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UG-CLAT entrance exam Question Bank Solutions for Legal Reasoning

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Legal Reasoning
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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.

Principle: Existence of all the alleged facts is relevant whether they occurred at the same time and place or at different times and places.

Facts: A, a permanent resident in a foreign country who never visited India, is accused of waging war against the Government of India by taking part in an armed insurrection in which property is destroyed, troops are attacked and prisons are broken open.

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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.

Principle: Whoever desires any court to give judgment about any legal right or liability which depends on the existence of those facts which he asserts, must prove that those facts exist.

Facts: A asserts that B, C and D have committed an offense of criminal conspiracy and therefore A desires a Court to give judgment that B, C and D shall be punished for that crime which A says B, C and D have committed.

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

LEGAL PRINCIPLE: Attempt is an act done with an intent to commit crime, and forming part of the series of acts which would constitute actual commission of the crime, if not interrupted.

FACTUAL SITUATION: A intending to murder B by poison purchases poison and mixes the same with a glass of water. He gave to the bearer to serve B. The bearer while approaching B, loses the balance and the glass drops out of his tray. DECISION:

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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.

Principle: When two or more persons agree to do or cause to be done, (1) an illegal act or (2) an act which is not illegal by illegal means, through such an agreement such persons are said to have been engaged in a criminal conspiracy to commit an offense. It is said that no consummation of the crime needs to be achieved or even attempted.

Facts: 'X', 'Y' and 'Z' plan to kill 'D'. They agree that only one among them, that is 'Z', will execute the plan. In pursuance of it 'Z' buys a gun and loads it.

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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.

Principle: Wrongful gain' is gain by unlawful means of property to which the person gaining is not legally entitled. 'Wrongful loss' is the loss by unlawful means of property to which the person losing it is legally entitled.

Facts: 'X' takes away Y's watch out of Y's possession, without Y's consent and with the intention of keeping it.

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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.

Principle: Nothing is an offense by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause any harm if that harm is so slight that no person of ordinary sense and temper would complain of such harm.

Facts: 'X' takes a plain sheet of paper from Y's drawer without Y's consent to write a letter to his friend.

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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.

Principle: Where a person fraudulently or erroneously represents that he is authorised to transfer certain immovable property and professes to transfer such property for consideration, such transfer shall, at the option of the transferee, operate on any interest which the transferor may acquire in such property at any time during which the; contract of transfer subsists.

Facts: 'A', a Hindu who has separated from his father 'B' sells to 'C' three fields, X, Y and Z representing that 'A' is authorised to transfer the same. Of these fields Z does not belong to 'A', it having been retained by 'B' on the partition, but on B's dying 'A' as successor obtains Z and at that time 'C' had not cancelled the contract of sale.

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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.

Principle: Ignorance of law excuses on one.

Facts: 'X' fails to file his income tax returns for a considerable number of years. The Income Tax department serves upon him a show-cause notice' as to why proceedings should not be initiated against him for the recovery of the income tax due from him with interest and penalty. Which of the following derivations is correct?

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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.

Principle: Nothing is an offense which is done by a person who is bound by law to do it.

Facts: 'A', a police officer, without a warrant, apprehends 'Z', who has committed murder.

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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.

Principle: When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.

Facts: Roshan along with two of his friends, Tushar and Tarang proceeded to the house of Darshan in order to avenge an insult made by the brother of Darshan. They opened fire on the members of Darshan's family. It was found that the shots of Roshan did not hit anyone, but the shots of Tushar and Tarang succeeded in killing Darshan.

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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.

Principle: No communication made in good faith is an offense by reason of any harm to the person to whom it is made if it is made for the benefit of that person.

Facts: 'A', a surgeon, in good faith, communicates to a patient his opinion that he cannot live. The patient dies in consequence of the shock.

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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.

Principle: Whoever, being legally bound to furnish information on any subject to any public servant, as such, furnishes, as true information, on the subject which he knows or has reason to believe to be false, has committed a punishable offense of furnishing false information.

Facts: Sawant, a landholder, knowing of the commission of a murder within the limits of his estate, willfully misinforms the Magistrate of the district that the death has occurred by accident in consequence of the bite of a snake.

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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.

Principle: Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with, the knowledge that he is likely by such act to cause death, commits the offense of culpable homicide.

Facts: 'A' knows 'Z' to be behind a bush. 'B' does not know it. 'A', intending to cause, or knowing it to be likely to cause Z's death, induces 'B' to fire at the bush. 'B' fires and kills 'Z'.

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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.

Principle: Whoever, intending to take dishonestly any movable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft.

Facts: 'Z', going on a journey, entrusts his plate to the possession of 'A', the keeper of a warehouse, till 'Z' shall return. Then, 'A' carries the plate to a goldsmith and sells it.

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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.

Principle: Whoever makes any false document or part of a document with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied, contract, or with intent to commit fraud or that fraud may be committed, commits forgery.

Facts: 'A' without Z's authority, affixes Z's seal to a document purporting to be a conveyance of an estate from 'Z' to 'A', with the intention of selling the estate to 'B' and thereby of obtaining from 'B' the purchase- money.

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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.

Principle: Whoever intentionally uses force to any person, without that person's consent in order to the committing of any offense, or intending by the use of such force to cause, or knowing it to be likely that by the use of such force he will cause injury, fear or annoyance to the person to whom the force is used, is said to use criminal force to that other.

Facts: 'Z' is riding in a palanquin. 'A' intending to rob 'Z', seizes the pole and stop the palanquin. Here 'A' has caused cessation of motion to 'Z', and 'A' has done this by his own bodily power.

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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.

Principle: Every person shall be liable to punishment under the Indian Penal Code and not otherwise for every act or omission contrary to the provisions of the Code of which he shall be guilty within the territory of India. In other words, the exercise of criminal jurisdiction depends upon the locality of the offense committed, and not upon the nationality or locality of the offender

Facts: 'X', a Pakistani citizen, while staying at Karachi, made false representations to 'Y' the complainant, at Bombay through letters, telephone calls and telegrams and induced the complainant to part with money amounting to over rupees five lakh to the agents of 'X' at Bombay, so that rice could be shipped from Karachi to India as per agreement; But the rice was never supplied to the complainant.

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

Principle: Theft is the dishonest moving of a property with the intension of taking it, out from the person's possession without his consent.

Factual Situation: A gives his woolen coat to a dry cleaner along with his wife's sarees for the purpose of dry cleaning. He is told to collect the clothes after 2 days. When he comes after 2 days, he finds that he does not have enough money to pay the dry cleaner. But since due to the winter, he needs the coat desperately, he surreptitiously places the coat near his goods, so that he can quietly take it without the knowledge of the dry cleaner. Decision.

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

Principle: Nothing is an offense, 'which is done by a person, who at the time of doing it, by the reason of unsoundness of mind is incapable of knowing the nature of the act, or that what he is doing is either wrong or contrary to law.

Factual Situation: Jack has a bad day at work and is felled at by all his superiors. On the way back from the office, he gets stuck in a traffic jam, which adds to his stress. As Jack nears his home, a person tries to run across the road. Owing to the stress, Jack runs into the person, grievously injuring him. He is prosecuted and he takes the defense that at the time of doing the act he was really stressed and was incapable of knowing what he was doing was wrong. Decision

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

Principle: A person can call police on 100 on emergency regarding information for immediate knowledge of police.

Factual Situation: Ashok running short of time to board on Air India flight from Delhi to London, he made a call on 100 that there was a bomb in the flight for making a delay in departure of flight. Instead, the police nabbed Ashok within minutes and Ashok instead of going to London was sent to Tihar jail. Is there any remedy for him. Decision

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