What does the theory "Divine Right of King" stipulate?
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Read the given passage carefully and attempt the questions that follow and shade the appropriate answer in the space provided for it on the OMR answer sheet.
It is an old saying that knowledge is power. Education is an instrument which imparts knowledge and, therefore, indirectly controls power. Therefore, ever since the dawn of our civilization, persons in power have always tried to supervise or control education. It has been handmaid of the ruling class. During the Christian era, the ecclesiastics controlled the institution of education and diffused among the people the gospel of the Bible and religious teachings. These gospels and teachings were no other than a philosophy for the maintenance of the existing society. It taught the poor man to be meek and to earn his bread with the sweat of his brow, while the priests and the landlords lived in luxury and fought duels for the slightest offence. During the Renaissance, education passed more from the clutches of the priest into the hands of the prince. In other words, it became more secular. Under the control of the monarch, education began to devise and preach the infallibility of its masters, the monarch or king. It also invented and supported fantastic theories like "The Divine Right Theory" and that the king can do no wrong, etc. With the advent of the industrial revolution, education took a different turn and had to please the new masters. It now no longer remained the privilege of the baron class, but was thrown open to the new rich merchant class of the society. The philosophy which was in vogue during this period was that of "Laissez Voire" restricting the function of the State to a mere keeping of laws and order while on the other hand, in practice the law of the jungle prevailed in the form of free competition and the survival of the fittest.
What does the theory "Divine Right of King" stipulate?
Who controlled education during the Renaissance?
What did the ruling class in the Christian Era think of the poor man?
Who controlled the institution of education during the Christian Era?
What does the word "infallibility" mean?
What do you mean by the "sweat of his brow"?
What does the policy of "Laissez Faire" stand for?
Which of the following describes the writer?
Choose the correct synonym out of the four choices given: Gospels
Choose the correct synonym out of the four choices given:
Vogue
Select the word that is spelt correctly
Select the best option from the four alternatives given below and shade the appropriate answer in the space provided for it in the OMR answersheet.
Unless he …… this office, I will not say anything.
.... , I would help all the poor people.
I .......... the news an hour ago.
He spoke ........... about his prospects.
The boy is not interested in playing ........ ?
He told us that we should never live beyond………….means.
May I request ........... you again to consider my case favorably?
Known as devout and serious person, she also has ......... sense of humour.
Galileo said, 'The Earth ....... around the sun".
We ........... our work before the guests arrived at our house.
The sentences given in each question, when properly sequenced, form a coherent paragraph. Each sentence is labelled with a letter. Choose the most logical order of sentences from among the given choices to construct a coherent paragraph. Shade the appropriate answer in the space provided for it in the OMR answer sheet.
a. People who start up their own business typically come from two extreme backgrounds: One is the business family background and the other is a steady professional family background.
b. Typically, people from different backgrounds face different kinds of basic problems.
c. The people from both the backgrounds find it very difficult to establish and manage an enterprise.
d. Starting up and managing a small business is no joke.
a. Venture capital is recommended as the ideal source of financing for a successfully small business.
b. Several companies including start ups have been funded by dedicated venture funds during this decade.
c. Despite this, an average Indian entrepreneur understands and appreciation of venture capital concept has been woefully inadequate,
d. In the Indian context, though venture "capital has been a relatively late entrant, it has already made a reasonable impact.
a. Progress in diagnosis, in preventive medicine and in treatment, both medicinal and surgical, has been rapid and breathe taking.
b. Much in medicine which is not taken for granted was undreamt of even as recently as 20 years ago.
c. Presently small pox has been eradicated, poliomyelitis practically banished, tuberculosis has become curable and coronary artery disease surgically relievable.
d. The dramatic surge in the field of molecular biology and research by immunologists and geneticists has succeeded in controlling parasitic diseases like malaria and river blindness that affect millions of people round the world.
a. Instead, many deaths and injuries result from falling objects and the collapse of buildings, bridges and other structures.
b. Earthquakes almost never kill people directly.
c. Fire resulting from broken gas or power lines is another major danger during a quake.
d. Spills of hazardous chemicals are also a concern during an earthquake.
a. The Winchester or hard disk drives can store much more data than what can be stored on a floppy diskette.
b. Hard disks come sealed and they cannot be removed or changed like floppy diskettes.
c. Often floppy disk system is used in conjunction with the Winchester disk system.
d. This makes for an ideal system for secondary storage.
Given below are a few foreign language phrases which are commonly used. Choose the correct meaning for each of the phrases and shade, the appropriate answer in the space provided for it in the OMR answer sheet.
El Dorado
Quantum ramifactus
Corpus delicti
Vis-a-vis
Carte blanche
Choose the explanation that catches the spirit of the idiom given in each question.
