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    Clat Mock 38 Law Prep

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    Mayank Khaitan

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    LAW PREP] online Mock 38 — Tutorial— es Max, Marks: 151 Student Name Batch Enrollment No. INSTRUCTIONS TO CANDIDATES asthe 1. NoClarification on the question paper cai be sought. Answer the question : are 150 multiplechoice objective type questions. Answi nak Total marks: BREAK-UP OF MARKS Allthe questions 3. Fachquestion carries ONE Section No. of Question ‘Marks English 30 30 jaaniitative Tees] 1 iB Logical Reasoning. 25 235 Tegal Reasoning 2 2, Current Affairs 40 0. 4. There will beNegative Marking, 0.25 markswill be deducted forevery wronganswer. toindicatethecornectansw Candidates ha arkeningone of the four responses provided, with BLACK/BLUEBALL POINTFEN in the OM AnswerSheet Constitution have been borrowed from’, the correct Example. For the question, ‘The Emergency Provisions of Indi answer (8) Thecandida (ajar {) Germany (6) USSR iayusa asta darken the oorrespanding circle as indicated below: Right Method Wrong Methods @eo@e @BOGO E2800 8809 6 Answeringthe question by any method other than the method indicated above shall beconsidered wrong answer aswronganswer 7. More than oneresponse to aquestion shall he coun 8. The thing on the OME Answer Sheet other than the dl provided for 9. After the Testis over, the candidate has to return the test hooklet along with the OMR Answer Shee! to the invigilatot shall not write nil ails required and in the spaces 10. Theuse ofany unsiemeansby any candidate shall result in the cancellation of hisyhercandiature and the canstidate. apart from disqualification.may have toface criminal prose tent LL. Impersonation isano‘fene 12, loctronic gadgetslike mobile phones, pagersor 13. Thecandidates shall not eave the hall before the Testis over latorsete.are strictly notpermitted inside the eee 10. 61, SL Paul School Road, Shastri Nag Ph. 0291-2655777. 94141 43101, 76659 44999 JODHPUR - 342 003 www.lawpreptutorial.com LAW PREP : —Tutorial— CLAT 2020 / Online Mock: Section - I: English Language ‘The main problem with getting Poonachi's ear pierced was the set of questions it would provoke. "Where was she born? What was her mother's name? Who raised her mother? How much was she bought for?" The couple who owned Poonac would have to respond to such questions. If they replied that they had received the newborn as a gift, that a man who looked like Bakasuran, the gluttonous demon, had given her away, the authorities might register a case of false testimony. "Bring that Bakasuran here,” they would say. "Has he got his ear pierced? He could be a spy from a foreign country; are you his accomplice?" Accusations would be flung at the couplélike arrows!" the was in possession of a kid whose ears were not pierced, he might be an eneffly of the regime,” the authérities would declare. If they were to ask, "How did you come into contaet with him? What else have you received from hish?" the couple would have no answer. The regime had the power to turn its own people, at any moment, into adversaries, enemies and traitors. After taking everything jinto account, they decided to wait for ten or fifteen days. In that time, the pregnant goat in their yard would have delivered her litter. Her first pregnancy had yielded just one kid; the next few uniformly yielded two kids each. They couild easily club Poonachi with two newborns and claim a litter of three. Her puny shape woultsupport that claim. Her black colour was a problem, however. Most of the goats in the state were white, A few were brown, but black ones were rare. Once upion a time, so the lore went the state teemed with black goats. Since they could not be recognised in the darkiwhenengaged in any criminal activity, the regime had, it was rumoured, deliberately wiped.them out. Even.so,black goats could still be spotted here and.there."Their colour provoked instant hostility. When they saw Poonachi, the officials would go on the alert immediately. From that day on, Poonachi got a rediiced quantity of even the thin gritel she had to live Of, The old ‘woman was intent on not letting her grow fat. They would take the kids to thealithorities four or five days after the pregnant goat delivered her litter. At that time, there should be no vi le difference between Poonachi and the other two newborn kids. 1, Which,of the following can bétorfectly inferFéd from the givenpassage? (a) Goats were required by law to have their ears pierced, (b) Anyone who owned a goat with its ears pierced is considered an enemy. (c) White coloured goats are exception to the type of goats found in the state, (@) The only thing available for Panoochi to eat was gruel. 