CLAT 2011

Instructions

This section consists o( ten problems (with 45 questions) in total. Each problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the questions. In answering the following questions, you should not rely on any rule(s) except the rule(s) that are supplied for every problem. Further, you should not assume any fact other than those stated in the problem. The aim is to test your ability to properly apply a rule to a given set of facts, even when the result is absurd or unacceptable for any other reason. It is not the aim to test any knowledge of law you may already possess.

Question 181

ule A: When a State undertakes any measure, the effects of the measure must be the same for all those who are affected by it.

Facts: Hundred mountaineers embarked on an extremely risky climbing expedition in Leh. Weather conditions worsened five days into the expedition and the mountaineers are trapped under heavy snow. The government received information of this tragedy only two weeks after the unfortunate incident and has only 24-hours in which to send rescue helicopters. Weather stations across the world confirm that this particular region of Leh will experience blizzards of unprecedented intensity for almost two weeks after this 24 hour window rendering any helicopter activity in the region impossible and certain death for anyone left behind. The government has only five rescue helicopters with a maximum capacity of 50 people (excluding pilots and requisite soldiers) and these helicopters can fly only once in 24 hours to such altitudes. As the Air Force gets ready to send the helicopters, an emergency hearing is convened in the Supreme Court to challenge this measure as this would leave 50 people to die.

If the government decides that it will either save everyone or save none, it would be

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Question 182

Rules:
A. A person is an employee of another it I the mode and the manner in which he or she carries out his work in subject to control and supervision of the latter.

B. An employer is required to provide compensation to his or her employees for any injury caused by an accident arising in the course of employment- The words 'in the course of the employment' mean in the course of the work which the employee is contracted to do and which is incidental to it.

Facts: Messrs Zafar Abidi and Co. (Company) manufactures bidis with the help of persons known as 'pat radars'. The pattadars are supplied tobacco and leaves by the Company and are required to roll them into bidis and bring the bidis back to the Company. The pattadars are tree to roll the bidis either in the factor}' or anywhere else they prefer. They are not bound to attend the factor)' for any fixed hours of work or for any fixed number of days. Neither are they required to roil up any fixed number of bidis. The Company verifies whether the bidis adhere to the specified instructions or not and pays the pattadars on the basis of the number of bidis that are found to be of right quality. Aashish Mathew is one of the pattadars of the Company. I le was hit by a car just outside the precinct of the factory while he was heading to have lunch in a nearby food-stall. Aashish Mathew has applied for compensation from the Company.

Which of the following statements can most plausibly be inferred from the application of the rules to the given facts?

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Question 183

Rules:
A. A person is an employee of another it I the mode and the manner in which he or she carries out his work in subject to control and supervision of the latter.

B. An employer is required to provide compensation to his or her employees for any injury caused by an accident arising in the course of employment- The words 'in the course of the employment' mean in the course of the work which the employee is contracted to do and which is incidental to it.

Facts: Messrs Zafar Abidi and Co. (Company) manufactures bidis with the help of persons known as 'pat radars'. The pattadars are supplied tobacco and leaves by the Company and are required to roll them into bidis and bring the bidis back to the Company. The pattadars are tree to roll the bidis either in the factor}' or anywhere else they prefer. They are not bound to attend the factor)' for any fixed hours of work or for any fixed number of days. Neither are they required to roil up any fixed number of bidis. The Company verifies whether the bidis adhere to the specified instructions or not and pays the pattadars on the basis of the number of bidis that are found to be of right quality. Aashish Mathew is one of the pattadars of the Company. I le was hit by a car just outside the precinct of the factory while he was heading to have lunch in a nearby food-stall. Aashish Mathew has applied for compensation from the Company.

In case the pattadars were compulsorily required to work in the factory for a minimum number of hours every day, then it would be correct to state that

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Question 184

Rules:
A. A person is an employee of another it I the mode and the manner in which he or she carries out his work in subject to control and supervision of the latter.

