Family Justice System Test 2

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Family Justice System Test 2

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Weekly Quiz Competition

Question 1
1 / -0

Matters like divorce, separation, maintenance, custody of children are usually dealt in ____________.

A
Civil court

B
Criminal court

C
Family court

D
None of the above

Solution

Main goal of establishment of family courts is for secure and speed settlement of disputes relating to marriage and family affairs. Matters like divorce, separation, maintenance, custody of children are usually dealt in family courts.
Question 2
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Which of the following is/are true?
The need for Lok Adalats is aggravated in India by:
A. Huge population of India
B. Unmanageable burden on the Judiciary system

A
Only A

B
Only B

C
Both A and B

D
None

Solution

Lok Adalat is a court designed to shorten the time taken for settling disputes especially in the cases like partition of property and matrimonial cases. The main reasons that forced the establishment of Lok Adalat are: huge population of India and unmanageable burden on the Judiciary system.
Question 3
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LEGAL PRINCIPLE : The occupier of a premise owes a duty of care to all his invitees and visitor.
FACTUAL SITUATION : Radhika's brother, Akash,had come to visit at her place. After seeing her wealth. Akash decided to commit theft that night. While he was trying to escape that night he get electrocuted by the wires which were fixed on the boundary walls. Akash plans to sue Radhika. Will his claim succeed?
DECISION :

A
Yes, because in Indian tradition, guests are like Gods.

B
No, because one has to be himself cautious about his safety.

C
Yes, because it is the occupiers duty to take care of its visitors.

D
No, because he himself is guilty of theft. He is no longer an invitee or visitor.

Solution

It is not a case of easement because construction if a shed in Vijay's property also pretuding in the part of Namit's property. Moreover, easement is given for temporary period with the consent of the owner of the said property. Here, Vijay constructed the shed against the will of Namit. Therefore, this is not the case of easement.
Question 4
1 / -0

A child born after father's death is _________.

A
posthumous

B
heir

C
intestate

D
bastard

Solution

The word posthumous has come from Latin word posthumus. The word posthumous is used to describe something that happens after a person's death. Posthumous is a child born after father's death. Some other uses of the word posthumous is 'posthumous award for bravery', 'posthumous novel' etc. Hence the correct answer is A.
Question 5
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DIRECTIONS: (Qs. 2-3) The given contains some basic principles and fact situation in which these basic principles have to be applied A list of probable decisions and reasons are given.
You have to choose a decision with reasons
Principles :-
1. The owner of a land has absolute interest on the property including the contents over and under the property.
2. Water flowing below your land is not yours though you can use it.
3. Any construction on your land belongs to you.
4. All mineral resources below the land belongs to the State.
Facts :-
There is a subterranean water flow under Suresh's land surface. Suresh constructed a huge reservoir and drew all subterranean water to the reservoir. As a result, the wells of all adjacent property owners have gone dry. They demanded that either Suresh must demolish the reservoir or share the reservoir water with them.
Proposed Decision :-
(a) Suresh need not demolish the reservoir.
(b) Suresh has to demolish the reservoir.
(c) Suresh has to share the water with his neighbours.
(d) The Government can take over the reservoir.
Possible reasons :-
i) Water cannot be captured by one person for his personal use.
ii) The Government must ensure equitable distribution of water.
iii) Whatever is under Suresh's land may be used by him.
iv) Suresh has to respect the rights of others regarding water.
Your decision with the reason __________.

A
(a)(iii)

B
(b)(i)

C
(c)(iv)

D
(d)(ii)
Question 6
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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?

A
Gift a both the properties is valid

B
Gift a both the properties is void

C
Gift of house is void, but the gift of the plot of land is valid

D
Gift of house is valid, but the gift of the plot of land is void

Solution

Section $$122$$ of the Transfer of Property Act states that, 'Gift' is the transfer a certain existing movable or immovable property made voluntarily and without consideration, by one person, called the donor, to another, called the doner and accepted by or on behalf of the done.
The subject matter of the gift has to be an existing property and not a future property. In the given case, gift of house is valid as it is an existing property, but the gift of the plot of land is invalid because it is a future property.
Question 7
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Legal Principles:
A. When land is sold, all 'fixtures' on the land are also deemed to have been sold.
B. If a movable thing is attached to the land or any building on the land, then it becomes a 'fixture'.
C. If a movable thing is placed on land with the intention that it should become an integral part of the land or any structure on the land, it becomes a fixture.

Facts:
Khaleeda wants to sell a plot of land she owns in Baghmara, Meghalaya, and the sale value decided for the plot includes the fully-furnished palatial six-bedroom house that she has built on it five years ago. She sells it to Gurpreet for Rs.60 lakh. After completing the sale, she removes the expensive Iranian carpet which used to cover the entire wooden floor of one of the bedrooms. The room had very little and Khaleeda used this light-coloured radiant carpet to negate some of the darkness in the room. Gurpreet , after moving in, realized this and files a case to recover the carpet from Khaleeda.

Applying the above rules If you were a judge you would decide in favor of :

A
Khaleeda in both situations

B
Gurpreet only

C
Khaleeda only

D
Gurpeet in both situations

Solution

Gurpreet in both situations.
As the above mentioned principle states that if the movable property is linked with the land or a part of land it becomes a fixture. And, when land is about to get sold fixtures with it are also deemed to sold with it. So, according to this Gurpreet is liable to get the Iranian carpet.
Question 8
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Match List I with List II.
List I
List II
A. Alienation $$1$$. The transfer of property
B. Alimony $$2$$. Written statement of allegation
C. Allegation $$3$$. Maintenance charges to wife from husband

A
A-$$1$$, B-$$3$$, C-$$2$$

B
A-$$2$$, B-$$1$$, C-$$3$$

C
A-$$3$$, B-$$2$$, C-$$1$$

D
A-$$3$$, B-$$1$$, C-$$2$$
Question 9
1 / -0

In India, the reckoning date for the determination of the age of the juvenile is the ________________.

A
date of offence

B
date of trial

C
date of judgment

D
date of arrest

Solution

State of Jharkhand (AIR 2005 SC 2731) where the court held that “the reckoning date for the determination of the age of the juvenile is the date of an offence and not the date when he is produced before the authority or in the Court.”

Hence, A is the correct option.
Question 10
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Which of the following is not included within the meaning of intellectual property ?

A
Patents

B
Copyrights

C
Trade Mark

D
Property of an intellectual

Solution

Intellectual property consists of intangible property which includes creations of mind. These are the creations of human intellect such as ideas and concepts which are legally protected. Certain examples of Intellectual property are patents, copyrights and trademark, and it does not include physical property of an intellectual. Hence the correct answer is D.

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Re-Attempt Weekly Quiz Competition

	List I		List II
A.	Alienation	$$1$$.	The transfer of property
B.	Alimony	$$2$$.	Written statement of allegation
C.	Allegation	$$3$$.	Maintenance charges to wife from husband

Family Justice System Test 2

Result

Family Justice System Test 2

Score

-

Rank

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SHARING IS CARING

Question 1

Civil court

Criminal court

Family court

None of the above

Solution

Question 2

Only A

Only B

Both A and B

None

Solution

Question 3

Yes, because in Indian tradition, guests are like Gods.

No, because one has to be himself cautious about his safety.

Yes, because it is the occupiers duty to take care of its visitors.

No, because he himself is guilty of theft. He is no longer an invitee or visitor.

Solution

Question 4

posthumous

heir

intestate

bastard

Solution

Question 5

(a)(iii)

(b)(i)

(c)(iv)

(d)(ii)

Question 6

Gift a both the properties is valid

Gift a both the properties is void

Gift of house is void, but the gift of the plot of land is valid

Gift of house is valid, but the gift of the plot of land is void

Solution

Question 7

Khaleeda in both situations

Gurpreet only

Khaleeda only

Gurpeet in both situations

Solution

Question 8

A-$$1$$, B-$$3$$, C-$$2$$

A-$$2$$, B-$$1$$, C-$$3$$

A-$$3$$, B-$$2$$, C-$$1$$

A-$$3$$, B-$$1$$, C-$$2$$

Question 9

date of offence

date of trial

date of judgment

date of arrest

Solution

Question 10

Patents

Copyrights

Trade Mark

Property of an intellectual

Solution

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