CLAT 2012

Principle: Only Parliament or State Legislatures have the authority to enact laws on their own. No law made by the State can take away a person's fundamental right.

Facts: Parliament enacted a law, which according to a group of lawyers is violating the fundamental rights of traders. A group of lawyers files a writ petition challenging the Constitutional validity of the statute seeking relief to quash the statute and further direct Parliament to enact a new law.

Principle: When one person signifies to another his willingness to do or abstain from doing anything, with a view to obtaining the assent of that person to such an act or abstinence, he is said to have made a proposal.

Fact: "Ramanuj telegraphed to Shy am Sunder, writing: "Will you sell me your Rolls Royce Car? Telegram the lowest cash price." Shyam Sunder also replied by telegram: "Lowest price for Car is Rs. 20 lakh." Ramanuj immediately sent his consent through telegram stating: “agree to buy the Car for Rs. 20 lakh asked by you." Shyam Sunder refused to sell the car.

Principle: Every person, who is of the age of majority, is competent to contract according to the law to which he is subject.

Facts: A minor mortgaged his house in favour of Thakur Das, a money lender, to secure a loan of Rs. 20,000. A part of this, i.e., Rs. 10,500 was actually advanced to him. While considering the proposed advance, the attorney who was acting for the money lender, received information that the plaintiff was still a minor. Subsequently the minor commenced, an action stating that he was underage when he executed the mortgage and the same should, therefore, be cancelled. 1 le prayed for setting aside the mortgage. The mortgagee money lender prayed for the refund of Rs. 10,300 from the minor.

Principle: A person is said to be of sound mind for the purpose of making a contract if, at the time when he makes it, he is capable of understanding it and of forming a rational judgment as to its effect upon his interests.

Facts: Mr. X who is usually of sound state of mind, but occasionally of unsound state of mind, enters into a contract with Mr. V when he was of unsound state of mind. Mr. Y having come to know about this fact afterwards wants to file a suit against Mr. X

Principle
I. The state shall not deny to any person equality before the law and equal protection of the laws within the territory of India.
II. The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex and place of birth or any of them.

Facts: The Government of Rajasthan, passed an order providing for reservations for the Scheduled Castes/Scheduled Tribes and Socially and Educationally Backward Classes (including Muslims), and Women, in all institutions of higher education, including private educational institutions, both aided as well as unaided, in the following manner: Scheduled Caste-15%; Scheduled Tribe-75%, Socially and Educationally Backward Classes (including Muslims) - 27%
I. The reservation policy of the government is violative of the principle of equality envisaged in the Constitution
II. The reservation policy is unconstitutional because it is based on 'caste' which is a prohibited marker
III. Reservation does not violate equality clause as it entails "like should be treated like and unlike should be treated differently."
IV. Reservation does not violate equality clause as the Constitution itself enables the State to make special provision for the advancement of socially and educationally backward classes of citizens or for the Scheduled Castes and Scheduled Tribes.

Principle: Nothing is an offence merely by reason of its being done v. with the knowledge that it is likely to cause harm, if it be done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other harm to a person or property.

Facts: Mr. Sharman, the Captain of a steam vessel, suddenly and without any fault or negligence on his part, finds himself in such a position that, before he can stop his vessel, he must inevitably run down a boat B, with twenty or thirty passengers on board, unless he changes the course of his vessel, and that, by changing his course, he must incur the risk of running down a boat C with only two passengers on board and which he may possibly clear.

Principle: Wilful rash driving is an offence.
Facts: Mr. Tiwari was driving his car after drinking alcohol. Police books him for wilful negligent driving. Is the act of the police lawful?

Principle: Whoever, intending to take dishonestly any movable property out of the possession of any person without that person's consent, moves that property with an intention to take it, is said to commit theft.

Facts: Y cuts down a tree on Z's ground with the intention of dishonestly taking it out of Z's possession without Z's consent. Y could not take away the tree.

Principle: Injuria Sine Damnum i.e. Injury (violation of legal right) without damage

Facts: X, who was the returning officer at a polling booth in Amethi, wrongly refused to register a duly tendered vote of Y in the recent UP elections, even though Y was an eligible voter. The candidate in whose favour Y wanted to vote was declared elected. Give the appropriate answer—

Principle: Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsound state of mind, is incapable of knowing the nature of the act, or something that he is doing is either wrong or contrary to law.

Fact: X takes his son Y who is three years old, for bathing to the well. I le throws his son inside the well so that the son can have a good bath. After 10 minutes he also jumps into the well to take bath and get his son out of the well. Both were rescued by the villagers but his son was found dead.