Legal Reasoning Test-4

Passage - 1

The fundamental rights were included in the constitution because they were considered essential for the development of the personality of every individual and to preserve human dignity. All people, irrespective of race, religion, caste or sex, have been given the right to move the Supreme Court and the High Courts for the enforcement of their fundamental rights. There are seven categories of Fundamental Rights (FR) which are covered from Articles 12-35. Fundamental right shall be made applicable only to the legislative or administrative actions of the state and not the private actions. Any law in
contravention of fundamental rights is void, unconstitutional and therefore cannot bind any person. It is a fundamental right that no person shall be denied admission into any educational institution maintained by State or receiving funds from the State only on the ground of religion, race, case, language or any of them. It is a fundamental right of all minorities whether based on religion or language shall have the right to institute or administer educational institution of their choice.
State shall not, in granting aid to the educational institution, discriminate against any educational institution on the ground that it is under the management of a minority, based on religion or language. It is a directive principle of state policy to promote with special care, educational interest of weaker section of people including scheduled tribes and castes. Directive principles are not justiciable in a court of law.

Q. Mark decided to set up a Christian missionary school in remote village in Bihar for Catholic children. School received funds from state at about 40% of its total expenses and rest by way of private donations. School attained repute in last decade when it was published that 75% of total graduating batch got admitted to the coveted Indian Institute of Aeronautics. Sachin, a Hindu boy, applied for admission but was rejected as the school was meant only for Catholic Children. Hindu majority government decided to derecognise the school citing reasons inter alia public unrest. Whether denial of admission to Sachin is liable to be set aside?

Passage - 1

The fundamental rights were included in the constitution because they were considered essential for the development of the personality of every individual and to preserve human dignity. All people, irrespective of race, religion, caste or sex, have been given the right to move the Supreme Court and the High Courts for the enforcement of their fundamental rights. There are seven categories of Fundamental Rights (FR) which are covered from Articles 12-35. Fundamental right shall be made applicable only to the legislative or administrative actions of the state and not the private actions. Any law in
contravention of fundamental rights is void, unconstitutional and therefore cannot bind any person. It is a fundamental right that no person shall be denied admission into any educational institution maintained by State or receiving funds from the State only on the ground of religion, race, case, language or any of them. It is a fundamental right of all minorities whether based on religion or language shall have the right to institute or administer educational institution of their choice.
State shall not, in granting aid to the educational institution, discriminate against any educational institution on the ground that it is under the management of a minority, based on religion or language. It is a directive principle of state policy to promote with special care, educational interest of weaker section of people including scheduled tribes and castes. Directive principles are not justiciable in a court of law.

Q. Mark decided to set up a Christian missionary school in remote village in Bihar for Catholic children. School received funds from state at about 40% of its total expenses and rest by way of private donations. School attained repute in last decade when it was published that 75% of total graduating batch got admitted to the coveted Indian Institute of Aeronautics. Sachin, a Hindu boy, applied for admission but was rejected as the school was meant only for Catholic Children. Hindu majority government decided to derecognise the school citing reasons inter alia public unrest. Which of the statement can most reasonably be inferred by application of above stated principles to the facts of the case?

Passage - 1

The fundamental rights were included in the constitution because they were considered essential for the development of the personality of every individual and to preserve human dignity. All people, irrespective of race, religion, caste or sex, have been given the right to move the Supreme Court and the High Courts for the enforcement of their fundamental rights. There are seven categories of Fundamental Rights (FR) which are covered from Articles 12-35. Fundamental right shall be made applicable only to the legislative or administrative actions of the state and not the private actions. Any law in
contravention of fundamental rights is void, unconstitutional and therefore cannot bind any person. It is a fundamental right that no person shall be denied admission into any educational institution maintained by State or receiving funds from the State only on the ground of religion, race, case, language or any of them. It is a fundamental right of all minorities whether based on religion or language shall have the right to institute or administer educational institution of their choice.
State shall not, in granting aid to the educational institution, discriminate against any educational institution on the ground that it is under the management of a minority, based on religion or language. It is a directive principle of state policy to promote with special care, educational interest of weaker section of people including scheduled tribes and castes. Directive principles are not justiciable in a court of law.