2. What does the word ‘puny’ as used in the passage mean? (a) strong and stout (b) shy and timid (c)_ small and weak (d)_ strange and horrifying What, according to the passage, can be inferred about the couple? (a) They were poor and could not properly feed the goat. (b) They decided to claim Poonachi was given birth by a demon. (c)_ They were fearful of the members of the community. (d) They were not eager to reveal where they found Poonachi. 4, How, according to the passage, has the couple decided to solve their problem? (a) They would let the goat get fat. (b) They would dye its hair so it would no longer be black. (c)_ They would present it as partaf the littePeftheir pregnant goat. (d)_ They would have the goat slaughtered and sell the meat. 5. What, according to thé passage, was the main issue the couple faced concerning the goat? (a) They had to find someoné who could pierce its ears, (b)_ They had to explain how they acquired the goat. (c)_ They had to explain why their goat's coat was different from other goats. (d) People became angry seeing the goat and its dark colour. Throughout my association)jvith the penalysystem.) () (a) There is no requirementsof'data to show th@ladequacy/ lack thereof of representation of SC/ST candidates inffhe state's services, and resefyation can be given even despite the absence of such data. ‘The provisions df reservations in the Constitution)are enabling provisions, and do not enjoin the Central state goverriment(s) to provide reservations if they decide not to do so. Reservations dannot be availed in case of promotions, which have to be based solely on merit. ‘The High Court passed an order that was procedurally flawed. Article 16(1) of the Constitution reads: “16 (1) Theré shall/be equality of opportunity for all citizens in matters relating to employmentorappointment to any office under the State.” Which of the following, iflheld by the Supreme Court in future case, will weaken the Supreme Court's position in the currentease the most? (a) (oy () (a) The 69% Amendment Act is unconstitutional: Quantifiable data on the adequacy/ lack thereof of SCs/STs in government service of the Centre/state concerned is necessary to provide.reservations to SC/ST candidates. Since SC/ST communities haye historically been disadvantaged, ensuring equality demands the provision ofreservationg to members ofthese communities, ‘The Right toavail reservations is a statutory right. Which of the following most accurately sums up the position of the author about the judgment? (a) (b) () (d) The author believes thattheposition ofthe Supreme Courtisicontradictory to what it held in previous judgments. The author believes that the Supreme Court's interpretation of the constitutional provisions iif question is Superficial: The author does not reveal any particular position with respect to the judgment in the passage and sticks to describing the judgment. The author believes that though the judgment is not violative of the provisions of the Constitution as such, it might seem untenable in the face of an alternate conception of equality. 14, 15. 16. 17. Rishi, a dentist, took a break for a year from his medical practice. After a year, when he resumed to work, Anita was his first patient. Rishi's equipments were rusted. He nevertheless performed the surgery on Anita, Anita got a severe mouth infection, Decide. (a) This a case of negligence on part of Anita as she should have been more careful and should have instructed the doctor to use clean tools. (b) Rishi would not be held liable for malfeasance. (c)_ Rishi would be held liable for misfeasance. (d) None of the above Achal was suffering from Covid-19ni@ was adffitted in Lowwan hospital since past week. He was under observation. One dayylie went missing from his Ward. After a detailed search, he was found dead in the washroom. He had beenstabbed withya knife. His wife filed a case against the hospital. Decide. (a) The hospital is liable for malfeasance as being negligent. (b). The hospital is liable for misfeasance. (c)_ The hospital i$ liable fornom-feasance. (d) None ofthe above A 19 ft. tall memorial statute was builton themain road of Jodhpur 25 years ago. The