A vote of ….. Proposed at the end of the meeting.
CLAT 2014 Question Paper
Fill in the blank by choosing the most appropriate option.
During the recession many companies will lay off workers.
She has good…..over the famous foreign language
The chairman pointed out in favour of the manager that the profitability of the industrial plant had….. since he took over the administration
When the examination were over….went to paris.
Let’s go for a walk, ….?
Had Anil been on time, he….. missed the train.
The most alarming fact is that infection is spreading….. the state and reaching villages and small towns.
In big cities people are cut….from nature.
The dissidents …..a great problem in every political party.
The sentences given in each question, when properly sequenced, from a coherent paragraph. Each sentence is labeled with a letter; choose the most logical over of sentences from among the given choices to construct a coherent paragraph
(a) when a dictionary is being edited, a lexicographer collects all the alphabetically arranged citation slips for a particular word
(b) the moment a new word is coined, it usually enters the spoken language.
(c) the dictionary takes note of it and makes a note of it on a citation slip.
(d) the word then passes from the realm of hearing to the realm of writing.
a. the impression that corruption is a universal phenomenon persists and the people do not co-operate in checking this evil
b. so there is hardly anything that the government can do about it now.
c. it is regrettable that there is a widespread corruption in the country
d. recently several offenders were brought to book, but they were not given deterrent punishment.
a. In all social affairs convention prescribes more or less generally accepted rules of behavior.
b. Of course, there is nothing absolute about conventions.
c. they vary from country to country from age to age
d. Convention has a necessary part to play in the life of everyone.
a. in fact, only recently there have been serious studies to find out how many of us actually have nightmares.
b. now that is changing
c. the study of nightmares has been curiously neglected
d. while results so far are inconclusive, it seems fair to say that at least half the population has occasional nightmares.
Given below are a few foreign language phrases which are commonly used. choose the correct meaning for each of the phrases.
Ex officio
Ultra vires
Quid pro quo
Inter vivos
corpus juris
select the word that is spelt CORRECTLY..
Which of the following spelling is correct?
Which of the following spelling is correct?
Which of the following spelling is correct?
Which of the following spelling is correct?
Which of the following spelling is correct?
Choose the explanation that best reflects the spirit of the idom/proverb/phrase given in each question
To make clean breast of:
A man of straw:
a wild-goose chase:
put on the market:
to meet someone halfway
The questions in this section are based on a single passage. the questions are to be answered on the basis of what is stated or implied in the passage. Kindly note that more than one of the choices may conceivably answer some of the questions. However, you are to choose the most appropriate answer, that is, the response that most accurately and completely Answers the question.
The spread of education in society is at the foundation of success in countries that are latecomers to development. In the quest for development, primary education is absolutely essential because it creates the base. But higher education is just as important, for it provides the cutting edge. And universities are the life-blood of higher education such as Indian Institutes of Technology (IITs) and Indian Institutes of Management (IIMs) are valuable complements but cannot be substitutes for universities which provide educational opportunities for people at large.
There can be no doubt that higher education has made a significant contribution to economic development, social progress and political democracy in independent India. It is a source of dynamism for the economy. It has created social opportunities for people. It has fostered the vibrant democracy in our polity. it has provided a beginning for the creation of a knowledge society. But it would be mistake to focus on its strengths alone. It has weaknesses that are a cause for serious concern.
There is, in fact, a quiet crisis in higher education in India that runs deep. It is not yet discernible simply because there are pockets of excellence, an enormous reservoir of talented young people and an intense competition in the admission process. And in some important spheres, we continue to reap the benefits of what was sown in higher education 50 years ago by the founding fathers of the Republic. The reality is that we have miles to go. the proportion of our population, in the age group 18-24 that enters the world of higher education is around 7 per cent, which is only one-half the average for Asia. The opportunities for higher education, in terms of the number of places in universities, are simply not enough in relation to our needs. What is more, the quality of higher education in most of our universities requires substantial improvement.
It is clear that the system of higher education in India faces serious challenges. It needs a systematic overhaul, so that we can educate much larger numbers without diluting academic standards. this is imperative because the transformation of economy and society in the 21st century would depend, in significant part on the spread and the quality of education among our people particularly in the sphere of higher education. It is only an inclusive society that can provide the foundations for a knowledge society.
The challenges that confront higher education in India are clear. It needs a massive expansion of opportunities for higher education, to 1500 universities nationwide that would enable India to attain a gross enrolment ration of at least 15 percent by 2015. It is just as important to raise the average quality of higher education in every sphere. At the same time, it is essential to create institutions that are exemplars of excellence at par with the best in the world. In the pursuit of these objectives, providing people with access to higher education in a socially inclusive manner is imperative. The realization of these objectives, combined with access, would not only develop the skills and capabilities we need for the economy but would also help transform India into a knowledge economy and society.
The principal focus of the passage is:
The style of the passage can be best described as:
What kind of society can provide the foundation for knowledge society?
According to the passage, which one of the following is Incorrect?