Q. If the parliament by law directs all minority schools, funded or non-funded, to admit Hindu students, then:

Passage - 1

The fundamental rights were included in the constitution because they were considered essential for the development of the personality of every individual and to preserve human dignity. All people, irrespective of race, religion, caste or sex, have been given the right to move the Supreme Court and the High Courts for the enforcement of their fundamental rights. There are seven categories of Fundamental Rights (FR) which are covered from Articles 12-35. Fundamental right shall be made applicable only to the legislative or administrative actions of the state and not the private actions. Any law in
contravention of fundamental rights is void, unconstitutional and therefore cannot bind any person. It is a fundamental right that no person shall be denied admission into any educational institution maintained by State or receiving funds from the State only on the ground of religion, race, case, language or any of them. It is a fundamental right of all minorities whether based on religion or language shall have the right to institute or administer educational institution of their choice.
State shall not, in granting aid to the educational institution, discriminate against any educational institution on the ground that it is under the management of a minority, based on religion or language. It is a directive principle of state policy to promote with special care, educational interest of weaker section of people including scheduled tribes and castes. Directive principles are not justiciable in a court of law.

Q. If Parliament by law decides to deny any funding to all minority institutes except Muslim minority institutes, then:

Passage - 2

The law of contract lays down the legal rules relating to promises: their formation, their performance, and their enforceability. Explaining the object of contract, Sir William Anson observes: “The law of contract is intended to ensure that what a man has led to expect shall come to pass; that what has been promised to him shall be performed.”
The law relating to contract defines it as ‘An agreement which is enforceable by law is a Contract ’. An agreement is a promise and a promise is an accepted proposal. Thus every agreement is made up of a proposal or offer from one side and its acceptance by the other. There must be a lawful offer and acceptance for the formation of an agreement. The adjective ‘lawful ’implies that the offer and acceptance must satisfy the requirements of the contract act in relation thereto.
Another important essential of a contract is Intention to create a legal relationship. There must be a clear intention among the parties that the agreement should be attached by legal consequences and create a legal obligation. Lawful Consideration and competent parties are other important essential ingredients of contract.
Free consent is one of the most important essential ingredients of a contract. Section 14 of the Act defined the term free consent as follows- “consent is said to be free when it is not caused by coercion, undue influence, fraud, misrepresentation or mistake.
Contracts play a very important role in the day-to-day life of every person. Contracts or agreements between various parties are framed and validate by the Contract Act. So for the formation of a contract, the above-given conditions must be fulfilled by the parties.

Q. The law related to contracts is given under which legislation in India?

Passage - 2

The law of contract lays down the legal rules relating to promises: their formation, their performance, and their enforceability. Explaining the object of contract, Sir William Anson observes: “The law of contract is intended to ensure that what a man has led to expect shall come to pass; that what has been promised to him shall be performed.”
The law relating to contract defines it as ‘An agreement which is enforceable by law is a Contract ’. An agreement is a promise and a promise is an accepted proposal. Thus every agreement is made up of a proposal or offer from one side and its acceptance by the other. There must be a lawful offer and acceptance for the formation of an agreement. The adjective ‘lawful ’implies that the offer and acceptance must satisfy the requirements of the contract act in relation thereto.
Another important essential of a contract is Intention to create a legal relationship. There must be a clear intention among the parties that the agreement should be attached by legal consequences and create a legal obligation. Lawful Consideration and competent parties are other important essential ingredients of contract.
Free consent is one of the most important essential ingredients of a contract. Section 14 of the Act defined the term free consent as follows- “consent is said to be free when it is not caused by coercion, undue influence, fraud, misrepresentation or mistake.
Contracts play a very important role in the day-to-day life of every person. Contracts or agreements between various parties are framed and validate by the Contract Act. So for the formation of a contract, the above-given conditions must be fulfilled by the parties.

Q. Where both parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void. In the month of June, 2006 Pak Cotton Mills of Lahore asked its supplier Surat Cotton Company to “send 100 Quintals on the Peerless.”Surat Cotton Company replied - “Consignment would be sent by Peerless.”The consignment was sent in September, but as the Cotton Mills was expecting the consignment in July itself, it suffered genuine losses. It was found that there were two ships named Peerless sailing from Surat, one in July and the other in September. Pak Cotton Mills claims compensation for its losses due to delayed delivery from Surat Cotton Company. Will it succeed?

