List of top Legal Studies Questions asked in Telangana State Law Common Entrance Test

Directions: Read the following passage and answer the questions given below:

A contract is an agreement enforceable at law, made between two or more persons, by which rights are acquired by one or more to acts or forbearances on the part of the other or others. A contract is an agreement creating and defining obligations between the parties. The Indian Contract Act, 1872 lays down general principles relating to formation and enforceability of contracts; rules governing the provisions of an agreement and offer; the various types of contracts including those of indemnity and guarantee, bailment and pledge and agency. It also contains provisions pertaining to breach of a contract. The Indian Contract Act has defined ”Contract” in Section 2(h) as ”an agreement enforceable by law”. This definition indicates that a contract essentially consists of two distinct parts. First, there must be an agreement. Secondly, such an agreement must be enforceable by law. An agreement gives birth to a contract. As per Section 2(e) of the Indian Contract Act, every promise and every set of promises, forming the consideration for each other, is an agreement. Agreements relating to social matters in which the idea of bargain is absentand there is no intention to create legal relations are not contracts. To form a valid contract there must be: an agreement based on the
genuine consent of the parties, supported by a lawful consideration made for a lawful object, and between the competent parties. One
of the early steps in the formation of a contract lies in arriving at an agreement between the contracting parties by means of an offer and acceptance. When one party (the offeror) makes a definite proposal to another party (the offeree) and the offeree accepts it in its entirety and without any qualification, there is a meeting of the minds of the parties and a contract comes into being, assuming that all other elements are also present.

What are the essentials of a valid contract?

Directions: Read the following passage and answer the questions given below:

A contract is an agreement enforceable at law, made between two or more persons, by which rights are acquired by one or more to acts or forbearances on the part of the other or others. A contract is an agreement creating and defining obligations between the parties. The Indian Contract Act, 1872 lays down general principles relating to formation and enforceability of contracts; rules governing the provisions of an agreement and offer; the various types of contracts including those of indemnity and guarantee, bailment and pledge and agency. It also contains provisions pertaining to breach of a contract. The Indian Contract Act has defined ”Contract” in Section 2(h) as ”an agreement enforceable by law”. This definition indicates that a contract essentially consists of two distinct parts. First, there must be an agreement. Secondly, such an agreement must be enforceable by law. An agreement gives birth to a contract. As per Section 2(e) of the Indian Contract Act, every promise and every set of promises, forming the consideration for each other, is an agreement. Agreements relating to social matters in which the idea of bargain is absentand there is no intention to create legal relations are not contracts. To form a valid contract there must be: an agreement based on the
genuine consent of the parties, supported by a lawful consideration made for a lawful object, and between the competent parties. One
of the early steps in the formation of a contract lies in arriving at an agreement between the contracting parties by means of an offer and acceptance. When one party (the offeror) makes a definite proposal to another party (the offeree) and the offeree accepts it in its entirety and without any qualification, there is a meeting of the minds of the parties and a contract comes into being, assuming that all other elements are also present.

What are the various types of contracts in the Indian Contract Act?

Directions: Read the following passage and answer the questions given below:

The constitutional system entrusts the judiciary with administration of justice, including adjudication of disputes and interpretation of laws between citizens and the State and States inter se, between the Union and a State. The courts are independent of the Executive and the Legislature and the Judges are free under a constitutional guarantee. The pyramid of courts is protected by the Constitution. At the floor level are the subordinate courts under the control of the High Courts. The judges of the High Courts are not under any other authority except the Constitution and their judgments can be modified or reversed only by the Supreme Court which declares the law and adjudicates disputes binding on all institutions of national life. Article 141 vests the Supreme Court of India with plenary power in this regard. Indeed, the Indian courts at the higher levels have the power even to declare legislation passed by the state legislatures and Parliament ultra vires of the Constitution. In short, the Indian judiciary enjoys an authority which is the summation of the Court of Appeal and the House of Lords in England and the Supreme Court of the United States, perhaps more. Thus, in a broad sense, justice, a supreme value under our supreme lex, is primarily entrusted to the court system in India. While the courts are independent of the executive, they are not independent of the nation or the Constitution. It is accountable to the nation and works under the Constitution. All power, including judicial power, is a people’s trust. That is why the goal of social revolution assured by Part - III which enunciates Fundamental Rights and Part-IV which articulates the Directive Principles of State Policy has to be shared not shunned, by the judiciary. The dynamic Rule of Law is an instrument of social change and the judicial process must effectuate this transformation in the social order. It must defend the Fundamental Rights of citizens and Human Rights of persons to the extent the Constitution gives expression. It must protect the basic structure of the Constitution itself and pave the way for social revolution by upholding legislative measures and executive projects designed to achieve the national objective. The unity of India is also symbolized by the unified judicature with the Supreme Court at the apex. Dr. Ambedkar described the Indian judicial system as ”one single integrated judiciary having jurisdiction 
and providing remedies in all cases arising under the Constitutional law, the civil or the criminal law.” The progressive march of the na-
tion, its integrity and unity, its guarantee of legality and equality are in the hands of the judiciary in a large sense; and, functionally
speaking, the court’s performance has to be judged by the measure of success which has attended upon its fulfilment of this expectation.
Indeed, the cornerstone of the nation, the major pillar of its stability and, the orderly course of its progress depends in substantial measure upon the judicial process- the system and the cadres which work with the system. Social justice is the end; judicial justice is the means; the legislative and executive operations are human engineering, and together the three branches of government have to work in comity so that the Constitution may fulfil what the founding fathers designed. Of course, in the final analysis, it is the people themselves who wield power and authority and a Constitution which is not activated by vigilant popular pressure cannot save a sinking nation. The price of a successful Constitution is constant commitment to the people, not perfect manipulation of legal clauses.