According to the passage, the current state of affairs of higher education in India is:
According to the passage, which of the following is not a challenge that confronts higher education in India?
According to the passage, which of the following is correct?
Should the entire university system in India be modeled on premier institutes such as IITs and IIMs, providing professional education?
what is the antonym of the expression ‘cutting edge’?:
what is the meaning of the word ‘discernible’?
For the following questions answer them individually
The next number in the sequence is : 19, 29, 37, 43 ……..
An unknown man is found murdered. The corpse has one gold plated tooth, right ear is pierced and a healed fracture of left hand thumb. A man with these characteristics is reported missing. what are the chances (probability) of the corpse being the missing man?(given the occurrence of the gold-plated teeth in the area, 1 in 5000, left hand thumb fractures 1 in 20000 and of right ear pierces 1 in 100).
value of ‘A’ in the expression $$5 + 12 \times 10 \div \frac{120}{240} = A \times 10$$, is
The Least common Multiple (LCM) of 0.12, 9.60, 0.60 is
There are 30 boys and 40 girls in a class. if the average age of boys is 10 yrs and average age of girls is 8 yr, then the average age of the whole class is:
A person spends part of his income on food, part on house rent and remaining ₹ 630 on other items. the house rent is:
A person covers a certain distance by car at a speed of 30km/h and comes back at a speed of 40 km/h. the average speed during the travel is:
An employer reduces the number of employees in the ratio 8:5 and increases their wages in the ration 7:9. therefore, the overall wages bill is:
Father is 3 years older than the mother and the mother’s age is now twice the daughter’s age. If the daughter is 20 years old now, then the father’s age when the daughter was born is:
If 80% of A = 20% of B and B = 5x% of A, then the value of X is:
A mixture of 40 L of alcohol and water contains 10% water. How much water should be added to this mixture, so that the new mixture contains 20% water?
A can do a piece of work in 20 days and B can do the same work in 15 days. How long will they take to finish the work, if both work together?
A man can row 5km/h in still water. if the speed of the current is 1km/h, it takes 3h more in upstream than in the downstream for the same distance. the distance is:
A starts a business with ₹ 5000 and B joins the business 5 months later with an investment of ₹ 6000. After a year they earn a profit of ₹ 34000, find the shares of A and B in the profit amount depending on their individual investment.
A farmer has some hens and some goats. if the total number of animal heads is 80 and the total number of animal feet is 200, what is the total number of goats?
A square field has its area equal to 324 m$$^2$$ . The perimeter of the field is:
A closed metal box measure 30 cm $$\times$$ 20 cm $$\times$$ 10 cm. thickness of the metal is 1 cm. the volume of the metal required to make the box is:
The difference between the simple interest and the compound interest (compounded annually) on ₹ 2000 for 2 yr at 8% per annum will be:
A dealer marked his goods 20% above the cost price and allows a discount of 10%. then the gain percent is:
A mean went to the Reserve Bank of India with ₹ 2000. He asked the cashier to give him ₹ 10 and ₹ 20 notes only in return. The man got 150 notes in all. How many notes of ₹ 10 did he receive?
Which of the following judges of the supreme court of India is famously known as the ‘Green Judge’?
Law day is observed on
In which year, Defence Research & Development Organisation (DRDO) was formed by the amalgamation of the technical development establishment (TDE) of the Indian Army and the Directorate of Technical Development & production (DTDP) with the defence science organisation (DS)):
The Reserve Bank of India was established in the Year:
Lord Buddha’s image is sometimes shown with the hand gesture, called ‘Bhumisparsh mudra’ it signifies?
Which of the following statements is Incorrect about fundamental duties under the constitution of India? it shall be the duty of every citizen of India-
Which of the following scripts of ancient India was mostly written from right to left?
During the time of which Mugal Emperor did the east India company establish its first factrory in India?
who, among the following first translated the Bhagwatigita into English
Match List I with List II and select the correct answer using the codes given below the lists:
Match List I with List II and select the correct answer using the codes given below the lists:
Who was not a chief justice of India?
Who was the first attorney-General of India?
Under the leadership of mahatma Gandhi, the civil disobedience movement, launched in 1930, started from?
Match List I with List II and select the correct answer using the codes given below the lists:
which of the following planets has the maximum number of natural satellites?
In India, the interest rate on savings accounts in all the nationalized commercial banks is fixed by?
Solvents are the substances used to dissolve other substances. Consider the following substances: (1) water (2) ether (3) toluene (4) chloroform (5) ethanol. Which of the above can be used as solvents?
Viruses are parasitic, having DNA/RNA, but they can be crystallized and lack respiration. therefore they are treated as:
who is the winner of the coveted DadasahebPhalke Award for the year 2013?
who among the following has been recently appointed as brand ambassador for central reserve police force?
Till date (2014) how many people have been awarded Bharat Ratna Award?
Which country Malalayousafzai belongs to?
who recently became the first woman chief of the state bank of India?
who is the chairman of the 14the finance commission?
The chairperson of the seventh pay commission is:
which one of the following is not correctly matched?
The first Five year plan of India was based on?
Whichone of the following measures is Not likely to aid in improving India’s balance of payment position?
Find out the correct chronological sequence of the following persons visit to India at one time or another: (1) Fahien (2) I-Tsing (yijing) (3) Megasthanese (Hiuen-Tsang)?
Which was the first newspaper to be published in india?
The change in the colour of stars is linked to?
Which one of the following does not remain to be a planet now?
Who was appointed as the $$23^{rd}$$ Governor of the Reserve Bank of India?
Which one of following offices is held during the pleasure of the president of India?
Who was the first winner of the prestigious Jnapith award?
Match List-I with List -II and choose the correct answer:
Who was among the following honoured with arjuna award in chess for the year 2013?
Economic growth rate projected by the IMF for India in the fiscal Year 2014-15 is:
Who was sworn in as the Prime Minister of Italy on $$22^{nd}$$ February 2014?
Which one of following is the highest peacetime gallantry award of India?
Which one of the following gases is lighter than air?
Name the scientist who is known as the father of modern genetics?
Which year was designated by the united nations as international women year?
Mention the correct abbreviation for ATM?
General election is being held in India from 7 april to 12 may 2014 to constitute?
Mention the neme of the current chief justice of India?
The $$9^{th}$$ ministerial conference of the WTO, held during 3 December-6 December 2013 was concluded at:
Nobel prize in literature for the year 2013 was awarded to:
Which one of the following satellites was successfully launched by the ISRO’s polar satellite Launch vehicle (PSLV-c24) on $$4^{th}$$ April 2014??
Read the following information carefully and answer the questions given below:
Five friends Satish, Rajesh, Rehman, Rakesh and vineet, - each presents one paper to their class on physics, Zoology, Botany, English or Geology - one day a week, Monday through Friday.
(i) Vineet does not present English and does not give his presentation on Tuesday.
(ii) Rajesh makes the Geology presentation and does not do it on Monday or Friday.
(iii) The Physics presentation is made on Thursday.
(iv) Rehman makes his presentation, which is not on English, on Wednesday.
(v) The Botany presentation is on Friday and not by Rakesh
(vi) Satish makes his presentation on Monday.
What day is the English presentation made?
What presentation does vineet do?
What day does Rakesh make his presentation on?
Each question contains a statement on relationship and question regarding relationship based on the statement. Choose the correct option.
Pointing to a photograph a man said, I have no brother or sister but that man’s father is my father’s son. Whose photograph was that?
Ranjan introduces abhay as the son of the only brother of his father’s wife. How is abhay related to Ranjan?
Pointing to a lady on the stage, bhumika said, ‘she is the sister of the son of the wife of my husband. How is the lady related to bhumika?
Pinky, who is victor’s daughter, says to Lucy, ‘your mother rosy is the younger sister of my father, who is the third child of joseph’. How is joseph related to Lucy?
Pramod told vinod, yesterday I defeated the only brother of the daughter of my grandmother’. Whom did promod defeat?
Read the information given below to answer the question:
(i) In a family of six persons, there are people from three generations. Each person has separate profession and also each one likes different colours. There are two couples in the family.
(ii) Charan is a CA and his wife neither is a doctor nor likes green colour
(iii)Engineer likes red colour and his wife is a teacher
(iv) Vanita is mother-in-law of namita and she likes orange colour.
(v) Mohan is grandfather of Raman and Raman, who is a principal, likes black colour.
(vi) Sarita is granddaughter of vanita and she likes blue colour. Sarita’s mother likes white colour.
Who is an engineer?
What is the profession of namita?
Which of the following is the correct pair of two couples?
How many ladies are there in the family?
Which colour is liked by CA?
Read the information given below carefully and answer the questions.
Two buses start from the opposite points of a main road, 150kms apart. The first bus runs for 25 kms and takes a right turn and then runs for 15 kms. It then turns left and runs for another 25kms and takes the direction back to reach the main road. In the meantime, due to minor breakdown, the other bus has run only 35 kms along the main road. What would be the distance between the two buses at this point?
‘G’ H, I, J, K, L, M, N are sitting around a table in the same order for group discussion at equal distances. Their positions are clock wise. If M sits in the north, then what will be the position of J?
Roshan, vaibhav, vinay and sumit are playing cards. Roshan and vaibhav are partners. Sumit faces towards north. If Roshan faces towards west, then who faces towards south?
Five boys are standing in a row facing east. Pavan is to the left of Tavan, vipin, chavan. Tavan vipin, chavan are to the left of Nakul. Chavan is between Tavan and vipin. If vipin is fourth from the left, then how far is Tavan from the right?
One morning after sunrise, Suraj was standing facing a pole. The shadow of the pole fell exactly to his right. Which direction was suraj facing?
Read the information given below to answer the questions.
Diana is three times older than Jackson, Edward is half the age of Stephen. Jackson is older than Edward.
Which one of the following can be inferred?