To blaze a trail
A snake in the grass
Have too many irons in the fire
A fair weather friend
A Panacea
$$\frac{\sqrt{2}}{\sqrt{3}}$$ is a rational number whereas is:
Greatest number which divides 926 and 2313, leaving 2 and 3 remainders respectively is:
A single discount equivalent to a discount series 15% and 5% is:
By selling a cycle for? 2,345, a student loses 19%. His cost price is nearly:
Diagonals of a rhombus are 1 meter and 1.5 meter in lengths. The area of the rhombus is:
An angle in a semi-circle is:
In a school for mid-day meal food is sufficient for 250 students for 33 days, if each student is given 125 gm meals. 80 more students joined the school. If same amount of meal is given to each student, then the food will last for:
In a school of 500 students, 102 students can read Hindi and Tamil both, 200 students can read only Hindi. The students who can read only Tamil are:
The value of k for which $$kx + 3y - k + 3 = 0$$ and $$12x + ky = k$$, have infinite solutions, is:
Table shows the daily expenditure on food of 25 households in a locality: ₹ 100-150 150-200 200-250 250-300 300-350
Households 4 5 12 2 2
The mean daily expenditure on food is:
A box contains 24 marbles, some are green and others are blue. If a marble is drawn at random from the jar, the probability that it is green is $$\frac{2}{3}$$. The number of blue marbles in the jar is:
The population of a city is 250 thousand. It is increasing at the rate of 2% every year. The growth in the population after 2 years is:
If a point (x, y) in a OXY plane is equidistant from (-1, 1) and (4, 3) then:
Sum of first 15 multiples of 8 is:
A rod of 2 cm diameter and 30 cm length is converted into a wire of 3 metre length of uniform thickness. The diameter of the wire is:
Two straight poles of unequal length stand upright on a ground. The length of the shorter pole is 10 metres. A pole joins the top of the two vertical poles. The distance between the two tops is 5 metres. The distance between the poles along the ground is 4 metre. The area thus, formed by the three poles with the ground is:
Pipe A can fill a tank in 10 hours and Pipe B can fill the same tank in 12 hours. Both the pipes are opened to fill the tank and after 3 hours Pipe A is closed. Pipe B will fill the remaining art of the tank in:
A ground 100 $$\times$$ 80 m$$^2$$ has two cross roads in its middle. The road parallel to the length is 5 metre wide and the other road is 4 metre wide, both roads are perpendicular to each other. The cost of laying the bricks at the rate of ^ 10 per m$$^2$$, on the roads, will be:
If selling price of 10 articles is equal to cost price of 11 articles, then gain is:
Angles of a quadrilateral are in the ratio 3: 4: 5: 8. The smallest angle is:
The Headquarter of European Union is situated in:
India in 2008 successfully put CHANDRAYAAN-1 into its initial orbit by:
Vishwanathan Anand retained the World Chess Championship in 2012 by defeating Boris Gelfand. Mr. Gelfand belongs to:
Kapilvastu Relics (fragments of Lord Buddha's bone), for the second time in 114 years, recently travelled from India to:
Dr. Norman Borlaugh is famous as father of the Green Revolution in 1960s. His initial goal was to create varieties of wheat adapted to the climate of:
A feature 'Bluetooth' now common in mobile phones gets its name from a:
Which pair of States does not touch each other?
Baglihar dam, is constructed on river:
Navjivan Trust was instituted with the objectives of propagating peaceful means of attaining third Swaraj, by
World Cup Football, 2014 and Olympics, 2016 will be held in:
In 2012-13, India's target is to restrict the fiscal deficit to x% of the GDP, where x is:
POSCO steel project to come up but being strongly protested by the people is located in:
Bharat Ratna and Padma Awards in our country were instituted in the year:
Who was crowned the Miss World 2012 on August 18, 2012?
Vishwaroopam is a 2013 Tamil spy thriller film written, directed and co-produced by who………. also enacts the lead role.
Vijay Kumar, who clinched a silver medal in London Olympics in 2012 is associated with:
Sushil Kumar who won a silver medal in London Olympics in 2012 is associated with:
How many medals did India win in London Olympics 2012
The present Pope chosen in March, 2013 hails from which country?
The first person to set foot on the moon on July 20,1969 and who died on August 25, 2012 was
In which place, on February 21, 2013, two powerful explosive devices planted on bicycles had exploded in Andhra Pradesh?
On which date Maha Kumbh Mela started in Prayag this year?
Which date International Women's Day is celebrated?
Duration of which Five-Year Plan was 2007-2012?
As per census 2011, which State has the lowest sex ratio (877 : 1000)?
Hugo Chavez who died on March 5, 2013 after losing his battle with cancer, was the President of which country?
Carlos Slim, who tops the list of world's wealthiest people, for the fourth year in a row, belongs to which country?
In the name P. Chidambaram, the present Union Finance Minister, what does ‘P’ stands for?
The earlier name of which city was New Amsterdam?
