Subject

Legal Aptitude

Class

CLAT Class 12

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 Multiple Choice QuestionsMultiple Choice Questions

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31.

Principle: Whoever drives any vehicle. or rides. on any public way in a manner so rash or negligent as to endanger human life. or to be likely to cause hurt or injury to any other person, has committed an offence. which shall be punished in accordance with the law.

Facts: ‘X’ a truck driver, driving his vehicle rashly and negligently at a high speed climbed the footpath and hit ‘Y’ a pedestrian from behind causing his death.

  • ‘X’ is not guilty of rash and negligent driving
  •  ‘Y’ should have taken sufficient care on the footpath
  •  ‘X’ is guilty of rash and negligent driving
  •  ‘X’ is guilty of rash and negligent driving


C.

 ‘X’ is guilty of rash and negligent driving
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32.

Principle: Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death. or with the knowledge that he is likely by such act to cause death. commits the offence of culpable homicide.

Facts: ‘A’ knows ‘Z’ to be behind a bush. ‘B’ does not know it. ‘A’ intending to cause or knowing it to be likely to cause ‘Z’s death induces ‘B’ to fire at the bush. ‘B’ fires and kills ‘Z’.

  • ‘B’ has committed the offence of culpable homicide
  • ‘B’ has committed the offence of culpable homicide
  •  Both ‘A’ and ‘B’ have committed the offence of culpable homicide
  •  Both ‘A’ and ‘B’ have committed the offence of culpable homicide
69 Views

33.

Principle: Whoever, intending to take dishonestly any movable property out of the possession of any person without that person„s consent. moves that property in order to such taking. is said to commit theft.

Facts: ‘Z’ going on a journey. entrusts his plate to the possession of ‘A’ the keeper of a warehouse, till ‘7’ shall return. Then ‘A’ carries the plate to a goldsmith and sells it.

  •  ‘A’ has committed theft
  •  ‘A’ has not committed theft
  •  ‘A’ lawfully sold the plate to the goldsmith
  •  ‘A’ lawfully sold the plate to the goldsmith
65 Views

34.

 Principle: Whoever makes any false document or part of a document with intent to cause damage or injury. to the public or to any person. or to support any claim or title. or to cause any person to part with property. or to enter into any express or implied contract. or with intent to commit fraud or that fraud may be committed, commits forgery.

Facts: ‘A’ without Z’s authority affixes Z’s seal to a document purporting to be a conveyance of an estate from to ‘A’ with the intention of selling the estate to ‘B’ and thereby of obtaining from ‘B’ the purchase-money.

  •  ‘B’ has committed forgery
  • ‘Z’ has committed forgery
  • ‘A’ has committed forgery
  • ‘A’ has committed forgery
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35.

Principle: Whoever intentionally uses force to any person. without that person‟s consent. In order to the committing of any offence. or intending by the use of such force to cause. Or knowing it to be likely that by the use of such force he will cause injury. fear or annoyance to the person to whom the force is used. is said to use criminal force to that other.

Facts: ‘Z’ is riding in a palanquin. ‘A’, intending to rob ‘Z’ seizes the pole and stops the palanquin. Here ‘A’ has caused cessation of motion to ‘Z’ and ‘A’ has done this by his own bodily power.

  • ‘A’ has used criminal force to ‘Z’
  •  ‘A’ has no intention to use ctiminal force to ‘Z’
  • ‘A’ has used force with the consent of ‘Z’
  • ‘A’ has used force with the consent of ‘Z’
56 Views

36.

Principle: One of the essential conditions for a marriage between any two persons to be solemnized under the Special Marriage Act. 1954 is that at the time of the marriage the male has completed the age of twenty-one years and the female the age of eighteen years. If the said condition is not fulfilled such a marriage is null and void.

Facts: ‘A’, a male aged twenty-two years, proposes to marry ‘B’ , a female aged sixteen years. At Delhi in the month of June 2014 under the Special Marriage Act, 1954.

  • Marriage between ‘A’ and ‘B’ can be legally solemnized under the Special Marriage Act. 1954
  • Marriage between ‘A’ and ‘B’ cannot be legally solemnized under the Special Marriage Act, 1954
  • Marriage between ‘A’ and ‘B’ can remain valid for A under the Special Marriage Act. 1954
  • Marriage between ‘A’ and ‘B’ can remain valid for A under the Special Marriage Act. 1954
56 Views

37.

Principle: Under the Hindu Marriage Act, 1955 either the husband or the wife can move a petition for a decree of divorce on the ground of desertion. The term „desertion‟ means desertion of the petitioner by the other party to the marriage for a continuous period of not less than two years immediately preceding the presentation of the petition. without reasonable cause and without the consent or against the wish of such party and includes the willful neglect of the petitioner by the other party to the marriage. and its grammatical variations and cognate expressions shall be construed accordingly. It is also said that desertion is withdrawal not from a place but from a state of things.

Facts: Rohan. a technocrat. went to US in January 201 l for pursuing his higher studies for a period of three years. ln fact, Rohan went to US with the consent of his wife Basanti. who stayed at her parents‟ home, and with a promise of his return to India upon the completion of his studies. From US he has quite often been in touch with his wife. Subsequently. Rohan has got a job there in US and he wishes to take his wife. She refuses to go to US and. in the meanwhile. She files a petition for a decree of divorce on the ground of desertion by her husband.

  • Rohan’s three year stay in US in the above context can amount to a ground of desertion for divorce.
  • Rohan‟s three-year stay in US in the above context cannot amount to a ground of desertion for divorce.
  • Rohan’s continued stay after three years can amount to a ground of desertion for divorce.
  • Rohan’s continued stay after three years can amount to a ground of desertion for divorce.
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38.

Principle: Under the Hindu Adoptions and Maintenance Act, I956, no person shall be capable of being taken in adoption unless he or she is a Hindu, he or she not already been adopted, he or she has not been married, unless there is a custom or usage applicable to the parties which permits persons who are married being taken in adoption, and he or she has not completed the age of fifteen years, unless there is a custom or usage applicable to the parties which permits persons who have completed the age of fifteen years being take in adoption.

Facts: Vijay being natural father had given Tarun, a boy aged 10 years. in adoption to Manoj in March 2010 in accordance with the Hindu Adoptions and Maintenance Act, 1956. In May 2o12 Manoj gave Tarun in adoption to Sanjay.

Subsequently in December 2013, Sanjay gave Tarun in adoption to Vijay.

  • Adoption of Tarun by Sanjay is valid
  • Adoption of Tarun by Vijay is valid
  • Adoption of Tarun by Manoj is valid
  • Adoption of Tarun by Manoj is valid
58 Views

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39.

Principle: Under copyright law copyright subsists in original literary works also. A literary work need not be of literary quality. Even so prosaic a work as an index of railway stations or a railway‟ guide or a list of stock exchange quotations qualifies as a literary work if sufficient work has been expended in compiling it to give it a new and original character.

Facts: Michael works hard enough. walking down the streets. taking down the names of people who live at houses and makes a street directory as a result of that labour.

  • Michael’s exercise in making a street directory is sufficient to justify in making claim to copyright in that work which is ultimately produced
  • Michael‟s exercise in making a street directory is not enough to justify in making claim to copyright in that work
  • A street directory cannot be enough to be considered as a literary work
  • A street directory cannot be enough to be considered as a literary work
70 Views

40.

 Principle: Every person shall be liable to punishment under the Indian Penal Code and not otherwise for every act or omission contrary to the provisions of the Code of which he shall be guilty within the territory of India. In other words. the exercise of criminal jurisdiction depends upon the locality of the offence committed and not upon the nationality or locality of the offender.

Facts: ‘X’, a Pakistani citizen, while staying at Karachi, made false representations to ‘Y’, the complainant, at Bombay through letters, telephone calls and telegrams and induced the complainant to part with money amounting to over rupees five lakh to the agents of ‘X’ at Bombay, so that rice could be shipped from Karachi to India as per agreement. But the rice was never supplied to the complainant.

  • The offence of cheating under section 420 of the Code was committed by ‘X’ within India, even though he was not physically present at the time and place of the crime
  • The offence of cheating as per section 420 of the Code was not committed by ‘X’ within India, as he was not physically present at the time and place of the crime
  • Only the agents of ‘X’ had committed the offence of cheating under section 420 of the Code within India, as they were physically present at the time and place of the crime
  • Only the agents of ‘X’ had committed the offence of cheating under section 420 of the Code within India, as they were physically present at the time and place of the crime
68 Views

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