CUET Legal Studies Case Study Based MCQs

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Harm suffered voluntarily does not constitute a legal injury and is not actionable. This principle is embodied in the maxim volenti non fit injuria. A person cannot complain of harm to the chances of which he has exposed himself with his free consent and free will. The maxim volenti non fit injuria is founded on good sense and justice. A person who has invited or assented to an act being done towards him cannot, when he suffers from it, complain of it as a wrong.
The maxim presupposes a tortious act by the defendant. The maxim applies, in the first place, to intentional acts which would otherwise be tortious. There are certain limitations to the application of this maxim:
(i) It is no answer to a claim made by a workman against his employer for injury caused through a breach by the employer of a duty imposed upon him by a statute. But where the negligence or breach of statutory duty is on the part of an employee of the plaintiff who knowingly accepts the risk flowing from such breach and the employer-defendant is not guilty of negligence or breach of statutory duty, the defence of volenti non fit injuria is available to the defendant.
(ii) Under an exigency caused by the defendant’s wrongful misconduct, consciously and deliberately faced a risk, even of death, whether the person endangered is one to whom he owes a duty of protection, as a member of his family, or is a mere stranger to whom he owes no such special duty. The rescuer will not be deprived of his remedy merely because the risk which he runs is not the same as that run by the person whom he rescues. But where there is no need to take any risk, the person suffering harm in doing so cannot recover.
(iii) To cover a case of negligence the defence on the basis of the maxim must be based on implied agreement whether amounting to contract or not. The defence is available only when the plaintiff freely and voluntarily, with full knowledge of the nature and extent of the risk impliedly agreed to incur it and to waive any claim for injury. But when the plaintiff has no choice or when the notice is given at a stage when it is beyond the 115 ability of the plaintiff to make a choice there can be no implied agreement and the defence on the basis of the maxim must fail.
(iv) The maxim will also not apply when the act relied upon is done because of the psychological condition which the defendant’s breach of duty had induced)

Question. Mr. A was the owner of a car and he had a driver- Mr. D. On January 19, 2021, Mr. A and Mr. D were travelling in their car wherein Mr. A got down at a restaurant and told Mr. D to take the car back to Mr. A’s bungalow. Mr. D was filling the petrol tank of the car, and two strangers- Mr. B and Mr. C took a lift from Mr. D in his car. The car went ahead and the right-side front wheel of the car flew away, the car toppled and Mr. D and Mr. C were thrown out. Mr. C sustained severe injuries and ultimately died due to those injuries on January 20, 2021. Mr. B and legal representatives of Mr. C claimed compensation from Mr. A and Mr. D.
a) Mr. D will be liable to pay the compensation.
b) Volenti non fit injuria will be applicable and no compensation can be claimed.
c) Volenti non fit injuria will not be applicable and compensation can be claimed.
d) Mr. A and Mr. D both will be liable to pay the compensation.

Answer : B

Question. Rama was a spectator at a motor car race being held on a track owned by the defendant company. During the race, there was a collision between two cars, one of the cars was thrown among the spectators, thereby injuring Rama severely. Which of the following statements is correct?
a) Rama impliedly took the risk of such injury, the danger being inherent in the sport which any spectator could foresee, the defendant was not liable.
b) It was a negligence on the part of defendant and volenti non fit injuria will be applicable.
c) Rama did not take the risk of such injury, and she only consented to watching the race and hence the defendant was liable.
d) Rama was negligent and hence she suffered injuries.

Answer : A

Question. Which of the following is correct about consent in volenti non fit injuria?
a) Knowledge of the risk does not always amount to consent.
b) Knowledge of a risk does not precede consent.
c) Knowledge of the risk always amounts to consent.
d) Mere perception of the existence of danger amounts to consent.

Answer : A

Question. Lily had placed spring guns in a wood on her ground for the protection of the garden. Karan, with full knowledge that there were spring guns somewhere in the wood, trespassed on the land of Lily and was injured) Which of the following statements is correct?
a) Lily will be liable to pay compensation to Karan.
b) Lily has not committed a tort against Karan by exceeding her right of private defence.
c) Karan’s case does not fall within volenti non fit injuria.
d) Karan had knowledge of the spring guns and wilfully courted the danger himself.

Answer : D

Question. Which of the following is not an element to claim the defence of volenti non fit Injuria?
a) Prior knowledge of the plaintiff about the risk involved)
b) Free consent.
c) Plaintiff is compelled to agree to a risk by the defendant.
d) Voluntary acceptance of the risk by the plaintiff.

Answer : C

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It is essential to the creation of a contract that both parties should agree to the same thing in the same sense. Mutual consent, which should also be a free consent, is the sine qua non of a valid agreement and one of its essential elements is that a thing is understood in the same sense by a party as is understood by the other. Not only consent, but free consent is provided in Section 10 of the Indian Contract Act, 1872 to be necessary to the complete validity of a contract. Consent is free when it works without obstacles to impede its exercise. Where there is no consent or no real and certain object of consent, there can be no contract at all. Where there is consent, but not free consent, there is generally a contract voidable at the option of the party whose consent was not free. A general averment that consent was not freely obtained is not enough, and it is necessary to set up one of the vitiating elements such as fraud which includes, false assertion, active concealment, promise without intention of performing it, any other deceptive act, or any act declared as fraudulent. In order to constitute fraud, the act should have been done by the party to the contract, or by any other person with his connivance, or by his agent and with intent to deceive the other party thereto or his agent, or to induce him to enter into the contract. There is no duty upon parties to speak about facts likely to affect the other party’s consent to the contract and mere silence does not amount to fraud, unless the circumstances of the case show that there is duty to speak, or silence is, in itself equivalent to speech. On the other hand, misrepresentation falls into three categories:

(i) a statement of fact, which if false, would be misrepresentation if the maker believes it to be true, but which is not justified by the information he possesses;
(ii) any breach of duty which gains an advantage to the person committing it by misleading another to his prejudice, there being no intention to deceive; and (iii) causing a party to an agreement to make a mistake as to the substance of the thing which is the subject of the agreement, even though done innocently.

Question. Which of the following statements correctly depicts the essentials of misrepresentation?
a) A misrepresentation is a positive statement of fact, which is made or adopted by a party to a contract and is untrue.
b) Misrepresentation and false representation do not mean the same.
c) If one party has induced the other to enter into a contract by misrepresenting, though innocently, any material fact especially within his own knowledge, the party misled cannot avoid the contract.
d) A misrepresentation is a negative statement of fact, which is made or adopted by a party to a contract and is true.

Answer : A

Question. Consider the statements given below and answer which one correctly describes a fraudulent act.
I. The expression fraud means an intention to deceive, whether it is from any expectation of advantage to the party himself or from ill will towards the other is immaterial.
II. A fraud is an act of deliberate deception with the design of securing something by taking an unfair advantage of another. It is a deception to gain from another’s loss.
III. Fraud arises out of deliberate active role of representator about a fact.
a) (I), (II) are correct
b) (I) is correct
c) (I), (II), (III) are correct
d) (I) and (II) are correct, but (III) is incorrect

Answer : C

Question. Which of the following statements is correct?
a) Fraud is an innocent wrong whereas misrepresentation is an intentional wrong.
b) The principal difference between fraud and misrepresentation is that in the former, the person making the suggestion does not believe it to be true and, in the latter, he believes it to be true.
c) In fraud and misrepresentation both, it is not a misstatement of fact which misleads the promisee.
d) Fraud and misrepresentation both are innocent wrongs.

Answer : B

Question. Mr. A sells a car to Mr. Y, his childhood friend with a knowledge that the car is defective. Before buying the car, Mr. Y says to Mr. A, “If you do not deny it,
I shall assume that the car is perfect”. Mr. A says nothing. In light of the statement, decide the liability of Mr. A
a) A’s silence is equivalent to speech and hence a misrepresentation.
b) A is not liable for fraud, but liable for misrepresentation.
c) A is liable for fraud and misrepresentation both.
d) A’s silence is equivalent to speech and hence a fraud)

Answer : D

Question. In which of the following statements will a contract not be voidable at the option of a party?
a) When a party takes consent by fraud)
b) When a party takes consent by misrepresentation.
c) A contract entered by fraud and misrepresentation is neither void nor voidable.
d) When silence amounts to fraud, but the other party whose consent was taken had discovered the truth or had the means of discovering the truth with ordinary diligence.

Answer : D

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Section 4 of the Indian Contract Act, 1872 reads as follows:
Communication when complete — The communication of a proposal is complete when it comes to the knowledge of the person to whom it is made. The communication of an acceptance is complete, — as against the proposer, when it is put in a course of transmission to him so as to be out of the power of the acceptor; as against the acceptor, when it comes to the knowledge of the proposer. Thus, the provision makes no difference in the position of the offeror. The offeror becomes bound when a properly addressed and adequately stamped letter of acceptance is posted) The acceptor does not become bound by merely posting his acceptance. He becomes bound only when his acceptance comes to the knowledge of the proposer. The contract is concluded at the place from where the proposal is accepted and communication of acceptance is dispatched, i.e., the address at which the proposal was sent. The court at that place would have jurisdiction to entertain a cause of action under the contract. This rule, that the communication of an acceptance is complete as against the proposer when the letter is posted, is probably intended to apply only when the parties are at a distance and they communicate by post. “Where, however, the parties are in each other’s presence or, though separated in space”, they are in direct communication, as, for example, by telephone, no contract will arise until the offeror receives the notification of acceptance.

Question. ‘S’ wanted to purchase shares of a company and communicated his offer to buy shares on March 1, 2021. A letter of allotment of shares addressed to ‘S’, which is an acceptance of the offer to purchase shares, was posted by the company on March 10, 2021, but the letter never reached ‘S’ and was lost in transit. In the given situation, which of the following statements is true?
a) Communication of acceptance is not complete as against ‘S’ and hence, there is no valid contract between ‘S’ and the company.
b) Communication of acceptance is complete as against ‘S’ however not complete as against the company.
c) Communication of acceptance is complete as against the company however not complete as against ‘S’.
d) Communication of acceptance is complete against both ‘S’ as well as the company.

Answer : B

Question. ‘A’, who is in Mumbai, makes an offer for supply of goods to ‘B’, who is in Delhi, via a mobile phone call. During the same call, A’s offer is absolutely and unconditionally accepted by ‘B’. According to the terms agreed between ‘A’ and ‘B’, goods are to be supplied at Pune and payment is to be made electronically. In the given situation, where is the contract concluded?
a) Neither Mumbai, Delhi nor Pune as it is a telephonic contract
b) Pune
c) Delhi
d) Mumbai

Answer : D

Question. ‘X’, who is in Gandhinagar, makes an offer for sale of second-hand luxury car to ‘Y’, who is in Jammu, via an e-mail sent on January 15, 2021 at 2:03 pm. X’s offer is absolutely and unconditionally accepted by ‘Y’ via an e-mail sent on January 15, 2021 at 4:04 pm. The e-mail communicating acceptance is read by ‘X’ on January 15, 2021 at 7:05 pm. In the given situation, when is the contract concluded?
a) As against ‘X’, on January 15, 2021 at 4:04 pm and as against ‘Y’, on January 15, 2021 at 7:05 p.m.
b) As against ‘Y’, on January 15, 2021 at 4:04 pm and as against ‘X’, on January 15, 2021 at 7:05 p.m.
c) January 15, 2021 at 4:04 p.m.
d) January 15, 2021 at 7:05 p.m.

Answer : A

Question. ‘X’, who is in Agra, makes an offer for sale of secondhand luxury car to ‘Y’, who is in Jammu, via an e-mail sent on January 15, 2021 at 2:03 pm. However, the e-mail did not reach ‘Y’ due to some technical error at the server which is located in Delhi. Thereafter, ‘X’ makes a mobile phone call to ‘Y’ on January 15, 2021 at 4:04 pm and makes him the same offer as was made in the e-mail. In the same mobile phone call, the offer is absolutely and unconditionally accepted by ‘Y’ at 4:10 pm. In the given situation, where is the contract concluded?
a) Delhi
b) Jammu
c) Agra
d) Neither Delhi, Jammu nor Agra as it is an electronic contract.

Answer : C

Question. “When the words of acceptance are spoken into the telephone, they are put into the course of transmission to the offerer so as to be beyond the power of the acceptor. The acceptor cannot recall them.” In light of the given proposition, which of the following statements is/are true? I. The communication being instantaneous, the contract immediately arises. II. The communication being instantaneous, the communication of acceptance is immediately complete as against the proposer as well as the acceptor. III. The communication being non-instantaneous, the communication of acceptance is complete as against the acceptor when the words of acceptance are spoken into the telephone. IV. The communication being non-instantaneous, the communication of acceptance is complete as against the proposer when the words of acceptance are spoken into the telephone.
a) Only I
b) I and II
c) III and IV
d) Only II

Answer : B

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It is a well settled principle of contract law that parties cannot by contract exclude the jurisdiction of all courts. Such a contract would constitute an agreement in restraint of legal proceedings and contravene Section 28 of the Indian Contract Act, 1872. However, where parties to a contract confer jurisdiction on one amongst multiple courts having proper jurisdiction, to the exclusion of all other courts, the parties cannot be said to have ousted the jurisdiction of all courts. Such a contract is valid and will bind the parties to a civil action.
Section 28. Agreements in restraint of legal proceedings, void-Every agreement,
(a) by which any party thereto is restricted absolutely from enforcing his rights under or in respect of any contract, by the usual legal proceedings in the ordinary tribunals, or which limits the time within which he may thus enforce his rights; or (b) which extinguishes the rights of any party thereto, or discharges any party thereto, from any liability, under or in respect of any contract on the expiry of a specified period so as to restrict any party from enforcing his rights, is void to the extent. Parties cannot by agreement confer jurisdiction on a court which lacks the jurisdiction to adjudicate. But where several courts would have jurisdiction to try the subject matter of the dispute, they can stipulate that a suit be brought exclusively before one of the several courts, to the exclusion of the others.

Question. ‘A’, a resident of Mumbai, and ‘B’, a resident of Delhi, enter into an agreement for sale and supply of goods. The transaction takes place partly in Mumbai and partly in Delhi. There is a clause in the agreement which stipulates that in the event of a dispute between ‘A’ and ‘B’, the courts in Kolkata would have exclusive jurisdiction to decide the dispute. ‘A’ and ‘B’ agreed to the said clause in order to avoid dispute over choice between the two proper places of jurisdiction- Mumbai and Delhi. In the given situation, which of the following statements is true?
a) The clause relating to jurisdiction is in restraint of legal proceedings.
b) The clause relating to jurisdiction is not in restraint of legal proceedings.
c) The clause relating to jurisdiction is valid as ‘A’ and ‘B’ have mutually agreed to the same.
d) The clause relating to jurisdiction is valid as its object is lawful.

Answer : A

Question. ‘A’, a resident of Chennai, and ‘B’, a resident of Bengaluru, enter into an agreement for sale and supply of goods. The transaction takes place partly in Chennai and partly in Bengaluru. There is a clause in the agreement which stipulates that in the event of a dispute between ‘A’ and ‘B’, the courts in Chennai would have exclusive jurisdiction to decide the dispute. ‘A’ and ‘B’ agreed to the said clause in order to avoid dispute over choice between the two proper places of jurisdiction- Chennai and Bengaluru. In the given situation, which of the following statements is true?
a) The clause relating to jurisdiction is in restraint of legal proceedings.
b) The clause relating to jurisdiction is void.
c) The clause relating to jurisdiction is valid as ‘A’ and ‘B’ have mutually agreed to the same.
d) The clause relating to jurisdiction is valid as courts in Chennai have jurisdiction to decide the dispute.

Answer : D

Question. ‘A’, a resident of Agra, and ‘B’, a resident of Bhubaneswar, enter into an agreement for sale and supply of goods. The transaction takes place partly in Agra and partly in Bhubaneswar. There is a clause in the agreement which stipulates that in the event of a dispute between ‘A’ and ‘B’, neither of them can approach the court of law or take recourse to any alternative dispute resolution mechanism to settle the dispute. In the given situation, which of the following statements is true?
a) The clause relating to jurisdiction is not valid as it is in restraint of legal proceedings.
b) The clause relating to jurisdiction is not valid as the clause is vague and ambiguous.
c) The clause relating to jurisdiction is valid as they have not restricted the choice of either party regarding choice of jurisdiction.
d) The clause relating to jurisdiction is valid as no court’s has been ousted by the clause.

Answer : A

Question. ‘A’, a resident of Ahmedabad, and ‘B’, a resident of Ranchi, enter into an agreement for sale and supply of goods. The transaction takes place partly in Ahmedabad and partly in Ranchi. Clause 6 of the agreement stipulates that in the event of a dispute arising between ‘A’ and ‘B’ within six months of the entering into contract, they can approach a court in either Ahmedabad or Ranchi (as both are proper places of jurisdiction), or take recourse to any alternative dispute resolution mechanism to settle the dispute. Clause 7 of the agreement stipulates that in the event of a dispute arising between ‘A’ and ‘B’ after the expiry of six months of entering into contract, the courts in Chennai would have exclusive jurisdiction to decide the dispute. In the given situation, which of the following statements is true?
a) Clause 6 is void and Clause 7 is valid.
b) Clause 6 is valid and Clause 7 is void.
c) Both Clause 6 and Clause 7 are valid.
d) Both Clause 6 and Clause 7 are void.

Answer : D

Question. According to the given passage, which of the following statements is true?
a) Parties cannot by contract make a choice of jurisdiction.
b) Parties cannot by contract exclude the jurisdiction of all courts.
c) Parties can by contract confer jurisdiction on any court.
d) Parties can by contract extinguish their rights under any contract.

Answer : B

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The doctrine of res judicata requires that a party should not be allowed to file same matter repeatedly against the other party either in the same court or in other competent court and that the decision given by one court should be accepted as final subject to any appeal, revision or review. The doctrine is founded on the principle that it is in the interest of the public at large that a finality should be attached to the binding decisions pronounced by courts of competent jurisdiction, and it is also in the public interest that individuals should not be vexed twice over with the same kind of litigation. This apart, the object of the doctrine is to ensure that ultimately there should be an end to litigation. Doctrine of res judicata is embodied in Section 11 of the Code of Civil Procedure, 1908 which governs the procedure to be followed in civil matters. Section 11 is inapplicable to writ jurisdictions. The Supreme Court has observed that though the rule is technical in nature yet the general doctrine of res judicata is based on public policy and therefore, it cannot be treated as irrelevant or inadmissible even in dealing with fundamental rights in petitions filed under Article 32 of the Constitution of India. The court observed that if a writ petition filed by a party under Article 226 of the Constitution of India is considered on merits as a contested matter and is dismissed, the decision thus pronounced would continue to bind the parties unless it is otherwise modified or reversed in appeal or other appropriate proceedings permissible under the Constitution of India. It would not be open to a party to ignore the judgment of the High Court and move Supreme Court under Article 32 by an original petition made on the same facts and for obtaining the same or similar orders or writs. If the petition filed in the High Court under Article 226 is dismissed but not on the merits, then the dismissal of the writ petition would not constitute a bar to a subsequent petition under Article 32, however if the petition is dismissed without passing a speaking order, then such dismissal cannot be treated as creating a bar of res judicata.

Question. Which of the following is res judicata applicable to?
a) Civil suits
b) Writ petitions
c) None of the above
d) Both (A) and (B)

Answer : D

Question. Doctrine of res judicata is applicable to writs if
a) The decision is on merits
b) Order is a speaking order
c) Both (A) and (B)
d) Neither (A) nor (B)

Answer : C

Question. On which of the following is the doctrine of res judicata based?
a) No one should be vexed twice for the same cause more than once.
b) It is in the interest of public that finality should be attached to the decisions of courts.
c) There should be an end to litigation.
d) All of these.

Answer : D

Question. Which of the following is correct?
a) If a writ petition is filed under Article 226 of the Constitution of India and the same is rejected on merits by a speaking order, another petition under Article 32 of the Constitution of India is not maintainable being barred by res judicata.
b) The doctrine of res judicata is founded on the principle that it is in the interest of the public at large that a finality should be attached to the binding decisions pronounced by courts of competent jurisdiction.
c) Technical rule of res judicata only prevents multiple filing of petitions under Article 226 of the Constitution of India between same parties over the same matter and is not applicable to petition under Article 32 of the Constitution of India.
d) Both (A) and (B)

Answer : D

Question. Mr. X was dismissed from service by his employer after a proper enquiry. Mr. X challenged his dismissal in High Court by a petition under Article 226 of the Constitution of India. However, the High Court dismissed the petition citing that Mr. X has an alternative remedy available. Mr. X took recourse to the alternative remedy before the appropriate forum, but Mr. X’s legal action is opposed by the employer on the basis of res judicata. Based on these facts, which of the following is the most appropriate?
a) Res judicata is applicable.
b) Res judicata is not applicable.
c) Since the matter relates to livelihood and life of the person, technical rule of res judicata should not be applied)
d) Both (B) and (C)

Answer : B

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Compassionate appointment is an exception to the general rule of appointment which is a way of providing employment to the family of the deceased employee on compassionate grounds. The objective is only to provide solace and succour to the family in difficult times and, thus, its relevancy is at that stage of time when the employee passes away. The mere death of an employee in harness does not entitle his family to such source of livelihood) The authority concerned has to examine the financial condition of the family of the deceased, and it is only if it is satisfied that, but for the provision of employment, the family will not be able to meet the crisis that the job is offered to the eligible member of the family. It was further asseverated in the said judgment that compassionate employment cannot be granted after a lapse of reasonable period as the consideration of such employment is not a vested right which can be exercised at any time in the future. It was further held that the object of compassionate appointment is to enable the family to get over the financial crisis that it faces at the time of the death of sole breadwinner. Thus, compassionate appointment cannot be claimed or offered after a significant lapse of time and after the crisis is over.

Question. Which of the following correctly states the intent behind the application of compassionate appointment?
a) The norms, at the time of death of the government employee will be applicable and not the norms at the time of making an application.
b) A dependent of a government employee cannot demand consideration of his/her application.
c) The norms of the governmental or public authorities are not considered while applying for compassionate appointment.
d) The norms prevailing on the date of consideration of the application should be the basis for consideration of claim for compassionate appointment.

Answer : D

Question. Which of the following is not correct about the rule of compassionate appointment?
a) Compassionate appointment is given to the family members of the deceased irrespective of their financial status.
b) It is to mitigate the hardship caused to the family members after the death of earning member of the family.
c) Compassionate appointment cannot be granted as a matter of vested right.
d) Compassionate appointment cannot be made in the absence of rules and regulations issued by the government or a public authority.

