CUET PG 2023 Questions 6229417
CUET PG 2023 Questions 6229417
CUET PG 2023
1. The Partnership Act, 1932 does not work under which of the following principle?" and then lists four options:
(a) Limited liability (b) Greatest common advantage
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(c) Good faith (d) Due diligence
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3. Which of the following Maxims does not belong to Law of Torts?
(a) Injuria sine damno
(c) Ut lite pendent ninil innoveteur
(b) Volenti non fit injuria
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(d) Qui facit per alium facit per se
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4.
(a) Negligence
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which of the following does not come within the law of tort:
(b) Vicarious liability (c) Culpable homicide (d) Nuisance
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5. President Rule under Article 356 can be imposed, in a state for maximum period of:
(a) 2 years (b) 3 years (c) 12 months (d) One year
6.
7.
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In which case, it was observed the first time by the SC that equality is antithetic to arbitrariness.
(a) Air India v. Nargesh Meerza & Others
(c) Navtej singh Johar v UOI
(b) A.D.M. Jabalpur v Shivkamn
(d) E.P. Royappa v State of Tamil Nadu and others
8. Which of the following case is case is not related with the tribunals in india
(a) Sampat Kumar V. Union Of India (b) L. Chandra Kumar V. Uinion Of India
(c) Om Kumar V. Union Of India (d) Roser Mathew V. South Indian Bank
12. Which of the following decision of Supreme Court does not deal with Uniform Civil Code
(a) Mohd. Ahmed Khan v. Shah Bano (b) Selvi v. State of Karnataka
(c) Sarla Mudgal v. Union of India (d) John Vallamattom v. Union of India
13. The Lokpal and Lokayukta Act. 2013 came into force in :
(a) 12 December 2013 (b) 26 December 2013
(c) 15 January 2014 (d) 16 January 2014
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14. Which Of The Following Case Is Bible On The Delegated Lagislation
(a) R.v. Burah (b) Mohini Jain v. State Of Karnatka
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(c) S.P. Mittal v. Union Of Inida (d) In Re Delhi Laws Act
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Identify The Form Of Divorce Which Has Been Struck Down By The Supreme Court In Shayara Bano V. Union Of
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India .
(a) A.Talaq-E-Hasan (b) B.Talaq-E-Sunna
16.
(c) Talaq-E-Biddat (d) D.Talaq-E-Tafweez
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The Provisions related to Plea Bargaining added to C.r.P.C, 1973 By Criminal Law (Amendment) Act 2006 are:
17.
(a) Section 265a To M.
(c) Section 265 A To J
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(b) Section 265a To L
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(d) Section 265 A To K
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Out of following which case is not related to rights of arrested person.
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(c) Arnesh Kumar V. State Of Bihar
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(a) Jogendra Kumar V. State Of Uttar Pardesh (b) D.K. Basu V. State Of West Bengal
(d) Bachhan Sibngh V. State Of Punjab
18.
19.
(a) Alen
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Who among the following jurists has divided the formal sources and material sources?
(b) Keeton
(c) Pucta
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(d) Savigny
21. The Theory '' Only Individuals Are The Subjects Of International Law Is Propounded By:
(a) Starke (b) Oppenhieum (c) Kelsen (d) Fenwic
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22. In which of the following year the U.N. General Assembly has created the position of U.N. High Commissioner.
(a) 1946 (b) 1948 (c) 1993 (d) 2008
23. The International Covenant on Economic, Social and Cultural Rights is consisted of ___________articles which are
divided in _________Parts.
(a) 21 Articles : 5 Parts (b) 41 Articles : 8 Parts
(c) 31 Articles : 5 Parts (d) 35 Articles : 8 Parts
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24. In which of the following case, the Supreme Court has held that the states cannot be directed to publish charge sheet
and final reports on state's website for public access?
(a) Anjali Bhardwaj And Others V. Union Of India (2019)
(b) Central Public Information Officer, Supreme Court Of India V. Subhash Chandra Agrawal (2020)
(c) Saurva Das V. Union Of India (2023)
(d) Advocate Union For Democracy And Social Justice V. High Court Of Madhya Pradesh (2023)
25. Application for setting aside arbitral award is made under section __________ of the Arbitration and Conciliation Act,
1996?
(a) Section-30 (b) Section-34 (c) Section-33 (d) Section-24
26. Which is the most appropriate mode of alternative dispute resolution (ADR) to resolve matrimonial disputes.
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(a) Arbitration (b) Negotiation (c) Meditation (d) Conciliation
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28. Term of patent is defined in:
(a) Section 53 of the Patent Act, 1970
(c) Section 55 of the Patent Act, 1970
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(b) Section 54 of the Patent Act, 1970
(d) Section 56 of the Patent Act, 1970
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29.
30.
The term Criminology was coined by
(a) Lambroso (b) Beeker
31.
(a) Beccaria (b) Becker
Which of the following Section of Juvenile Justice Act, 2015 provides that where an offence under the Juvenile Justice
32.
(a) Section 2(54) T
(Care and Protection of Children) Act, 2015 is punishable with imprisonment for a term more than seven years, then
such offence shall be cognizable and non bailable.
(b) Section 24 (c) Section 76
33. Which of the following is a horizontal agreement in the competition Act, 2002?
(a) Resale price maintenance (b) Tie a agreement
(c) Cartel (d) Purchase Price maintenance
35. Out of the following, which is not correct regarding secondary evidence?
(a) Copies made from or compared with the original
(b) Oral accounts of the contents of a document given by some person who has himself seen it.
(c) Counterparts of documents as against the parties who did not execute them,
(d) Oral accounts of the content of a document given by some person who has not himself seen it.
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36. In which of the following section of Indian Evidence Act, 1872 the term ‘conclusive proof is not used?
