice.

CLAT PG Mock Test - 1 - Question 24

Based on the passage, what was the impact of the cancellation of the shareholders' agreements between SIL and GIPL?

Detailed Solution: Question 24

The correct answer is B. There was an increase in the closing prices of the shares after this information was disclosed.

The cancellation of the shareholders' agreements between SIL and GIPL led to a positive market reaction, resulting in an increase in the closing prices of SIL shares. This suggests that investors viewed the cancellation favorably, potentially due to expectations of improved operational flexibility or strategic advantages for SIL following the removal of these agreements.

Details on Other Options:

  • A: This option is incorrect because the data indicates that the share prices actually rose following the announcement, rather than decreasing.
  • C: This option is incorrect as it suggests that there was no impact on share prices, which contradicts the observed increase in closing prices after the announcement.
  • D: This option is incorrect since there is no evidence that the company’s securities were delisted from the stock exchange as a result of the cancellation of the agreements.

Conclusion:

The B, as the most accurate and relevant option, stands out for its reflection of the positive market response, clearly differentiating it from the other options. Thus, there was an increase in the closing prices of the shares after this information was disclosed.

CLAT PG Mock Test - 1 - Question 25

The right of 'hot pursuit', which has been codified in Article 111 United Nations Convention on the Law of the Sea 1982 (UNCLOS) recognises that:

Detailed Solution: Question 25

The correct answer is B. A vessel may be pursued onto the high seas.

The right of 'hot pursuit' under Article 111 of the United Nations Convention on the Law of the Sea (UNCLOS) allows a coastal state to pursue a foreign vessel that has violated its laws while in its territorial waters. This pursuit can continue onto the high seas, emphasizing the principle that violations of the law warrant enforcement actions beyond the territorial limits. Thus, the focus is on violations of UNCLOS provisions rather than the laws of the foreign state.

Details on Other Options:

  • A: This option is incorrect because it refers to violations of a foreign state's laws rather than UNCLOS provisions, which is the primary focus of Article 111.
  • C: This option is incorrect as it suggests that pursuit can continue into the sovereign waters of the foreign state, which is not permitted under UNCLOS; the pursuit must be onto the high seas.
  • D: This option is incorrect since it implies that pursuit can extend into a third state's sovereign waters, which violates international law principles regarding sovereignty.

Conclusion:

Option: B, as the most accurate and relevant option, stands out for its adherence to the provisions of UNCLOS regarding hot pursuit, clearly differentiating it from the other options. Thus, a vessel may be pursued onto the high seas is the correct choice.

CLAT PG Mock Test - 1 - Question 26

The reason behind the Russian-Ukraine crisis is:

Detailed Solution: Question 26

The correct answer is C. Threat or use of force contrary to the Purpose and Principles of the United Nations Charter

The Russian-Ukraine crisis is fundamentally linked to actions that contravene the core tenets of the United Nations Charter, which aims to uphold peace and security among nations. The employment of military force and threats significantly undermines these principles, escalating international tensions and conflict. While the other options reference various agreements and conventions, they fail to address the central issue of military aggression that characterizes this crisis.

Details on Other Options:

  • A: This option is incorrect because the violation of the Geneva Convention of 1951 specifically relates to refugee treatment and does not directly address the military actions that initiated the crisis.
  • B: This option is incorrect as the violation of the Agreement between the Confederation of Independent States and Europe is not the main cause of the conflict, which is primarily driven by military aggression rather than treaty violations.
  • D: This option is incorrect since it dismisses both A and B, which do not accurately reflect the primary cause of the crisis, namely the threat or use of force against Ukraine.

Conclusion:

Option: C, as the most accurate and relevant option, emphasizes the violation of international peace principles, clearly distinguishing it from the other options. Thus, Threat or use of force contrary to the Purpose and Principles of the United Nations Charter is the correct choice.

CLAT PG Mock Test - 1 - Question 27

The Russian Federation, in the current dispute submitted to the court, the defence of Article 51 of the UN Charter. What is defence of Article 51?