Answer : A

Question. Mr. Y, son of Mr. X, made a representation before ABC government company on January 4, 2018 that he should be given appointment on compassionate grounds as his father died during his employment in the company in 2000. Consider the given facts and decide whether Mr. Y is entitled to get compassionate appointment.
a) Mr. Y is entitled to get compassionate appointment.
b) Mr. Y is not entitled for compassionate appointment as a long period has elapsed since the death of his father.
c) Mr. Y is entitled to get compassionate appointment depending on policy of the company in which his father was working.
d) Mr. Y is not entitled to get compassionate appointment as it is the discretion of the company to refuse the said appointment.

Answer : B

Question. The Government of ‘N’ formulated a scheme for providing compassionate appointment to the dependants of government servants who retired on medical invalidation. By a further notification, the benefit of the scheme was restricted to cases where the government servants retired on medical invalidation, at least five years before attaining the age of superannuation. Consider the given facts, and decide which of the following is correct in relation to the validity of this rule of compassionate appointment?
a) The scheme is valid subject to the approval of the dependents.
b) The scheme is not valid as the offer of compassionate appointment to the dependent of a government servant who is medically invalidated is not an exception to the general rule.
c) The scheme is not valid as it is unconstitutional.
d) The scheme is valid as it is not arbitrary and the government has the right to formulate such rules.

Answer : D

Question. Which of the following is not correct regarding the nature of appointment on compassionate grounds?
a) A request for compassionate appointment by the dependent relatives of the deceased must be preferred without any undue delay.
b) The general rule of appointment may not be always applicable to compassionate appointments.
c) The immediacy of the need is not the basis for the state to allow the benefit of compassionate
d) It is a benefit given to the family members at the time of distress.

Answer : C

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Marriage is necessarily the basis of social organisation and the foundation of important legal rights and obligations. The importance and imperative character of the institution of marriage needs no comment. In Hindu law, marriage is treated as a Samskara or a sacrament. The Hindu Marriage Act, 1955 introduced monogamy as a law of marriage among Hindus by virtue of Section 5 clause (i) which is essentially the voluntary union for life of one man with one woman to the exclusion of all others. It enacts, “neither party must have a spouse living at the time of marriage”. The expression ‘spouse’ here used, means a lawfully married husband or wife. Before a valid marriage can be solemnised, both parties to such marriage must be either single or divorced or a widow or a widower and only then they are competent to enter into a valid marriage. If at the time of performance of the marriage rites and ceremonies, one or other of the parties had a spouse living and the earlier marriage had not already been set aside, the later marriage is no marriage at all. The Supreme Court in Bhaurao Shankar Lokhande v. State of Maharashtra, [AIR 1965 SC 1564] held, “Prima facie, the expression ‘whoever marries’ in Section 494 of the Indian Penal Code, 1860 (which defines the offence of bigamy) must mean ‘whoever marries validly’ or ‘whoever marries and whose marriage is a valid one’. If marriage is not valid according to the law applicable to the parties, no question arises of its being void by reason of its taking place during the life of the husband or wife of the person marrying. One of the conditions of a valid marriage under the Hindu Marriage Act, 1955 is that it must be ‘solemnised’. Further, Section 13 (2) of the Act provides for grounds of divorce to wife and states, “A wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground that in the case of any marriage solemnized before the commencement of this Act, that the husband had married again before such commencement or that any other wife of the husband married before such commencement was alive at the time of the solemnization of the marriage of the petitioner: Provided that in either case the other wife is alive at the time of the presentation of the petition”.

Question. Mr. A, a 40-year old male Hindu, was married to Ms. B, a 36-year old female Hindu. Mr. A fell in love with his colleague- Ms. C, a 22-year old female Christian. On April 8, 2020, Mr. A declared Ms. C as his wife in front of all his colleagues, family members and relatives. Based on the given facts, decide the liability of Mr. A as per Hindu law.
a) Mr. A is not liable for the offence of bigamy as Ms. C is a Christian.
b) Mr. A is liable for the offence of bigamy as mere declaration also amounts to solemnisation.
c) Mr. A is not liable for the offence of bigamy as he has not solemnised his marriage with Ms. C.
d) Mr. A is liable for the offence of bigamy as there was no intention to marry.

Answer : C

Question. Which of the following statements correctly expresses the interpretation of the word ‘solemnise’ under Hindu law?
a) Solemnisation means celebrating the marriage with proper customary rites and ceremonies of either party to a marriage.
b) Solemnisation includes and means promising each other a lifetime of happiness.
c) Solemnisation is not necessary in modern marriages when registration of marriage is complete.
d) Solemnisation is a mere formal practice and not a mandate.

Answer : A

Question. Which of the following is not correct regarding the law of monogamy among Hindus?
a) Monogamy is a union of a man and woman which provides their relation a social and legal recognition.
b) Monogamy as a law was abolished after 1955.
c) The second marriage during the subsistence of a first valid marriage is void)
d) If a husband solemnises a second marriage during the subsistence of first marriage, it is not an offence, however, it is an offence if a wife commits the same act.

Answer : B

Question. On the basis of Section 13 of the Hindu Marriage Act, 1955, which of the following statements does not relate to the remedy?
a) The object of the Section was to provide an opportunity to the wife in the form of remedy of divorce.
b) The introduction of this ground of divorce is unnecessary as it disturbs the sanctity of marital institution.
c) A remedy is only available under this Section if the husband has the other wife living.
d) The living status of either spouse is immaterial to claim the remedy.

Answer : B

Question. Mr. P, a 28-year old male Hindu was legally married to Ms. Q, a 26-year old female Hindu. Mr. P converts to Islam to marry Ms. N, a 30-year old Sunni female Muslim. Consider the statement and decide whether Ms. Q has the remedy to file a complaint for the offence of bigamy against Mr. P?
a) Yes, Ms. Q can file a complaint subject to the approval by Ms. N.
b) No, Ms. Q cannot file a complaint as it defeats the very purpose of her marriage with Mr. P.
c) No, Ms. Q cannot file a complaint as Mr. P converted to another religion and the offence of bigamy will only be attracted when the parties are Hindus.
d) Yes, Ms. Q has the remedy of filing a complaint for the offence of bigamy.

Answer : D

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The Indian Penal Code, 1860 does not define ‘consent’ in positive terms, but what cannot be regarded as ‘consent’ under the Code is explained by Section 90. Section 90 reads as follows: “90. Consent known to be given under fear or misconception - A consent is not such a consent as is intended by any section of this Code, if the consent is given by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception;…” Consent given firstly under fear of injury and secondly under a misconception of fact is not ‘consent’ at all. That is what is enjoined by the first part of Section 90. These two grounds specified in Section 90 are analogous to coercion and mistake of fact which are the familiar grounds that can vitiate a transaction under the jurisprudence of our country as well as other countries. The factors set out in the first part of Section 90 are from the point of view of the victim. The second part of Section 90 enacts the corresponding provision from the point of view of the accused) It envisages that the accused too has knowledge or has reason to believe that the consent was given by the victim in consequence of fear of injury or misconception of fact. Thus, the second part lays emphasis on the knowledge or reasonable belief of the person who obtains the tainted consent. The requirements of both the parts should be cumulatively satisfied) In other words, the court has to see whether the person giving the consent had given it under fear of injury or misconception of fact and the court should also be satisfied that the person doing the act i.e., the alleged offender, is conscious of the fact or should have reason to think that but for the fear or misconception, the consent would not have been given. This is the scheme of Section 90 which is couched in negative terminology. Section 90 cannot, however, be construed as an exhaustive definition of consent for the purposes of the Indian Penal Code, 1860. The normal connotation and concept of ‘consent’ is not intended to be excluded) Various decisions of the High Court and of Supreme Court have not merely gone by the language of Section 90, but travelled a wider field, guided by the etymology of the word ‘consent’.

