List of top Legal Studies Questions

Compassionate appointment is an exception to the general rule of appointment which is a way of providing employment to the family of the deceased employee on compassionate grounds. The objective is only to provide solace and succour to the family in difficult times and, thus, its relevancy is at that stage of time when the employee passes away. The mere death of an employee in harness does not entitle his family to such source of livelihood. The authority concerned has to examine the financial condition of the family of the deceased, and it is only if it is satisfied that, but for the provision of employment, the family will not be able to meet the crisis that the job is offered to the eligible member of the family. It was further asseverated in the said judgment that compassionate employment cannot be granted after a lapse of reasonable period as the consideration of such employment is not a vested right which can be exercised at any time in the future. It was further held that the object of compassionate appointment is to enable the family to get over the financial crisis that it faces at the time of the death of sole breadwinner. Thus, compassionate appointment cannot be claimed or offered after a significant lapse of time and after the crisis is over.

Marriage is necessarily the basis of social organisation and the foundation of important legal rights and obligations. The importance and imperative character of the institution of marriage needs no comment. In Hindu law, marriage is treated as a Samskara or a sacrament. The Hindu Marriage Act, 1955 introduced monogamy as a law of marriage among Hindus by virtue of Section 5 clause (i) which is essentially the voluntary union for life of one man with one woman to the exclusion of all others. It enacts, “neither party must have a spouse living at the time of marriage”. The expression ‘spouse’ here used, means a lawfully married husband or wife. Before a valid marriage can be solemnised, both parties to such marriage must be either single or divorced or a widow or a widower and only then they are competent to enter into a valid marriage. If at the time of performance of the marriage rites and ceremonies, one or other of the parties had a spouse living and the earlier marriage had not already been set aside, the later marriage is no marriage at all. The Supreme Court in Bhaurao Shankar Lokhande v. State of Maharashtra, [AIR 1965 SC 1564] held, “Prima facie, the expression ‘whoever marries’ in Section 494 of the Indian Penal Code, 1860 (which defines the offence of bigamy) must mean ‘whoever marries validly’ or ‘whoever marries and whose marriage is a valid one’. If marriage is not valid according to the law applicable to the parties, no question arises of its being void by reason of its taking place during the life of the husband or wife of the person marrying. One of the conditions of a valid marriage under the Hindu Marriage Act, 1955 is that it must be ‘solemnised’. Further, Section 13 (2) of the Act provides for grounds of divorce to wife and states, “A wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground that in the case of any marriage solemnized before the commencement of this Act, that the husband had married again before such commencement or that any other wife of the husband married before such commencement was alive at the time of the solemnization of the marriage of the petitioner: Provided that in either case the other wife is alive at the time of the presentation of the petition”.

The Indian Penal Code, 1860 does not define ‘consent’ in positive terms, but what cannot be regarded as ‘consent’ under the Code is explained by Section 90. Section 90 reads as follows: “90. Consent known to be given under fear or misconception - A consent is not such a consent as is intended by any section of this Code, if the consent is given by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception;…” Consent given firstly under fear of injury and secondly under a misconception of fact is not ‘consent’ at all. That is what is enjoined by the first part of Section 90. These two grounds specified in Section 90 are analogous to coercion and mistake of fact which are the familiar grounds that can vitiate a transaction under the jurisprudence of our country as well as other countries. The factors set out in the first part of Section 90 are from the point of view of the victim. The second part of Section 90 enacts the corresponding provision from the point of view of the accused. It envisages that the accused too has knowledge or has reason to believe that the consent was given by the victim in consequence of fear of injury or misconception of fact. Thus, the second part lays emphasis on the knowledge or reasonable belief of the person who obtains the tainted consent. The requirements of both the parts should be cumulatively satisfied. In other words, the court has to see whether the person giving the consent had given it under fear of injury or misconception of fact and the court should also be satisfied that the person doing the act i.e. the alleged offender, is conscious of the fact or should have reason to think that but for the fear or misconception, the consent would not have been given. This is the scheme of Section 90 which is couched in negative terminology. Section 90 cannot, however, be construed as an exhaustive definition of consent for the purposes of the Indian Penal Code, 1860. The normal connotation and concept of ‘consent’is not intended to be excluded. Various decisions of the High Court and of Supreme Court have not merely gone by the language of Section 90, but travelled a wider field, guided by the etymology of the word ‘consent’.