Passage - 2

The law of contract lays down the legal rules relating to promises: their formation, their performance, and their enforceability. Explaining the object of contract, Sir William Anson observes: “The law of contract is intended to ensure that what a man has led to expect shall come to pass; that what has been promised to him shall be performed.”
The law relating to contract defines it as ‘An agreement which is enforceable by law is a Contract ’. An agreement is a promise and a promise is an accepted proposal. Thus every agreement is made up of a proposal or offer from one side and its acceptance by the other. There must be a lawful offer and acceptance for the formation of an agreement. The adjective ‘lawful ’implies that the offer and acceptance must satisfy the requirements of the contract act in relation thereto.
Another important essential of a contract is Intention to create a legal relationship. There must be a clear intention among the parties that the agreement should be attached by legal consequences and create a legal obligation. Lawful Consideration and competent parties are other important essential ingredients of contract.
Free consent is one of the most important essential ingredients of a contract. Section 14 of the Act defined the term free consent as follows- “consent is said to be free when it is not caused by coercion, undue influence, fraud, misrepresentation or mistake.
Contracts play a very important role in the day-to-day life of every person. Contracts or agreements between various parties are framed and validate by the Contract Act. So for the formation of a contract, the above-given conditions must be fulfilled by the parties.

Q. Keeping silence as to facts which can affect the will of a contracting party is not fraud unless it is the duty of the person to speak the facts in the given circumstances. A and B are traders in food grains. B wants to buy a thousand tonnes of wheat from A. A has private information that the prices of wheat will fall heavily next week. He did not tell this to B because he fears B will not enter into the agreement. After making the purchase, B suffers a huge loss the next week, and he comes to know that A, despite knowing the facts of the market, sold him such a huge quantity of wheat. He files a suit against A alleging fraud on his part and prayed to the court that the contract be declared voidable at his option. Decide.

Passage - 2

The law of contract lays down the legal rules relating to promises: their formation, their performance, and their enforceability. Explaining the object of contract, Sir William Anson observes: “The law of contract is intended to ensure that what a man has led to expect shall come to pass; that what has been promised to him shall be performed.”
The law relating to contract defines it as ‘An agreement which is enforceable by law is a Contract ’. An agreement is a promise and a promise is an accepted proposal. Thus every agreement is made up of a proposal or offer from one side and its acceptance by the other. There must be a lawful offer and acceptance for the formation of an agreement. The adjective ‘lawful ’implies that the offer and acceptance must satisfy the requirements of the contract act in relation thereto.
Another important essential of a contract is Intention to create a legal relationship. There must be a clear intention among the parties that the agreement should be attached by legal consequences and create a legal obligation. Lawful Consideration and competent parties are other important essential ingredients of contract.
Free consent is one of the most important essential ingredients of a contract. Section 14 of the Act defined the term free consent as follows- “consent is said to be free when it is not caused by coercion, undue influence, fraud, misrepresentation or mistake.
Contracts play a very important role in the day-to-day life of every person. Contracts or agreements between various parties are framed and validate by the Contract Act. So for the formation of a contract, the above-given conditions must be fulfilled by the parties.

Q. A contract made by a person so intoxicated as not to know the consequences of his act is not binding on him if his condition is known to the other party. Jai and Veeru decide to go to a pub to celebrate Jai ’s marriage to Basanti. At the bar, both of them drink a lot and Jai gets drunk. While they were on their way back home, Jai agrees to sell his Bike to Veeru for Rs. 5,000. Next day morning, when Jai wakes up, he does not remember anything. However, when Veeru comes in the evening to take the Bike, Jai does not say anything and gives the Bike to Veeru for Rs. 5,000. Sometime later, he files a case on the ground that he was intoxicated at the time of contract.

Passage - 2

The law of contract lays down the legal rules relating to promises: their formation, their performance, and their enforceability. Explaining the object of contract, Sir William Anson observes: “The law of contract is intended to ensure that what a man has led to expect shall come to pass; that what has been promised to him shall be performed.”
The law relating to contract defines it as ‘An agreement which is enforceable by law is a Contract ’. An agreement is a promise and a promise is an accepted proposal. Thus every agreement is made up of a proposal or offer from one side and its acceptance by the other. There must be a lawful offer and acceptance for the formation of an agreement. The adjective ‘lawful ’implies that the offer and acceptance must satisfy the requirements of the contract act in relation thereto.
Another important essential of a contract is Intention to create a legal relationship. There must be a clear intention among the parties that the agreement should be attached by legal consequences and create a legal obligation. Lawful Consideration and competent parties are other important essential ingredients of contract.
Free consent is one of the most important essential ingredients of a contract. Section 14 of the Act defined the term free consent as follows- “consent is said to be free when it is not caused by coercion, undue influence, fraud, misrepresentation or mistake.
Contracts play a very important role in the day-to-day life of every person. Contracts or agreements between various parties are framed and validate by the Contract Act. So for the formation of a contract, the above-given conditions must be fulfilled by the parties.

