UG-CLAT entrance exam Important Questions for Legal Reasoning

Examine the Statement and Conclusions given below and choose a suitable answer from the options given:

Statement: Necessity knows no law.

Conclusions:

1. The act of a captain throwing some cargo into the ocean to save the ship from sinking is justified by the principle.
2. The act of a man out of poverty and starvation stealing some food from a hotel is justified by the principle.
3. The act of a tourist killing a tiger when it was attacking a villager is justified by the principle.

Examine the Statement and Conclusions given below and choose a suitable answer from the options given:

Statements:

1. Justice delayed is justice denied. Justice hurried is justice buried.
2. More than 3 crore cases are pending in the Indian Courts.

Conclusions:

1. People are not getting justice in India.
2. Disposal of cases by ‘Fast track courts’ results in injustice.
3. Cases must be disposed of within a reasonable time.

Legal Principle: One of the principles of ‘Natural Justice’ states that, “No person shall be a judge in his own cause”.

Facts: A, a driver of B, a Branch Manager of ABC Bank was caught, suspecting theft, in the bank premises. The Bank management instituted an enquiry and made B the enquiry officer.

Which of the following statements is correct?

Legal Principle: Justice should not only be done but also seen to be done.

Facts: L, an honest Lawyer had 200 shares in Company X. Later, L was elevated to the High Court as a Judge and had to deal with Company matters. A dispute between Company X and its creditors came before L for decision.

Which among the following proposition is true?

Legal Principle: A person who keeps hazardous substances in his premises, is responsible for the fault if that substance escapes in any manner and causes damage.

Facts: A, an industrialist stored 1000 litres of liquid ammonia in a tank in his premises for his industrial use. There was a leakage from the tank due to which there was ammonia vapour in the surroundings. Many workers in other industries, as well as his own industry and some members from the public, suffered serious health hazards. Examine the liability of A, if any.

Legal Principle: In the law of evidence, a person missing for long and not heard of, for over seven years is presumed to have died.

Facts: A, B, and C are children of F and M. At the age of 20, A went out in search of a job and was not contacting the family. All attempts to trace A by the family failed. Eight years after the death of the parents, B and C entered into a partition and took an equal share in the property of F and M. One year after this, A returned home with his wife and two children and claimed his share in the property.
Whether A’s claim is legally sustainable?

Legal Principle: ‘Gift' means a transfer of certain existing property made voluntarily and without consideration, by a donor, to a donee, and accepted by or on behalf of the donee during the lifetime of the donor.

Facts: Amit executed a gift deed for property ‘X’ in favour of Sooraj, who happened to be Amit’s loyal servant’s son settled in the U.S. Two months thereafter, Amit died without leaving a will regarding his assets. Amit’s children initiated steps to partition his entire property, including property ‘X’ among themselves. At that time, Sooraj came to India, and learning about the gift, claimed the property ‘X’.

The right to information under the Right to Information Act, 2005 is a:

The primary legislation relating to organ donation and transplantation, aimed at regulation of removal, storage and transplantation of human organs for therapeutic purposes and for prevention of commercial dealings in human organs in India, namely, the Transplantation of Human Organs Act, was passed in the year

LEGAL PRINCIPLE Any direct physical, interference with goods in somebody's possession without lawful justification is called trespass of goods.

FACTS Z purchased a car from a person who had no title to it and sent it to a garage for repair. X believing wrongly that the car was his, removed it from the garage.

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

PRINCIPLE Agreements, the meaning of which is not certain, or capable of being made certain, are void.

FACT A horse was bought for a certain price coupled with a promise to give ₹500 more if the horse proved lucky.

The railway authorities negligently allowed a train to be overcrowded. In consequence, a legitimate passenger Mr. X got his pocket picked. Choose the appropriate answer.

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 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: According to the law of trade unions in India, no suit or other legal proceeding shall be maintainable in any civil court against any registered trade union or any officer or member thereof in respect of any act done in contemplation or in furtherance of a trade dispute.

Facts: Soloman, the Secretary of a registered Trade Union took a loan from a bank for the higher education of his daughter. Soon after completing the course, she was married to an NRI Engineer. Solomon did not repay the loan. The Bank demanded the payments from Soloman and warned him that the Bank will take suitable legal action against him. Identify the legal position in this regard.

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: Every agreement, of which the object or consideration is opposed to public policy, is void. An agreement that has the tendency to injure public interest or public welfare is one against public policy. What constitutes an injury to the public interest or public welfare would depend upon the times and the circumstances.
Facts: 'A' promises to obtain for 'B' employment in the public service, and 'B' promises to pay rupees 5,00,000/- to 'A'.

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: Every partner is liable alone and jointly with other partners for the debts of a partnership firm incurred for the business. Every partner is an agent of every other partner while being a principal in his own right in the business of the partnership. 
Fact Situation: Varun is a partner in a firm with Chinmoy and Jaffar. Jaffar purchases a car for his personal purpose and obtains credit for the same in the name of the partnership behind the back of the other partners. He fails to pay the due amount on the expiry of the period of credit.

Which of the following statements is the most appropriate in relation to the legal principle stated above?

Legal Principle: An agreement entered into by way of a wager/bet is unenforceable in law.

Fact Situation: Thomas is very good at predicting the outcomes of cricket matches. Raja and Hoja give him rupees thousand each to enable him to bet with others about the outcome of a cricket match. Thomas wins rupees three lakh after betting three thousand rupees.  

Which of the following statements is the most appropriate in relation to the legal principle stated above? 

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 ₹ 10,00,000/- (Ten Lac Only) for treatment of his fever. The patient paid an amount of ₹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.

Principle: When a party to a contract has refused to perform or disabled himself from performing his promise in its entirety, the other party shall not put an end to the contract. 

Facts: A engaged B on April 12 to enter his service on June 1, but on May 11, A wrote to B that his services would not be needed. On May 22, B joined C for employment.

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'?

Under which of the following enactments, is the use of mobile phones while driving made punishable?