Which one of the following information will be sufficient to estimate Diana’s age?
Study the sequence/pattern of letters or numbers carefully to work out the pattern on which it is based, and answer what the next item in the sequence must be. For example, the sequence A,C,E, G? has odd numbered letters of alphabet, therefore, the next item must be I.
0, 3, 8, 15 ?
8, 16, 28, 44 ?
0, 6, 24, 60, 120, 210 ?
POQ, SRT, VUW, ?
A1, C3, F6, J10, O15?
Two words, which have a certain relation, are paired. Select a correct option to substitute the question mark so as to make a similar relational pair with the word given after double colon (::)
Bow : Arrow :: Pistol: ?
Eye:Wink :: Heart: ?
Ocean:water :: Glacier: ?
Prima facia : on the first view :: in pari delicto: ?
delusion : hallucination :: chagrin : ?
Each question comprises two statements (numbered as I and II) you have to take the 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 contracts are agreements.
(II) All agreements are accepted offers
Which of the following derivations is correct?
(I) some beautiful women are actresses.
(III) All actresses are good dancers
Which of the following derivations is correct?
Two statements are given below followed by two conclusions (I and II). You have to consider the two statements to be true even if they seem to be at variance with commonly known facts. You have to decide which of the conclusions, if any, follow from the given statements.
Statements: some books are magazines. Some magazines are novels ?
Conclusions: (I) some books are novels.
(II) some novels are magazines.
Statements :all students like excursions. Some students go for higher education.
Conclusions: (I) students who go for higher education also like excursions.
(II) some students do not go for higher education, but like excursions.
Statements: all good hockey players are in the Indian Hockey team. ‘X’ is not a good hockey player.
Conclusions: (I) ‘X’ is not in the Indian hockey team
(II) ‘X’ wants to be in the Indian Hockey team.
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.
India : Tricolour
Statute : Law
Buddhists : pagoda
In each question consist of five statements (a-e) followed by options consisting of three statements put together in a specific order. Choose the option which indicates a valid argument, that is, where the third statement is a conclusion drawn from the preceding two statements.
a. law graduates are in great demand.
b. Rajesh and Krishna are in great demand.
c. Rajesh is in great demand
d. Krishna is in great demand
e. Rajesh and Krishna are law graduates.
Choose the correct option:
a. all captains are great players.
b. some captains are successful sports administrators
c. Ritwik is a great player
d. Ritwik is a captain and successful sports administrator
e. some successful sports administrators are great players.
Choose the correct option:
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 object of this section to test your knowledge of law.
PRINCIPLE: When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal. The expression of willingness/desire results in a valid proposal only when it is made/addressed to some person(s).
FACTS: 'X' makes the following statement in an uninhabited hall: 'I wish to sell my mobile phone for ₹ 1,000.'
Which of the following derivations is CORRECT?
PRINCIPLE: A proposal (offer) should be made with an intention that after its valid acceptance, a legally binding promise or agreement will be created. The test for the determination of such intention is not subjective, rather it is objective. The intention of the parties is to be ascertained from the terms of the agreement and the surrounding circumstances under which such an agreement is entered into. As a general rule, in the case of arrangements regulating social relations, it follows as a matter of course that the parties do not intend legal consequences to follow. On the contrary, as a general rule, in the case of arrangements regulating business affairs, it follows as a matter of course that the parties intend legal consequences to follow. However, the above rules are just presumptive in nature, and hence, can be rebutted.
FACTS: One morning while having breakfast, 'X', the father, says to 'Y' (X's son), in a casual manner, "I shall buy a motorbike for you if you get through the CLAT.'
Which of the following derivations is CORRECT?
PRINCIPLE: Acceptance (of offer) must be communicated by the offeror to the offeror so as to give rise to a binding obligation. The expression 'by the offeror to the offeror' includes communication between their authorised agents.
FACTS: 'X' made an offer to buy Y's property for a stipulate price. Y' accepted it and communicated his acceptance to 'Z', a stranger.
Which of the following derivations is CORRECT?
PRINCIPLE: Acceptance should be made while the offer is still subsisting. The offeror is free to retract his offer at any time before his offer gets accepted by the offeror. Once the offer is withdrawn or is lapsed, it is not open to be accepted so as to give rise to a contract. Similarly, if a time is prescribed within which the offer is to be accepted, then, the offer must be accepted within the prescribed time. And, if no time is prescribed, then, the acceptance must be made within a reasonable time. 'What is a reasonable time', is a question of fact which is to be determined by taking into account all the relevant facts and surrounding circumstances.
FACTS: 'X' makes an offer to 'Y' to sell his equipment for ₹ 1,000.00. No time is specified for the acceptance. 'Y' sends his reply two years after receiving the offer.
Which of the following derivations is CORRECT?
PRINCIPLE: Minor's agreement is void from the very beginning. It can never be validated. It cannot be enforced in the court of law.
FACTS: 'A', a boy of 16 years of age, agrees to buy a camera from 'B', who is a girl of 21 years of age.