statue fell down and many peoplé\were injured and a few died. The statue had not been maintained for many years and Municipal Corporation was required tosfaintain it. Decide. (a) Theact of MC officer was malfeasance on aceatint of being negligent. (b)_The act of MC officer was misfeasance on account of being negligent. (c)_ Theact of MC officer was non-feasance. (d) Both (A) and (c) An event management company was hired by Chettié for her wedding preparations for the décor, food and DJ{The company did a wonderful décor, the food quality was up to the mark and DJ was wortderfill Afitbribed the company and they poisoned the drinks at the wedding: Decide. (a) The act of compaifiyiWas malfeasance. (bJMTHESELSFEm pany was misfeasance. () Theact of company was nor-feasance. (d)..None.of the above Now India's children have a right to receive at least eight years of education, the gnawing question is whether’ it will remain ‘on paper’ or "become a reality’. One hardly needs a reminder that this right is different from the others enshrined in the Constitution, that the beneficiary - a six year old child cannot demand it, nor can she or he fight a legal battle when the right is denied or violated. In all cases, it is the adult society which must act on behalf of the child. In another peculiarity, where a child’s right to education is denied, no compensation offered later can be adequate or relevant. This is so because childhood does not last. if a legal battle fought on behalf of a child is eventually won, it may be of little use to the boy or girl because the opportunity missed at school during childhood cannot serve the same purpose later in life. This may be painfully true for girls because our society permits them only a short childhood, if at all. The Right to Education(RTE) Raslbecome law at a point in India’s history when the ghastly practice of female infat ide has resurfaced in the frm of feticides. This is "symptomatic of a deeper turmoil" in society which compotinding théltraditional obstacles to the education of girls Tenacious prejudice against the intelléctual potential of gifls runs aeross our cultural diversity and the system of education has not been able to address it, 18. With reference to the passage, consider the following statements: 1, When children are denied education, adult society does not act on behalf of them, 2, Right to Education as a law cannot be enforcedin the country. Which of the statements given above is/are correct? (a) 1only (b) 2only () Both 1and2 (@) Neithér 1 nor 2 19, According to the passage, what could beitheltraditional obstacles to the education of girls? 1, Inabitity of parents to fight a legal battle when the Right to Education is denied’ to their 3. The prejudice against the intellectual potential of girls 4, Improper system of education, Select the correet answer: (a) 1and 2only (b) 2,3and 4 only (©),.1,3 and 4 only ()pde2, Sand 20. On the basis of the passage, consider the following statements: {eRIght to Hd Weation is legal Fight and hota fundamental Fight: 2. For realising the goal of universal education, the education system in the country must be made identical to that of developed countries. Which of the statements given above is/are correct? (a) 1only (b) 2only (c) Both 1and 2 (a) Neither 1 nor 2 14, 15. 16. 17. Rishi, a dentist, took a break for a year from his medical practice. After a year, when he resumed to work, Anita was his first patient. Rishi's equipments were rusted. He nevertheless performed the surgery on Anita. Anita got a severe mouth infection. Dé (a) This a case of negligence on part of Anita as she should have been more careful and should le. have instructed the doctor to use clean tools. (b) Rishi would not be held liable for malfeasance. (c)_ Rishi would be held liable for misfeasance. (d)_ None of the above Achal was suffering from Covid-1 9nd was admitted in Lowwan hos} I since past week. He was under observation. One dayyhe went missing from his Ward. After a detailed search, he was found dead in the washroom. He had beenstabbed with)a knife. His wife filed a case against the hospital. Decide. (a) The hospital is liable for malfeasance as being negligent. (b) The hospital is liable for misfeasance. (c)_ The hospital is liable for non-feasance (@)_ None of the above A 19 ft. tall memorial statute was builton themain road of Jodhpur 25 years ago. The statue fell down and many peoplé\were injured and a few died. The statue had not been maintained for