The grant of Diwani of Bengal, Bihar and Odisha is associated with:
Where did Kuchipudi, an eminent dance form, originate?
Light Year is the unit of:
The leaning tower of Pisa does not fall because:
"Paradise Regained" was written by:
Which is the richest temple in India?
Who founded the Red Cross?
World Literacy Day is celebrated on:
South African Paralympics icon Oscar Pistorius has been accused of killing:
In the month of March, 2013 the Supreme Court of India issued a notice that the ambassador of the following country shall not leave India without the permission of the Supreme Court.
The Constitution (One Hundred Seventeenth Amendment) Bill, 2012 makes provisions regarding:
The number of High Courts in India is:
The last British emperor of India was:
Paleolithic period is also known as
Capital of India was transferred from Calcutta to Delhi in the year:
The chairman of Fundamental Rights Sub-Committee of the Constituent Assembly was:
The Environment Protection Act was passed by the Parliament of India in the year:
International Year of Biodiversity is/was/will be:
The first Shaka king in India was:
Potential Energy is described by the expression:
Where was $$16^{th}$$ NAM Summit held?
Answer the following questions based on the statements given below:
i. There are 3 poles on each side of the road,
ii. These six poles are labelled A, B, C, D, E and F.
iii. The poles are of different colours namely Golden, Silver, Metallic, Black, Bronze and White.
iv. The poles are of different heights.
v. E, the tallest pole, is exactly opposite to the Golden coloured pole.
vi. The shortest pole is exactly opposite to the Metallic coloured pole.
vii. F, the Black coloured pole, is located between A and D.
viii. C, the Bronze coloured pole, is exactly opposite to A.
ix. B, the Metallic coloured pole, is exactly opposite to F.
x. A, the White coloured pole, is taller than C but shorter than D and B.
What is the colour of the pole diagonally opposite to the Bronze coloured pole?
Which is the second tallest pole?
Which is the colour of the tallest pole?
Answer the questions on the basis of the information given below:
The head of a newly formed Government desires to appoint five of the six elected ministers P, Q, R, S, T and U to portfolios of Foreign, Industry and Commerce, Agriculture, Rural Development and Human Resource's. U does not want any portfolio if S gets one of the five. R wants either Foreign or Human Resources or no portfolio. Q says that if S gets Industry and Commerce or Rural Development then she must get the other one. T insists on a portfolio if P gets one.
Which of the following is a valid assignment?
If P gets Foreign and R gets Human Resources, then which is not a valid assignment of Agriculture and Rural Development?
In each of the following questions, a related pair of words is followed by four pairs of words or phrases. Select the pair that best expresses a relationship similar to the one expressed in the question pair.
Action : Reaction
Sorrow: Misery
Drama : Audience
Nuts:Bolts
Book: Author
Each question contains a statement on relationship and a question regarding relationship based on the statement. Select the correct option.
Moni is daughter of Sheela. Sheela is wife of my wife's brother. How Moni is related to my wife?
Annu is daughter of my mother's brother Abhi. Pari is granddaughter of my mother. Pari should call Annu as :
Markandey is Rajiv's mother's father. Markandey has three brothers. One of them has grandson Abhi. Rajan is son of Abhi. Rajan is related to Rajiv as:
Deepak said to Nitin, That boy playing with the football is the younger of the two brothers of the daughter of my father's wife". How is the boy playing football related to Deepak?
Pointing to a woman in the photograph, Rajesh said, "The only daughter of her grandfather is my wife", how is Rajesh related to that woman?
Read the information given below to answer the questions.
i. Kareena's dieting schedule consists of having only one fruit on a given day of the week.
ii. Dietician has prescribed banana, papaya, pomegranate, apple and grape from Sunday to
Friday, one day being a fasting day. Kareena cannot eat any fruit on Saturday.
iii. Pomegranate day is neither on the first day nor on the last day but earlier than the papaya day.
iv. Apple day is on the immediate next day of papaya day,
v. Banana day is on the immediate previous day of the fasting day.
vi. Apple day and grape day must have a gap of two days between them.
vii. Grape day is the day immediately following the fasting day.
Which of the following is the fasting day?
Banana day and apple day have a gap of how many days between them?
Which day is grape day?
Which day is pomegranate day?
Which of the following is the correct statement?
Each question contains one statement and two courses of actions I and II. Assuming the statements to be true, decide which of the two courses of action most logically follows.
Statement: Indian children are very talented but are instead weak in science and mathematics.
I. Teaching and textbooks are not available in mother language.
II. Education based on experiments in both the subjects is lacking.
Statement: Despite of child labour laws, children can be seen working in hotels, shops, houses very frequently.
I. The Government should not make such laws which cannot be enforced.
II. A proper education system for the primary level particularly for lower caste community may eradicate this problem.
Statement: Kyoto protocol on environment is signed by almost every country of the world.
I: As a result air, water and soil pollution have come down.
II: Increasing production of automobiles, refrigerators and fertilisers do not affect our environment.
Statement: School dropout rate is very high in the rural areas as children support their parents in income earning activities.
I. Public awareness programme on primary education should be expanded immediately to educate parents.
II. Compensation is not a remedy.
Statement: Smoking is one of those human weaknesses which tend to test the will power of the smoker of the edge.
I. It is very difficult for the smoker to give up smoking even if they want to do so.
II. Human beings have other weaknesses as well.
Complete the series by choosing the correct option.
0, 1, 1, 2, 3, 5, 8, 13, 21, ?
A - 10, E - 15, 1 - 20, M - 25, ...
17, 36, 74, 150, ?, 606
2, 1, 4, 3, 6, 5, 8, ?
1, 4, 27, 256, ?
In each question below are given two statements numbered I and II. You have to take the two given statements as true even if they seem to be at variance with commonly known facts. Read all the conclusions and then decide which of the given conclusions logically follow from the given statements, disregarding commonly known facts.
I: All vegetables have gravy.
II: All lunch has vegetable.
I: Karan Johar is a good director.
II: Directors are intelligent.
I: Some blues are green.
II: Pink is green.
I: All boys are tall.
II: All Punjabi are tall.
I: All girls go to the college.
II: Rina does not go to the college.
Read the information given below to answer the questions.
A, B, C, D, E, F, G and H want to have a dinner on a round table and they have worked out the following seating arrangements.
(i) A will sit beside C
(ii) H will sit beside A
(iii) C will sit beside E
(iv) F will sit beside H
(v) E will sit beside G
(vi) D will sit beside F
(vii) G will sit beside B
(viii) B will sit beside D.
Which of the following is wrong?
Which of the following is correct?
A and F will become neighbours if
During sitting:
H will be sitting between:
This section consists of fifty (50) questions. Each question consists of legal propositions/principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true for the purposes of this section. In other words, in answering the following questions, you must not rely on any principles except the principles that are given herein below for every question. Further you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability even if the "most reasonable conclusion” arrived at may be unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.
PRINCIPLE: When an offer is accepted by a person to whom it is made, it becomes a promise. But this promise will become legally binding only when the acceptance of the offer is unconditional.
FACTS: Ram makes an offer to sell his house to Shy am for ₹50 lacs. Shy am accepts this offer but wants to pay the price of the house in five quarterly instalments. Ram does not agree to it. Thereafter Shyam agrees to pay the price of the house in the way as originally desired by Ram. But Ram does not reply to it. Can Shyam compel Ram to sell his house to him?
PRINCIPLE: Generally an agreement without consideration is not valid. Therefore, in order to make a valid agreement, some consideration which may have some value in the eyes of law, is essentially required.
FACTS: William has an old car of which he makes seldom use. He voluntarily enters into an agreement with Smith to sell this car for rupees ten thousand. Thereafter one Anson approaches William and offers to buy that car for rupees one lac as the car was one which Anson has been searching for long. Now William wants to cancel his agreement with Smith and refuses to deliver the car to him saying that consideration (price) for the car promised by Smith is negligible and, therefore, agreement with him cannot be said to be valid one.
PRINCIPLE: In order to be eligible to appear in the semester examination, a student is required to attend, under all circumstances, at least 70% of the total classes held in that semester as per University rules.
FACTS: Anand, an economically poor but a very brilliant student of LL.B. final semester, while going to his University by cycle received some leg injuries in road accident. Consequently Anand could not attend his classes for one week as he was advised rest by his doctor for that period. Due to this absence from the University, Anand failed to have 70% attendance essential to appear in the examination and, therefore, he was debarred from appearing in the examination by the University authorities. Anand challenges this decision in the court of law.
PRINCIPLE: A seller of goods cannot transfer better rights than he himself possesses in the goods sold to the buyer.
FACTS: Komal leaves his watch by mistake on a seat in the park, Sonal finds that watch and immediately sells the same for good price to Monal who without inquiring whether Sonal is its owner or not. Komal later on claims that watch from Monal. Decide whether Komal can succeed.
PRINCIPLE: All citizens shall have the fundamental right to carry on any occupation, trade or business but reasonable restrictions on the exercise of such rights can be imposed by law in the interest of the general public.
FACTS: A large number of persons had been carrying on the business of dyeing and printing in Rajkot area for the last 25 years providing employment to about 30,000 families. From these business places untreated dirty water was being discharged on the roads thereby causing damage to the public health. A notice, therefore, was given to close this business till necessary measures to protect public health as provided under the environmental statutes were taken by those businessmen.
PRINCIPLE: A contract cannot be enforced by or against a person who is not a party to it. However, where some benefit is conferred on third party by the contract itself, there third party can be allowed to enforce that contract to get such benefit.
FACTS: Dinesh is liable to pay ₹50,000 to Suresh. In order to discharge this liability Dinesh enters into a contract with Ramesh by which Dinesh sells his car to Ramesh for ₹1 lac. Ramesh takes the delivery of the car and promises/assures to pay its price at the earliest. Dinesh separately informs Suresh about this contract for his satisfaction. Ramesh fails to pay the car's price. Suresh wants to join Dinesh in filing suit against Ramesh for the recovery of price of the car. Whether Suresh is entitled to do so?
PRINCIPLE: If a contract is made by post between two persons living in two different cities, then the contract is said to be complete as soon as the letter of acceptance is properly posted and the place of completion of the contract is that city where acceptance is posted. It is worth mentioning here that in every contract there is always an offer from one party and the acceptance of the offer from the other party.
FACTS: Sani, a resident of Patna, gives an offer by post to sell his house for ₹ 25lacs to Hani, a resident of Allahabad. This offer letter is posted on 1st January, 2013 from Patna and reaches Allahabad on 7thJanuary, 2013. Hani accepts this offer and posts the letter of acceptance on 8th January, 2013 from Allahabad which reaches Patna on 16th January, 2013. But Sani presuming that Hani is not interested in accepting his offer, sells his house to Gani at same price on 15th of January, 2013. Hani files a suit against Sani for the breach of contract in the competent court of Allahabad. Whether Hani will succeed?
PRINCIPLE: He, who goes to the court of law to seek justice, must come with clean hands.
FACTS: P enters into a contract with S under which S has to construct a house for P and has to complete the same within one year from the date of the contract. This contract includes two very important terms. According to first term if there is price hike of the materials to be used in the construction, then the escalation charges at a particular rate shall be payable by P to S. According to second term if the construction of the house is not completed within the period prescribed for it, then S will have to pay penalty at a particular rate to P. Before the completion of the construction work the workers of S go on strike and strike continues up to three months even after the expiry of one year. After that period workers return and the construction work again starts. During the last three months period of strike there was a considerable rise, in the price of the building material. S claimed escalation cost from P. P did not agree to it. S filed a suit in the court of law either to order the payment of the price of the building material on the basis of escalated price or to allow him to stop their work without incurring any penal liability towards, P.
PRINCIPLE: If the object of an agreement is or becomes unlawful or immoral or opposed to public policy in the eyes of law, then the courts will not enforce such agreements. Law generally prohibits Child labour.
FACTS: P enters into an agreement with T by which P has to let his house to T for two years and T has to pay ₹ 20,000.00 per month to P as rent. T starts a child care centre in that house. But after some time in order to earn some money for the maintenance of the centre, T starts sending the children of the centre on rotation basis to work for four hour a day in some nearby chemical and hazardous factories. When P comes to know about this new development, he asks T either to stop the children from working in factories or to leave his house immediately. T neither agrees to leave the house nor to stop the children from working in the factories. P files a suit in the court of law for appropriate relief/action.
PRINCIPLE: Whosoever by his act or omission causes environmental pollution shall be held liable for any loss caused by such pollution. It shall be no defence in such cases that all due diligence or reasonable care was taken while carrying out the act or omission in question.
FACTS: Hari is carrying on a chemical and fertilizer industry near a bank of a river. In order to prevent and control any kind of harm to the environment, suitable waste treatment and disposal plants were installed in the factory. Due to some sudden mechanical/technical problem, these plants ceased to work properly and, therefore, caused environmental pollution, which ultimately caused substantial harm to the environment and to the people living around the factory. Victims of such pollution file a suit for suitable remedy.
PRINCIPLE: If a person transfers movable or immovable property with its full ownership and without any consideration to some other person, then it is called a gift.
FACTS: S, who has no child of his own, makes a gift of his house worth ₹ 25 lacs to his nephew R. After completing all the legal formalities required for a valid gift, 5 says to R that in case of need R will provide that house to S for use without any questions. R does not react to it. After one year of this gift, S really needs that house and request R to make the house available to him, but R refuses to do so.
PRINCIPLE: An agreement to do an act impossible in itself cannot be enforced by a court of law.
FACTS: Ramesh agrees with his girl friend Shilpa to pluck Stars from the sky through his extraordinary Will power, and bring them down on earth for her within a week. After the expiry of one week, Shilpa filed a suit for damages against Ramesh for the breach of contract as Ramesh failed to perform his promise.
PRINCIPLE: An agreement may be oral or written. However, if a law specifically requires that an agreement must be in writing then the agreement must be in writing. A law specifically requires that the agreements relating to transfer of the copyright in novel between an author of a novel and the producer of a motion picture must be in writing.