Which of the following derivations is CORRECT?
PRINCIPLE: A contract which is duly supported by real and lawful consideration is valid notwithstanding the fact that the consideration is inadequate. The quantum of consideration is for the parties to decide at the time of making a contract, and not for the courts (to decide) when the contract is sought to be enforced. An agreement to which the consent of the promisor is
freely given is not void merely because the consideration is inadequate; but the inadequacy of the consideration may be taken into account by the Court in determining the question whether the consent of the promisor was freely given.
FACTS: 'A' agrees to sell his mobile phone worth ₹ 20,000 for X 100 only to'B'. A's consent is freely given.
Which of the following derivations is CORRECT?
PRINCIPLE: The consideration or object of an agreement is unlawful if it is forbidden by law. Every agreement of which the object or consideration is unlawful is void.
FACTS: 'X', promises to pay 'Y' ₹ 50,000, if he ('Y') commits a crime. 'X' further promises to indemnify him ('Y') against any liability arising thereof. 'Y' agrees to act as per X's promise.
Which of the following derivations is CORRECT?
PRINCIPLE: The consideration or object of an agreement is unlawful if the Court regards it as opposed to public policy. Every agreement of which the object or consideration is unlawful is void.
FACTS: 'X' promises to obtain for 'Y' an employment in the public service; and 'Y' promises to pay ₹ 5, 00,000 to 'X'.
Which of the following derivations is CORRECT?
PRINCIPLE: Two or more persons are said to consent if they agree upon the same thing in the same sense. Consent is said to be free when it is not caused by coercion, or undue influence, or fraud, or misrepresentation, or mistake. When consent to an agreement is caused by coercion, undue influence, fraud or misrepresentation, the agreement is a contract voidable (rescindable or terminable) at the option of the party whose consent was so caused. However, when consent to an agreement is caused by mistake as to a matter of fact essential to the agreement, the agreement is void.
FACTS: 'X threatens to gun down 'Y, if he (Y) does not sell his property worth ₹ 20, 00,000 for ₹1, 00,000 only. As a consequence, 'Y' agrees to sell it as demanded by 'X'.
Which of the following derivations is CORRECT?
PRINCIPLE: Agreements in restraint of marriage are void.
FACTS: 'X' enters into an agreement with 'Y where under he agrees not to marry anybody else other than a person whose name starts with the letter 'A', and promises to pay ₹ 1,00,000 to 'Y' if he ('X') breaks this agreement.
Which of the following derivations is CORRECT?
PRINCIPLE: Vicarious liability is the liability of the Master or Principal for the tort committed by his servant or agent, provided the tort is committed in the course of employment. The Master or Principal is not liable for private wrongs of the servant/agent.
FACTS: 'X' hands over some cash money at his house to 'Y, who is his (X's) neighbour and is also cashier in a bank, to be deposited in A's account in the bank. Instead of depositing the money, 'Y misappropriates it.
Which of the following statements depicts correct legal position in this given situation?
PRINCIPLE: A person has no legal remedy for an injury caused by an act to which he has consented.
FACTS: 'R', a cricket enthusiast, purchases a ticket to watch a T20 match organised by the Indian Premier League (IPL). During the match, a ball struck for six hits 'R' on his body and injures him. He sues IPL for compensation for the medical expenses.
Which of the following derivations is CORRECT?
PRINCIPLE: Ignorance of law excuses no one.
FACTS: 'X' fails to file his income tax returns for a considerable number of years. The Income Tax department serves upon him a 'show-cause notice' as to why proceedings should not be initiated against him for the recovery of the income tax due from him with interest and penalty.
Which of the following derivations is CORRECT?
PRINCIPLE: Damage without the violation of a legal right is not actionable in a court of law. If the interference with the rights of another person is not unlawful or unauthorized, but a necessary consequence of the exercise of defendant's own lawful rights, no action should lie.
FACTS: There was an established school ('ES') in a particular locality. Subsequently, a new school ('NS') was set up in the same locality, which charged lower fees, on account of which people started patronising the new school. Because of the competition, 'ES' had to reduce its fees. 'ES' filed a case against 'NS' saying that 'NS' had caused it ('ES') financial loss and, thus, claimed compensation.
Which of the following derivations is CORRECT?
PRINCIPLE: Whenever there is an invasion of a legal right, the person in whom the right is vested, is entitled to bring an action though he has suffered no actual loss or harm, and may recover damages (compensation).
FACTS: 'A' was a qualified voter for the Lok Sabha election. However, a returning officer wrongfully refused to take A's vote. In spite of such wrongful refusal, the candidate, for whom 'A' wanted to vote, won the election. But, 'A' brought an action for damages:
Which of the following derivations is CORRECT?
PRINCIPLE: In a civil action for defamation, truth of the defamatory matter is an absolute defence. However, the burden of proving truth is on the defendant; and he is liable if he does not successfully discharge this burden.