many years and Municipal Corporation was required tosfaintain it. Decide. (a) Theact of MC officer was malfeasance on aceatint of being negligent. (b)_The act of MC officer was misfeasance on account of being negligent. (c)_ Theact of MC officer was non-feasance. (d) Both (A) and (c) An event management company Was hited by Chetwé for her wedding preparations for the décor, food and DJ/The company did.a wonderful décor, the food quality Was up to the mark and DJ was worlderfil! Ajitbribed the company and they poisoned the drinks at the wedding: Decide. (a) The act of compatiy|was malfeasance. (b)ETHEACFEOmpany was misfeasance. (©) The act of company was nonfeasance. (d)..None.of the above 12:44PM @B « Oat 2. Qo < : x «@ Online Mock 38.c. »nline.lawpreptutorial.com Copyrights are generally owned bythe peopl wi create the work of expression Some exceptions Ia wor is ereated by an employee in the course of bis or her employment, the employer ons the copyright Ifthe work is created by an independent contractor and the independent contractor signs a writen agreement stating that the work shall be made for hire, the commissioning person or ‘organisation owns the copyright only ifthe work is part ofa larger Hterary work, such as an article in a maguzine or a poem or story nan anthology; part of a motion peture or other audiovisual work, suc as 3 screenplay; a translation; a supplementary work such as an afterword, an introduction, chart, ‘editorial note, bibliography compilation; an instructional text atest ar answer material for a test; oF an tls, Works that don't fll within one oF ESE egheategries constitute works made for hire only if ‘created by an employee within rheopeofhis or her emplofinent. Ie the creator has sold the eae copyriis the purchating busiss or person becomes the copyright When two or more authors prepare g work with che intent to Gombine their contributions into inseparable or interdependent pars the work is considered joint wotk andthe authors ae considered jolnt copyright owners, Auchorsip is yetaned but in some cases this copyright owner can be the Publisher Say a joint wan is wham a Book or article hag two or mage authors. However, fa book is ‘volte primarily by one Withor, Bubamher author Ganbites specific chapter tothe book and te siven credit for that chaptah chen this prebablywouldnt be a jlat work because the contributions aren’ inseparable or interde@udent. The US. Copyright Othe considers joint copyright owners to have an equal right to reyster Adenforee the copyeght®Ualoss the joint owners make a written agreersent tothe contrary, each copyrighBaWmRR the right to commercially explo the copyright, provide shat he other conyrgt seners pet neal share.of ths proceeds between them, le the SBI cretion, the authors didnot intend BHI Wks tobe part ofan inseparable whole, te Fit that et works are ater toned 498 not ereat joj OFA R,LB eSUFTeysder ed afollective ork. In tig cae, ea@hauthar eins acy only sha atc i or She added tothe ‘shed product for ample in he 1980s, Visine wrote a famous\novel full of gemmplex literary llusionsctn 2018, Me publisher issues student elton of the work with detafed annotations. The sfudent edition Isa collectvawork. Viadinie owns the copyright in the 19 but the protessor owns ‘the annotations 21 Xisapare-cime empliyes of «company called ZMY Infrastructures X prepares a blueprint desig ofa bullding whichis very much Hked by the managers ofthe company. However, X has ether plansand wants tomoveto another company with this sane design. Can the other company clam enpyright over it? (2) Yes a8 Xs the copyright holder of the design and he can sll i tothe other company. (©) No,as blueprint designs don't get copyright protection, (@)_Yes.as Xie part-time employee; hence, copyright can be transfered tothe other company. (4) No, as the copyright is retained with ZMY Infrastructures; hence, the other company cannot lai copyright H.0.18.61, Show Noger JODHPUR - 342 008 Ph 0291-2688777, 94141 43101, 7665944902 z Law PREP . =Tutorial— CLAT 2020 / Online Mock 22, Mint writes a short story which i based on his reafe experience Yusz also writes a shor story based on his real-fe experience. One day, Mint shares his story to Yusz.Yusz is pleased to read the short story of Mint and now wants to publish bath the stries in ane book. Can both af them O Oo g Copyrights are generally owned by the people who create the work of expression. Some exceptions: If a work is created by an employee in the