AILET entrance exam Question Bank Solutions for Legal Reasoning

Given below is a statement of principle followed by a failual situation. Apply the principle to the file  given below and select the most appropriate answer 

Principle: Under the Hindu Marriage Act, 1955 either the husband or the wife can move a petition for a decree of divorce on the ground of desertion. The term 'desertion' means desertion of the petitioner by the other party to the marriage for a continuous period of not less than two years immediately preceding the presentation of the petition, without reasonable cause and without the consent or against the wish of such party and includes the willful neglect of the petitioner by the other party to the marriage and its grammatical variations and cognate expressions shall be construed accordingly. It is also said that desertion is withdrawal not from a place but from a state of things.

Facts: Rohan, a technocrat, went to the US in January 2011 for pursuing his higher studies for a period of three years. In fact, Rohan went to the US with the consent of his wife Basanti, who stayed at her parents' home, and with a promise of his return to India upon the completion of his studies. From the US he has quite often been in touch with his wife. Subsequently, Rohan has got a job there in the US and he wishes to take his wife. She refuses to go to the US and, in the meanwhile, she files a petition for a decree, of divorce on the ground of desertion by her husband.

Given below is a statement of principle followed by a failual situation. Apply the principle to the file  given below and select the most appropriate answer 

Principle: Under the Hindu Adoptions and Maintenance Act, 1956, no person shall be capable of being taken in adoption unless he or she is a Hindu, he or she not already been adopted, he or she has not been married, unless there is a custom or usage applicable to the parties which permit persons who are married being taken in adoption, and he or she has not completed the age of fifteen years, unless there is a custom or usage applicable to the parties which permit persons who have completed the age of fifteen years being taken in adoption.

Facts: Vijay being a natural father had given Tarun, a boy aged 10 years, in adoption to Manoj in March 2010 in accordance with the Hindu Adoptions and Maintenance Act, 1956. In May 2012 Manoj gave Tarun in adoption to Sanjay. Subsequently, in December 2013, Sanjay gave Tarun in adoption to Vijay.

Given below is a statement of principle followed by a failual situation. Apply the principle to the file  given below and select the most appropriate answer 

Principle: Under copyright law, copyright subsists in original literary works also. A literary work need not be of literary quality. Even so prosaic a work as an index of railway stations or a railway‟ guide or a list of stock exchange quotations qualifies as a literary work if sufficient work has been expended in compiling it to give it a new and original character.

Facts: Michael works hard enough, walking down the streets, taking down the names of people who live at houses, and makes a street directory as a result of that labour.

Criminal Law (Amendment) Act, 2013 does not provide that: 

During a trial, an attorney is planning to call to the stand to testify six different witnesses- T, V, W, X, Y, and Z. She will call each witness exactly one time, and the  other in which she calls them is subject to the following conditions  

(i) The fourth witness must be T.  
(ii) W and Y must both be called before V.  
(iii) X must be called before W.

Which of the following could be the order in which the attorney calls the six witnesses?

LEGAL PRINCIPLES:

1. Bigamy is not permitted under Hindu law.
2. A Hindu of sound mind can adopt a child of the gender they don’t already have a child of.
3. Only the child’s father, mother, or guardian has the capacity to give the child up in adoption, under Hindu law.

FACTUAL SITUATION: Ramesh comes from a family where from the past two generations; all male members have had two wives. He also wants to continue this tradition and thus he married Suman first and then Tania. Ramesh has a son, Gunjan with Suman. However, with Tania, he is childless. He thus wishes to adopt some children. Rajat is the child of Ramesh’s brother. However, Rajat’s parents decide to go off to Dubai for 5 years and they leave their son under the care of Ramesh’s sister. Ramesh and Tania ask for Rajat in adoption from his sister who agrees and Rajat is adopted. Later, Ramesh and Suman want to adopt a daughter as well and they do adopt a girl - Sara -from an orphanage. However, at the time of signing the adoption deed, Ramesh was dead drunk. Ramesh and his entire family member are Buddhists. Keeping in mind the given principles and facts, solve the questions Is Rajat’s adoption a valid adoption?

DECISION:

The minimum wages in ______ are the highest in the northern region.

The constitution (One-hundredth Amendment) Act, 2015  amended the  _________  Schedule of the Constitution to give effect to an agreement entered into by India and  _________ on acquiring and transferring of territories between the two countries.

This question consists of principle and fact. The principle 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 the question, you must not rely on any principle except the principle that is given herein below 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 study of law, research aptitude, and problem-solving ability. 
Therefore, to answer a question, 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: The employees of DK Enterprises met the management and requested half a day leave to allow them to celebrate a lunar eclipse, which was going to happen two days later. The management refused the request. Does this situation amount to an 'industrial dispute'?

Maternity Benefits (Amendment) Bill, 2016 provides  _______ weeks of fully paid maternity leave to women who work in the organised sector.

A minority community may reserve up to _______ seats for members of its own community in an educational institution established and administered by it even if the institution receives aid from the State.

"The people have a right, an inalienable, indisputable,  indefeasible, divine right to that most dreaded and envied  kind of knowledge – I mean, of the character and conduct of  their rulers." Who said this?

John Doe order in India is known as

India's first court-annexed mediation centre was established in

Which is the first country to allow voting through mobile phones?

Which one of the following decided to set up a website,  which will compare the World's Constitutions by themes online "to arm drafters with a better tool for' Constitution design and writing"? 

New Zealand Government has granted the legal status of a person to a _______  after a legal battle of 140 Years. 

All students graduating from academic year _____ onwards need to clear the All India Bar Examination in order to practice law in India.

The following question consists of two statements, one labelled as 'Assertion' and the other as  'Reason'. Read both the statements carefully and answer using the codes given below.

Assertion (A): Legislations which gives wide power to the executive to select cases for special treatment, without indicating the policy, may be set aside as violative of equality.

Reason (R): Article 14 of the Constitution provides that the State shall not deny to any person equality before the law or equal protection of laws within the territory of India.

The following question consists of two statements, one labelled as 'Assertion' and the other as  'Reason'. Read both the statements carefully and answer using the codes given below.

Assertion (A): If the Constitution is flexible it may be playing at the whims and caprices of the ruling party.

Reason (R): The framers of the Indian Constitution were keen to avoid excessive rigidity.