FACTS: The author of a novel, Love at Lost Sight, had several rounds of discussion with a producer of motion picture regarding making of a motion picture based on Love at Lost Sight. During the discussion, they decided to make a motion picture on Love at Lost Sight. The producer made a motion picture on Love at Lost Sight after making a payment of ₹ 10,00,000 (Ten lacs only) in cash to the author who happily accepted this amount as full and final payment. Later on, on the advice of his lawyer, the author brought a case in a court of law against the producer on the ground that there is no written agreement between the producer and him.
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 interest.
FACTS: X who is usually of sound mind, but occasionally of unsound mind enters into a contract with Y when he (X) is of unsound mind. Y came to know about this fact afterwards and now wants to file a suit against X.
PRINCIPLE: Whosoever commits any act forbidden by the Indian Penal Code with a view to obtain the consent of any person to enter into an agreement, he cannot get the agreement enforced by law but the person whose consent has been so obtained may get the agreement enforced by law. The Indian Penal Code defines various offences and prescribes punishments therefore.
FACTS: A obtains the consent of B to enter into an agreement by an act amounting to criminal intimidation under the Indian Penal Code. A brings a case against B for performance of agreement.
PRINCIPLE: A contract between the father and his son is a contract of utmost good faith. In such a type of contract law presumes that at the time of entering into the contract the father was in position to dominate the Will of his son. Where one of the parties was in a position to dominate the Will of the other party, the contract is enforceable only at the option of the party whose Will was so dominated.
FACTS: Ram had advanced a sum of ₹ 10,000 to his minor son Shyam. When Shyam became major, his father Ram misused his parental position and entered into an agreement with Shyam and obtained a bond from him for a sum of ₹ 30,000 in respect of the advance. Whether this agreement is enforceable?
PRINCIPLE: When at the desire of one person, any other person has done or abstained from doing something, such act or abstinence or promise is called a consideration for the promise. Only a promise coupled with consideration is enforceable by law.
FACTS: X, the uncle of Y, made a promise to pay him an amount of ₹ 10,000 as reward if Y quits smoking and drinking within one year. X also deposited the above mentioned amount in a bank and informed Y that the said amount will be paid to him if he quits smoking and drinking within one year. Within a period of six months of making the promise X died. After the expiry of one year of making the promise by X, Y made a request to the legal heirs of X demanding the promised money. The legal heirs of X declined the request of Y.
PRINCIPLE: 'Work' means literary work, artistic work, dramatic work, musical work, cinematographic film and sound recording but does not include acting in a cinematographic film. Only the works, as enumerated above, can be protected under copyright law.
FACTS: A very famous actor acted in a cinematographic film. The actor was also the producer and director of cinematographic film.
PRINCIPLE: In case where the Government is a party, the Government, shall be the first owner of the copyright in the work unless there is an agreement to the contrary.
FACTS: The Government of the State of X entered into an agreement with a retired Professor of Botany. The Professor agreed to write a textbook on Botany. The Government agreed to pay a sum of ₹ 10,00,000 to the Professor for this work.
PRINCIPLE: Licence is an agreement whereby the owner of the copyright agrees to grant an interest in the copyright to the licence. Assignment is an agreement whereby the owner of the copyright transfers all the property rights to the assignee. Property right is a bundle of rights consisting of right to possess, right to use, right to alienate and the right to exclude others.
FACTS: A, an owner of copyright in a cinematographic film enters into an agreement with B, a film distributor. B agrees to distribute the film only in' Mumbai. A also enters into many such agreements with other distributors for distribution of his film in other cities.
PRINCIPLE: Quifacit per alium facit per se, i.e., he who does things through others does it himself.
FACTS: Nisha, the owner of a car, asked her friend Saurabh to take her car and drive the same to her office. As the car was near her office, it hit a pedestrian Srikant on account of
Saurabh's negligent driving and injured him seriously. Now Srikant files a suit for damages against Nisha.
PRINCIPLE: Words describing quality of things cannot be registered as trade mark. owever, such words may be registered as trade mark if they acquire a secondary meaning. Words acquire secondary meaning when people start associating the descriptive words with a person specific.
FACTS: A hatchery located in Raipur is owned by 'X'. X has been using the slogan "new laid eggs sold here" since 1970 to describe the quality of eggs sold in his hatchery. Over a period of time because of continuous use of this slogan, people started associating this slogan with X. X filed an application for registration of the words "new laid eggs" as trade mark in the year 1970.
PRINCIPLE: Whoever takes, away anything from the land of any person without that person's consent is said to commit theft. A thing so long as it is attached to the earth is not the subject of theft; but it becomes capable of being the subject of theft as soon as it is severed from the earth.
FACTS: Y cuts down a tree standing on the land of X with the intention of dishonestly taking the tree out of X's possession without the consent of X. But V is yet to take away the tree out of X's possession.
PRINCIPLE: Res ipsa loquitur i.e., the thing speaks for itself
FACTS: Seema got herself operated for the removal of her uterus in the defendant's hospital, as there was diagnosed to be a cyst in one of her ovaries. Due to the negligence of the surgeon, who performed the operation, abdominal pack was left in her abdomen. The same was removed by a second surgery.
