CLAT 2011

Rule: Whoever finds an unattended object can keep it unless the true owner claims that object. This does not affect the property owner's light to the ownership of the property on which the
object is found. The right lo ownership of a property does not include the right to ownership of unattended objects on that property.

Facts: Elizabeth is the CEO of a global management services company in Chennai and is on her way to Ranchi to deliver the convocation address at India's leading business school on the outskirts of Ranchi. Flying business class on Dolphin Airlines, she is entitled to use the lounge owned by the airline in Chennai Airport while waiting for her flight. She finds a diamond earring on the flood of the lounge and gives it to the staff of Dolphin Airlines expressly stating that in the event of nobody claiming the earring within six month, she would claim it back. The airline sells the earring after eight months and Elizabeth files a case to recover the value of the earring from the airline when she is informed about its sale.

As a judge you would order that

Rule: Whoever finds an unattended object can keep it unless the true owner claims that object. This does not affect the property owner's light to the ownership of the property on which the
object is found. The right lo ownership of a property does not include the right to ownership of unattended objects on that property.

Facts: Elizabeth is the CEO of a global management services company in Chennai and is on her way to Ranchi to deliver the convocation address at India's leading business school on the outskirts of Ranchi. Flying business class on Dolphin Airlines, she is entitled to use the lounge owned by the airline in Chennai Airport while waiting for her flight. She finds a diamond earring on the flood of the lounge and gives it to the staff of Dolphin Airlines expressly stating that in the event of nobody claiming the earring within six month, she would claim it back. The airline sells the earring after eight months and Elizabeth files a case to recover the value of the earring from the airline when she is informed about its sale.

Assume now that Elizabeth was only an economy class passenger and was not entitled to use the airline's lounge. However, she manages to gain entry and finds the earring in the lounge. The rest of the above facts remain the same. Will her illegal entry into the lounge affect Elizabeth's right to keep the earring (or be compensated for its value

Rule: Whoever finds an unattended object can keep it unless the true owner claims that object. This does not affect the property owner's light to the ownership of the property on which the
object is found. The right lo ownership of a property does not include the right to ownership of unattended objects on that property.

Facts: Elizabeth is the CEO of a global management services company in Chennai and is on her way to Ranchi to deliver the convocation address at India's leading business school on the outskirts of Ranchi. Flying business class on Dolphin Airlines, she is entitled to use the lounge owned by the airline in Chennai Airport while waiting for her flight. She finds a diamond earring on the flood of the lounge and gives it to the staff of Dolphin Airlines expressly stating that in the event of nobody claiming the earring within six month, she would claim it back. The airline sells the earring after eight months and Elizabeth files a case to recover the value of the earring from the airline when she is informed about its sale.

To the original fact scenario, the following fact is added: In the lounge there are numerous signboards which proclaim 'Any unattended item will be confiscated by Dolphin Airlines'. In this case, you would

Rules A: The State shall not discriminate, either directly or indirectly, on the grounds of sex, race, religion, caste, creed, sexual orientation, marital status, disability, pregnancy,
place of birth, gender orientation or any other status.

Rule B: Direct discrimination occurs when for a reason related to one or more prohibit grounds a person or group of persons is treatedless favorably than another person or another group of persons in a comparable situation.

Rule C: Indirect discrimination occurs w a provision, criterion or practice which are on the face of it would have the effect putting persons having a status of characteristic associated with one or more prohibited grounds at a particular disadvantage compared with other persons.

Rule D: Discrimination shall be justified when such discrimination is absolutely necessary in order to promote the well-being disadvantaged groups, such as women, dalits religious minorities, sexual minorities or disabled persons.

Facts: On $$2^{nd}$$ October, 2010, the Governor of the State of Bihar ordered the release of all women prisoners who were serving sentence of less than one year imprisonment to mark the occasion of Mahatma Gandhi's birthday.

Which of the following is correct with respect to the Governor's order?

Rules A: The State shall not discriminate, either directly or indirectly, on the grounds of sex, race, religion, caste, creed, sexual orientation, marital status, disability, pregnancy,
place of birth, gender orientation or any other status.

Rule B: Direct discrimination occurs when for a reason related to one or more prohibit grounds a person or group of persons is treatedless favorably than another person or another group of persons in a comparable situation.

Rule C: Indirect discrimination occurs w a provision, criterion or practice which are on the face of it would have the effect putting persons having a status of characteristic associated with one or more prohibited grounds at a particular disadvantage compared with other persons.

Rule D: Discrimination shall be justified when such discrimination is absolutely necessary in order to promote the well-being disadvantaged groups, such as women, dalits religious minorities, sexual minorities or disabled persons.

Facts: On $$2^{nd}$$ October, 2010, the Governor of the State of Bihar ordered the release of all women prisoners who were serving sentence of less than one year imprisonment to mark the occasion of Mahatma Gandhi's birthday.

