Q. 131. What is meant by the Legal Maxim “non compos mentis”?
(A) body recovered from crime scene which is not fully decomposed.
(B) Not in possession of one’s mind
(C) Body not in a decomposed state of condition
(D) None of the above.
Answer:
Explanation:
Q. 132. Principal: An offer can be accepted only when the acceptor has knowledge of such offer.
Facts: Mr. Arpit offers to pay a reward of Rs.10,000, to anyone who finds his watch, Mr. Mithilesh, without knowledge of the offer made by Mr. Arpit, finds and returns the watch. Which of the following derivation is CORRECT?
(A) Mr. Mithilesh can claim the reward offered by Mr. Arpit, because he finds and returns the watch.
(B) Mr. Mithilesh cannot claim the reward amount as the offer made by Mr. Arpit was frivolous.
(C) Mr. Mithilesh cannot claim the reward because he did not have knowledge of the offer made by Mr. Arpit.
(D) None of the above
Answer:
Explanation:
Q. 133. Principle: According to the law of trade unions in India, no suit or other legal proceeding shall be maintainable in any civil court against any registered trade union or any officer or member thereof in respect of any act done in contemplation or in furtherance of a trade dispute.
Facts: Soloman, the Secretary of a registered Trade Union took a loan from a Bank for the higher education of his daughter. Soon after completing the course, she was married to an NRI Engineer. Solomon did not repay the loan. The Bank demanded the payments from Soloman and warned him that the Bank will take suitable legal action against him. Which of the following derivation is CORRECT?
(A) The Bank can file a suit for recovery of the loan amount against Soloman as he took the loan for a personal purpose and in such case no immunity will work.
(B) The Bank can recover the loan amount from the Trade Union as Soloman is the Secretary of the Union.
(C) The Bank cannot initiate any action against Soloman as he is the Secretary of a Registered Trade Union.
(D) As Soloman did not use the loan amount for his use and hence, no action can be initiated against him.
Answer:
Explanation:
Q. 134. Principle: The Constitution of India guarantees certain fundamental rights to its citizens. The Constitution also provides that these rights cannot be taken away by state even by a law. For violation of this, the person adversely affected by the law may approach the High Court or the Supreme Court for the issuance of an appropriate writ. One of these rights includes the freedom to form association that implies the right to join an association or not to join such an association.
Facts: Owing to some industrial disturbances created by XATU, one of the several trade unions in AB Chemicals (Pvt) Ltd., the Company issued a circular to all its employees that as far as possible the employees may disassociate with XATU. Navin is an employee of AB Chemicals and the current General Secretary of XATU. Aggrieved by this circular, which affected the fundamental rights of his and other members of the Union, approaches the High Court of the state for a relief. Identify the most reasonable legal proposition.
(A) The Company’s circular is illegal and has to be quashed by the Court.
(B) the rule on restricting fundamental rights only applies to the state and not to individuals and hence Navin will not get any relief from the High Court.
(C) Circular issued by a Company amounts to law in the constitutional sense and hence the High Court can issue a writ as pleaded for by Navin.
(D) The circular interferes with the freedom guaranteed by the Constitution and hence the High Court can issue an appropriate writ.
Answer:
Explanation:
Q. 135. Principle: An agreement to do an impossible act is void.
Facts: Ms. Rajani agrees with Mr. Bala to discover treasure by magic. Which of the following derivation is CORRECT?
(A) The act is not void because the act is capable of being performed.
(B) The act is not void because it is not forbidden by law.
(C) The act is void because the agreement to discover the treasure by magic is impossible.
(D) None of the above
Answer:
Explanation: