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 - Legal Reasoning

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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 State shall not discriminate, either directly or indirectly, on the grounds of sex, race, religion, caste, creed, sexual orientation, marital status, disability, pregnancy, place of birth, gender orientation or any other status.

Rule B: 
Direct discrimination occurs when for a reason related to one or more prohibited grounds a person or group of persons is treated less favourably than another person or another group of persons in a comparable situation.

Rule C: 
Indirect discrimination occurs when a provision, criterion or practice which is neutral on the face of it would have the effect of putting persons having a status or a characteristic associated with one or more prohibited grounds at a particular disadvantage compared with other persons.

Rule D: 
Discrimination shall be justified when such discrimination is absolutely necessary in order to promote the well-being of disadvantaged groups, such as women, dalits, religious minorities, sexual minorities or disabled persons.

Facts: 
On 2"° October 2010, the Governor of the state of Bihar ordered the release of all women prisoners who were serving sentence of less than one year imprisonment to mark the occasion of Mahatma Gandhi's birthday. Is the governor's order justified under Rule D?

Options

  • Yes, because it is for the well-being of women prisoners.

  • No, because it is not absolutely necessary for the well-being of women prisoners.

  • No, because it does not promote the well-being of women prisoners or society.

  • None of the above

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Solution

No, because it does not promote the well-being of women prisoners or society.

Concept: Problem-Solving Ability (Entrance Exams)
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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 bidis 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. If the pattadars were compulsorily required to work in the factory for a minimum number of hours every day, then the Company would have been liable to pay compensation to Aashish Mathew if the latter:


Mark the best option:
Principle:

  1. A defamatory statement is one which is intended to or likely to cause a person to be shunned or avoided in the society.
  2. Communicating a false and defamatory statement to a person other than the person about whom the statement is made; is a punishable offense.

Facts: Amit had been suffering from severe ear-ache and head-ache for a week and so he went to an ENT specialist DoctorSunil Babu. Even after consuming medicines prescribed by Doctor Babu for over a week; Amit did not experience any relief. When he went to Doctor Babu's clinic; he was asked by the receptionist to wait for an hour. After waiting for an hour; he was told by another receptionist that Doctor Babu was out of the station. Annoyed at this, he told the receptionist that Doctor Babu should not be negligent in respect of his patients.

Is Amit's remark defamatory?


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