Law Questions and Answers - Set 32

1 Read Assertion (A) and Reason (R) and answer the reasonableness using the ‘code’ given below :

Assertion (A) : Section 304-A is directed at offences outside the range of Sections 299 and 300. Reason (R) : It contemplates those acts into which neither intention nor knowledge enters. Codes :

1 Both (A) and (R) are correct as the act results from rash and negligence act

2 (A) is correct as certain acts are unjustifiable while (R) is not the correct reason as it falls short of culpable homicide

3 (R) is correct while (A) is incorrect application to the rule of culpable homicide to cause murder

4 Both (A) and (R) are incorrect statement as to imposing penalty

View Answer

Answer: Both (A) and (R) are correct as the act results from rash and negligence act

2 Read Assertion (A) and Reason (R) and answer using codes given below :

Assertion (A) : Multiple Trade Unions in industries and the consequential necessity for selecting one as the recognised union by the management devising a method on democratic principles is necessary. Reason (R) : The Union which represents the largest number of workmen working in the undertaking must acquire the status as that would be in tune with the concept of Industrial democracy. Codes :

1 (A) and (R) are correct and (R) is the correct explanation of (A)

2 (A) and (R) are correct and (R) is not the correct explanation of (A)

3 (A) is correct, but (R) is wrong

4 (A) is wrong, but (R) is right

View Answer

Answer: (A) and (R) are correct and (R) is the correct explanation of (A)

3

“The working class unfamiliar with the sophistications of definitions and shower of decisions, unable to secure expert legal opinion, what with poverty pricing them out of justice market and denying them the staying power to withstand the multi-decked litigative process, defacto is denied social justice if legal drafting is vagarious, definitions indefinite and court rulings contradictory.”

The above remarks were made in support of an expensive definition of “Industry” by one of the following justice :

1 Justice O. Chinnappa Reddy

2 Justice V.R. Krishna Iyer

3 Justice Gajendragadkar

4 S.P. Bharucha

View Answer

Answer: Justice V.R. Krishna Iyer

4 Which one of the following is incorrect ?

1 Workman whose name is borne on the muster rolls of an industrial establishment and who has completed one year of continuous service under an employer is laid off, whether continuously or intermittently shall be paid by the employer for all days during which he is so laid off except for such weekly holidays

2 Termination on the ground of misconduct or continued ill health of a workman is not a retrenchment

3 Lock-out means the permanent closing of a place of employment, or the total suspension or the refusal by an employer to continue to employ any number of persons employed

4 The right to close down the business, trade or undertaking is subject to payment of compensation to the workers engaged in the business immediately before the closure

View Answer

Answer : Lock-out means the permanent closing of a place of employment, or the total suspension or the refusal by an employer to continue to employ any number of persons employed

5 Reference of an Industrial Dispute, the subject matter of which is covered by a settlement as defined in Section 2(P) of the Act would be :

1 valid during the operation of such settlement

2 invalid during the operation of such settlement

3 valid and subject to the importance of Industrial Dispute

4 voidable at the option of the parties to the dispute during the operation of such settlement

View Answer

Answer: invalid during the operation of such settlement

6 Read Assertion (A) and Reason (R) and answer using codes given below :

Assertion (A) : The retention of Industrial Adjudication is necessary till all Trade Unions attain sufficient strength to bargain with employers, from a position of equality. Reason (R) : Collective Bargaining presently provides only lip services, whereas in practice it has perpetuated Adjudication. Codes :

1 (A) and (R) are correct and (R) is the correct explanation of (A)

2 (A) and (R) are correct, but (R) is not the correct explanation of (A)

3 (A) is correct, but (R) is wrong

4 (A) is wrong, but (R) is right

View Answer

Answer: (A) and (R) are correct and (R) is the correct explanation of (A)

7 Read Assertion (A) and Reason (R) and give the correct answer with the help of codes given below :

Assertion (A) : A State made law on any matter of Concurrent List prevails not-withstanding any repugnancy with an earlier law made by the Parliament. Reason (R) : The Parliament can make a law, on any matter in the Concurrent List that prevails over any repugnant state law. Codes :

1 (A) and (R) are true and (R) is the correct explanation of (A)

2 (A) and (R) are true, but (R) is not the correct explanation of (A)

3 (A) is false, but (R) is true

4 (A) is true, but (R) is false

View Answer

Answer: (A) and (R) are true and (R) is the correct explanation of (A)