PRINCIPLE: Whoever takes away with him any minor person less than sixteen years of age if a male, or less than eighteen years of age if a female out of the keeping of parents of such minor person without the consent of such parent, is said to kidnap such minor person.
FACTS: A female born on January 1, 1995 got admitted to an undergraduate program of a reputed University on July 1, 2012. She became friendly with one of the boys, born on June 1, 1994, of her class. The boy and the girl decided to marry- The parents of the boy agreed but the family of the girl did not agree. On December 15, 2012 the girl made a call from her Blackberry to the boy. The girl told the boy to come in his car at a particular place and time. The boy reached the stipulated place before the stipulated time. He waited there for about half an hour. The girl reached the stipulated place. She opened the door of the car and sat beside the boy who was on the driving seat. Without exchanging any pleasantries, the boy drove the car to an unknown place. The father of the girl lodged an FIR in the nearest police station on January 20, 2013.
PRINCIPLE: Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished.
FACTS: Two adult men were found engaged in carnal intercourse by the police. The police arrested the men and produced them before the Court.
PRINCIPLE: Wherever the causing of a certain effect, or an attempt to cause that effect, by an act or by an omission, is an offence, it is to be understood that the causing of that effect partly by an act and partly by an omission is the same-offence.
FACTS: A intentionally omitted to give food to his father. He also used to beat his father. Consequently A's father died.
PRINCIPLE: Nothing is an offence which is done by a child under seven years of age.
FACTS: A, a child born on January 1, 2005 killed another child 'B' on December 30, 2011.
PRINCIPLE: A pact, other than a pact to commit suicide, to suffer any harm is not an offence, provided the age of the person who has given his consent to suffer harm is above eighteen years.
FACTS: A enters into a pact with B, a boy of less than 18 years of age, to fence with each other for amusement. They agreed to suffer any harm which, in the course of such fencing, may be caused without foul play.
PRINCIPLE: When an act which would otherwise be an offence, is not that offence by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, every person has the same right of private defence against that act which he would have if the act were that offence. Nothing is an offence which is done in the exercise of the right of private defence.
FACTS: A, under the influence of madness, attempts to kill B. B in order to save his life causes grievous hurt to A.
PRINCIPLE: Mere silence as to facts likely to affect the decision of a person to enter into a contract does not amount to fraud, unless his silence is in itself equivalent to speech.
FACTS: A sells to B a horse which A knows to be of unsound mind. B says to A that if A does not say anything about the state of mind of horse, then B shall presume that the horse is of sound mind. A says nothing to B about the mental condition of horse.
PRINCIPLE: Whoever by words, either spoken or written brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the Government established by law in India shall be punished. However, comments expressing disapprobation of the administrative or other action of the Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence.
FACTS: A renowned Professor of Economics wrote a critical comment on the economic policies of the Government of India in a National Daily. This piece of writing generated academic debate not only in the print media but also on television and internet. A student of law asked the fellow Indians on a social networking website to assemble at a particular place for peaceful and silent demonstration against the said economic policies on a stipulated date and time. The crowd assembled at that venue and started shouting antigovernment slogans. Police arrested the professor.
PRINCIPLE: Where two or more persons have made a complaint for the grant of compulsory licence to the Copyright Board, the licence shall be granted to that complainant only who, in the opinion of the Copyright Board, would best serve the interests of the general public.
FACTS: Four persons made a complaint for the grant of compulsory licence to the Copyright Board.
PRINCIPLE: Any police officer, not below the rank of a Sub-Inspector, may, if he is satisfied that an offence in respect of the infringement of copyright in any work has been, is being, or is likely to be, committed, seize without warrant, all copies of the work and all plates used for the purpose of making infringing copies of the work, wherever found and all copies and plates so seized shall, as soon as practicable, be produced before a Magistrate.
FACTS: A Superintendent of Police (SP) conducted a raid on a shop and found pirated copies of books. The SP formed an opinion that infringement of copyright is taking place. He arrested the shop owner without warrant in the light of above mentioned propositions.
PRINCIPLE: Whoever attempts to commit an offence punishable by the Indian Penal Code and in such attempt does any act towards the commission of the offence, shall be punished. Stealing is an offence punishable by the Indian Penal Code.
FACTS: A makes an attempt to steal some jewels by breaking open a box and after so opening the box, finds that there is no jewel in it.
PRINCIPLE: Whoever by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said to defame that person.
FACTS: In a community there is a custom of stealing shoes of bridegroom during the marriage ceremony. The shoes of the bridegroom were stolen by V. 'A' announced that Z has stolen the shoes. Everyone present in the marriage party started staring at Z with great surprise. Z felt very ashamed.
PRINCIPLE: An employer is liable for the negligence of his employee. But an employer is not liable for the negligence of his employee if the victim of such negligence is one of his other employees.
