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प्रश्न
Consists of legal proposition(s)/ principle(s) (hereinafter referred to as 'principle') and facts. Such principles may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this Section. In other words, in answering these questions, you must not rely on any principle except the principles that are given herein below for every question.
Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest in the study of law, research aptitude, and problem-solving ability, even if the 'most reasonable conclusion' arrived at may be absurd or unacceptable for any other reason. It is not the objective of this section to test your knowledge of the law.
Therefore, to answer a question, the principle is to be applied to the given facts and to choose the most appropriate option.
Principle: A violation of a legal right of someone, whether results in a legal injury or not, gives rise to an action in tort for compensation. At the same time, action by someone, which results in some loss or damage to somebody else is not actionable, if there is no violation of a right of that somebody.
Facts: AB Coaching Centre was a popular CLAT coaching academy with several good trainers. A lot of aspirants used to attend its coaching classes from all over and was making a good profit. This was going on for the past several years. During a session, T, one of the very good and popular trainers of ABCC, had some difference of opinion with the owner of ABCC and left the coaching centre. In August 2016, T started another Entrance Coaching Centre closer to ABCC which resulted in a substantial drop in its students and huge financial loss. The owner of ABCC wants to file a case against T for the loss sustained by ABCC. What do you think is the right legal position?
विकल्प
T will be liable to compensate for the loss to ABCC.
T has not violated any of ABCC's legal rights though they sustained some financial loss, and not legally bound to compensate ABCC.
'T' should have consulted ABCC before starting his coaching centre.
T started the new coaching centre near ABCC intentionally and shall be liable to compensate for the loss of ABCC.
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उत्तर
T has not violated any of ABCC’s legal right though they sustain ed some financial loss, and not legally bound to compensate ABCC.
Explanation:
T has not violated any of ABCC's legal rights though they sustained some financial loss, and not legally bound to compensate ABCC. Because of a difference of opinion between T and the owner of ABCC, T left working for ABCC. The coaching centre experienced financial loss after T opened another Entrance Coaching Centre closer to ABCC. None of this is a violation of a legal right of ABCC and there will be no compensation.
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संबंधित प्रश्न
In this Question, problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the question. In answering the following question, you should not rely on any rule(s) except the rule(s) that are supplied for problem. Further, you should not assume any fact other than 'those stated in the problem. The aim is to test your ability to properly apply a rule to a given set of facts, even when the result is absurd or unacceptable for any other reason. It is not the aim to test any knowledge of law you may already possess. Rules A. A person is an employee of another if the mode and the manner in which he or she carries out his work is subject to control and supervision of the latter. B. An employer is required to provide compensation to his or her employees for any injury caused by an accident arising in the course of employment. The words 'in the course of the employment' means in the course of the work which the employee is contracted to do and which is incidental to it. Facts Messrs. ZafarAbidi and Co. (Company) manufactures bidis with the help of persons known as `pattadars'. The pattadars are supplied tobacco and leaves by the Company and are required to roll them into bidis and bring the bidis back to the Company. The pattadars are free to roll the bidis either in the factory or anywhere else they prefer. They are not bound to attend the factory for any fixed hours of work or for any fixed number of days. Neither are they required to roll up any fixed number of bidis. The Company verifies whether the bidis adhere to the specified instructions or not and pays the pattadars on the basis of the number of bids that are found to be of right quality. Aashish Mathew is one of the pattadars of the Company. He was hit by a car just outside the precinct of the factory while he was heading to have lunch in a nearby foodstall. Aashish Mathew has applied for compensation from the Company. In case the patladars were compulsorily required to work in the factory for a minimum number of hours every day, then it would be correct to state that:
In this Question problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the question. In answering the following question, you should not rely on any rule(s) except the rule(s) that are supplied for problem. Further, you should not assume any fact other than 'those stated in the problem. The aim is to test your ability to properly apply a rule to a given set of facts, even when the result is absurd or unacceptable for any other reason. It is not the aim to test any knowledge of law you may already possess.
Rules A:
The State shall not discriminate, either directly or indirectly, on the grounds of sex, race, religion, caste, creed, sexual orientation, marital status, disability, pregnancy, place of birth, gender orientation or any other status.
