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Law Questions and Answers for Competitive Exams | Law Quiz Set 3

(1) D employs a driver Z to drive his car. D specifically instructs the driver not to drive fast and in no case exceed the speed of 50 kms per hour. Z exceeds the limit and causes the accident in which P is injured. In an action against D for damages
(1) D is not vicariously liable for the act of the driver because the driver acted against the express instructions of his master
(2) D is not liable as the act of the driver was not done during the course of employment
(3) D is liable as the driver was doing an authorised act in an unauthorised manner
(4) D is not liable as there was contract for service between D and the driver
Answer: D is liable as the driver was doing an authorised act in an unauthorised manner
(2)

Due to the negligence of the owners of a well, it was filled with poisonous gases and two of the employees were trapped inside the well. B, an expert in disaster management in such situation, was called to rescue the two employees. B decided to go inside the well with the help of a rope in order to save the employees trapped in the well. He was warned of the risk involved. Despite all this B went inside the well and was overcome by the gases. He was taken to hospital where he died. B’s wife sued the owners of the well for compensation

(1) Owners are not liable because maxim volunti non fit injuria applies
(2) Owners are not liable because B was an expert and master of his trade
(3) Owners are liable because the act of B was the natural and probable consequence of owner’s negligent act
(4) Owners are liable because B died while being engaged by them
Answer: May overlap each other

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(3) Malignantly and maliciously are synonyms. There is only one provision of Indian Penal Code which covers both the aspect. Provide the correct answer :
(1) Section 153
(2) Section 270
(3) Section 219
(4) Section 220
Answer: Mohd. Yunus V.Malooki
(4) The Indian Penal Code no more denote a positive evil intent for fixing liability, however there are certain type of act which signifies want of care as culpable resulting out of breach of duty. What it is known as ?
(1) Rashly
(2) Negligently
(3) Both (A) and (B)
(4) None of them
Answer: Both (A) and (B)
(5) Assertion (A) : Common intention implies a pre-arranged plan, prior meeting of minds and prior consultation between all the persons committing the crime. Reason (R) : The law makes no distinction between the persons or the part played by them in doing the criminal act. Codes :
(1) (A) is true and (R) is false
(2) (A) and (R) are both true, but (R) is not the correct explanation of (A)
(3) (A) is false and (R) is true
(4) Both (A) and (R) are true and (R) is most nearest explanation of (A)
Answer: Both (A) and (R) are true and (R) is most nearest explanation of (A)
(6) Assertion (A) : Culpable homicide becomes murder when the act causes death and is done withthe intention of causing death. Reason (R) : One of the conditions to be satisfied for treating it murder provide the injury intended to be inflicted is sufficient in the ordinary course of nature to cause death Codes :
(1) (A) is true, but (R) is not the reason
(2) (A) and (R) are both true, but(R) is not the correct explanation of (A)
(3) (A) is false and (R) is true
(4) Both (A) and (R) are true and(R) is the reasonable explanation of (A)
Answer: Both (A) and (R) are true and (R) is the reasonable explanation of (A)
(7) An agreement of which either the object or the means employed are illegal, but does not itself constitute an offence is known as ______.
(1) Intimidation
(2) Conspiracy
(3) Abetment
(4) All of them
Answer: Abetment
(8) The act of causing death to a person who has committed or attempted to commit house breaking by night is known as ______.
(1) Marginal excess of right to private defence
(2) Purported exercise of right of self defence
(3) Murder
(4) No detached objectivity would be possible to weigh the culpability
Answer: Purported exercise of right of self defence
(9) A Seven Judges Bench of the Supreme Court considered the scope of Industry and laid down a Triple Test Formula in one of the following cases :
(1) State of Bombay Vs Bombay Hospital Mazdoor Sabha, AIR 1960 SC
(2) Bangalore Water Supply Vs. A.Rajappa, AIR 1978 SC
(3) D.N.Bannerji Vs.P.R.Mukherjee, AIR 1953 SC
(4) University of Delhi Vs.Ramnath, AIR 1963 SC
Answer: Bangalore Water Supply Vs. A.Rajappa, AIR 1978 SC
(10) Out of the following one of the modes is not a dispute settlement under the Industrial Dispute Act, 1947
(1) Conciliation
(2) Adjudication
(3) Alternate Dispute Resolution
(4) Arbitration
Answer: Alternate Dispute Resolution
(11) The qualifications of a person who cannot be appointed as presiding officer of the Labour Court
(1) He is or has been a Judge of a High Court
(2) He has for a period of not less than three years, been a District Judge or an Additional District Judge
(3) He has been Civil Judge for 2years
(4) He has held any Judicial Office in India for not less than seven years
Answer: He has been Civil Judge for 2years
(12) The Registrar cannot withdraw or cancel registration of a Trade Union if
(1) the application of the Trade Union is in the proper form on verification
(2) the certificate of registration has been obtained by fraud or mistake
(3) the Trade Union has ceased to exist
(4) the Trade Union has wilfully after a notice from the Registrar contravened the Provisions of the Act
Answer: the application of the Trade Union is in the proper form on verification
(13) Any person who has attained the following age may be a member of a registered Trade Union
(1) 18 years
(2) 17 years
(3) 16 years
(4) 15 years
Answer: 15 years
(14) The workmen are not entitled to lay off compensation in one of the following cases :
(1) An industrial establishment in which less than fifty workmen on an average per working day have been employed
(2) An industrial establishment inwhich less than one hundred workmen on an average per working day have been employed
(3) An industrial establishment in which less than two hundred and fifty workmen on an average per working day have been employed
(4) An industrial establishment in which less than five hundred workmen on an average per working day have been employed
Answer: An industrial establishment in which less than fifty workmen on an average per working day have been employed
(15) Which one of the following features does not support the federal character of Indian Constitution ?
(1) Distribution of powers between Centre and States
(2) Authority of Courts
(3) Supremacy of the Constitution
(4) Single citizenship
Answer: Single citizenship

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