8 Read Assertion (A) and Reason (R) and give the correct answer with the help of codes given below :

Assertion (A) : The President of India has a right to seek advisory opinion of the Supreme Court of India on a question of law or fact has arisen or likely to arise, which is of such nature and of such public importance. Reason (R) : The Constitution of India makes it obligatory for the President to accept the advice rendered by the Supreme Court of India. Codes :

1 (A) and (R) are true and (R) is the correct explanation of (A)

2 (A) and (R) are true, but (R) is not the correct explanation of (A)

3 (A) is true, but (R) is false

4 (A) is false, but (R) is true

View Answer

Answer: (A) is true, but (R) is false

9 Read Assertion (A) and Reason (R) and give the correct answer with the help of codes given below :

Assertion (A) : An accused person is guaranteed under the Constitution of India the right to be informed of the nature and cause of his accusation. Reason (R) : The accused person has to be produced before the nearest District Judge within twenty four hours. Codes :

1 (A) and (R) are true and (R) is the correct explanation of (A)

2 (A) and (R) are true, but (R) is not the correct explanation of (A)

3 (A) is false, but (R) is true

4 (A) is true, but (R) is false

View Answer

Answer: (A) is true, but (R) is false

10 Read Assertion (A) and Reason (R) and give the correct answer with the help of codes given below :

Assertion (A) : Subject to anything in this Constitution, Parliament may in exercise of its constituent power amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this article. Reason (R) : Above statement is Article 368(1) of the Indian Constitution. Codes :

1 Both (A) and (R) are correct and (R) is correct reason of (A)

2 Both (A) and (R) are wrong

3 (A) is wrong, but (R) is right

4 (R) is wrong, but (A) is right

View Answer

Answer: Both (A) and (R) are wrong

11 Read Assertion (A) and Reason (R) and give the correct answer with the help of codes given below :

Assertion (A) : No person to be eligible for election in, or to claim to be included in a special electoral roll on grounds of religion, race, caste or sex. Reason (R) : Above statement is title of Article 325 of the Indian Constitution. Codes :

1 Both (A) and (R) are correct and (R) is correct reason for (A)

2 Both (A) and (R) are wrong

3 (A) is wrong, but (R) is right

4 (R) is wrong, but (A) is right

View Answer

Answer: Both (A) and (R) are wrong

12 Discretion, when applied to a court of justice, means sound discretion guided by law. It must be governed by rule, not by humour; it must not be arbitrary, vague and fanciful but legal and regular. This observation was made in

1 Union of India V. Kuldeep Singh

2 Reliance Airport Developers (P) Ltd. V. Airports Authority of India

3 Maneka Gandhi V. Union of India

4 National Insurance Co. Ltd V. Keshav Bahadur

View Answer

Answer: Reliance Airport Developers (P) Ltd. V. Airports Authority of India

13 Under which of the following condition(s) a writ of mandamus can be granted ? Give correct answer by using the codes

There must be a public duty
There must be a specific demand and refusal
There must be a clear right to enforce the duty
The right must be subsisting on the date of the petition

Codes :

1 All a, b, c and d are correct

2 Only a, b and c are correct

3 Only a and c are correct

4 Only a and b are correct

View Answer

Answer: All a, b, c and d are correct

14 In which one of the following cases, the Supreme Court made it explicit that ‘even when the authority has statutory power to take action without hearing, it would be arbitrary to take action without hearing and, thus, violative of Article 14 of the Constitution’ ?

1 A.K. Kraipak V. Union of India

2 Union of India V. Satish Chandra

3 A.K. Roy V. State of Punjab

4 H.L. Trehan V. Union of India

View Answer

Answer: H.L. Trehan V. Union of India

15 Read the Assertion (A) and Reason (R) and give the correct answer with the help of codes given below :

Assertion (A) : A writ of prohibition can be issued on the same grounds on which the writ of certiorari can be issued except in case of an error of law apparent on the face of the record. Reason (R) : A writ of certiorari is issued at a stage when proceedings are in progress, to forbid the authority from continuing the proceedings whereas a writ of prohibition is issued at a stage when the authority has given a final decision, to quash the decision. Codes :

1 Both (A) and (R) are true and (R) is the correct explanation of (A)

2 Both (A) and (R) are true, but (R) is not the correct explanation of (A)

3 (A) is correct, but (R) is false

4 (A) is false, but (R) is correct

View Answer