Q. Consideration is the value paid for the promise. Consideration must sufficient but not adequate. Kestle, a famous chocolate manufacturer came out with a promotional scheme for improving the sale of its chocolates. According to the scheme, any person would get a video game in exchange of six wrappers of Kestle chocolate bars. When Ronny found out about this offer, he got very excited. He finished six chocolate bars in one hour and went to the shop to exchange it for a video game. The shopkeeper was not aware of the scheme as there was no intimation from the Company. Ronny then filed a case against the Company on the ground of breach of contract and claimed the video game. Kestle Company asserted that there were not bound by the contract. Decide.

Passage - 3

On May 14, the Ministry of Home Affairs issued a Request for Proposal (RFP) to select a private agency for creating a National Database of Sexual Offenders for India. The said RFP states that the purpose of establishing the database of sex offenders is to help in the early detection and prevention of crime against women, arrests of persons accused of criminal offences and to keep a watch on habitual offenders. Media reports suggest that the public will have access to the details regarding convicted sex offenders and law enforcement officials will have access to data about persons on trial for sexual offences. This registry seems to be one more knee-jerk and populist reaction to the problem of sexual violence against women and children in India.
The ministry seems to have launched this initiative without analysing the evidence on the limited efficacy of such registries in other jurisdictions in reducing rates of repeat offending and without examining its appropriateness in the Indian context. Various states in the US have had such publicly accessible registries for around 28 years and multiple studies have shown that they have limited public safety benefits and significant social costs. Sex offender registries are predicated on the assumption that convicted sex offenders have a high likelihood of committing offences after serving their sentences. This assumption is not borne out by data. In India, the percentage of recidivism among arrested persons according to data collected by the National Crime Records Bureau (NCRB) for 2016 is only 6.4%.
The registry is being proposed in response to widely- reported horrific incidents of rape. The logic seems to be that if the police have a list of offenders living in the area, investigation becomes simpler and people, especially parents, can be more vigilant if they are aware of offenders living around them. However in India, as per the NCRB data for 2016, in 94.6% of reported cases of rape against women and children, the perpetrator is known to the victim. Such a registry offers little protection from such offenders. In fact, the fear of the offender being included in the registry may exacerbate the problem of underreporting by making people apprehensive about reporting sexual violence involving family members and acquaintances.
Once the general public has unfettered access to data about sex offenders online, it can open a Pandora 's Box. The fears of offenders being ostracised and vilified become very real. Among a host of foreseeable problems, they will find it particularly tough to find employment or housing. India has already witnessed cases of lynchings of people suspected to be child kidnappers. It is not paranoid to expect the public reaction to convicted offenders to be much worse. Once offenders are pushed into the margins, their access to treatment, supervision and support systems becomes diminished, which may be quite counterproductive. If the state imposes restrictions on where such offenders can live, the housing crisis they will face will be exacerbated. They may become homeless or be compelled to live in areas far from home where they may face less scrutiny. The stigma and ostracisation that such offenders will face will invariably extend to their families. Studies in the US have shown that a combination of social ostracisation, lack of psychiatric support and the inability to find a job or housing, can even increase chances of recidivism; thus, defeating the very purpose of the registry. In such circumstances, registration in such a database can turn into a 'scarlet letter 'like badge of shame that can punish offenders much beyond their sentences and make their rehabilitation and reintegration into society next to impossible.
As per the National Family Health Survey (NFHS) data from 2015-2016, we know that 85% of cases of sexual violence against women, which excludes cases of marital rape and assault, go unreported. Such a registry does not begin to address this problem.
Before implementing this registry, the Ministry of Home Affairs must create a research base on recidivism among sex offenders and the risk factors and hold a much broader public debate on the need for the registry. This is not to say that sexual offences are not an urgent problem. In the Indian context, the focus needs to be shifted to tackling barriers to reporting, training law enforcement officials and providing support to survivors rather than this ill-conceived registry.

Q. Which of the following is mentioned in the statement of RFP?