(a) Section 112 (b) Section 113 (c) Section 41 (d) Section 111
37. Under which Article of Indian Constitution, Goods and Service Tax Council can be is constituted:-
(a) Article 279 (b) Article 279 Ans. (c) Article 280 (d) Article 281
40.
Assertion A: Duties may be classified into primary and secondary duties.
Reason R: Duties are subject to classification.
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Given below are two statements: One is labelled as Assertion A and the other is labelled as Reason R:
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In the light of the above statements, choose the most appropriate answer from the option given below:
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Given below are two statements: One is labelled as Assertion A and the other is labelled as Reason R:
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Assertion A: A person in possession of a thing is deemed to be the owner of the thing.
Reason R: Possession is as good as ownership.
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In the light of the above statements , choose the most appropriate answer from the options given below:
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(a) Both A and R are correct and R is the correct explanation of A
(b) Both A and R are correct But R is NOT the correct explanation of A
(c) A is correct but R is not correct
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(d) A is not correct but R is correct
In the light of the above statements, choose the most appropriate answer from the options given below:
(a) Both A and R are correct and R is the correct explanation of A
(b) Both A and R are correct But R is NOT the correct explanation of A
(c) A is correct but R is not correct
(d) A is not correct but R is correct
43. Given below are two statements : One is labelled as Assertion A and the other is labelled as Reason R
Assertion A: X opens a hotel in front of Z’s hotel. All the customers of Z’s patronize X. Z cannot claim damage.
Reason R: There is latin maxim-Damnum sine Injuria
In the light of the above statements, choose the tr-
most
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(a) Both A and R are correct and R is the correct explanation of A
(b) Both A and R are correct But R is NOT the correct explanation of A
(c) A is correct but R is not correct
(d) A is not correct but R is correct
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44. Given below are two statements : One is labelled as Assertion A and the other is labelled as Reason R
Assertion A: India, that is Bharat shall be Union of States.
Reason R: State have right to recede.
In the light of the above statements, choose the most appropriate answer from the option given below:
(a) Both A and R are correct and R is the correct explanation of A
(b) Both A and R are correct But R is NOT the correct explanation of A
(c) A is correct but R is not correct
(d) A is not correct but R is correct
45. Given below are two statements: One is labelled as Assertion A and the other is labelled as Reason R
Assertion A: Law are only valid if they are just.
Reason R: The aim of law is to secure justice.
In the light of the above statements, choose the most appropriate answer from the option given below:
(a) Both A and R are correct and R is the correct explanation of A
(b) Both A and R are correct But R is NOT the correct explanation of A
(c) A is correct but R is not correct
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(d) A is not correct but R is correct
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46. Given below are two statements : One is labelled as Assertion A and the other is labelled as Reason R
Assertion A: Government of India is a distinct legal personality
Reason R: Because it is capable of suing and being sued.
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In the light of the above statements, choose the most appropriate answer from the option given below:
(a) Both A and R are true correct and R is the correct explanation of A
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(b) Both A and R are true But R is NOT the correct explanation of A
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47.
A. Bailment
B. Pledge
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Arrange the provisions of the Indian Contract Act, 1872 in chronological order section wise.
C. Agency
D. Indemnity
E. Guarantee
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Choose the correct answer from the options given below:
(a) A,B,E,D,E (b) D,E,A,B,C (c) D,E,B,C,A
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(d) A,C,B,D,E
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50. Sequentially arrange the grounds for disqualification under Article 102 of the constitution of India.
A. Undischarged insolvent
B. Not a citizen of India
C. Unsound mind
D. Holds any office to Profit
E. Disqualification by law made by parliament
Choose the correct answer from the options given below:
(a) A,B,C,D,E (b) C,D,A,B,E (c) D,C,B,A,E (d) D,C,A,B,E
51. Sequentially arrange the freedom given under Article 19 of the Constitution of India.
A. Speech and Expression
B. Residence
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C. Movement
D. Association
E. Assembly
Choose the correct answer from the options given below:
(a) A,B,C,D,E (b) A,B,D,C,E (c) A,E,D,C,B (d) A,E,D,B,C
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52. Sequentially arrange the Section given in the Cr. P.C. 1973
A. Tender of Pardon to accomplice
B. Compounding of offences
C. Court to be Open
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D. Legal aid to accused
E. Withdraw from prosecution
53.
(a) A,D,B,C,E (b) D,A,B,E,C
Given below are two statements :
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Choose the correct answer from the options given below
(c) D,A,C,B,E (d) E,C,B,A,AD
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Statement I: Freedom of speech and expression is not absolute under Indian Constitution.
Statement II: The State can make law imposing reasonable restriction on the exercise of right of freedom of speech
and expression in the interest of public morality.
In the light of the above statements. Choose the most appropriate answer1Sfrom
(a) Both Statement I and Statement II are correct
(b) Both Statement I and Statement II are incorrect
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the options given below:
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55. Given below are two statements :
Statement I: A design when registered shall be registered as of the date of the application for registration of design
Statement II: When a design is registered, the registered proprietor of the design shall have a copyright in the
design during Twenty years from the date of registration.
In the light of the above statements. Choose the most appropriate answer from the options given below:
(a) Both Statement I and Statement II are correct
(b) Both Statement I and Statement II are incorrect
(c) Statement I is correct but Statement II is incorrect
(d) Statement I is incorrect but Statement II is correct
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Statement I: The Share capital of a company limited by shares shall be of two kinds.
Statement II: Preference share capital, with reference to any company limited by share, means all shares capital
which it not equity share capital.
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In the light of the above statements. Choose the most appropriate answer from the options given below:
(a) Both Statement I and Statement II are true
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(b) Both Statement I and Statement II are false
(c) Statement I is correct but Statement II is false
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(d) Statement I is incorrect but Statement II is true
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presumption of innocence.
