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Judiciary - Constitutional, Civil, Criminal Courts and Processes Test 12

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Judiciary - Constitutional, Civil, Criminal Courts and Processes Test 12
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  • Question 1
    1 / -0
    Principle: The consideration or object of an agreement is unlawful if the court regards it as opposed to public policy. Every agreement of which the object or consideration is unlawful is void.
    Facts: 'X' promises to obtain for 'Y' an employment in the public service and 'Y' promises to pay $$Rs. 500000$$ to 'X'
    Which of the following derivations is correct?
    Solution
    According to the principle given in the problem, consideration or object of an agreement is unlawful if the court regards it as opposed to public policy. In the given situation, as X promises to obtain for Y and employment in the public service and Y promises to pay $$Rs. 500000$$ to X, which is opposed to public policy. So, the agreement between X and Y cannot be enforced by the court of Law.
  • Question 2
    1 / -0
    Given below are a legal principle and a factual situation. Apply the given legal principle to the factual situation and select the most appropriate answer to the question given below:

    Principle: Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others is said to have committed an offence.

    Facts: Mr. Mangeskar owns a Yamaha motorcycle which was very good pick up and speed. He is studying in the IV semester of a mechanical engineering degree course. One day he was getting late for the college as he woke up late in the morning. He got ready was rushing to the college so that he would not miss the class. He was riding the motorcycle at a speed of 140 KMPH in Bangalore city which was crowded. He was very good in riding the motorcycle. People who were using the road got annoyed/scared with the way Mr. Mangeskar was riding the motorcycle.Decide.
    Solution
    Mr. Mangeskar has committed an act of rash and negligent driving. 
    Section 279 of IPC tells about the rash and negligent driving. 
    The punishment for committing this crime is imprisonment of upto 6 months or fine or sometimes both. In the above case, Mr. Mangeskar didn't hurt anyone in public, but, riding at the speed of 140 KMPH in public areas is an offence. Also, his act scared the people using the road which makes his driving rash and negligent.
    Hence, A is the correct option.
  • Question 3
    1 / -0
    Given below are a legal principle and a factual situation. Apply the given legal principle to the factual situation and select the most appropriate answer to the question given below:

    Principle: A pact, other than a pact to commit suicide, to suffer any harm is not an offence, provided the age of the person who has given his consent to suffer harm is above eighteen years.

    Factual Situation: A enters into a pact with B, a boy of less than 18 years of age, to fight (boxing) with each other for amusement. They agreed to suffer any harm which, in the course of such fighting, may be caused without foul play.A hurts B without intention and while playing fairlly. What will be the consequences?
    Solution
    A, while playing fairly, hurts B. A commits an offense. 
    As in the above stated principle, pact must be made with an adult or above of 18 years of age. A pact with a minor is void. Hurting B, who is a minor is an offense as there's no valid pact. Hence, A has committed an offence. 
  • Question 4
    1 / -0
    Suppose X and Y were apprehended before administering poison Z. What is the offence committed by X and Y?
    Solution
    X and Y to be punished as illegal act as agreement. 
    In the above mentioned case, X and y are guilty for criminal conspiracy as they were administering poison to Z. That's the other thing, that they were apprehended behaviour. They are guilty and liable to get punished. Conspiracy has been made an offense with the intend to check radical capacity to misact which is picked up by a meeting of the minds to the methods.
    Hence, D is the correct option.
  • Question 5
    1 / -0
    A civil case becomes a fit case for appeal to the Supreme Court if____________________.
    Solution
    The high court certifies it involves a question on law. 
    Article 133 of our Indian Constitution tells about about the cases which are civil and can be appealed in the supreme court or, if high court has given such statement which should be confirmed by the supreme court.
    Hence, D is the correct option.
  • Question 6
    1 / -0
    Given below are a legal principle and a factual situation. Apply the given legal principle to the factual situation and select the most appropriate answer to the question given below:

    Legal Principle: Whoever finds an unattended object. This does not affect the property owner's right to the ownership of the property on which the object is found. The right to ownership of a property does not include the right to ownership of unattended objects on that property.

    Factual Situation: Elizabeth is the CEO of a global management services company in Chennai and is on her way to Ranchi to deliver the convocation address at India's leading business school on the outskirts of Ranchi. Flying business class on Dolphin Airlines, she is entitled to use the lounge owned by the airline in Chennai airport while waiting for her flight. She finds a diamond earing on the floor of the lounge and gives it to the staff of Dolphin Airlines expressly stating that in the event of nobody claiming the earring within six months, she would claim it back.The airline sells the earring after eight months and Elizabeth files a case to recover the value of the earing from the airline when she is informed about its sales.
    To the original fact scenario, the following fact is added: In the lounge there are numerous signboards which proclaim "Any unattended item will be confiscated by Dolphin Airlines' . In this case, you would ________________.
    Solution
    The airline to pay compensation to Elizabeth as they can't get property rights over unattended objects to the airline. 
    As it is clearly mentioned in the above stated principle that finding an attempted object doesn't give the right of owner to that particular object. Hence, airline is trying to get the ownership as they were the owner of air lines and lounge as well.  Elizabeth is liable to get compensation.
    Hence, A is the correct option. 
  • Question 7
    1 / -0
    Principle : Nothing is an offence which is done by  child under twelve years of age, who has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct on that occasion.
    Facts : Himesh, $$11$$ years old boy, picks up a gold ring worth Rs.$$5000$$/- lying on a table in his friend's house and immediately sells it for Rs.$$2000$$/-, and misappropriated the money.
    Solution
    Under section 83 of Indian Penal code defines nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequence of his conduct on that occasion.
    The reasonable conclusion drawn Himesh would be protected under the principle stated above because his acts show that he was not sufficiently mature to understand the nature and consequences of his conduct.
  • Question 8
    1 / -0
    Match List I with List II.
    List IList II
    $$1$$. FraudulentA. Deceitful
    $$2$$. ExemptB. To give immunity form a liability
    $$3$$. ExerciseC. To bring into play
    $$4$$. Ex officioD. By virtue of
    Solution
    A-1, B-2, C-3, D-4. 
    Fraudulent is a type of dishonesty or any act which is done to cheat someone intentionally. 
    Exempt is a freedom or not having liability to pay or to give any type of service. 
    Exercise is nothing but a practice as of many kinds like to exercise power. 
    Ex officio means by dignity of an individual to use authority or power. 
  • Question 9
    1 / -0
    Match List I with List II.
    List IList II
    A. Admonition$$1$$. Offence of using or threatening unlawful violence.
    B. Affidavit$$2$$. A solemn declaration true to the best of the knowledge of the deponent.
    C. Affray$$3$$. A reprimand from a judge to a defendant

    Solution
    A-3, B-2, C-1. 
    Admonition means an official disapproved judge in the court of law regarding any proceeding or proof. 
    Affidavit is telling something will the true intention of being a witness. 
    Affray is an offence in which more than one person are involved in the fighting activities in the public areas which disturb the nature of that area. 
  • Question 10
    1 / -0
    Match List I with List II.
    List IList II
    A. Amnesty$$1$$. Political pardon
    B. Animus$$2$$. Intention
    C. Antecedents$$3$$. Previous character
    Solution
    A-1 , B-2 , C-3 . 
    Amnesty is the official pardon given to any political person or leader. 
    Animus means encouraging or motivating someone to do some kind of act. 
    Antecedents means a previous behaviour or character.

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