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प्रश्न
The question consists of legal propositions/principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true. In other words, in answering the following question, you must not rely on any principles except the principle that is given hereinbelow for the 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.
Principle: A person is said to be of sound mind for the purpose of making a contract if, at the time, when he makes it, he is capable of understanding it and of forming a rational judgment as to its effect upon his interest.
Facts: X, who is usually of sound mind but occasionally of unsound mind enters into a contract with Y when he (X) is of unsound mind. Y came to know about this fact afterward and now wants to file a suit against X.
पर्याय
X cannot enter into a contract because he is of unsound mind when he entered into a contract
X can enter into a contract but the burden is on the other party to prove that he was of unsound mind at the time of contract
X can either into a contract but the burden is on X to prove that he was of sound mind at the time of contract
None of the above
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उत्तर
X cannot enter into a contract because he is of unsound mind when he entered into a contract
Explanation:
According to the principle, a person is said to be of sound mind for the purpose of making a contract, if he is capable of understanding it and of forming a rational judgment, in this case, X is usually of sound mind but occasionally of unsound mind enters into a contract with Y when he (X) is of unsound mind. So, according to the principle X is not competent to enter into a contract with Y, because of unsoundness of mind.
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संबंधित प्रश्न
Direction: The passage given below is followed by a set of question. Choose the most appropriate answer to each question.
In India the Food Safety and Standards Authority of India (FSSAI) is the apex food regulator. It is empowered by and functions under the Ministry of Health and Family Welfare, Government of India. The FSSAI implements and enforces food regulations as prescribed in the Food Safety and Standards Act, 2006 (FSS Act). The FSS Act is an Act of Parliament, popularly known as the Food Act. Previous to the FSS Act there were a number of food legislations. All these have been consolidated into a homogenous whole in the FSS Act. The regulations of the FSS Act became effective in 2011 with FSSAI as its regulatory body. Though the Act continues to evolve it needs to be further harmonized with standards of international agencies for global parity.
New Draft Regulations have been formulated by FSSAI. Of special interest is Section 22 of the FSS Act, which deals with "Nutraceuticals, Functional Foods, Novel Foods and Health Supplements." For the first time regulations have been proposed for this category of foods. If these products propound nutritional or medicinal benefits they need to have sound scientific evidence. The products must not contain either steroids or psychotropic drugs. Ingredients like vitamins and minerals must conform to the recommended dietary allowances for Indians, as proposed by the Indian Council of Medical Research.
Organic and Traditional foods also do not require product approval as they are being consumed for centuries in India. The ingredients and preparation methods are well known and this guarantees their safety. If, however, traditional and organic foods use any new ingredients or food additive or new technologies in preparation, they need product approval.
Foods Imported into India have to follow the FSS Act, Rules & Regulations If the food articles are standardized, the importer only needs an FSSAI license to import them. The importer also needs to comply with FSSAI regulations for sale and distribution of the food products.
The existing process of product approval for the food articles governed under Section 22 of the FSS Act has been discontinued as updated on August 26, 2015 by FSSAI in response to the ruling by Honorable Supreme Court of India. The regulations on such food products are expected soon and the product approval may be reintroduced through a regulation.
These are exciting times for food safety regulations in India. The recent proposals mentioned in the new Draft Regulations will soon be finalized to become the new Food Safety and Standards Regulations, 2015. They will provide new directives in areas such as nutraceuticals and health supplements, which is the need of the hour as these are becoming popular food categories. Standardization for thousands of foods is on the anvil. Food business operators are certainly anticipating some positive changes in food regulations, which could ease product approval process and food operations.
A harmonization of Indian food standards with global standards is a step in the right direction.
Axon a food marketing corporate giant specialized in traditional and organic products. It has captured 73% of the share in this sector across the globe. Recently in the Axon Lab a research breakthrough occurred by mixing traditional food with a newly discovered molecular formula. The new product has become a new attraction amongst the athletes due to its energy enhancement outcomes.
According to the passage does Axon has to apply for approval?
Direction: The passage given below is followed by a set of question. Choose the most appropriate answer to each question.