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Statement I: Reverse onus clause like “shall presume” has been criticized by many scholars as violative of
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Statement II: Those offence which contain revers onus clause do not require the prosecution to establish any fact
beyond reasonable doubts.
In the light of the above statements.
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Choose the most appropriate answer from the options given below:
(a) Both Statement I and Statement II are true
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(b) Both Statement I and Statement II are false
(c) Statement I is correct but Statement II is false
(d) Statement I is incorrect but Statement II is true
Statement I: Rape and gang rape of a woman under twelve years of age is punishable with death.
Statement II: Gang rape of a women under Sixteen years of age is punishable with death.
In the light of the above statements.
Choose the most appropriate answer from the options given below:
(a) Both Statement I and Statement II are correct
(b) Both Statement I and Statement II are incorrect
(c) Statement I is correct but Statement II is incorrect
(d) Statement I is incorrect but Statement II is correct
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59. Given below are two statements :
Statement I: 8 Judges bench sitting for deciding any case involving a substantial question of law as to the
interpretation of the Constitution of India is a Constitution Bench.
Statement II: An appeal shall lie to the Supreme Court from any judgment, final order or sentence in a criminal
proceeding of High Court in the territory of India if the High Court has on appeal reversed an order of acquittal of
an accused person and sentenced him for life imprudent.
In the light of the above statements.
Choose the most appropriate answer from the options given below:
(a) Both Statement I and Statement II are correct
(b) Both Statement I and Statement II are incorrect
(c) Statement I is correct but Statement II is incorrect
(d) Statement I is incorrect but Statement II is correct
60. Arrange the following Act on Environment Protection in ascending order of their enactment:
A. Forest (Conservation) Act
B. Biological Diversity Act
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C. National Green Tribunal Act
D. Public Insurance Liability Act
E. Water (Prevention and Control of Pollution) Act
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Choose the Correct answer from the options given below:
(a) A,B,C,D,E Only (b) E,D,C,B,A Only (c) D,E,B,C,A Only
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(d) E,A,D,B,C Only
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61.
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In order to arrange successfully that the defendant has generally been negligent, the claimant must establish.
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A. There has been breach of duty of care on part of the defendant
B. Claimant owes a duty of care
C. Breach of duty of care by claimant
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D. The defendant owes a duty of care to the claimant
E. The Breach of duty of care resulted in the harm suffered bv the claimant.
Choose the Correct answer from the options given below:
62.
(a) A,C,E, Only
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(b) D,B,A Only (c) A, D,E Only (d) D,B,C Only
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64. Which of the principles are connected with Environment law
A. Polluter pays principle
B. Precautionary principle
C. Inter-generational equity
D. Principle of Equity
Choose the most appropriate answer from the options given below:
(a) B,C,D Only (b) D,A,B Only (c) A,B,C Only (d) A,B,C,D Only
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(a) A-I,B-II,C-III,D-IV (b) A-III,B-IV,C-II,D-I (c) A-IV,B-III,C-II,D-I
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(d) A-II,B-I,C-III,D-IV
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Choose the correct answer from the options given below:
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69. Match List I with List II
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Choose the correct answer from the options given below:
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(a) A-I,B-II,C-III,D-IV (b) A-II,B-I,C-IV,D-III (c) A-I,B-III,C-IV,D-II
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(d) A-I,B-IV,C-III, D-II
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ANSWER KEY WITH EXPLANATION
1. (a) Option (a) is correct. The Partnership Act, 1932, This period can be extended in six-month increments,
governs the formation and operation of partnerships up to a maximum of three years, with continued
in India. It outlines the rights, duties, and liabilities of approval from Parliament every six months.
partners. Principles of partnership as per Partnership 6. (d) The new dimension and its surety against the
Act of 1932 are: Partners are bound to carry on the arbitrariness of Article 14 were laid down in the
business of the firm to greatest common advantage, to renowned case of E.P. Royappa V State of Tamil Nadu
be just and faithful to each other, and to render true AIR 1974 SCC 555. Royappa case that the Supreme
accounts and full information of all things affecting the Court laid bare a new dimension to Article 14 which it
firm to any partner, his heir or legal representative. had been a guarantee against arbitrariness. He has
Limited liability: This principle means that partners acknowledged that: “From the very beginning the
are not personally liable for the debts of the Supreme Court held that while Article 14 forbids class
partnership beyond their agreed-upon capital legislation, it doesn’t forbid reasonable classification.”
contributions. However, the Partnership Act does not
provide for limited liability for all partners. For
instance, partners in a firm can be held personally
liable for the firm's debts if they commit fraud or act
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If any statute is found to not suit the important
requirements of Article 14, it’ll be struck down as void
and no act of the legislature might be termed
“arbitrary”.
2.
beyond their authority.
(a) Option (a) is correct. Hadley & Anor v Baxendale & Ors
[1854] EWHC J70 is a leading English contract law
case. It sets the leading rule to determine .
Air India v. Nargesh Meerza & Others: This case dealt
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with the termination of an air hostess's employment
and did not directly address the relationship between
equality and arbitrariness.
consequential damages from a breach of contract: a
breaching party is liable for all losses that the
contracting parties should have foreseen.
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(d) Correct option is (d), Ut lite pendent ninil innoveteur.
The doctrine of Lis Pendens has been expressed or
been derived from the Latin maxim “Ut pendent nihil
innovetur” and that means “during the pendency of
review during emergencies and did not discuss the
issue of equality and arbitrariness.
Navtej singh Johar v UOI: This case, decided in 2018,
focused on the decriminalization of homosexuality and
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suit or litigation, nothing new should be introduced or did not specifically engage with the concept of
nothing should be changed. arbitrariness in relation to equality.
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Injuria sine damno: This maxim means "an injury
without damage." In other words, if someone commits
a wrongful act but it does not cause any harm, then
they cannot be sued for tort.
Volenti non fit injuria: This maxim means "to one who
consents, no injury is done." In other words, if
someone voluntarily consents to an act that would
7. (c) The answer to the question is (c). It must be
recognized by the state. Religious denominations do
not need to be recognized by the state to exist or
practice their beliefs in India.
Article 7U
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25 of the Indian Constitution guarantees the
to freedom of religion, which includes the
freedom to profess, practice, and propagate one's faith.
otherwise be considered a tort, then they cannot sue This right applies to all religions, irrespective of state
for the harm that they suffer. recognition.
Qui facit per alium facit per se: This maxim means Article 26 further grants every religious denomination
"whoever acts through another acts through himself." the right to manage its own affairs in matters of
In other words, a person is liable for the acts of their religion. This includes the right to establish and
agent, as long as the agent was acting within the scope maintain institutions, acquire and administer
of their authority. property, and hold religious beliefs and practices
4. (c) The correct answer is (c), culpable homicide. While it without interference from the state.
involves causing harm, it's classified as a criminal While some religious denominations may choose to
offense and not a tort. Negligence: This refers to the register with the government for various benefits,
failure to exercise reasonable care, resulting in harm such registration is not mandatory and does not affect
to another person. Vicarious liability: This holds one their right to exist or practice their faith.
person responsible for the actions of another, even 8.1F7B (c) The correct answer is c. Om Kumar v. Union of India.
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they didn't directly commit the tort themselves. In India, this case established the doctrine of
Nuisance: This refers to an unreasonable interference Proportionality.
with someone's enjoyment of their property or land. It In S.P. Sampath Kumar v. Union of India, (1987) 1 SCC
can encompass things like loud noises, offensive 124, the constitutional validity of the validity of the
smells, or obstructions that impede access. Administrative Tribunals Act 1985 was challenged on
5. (b) The correct answer is option (b). President's Rule the ground of exclusion of power of judicial review
under Article 356 can be imposed for an initial period both of the Supreme Court under article 32 and of the
of six months with the approval of both houses of High Courts under articles 226 and 227 of the
Parliament. Constitution. During the hearing of the case, the Act
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was amended and the jurisdiction of the apex Court India. The main issue revolved around the
under article 32 was restored. constitutional validity of the Central Government's
The central theme of L. Chandra Kumar V. Uinion Of orders regarding the non-extension of an additional
India, was that the Tribunals cannot and will not be a judge's term and their transfer.
substitute for the power of judicial review that the Maneka Gandhi v. Union of India, was a landmark
Constitution bestows upon the High Courts. The decision of the Supreme Court of India in which the
Tribunals will act as supplementary institutions to Court significantly expanded the interpretation of
assist the High Court while they perform their Article 21 of the Constitution of India. The judgment’s
function. Moreover, the Tribunals will remain under most important feature was the interlinking it laid
the supervision of the High Courts and can in no way down between the provisions of Articles 19, 14 and 21.
be considered as institutions parallel to the High Through this link, the supreme court made these
Courts. provisions inseparable and into a single entity. Now,
In Roser Mathew V. South Indian Bank the Supreme any procedure has to meet all the requirements
Court assessed whether Part XIV of the Finance Act, mentioned under these three articles to be held valid.
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2017 - pertaining to tribunals - was unconstitutionally 12. (b) Option (b) is correct. Out of the given options, the
enacted by the Lok Sabha. Supreme Court decision that does not deal with the
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9. (d) M. Nagaraj Case (2006): Reversed the stance in the Uniform Civil Code is: Selvi v. State of Karnataka. The
Indra Sawhney case: In this case applying the creamy case discusses the legal issues surrounding the use of
layer concept in SC/ST reservation in promotions, the
Supreme court reversed its earlier stance in the Indra
Sawhney case (1992), in which it had excluded the
creamy layer concept on SCs/STs (that was applicable
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specific scientific procedures, such as narcoanalysis,
polygraph testing, and the Brain Electrical Activation
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Profile (BEAP) test, involuntarily in order to aid in
criminal investigations.
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on OBCs). Mohd. Ahmed Khan v. Shah Bano: This landmark case
Directives to the states: The five-judges Bench in dealt with the the right of Muslim women to seek
Nagaraj case upheld the constitutional validity of all
77th, 81st, 82nd, and 85th constitutional amendments
enabling reservation of SC/ST communities in
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promotions, but made certain directives for the states: k maintenance and is considered as one of the landmark
judgments in the development of Muslim Personal
Law.
Sarla Mudgal v. Union of India: The Practice of
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State is not bound to make reservations for SC/ST changing one's religion to have a 2nd marriage
in the matter of promotions. without dissolving the first marriage was held to be
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SC/ST communities in promotions:
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If a State wants to provide reservation to the
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backwardness of the class.
- Show inadequacy of representation of that class While stating the impugned rule as manifest arbitrary
in public employment in addition to compliance legislation, the court also restated the threshold for
of Article 335. integral
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State needs to ensure that its reservation precedents on the issue. The result was a striking
provision does not lead to excessiveness- down of the impugned rule as a violation of Article 14
breaching the ceiling-limit of 50%, or destroying fundamental rights.
the creamy layer principle. 13. (d) Option (d) is correct. The Bill received the Hon'ble
10. (d) The correct answer is Option (d). Article 33 empowers President's assent on 1st January 2014 and was
the Parliament to restrict or abrogate the fundamental notified on the same day as The Lokpal and
rights of the members of armed forces, para-military Lokayuktas Act,2013 (No. 01 of 2014). The Act came
forces, police forces, intelligence agencies, and into force on 16th January, 2014 and has been
analogous forces. amended once in 2016 since its notification.
11. (d) Option (d) is correct. I. R. Coelho v. State of Tamil Nadu, 14. (d) Option (d) is correct. In Re Delhi Laws Act is famous
also known as the Ninth Schedule Case. The Ninth case involving the transfer of legislative authority was
Schedule of the Constitution includes a list of Central In Re the Delhi Laws Act, 1951. The case established
and State laws that cannot be challenged in courts and the rule that while the authority to amend already-
was added by the constitution (First Amendment) Act, 4A 1F 7B existing laws can be assigned to a subordinate
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1951.
The Supreme Court made important clarifications on structure of a law cannot.
the application of the fundamental structure concept 15. (c) Option (c) is correct. In Shayara Bano V. Union of
in the Minerva Mills case. The court found that the India the five-judge bench of the Supreme Court gave
constitution limits parliament’s ability to modify the its decision in favour of Shayara Bano and others. It
constitution. As a result, the parliament cannot use its declared the practice of Triple Talaq unconstitutional
limited authority to grant itself infinite authority. by a 3:2 majority and directed the legislature to take
SP Gupta vs Union of India, also known as the “Judges' measures against it in order to stop the abuse against
Transfer Case” (1981), was a landmark legal case in women. Talaq-e-Biddat or triple talaq is that form in
which marriage is broken in just a few seconds and
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there is no going back and this right lies only with the should ideally occur openly in court or through official
husband. channels to maintain transparency and fairness.
16. (b) Option (b) is correct. Plea Bargaining can be defined as 21. (c) Option (c) is correct. There are certain jurists who
the system of negotiating an agreement between the have expressed the view that in the ultimate analysis
prosecution and defence wherein the defendant of international law it will be evident that only
pleads guilty to a lesser offence or one or more individuals are the subjects of international law.
offences charged in return for a lesser sentence or Professor Kelson is the chief exponent of this theory.
dismissal of other charges. With the introduction of By Kelson, Individual alone is the subject of
sections 265A-256 L to the Code of Criminal international law.
Procedure,1973 by the Criminal Law (Amendment) 22. (c) Option (c) is correct. The post of UN High
Act of 20051 the legislature has officially induced plea Commissioner for Human Rights was established by
bargaining into the Indian Legal system to curb the General Assembly resolution 48/141 of 20 December
problem of back logging of cases in the Indian Courts 1993.
and to alleviate the suffering of under trial prisoners. 23. (c) Option (c) is correct. The Covenant entered into force
m
17. (d) Out of the given cases, the one not directly related to in 1976. The Covenant follows the structure of the
the rights of arrested persons is: d. Bachhan Singh V. UDHR and the ICCPR, with a preamble and thirty-one
o
State of Punjab. It is a well-known landmark judgment articles, divided into five parts.
credited for developing the jurisprudence pertaining 24. (c) Option (c) is correct. In Saurav Das v. Union of India
to the death penalty. It examined whether the death
penalty was in consonance with the provisions of the
Indian Constitution.
Jogendra Kumar V. State Of Uttar Pardesh: A person is
.c
and ors, The Supreme Court dismissed a plea to
publish charge sheets filed by the police, the Central
rs
Bureau of Investigation (CBI) and the Enforcement
Directorate (ED) in public domain and on government
e
not liable to arrest merely on the suspicion of websites. he two judge bench comprising Justice MR
complicity in an offence. There must be some Shah and Justice CT Ravikumar held that chargesheets
reasonable justification in the opinion of the officer
effecting the arrest that such arrest is necessary and
an
justified. Except in heinous offences, an arrest must be
avoided if a police officer issue notice to person to kare not ‘public documents’ and enabling their
free public access violates the provisions of the
Criminal Code of Procedure as it compromises the
rights of the accused, victim, and the investigation
r
attend the Station House and not to leave the Station agencies.
without permission would do. Anjali Bhardwaj And Others V. Union Of India (2019) -
o p
The Supreme Court, in DK Basu vs State of West Bengal
referring to the case of Neelabati Bahera v. State of
Orissa (AIR 1993 SC 1960), reiterated that prisoners
and detainees should not be deprived of their
The High Court has dismissed a plea challenging an
order of Central Information Commission (CIC)
denying information sought regarding the decisions
taken by the Supreme Court Collegium in a meeting
T
Fundamental Rights under Article 21.
Arnesh Kumar vs State of Bihar (2014) case (Arnesh
Kumar Guidelines), is an important ruling by the
Indian Supreme Court. This ruling emphasises that
arrests should not be common, especially when the
potential punishment is less than seven years of
imprisonment.
held on December 12, 2018. T
Central Public Information Officer, Supreme Court Of
India
tr-6U2R 9L
2M 4L1SV.
7U Subhash Chandra Agrawal (2020)- The
Constitution Bench of the Supreme Court of India held
that the Supreme Court is a “public authority” and
hence will fall within the ambit of the Right to
Information Act, 2005 (RTI Act).
18. (c) Option (c) is correct. John Salmond, a legal scholar 25. (b) Option (b) is correct. Section 34 of the Arbitration Act
renowned for his ideologies on law in the field of stipulates that any person aggrieved by an arbitral
jurisprudence, classified the sources of law into mainly award can file an application seeking setting aside of
two categories,i.e., material sources and formal the arbitral award in terms of Sections 34(2), (2-A)
sources. and (3) of the Arbitration Act, 1996. Sections 34(2) and
19. (d) Option (d) is correct. Savigny is known as the 34(2-A) of the Arbitration Act enumerate the grounds
Darwinian before Darwin and a sociologist before for setting aside of the arbitral award whereas Section
sociologists. It is because according to Savigny, law is 34(3) of the Arbitration Act sets out the time-frame
not an “artificial lifeless mechanical device”. Savigny within which the party aggrieved by the arbitral award
believed that law is closely connected with people and 4A 1F 7B needs to file an application before the Court.
it closely contained the germs of future sociologicaltr-6C2D2E9B 26. (c) Option (c) is correct. Mediation: Involves a neutral
theory. third party facilitating communication and guiding the
20. (c) Out of the given options, the duty of an advocate that negotiation process. This can be beneficial if the couple
is not considered essential is: c. To Communicate with needs assistance in overcoming communication
a Judge in Private. Although communication with a hurdles.
judge is not explicitly prohibited, professional ethics 27. (d) Option (d) is correct. Limitation bars the judicial
guidelines discourage private interactions that could remedy but it does not bar the extra judicial remedies
create an appearance of bias or impropriety. All whereas a right extinguished by prescription is barred
communication between an advocate and the judge judicially and extra-judicially both.
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28. (a) Option (a) is correct. Section 53 of the Indian Patents be produced. Options (a), (b), and (c) are all acceptable
Act 1970 is about Amendment of patent granted to forms of secondary evidence
deceased applicant. It is under CHAPTER VIII of the 36. (d) Option (d) is correct. The term "conclusive proof" is
Act. CHAPTER VIII is titled grant of patents and rights not used in Section 111 of the Indian Evidence Act,
conferred thereby. 1872.
(1) Subject to the provisions of this Act, the term of Conclusive proof is defined under section 4 of IEA.
every patent granted, after the commencement of “Conclusive proof”.––When one fact is declared by this
the Patents (Amendment) Act, 2002, and the term Act to be conclusive proof of another, the Court shall,
of every patent which has not expired and has not on proof of the one fact, regard the other as proved,
ceased to have effect, on the date of such and shall not allow evidence to be given for the
commencement, under this Act, shall be twenty purpose of disproving it.
years from the date of filing of the application for Section 41 deals with Relevancy of certain judgments
the patent. in probate, etc., jurisdiction. Section 111 deals with
29. (c) Option (c) is correct. The term criminology was first Proof of good faith in transactions where one party is
m
coined by the Italian law professor Raffaele Garofalo in in relation of active confidence. Section 112 deals with
1885 (in Italian, criminologia). Birth during marriage, conclusive proof of legitimacy.
o
30. (d) Option (d) is correct. While the concept of early release Section 113 deals with Proof of cession of territory.
or conditional freedom for prisoners existed before 37. (b) Option (b) is correct. As per Article 279A of the
him, Alexander Maconochie is widely considered the
"father of parole" as we know it today. Maconochie, a
Scottish naval officer and penal reformer,
implemented a revolutionary system of rehabilitation
.c
amended Constitution, the GST Council has to be
constituted by the President within 60 days of the
rs
commencement of Article 279A. The notification for
bringing into force Article 279A with effect from 12th
e
during his time as governor of Norfolk Island, a penal September, 2016 was issued on 10th September, 2016.
colony in the Pacific Ocean, from 1840 to 1844. 38. (b) Option (b) is correct. The sociologist Edwin Sutherland
31. (d) Option (d) is correct. Section 86 originally provided,
inter alia, that an offence carrying punishable of
an
imprisonment for three years and above upto seven
years, shall be cognizable and non-bailable. However,
39.
kcoined the term “white collar crime” in a speech given
to the American Sociological Society in 1939.
(c) Option (c) is correct. Money laundering typically
involves sophisticated financial maneuvers, often by
r
the aforesaid amendment Act changed this provision those in professions of trust or with access to financial
to provide that such offences shall be non-cognizable systems. Its focus on financial gain and harm through
32.
and non-bailable.
o p
(b) Option (b) is correct. The provision of Section 357A of
the Code of Criminal Procedure, which states that
every State Government shall prepare a scheme for
40.
fraudulent financial activities aligns closely with the
definition of white-collar crime.
(b) Option (b) is correct. In the legal scenario, duty means
a legal obligation to do or not to do something. Legal
33.
rape. T
providing funds for the purpose of compensating the
victim of crime, governs the compensation portion of
the rehabilitation of victims of violence, including
m
the correct explanation of A. Government of India or the Government of any State,
Assertion A: The Government of India is indeed a other than an office declared by Parliament by law not
o
distinct legal personality. This means that it is separate to disqualify its holder; (b)if he is of unsound mind and
from individual government officials and is recognized stands so declared by a competent court; (c)if he is an
by law as an entity with its own rights and obligations.
It can own property, enter into contracts, sue and be
sued, and so on.
Reason R: The ability to sue and be sued is a hallmark
.c
undischarged insolvent; (d)if he is not a citizen of
India, or has voluntarily acquired the citizenship of a
rs
foreign State, or is under any acknowledgement of
allegiance or adherence to a foreign State; (e)if he is so
e
of legal personality. This means that an entity can take disqualified by or under any law made by Parliament.
legal action against others or be taken to court itself. 51. (c) Option (c) is correct. Article 19(1) provides that all
Since the Government of India can do both, it confirms
its status as a distinct legal personality.
n
Therefore, both Assertion A and Reason R are true, and
a
R provides a valid explanation for why A is true. kcitizens shall have the right
-
-
-
To freedom of speech and expression;
To assemble peaceably and without arms;
To form associations or unions;
r
47. (b) Option (b) is correct.
- To move freely throughout the territory of India
Section 124. “Contract of indemnity” defined.
p
- To reside and settle in any part of the territory of
Section 126- “Contract of guarantee”, “surety”,
India;
“principal debtor” and “creditor”
48.
49.
o
Section 148- Bailment”, “bailor” and “bailee” defined.
Section172- . “Pledge”, “Pawnor” and “Pawnee”
defined
T
Section 182- “Agent” and “principal” defined.
(d) Option (d) is correct. Statements A, C, D and E are
correct. Extortion defined under Section 383 of I.P.C
(b) Option (b) is correct.
52.
- To practice any profession or to carry on any
occupation, trade, or business.
(b) Option (b) is correct. Section 304 discusses Legal aid
to accused at State expense in certain cases. Section
306 discusses
9L4L1S7U
tr-6U2R2M320
Tender of Pardon to accomplice. Section
discusses Compounding of offences. Section 321
discuss Withdraw from prosecution. Section 327
Article 87 of the constitution provides two instances discuss court to be open.
when the President specially addresses both Houses of 53. (a) Option (a) is correct. Article 19(1) (a) of the
Parliament. The President of India addresses both the Constitution of India states that, all citizens shall have
Rajya Sabha and the Lok Sabha at the beginning of the the right to freedom of speech and expression. The
first Session after each general election when the exercise of this right is, however, subject to reasonable
reconstituted lower house meets for the first time. restrictions for certain purposes being imposed under
Article 120- In Parliament business shall be transacted Article 19(2) of the Constitution of India. This right is,
in Hindi or English: Provided that the Chairman of the however, not absolute and it allows Government to
Council of States or the Speaker of the House of the frame laws to impose reasonable restrictions in the
People, as the case may be, may permit any member interest of sovereignty and integrity of India, security
who cannot adequately express himself in either of the state, friendly relations with foreign states,
language to address the House in his mother tongue. public order, decency and morality and contempt of
1F7B
6C2D2E9B4A court, defamation and incitement to an offence.
Article 230: extension of jurisdiction of High Courtstr-to
Union territories. (1) Parliament may by law extend 54. (a) Option (a) is correct. Grotius, who was also a
the jurisdiction of a High Court to, or exclude the statesman and diplomat, has been dubbed the “Father
jurisdiction of a High Court from, any Union territory. of International Law.” Hugo Grotius was the first child
Article 247: Notwithstanding anything in this Chapter, of Jan de Groot and Alida van Overschie, and was born
Parliament may by law provide for the establishment in Delft during the Dutch Revolt. ‘De jure Belle ac Pacis’
of any additional courts for the better administration (1625; On the Law of War and Peace). Grotius
of laws made by Parliament or of any existing law with emphasized the freedom of the high seas, a notion that
respect to a matter enumerated in the Union List. rapidly gained acceptance among the northern
European powers that were embarking upon
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extensive missions of exploration and colonization IPC Section 376DA provides Punishment for gang rape
around the world. on woman under sixteen years of age. The section
55. (c) Option (c) is correct. The date of registration except in provides for imprisonment for life which shall mean
case of priority is the actual date of filing of the imprisonment for the remainder of that person's
application. In case of registration of design with natural life and with fine.
priority, the date of registration is the date of making 59. (a) Both statements are correct. Under Article 145(3),
an application in the reciprocal country. “any case involving a substantial question of law as to
The registration of a design confers upon the the interpretation of the Constitution” must be decided
registered proprietor ‘Copyright’ in the design for the by a Bench of at least five judges. Such a Bench is called
period of registration. ‘Copyright’ means the exclusive a Constitution Bench.
right to apply a design to the article belonging to the The appellate jurisdiction of the Supreme Court can be
class in which it is registered. The duration of the invoked by a certificate granted by the High Court
registration of a design is initially ten years from the concerned under Article 132(1), 133(1) or 134 of the
date of registration, but in cases where claim to Constitution in respect of any judgement, decree or
m
priority has been allowed the duration is ten years final order of a High Court in both civil and criminal
from the priority date. cases, involving substantial questions of law as to the
o
56. (c) Option (c) is correct. Section 43 of Companies act interpretation of the Constitution.
discusses kinds of share capital. 60. (d) The correct answer is (d).
The share capital of a company limited by shares shall
be of two kinds, namely:—
(a) equity share capital—
(i) with voting right ; or
.c
The Water (Prevention and Control of Pollution) Act
was enacted in 1974 to provide for the prevention and
rs
control of water pollution, and for the maintaining or
restoring of wholesomeness of water in the country.
e
(ii) with differential rights as to dividend, voting or The Forest (Conservation) Act of 1980 is an act by the
otherwise in accordance with such rules as may Parliament of India which ensures conservation of
be prescribed; and
(b) preference share capital:
an
With reference to any company limited by shares, k
forest and its resources.
The Public Liability Insurance Act, 1991 is an Act to
provide for public liability insurance for the purpose
of providing immediate relief to the persons affected
r
Preference share capital means that part of the by accident occurring while handling any hazardous
issued share capital of the company. which carries substance and for matters connected therewith or
57.
o
amount or an amount.
p
or would carry a preferential right with respect
to— (a) payment of dividend, either as a fixed
T
Since presumption of innocence is the fundamental
element of a trial, the legal or ultimate burden of proof
is always on the prosecution to prove the guilt of the
accused.5 The prosecution must, therefore, prove a
concurrence between mens rea and actus reus beyond
reasonable doubt in order to discharge its burden.6
2M
benefits arising out of the use of biological resources,
knowledge and for matters connected therewith or
incidental
tr-6U2R 9L
4L1S7U thereto.
National Green Tribunal Act is enacted in 2010. The act
provides relief to any party who has rendered the
status of victim in relation to the causes of
environmental pollution and dealing with other
The burden is on the accused to rebut the court’s environmental problems or hazardous status.
presumption that a particular exculpating 61. (c) Correct answer is Option (c). Negligence occurs when
circumstance was absent by raising either a defence or one party owes another party a duty of care, and fails
an exception.7 Commonly referred to as the reverse to take reasonable care to avoid causing damage to
evidential burden, it merely requires proof from the that party.
accused, which satisfies the ‘prudent man’ standard or 62. (d) Option (d) is correct. White-collar crimes are crimes
at least creates reasonable doubt regarding one or of deception for financial gain, committed by people in
more necessary ingredients of the offence. The positions of of high status in society. (like A and D).
prosecution will continue to bear the legal burden to Forget about social status, revenge, emotions, or basic
negate the exculpation of the accused. If the accused 4A 1F 7B needs (B, C, and E are not always true).
6C2D2E9B
succeeds in creating reasonable doubt, he willtr-be 63. (b) Option (b) is correct. A, C & D Only.
acquitted because the prosecution has been unable to Option (a) is correct. Parliament cannot delegate its
prove his guilt.8 Thus, the legal burden of proving all core legislative power, such as making new laws,
necessary ingredients of an offence is on the defining crimes and punishments, or setting
prosecution from the commencement to the fundamental rights. This is to ensure that the public
termination of a trial. has a clear understanding of the laws and that the
58. (c) Option (c) is correct. IPC Section 376DB provides power to make them rests with the elected
Punishment for gang rape on woman under twelve representatives.
years of age. Option (b) is not entirely accurate. While parliament
cannot delegate its essential legislative power, it can
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delegate certain non-essential powers to the executive Article 22 speaks for freedom of association. Article 24
branch. This is done through what is known as discusses right of the child. Article 26 provides for
"delegated legislation" or "subordinate legislation. equality before law. Article 27 discusses rights of
Option (c) is correct. Parliament cannot delegate its minorities.
power to decide the overall direction and goals of 67. (d) The correct answer is Option (d), A-IV, B-III,C-II,D-I
legislation. This is crucial for ensuring that the public's Section 20 - Place of arbitration.
will is reflected in the laws that are passed. Section 21- Commencement of arbitral
Parliament cannot delegate its power to repeal a law. proceedings.
Repealing a law is a significant act that should only be Section 29A -Time limit for arbitral award.
done by the legislature itself. Section 35 - Finality of arbitral awards.
64. (c) The most appropriate answer is c. A,B,C only. 68. (d) Correct answer is Option (d). Section 96 deals with
The 'polluter pays' principle is the commonly accepted appeal from original decree. Section 113 deals with
practice that those who produce pollution should bear Reference to High Court. Section 114 deals with
the costs of managing it to prevent damage to human Review. Section 115 deals with revision.
m
health or the environment. An appeal is made to the higher court on the points of
The precautionary principle enables decision-makers the fact and laws. Reference is made to the higher court
o
to adopt precautionary measures when scientific on the points of the law. Revision is made to both
evidence about an environmental or human health
c
higher and lower court on the already adjudicated
.
hazard is uncertain and the stakes are high. matters. The Appeal begins on the determination of
Intergenerational equity is a notion that views the the case. A review challenges the correctness of a
rs
human community as a partnership among all judicial order based on new evidence or matters.
generations. Each generation has the right to inherit 69. (b) Correct answer is Option (b). A-II,B-III,C-IV,D-I
e
the same diversity in natural and cultural resources Section 2(a) defines "benefit claimers" as the
enjoyed by previous generations and to equitable conservers of biological resources, their by-products,
65.
access to the use and benefits of these resources.
(b) Option (b) is correct.
n
In Zamora case, it was held that, all those matters upon
a
which the Court is authorised to proceed are, or arise k creators and holders of knowledge and information
relating to the use of such biological resources,
innovations and practices associated with such use
and application;
r
out of, acts done by the Sovereign power in right of Section 2 (b)" biological diversity" means the
war. It follows that the King must directly or indirectly variability among living organisms from all sources
o p
be a party to all proceedings in a Court of Prize. This
Judgement was delivered by Lord Parker for the
Judicial Committee of the Privy Council, April 7, 1916,
in the appeal from the prize court's decision in the case
and the ecological complexes of which they are part
and includes diversity within species or between
species and of eco-systems;
T
Section 2 (c) "biological resources" means plants,
of the "Zamora", printed in "Lloyd's List," April 10. animals and micro-organisms or parts thereof, their
In the Corfu Channel case, the Court articulated the genetic material and by-products (excluding value
principle that every state is obliged not to knowingly
tr-6U2R2Madded
9L4L1Sproducts) with actual or potential use or value,
7U
allow its territory to be used to commit acts against the but does not include human genetic material;
rights of any other state. This meant, with respect to Section 2 (d) "bio-survey and bio-utilisation" means
the Corfu Channel, that Albania was obliged to warn survey or collection of species, subspecies, genes,
others that its territorial waters were mined. components and extracts of biological resource for any
Extradition involves the surrender of a person from purpose and includes characterisation,
one state to another to face criminal prosecution or inventorisation and bioassay;
serve a sentence, while asylum grants protection to 70. (d) Section 66A of the IT Act deals with sending offensive
individuals who seek refuge from persecution or messages through communication services, which
threats to their life or freedom. aligns with the description in List I, Option (a).
66. (c) Option (c) is correct. The International Covenant on Section 66C of the IT Act deals with Punishment for
Civil and Political Rights (ICCPR) is a multilateral identity theft.
treaty that commits nations to respect the civil and Section 66D of the IT Act addresses Punishment for
political rights of individuals, including the right to life, cheating by personation by using computer resource.
freedom of religion, freedom of speech, freedom of 4A 1F 7B Section 66E of the IT Act addresses Punishment for
assembly, electoral rights and rights to due process tr-6C2D2E9B
violation of privacy.
and a fair trial. Therefore, the correct answer is a. A-I,B-IV,C-III, D-I
I
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