Law - Facts and Concepts

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Question
CLATENLA12031180


The power to vote money for public expenditure rests in India with ___:
1. Lok Sabha
2. Rajya Sabha
3. Legislative Assembly
4. Legislative Council
Choose the correct option from the codes given below:
  • Only 1 & 2
  • Only 1 & 3
  • Only 1, 2 & 3
  • 1, 2, 3 & 4

Solution

B.

Only 1 & 3

Sponsor Area

Question
CLATENLA12031189


With reference to the State Legislative Council in India, which among the following statements is / are correct?
1. The Legislative Council is a continuing House & two-third of the members retire in two years.
2. Members of local bodies elect one-third of the total number of members of the legislative council
3. If a state legislative council is to be created or abolished , a resolution to that effect is to be first passed by the State legislature by a two-third majority
Choose the correct option from the codes given below:
  • Only 1 & 2
  • Only 2 & 3
  • Only 1 & 3
  • 1, 2 & 3

Solution

B.

Only 2 & 3

Question
CLATENLA12031616

Principle: An employer is liable for the negligence of his employee. But an employer is not liable for the negligence of his employee if the victim of such negligence is one of his other employees.
Facts: ‘A’ and ‘B’ were working in a factory as unskilled labourers. A was carrying a basket of stones on his head. B was sitting on the ground. When A crossed B, all of a sudden a stone fell down from the basket and hit B on his head. B died immediately. 
  • The owner of the factory will be liable 

  • A and the owner of the factory shall be jointly liable 

  • The owner of the factory will not be liable 

  • None of the above

Solution

C.

The owner of the factory will not be liable 

Question
CLATENLA12031621

Principle: An interest which is created on a transfer of property and depends upon thefulfillmentof a condition will fail if the fulfillment of the condition is impossible or is forbidden by lawor is of such a nature that, if permitted, it would defeat the provisions of any law or isfraudulent or involves or implies injury to the person or property of another or the courtregards it as immoral or opposed to public policy.
Facts: A gives Rs. Ten Lacs to B on condition that B shall marry A’s daughter C. On the date
on which A gave Rs. Ten Lacs to B, C was dead.
  •  B’s interest in Rs. Ten Lacs fails because of impossibility
  • B’s interest in Rs. Ten Lacs fails because of immorality
  • B’s interest in Rs. Ten Lacs fails because of prohibition by law
  • B’s interest in Rs. Ten Lacs does not fail
     

Solution

A.

 B’s interest in Rs. Ten Lacs fails because of impossibility

Question
CLATENLA12031630

Principle: An unlawful interference with a person’s use or enjoyment of land, or some right over, or in connection with it, is a nuisance in law of tort.
Facts: During the scarcity of onions, long queues were made outside the defendant's shop who has a license to sell fruits and vegetables used to sell only 1 Kg. of onion per ration card. The queues extended onto the highway and also caused some obstruction to the neighbouring shops. The neighbouring shopkeepers filed a suit for nuisance against the defendant. Which one of the following decisions will be correct in this suit?
  • The defendant is liable for nuisance
  • The defendant is not liable for nuisance
  • The defendant is liable under the principle of strict liability
  • The plaintiff’s suit should be decreed in favour of the neighbouring shopkeeper

Solution

A.

The defendant is liable for nuisance

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