Question. ‘A’, a man, promises ‘B’, a woman that he will marry her if she has sexual intercourse with him. ‘B’ agrees, but after having sexual intercourse, ‘A’ flees and never contacts ‘B’ again. In the given situation, which statement is true?
a) Consent for sexual intercourse was given under misconception of fact.
b) Consent for sexual intercourse was given under fear of injury.
c) Consent for sexual intercourse was given under undue influence.
d) Consent for sexual intercourse was given without any misconception or fear of injury.

Answer : A

Question. According to the given passage, a person is said to ‘consent’ to the doing of an act if
a) A person agrees to do an act without misconception of fact or fear of injury.
b) The person to whom agreement is signified has no reason to believe that the agreement is being given under misconception of fact or fear of injury.
c) A person agrees to do an act without misconception of fact or fear of injury and the person to whom agreement is signified has no reason to believe that the agreement is being given under misconception of fact or fear of injury.
d) A person agrees to do an act without having regard to the consequences of fear of injury or misconception of fact.

Answer : C

Question. According to your understanding of the given passage, why is negative terminology used to explain themeaning of consent under Section 90?
a) To emphasise on the factors that vitiate consent.
b) To emphasise on the point of view of victim or the person who gives consent.
c) To emphasise on the point of view of the person who receives consent.
d) To emphasise on the non-exhaustive scope of definition of consent.

Answer : D

Question. ‘X’, a man, promises ‘Y’, a woman that he will marry her if she has sexual intercourse with him. ‘Y’ agrees and they have sexual intercourse. Thereafter, ‘X’ assures ‘Y’ that they will get married, but X’s family is opposed to the marriage even after X’s attempts to convince them. Therefore, ‘X’ refuses to marry ‘Y’. In the given situation, which statement is true?
a) Consent for sexual intercourse was received knowing that the consent is given under misconception of fact.
b) Consent for sexual intercourse was given without any misconception of fact or fear of injury.
c) Consent for sexual intercourse was received knowing that the consent is given under fear of injury.
d) Consent for sexual intercourse was given under misconception of fact and received misconception of fact.

Answer : B

Question. According to the given passage, which of the following statements is not true?
a) Misconception of fact vitiates consent.
b) Fear of injury vitiates consent.
c) Misconception of fact obviates the necessity of consent.
d) Fear of injury is analogous to coercion.

Answer : C

Read the case study carefully and answer these questions:

The COVID-19 pandemic has taken the entire world hostage in less than four months, and the global economy has been hit the hardest with governments across the globe implementing stringent policies including lockdown to control the coronavirus outbreak. The pandemic today presents unprecedented challenges and impediments to businesses in conducting their normal operations. The lockdown across the world has caused delays in the performance of contracts and transactions. Now, the question that arises is whether the current situation can enable parties to a contract to alter their obligations with non-compliance of terms neither being regarded as a “default committed by any party” nor a “breach of contract”? There are certain well-accepted practices for dealing with such extraordinary situations in commercial transactions by the inclusion of force majeure & material adverse effect (MAE) clauses. Determination of the types of circumstances so covered by the force majeure clause contained in a contract is essential. Provisions of force majeure often cover natural disasters like hurricanes, floods, and earthquakes as “acts of God)” Other covered events may include war, terrorism, civil disorder, fire, disease medical epidemics or by reasons of applicable laws or regulations. Broadly, the Courts have interpreted the term “Force Majeure” as an event that can neither be anticipated nor controlled by either of the contracting parties. A force majeure clause applies in the context of ongoing contractual arrangements, whereas, an MAE or material adverse change (MAC) clause applies to the allocation of risk in transactions before their closure or completion. Pandemic and related consequences such as government action is a type of event covered by a force majeure clause, however, its impact on the affected party’s ability to perform its contractual obligations may vary depending upon contractual terms. It is common for force majeure clauses to specify the impact that the event or circumstances in question must have, in order for the clause to be triggered) References may be made, for example, to the event or circumstances having “prevented”, “hindered” or “delayed” performance. These terms require different levels of impact on performance before a party can claim recourse to these clauses. In other words, the force majeure and MAC clauses act as an exception to what would otherwise be treated as a breach of contract. Certain contracts may state that, if a force majeure clause is applied, the contract may automatically be terminated) On the other hand, some contracts may even state that the duty to fulfil the contractual obligation may be suspended for a certain period of time and if the force majeure event is not curbed or treated even after such time, then eventually the contract may be terminated) Though there cannot be a one-size-fitsall solution to this question, and it depends upon how the force majeure clause is worded in a specific contract; and in the absence of the same, applicable laws related to the same will be required to be taken into consideration.

Question. Based on the Author’s argument in passage above, which of the following is correct?
a) Force Majeure Clauses, generally have a uniform impact on the performance of Contracts in all the cases.
b) The Impact on the performance of Contracts by the usage of Force Majeure Clauses is dependent upon the way such clauses have been constructed in a particular Contract.
c) Both Force Majeure and Material Adverse Change Clauses have similar impact on the performance of Contracts.
d) All of the above.

Answer : B

Question. Imagine, there is a domestic commercial Contract for supply of certain goods for certain price between A and b) However, in pursuance of the same, both A and B forget to negotiate and agree on the terms of a Force Majeure event and the Contractual document does not contain the Force Majeure clause. In such a situation, what would be the fate of the Contract in the event like that of COVID 19?
a) As the parties did not negotiate on the Force Majeure Clause, either of them cannot take an exception to the Breach of Contract.
b) The parties can invoke the Material Adverse Change Clause.
c) In absence of such clauses in the Contract, the Courts may resort to the applicable law, i.e., the Indian Contract Act, 1872 to give relief to the parties.
d) None of the above.

Answer : C

Question. In the same fact situation as mentioned above with a modification that there is a Force Majeure Clause in the Contract between A and B, let us suppose, that B, who was to supply goods to A on certain date and time, faced issues in relation to procurement of goods due to mill strike and also because of rise in prices of goods. In this case, can B claim the suspension of performance of Contract on the basis of the Force Majeure Clause?
a) Yes, B can, depending upon the way, the Force Majeure Clause is worded.
b) Such situation cannot be covered under Force Majeure as it is just a case of disappointed expectations and hence B cannot invoke the clause. It is merely a case of commercial hardship.
c) B can invoke the Force Majeure clause as the clause is too broad to cover such situations.
d) None of the above.

Answer : B

Question. Typically, the MAE (Material Adverse Change) provision in an agreement contemplates events which if they occur, or are likely occur, would have a materially adverse change or effect on the assets, business, property, liabilities, financial condition, results, operations of the target or that affects the ability of the transacting parties to consummate the transaction or the validity or enforceability of the transacting parties to its rights and remedies under the transaction documents . Which of the following sample clauses in a contract resembles an MAE clause?
a) “In the event either party is unable to perform its obligations under the terms of this agreement because of Act of God, strikes, equipment of transmission failure or damage reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform…”
b) “Except with respect to payment obligations under this agreement, no party shall be liable for, nor such party shall be considered in breach of this agreement due to, any failure to perform its obligations under this agreement as a result of cause beyond its control, including any earthquake, labour problem, unavailability of supplies…”
c) Both of the above.
d) None of the above.

Answer : D

Read the case study carefully and answer these questions:

The issue of Obscenity has vexed the Courts in India and abroad for a long time now. The intriguing question has always been the same, i.e., what should be the standards to qualify something as obscene in the eyes of law? In the United Kingdom, way back in 1868, the Court laid down the Hicklin test in Regina v. Hicklin (1868 L.R. 2 Q.B. 360), and held that: “The test of Obscenity is whether the tendency of the matter charged as Obscenity is to deprave and corrupt those whose minds are open to such immoral influences and into whose hands a publication of this sort may fall.” Hicklin test postulated that a publication has to be judged for obscenity based on isolated passages of a work considered out of context and judged by their apparent influence on most susceptible readers, such as children or weak-minded adults. However, this test was later rejected by most of the jurisdictions. There were many judgments where it was stipulated by the Indian Courts that, Obscenity has to be judged in the context of contemporary social mores, current socio-moral attitude of the community and the prevalent norms of acceptability/ susceptibility of the community, in relation to matters in issue. [For example, in Ranjit D. Udeshi v. State of Maharashtra AIR 1965 SC 881; Chandrakant Kalyandas Kakodar v. State of Maharashtra 1969 (2) SCC 687 etc.] These judgements indicated that the concept of Obscenity would change with the passage of time and what might have been “obscene” at one point of time would not be considered as obscene at a later period. This came to be known as “Community Standards Test”. In Bobby Art International & Ors. v. Om Pal Singh Hoon (1996) 4 SCC 1, the Court, upholding the Community standards test held that, complete message and context of the objectionable scene/firm/picture etc., needs to be examined in order to find out whether the alleged material is obscene or not.

Question. A, daily local newspaper called ‘Ramanand Bazar Patrika’ having wide circulation in Anandnagar published, on 1st July, 2019, an article with a picture of Boris Becker, a world renowned Tennis player, posing nude with his dark-skinned fiancee by name Barbara Feltus, a film actress, which was photographed by none other than her father. The article states that, in an interview, both Boris Becker and Barbara Feltus spoke freely about their engagement, their lives and future plans and the message they wanted to convey to the people at large, for posing to such a photograph. Article picturises Boris Becker as a strident protester of the pernicious practice of “Apartheid”. Further, it was stated that the purpose of the photograph was also to signify that love champions over hatred. Will the alleged picture classify as an Obscene Material in India?
a) No, according to the Hicklin Test, it will not classify as Obscene.
b) Yes, according to the Community Standards Test, the picture will classify as Obscene.
c) No, according to the Community Standards Test, the picture will not classify as Obscene.
d) Both (A) and (C).

Answer : C

Question. The difference between Hicklin Test and Community Standards Test is:
a) The former focuses on the susceptibility of the minds of individuals to get corrupted while the later hinges upon the context, intended meaning and contemporaneous socio-cultural environment of the society.
b) As per Hicklin Test, a nude picture of a women per se can be obscene while as per the later, the picture should be suggestive of deprave mind and designed to excite sexual passion in persons who are likely to see it.
c) The former considers Obscenity as a changing concept with changing times while the later does not.
d) All of the above.

Answer : A

Question. The issue of ‘Obscenity’ is fundamentally related with which of the following?
a) Freedom of Religion of an individual.
b) Freedom of Speech and Expression of an individual.
c) Right to Privacy of an individual.
d) All of the above.

Answer : B

Question. Consider the following situations. Choose the correct option as per the Hicklin’s Test.
1. A Movie scene where there are rows of Jewish naked men and women, shown frontally, being led into the Gas Chambers of Nazi Concentration Camp. Not only they are about to die but they are stripped off their basic dignity in the last moments of their life.
2. The controversial movie scene of Phoolan Devi, the Bandit queen where she is paraded naked and made to draw water from the well within the circle of a hundred men.
a) 1 is Obscene but 2 is not.
b) 2 is Obscene but 1 is not.
c) Both 1 and 2 are Obscene.
d) Neither 1 and 2 are Obscene.

Answer : C

Question. An activist, while being semi-nude, allowed her body to be used as a canvas to paint on by her two minor children who were properly clothed. She uploaded this video of hers on an online platform with a message that she intended to normalise the female form for her children and not allow distorted ideas about sexuality to pervade their mind. An advocate who sees the video, registers a case of Obscenity against her. Is it a case of Obscenity as per the Community Standards Test?
a) This is a pure case of Obscenity and she is spreading it.
b) This is a pure case of Obscenity as well as Child Pornography as her children were exposed to her nudity.
c) This is not a case of Obscenity because as per the Community Standards Test the video must not be seen in isolation but in the contextual set up of the message that the activist has put on normalisation of a female’s sexuality.
d) This is a case of Obscenity as per the Community Standards Test as the video was blatantly obscene.

Answer : C

Read the case study carefully and answer these questions:

On 7th May 2020, a major leakage of Styrene gas was reported from the plastics-manufacturing plant ‘LG Polymers’ located on the outskirts of the Visakhapatnam city. The accident took place when the cooling system of a polymers plant got clogged due to the mismanagement of factory workers and resulted in turning the city into a gas chamber. The gas which leaked was styrene gas, which is a ‘hazardous chemical’ under Rule 2(e) plus Entry 583 of Schedule I of the Manufacture, Storage and Import of Hazardous Chemical Rules 1989. Principle 1: Polluter Pays Principle The ‘Doctrine of Polluter Pays’ is a well-established principle of environmental law, which places an obligation of compensating the damage to the people who ought to reimburse it and also have the capacity to disburse it. The principle explicitly affirms that the person who damages or destructs the environment has the absolute obligation to bear the cost of ameliorating the environment. In Enviro Legal Action v. Union of India case, the Apex Court of India held that the polluter is legally responsible to reimburse the individual sufferers as well as pay for the revitalization of the damaged environment. Principle 2: Principle of Strict Liability The principle of Strict Liability was established in the year 1868 in the case of Rylands v. Fletcher, where the Court held that any person who uses his/her land in an ‘unnatural manner’ and who keeps any ‘hazardous substance’ on such premises would be held liable under the principle of strict liability for any ‘damage’ occurred on the ‘escape’ of such perilous substance. However, the person is liable only when there is non-natural use of land; the principle also restricts liability when the escape is due to an act of strangers, Act of God, for example a natural calamity; due to the person injured or when it happens with the consent of the person injured or with statutory authority. Principle 3: Principle of Absolute Liability The absolute liability is a stringent form of Strict Liability as it is devoid of any exceptions that were mentioned under the earlier principle, for the first time in the case of M.C. Mehta v. Union of India. This principle implies that whenever an enterprise is engaged in any dangerous or hazardous activity that threatens the people working in the enterprise and those living nearby, it owes an absolute and non-delegable duty to the community that no harm will be caused. If harm is indeed caused, the enterprise will have to compensate for damages, and can’t use exceptions provided in the case of strict liability. The enterprise can’t claim that the harm has not been caused due to negligence (absence of due care) or that it had taken all reasonable precautions.

Question. Under which of the following principles, will the company LG Polymers be liable?
a) Polluter Pays Principle
b) Strict Liability
c) Absolute Liability
d) All of the above

Answer : D

Question. As per the Polluter Pays Principle, LG Polymers will be liable to pay:
a) Amount of Money for restoration of environment only.
b) Amount of Money for restoration of environment and compensation to Individuals who suffered the loss.
c) Compensation to the victims.
d) None of the above.

Answer : B

Question. A company ABC limited operates an industrial chemical plant in the city of Azadnagar. Due to an earthquake on July 22, 2020, the valves of the reactors in the plant get damaged due to which the operators could not properly transport the hazardous gas for chemical vaporisation, resulting in the gas leakage. The gas leakage resulted in the death of 12 workers of the plant and also some people living nearby the Plant. In this situation, in order to decipher the liability of ABC Limited, choose the best option:
a) ABC Limited can be held liable under the principles of Strict and Absolute Liability and Polluter pays principle as well.
b) ABC Limited can be held liable under the Polluter Pays Principle and the Principle of Absolute Liability, but can be exempted under the rule of Strict Liability.
c) ABC Limited will not be held liable under any of the Principles.
d) ABC Limited will be held liable under Strict and Absolute Liability principles but the Principle of Polluter Pays will not be applicable to this situation.

Answer : B

Question. The argument of LG Polymers that, they did not know that the Styrene Gas could leak:
a) is a strong argument and can reduce their liability under the Polluter Pays Principle.
b) is a strong argument and can reduce their liability under the Strict Liability Principle.
c) is a weak argument and will not help in reducing the liability of LG Polymers under any of the principles.
d) is a weak argument but may help in reducing their liability under the Strict Liability Principle.

Answer : C

Question. XYZ is a company operating a Pesticide Factory in the city of Rampur. On one day, due to the negligence of Factory staff, there is a leakage of the Pesticide gas as a result of which, many pests and insects which feed on the plantation crops in the nearby farm are killed. There is no harm caused to the people living nearby or the workers of the Pesticide Factory. However, the leakage was so humungous that it reduced the quality of air in the city causing breathing problems for the people living around in the area. In this case,
a) XYZ will be absolutely liable but not strictly liable.
b) XYZ will not be liable under the Strict and Absolute liability principles because the leakage only killed the pests and insects.
c) XYZ’s liability under the Strict and Absolute liability principles will depend upon the inquiry as to whether the leaked pesticide gas was a hazardous substance/activity or chemical or not and; XYZ will be liable under the Polluter Pays Principle.
d) XYZ will not be liable under the Polluter Pays Principle.

Answer : C

Read the passage carefully and answer these questions:

Principle of Natural Justice is derived from the word ‘Jus Natural’ of the Roman law and it is closely related to Common law and moral principles but is not codified. It is a law of nature which is not derived from any statute or constitution. The principle of Natural Justice is adhered to by all the citizens of civilised State with Supreme importance. Natural justice simply means to make a sensible and reasonable decision making procedure on a particular issue. Sometimes, it doesn’t matter what is the reasonable decision but in the end, what matters is the procedure and who all are engaged in taking the reasonable decision. It is not restricted within the concept of ‘fairness’ it has different colours and shades which vary from the context. Basically, natural justice consists of 3 rules. The first one is “Hearing rule” which states that the person or party who is affected by the decision made by the Panel of expert members should be given a fair opportunity to express his point of view to defend himself. Secondly, “Bias rule” generally expresses that Panel of expert should be free from bias while taking the decision. The decision should be given in a free and fair manner which can fulfil the rule of natural justice. And thirdly, “Reasoned Decision” which states that order, decision or judgement of the Court given by the Presiding authorities with a valid and reasonable ground. The principles of Natural Justice have been adopted and followed by the judiciary to protect public rights against the arbitrary decision by the administrative authority. One can easily see that the rule of natural justice include the concept of fairness: they stay alive and support to safeguard the fair dealing.
Source: Excerpt taken from blog.ipleaders.in

Question. “Nemo Judex in causa sua” or the principle that ‘No one can be a judge in his own case’, relates to which of the following rule of the Natural Justice?
a) Bias rule
b) Reasoned decision rule
c) Hearing rule
d) All of the above.

Answer : A

Question. Mr. X is a Public Servant, employed in a PSU and Mrs Y who is the wife of Mr. X is also an employee of the same PSU. Ms A files a complaint against Mr. X for sexual harassment at workplace before the ICC (Internal Complaints Committee), which is headed by Mrs Y. After completing her inquiry she held that Mr. X is guilty and recommended disciplinary proceedings against him. Now, on what grounds Mr. X may challenge her findings?
a) Mrs Y is an employee of the same institution and the inquiry should have been conducted by a person outside the institution.
b) The complaint was filed by a female employee, so the inquiry must have been conducted by a male employee.
c) Mrs Y is the wife of Mr. X and she holds a personal bias in the case, so the inquiry should not have been conducted by her.
d) Mr. X being the accused should have conducted the inquiry himself.

Answer : C

Question. Mr. A is a judge and he is also the landlord of Mr. B, who resides in an apartment owned by Mr. A. Due to non-payment of rent for 3 consecutive months, Mr. A served an eviction notice to Mr. B. Now, choose the most appropriate option amongst the following.
a) Being a judge himself, Mr. A cannot issue such notice of eviction.
b) Mr. A can issue such notice because it is his duty as a Judge, apart from being a landlord.
c) Such notice is illegal as Mr. B was not given an opportunity to present his case.
d) Mr. A issued such notice in his personal capacity as a landlord and not being a judge.

Answer : D

Question. Which of the following is not in violation of theprinciples of Natural justice?
a) Withholding of an increment of a public servant without giving him an opportunity to defend.
b) Non-renewal of a contract of employment of an employee after the period of contract is over.
c) Initiating a departmental inquiry against a public servant, without giving him an opportunity to submit representation during such inquiry.
d) All of the above.

Answer : B

Question. On the basis of your understanding about Natural Justice in the passage above, state which of the following is true:
a) Adherence to the reasoned decision rule is not required if other two rules are complied with.
b) Compliance of bias rule itself rejects the need of the hearing and the reasoned decision rule.
c) Principle of Natural Justice is incomplete without the compliance of any of its rules.
d) The Reasoned Decision rule is a substitute for the bias rule.

Answer : C

Read the case study carefully and answer these questions:

Tension prevailed in the Jawahar area in Palghar district after three Mumbai residents, travelling in a Ford Ecosport to Silvassa, were allegedly lynched late on Thursday night. The Kasa police said the incident occurred near Gadakchinchale village under their jurisdiction. “Information received by us indicates that the three occupants of the SUV hailed from Kandivali in Mumbai and were going to attend a funeral in Silvassa,” Superintendent of Police Gaurav Singh, Palghar police said. A large mob of villagers surrounded the car within a matter of minutes and started attacking it with sticks, irons rods and their bare hands, leading to the death of all three occupants. “One of our patrolling vehicles later spotted the severely injured trio lying on the road and stopped to find out the matter. However, our team was also attacked by the mob and the vehicle pelted with stones. Our personnel had to flee and were unable to rescue to the victims,” an officer with the Kasa police said. A wireless alert was sent out later apprising all police stations and units of the incident following which reinforcements were sent to the village and a combing operation was undertaken. “Prima facie information indicates that the trio were mistaken for thieves and attacked. The villagers were on edge due to the ongoing lockdown and unavailability of essential supplies. For the past few days, several rumours have been doing the rounds on social media about thieves and dacoits targetting villages on the highway. As a result, villagers have been patrolling the highway and stopping late night travellers on suspicion,” the officer said. Source: Excerpt from The Hindu,

Question. Which of the following statements given below justifies criminalisation of Mob Lynching?
a) In a democracy the actual power rests with the people and their actions cannot be penalised by the state.
b) There is no law in India which specifically prohibits mob lynching and therefore it is a justified act of the people.
c) It is impossible to punish the wrongdoer in caseof Mob Lynching.
d) Violence cannot be a tool to implement the will of the majority and such actions are failure of the state.

Answer : D

Question. Which of the following statement justifies the criminalisation of mob lynching as a distinct offence apart from ‘Murder’?
a) The offence of Murder is committed by a single individual or a group but mob lynching involves a large group of individuals.
b) When violence is committed by a mob it creates a situation of terror and anarchy having potential to disturb the public peace for a longer period.
c) Mob lynching is an offence which supports the idea of ‘might is right’, and cannot be accepted in a democratic society.
d) All of the above.

Answer : D

Question. The above passage states about the existence of rumours in the area regarding the thieves and dacoits robbing the villagers or committing child lifting. In the light of this proposition which of the following statement is correct?
a) The villagers should not be punished as there was a genuine mistake on their part.
b) The villagers should be punished as they do not have any right to punish any person unless he is an offender.
c) The villagers should be punished as no individual in the country is entitled to take law in his own hand and punish the wrongdoer.
d) The villagers should not be punished as they have the right of private defence against such incidents under which they can even kill a person.

Answer : C

Question. In the light of the above passage which of the following incidents of mob violence would be justified?
a) A group of people committing violence against people who are selling meat of an animal considered to be sacred under their religious beliefs.
b) The residents of a boy’s hostel caught a drug paddler selling drugs in their hostel and killed him by beating.
c) The villagers injured a woman by pelting stone on her considering her to be witch.
d) None of the above.

Answer : D

Question. Assertion (A): Mob Lynching can be justified only in circumstances where the religious sentiments or feelings of a large group of people is associated. Reason (R): Religious sentiments and feelings are of paramount consideration for the state and should not be interfered with.
a) Both (A) and (R) are correct
b) (A) is correct but (R) is incorrect
c) Both (A) and (R) are incorrect
d) (A) is incorrect but (R) is correct.

Answer : C

Read the case study carefully and answer these questions:

The bench of Dr. DY Chandrachud and MR Shah, JJ has refused to transfer to CBI the criminal cases lodged against Republic TV Editor in-Chief Arnab Goswami for alleged defamatory news show telecast on April 21 in connection with the Palghar mob-lynching case. It also quashed all FIRs against Arnab Goswami except one which was filed in Nagpur and which has been transferred to Mumbai via order dated 24.04.2020.

[Excerpt from SCC Online Blog, May 19, 2020]

Delivering the verdict, Justice Chandrachud said, Article 32 of the Constitution constitutes recognition of the constitutional duty entrusted to this Court to protect the fundamental rights of citizens. The exercise of journalistic freedom lies at the core of speech and expression protected by Article 19(1)(a). The petitioner is a media journalist. The airing of views on television shows which he hosts is in the exercise of his fundamental right to speech and expression under Article 19(1)(a). India’s freedoms will rest safe as long as journalists can speak truth to power without being chilled by a threat of reprisal…Free citizens cannot exist when the news media is chained to adhere to one position. Yuval Noah Harari has put it succinctly in his recent book titled “21 Lessons for the 21st Century”: “Questions you cannot answer are usually far better for you than answers you cannot question.”

Question. The above passage mentions about the Journalist’s request to transfer the case to the CBI (Central Bureau of Investigation) for investigation. What could be the appropriate reason for such request?
a) The CBI is a central investigating agency and conducts more scientific investigation.
b) Where State government is an interested party, the investigation conducted by the state police, may be
biased.
c) The FIRs relate to an offence of defamation of the President of a national party, so the matter should be investigated by the CBI.
d) None of the above.

Answer : B

Question. The above passage quotes the observation of the Court in relation to freedom of speech and expression as, “Questions you cannot answer are better than questions you cannot question.” Now, based on such observation, chose the most appropriate option which describes the scope of such questions.
a) The term “questions” mentioned are not subject to limitations imposed upon the Freedom of Speech and Expression.
b) Those question are limited to the information warranted by the person.
c) The court is referring to the right to information through the above quote.
d) The questions are also subject to limitations imposed upon the Freedom of Speech and Expression.

Answer : D

Question. It is an established principle of law that the offence of defamation (harming the reputation) has many exceptions and the imputation of truth is one of those, but the accused must prove that such imputation was true and also for the public good. In the light of this statement which of the following questions/statements are not defamatory?
a) An article published in a newspaper about the unaccounted property of a public servant in the form of a questionnaire.
b) A question to a female actress about her sexual relationship with a married man.
c) A question to a public servant about his extramarital relationship with a colleague.
d) An Article published in a magazine stating a female politician as ‘B grade’ actress.

Answer : A

Question. In the above passage, the Court ordered for the merging of different FIRs into one and the investigation to be conducted at Mumbai. What is the reason behind such order?
a) Multiple FIRs mean multiple investigations and the same might cause hardships to the accused.
b) The first FIR was registered at Mumbai and the investigation should be conducted at Mumbai.
c) The accused resides at Mumbai and the investigation should be conducted only at Mumbai.
d) Multiple FIRs are frivolous and there is only one cause of action.

Answer : A

Question. Defamation is punishable:
a) Both as a Civil wrong as well as a Crime.
b) Only as a Civil wrong.
c) Only as a Criminal wrong.
d) None of the above.

Answer : A

Read the case study carefully and answer these questions:

Common intention implies a pre-arranged plan and acting in concert pursuant to the plan. Common intention comes into being prior to the commission of the act, which need not be a long gap. To bring common intention into effect a pre-concert is not necessarily be proved, but it may well develop on the spot as between a number of persons and could be inferred from facts and circumstances of each case. For example A and B caught hold of C where only B stabbed C with a knife but A is also liable for murder as there was a pre-concerted action. In the case Pandurang v. State of Hyderabad, Supreme court emphasized on this point that prior concert need not be something always very much prior to the incident, but could well be something that may develop on the spot, on the spur of the moment. Common Intention and Similar Intention Common intention does not mean similar intention of several persons. To constitute common intention it is necessary that the intention of each one of them be known to the rest of them and shared by them. In the case of Dukhmochan Pandey v. State of Bihar, the Supreme Court, held that: “Common intention which developed at the spur of the moment is different from the similar intention actuated a number of person at the same time….the distinction between a common intention and similar intention may be fine, but is nonetheless a real one and if overlooked, may lead to miscarriage of justice….” The mere presence of accused together is not sufficient to hold that they shared the common intention to commit the offence in question. It is necessary that the intention of each one of ‘several persons’ be known to each other for constituting common intention.

Question. A gang of six members went to a bank, armed with weapons to commit a heist. While five of the gang members went inside the bank, Mr. A (the sixth member) waited outside the bank to alert them on any threat. During the heist one of the gang members fired a gun at the branch manager, as a result he died. All five escaped but Mr. A was caught and arrested. Now, choose the most appropriate option as per the principle stated in the above passage.
a) Mr. A is not liable for murder as he was outside the bank and there was no common intention.
b) Mr. A along with all other members of the gang are liable for murder as there was common intention.
c) Only that person is liable for murder who actually fired the gun.
d) Mr. A is liable only for the heist and no other offence.

Answer : B

Question. Raman and Raghav were riding on a motorcycle on a busy street, suddenly Aman (another biker) bumped into their bike. A heated argument started between the three of them. While Raghav started abusing Aman, Raman hit Aman with an iron rod lying on the road and as a consequence he died. Now, chose the correct option.
a) Both Raman and Raghav are liable for murder as there was a common intention developed on the spot.
b) Raghav is not liable for murder as there was no common intention to kill Aman.
c) No one is liable as Aman was a wrongdoer himself and he started the fight.
d) Only Raghav is liable for murder as he started abusing Aman.

Answer : B

Question. After reading the passage which of the following is not correct in relation to the difference between Common and Similar intention?
a) Similar intention is developed prior to the commission of offence but the common intention is developed only at the time of commission of offence.
b) Under Common intention each of the offender is equally liable for the offence but under similar intention each of the offender is differently liable.
c) In order to determine the existence of Similar or Common intention, one must analyse the fact and circumstances of each case.
d) The boundary between Similar and Common intention is very fine and it may sometime overlap.

Answer : A

Question. Mr. X and Mr. Y entered into a house at night to commit theft, while committing theft Mr. Y committed sexual assault on a minor girl of aged 11 years. Identify for which of the following offences Mr. X is liable for.
a) Both Theft and Sexual Assault as there was a Common intention.
b) Only Theft as there was a Similar intention.
c) Only Theft as Mr. X had a different intention from Y.
d) He would not be liable for any offence.

Answer : C

Question. Which of the following statements is correct in relation to the difference between common intention and similar intention?
a) The intention of the accused and co-accused can be inferred from the facts and circumstances of each case.
b) Under common intention, it is considered that all the accused have jointly committed the offence themselves and are jointly liable.
c) Each accused is liable for the offence he has actually committed, if the common intention cannot be proved.
d) All of the above.

Answer : D