Is the governors’ order justified under Rule D?

Rules A: The State shall not discriminate, either directly or indirectly, on the grounds of sex, race, religion, caste, creed, sexual orientation, marital status, disability, pregnancy,
place of birth, gender orientation or any other status.

Rule B: Direct discrimination occurs when for a reason related to one or more prohibit grounds a person or group of persons is treatedless favorably than another person or another group of persons in a comparable situation.

Rule C: Indirect discrimination occurs w a provision, criterion or practice which are on the face of it would have the effect putting persons having a status of characteristic associated with one or more prohibited grounds at a particular disadvantage compared with other persons.

Rule D: Discrimination shall be justified when such discrimination is absolutely necessary in order to promote the well-being disadvantaged groups, such as women, dalits religious minorities, sexual minorities or disabled persons.

Facts: On $$2^{nd}$$ October, 2010, the Governor of the State of Bihar ordered the release of all women prisoners who were serving sentence of less than one year imprisonment to mark the occasion of Mahatma Gandhi's birthday.

Assume that the Governor also made a second order requiring the release of all persons under the age of 25 and over the age of 65 who were serving a sentence of less than one year's imprisonment. Under the rules, this order is

Rules A: The State shall not discriminate, either directly or indirectly, on the grounds of sex, race, religion, caste, creed, sexual orientation, marital status, disability, pregnancy,
place of birth, gender orientation or any other status.

Rule B: Direct discrimination occurs when for a reason related to one or more prohibit grounds a person or group of persons is treatedless favorably than another person or another group of persons in a comparable situation.

Rule C: Indirect discrimination occurs w a provision, criterion or practice which are on the face of it would have the effect putting persons having a status of characteristic associated with one or more prohibited grounds at a particular disadvantage compared with other persons.

Rule D: Discrimination shall be justified when such discrimination is absolutely necessary in order to promote the well-being disadvantaged groups, such as women, dalits religious minorities, sexual minorities or disabled persons.

Facts: On $$2^{nd}$$ October, 2010, the Governor of the State of Bihar ordered the release of all women prisoners who were serving sentence of less than one year imprisonment to mark the occasion of Mahatma Gandhi's birthday.

Assume further that the government nude a third order, releasing all graduate prisoners who are serving a sentence of less than one year's imprisonment. Which of the following statistics would haveto be true for this order to be indirectly discriminatory?

Rules A: The State shall not discriminate, either directly or indirectly, on the grounds of sex, race, religion, caste, creed, sexual orientation, marital status, disability, pregnancy,
place of birth, gender orientation or any other status.

Rule B: Direct discrimination occurs when for a reason related to one or more prohibit grounds a person or group of persons is treatedless favorably than another person or another group of persons in a comparable situation.

Rule C: Indirect discrimination occurs w a provision, criterion or practice which are on the face of it would have the effect putting persons having a status of characteristic associated with one or more prohibited grounds at a particular disadvantage compared with other persons.

Rule D: Discrimination shall be justified when such discrimination is absolutely necessary in order to promote the well-being disadvantaged groups, such as women, dalits religious minorities, sexual minorities or disabled persons.

Rule E: 'A discriminatory act shall be justified if its effect is to promote the wellbeing of disadvantaged groups, such as women, dalits, religious minorities, sexual minorities or disabled persons.

Facts: On $$2^{nd}$$ October, 2010, the Governor of the State of Bihar ordered the release of all women prisoners who were serving sentence of less than one year imprisonment to mark the occasion of Mahatma Gandhi's birthday.

Would the first Order of release of all women prisoners be justified under Rule E?

Rules:
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 twenty-one.

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: Ajay convinces Bandita; a girl aged 18 that she should sell her land to him. Bandita's mother Chaaru is her guardian. Nonetheless Bandita, without the permission of Chaaru, sells the land to Ajay for a total sum of rupees fifty lakh, paid in full and final settlement of the price. Chaaru challenges this transaction claiming that Bandita is a minor and hence the possession of the land shall not be given to Ajay. Thus Ajay is in a difficult situation and has no idea how to recover his money from Bandita.

Chaaru is justified in challenging the sale transaction because

Rules:
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 twenty-one.

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: Ajay convinces Bandita; a girl aged 18 that she should sell her land to him. Bandita's mother Chaaru is her guardian. Nonetheless Bandita, without the permission of Chaaru, sells the land to Ajay for a total sum of rupees fifty lakh, paid in full and final settlement of the price. Chaaru challenges this transaction claiming that Bandita is a minor and hence the possession of the land shall not be given to Ajay. Thus Ajay is in a difficult situation and has no idea how to recover his money from Bandita.

Ajay can be allowed to recover the money only if he can show that