Detailed Solution: Question 27

The correct answer is A. Self-defence

Article 51 of the UN Charter grants nations the right to defend themselves when under attack. This provision is vital as it recognizes the legitimacy of self-defence against armed aggression and provides a legal framework for military responses. In the ongoing dispute involving the Russian Federation, the invocation of Article 51 suggests that it views its actions as a defensive response to aggression, which is a core tenet of international law.

Details on Other Options:

  • B: This option is incorrect because "Force Majeure" refers to unexpected events that hinder the fulfillment of contractual obligations, not a valid legal basis for military action.
  • C: This option is incorrect as "Consent" relates to state agreements for actions like military intervention, but it does not specifically address the concept of self-defence in international law.
  • D: This option is incorrect since "Pacta sunt servanda" means that treaties must be honored, which pertains to treaty law rather than serving as a justification for self-defence.

Conclusion:

The A, as the most accurate and relevant option, is distinguished by its direct link to a nation's right to defend itself against aggression, setting it apart from the other options. Thus, Self-defence is the correct choice.

CLAT PG Mock Test - 1 - Question 28

Right to property is a basic human right. Which of the following statements is true regarding human rights?

Detailed Solution: Question 28

The right to property, although no longer a fundamental right, is still a constitutional right under Article 300A of the Constitution of India. This article states that no one can be deprived of their property except by law. The State cannot take away a citizen's property without following the legal process. While Article 300A does not explicitly mention compensation, it is implied that compensation is necessary. The State can acquire property for a public purpose but must provide reasonable compensation. Recognised as a basic human right, the right to property is essential for protecting individuals against government oppression and economic hardship. Political thinkers like Jefferson and Adams have stressed that property rights are crucial for maintaining liberty and supporting other constitutional values.

Human rights encompass various individual rights, including the right to shelter, livelihood, health, and employment. They have evolved to cover broader aspects, making them multifaceted. Therefore, the statements about human rights being related to individual rights and gaining a multifaceted dimension are accurate.

CLAT PG Mock Test - 1 - Question 29

Because of the negative attitude of _________on the subject of extradition, it is by and large dealt with by bilateral treaties.

Detailed Solution: Question 29

Extradition is a complex legal concept that involves the formal surrender of an accused person from one country to another. Typically, a country's criminal law applies to crimes committed within its borders. However, when a criminal flees to another country to escape justice, it challenges the principles of fair trial and the rule of law.

To address this issue, countries have developed extradition treaties, which are agreements that allow for the return of fugitives. In India, extradition is not explicitly defined in the Extradition Act of 1962 but is generally understood as the act of one nation handing over a person wanted for a crime to another nation that has the authority to prosecute them.

It is important to distinguish extradition from other legal processes. For example:

  • Deportation: This is when authorities force a person to leave a country, barring them from returning.
  • Exclusion: This refers to prohibiting someone from entering a specific part of a country.

Both deportation and exclusion are non-consensual actions, while extradition relies on mutual agreements between countries through treaties.

Due to the negative attitude of customary international law on the subject of extradition, it is primarily governed by bilateral treaties.

CLAT PG Mock Test - 1 - Question 30

“Whether or not the fugitive who has been extradited would have a standing to complaint of the judicial process in the requesting State after extradition has been done, independent of the position taken by the requested State, is a debatable issue.” The given statement relates to the debates in international law concerning_________

Detailed Solution: Question 30

Extradition is a complex legal concept that involves the formal surrender of an accused person between countries. Typically, a country's criminal law applies to crimes committed within its borders. However, criminals often flee to other nations to escape justice. This situation threatens the rule of law and fair trials in civilised societies. To combat this, countries create international treaties that facilitate extradition, allowing one nation to request the surrender of a person charged with a crime in another country.

In India, the Extradition Act, 1962 does not define extradition but describes it as the process where one nation hands over an individual accused of a crime to another nation, which has the authority to try and punish that person. Extradition differs from deportation, which involves a state's decision to remove a person and prevent their return, and from exclusion, where an individual is barred from entering a specific area of a sovereign state. Both deportation and exclusion are typically non-consensual actions, whereas extradition relies on a mutual agreement between the requesting and requested states.

There is ongoing debate in international law regarding whether a fugitive can challenge the judicial process in the requesting state after extradition, regardless of the requesting state's stance. This issue pertains to the status of individuals in international law and the responsibilities of states towards these individuals.

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