Which of the following statements is not true?

Directions: Read the following passage and answer the questions given below:

The constitutional system entrusts the judiciary with administration of justice, including adjudication of disputes and interpretation of laws between citizens and the State and States inter se, between the Union and a State. The courts are independent of the Executive and the Legislature and the Judges are free under a constitutional guarantee. The pyramid of courts is protected by the Constitution. At the floor level are the subordinate courts under the control of the High Courts. The judges of the High Courts are not under any other authority except the Constitution and their judgments can be modified or reversed only by the Supreme Court which declares the law and adjudicates disputes binding on all institutions of national life. Article 141 vests the Supreme Court of India with plenary power in this regard. Indeed, the Indian courts at the higher levels have the power even to declare legislation passed by the state legislatures and Parliament ultra vires of the Constitution. In short, the Indian judiciary enjoys an authority which is the summation of the Court of Appeal and the House of Lords in England and the Supreme Court of the United States, perhaps more. Thus, in a broad sense, justice, a supreme value under our supreme lex, is primarily entrusted to the court system in India. While the courts are independent of the executive, they are not independent of the nation or the Constitution. It is accountable to the nation and works under the Constitution. All power, including judicial power, is a people’s trust. That is why the goal of social revolution assured by Part - III which enunciates Fundamental Rights and Part-IV which articulates the Directive Principles of State Policy has to be shared not shunned, by the judiciary. The dynamic Rule of Law is an instrument of social change and the judicial process must effectuate this transformation in the social order. It must defend the Fundamental Rights of citizens and Human Rights of persons to the extent the Constitution gives expression. It must protect the basic structure of the Constitution itself and pave the way for social revolution by upholding legislative measures and executive projects designed to achieve the national objective. The unity of India is also symbolized by the unified judicature with the Supreme Court at the apex. Dr. Ambedkar described the Indian judicial system as ”one single integrated judiciary having jurisdiction 
and providing remedies in all cases arising under the Constitutional law, the civil or the criminal law.” The progressive march of the na-
tion, its integrity and unity, its guarantee of legality and equality are in the hands of the judiciary in a large sense; and, functionally
speaking, the court’s performance has to be judged by the measure of success which has attended upon its fulfilment of this expectation.
Indeed, the cornerstone of the nation, the major pillar of its stability and, the orderly course of its progress depends in substantial measure upon the judicial process- the system and the cadres which work with the system. Social justice is the end; judicial justice is the means; the legislative and executive operations are human engineering, and together the three branches of government have to work in comity so that the Constitution may fulfil what the founding fathers designed. Of course, in the final analysis, it is the people themselves who wield power and authority and a Constitution which is not activated by vigilant popular pressure cannot save a sinking nation. The price of a successful Constitution is constant commitment to the people, not perfect manipulation of legal clauses.

What is required for a successful Constitution?

Directions: Read the following passage and answer the questions given below:

