Advertisements
Advertisements
प्रश्न
Choose the most appropriate option:
The object of which one of the following writs is to prevent a person to hold public office which he is not legally entitled to hold?
पर्याय
Mandamus
Quo warranto
Certiorari
Prohibition
Advertisements
उत्तर
Quo warranto
Explanation:
Quo warranto is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right or power they claim to hold.
APPEARS IN
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.
Rule A: When a State undertakes any measure, the effects of the measure must be the same for all those who are affected by it.
Rule B: When a State undertakes any measure, everyone affected must have an equal chance to benefit from it.
Facts :
100 mountaineers embarked on an extremely risky climbing expedition in Leh. Weather conditions worsened five days into the expedition and the mountaineers are trapped under heavy snow. The government received information on this tragedy only two weeks after the unfortunate incident and has only 24 hours in which to send rescue helicopters. Weather stations across the world confirm that this particular region of Leh will experience blizzards of unprecedented intensity for almost two weeks after this 24 hour window rendering any helicopter activity in the region impossible and certain death for anyone left behind. The government has only five rescue helicopters with a maximum capacity of 50 people (excluding pilots and requisite soldiers) and these helicopters can fly only once in 24 hours to such altitudes. As the Air Force gets ready to send the helicopters, an emergency hearing is convened in the Supreme Court to challenge this measure as this would leave 50 people to die. As the government prepares to send in rescue helicopters, which option would be acceptable only under Rule B and not Rule A:
The purpose of the Ilbert Bill was
The question consists of two statements, one labelled as principle and other as Fact. You are to exa.mine the principle and apply it to the given facts carefully and select the best option.
Principle: injuria sine damnum i.e. injury without damage.
Fact: Sonu, who was a returning officer at a polling booth, wrongly refused to register a duly tendered vote of MONU, though he was a quahAed voter. The candidate, whom MONU sought to vote, was declared elected
The principle is to be applied to the given facts and to choose the most appropriate option:
Principle: According to Sec. 2 of the Industrial Disputes Act, 1947, ‘Industrial dispute means any dispute or difference between employers and employers or between employers and workmen or between workmen and workmen, which is connected with the employment or non employment or the terms of employment or with the conditions of labour of any person’.
Facts: Sunder agreed to take Bhola’s penthouse on rent for three years at the rate of rupees 12, 00, 000/ per annum provided the house was put to thorough repairs and the living rooms were decorated according to contemporary style.
Mark the best option:
Principle:
- Whoever, being a public servant, and being legally bound as such public servant not to engage in trade, engages in trade, shall be punished.
- Any officer serving in the Indian Forest Service (IFS) is barred from trading in timber.
Facts: Surya, an IFS officer was appointed as Assistant Conservator of Forests of the district of MP. After serving for a few years she came to know that his father owned a plot of land dotted with a good number of trees adjoining the highway and adjacent to an industrial complex in the same district. Surya wanted to sell this plot of land so he got the trees on the plot cut and decided to sell the timber thus obtained. While he was negotiating the price of timber with few interested parties; the police appeared on the scene and arrested him based on the information given by one of Surya's seniors.
What will be Surya's liability?
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?
The highest law officer in India is the
Legal Principle: Nothing is an ‘offence’ if committed by a child below seven years of age. Fact Situation: Adil, aged six years, is a student of class one. He placed his sharpened pencil on the bench with its pointed end up when his classmate Ajay stood up to answer a question from the teacher. Ajay gets hurt when he sits on the pencil and Adil and his friends have a good laugh. Ajay’s father, on seeing his son injured when he returns home, wants action against Adil.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
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.
