AILET entrance exam Question Bank Solutions

In 2017, the Special Leave Petition for re-investigation in the Mahatma Gandhi murder case was filed by ___________.

An accused is entitled to statutory bail (default bail) if the police failed to file the charge-sheet ___________ within of his arrest for the offence punishable with 'imprisonment up to 10 years'.

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: Nothing is an offence which is done in the exercise of the right of private defence. Nothing is an offence which is done in madness.

Facts: A, under the influence of madness, attempts to kill B. B to save his life kills A.  

Mark the best option:
Facts: Kumar had a ferocious dog which used to guard his house. One evening when Mohan was returning home after illegally purchasing an unlicensed gun, he happened to pass Kumar’s house, the latter’s dog ran out and bit Mohan’s trouser and on Mohan's turning around and raising his gun the dog ran away. Mohan shot the dog as it was running into the house. Kumar’sdog died after two days because of the gunshot and he sued Mohan for compensation.
Principle:

1. Every person has a right to defend his own person, property or possession against unlawful harm.
2. The person may use reasonable force in order to protect his person, property or possession.
3. However, the force employed should be proportionate to the apprehended danger.

Mark the best option:
Facts: A fabric trader wanted to travel to Ludhiana to meet his distributors and show them the new stock of fabric. He hired a taxi and drove from Chandigarh to Ludhiana with samples of the new fabric. The trader stopped at a restaurant to grab some lunch. He asked the taxi driver to eat something as well and told him that he would return in ½ hour. The taxi driver took advantage of this opportunity and acting in collusion with some petty thieves, facilitated the stealing of some of the fabric samples by the latter. It was only on the next day that the fabric trader realized that some of his samples were missing. He suspected the taxi driver of carrying out this theft. Eventually, he sued the taxi company for the value of the stolen goods. Decide the case.
Principle: A master is vicariously liable for the wrongful acts of his servant in the course of his employment and which fall within the scope of employment of the servant.

Mark the best option:
Facts: Vir, a window cleaner was hired to clean the windows of Palam club. One of the windows was defective and so when it was being cleaned, it ran down quickly and injured the hand of the window cleaner and caused injuries. Vir used Palam club for damages Decide.
Principle: The occupier can expect that a person in the exercise of his calling will appreciate and guard against risks incidental to his calling and he need not be, therefore, warned about them.

Mark the best option:
Fact: Ganesh had a ferocious dog as his pet. The dog used to terrorize people in the neighborhood by attacking the pet animals. One day the dog started attacking Bipasha’s cat on the road and followed the cat into Bipasha’s house and continued attacking her cat. Her cat was seriously wounded and was bleeding. Bipasha made several attempts to chase the dog away but it was of no use, so she got hold of a kitchen knife and inflicted a severe wound on the dog’s body. After this, the dog ran off. The dog subsequently died because of the wound. Ganesh sued Bipasha for damages saying that she should have called him for help.
Principle:

1. Every person has a right to defend his own person, property or possession against unlawful harm.
2. The person may use reasonable force in order to protect his person, property or possession
3. However, the force employed should be proportionate to the apprehended danger.

Mark the best option:
Facts: Babu, the driver of the bus, parked the bus at the karamangala bus station and went to the nearby bakery shop for some cutlets and samosas. Ranjit, the cleaner of the bus, on his own initiative took charge of the bus and drove it through the neighboring by-lanes. While reversing the bus he ran over a man who was trying to cross the road. The man was seriously injured and had to be hospitalized. The man sued the bus company for damages. Decide
Principle: A master is vicariously liable for the negligent acts of his servant acting in the course of his employment.

Mark the best option:
Facts: Manohar and Dev are childhood friends. One day while ploughing the field they have an argument and end up in blows. Satish, another farmer, has to intervene and separate them. Manohar swears that he will take revenge. In the evening Satishtells Dev that Manohar wants to reach a settlement and asks him to wait near the Mukhiya’s farmland behind the rose bush. Dev sits behind the bush and waits. Meanwhile, Satish goes to Manohar and tells him that wild animals have attacked theMukhiya’s farmland and asks Manohar to bring his shotgun to scare the animals away. On reaching the farm, Satish shouts out loudly that he has spotted a leopard behind the rose bush and asks Manohar to fire at the bush. Manohar fires two rounds. The bullet hits and kills Dev.
Principle: Whoever causes death by doing an act with the intention of causing death or bodily injury as is likely to cause death or with the knowledge that he is likely by such act to cause death commits the offence of culpable homicide.

Mark the best option:
Facts: A had pawned his gold chain to B. One night he sneaks into B’s shop and takes away the gold chain. B had installed a CCTV in his shop and when he replays the previous days recording he finds out what A has done. B wants to file a complaint of theft against A. He comes to you for advice. Give legal advice to B.
Principle: Whoever, intending to take dishonestly any moveable property out of the possession of any person without that person's consent moves that property in order to take it, is said to commit theft.

Mark the best option:
Facts: Manish finds a gold watch lying on the road next to his house. He puts the watch in his pocket and returns home. Has Manish committed theft?
Principle: Whoever, intending to take dishonestly any moveable property out of the possession of any person without that person's consent moves that property in order to take it, is said to commit theft.

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: When a person makes such a statement that lowers another person's reputation in the estimation of other persons, it is liable for committing defamation.

Facts: 'A' writes a letter to 'B' in which he uses abusive language against 'B' and also states that 'B' is a dishonest person. 'A' put the letter in a sealed envelope and delivered it to 'B'.

Mark the best option:
Principle: A contract is said to be induced by "undue influence" where the relations subsisting between the parties are such that one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other. Such a contract is void.

Facts: Jasmeet is the owner of a small scale unit manufacturing detergent soap and powder. To add to the capacity of the unit he wanted to purchase some new machinery worth Rupees fifteen lacs for which he approached a bank. Taking into account the financial position of Jasmeet and a higher risk of default associated with lending to a small scale unit; the bank manager agreed to lend the sum on 18.5% interest compounded annually even as the interest rate at which the bank lent to business houses was 12.5% on an average; the sum was to be repaid in five years. Jasmeet paid the first two installments but refused to pay any further installments citing the aforementioned principle.

Decide on the question of the validity of the contract.

Mark the best option:
In a lawsuit, an action in personam is directed towards –

In India, the literary work is protected until

The law relating to prisoners of war has been codified by

When goods are displayed in a shop with a price tag, it is

Development of the law of tort has taken through:

___ is NOT a Central Government tax.

The Government of India is planning to open Rail Link between Sealdah to Devpura. Devpura is located in –