B. An employer is required to provide compensation to his or her employees for any injury caused by an accident arising in the course of employment- The words 'in the course of the employment' mean in the course of the work which the employee is contracted to do and which is incidental to it.

Facts: Messrs Zafar Abidi and Co. (Company) manufactures bidis with the help of persons known as 'pat radars'. The pattadars are supplied tobacco and leaves by the Company and are required to roll them into bidis and bring the bidis back to the Company. The pattadars are tree to roll the bidis either in the factor}' or anywhere else they prefer. They are not bound to attend the factor)' for any fixed hours of work or for any fixed number of days. Neither are they required to roil up any fixed number of bidis. The Company verifies whether the bidis adhere to the specified instructions or not and pays the pattadars on the basis of the number of bidis that are found to be of right quality. Aashish Mathew is one of the pattadars of the Company. I le was hit by a car just outside the precinct of the factory while he was heading to have lunch in a nearby food-stall. Aashish Mathew has applied for compensation from the Company.

According to the facts and the rules specified, which of the following propositions is correct?

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Question 185

Rules:
A. A person is an employee of another it I the mode and the manner in which he or she carries out his work in subject to control and supervision of the latter.

B. An employer is required to provide compensation to his or her employees for any injury caused by an accident arising in the course of employment- The words 'in the course of the employment' mean in the course of the work which the employee is contracted to do and which is incidental to it.

Facts: Messrs Zafar Abidi and Co. (Company) manufactures bidis with the help of persons known as 'pat radars'. The pattadars are supplied tobacco and leaves by the Company and are required to roll them into bidis and bring the bidis back to the Company. The pattadars are tree to roll the bidis either in the factor}' or anywhere else they prefer. They are not bound to attend the factor)' for any fixed hours of work or for any fixed number of days. Neither are they required to roil up any fixed number of bidis. The Company verifies whether the bidis adhere to the specified instructions or not and pays the pattadars on the basis of the number of bidis that are found to be of right quality. Aashish Mathew is one of the pattadars of the Company. I le was hit by a car just outside the precinct of the factory while he was heading to have lunch in a nearby food-stall. Aashish Mathew has applied for compensation from the Company.

Select the statement that could be said to be most direct inference from specified

Video Solution


Question 186

Rules:
A. A person is an employee of another it I the mode and the manner in which he or she carries out his work in subject to control and supervision of the latter.

B. An employer is required to provide compensation to his or her employees for any injury caused by an accident arising in the course of employment- The words 'in the course of the employment' mean in the course of the work which the employee is contracted to do and which is incidental to it.

Facts: Messrs Zafar Abidi and Co. (Company) manufactures bidis with the help of persons known as 'pat radars'. The pattadars are supplied tobacco and leaves by the Company and are required to roll them into bidis and bring the bidis back to the Company. The pattadars are tree to roll the bidis either in the factor}' or anywhere else they prefer. They are not bound to attend the factor)' for any fixed hours of work or for any fixed number of days. Neither are they required to roil up any fixed number of bidis. The Company verifies whether the bidis adhere to the specified instructions or not and pays the pattadars on the basis of the number of bidis that are found to be of right quality. Aashish Mathew is one of the pattadars of the Company. I le was hit by a car just outside the precinct of the factory while he was heading to have lunch in a nearby food-stall. Aashish Mathew has applied for compensation from the Company.

If the pattadars were compulsorily required to work in the factory for a minimum number of hours every day, then the Company would have been liable to pay compensation to Aashish Mathew if the latter

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Question 187

Rules:
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:Veena, an old lady of 78 years, used to live with her grand-daughter Indira. Veena was ill and therefore bed-ridden for several months. In those months, she could not tolerate any noise and it became quite difficult to clean her room. After she died, Indira hired a cleaner, Lucky, to clean the room and throw away any rubbish that may be there.There was a pile of old newspapers which Veena had stacked in a corner of her room. Lucky asked Indira if he should clear away the pile of old newspapers, to which she said yes. Lucky took the pile to a municipality rubbish dump. While Lucky 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 Indira probably wouldn’t want this old painting back especially because it was torn in several pi and the colour was fading. He took the painting home, mounted it on a wooden frame and hang it on the wall of his bedroom. Unknown to him the painting was an old masterpiece, and worth twenty thousand rupees. Before mount the painting, Lucky 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. Lucky's neighbour Kamala discovered that the painting belonged to Indira. With the motive of returning the painting to Indira, Kamala climbed through an open window into Lucky'room when he was away one afternoon and removed the painting from his house.