Rule B:
Direct discrimination occurs when for a reason related to one or more prohibited grounds a person or group of persons is treated less favourably than another person or another group of persons in a comparable situation.
Rule C:
Indirect discrimination occurs when a provision, criterion or practice which is neutral on the face of it would have the effect of putting persons having a status or a characteristic associated with one or more prohibited grounds at a particular disadvantage compared with other persons.
Rule D:
Discrimination shall be justified when such discrimination is absolutely necessary in order to promote the well-being of disadvantaged groups, such as women, dalits, religious minorities, sexual minorities or disabled persons.
Facts:
On 2"° October 2010, the Governor of the state of Bihar ordered the release of all women prisoners who were serving sentence of less than one year imprisonment to mark the occasion of Mahatma Gandhi's birthday. Assume further that the government made a third order, releasing all graduate prisoners who are serving a sentence of less than one year's imprisonment. Which of the following statistics would have to be true for this order to be indirectly discriminatory?
In this Question problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the question. In answering the following question, you should not rely on any rule(s) except the rule(s) that are supplied for problem. Further, you should not assume any fact other than 'those stated in the problem. The aim is to test your ability to properly apply a rule to a given set of facts, even when the result is absurd or unacceptable for any other reason. It is not the aim to test any knowledge of law you may already possess.
Rules A: The State shall not discriminate, either directly or indirectly, on the grounds of sex, race, religion, caste, creed, sexual orientation, marital status, disability, pregnancy, place of birth, gender orientation or any other status.
Rule B: Direct discrimination occurs when for a reason related to one or more prohibited grounds a person or group of persons is treated less favourably than another person or another group of persons in a comparable situation.
Rule C: Indirect discrimination occurs when a provision, criterion or practice which is neutral on the face of it would have the effect of putting persons having a status or a characteristic associated with one or more prohibited grounds at a particular disadvantage compared with other persons.
Rule D: Discrimination shall be justified when such discrimination is absolutely necessary in order to promote the well-being of disadvantaged groups, such as women, Dalits, religious minorities, sexual minorities or disabled persons.
Rule E: 'A discriminatory act shall be justified if its effect is to promote the wellbeing of disadvantaged groups, such as women, dalits, religious minorities, sexual minorities or disabled persons.'
Facts: On 2nd October 2010, the Governor of the state of Bihar ordered the release of all women prisoners who were serving sentence of less than one-year imprisonment to mark the occasion of Mahatma Gandhi's birthday. Would the first Order of release of all women prisoners be justified under Rule E?
India’s Personal Data Protection Bill, 2019 (‘Bill’) starts encouragingly, seeking to protect “the privacy of individuals relating to their personal data”. But by the end, it is clear it is not designed to deliver on the promise. For, even as it rightly requires handlers of data to abide by globally-accepted rules — about getting an individual’s consent first — it disappointingly gives wide powers to the Government to dilute any of these provisions for its agencies.
Recently, messaging platform WhatsApp said that some Indian journalists and rights activists were among those spied on using technology made by an Israeli company, which by its own admission only works for government agencies across the world.
Importantly, one of the first to raise a red flag about Bill’s problematic clauses was Justice B.N. Srikrishna, whose committee’s report forms the basis of the Bill. He has used words such as “Orwellian” and “Big Brother” in reaction to the removal of safeguards against actions of Government agencies. In its report last July, the committee noted that the dangers to privacy originate from state and non-state actors. It, therefore, called for exemptions to be “watertight”, “narrow”, and available for use in “limited circumstances”. It had also recommended that the Government bring in a law for the oversight of intelligence-gathering activities, the means by which non-consensual processing of data takes place. A related concern about the Bill is regarding the constitution of the Data Protection Authority of India (‘DPA’), which is to monitor and enforce the provisions of the Act. It will be headed by a chairperson and have not more than six whole-time members, all of whom are to be selected by a panel filled with Government nominees. This completely disregards the fact that Government agencies are also regulated under the Bill; they are major collectors and processors of data themselves. The sweeping powers the Bill gives to the Government render meaningless the gains from the landmark K.S. Puttaswamy vs. Union of India case, which culminated in the recognition that privacy is intrinsic to life and liberty, and therefore a basic right. That idea of privacy is certainly not reflected in the Bill in its current form.