The constitutional system entrusts the judiciary with administration of justice, including adjudication of disputes and interpretation of laws between citizens and the State and States inter se, between the Union and a State. The courts are independent of the Executive and the Legislature and the Judges are free under a constitutional guarantee. The pyramid of courts is protected by the Constitution. At the floor level are the subordinate courts under the control of the High Courts. The judges of the High Courts are not under any other authority except the Constitution and their judgments can be modified or reversed only by the Supreme Court which declares the law and adjudicates disputes binding on all institutions of national life. Article 141 vests the Supreme Court of India with plenary power in this regard. Indeed, the Indian courts at the higher levels have the power even to declare legislation passed by the state legislatures and Parliament ultra vires of the Constitution. In short, the Indian judiciary enjoys an authority which is the summation of the Court of Appeal and the House of Lords in England and the Supreme Court of the United States, perhaps more. Thus, in a broad sense, justice, a supreme value under our supreme lex, is primarily entrusted to the court system in India. While the courts are independent of the executive, they are not independent of the nation or the Constitution. It is accountable to the nation and works under the Constitution. All power, including judicial power, is a people’s trust. That is why the goal of social revolution assured by Part - III which enunciates Fundamental Rights and Part-IV which articulates the Directive Principles of State Policy has to be shared not shunned, by the judiciary. The dynamic Rule of Law is an instrument of social change and the judicial process must effectuate this transformation in the social order. It must defend the Fundamental Rights of citizens and Human Rights of persons to the extent the Constitution gives expression. It must protect the basic structure of the Constitution itself and pave the way for social revolution by upholding legislative measures and executive projects designed to achieve the national objective. The unity of India is also symbolized by the unified judicature with the Supreme Court at the apex. Dr. Ambedkar described the Indian judicial system as ”one single integrated judiciary having jurisdiction 
and providing remedies in all cases arising under the Constitutional law, the civil or the criminal law.” The progressive march of the na-
tion, its integrity and unity, its guarantee of legality and equality are in the hands of the judiciary in a large sense; and, functionally
speaking, the court’s performance has to be judged by the measure of success which has attended upon its fulfilment of this expectation.
Indeed, the cornerstone of the nation, the major pillar of its stability and, the orderly course of its progress depends in substantial measure upon the judicial process- the system and the cadres which work with the system. Social justice is the end; judicial justice is the means; the legislative and executive operations are human engineering, and together the three branches of government have to work in comity so that the Constitution may fulfil what the founding fathers designed. Of course, in the final analysis, it is the people themselves who wield power and authority and a Constitution which is not activated by vigilant popular pressure cannot save a sinking nation. The price of a successful Constitution is constant commitment to the people, not perfect manipulation of legal clauses.

As per the author, what should be the yardstick to measure the success of the Judiciary?

Directions: Read the following passage and answer the questions given below:

The constitutional system entrusts the judiciary with administration of justice, including adjudication of disputes and interpretation of laws between citizens and the State and States inter se, between the Union and a State. The courts are independent of the Executive and the Legislature and the Judges are free under a constitutional guarantee. The pyramid of courts is protected by the Constitution. At the floor level are the subordinate courts under the control of the High Courts. The judges of the High Courts are not under any other authority except the Constitution and their judgments can be modified or reversed only by the Supreme Court which declares the law and adjudicates disputes binding on all institutions of national life. Article 141 vests the Supreme Court of India with plenary power in this regard. Indeed, the Indian courts at the higher levels have the power even to declare legislation passed by the state legislatures and Parliament ultra vires of the Constitution. In short, the Indian judiciary enjoys an authority which is the summation of the Court of Appeal and the House of Lords in England and the Supreme Court of the United States, perhaps more. Thus, in a broad sense, justice, a supreme value under our supreme lex, is primarily entrusted to the court system in India. While the courts are independent of the executive, they are not independent of the nation or the Constitution. It is accountable to the nation and works under the Constitution. All power, including judicial power, is a people’s trust. That is why the goal of social revolution assured by Part - III which enunciates Fundamental Rights and Part-IV which articulates the Directive Principles of State Policy has to be shared not shunned, by the judiciary. The dynamic Rule of Law is an instrument of social change and the judicial process must effectuate this transformation in the social order. It must defend the Fundamental Rights of citizens and Human Rights of persons to the extent the Constitution gives expression. It must protect the basic structure of the Constitution itself and pave the way for social revolution by upholding legislative measures and executive projects designed to achieve the national objective. The unity of India is also symbolized by the unified judicature with the Supreme Court at the apex. Dr. Ambedkar described the Indian judicial system as ”one single integrated judiciary having jurisdiction 
and providing remedies in all cases arising under the Constitutional law, the civil or the criminal law.” The progressive march of the na-
tion, its integrity and unity, its guarantee of legality and equality are in the hands of the judiciary in a large sense; and, functionally
speaking, the court’s performance has to be judged by the measure of success which has attended upon its fulfilment of this expectation.
Indeed, the cornerstone of the nation, the major pillar of its stability and, the orderly course of its progress depends in substantial measure upon the judicial process- the system and the cadres which work with the system. Social justice is the end; judicial justice is the means; the legislative and executive operations are human engineering, and together the three branches of government have to work in comity so that the Constitution may fulfil what the founding fathers designed. Of course, in the final analysis, it is the people themselves who wield power and authority and a Constitution which is not activated by vigilant popular pressure cannot save a sinking nation. The price of a successful Constitution is constant commitment to the people, not perfect manipulation of legal clauses.