Has Lucky committed theft?

Video Solution


Question 188

Rules:
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:Veena, an old lady of 78 years, used to live with her grand-daughter Indira. Veena was ill and therefore bed-ridden for several months. In those months, she could not tolerate any noise and it became quite difficult to clean her room. After she died, Indira hired a cleaner, Lucky, to clean the room and throw away any rubbish that may be there.There was a pile of old newspapers which Veena had stacked in a corner of her room. Lucky asked Indira if he should clear away the pile of old newspapers, to which she said yes. Lucky took the pile to a municipality rubbish dump. While Lucky 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 Indira probably wouldn’t want this old painting back especially because it was torn in several pi and the colour was fading. He took the painting home, mounted it on a wooden frame and hang it on the wall of his bedroom. Unknown to him the painting was an old masterpiece, and worth twenty thousand rupees. Before mount the painting, Lucky 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. Lucky's neighbour Kamala discovered that the painting belonged to Indira. With the motive of returning the painting to Indira, Kamala climbed through an open window into Lucky'room when he was away one afternoon and removed the painting from his house.

Is Lucky guilty of criminal damage?

Video Solution


Question 189

Rules:
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:Veena, an old lady of 78 years, used to live with her grand-daughter Indira. Veena was ill and therefore bed-ridden for several months. In those months, she could not tolerate any noise and it became quite difficult to clean her room. After she died, Indira hired a cleaner, Lucky, to clean the room and throw away any rubbish that may be there.There was a pile of old newspapers which Veena had stacked in a corner of her room. Lucky asked Indira if he should clear away the pile of old newspapers, to which she said yes. Lucky took the pile to a municipality rubbish dump. While Lucky 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 Indira probably wouldn’t want this old painting back especially because it was torn in several pi and the colour was fading. He took the painting home, mounted it on a wooden frame and hang it on the wall of his bedroom. Unknown to him the painting was an old masterpiece, and worth twenty thousand rupees. Before mount the painting, Lucky 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. Lucky's neighbour Kamala discovered that the painting belonged to Indira. With the motive of returning the painting to Indira, Kamala climbed through an open window into Lucky'room when he was away one afternoon and removed the painting from his house.

If Lucky had discovered the painting before leaving Indira's house rather than at the rubbish dump, would he have been guilty of theft in this case'?

Video Solution


Question 190

Rules:
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:Veena, an old lady of 78 years, used to live with her grand-daughter Indira. Veena was ill and therefore bed-ridden for several months. In those months, she could not tolerate any noise and it became quite difficult to clean her room. After she died, Indira hired a cleaner, Lucky, to clean the room and throw away any rubbish that may be there.There was a pile of old newspapers which Veena had stacked in a corner of her room. Lucky asked Indira if he should clear away the pile of old newspapers, to which she said yes. Lucky took the pile to a municipality rubbish dump. While Lucky 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 Indira probably wouldn’t want this old painting back especially because it was torn in several pi and the colour was fading. He took the painting home, mounted it on a wooden frame and hang it on the wall of his bedroom. Unknown to him the painting was an old masterpiece, and worth twenty thousand rupees. Before mount the painting, Lucky 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. Lucky's neighbour Kamala discovered that the painting belonged to Indira. With the motive of returning the painting to Indira, Kamala climbed through an open window into Lucky'room when he was away one afternoon and removed the painting from his house.

Is Kamala guilty of theft'?

Video Solution


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