FACTS: 'D' who was the editor of a local weekly, published a series of articles mentioning that T', who was a government servant, issued false certificates, accepted bribe, adopted corrupt and illegal means to mint money and was a 'mischief monger". 'P' brought a civil action against 'D', who could not prove the facts published by him.
Under the circumstances, which of the following derivations is CORRECT?
PRINCIPLE: A gift comprising both existing and future property is void as to the latter.
FACTS: 'X' has a house which is owned by him. He contracted to purchase a plot of land adjacent to the said house, but the sale (of the plot of land) in his favour is yet to be completed. He makes a gift of both the properties (house and land) to 'Y'.
Under the afore-mentioned circumstances, which of the following derivations is CORRECT?
PRINCIPLE: Caveat emptor, i.e, 'let the buyer beware' stands for the practical skill and judgment of the buyer in his choice of goods for purchase. It is the business of the buyer to judge for himself that what he buys has its use and worth for him. Once bought, and if the buy is not up to his expectations, then he alone is to blame and no one else.
FACTS: For the purpose of making uniform for the employees. 'A' bought dark blue coloured cloth from 'B', but did not disclose to the seller ('B') the specific purpose of the said purchase. When uniforms were prepared and used by the employees, the cloth was found unfit. However, the cloth was fit for a variety of other purposes (such as, making caps, boots and carriage lining, etc.). Applying the afore-stated principle, which of the following derivations is
CORRECT as regards remedy available to 'A' in the given situation?
PRINCIPLE: The transferor of goods cannot pass a better title than what he himself possesses.
FACTS: 'X' sells a stolen bike to 'Y'. 'Y' buys it in good faith. As regards the title to bike,
which of the following derivations is CORRECT?
PRINCIPLE: Negligence is a breach of duty or a failure of one party to exercise the standard of care required by law, resulting in damage to the party to whom the duty was owed. A plaintiff can take civil action against the respondent, if the respondent's negligence causes the plaintiff injury or loss of property.
FACTS: 'V went to a cafe and ordered and paid for a tin/can of soft drink. The tin was opaque, and, therefore, the contents could not be seen from outside. She ('D') consumed some of the contents and then lifted the tin to pour the remainder of the content into a tumbler. The remains of a snail in decomposed state dropped out of the tin into the tumbler. 'D' later complained of a stomach pain and her doctor diagnosed her as having gastroenteritis and being in a state of severe shock. She sued the manufacturer of the drink for negligence. Applying the afore-stated principle, which of the following derivations is
CORRECT as regards liability of the manufacturer in the given situation?
PRINCIPLE: Master is liable for the wrongful acts committed by his servant; provided the acts are committed during the course of employment. However, the master is not liable if the wrongful act committed by his servant has no connection, whatsoever, with the servant's contract of employment.
FACTS: 'D' is a driver employed by 'M', who is the owner of a company. During the lunch time, 'D' goes to a closely tea shop to have a cup of tea. There he ('D') picks up fight with the tea shop owner ('T'), which resulted in some damage to his shop. T wants to sue 'M' for claiming compensation for the damage a used by the fight.
Which of the following derivations is CORRECT?
PRINCIPLE: The Constitution of India guarantees the 'right to life', which means 'right to live with human dignity'. The right to life under the Constitution, however, does not include the right to die.
FACTS: 'M', who is 90, lives all alone as he has no family or children or grandchildren. He suffers from physical and mental distress, as there is no one to look after him. He has little means to foot his medical expenses. Under these circumstances, he approaches the court with a prayer that he should be granted the right to die with dignity because he does not want to be a burden on the society. Further, as it is his life, he has a right to put an end to it.
Which of the following derivations is CORRECT?
PRINCIPLE: Trespass to land means direct interference with the possession of land without lawful justification. Trespass could be committed either by a person himself entering the land of another person or doing the same through some tangible object(s).
FACTS: 'A' throws some stones upon his neighbour's (B's) premises.
Which of the following derivations is CORRECT?
PRINCIPLE: Nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. If the interference is 'direct', the wrong is trespass; whereas, if the interference is 'consequential', it amounts to nuisance.
FACTS: 'A' plants a tree on his land. However, he allows its branches to project over the land of 'B'.
Which of the following derivations is CORRECT?
PRINCIPLE: Interference with another's goods in such a way as to deny the latter's title to the goods amounts to conversion, and thus it is a civil wrong. It is an act intentionally done inconsistent with the owner's right, though the doer may not know of, or intends to challenge the property or possession of the true owner
FACTS: 'R' went to a cycle-stand to park his bicycle. Seeing the stand fully occupied, he removed a few bicycles in order to rearrange a portion of the stand and make some space for his bicycle. He parked his bicycle properly, and put back all the bicycles except the one belonging to 'S'. In fact, 'R' was in a hurry, and therefore, he could not put back S's bicycle. Somebody came on the way and took away S's bicycle. The watchman of the stand did not take care of it assuming that the bicycle was not parked inside the stand. 'S' filed a suit against 'R' for conversion.
Which of the following derivations is CORRECT?
PRINCIPLE: Nothing is an offence which is done by a person who is bound by law to do it.
FACTS: 'A', a police officer, without warrant, apprehends 'Z', who has committed murder.
PRINCIPLE: When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done, by him alone.
FACTS: Roshan along with two of his friends, Tushar and Tarang proceeded to the house of Darshan in order to avenge an insult made by the brother of Darshan. They opened fire on the members of Darshan's family. It was found that the shots of Roshan did not hit anyone, but the shots of Tushar and Tarang succeeded in killing Darshan.
PRINCIPLE: No communication made in good faith is an offence by reason of any harm to the person to whom it is made, if it is made for the benefit of that person.
FACTS: 'A', a surgeon, in good faith, communicates to a patient his opinion that he cannot live. The patient dies in consequence of the shock.
PRINCIPLE: Whoever, being legally bound to furnish information on any subject to any public servant, as such, furnishes, as true, information on the subject which he knows or has reason to believe to be false, has committed a punishable offence of furnishing false information.
FACTS: Sawant, a landholder, knowing of the commission of a murder within the limits of his estate, willfully misinforms the Magistrate of the district that the death has occurred by accident in consequence of the bite of a snake.
PRINCIPLE: Whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be guilty of a negligent act likely to spread infection of disease dangerous to life.
FACTS: 'K', a person, knowing that he is suffering from Cholera, travels by a train without informing the railway officers of his condition.
PRINCIPLE: Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, has committed offence, which shall be punished in accordance with the law.
FACTS: 'X', a truck driver, driving his vehicle rashly and negligently at a high speed climbed the footpath and hit 'Y', a pedestrian, from behind causing his earth.
PRINCIPLE: Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide.
FACTS: 'A' knows Z' to be behind a bush. 'B' does not know it. 'A', intending to cause, or knowing it to be likely to cause Z's death, induces 'B' to fire at the bush. 'B' fires and kills 'Z'.
PRINCIPLE: Whoever, intending to take dishonestly any movable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft.
FACTS: 'Z', going on a journey, entrusts his plate to the possession of 'A', the keeper of a warehouse, till 'Z' shall return. Then, 'A' carries the plate to a goldsmith and sells it.
PRINCIPLE: Whoever makes any false document or part of a document with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.
FACTS: 'A' without Z's authority, affixes Z's seal to a document purporting to be a conveyance of an estate from "Z’ to 'A', with the intention of selling the estate to 'B' and thereby of obtaining from 'B' the purchase-money.
PRINCIPLE: Whoever intentionally uses force to any person, without that person's consent, in order to the committing of any offence, or intending by the use of such force to cause, or knowing it to be likely that by the use of such force he will cause injury, fear or annoyance to the person to whom the force is used, is said to use criminal force to that other.
FACTS: 'Z' is riding in a palanquin. 'A' intending to rob 'Z', seizes the pole and stops the palanquin. Here 'A' has caused cessation of motion to 'Z', and 'A' has done this by his own bodily power.
PRINCIPLE: One of the essential conditions for a marriage between any two persons to be solemnized under the Special Marriage Act, 1954 is that at the time of the marriage the male has completed the age of twenty-one years and the female the age of eighteen years. If the said condition is not fulfilled such a marriage is null and void.
FACTS: 'A', a male aged twenty-two years, proposes to marry 'B', a female aged sixteen years, at Delhi in the month of June 2014 under the Special Marriage Act, 1954.
PRINCIPLE: Under the Hindu Marriage Act, 1955 either the husband or the wife can move a petition for a decree of divorce on the ground of desertion. The term 'desertion' means desertion of the petitioner by the other party to the marriage for a continuous period of not less than two years immediately preceding the presentation of the petition, without reasonable cause and without the consent or against the wish of such party and includes the willful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly. It is also said that desertion is withdrawal not from a place but from a state of things.
FACTS: Rohan, a technocrat, went to US in January 2011 for pursuing his higher studies for a period of three years. In fact, Rohan went to US with the consent of his wife Basanti, who stayed at her parents' home, and with a promise of his return to India upon the completion of his studies. From US he has quite often been in touch with his wife. Subsequently, Rohan has got a job there in US and he wishes to take his wife. She refuses to go to US and, in the meanwhile, she files a petition for a decree of divorce on the ground of desertion by her husband.
PRINCIPLE: Under the Hindu Adoptions and Maintenance Act, 1956, no person shall be capable of being taken in adoption unless he or she is a Hindu, he or she not already been adopted, he or she has not been married, unless there is a custom or usage applicable to the parties which permits persons who are married being taken in adoption, and he or she has not completed the age of fifteen years, unless there is a custom or usage applicable to the parties which permits persons who have completed the age of fifteen years being take in adoption.
FACTS: Vijay being natural father had given Tarun, a boy aged 10 years, in adoption to Manoj in March 2010 in accordance with the Hindu Adoptions and Maintenance Act, 1956. In May 2012 Manoj gave Tarun in adoption to Sanjay. Subsequently in December 2013, Sanjay gave Tarun in adoption to Vijay.
PRINCIPLE: Under copyright law copyright subsists in original literary works also. A literary work need not be of literary quality. Even so prosaic a work as an index of railway stations or a railway guide or a list of stock exchange quotations qualifies as a literary work if sufficient work has been expended in compiling it to give it a new and original character.
FACTS: Michael works hard enough, walking down the streets, taking down the names of people who live at houses and makes a street directory as a result of that labour.
PRINCIPLE: Every person shall be liable to punishment under the Indian Penal Code and not otherwise for every act or omission contrary to the provisions of the Code of which he shall be guilty within the territory of India. In other words, the exercise of criminal jurisdiction depends upon the locality of the offence committed, and not upon the nationality or locality of the offender.
FACTS: 'X'', a Pakistani citizen, while staying at Karachi, made false representations to 'Y', the complainant, at Bombay through letters, telephone calls and telegrams and induced the complainant to part with money amounting to over rupees five lakh to the agents of 'X' at Bombay, so that rice could be shipped from Karachi to India as per agreement. But the rice was never supplied to the complainant.
PRINCIPLE: When two or more persons agree to do, or cause to be done, (1) an illegal act, or (2) an act which is not illegal by illegal means, through such an agreement such persons are said to have been engaged in a criminal conspiracy to commit an offence. It is said that no consummation of the crime need be achieved or even attempted.
FACTS: 'X', 'Y' and 'Z' plan to kill 'D'. They agree that only one among them that is 'Z, will execute the plan. In pursuance of it 'Z buys a gun and loads it.
PRINCIPLE: 'Wrongful gain' is gain by unlawful means of property to which the person gaining is not legally entitled. 'Wrongful loss' is the loss by unlawful means of property to which the person losing it is legally entitled.
FACTS: 'X' takes away Y's watch out of Y's possession, without Y's consent and with the intention of keeping it.
PRINCIPLE: Nothing is an offence by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm.
FACTS: 'X' takes a plain sheet of paper from Y's drawer without Y's consent to write a letter to his friend,
PRINCIPLE: When an act which would otherwise be a certain 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, or by reason of any is conception on the part of that person, every person has the same right of private defence against that act which he would have if the act were that offence.
FACTS: 'X', under the influence of madness, attempts to kill 'Y'.
PRINCIPLE: Where a person fraudulently or erroneously represents that he is authorized to transfer certain immovable property and professes to transfer such property for consideration, such transfer shall, at the option of the transferee, operate on any interest which the transferor may acquire in such property at any time during which the contract of transfer subsists.
FACTS: 'A', a Hindu who has separated from his father 'B', sells to 'C three fields, X, Y and Z, representing that 'A' is authorized to transfer the same. Of these fields Z does not
belong to 'A', it having been retained by 'B' on the partition; but on B's dying 'A' as successor obtains Z, and at that time 'C had not cancelled the contract of sale.
PRINCIPLE: Under the Transfer of Property Act, 1882 a property must be transferred by one living person to another living person. The Act deals only with transfer of property between living persons.
FACTS: 'X' wants to transfer his property to the presiding deity in a temple situated within the estate of 'A'.
PRINCIPLE: Where there is transfer of ownership of one thing for the ownership of some other thing it is called exchange; while transfer of ownership for consideration of money is called sale, whereas, without consideration it becomes gift.
FACTS: 'A' transfers his house worth ₹ 50 Lakhs to 'B' for a shopping building worth the same amount, as consideration, from 'B'.
PRINCIPLE: One of the principles of natural justice Nemo judex in causasua,which means that no one should be a judge in his Own cause. In other words, no person can judge a case in which he has an interest.
FACTS: 'X', a member of the selection board for a government service, was also a candidate for selection for the same service. 'X' did not take part in the deliberations of the board when his name was considered and approved.
PRINCIPLE: Strike is a collective stoppage of work by workmen undertaken in order to bring pressure upon those who depend on the sale or use of the products of work; whereas, lock-out is a weapon in the hands of the employer, similar to that of strike in the armory of workmen, used form compelling persons employed by him to accept his terms or conditions of or affecting employment. While in closure there is permanent closing down of a place of employment or part thereof, in lay-off an employer, who is willing to employ, fails or refuses or is noble to provide employment for reasons beyond his control.
FACTS: Workmen of a textile factory went on strike as per law, demanding the payment of bonus. Employer of the factory refused to pay any extra allowances, including bonus, and besides he closed down the factory till the strike was stopped.
PRINCIPLE: Trade dispute means any dispute between employers and workmen or between workmen and workmen, or between employers and employers which is connected with the employment or non-employment, or the terms of employment or the conditions of labour, of any person. Disputes connected with the nonemployment must be understood to include a dispute connected with a dismissal, discharge, removal or retrenchment of a workman.
FACTS: 'X', an employee in a sugar factory, raised a dispute against 'Y', the employer, through trade union regarding certain matters connected with his suspension from the employment.