course of his or her employment, the employer owns the copyright. If the work is created by an independent contractor and the independent contractor signs a written agreement stating that the work shall be made for hire, the commissioning person or organisation owns the copyright only if the work is a part of a larger literary work, such as an article in a magazine or a poem or story in an anthology; part of a motion picture or other audiovisual work, such as a screenplay; a translation; a supplementary work such as an afterword, an introduction, chart, editorial note, bibliography; a compilation; an instructional text; a test or answer material for a test; or an atlas. Works that don't fall within one@F these eighiticategories constitute works made for hire only if created by an employee within thé scope of his or her employment. If the creator has sold the enitire copyright, the purchasing business or person becomes the copyright owner. When two or more authors prepare a work with the intent to combine their contributions into inseparable or interdepentient parts, the work is considered joint work and the authors are considered joint copyright owners. Authorship is retained but in some cases this copyright owner can be the publisher. Say a joint wark is when a book or article has two or mgre authors. However, ifa book is chapter to the book and is because the contributions written primarily by one author, but another author ¢ontributes a Spec given credit for that chapter then this probablyywouldn't be a joint wor aren't inseparable or interdependent. The U.S. Copyright Office considers joint copyright owners to have an equal right to register afithenforce the copyright! Unless the joint owners make a written agreement to the contrary, each copyrightownerhas the right to commercially exploit the copyright, provided that the other copyright owners get an equal share of the proceeds between them. Ifat the time Of creation, the authors did not intend their Works to be part of an inseparable whole, the fact that their works are later plltfOgetiér d8€S not create a joint\WOFR)Rat Gey tHElFeSULPTS Considered a collective work. In thig case, each author owns a copyright in only the material hte or she added to the finished product. Bor example in the 1980s, Viadimir wrote a famous)novel full of complex literary allusions#In 2098, his»publisher issues a student edition of the work with detailed annotations. The student edition is a collectiveywork. Vladimir owns the copyright in the noVél, but the professor owns the annotations! 21. Xis.apart-time employee of a company called ZMY Infrastructures. X prepares a blueprint design of a building which is very much liked by the managers of the company. However, X has other plans and wants to move to another company with this same design. Can the other company claim copyright over it? (a) Yes, as X is the copyright holder of the design and he can sell it to the other company. ()_ No, as blueprint designs don't get copyright protection. (c)_ Yes, as X isa part-time employee; hence, copyright can be transferred to the other company. (d) No, as the copyright is retained with ZMY Infrastructures; hence, the other company cannot claim copyright H.O. : B-61, Shastri Nagar, JODHPUR - 342 003 + Ph, 0291-2655777, 941.41 43101, 7665944999 Mint writes a short story which is based on his real-life experience. Yusz also writes a short story based on his real-life experience. One day, Mint shares his story to Yusz, Yusz is pleased to read the short story of Mint and now wants to publish both the stories in one book. Can both of them be called joint copyright holders? (a) Yes, as both of them contributed to the book equally. (b) No, as both of them never intended to be joint copyright holders. (c)_ Yes, as Mint will have copyright of his story and Yusz will have copyright of his story. (d) No, as copyright will rest with the publisher of the book. 23. X is an independent contractor. He@fally #8k8Vtocreate a work for hire. The work will be part of the book which will be published by X. Who is the co pytight owner of the work? (a) Yis the copyright hdlder of the work (b) Xis the copyrightholder ofthe work as ¥ has been hired by x. (c) Xand Y are joint copyright holders of the work, (d)_ None of the above 24, X and Y are joint copyright holders of a work. X wants to commereially exploit the work and hence hands over the work to a publisher, The publisher agrees to publish only if the profit is shared in