Which of the following views can be correctly attributed to the author of the above passage?
India’s Personal Data Protection Bill, 2019 (‘Bill’) starts encouragingly, seeking to protect “the privacy of individuals relating to their personal data”. But by the end, it is clear it is not designed to deliver on the promise. For, even as it rightly requires handlers of data to abide by globally-accepted rules — about getting an individual’s consent first — it disappointingly gives wide powers to the Government to dilute any of these provisions for its agencies.
Recently, messaging platform WhatsApp said that some Indian journalists and rights activists were among those spied on using technology made by an Israeli company, which by its own admission only works for government agencies across the world.
Importantly, one of the first to raise a red flag about Bill’s problematic clauses was Justice B.N. Srikrishna, whose committee’s report forms the basis of the Bill. He has used words such as “Orwellian” and “Big Brother” in reaction to the removal of safeguards against actions of Government agencies. In its report last July, the committee noted that the dangers to privacy originate from state and non-state actors. It, therefore, called for exemptions to be “watertight”, “narrow”, and available for use in “limited circumstances”. It had also recommended that the Government bring in a law for the oversight of intelligence-gathering activities, the means by which non-consensual processing of data takes place. A related concern about the Bill is regarding the constitution of the Data Protection Authority of India (‘DPA’), which is to monitor and enforce the provisions of the Act. It will be headed by a chairperson and have not more than six whole-time members, all of whom are to be selected by a panel filled with Government nominees. This completely disregards the fact that Government agencies are also regulated under the Bill; they are major collectors and processors of data themselves. The sweeping powers the Bill gives to the Government render meaningless the gains from the landmark K.S. Puttaswamy vs. Union of India case, which culminated in the recognition that privacy is intrinsic to life and liberty, and therefore a basic right. That idea of privacy is certainly not reflected in the Bill in its current form.
The author is concerned about the constitution of the DPA under the Bill because:
Last week, the government used the Drug Price Control Order, 2013, to increase the price ceiling for 21 medicines by as much as 50% to ensure their availability in the market. This is a welcome move because lower prices would have further limited the availability of these drugs, some of which include those used for malaria, leprosy and allergy. The decision by the regulatory authority – usually known to reduce prices of essential drugs – was prompted by repeated petitions by the pharmaceutical industry, which pointed out that the increasing cost of imports had made the production of some of these drugs unviable. Prices of bulk drugs and active pharmaceutical ingredients have, in fact, gone up by up to 88%, and are largely imported.
This raises a basic question: Should the government control prices? The motivation for controlling drug prices is not very difficult to understand. Unlike some of the developed countries, where most of the population has insurance coverage or medical facilities are provided by the state, medical expenses in India are borne by citizens, largely through out-of-pocket expenses. Therefore, the state intervenes by keeping prices of some drugs in check to contain such spending. However, the unintended consequence is that it affects the supply of drugs and can potentially make citizens worse off. The risk of non-availability was an important reason for raising prices. Although all pharmaceutical companies may not stop producing drugs with price control, they may limit the supply. Further, the government usually dithers on price hike because of political considerations so that it is not accused of favouring private companies.
Thus, the government should stay away from dictating prices and allow the market to function. Competition in the marketplace will ensure that no company is able to make extraordinary profits in basic and essential drugs. Since the state has limited resources, it should focus on regulation, and ensure that the quality of drugs supplied in the market is not compromised at any point.
An essential medicine, ‘Formula A’, is used to treat cancer, and there is only one company engaged in its manufacture. If this is true, then, based on the author’s reasoning in the passage above:
The term ‘Intellectual Property Rights’ covers
World Intellectual Property Day Celebrated in
Read both the statements carefully and answer.
Assertion (A): No action lies for mere damage caused by some act which does not violate a legal right.
Reason (R): An action lies for interference with another's legal right even where it causes no actual damage.
Read both the statements carefully and answer.
Assertion (A): Custom to have the force of law must be followed from time immemorial.
Reason (R): Custom represents the common consciousness of the people.