In what respect is the Indian judiciary a summation of the Court of Appeal, House of Lords and the Supreme Court of the United States?

Directions: Read the following passage and answer the questions given below:

The constitutional system entrusts the judiciary with administration of justice, including adjudication of disputes and interpretation of laws between citizens and the State and States inter se, between the Union and a State. The courts are independent of the Executive and the Legislature and the Judges are free under a constitutional guarantee. The pyramid of courts is protected by the Constitution. At the floor level are the subordinate courts under the control of the High Courts. The judges of the High Courts are not under any other authority except the Constitution and their judgments can be modified or reversed only by the Supreme Court which declares the law and adjudicates disputes binding on all institutions of national life. Article 141 vests the Supreme Court of India with plenary power in this regard. Indeed, the Indian courts at the higher levels have the power even to declare legislation passed by the state legislatures and Parliament ultra vires of the Constitution. In short, the Indian judiciary enjoys an authority which is the summation of the Court of Appeal and the House of Lords in England and the Supreme Court of the United States, perhaps more. Thus, in a broad sense, justice, a supreme value under our supreme lex, is primarily entrusted to the court system in India. While the courts are independent of the executive, they are not independent of the nation or the Constitution. It is accountable to the nation and works under the Constitution. All power, including judicial power, is a people’s trust. That is why the goal of social revolution assured by Part - III which enunciates Fundamental Rights and Part-IV which articulates the Directive Principles of State Policy has to be shared not shunned, by the judiciary. The dynamic Rule of Law is an instrument of social change and the judicial process must effectuate this transformation in the social order. It must defend the Fundamental Rights of citizens and Human Rights of persons to the extent the Constitution gives expression. It must protect the basic structure of the Constitution itself and pave the way for social revolution by upholding legislative measures and executive projects designed to achieve the national objective. The unity of India is also symbolized by the unified judicature with the Supreme Court at the apex. Dr. Ambedkar described the Indian judicial system as ”one single integrated judiciary having jurisdiction 
and providing remedies in all cases arising under the Constitutional law, the civil or the criminal law.” The progressive march of the na-
tion, its integrity and unity, its guarantee of legality and equality are in the hands of the judiciary in a large sense; and, functionally
speaking, the court’s performance has to be judged by the measure of success which has attended upon its fulfilment of this expectation.
Indeed, the cornerstone of the nation, the major pillar of its stability and, the orderly course of its progress depends in substantial measure upon the judicial process- the system and the cadres which work with the system. Social justice is the end; judicial justice is the means; the legislative and executive operations are human engineering, and together the three branches of government have to work in comity so that the Constitution may fulfil what the founding fathers designed. Of course, in the final analysis, it is the people themselves who wield power and authority and a Constitution which is not activated by vigilant popular pressure cannot save a sinking nation. The price of a successful Constitution is constant commitment to the people, not perfect manipulation of legal clauses.

As per which Article in the Constitution of India, the Judgments of the Supreme Court are binding on all Courts in India?

Read the following passage and answer the questions from 111 - 115: 

The Constitution of India came into force on January 26, 1950. It is a comprehensive document. Apart from dealing with the structure of Government, the Constitution makes detailed provisions for the rights of citizens and other persons in a number of entrenched provisions and for the principles to be followed by the State in the governance of the country, labelled as ”Directive Principles of State Policy”. All public authorities - legisla- tive, administrative and judicial derive their powers directly or indirectly from the Constitution which in turn derives its authority from the people. The freedoms under Article 19 are those great and basic rights which are recognized as the natural rights inherent in the status of a citizen. At the same time, none of these freedoms are absolute but subject to reasonable restrictions specified under sub-clauses (2) to (6) of Article 19 of Indian Constitution. The Sub-committee on Fundamental Rights constituted by the Constituent Assembly suggested two types of Fundamental Rights - one which can be enforced in the Courts of law and the other which because of their different nature cannot be enforced in the law courts. Later on, however, the former were put under the head ‘Fundamental Rights’ as Part III and the later were put separately in Part IV of the Constitution under the heading ‘Directive Principles of State Policy’. The Articles included in Part IV of the Constitution (Articles 36 to 51) contain certain Directives which are the guidelines for the Government to lead the country. Article 37 provides that the ‘provisions contained in this part (i) shall not be enforceable by any Court, but the principles therein laid down are nevertheless (ii) fundamental in the governance of the country and it shall be the duty of the state to apply these principles in making laws. Article 51A imposes the fundamental duties on every citizen of India Since the duties are imposed upon the citizens and not upon the States, legislation is necessary for their implementation. Fundamental duties can’t be enforced by writs.