Apply the legal principles to the facts given below and select the most appropriate answer.
Legal Principles:
1. Negligence is a legal wrong that is suffered by someone at the hands of another who has a duty to take care but fails to take proper care to avoid what a reasonable person would regard as a foreseeable risk.
2. The test of liability requires that the harm must be a reasonably foreseeable result of the defendant's conduct, a relationship of proximity must exist and it must be fair, just and reasonable to impose liability.
3. The claimant must prove that harm would not have occurred 'but for the negligence of the defendant.
4. Duty of care is a legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others.
5. Conversations between a doctor and patient are generally confidential but there are few exceptions.
R, T and U were watchmen in Skypark Society. They were on night shift and began vomiting after drinking tea. They went to the SEM Hospital and complained to the nurse about it. The nurse thought they were vomiting because of alcohol they had been drinking earlier in the evening. However, the nurse reported it to the medical officer who refused to examine them and said that they needed to go home and contact their own doctors. They returned to their workplace, where U's condition deteriorated. U died of arsenic poisoning five hours later on way to hospital.
U's wife brought a claim of negligence against the Hospital administration. She argued that the hospital was negligent in not identifying that U had been poisoned, and the doctor should therefore have seen to him when they first approached the hospital. The hospital denied they were negligent, and in any event said they did not cause his death. Decide.

Which of the following case is known for emphasising the importance of Magistrate in cases of detention?

Annual General Meeting of a public company in India can be held:

Predatory pricing is related to the following:

Following is true about retrenchment:

Which of the following is correct:?

Name the first multilateral disarmament treaty banning the production of an entire category of weapons which is considered as the first global and non-discriminatory disarmament convention outlawing a whole range of weapons of mass destruction, including bio-weapons. India has recently affirmed that obligations on the 40th anniversary of this Convention becomes more pertinent than ever and called it a 'high priority' and asked for its 'full and effective implementation by all states partics,'

According to Article 25 of the Charter of United Nations, members of the United Nations agree to accept and carry out the decisions of which of its organs in accordance with the present Charter:

"Every injury imports a damage, though it does not cost the party one farthing and it is impossible to prove the contrary; for a damage is not merely pecuniary, but an injury imports a damage, when a man is thereby hindered of his right. As in an action for slanderous words, though a man does not lose a penny by reason of the speaking of them, yet he shall have an action." The statement is related to:

He sought to steer a middle course between traditional natural law theory and legal positivism. He rejected traditional religious forms of natural law theory, which view human law as rooted in a rationally knowable and universally binding 'divine law' that derives from God. He criticized legal positivism and defended a secular and procedural form of natural law theory In his widely discussed book, The Morality of Law, he argues that all systems of law contain an "internal morality" that imposes on individuals- a presumptive obligation of obedience. Who was this legal philosopher:

Select the correct statement:

The principle of balancing between losses and gains, by reason of death, to arrive at the amount of compensation is a general rule applicable to the following:

Select the correct statement from the following:

A Public Health Emergency of International Concern (PHEIC) or the global emergency has been defined in the International Health Regulations (IHR, 2005) as, "an extraordinary event which is determined to constitute a public health risk to other States through the international spread of disease and to potentially require a coordinated international response". This definition implies a situation that is: serious, sudden, unusual or unexpected; carries implications for public health beyond the affected State's national border and may require immediate international action. Which international organization has declared the situation of PHEIC recently in 2020:

According to the Statute of International Court of Justice, who can be parties to the disputes before this international Court:

Which of the following are cases relating to environment protection?

He desired to create a pure science of law, stripped of all irrelevant material, and to separate jurisprudence from the social sciences as rigorously as did the analysts. He refused to define law as a command, for that introduces subjective and political considerations and he wished his science to be truly objective.
With whose theory of law, you can relate to the above statements:

Following is true about Mischief Rule:

The following is not true about case of State of Bombay v Hospital Mazdoor Sabha (SC 1960):

Select the correct option:

International law evolved to circumscribe the use of armed force with legal restrictions. The forcible acquisition of territory by conquest became illegitimate and individual criminal liability might attach to those who pursued it. In criminalizing war, this treaty played a role in the development of a new norm of behaviour in international relations, a norm that continues to play a role in our current international order. Which is this treaty or pact which also initiated the concept of renunciation and outlawry of war in international law and also served as the legal basis for the concept of crimes against peace and humanity and on that basis, the trials were held which executed the top leaders responsible for starting World War II:

All members of United Nations shall ipso facto members of which organ of United Nations: