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प्रश्न
Principle: Decision of Court is Null and Void if it is given by court which does not have jurisdiction over the subject matter.
Facts: A obtains a decision from a court that did not have jurisdiction to deal with the subject matter.
पर्याय
A decision can be enforced because both the parties were present
A decision cannot be enforced because the decision is null and void
A decision can be enforced because it is given a court
A decision can be enforced
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उत्तर
A decision cannot be enforced because the decision is null and void
Explanation:
A decision cannot be enforced because the decision is null and void. It is null and void because the decision was obtained by A from a court which did not have the jurisdiction over the subject matter. This fact clearly complies with the principle that the decision given by a court is null and void if it is given by court which does not have jurisdiction over the subject matter.
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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. The fundamental right to freedom of association includes the right to form an association as well as not join an association.
B. The fundamental right to freedom of association also includes the freedom to decide with whom to associate. C. The fundamental right to freedom of association does not extend to the right to realise the objectives of forming the association.
D. Fundamental rights are applicable only to laws made by or administrative actions of the State and do not apply to actions of private persons.
E. Any law in contravention of fundamental rights is unconstitutional and therefore cannot bind any person.
Facts
Gajodhar Pharmaceuticals, a private company, offered an employment contract of two years to Syed Monitul Alam. One of the clauses in the employment contract provided that Syed Monirul Alam must join Gajodhar Mazdoor Sangh (GMS), one of the trade unions active in Gajodhar Pharmaceuticals. If Parliament enacts a law that requires a trade union to open its membership to all the employees, then
The question consists of two statements, one labelled as Assertion (A) and other as Reason (R).
You are to examine the two statements carefully and select the best option.
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Reason: Title members of both Lok Sabtla and Raj ya Sabha are eligible to be ministers of the Union Government.
Mark the best option:
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Answer the question which follows from the application of the under mentioned legal principle.
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The following questions consist of two statements, one labeled as ‘Assertion’ (A) and other as ‘Reason’ (R). You are to examine these two statements carefully and select the correct answers.
Assertion (A): Directive Principles of State Policy contained in Part IV shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.
Reason (R): Directive Principles of State Policy and Fundamental Rights are both complementary to each other but in case of any controversy fundamental rights will prevail.