In India the Food Safety and Standards Authority of India (FSSAI) is the apex food regulator. It is empowered by and functions under the Ministry of Health and Family Welfare, Government of India. The FSSAI implements and enforces food regulations as prescribed in the Food Safety and Standards Act, 2006 (FSS Act). The FSS Act is an Act of Parliament, popularly known as the Food Act. Previous to the FSS Act there were a number of food legislations. All these have been consolidated into a homogenous whole in the FSS Act. The regulations of the FSS Act became effective in 2011 with FSSAI as its regulatory body. Though the Act continues to evolve it needs to be further harmonized with standards of international agencies for global parity.
New Draft Regulations have been formulated by FSSAI. Of special interest is Section 22 of the FSS Act, which deals with "Nutraceuticals, Functional Foods, Novel Foods and Health Supplements." For the first time regulations have been proposed for this category of foods. If these products propound nutritional or medicinal benefits they need to have sound scientific evidence. The products must not contain either steroids or psychotropic drugs. Ingredients like vitamins and minerals must conform to the recommended dietary allowances for Indians, as proposed by the Indian Council of Medical Research.
Organic and Traditional foods also do not require product approval as they are being consumed for centuries in India. The ingredients and preparation methods are well known and this guarantees their safety. If, however, traditional and organic foods use any new ingredients or food additive or new technologies in preparation, they need product approval.
Foods Imported into India have to follow the FSS Act, Rules & Regulations If the food articles are standardized, the importer only needs an FSSAI license to import them. The importer also needs to comply with FSSAI regulations for sale and distribution of the food products.
The existing process of product approval for the food articles governed under Section 22 of the FSS Act has been discontinued as updated on August 26, 2015 by FSSAI in response to the ruling by Honorable Supreme Court of India. The regulations on such food products are expected soon and the product approval may be reintroduced through a regulation.
These are exciting times for food safety regulations in India. The recent proposals mentioned in the new Draft Regulations will soon be finalized to become the new Food Safety and Standards Regulations, 2015. They will provide new directives in areas such as nutraceuticals and health supplements, which is the need of the hour as these are becoming popular food categories. Standardization for thousands of foods is on the anvil. Food business operators are certainly anticipating some positive changes in food regulations, which could ease product approval process and food operations.
A harmonization of Indian food standards with global standards is a step in the right direction.
How the de-operationalized Section 22 of the FSS Act by the Honorable Supreme Court of India be revived?
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: Where one of the parties to a contract was in the position to dominate the decision of the other party, the contract is enforceable only at the option of the party who was in a position to dominate the decision of the other party.
Facts: A doctor asked his patient to make a payment of Rs. 10,00,000/- (Ten Lac Only) for treatment of his fever. The patient paid an amount of Rs. 5,00,000/- (Five Lac Only) and promised to pay the remaining amount after the treatment. After treatment, the patient recovered from fever. The doctor demanded the remaining amount from the patient. The patient refused to pay.
Read the definition and elements of the attempt, apply them on the given fact situations and answer the question:
Definition of Attempt: Lord Blackburn has said that "there is no doubt that there is difference between a preparation antecedent to an attempt and the actual attempt, but if the actual transaction has commenced which would have ended in the crime if not interrupted, there is clearly an attempt to commit the crime."
1. Fault element· Intention or knowledge requisite for committing an offense: and
2. Conduct Element: does any act towards its commission and has crossed the stage of preparation. This act is so closely connected with and proximate to the commission that it falls in object because of facts not known to him or because of circumstances beyond his control.
'SINY' with an intention to pick-pocket puts his hand into MlNU's pocket. MINU had a Joaded pistol in his pocket The thief touches the pistol and trigger goes on, whereby MINU is shot dead.
Principle: Nothing is an offence, which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.
Facts: 'A' takes up a gun, not knowing whether it is loaded or not, points it playfully at 'B' and pulls the trigger. Consequently, 'B' falls dead.
Choose the most appropriate option:
'alibi' means a plea by an accused person that he
Legal phrase is followed by four meanings. Choose the most appropriate option:
Turpis arbiter’ means:
Legal phrase is followed by four meanings. Choose the most appropriate option:
'Jus Gentium’ means:
World Book and Copyright Day Celebrated by Unesco in
In the case of railways, a person nominated by the _______________ for the specified area shall be liable for the payment of the wage to the employees.
