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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. Decide which of the following propositions can be most reasonably inferred through the application of the stated legal rules to the facts of this case:
President of India exercises his powers
Mark the best option:
The Constitutional Amendment that sought to dilute the right to property from the status of the fundamental right to that of a legal right in India is:
How many contents are there in Panchayati Raj System?
What is the maximum age limit prescribed for the post of the President of India?
In which of the following Article in the Constitution of India deals with the Parliament which consists of the President, the Lok Sabha and the Rajya Sabha?
Which of the following Article deals with the disqualification of a member of Parliament?
Who among the following is the fust woman Speaker of Lok Sabha?
What is the tenure of a Judge of the Supreme Court?
Answer the question which follows from the application of the under mentioned legal principle.
X' s farm house in outskirts of Delhi was attacked by a gang of armed robbers. X without informing the police, at first warned the robbers by firing in the air. As they were fleeing from the farm, he fired and killed one of them. At the trial–
I. X can avail the right of private defence as he was defending his life and property
II. X cannot avail the right as he failed to inform the police
III. X cannot avail the right as he caused more harm than was necessary to ward off the danger
IV. X can avail of the right as at first he only fires in the air.