FACTS: 'A' and 'B' were working in a factory as unskilled labourers. A was carrying a basket of stones on his head. B was sitting on the ground. When A crossed B, all of a sudden a stone fell down from the basket and hit B on his head. B died immediately.
PRINCIPLE: Damages are the money recompense, as far as money can do, for the violation of a right.
FACTS: A, an Indian citizen, having a right to vote, was not allowed to cast his vote on the polling booth, by the returning officer. Name of A was mentioned in the voter's list. A has also reported at the polling booth in time. However, the candidate in whose favour A would have cast his vote won the election. A filed a suit claiming damages.
PRINCIPLE: When a party to a contract has refused to perform, or disabled himself from performing, his promise in its entirety, the other party may put an end to the contract.
FACTS: A engaged B on April 12 to enter his service, on June 1, but on May 11, A wrote to B that his services would not be needed. On May 22, B joined C for employment.
PRINCIPLE: When a person voluntarily agrees to suffer some harm, he is not allowed to complain for that.
FACTS: 'A' was one of the spectators at a formula one car race, being held at Gurgaon, on a track owned by one 'M' company. During the race, there was a collision between two racing cars, one of which was thrown away amidst spectators, thereby causing an injury to A'. 'A' claims damages for the injuries caused to him.
PRINCIPLE: An interest which is created on a transfer of property and depends upon the fulfillment of a condition will fail if the fulfillment of the condition is impossible or is forbidden by law or is of such a nature that, if permitted, it would defeat the provisions of any law or is fraudulent or involves or implies injury to the person or property of another or the court regards it as immoral or opposed to public policy.
FACTS: A gives ₹ 10, 00,000 to B on condition that B shall marry A's daughter C. On the date on which A gave ₹ 10, 00,000 to B, C was dead.
PRINCIPLE: A condition precedent must be complied with before the happening of the event to which such a condition is attached. Fulfillment of such a condition after the happening of the event is no fulfillment of condition.
FACTS: A transfers ₹ 5,000 to B on condition that he shall marry with the consent of C, D and E As C, D and E had to go abroad for some business purposes and as the date of marriage was already fixed, therefore, B marries without the consent of C, D and E, but obtains their consent after the marriage when C, D and E return to their country.
PRINCIPLE: In an agreement, a condition subsequent must be complied with to claim the benefit of that agreement.
FACTS: A agrees to transfer a farm to B, provided that, if B does not go to England within three years after the date of the agreement, his interest in the farm shall cease. B does' not go to England within the term prescribed.
PRINCIPLE: Existence of all the alleged facts is relevant whether they occurred at the same time and place or at different times and places.
FACTS: A, a permanent resident in a foreign country who never visited India, is accused of waging war against the Government of India by taking part in an armed insurrection in which property is destroyed, troops are attacked and prisons are broken open.
PRINCIPLE: Whoever desires any court to give judgment about any legal right or liability which depends on the existence of those facts which he asserts; must prove that these facts exist.
FACTS: A asserts that B, C and D have committed an offence of criminal conspiracy and therefore A desires a Court to give judgment that B, C and D shall be punished for that crime which A says B, C and D have committed.
PRINCIPLE: The fact that any person was born during the continuance of a valid marriage between his mother and any man or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate son of that man, unless it can be shown that the parties to the marriage had no access to each other at any time when he could have been begotten.
FACTS: X and Y married on January 15, 1995. Y, the wife of X, never left her parental home and never went to her husband's home. A boy was born to Y on July 15, 1995. For the Court
PRINCIPLE: An unlawful interference with a person's use or enjoyment of land, or some right over, or in connection with it, is a nuisance in law of tort.
FACTS: During the scarcity of onions, long queues were made outside the defendant's shop who having a license to sell fruits and vegetables used to sell only 1 Kg of onion per ration card. The queues extended on to the highway and also caused some obstruction to the neighbouring shops. The neighbouring shopkeepers filed a suit for nuisance against the defendant. Which one of the following decisions will be correct in this suit?
PRINCIPLE: Every agreement in restraint of the marriage of any person, other than a minor, is void.
FACTS: Qadir Khan died in a road accident. Two co-widows, Sultana and Marjina enter into an agreement that if any of them will re-marry, would forfeit her right to her share in the deceased husband's property.
PRINCIPLE: Nothing is an offence merely by reason of its being done 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 Italian captain of a steam vessel, suddenly and without any fault or negligence on his part, finds himself near the Kochi coast 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 risk of running down a boat C with only two passengers on board, which he may possibly clear. Whether Sharman has committed an offence?
PRINCIPLE: Only the Parliament or the State Legislatures have the authority to enact laws on their own. No law made by 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. The group of lawyers filed a writ petition against the Parliament for enacting such law and requests the Court to quash the law and to direct the Parliament to make a new law.
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