Law Questions and Answers - Set 46

1 The judicial reforms unfolding the mistry behind medicalisation of consent in rape cases has an impact of less nuanced understanding by the phallocentric society is based on

1 Compromise is Rape cases

2 Ramification against sanctions of law in rape cases

3 Resulting out of love affairs against the societal codes

4 Juvenile governance of gender issues

View Answer

Answer: Juvenile governance of gender issues

2 When a minor leaves her parental house completely without any inducement from the accused, then what offence it amounts to ?

1 Abduction

2 Enticing

3 Kidnapping

4 No offence

View Answer

Answer: No offence

3 Which of the following distinctive feature do not relate to wrongful restraint and wrongful confinement ?

1 Wrongful restraint is partial restraint of personal liberty while wrongful confinement is absolute restraint of personal liberty

2 Wrongful restraint implies wrongful confinement

3 ‘Wrongful confinement’ requires circumscribing limits while ‘wrongful’ representation is boundaryless

4 In wrongful confinement there is restriction of movement in all directions, while in wrongful restriction the movement is not total restriction in all directions

View Answer

Answer: Wrongful restraint implies wrongful confinement

4 Rejection or modification of Award may be made by the Appropriate Government by a Notification

1 On the ground of National Economy or Social Justice

2 On the ground of error in the Award

3 On the ground of prejudice caused to a section of workers

4 On the ground of Quantum of Award

View Answer

Answer : On the ground of National Economy or Social Justice

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

Assertion (A) : The power to refer disputes to Industrial Tribunals and enforce their awards is an essential corollary to the obligation that lies on the Government to secure conclusive determination of the disputes with a view to redressing the legitimate grievances of the parties. Reason (R) : Such obligation arise from the imposition of restraints on the rights of strike and lock-out. 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 true, but (R) is false

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

View Answer

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

6 Under the Industrial Disputes Act, the Conciliation Officer has

1 Legal duty and can summon the parties for an amicable settlement

2 No legal duty till some action is taken against the workman and can only persuade the parties for an amicable settlement

3 Legal duty for which a writ of Mandamus lie

4 Legal duty coupled with adjudicatory powers

View Answer

Answer: No legal duty till some action is taken against the workman and can only persuade the parties for an amicable settlement

7 Which one of the following statement is correct under the Industrial Disputes Act ?

1 Collective Bargaining agreements are enforceable as a settlement arrived as between workers and employers

2 Collective Bargaining agreements are treated as gentlemen agreement and hence enforcement depends on goodwill of the parties

3 Collective Bargaining agreements are not enforceable until it is approved by the Government

4 Collective Bargaining agreements are enforceable only through court of law

View Answer

Answer: Collective Bargaining agreements are enforceable as a settlement arrived as between workers and employers

8 “To deter reckless, unjust, unfair or malafide closure, the requirement of a prior permission for closure by itself cannot be unreasonable restriction on the fundamental right of an employer” was observed in one of the following case :

1 Excel Wear V/s. Union of India

2 Hindalco Industries Ltd. V/s Union of India

3 Workmen V/s. Meenakshi Mills Ltd

4 Papanasam Labour Union V/s. Madura Coats Ltd. and another

View Answer

Answer: Excel Wear V/s. Union of India

9 Which one of the following statement is right ?

1 A Registered Trade Union can create a separate political fund for the promotion of civic and political interests of its members

2 A Registered Trade Union cannot enter into contract with anyone in its own name

3 A Registered Trade Union cannot enter into agreement with its members

4 A Registered Trade Union cannot acquire, hold and dispose of movable properties

View Answer

Answer: A Registered Trade Union can create a separate political fund for the promotion of civic and political interests of its members

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

Assertion (A) : By amendment, the parliament cannot destroy the Basic features of the Constitution of India. Reason (R) : The power to amend, does not include the power to abrogate the Constitution of India. Codes :

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

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

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

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

View Answer

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

11 The Special Bench of the Supreme Court unanimously observed that, even petitions filed under Article 32 are subject to the general principle of res judicata in one of the following cases

1 M.S.M. Sharma v/s. Dr. Sree Krishna Sinha

2 S.P. Gupta v/s. Union of India

3 Charanlal Sahu v/s. K.R. Narayanan

4 Ranji Thomas v/s. Union of India

View Answer

Answer: M.S.M. Sharma v/s. Dr. Sree Krishna Sinha

12 Which of the following Article/Articles of the Constitution empowers the Parliament and the Legislature of a State to create ‘the contingency Fund of India’ or “the Contingency Fund of the State”?

265
266
267
268

Codes :

1 (i), (ii) and (iv)

2 (i), (iii) and (iv)

3 (ii) and (iii)

4 (iii) only

View Answer

Answer: (iii) only

13 In case of a bill other than money bill the State Legislative Council

1 can veto the bill

2 cannot veto the bill

3 request a joint session of the Legislature

4 send the fill back for reconsideration

View Answer

Answer: send the fill back for reconsideration

14 In case of inconsistency between the laws made by Parliament and the laws made by the State Legislature, which one of the following shall prevail ?

1 The Law made by Legislature of the State

2 The Law made by Parliament before the Law made by Legislature of the State

3 The Law made by Parliament after the law made by the State

4 The Law made by Parliament either before or after the law made by the Legislature of the State

View Answer

Answer: The Law made by Parliament either before or after the law made by the Legislature of the State

15 The term ‘Law’ includes every branch of Law, yet there is difference between Constitutional law made in exercise of Sovereign Powers and hence an amendment is not covered within the definition of Law provided in Article 13(2) and (3) of the Constitution of India. This observation was made by the Supreme Court in

1 Sajjan Singh v/s. State of Rajasthan

2 Sankari Prasad v/s. Union of India

3 Golaknath v/s. State of Punjab

4 Maneka Gandhi v/s. Union of India

View Answer