Law Questions and Answers - Set 43

1 The prescriptive right of easement of access and use of light and air can be acquired if it has been :

Enjoyed with interruption
As a matter of concession
Enjoyed without interruption as right
For twenty years

Codes :

1 (a) and (b) are incorrect and (c) and (d) are correct

2 (a) and (d) are incorrect and (b) and (c) are correct

3 (a) and (c) are correct and (b) and (d) are incorrect

4 (b) and (a) are correct and (d) and (c) are incorrect

View Answer

Answer: (a) and (b) are incorrect and (c) and (d) are correct

2 Which of the following is not true about the slander form of defamation ?

1 Statement is made in some transient form

2 It is addressed to ear

3 Slander is always a criminal offence

4 It is not actionable in absence of proof of actual damage

View Answer

Answer: Slander is always a criminal offence

3 Arrange the following cases in the chronological order by using codes :

Municipal Corporation of Delhi V. Sushila Devi
Shyam Sunder V. State of Rajasthan
Pushpabai V. Ranjit Ginning and Pressing Co
Syad Akbar V. State of Karnataka

Codes :

1 (d), (a), (b) and (c)

2 (b), (c), (d) and (a)

3 (b), (a), (c) and (d)

4 (a), (b), (c) and (d)

View Answer

Answer: (b), (c), (d) and (a)

4 What are the rights of consumers which are to be protected and promoted by Consumer Councils under the Consumer Protection Act ? Answer by using codes below :

Protection against marketing of goods and services which are hazardous to life and property
Information about quality, quantity and price of goods and services
Access to a variety of goods and services at competitive prices
Consumer education

Codes :

1 Only (a) is correct

2 Only (b) and (c) are correct

3 Only (a), (b) and (c) are correct

4 (a), (b), (c) and (d) are correct

View Answer

Answer : (a), (b), (c) and (d) are correct

5 If a complaint is found frivolous or vexatious under the Consumer Protection Act, complainant shall pay to opposite party the cost :

As specified by orders of the court
Dismissal of complaint without any cost
Not exceeding ten thousand rupees
One-tenth of the amount claimed as relief

Codes :

1 Only (a) and (c) are correct

2 Only (c) and (d) are correct

3 Only (b) and (d) are correct

4 Only (a) and (b) are correct

View Answer

Answer: Only (a) and (c) are correct

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

Assertion (A) : It shall not be a defence in a prosecution for an offence under Section 138 of the Negotiable Instrument Act that the drawer had no reason to believe when he issued the cheque that the cheque may be dishonoured on presentment for the reason stated in that Section. Reason (R) : Above assertion is laid down in Section 140 of the Negotiable Instrument Act. Codes :

1 Both (A) and (R) are wrong

2 Both (A) and (R) are right and (R) is correct explanation of (A)

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

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

View Answer

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

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

Assertion (A) : Payer alone, whether a corporeal person or incorporeal person, shall be competent in case of dishonour of cheque. Reason (R) : Because Section 138 of Negotiable Instrument Act mandates so. Codes :

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

2 Both (A) and (R) are wrong

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

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

View Answer

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

8 Which of the following statement is correct ?

1 A condition is a stipulation essential to any purpose of the contract

2 A warranty is a stipulation collateral to any purpose of the contract

3 When a buyer waives a warranty, it becomes a condition

4 Where a contract of sale is not severable and the buyer has accepted the goods or part thereof, the breach of any condition to be fulfilled by the seller can only be treated as a breach of warranty and not as a ground for rejecting the goods and treating the contract as repudiated, unless there is a term of the contract, express or implied to that effect

View Answer

Answer: Where a contract of sale is not severable and the buyer has accepted the goods or part thereof, the breach of any condition to be fulfilled by the seller can only be treated as a breach of warranty and not as a ground for rejecting the goods and treating the contract as repudiated, unless there is a term of the contract, express or implied to that effect

9 Which of the following partnerships are legal ? Answer using the codes given below :

Twelve members forming a banking firm
A partnership to create a monopoly
Twenty members forming a firm for tea trade on a railway platform
Trustees carry on business of a firm in their own name

Codes :

1 (a), (b), (c) and (d)

2 (b), (c) and (d) only

3 (b) and (c) only

4 (c) and (d) only

View Answer

Answer: (c) and (d) only

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

Assertion (A) : Notwithstanding a contract between the partners, a partner shall not indemnify the firm for any loss caused to it by his wilful neglect in the conduct of the business of the firm. Reason (R) : Because Section 13(f) of Indian Partnership Act stipulates so. Codes :

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

2 Both (A) and (R) are wrong

3 (A) is right and (R) is wrong

4 (R) is right and (A) is wrong

View Answer

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

11 The objectives of the Preamble of the Constitution of India were first

1 Adopted by the Indian National Congress at its Calcutta Session

2 Spelt it out in the Indian Independence Act, 1947

3 Spelt out in the Objective Resolution moved by Jawahar Lal Nehru and adopted by the Constituent Assembly on 22nd January, 1947

4 Spelt out by the Chairman of the Drafting Committee Dr. B.R. Ambedkar and adopted on 29th January, 1947

View Answer

Answer: Spelt out in the Objective Resolution moved by Jawahar Lal Nehru and adopted by the Constituent Assembly on 22nd January, 1947

12 In which one of the following cases the Supreme Court of India decided that ‘There is no Fundamental Right to Education for a professional degree that flows from Article 21’ ?

1 Balbir Thomas V/s. Centre for Cellular & Molecular Biology

2 Haobijam Rita Devi V/s. Sikkim Manipal and Technology of Health Sciences University

3 P. Raveendran V/s. Union of India

4 Tumnyak Etc. V/s. AIIMS

View Answer

Answer: Balbir Thomas V/s. Centre for Cellular & Molecular Biology

13 Read Assertion (A) and Reason (R) and give correct answer using the codes given below

Assertion (A) : High Court has no jurisdiction over the State Administrative Tribunal. Reason (R) : Because L. Chandrakumar V/s. Union of India has decided so. Codes :

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

2 Both (A) and (R) are wrong

3 (A) is right and (R) is wrong

4 (A) is wrong and (R) is right

View Answer

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

14 Which of the following statements are correct ?

The executive action taken in the name of Governor is the executive action of the State
The Governor cannot be held personally answerable for any portion of the address to the Joint Session
The Governor is bound to exercise all his powers and functions on the aid and advice of his Council of Ministers
The Governor of a State shall be appointed by the President by Warrant under his hand and seal

Codes :

1 A, B and D

2 A, C and D

3 B, C and D

4 A, B and C

View Answer

Answer: A, B and D

15 The Supreme Court of India while considering the validity of proclamation of emergency under Article 356, said that the proclamation is subject to judicial review in one of the following cases

1 S.R. Bommai V/s. Union of India

2 Makan Singh V/s. State of Punjab

3 State of Maharashtra V/s. Lok Shikshan Sansthan

4 M. Karunanidhi V/s. Union of India

View Answer