CLAT 2019 UG

Instructions

This section consists of fifty (50) questions. Each question consists of legal principle(s)
(hereinafter referred to as ‗principle‘) and facts. Such proposition may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this section. Principles have to be applied to the given facts to arrive at the most reasonable conclusion. Only one of the alternatives, i.e., (A), (B), (C), or (D) is the most reasonable conclusion. In other words, in answering the following questions, you must not rely on any principle 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 ability in legal aptitude, study of law, research aptitude and problem solving ability even if the ‗most reasonable conclusion‘ arrived at may be absurd or unacceptable for any other reason.

Question 141

Principle:Foreign judgment binds the parties and is conclusive unless it is obtained by fraud.
Facts: A obtains judgment from US court by producing fake documents.

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Question 142

Principle:Decision of Court is Null and Void, if it is given by court which does not have jurisdiction over the subject matter.
Facts: A obtains decision from a court which did not have jurisdiction to deal with the subject matter.

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Question 143

Principle:Civil Suit can be filed where defendant resides or carries on business or where cause of action arises.
Facts: 'A‘ carries on business in Gurgaon, 'B‘ carries on Business in Mumbai. 'B‘ through his agent in Gurgaon purchases goods in Gurgaon and takes delivery through agent in Gurgaon. Where Civil Suit for payment of price can be filed by 'A‘?

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Question 144

Principle:Civil Suit can be filed where defendant resides or carries on business or where cause of action arises.
Facts: An agreement is signed and executed in New Delhi between A and B for supply of goods wherein B is to supply goods to be delivered at New Dehli to client of A. A carries on business at Haryana and B carries on Business in UP. Civil suit by 'B‘ for payment of consideration can be filed against 'A‘ at

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Question 145

Principle:No court can execute the decisions unless it is having territorial jurisdiction over the property or the person against whom decision is to be executed. The Court
which gave the decision can transfer the matter to the court which has the territorial jurisdiction over the person or property.
Facts: A decision is given by court at New Delhi on a contractual matter against X in a suit between X and Y. X is resident of Maharashtra and he has properties in Maharasthra and Gujarat.

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Question 146

Principle:Nothing is an offence by reason of any harm it may cause to another person, if it is done in good faith and for the benefit of that person even without that person‘s
consent.
Facts: A is attacked by a Lion and Lion drags him while he is crying for help. B, a passer by picks up A‘s gun in good faith and fires at Lion which injures A. B has never used the gun before.

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Question 147

Principle:Nothing is an offence if it is done under intoxication and the person commiting the offence was incapable to understand the nature of the Act. Intoxication should
be without knowledge or against the will of the person. Facts: A, B and C were having a party in Bar where A pursuaded B and C to take
alcoholic drinks. On the persistent pursuation B and C also consumed alcohol along with A. B and C had never consumed alcohol before. After intoxiation, there was some argument between B and C where C pushed B with full force causing serious injury to B.

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Question 148

Principle:Everyone has the right of private defence to defend his body and property by use of reasonable force unless that person had time to have recourse to protection of
public authorities.
Facts: X receives information at 5.00 pm that Y along with few friends is planning to burn his crop at midnight which is ready to be harvested. He does not inform the village Police Station which was just one kilometer away. He gathers his family members and directs them to collect some weapons in the form of swords and lathis to protect his field/crop. At around 11.00 pm Y and his aides attack the crop and a severe fight ensues wherein Y is seriously injured

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Question 149

Principle:Anyone who induces or attempts to induce a voter to vote in a particular manner on the ground that the voter will face divine displeasure, shall be guilty of offence of interfering with free exercise of right to vote.
Facts: During election campaign period one candidate X told the voters that if they do not vote for her, voters will be cursed because the election candidate is the God‘s own child and those who do not vote for her, they will not be liked by God.

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Question 150

Principle:Doing of an act which causes common injury, danger or annoyance to public or which is likely to cause such injury or annoyance is Public nuisance. A common nuisance is not excused because it causes some nuisance or advantage.
Facts: ‗A‘ a farmer having large farmlands burns crop residue (stubble) on his fields after harvesting the crop to make the field ready for next crop as this is the easy, fast and convenient method of making the field ready for next crop. His farmlands are adjoining a densely inhabited residential area and people pass through the smoke while travelling on the road adjoining his farmlands. The smoke caused by fire

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