the ratio 2 : 1: 1 between the publisher, X and YiIs this agreement valid? (a) Yes, this a valid agreement as profit is being shared equally. (b) No, this is not a valid agreement as profits are not béing shared equally. (c) No, as X did not take the periission of Y beforé commercially exploiting it. (d)_Yes, as X can commercially exploit the work whenever he wants 25. According to the article, what is the main difference between an author and a copyright holder? (a) (An author and/@leopytight hdlder af the same. (b) Authorship cannot be transferred, whereas copyright ownership can betransferred, (c) An authdr is tH€ ess ential creator of the worle and a copyright holder can be anyone. (a) Both"(B) ana-(c) 12:44PM @B « Oe) 2. Qo < x «@ Online Mock 38.c. »nline.lawpreptutorial.com Law PREP . =Tutorial— CLAT 2020 / Online Mock People live in a society with peaceful and amicable manner. But on the contrary, there are some isevbng elements inthe socety a wel, wo wether unkmovtngly or sometimes intentionally create sense ofhatred and destroy thetranqulty of the society “Aatray” means a tussle or fighting between to oF more persons and there must bea stroke it or ‘offered ora weapon drawn. An affay is commited ina public place and strives terror inthe minds of the people, Section 159 of the IPC provides that ‘ara’ is defied as “when two oF more persons by ‘way ofa brawl ina public place, distur the public peace, they ar said to commit an offence of fray." “The fight must take place in a public place and such iting mast sso result inthe dsturhance ofthe Public peace and atmosphere “Fight” under Section 160 1, i@€ertainly diffrent from a Me quarrel. The SC has defined "ight as “strike or struggle to surmadt for vietA in the batl@or in sige comibat to attempt a defeat the ‘opposition, subdue or destay an ene elt by blows oF We spars “quarre” means tht theft shouldbe transposition of anger throughutterances between two oF more persons and net only these of dn ordinary tone, Though it may neg two fr aight or quarrel, the diference between themti obvisy apparent [A place whore public goes irrclevant whether they hav righ go or not. is @ public place. There is a watertight difference Bytween a acfeomaneie i public ag an act done in a public place. tn ‘order to possess an efonce aaa, theee must be not only iphting between one or more than one party, but also may cause distance tothe public peagAn affay is distinguishable fom assault An affray must be committed in a pub places winleaassaule may take place anywhere, generally in eva place Someone canatiak averanother anywhere “The offre afray differs from riots aswell one aiterandarental differences that fr Dp commenced in a privateplarqeherays at can be commited raprvate ae. "yeoman it, ‘js mandatory to have fiver more thaw ive people to enhance teriotin, hoover commits bffenedor allay shal be punished with imprisonfhentf iter Gascriptionfoka ‘gr whch maj extend wont month of lable to fay fine we may Be exf@eded to’one hundred apes or with both siullBodsly, 26. chaman and Lal were dbusingeaeh other dm he footpath Qbrsfe a residential buling A numb of poople had! gathered around them. They were all witnessing the rcs created by ther. While Susing, Chaman moved ir the waddle of the road screaming abusing and threatening Cao il him. Lal stared to respond back equally. All the commotion cause traffic jam. The police charged (Chaman and Lal under affray. Decide. (@)_Chaman and Lal are rightly changed ofafray and shou be charge for damages as wel () This isnot case of array and they are not abe to pay damages. (@) This ea case ofaffray, but the offendere would net pay any damages since no property was damaged (2) None ofthe above. 0.18.61, Shosr Noger, JODMPUR - 342.003 +h 0291-2635777, 94141 43101, 7665944999 CLAT 2020 / Online Mock O Oo g People live in a society with peaceful and amicable manner. But on the contrary, there are some disturbing elements in the society as well, who whether unknowingly or sometimes intentionally create asense of hatred and destroy the tranquillity of the society. "Affray" means a tussle or fighting between two or more persons and there must be a stroke hit or offered or a weapon drawn. An affray is committed in a public place and strives terror in the minds of the people, Section 159 of the IPC provides that ‘affray' is defined as "when two or more persons by way ofa brawl in a public place, disturb the public peace, they are said to commit an offence of affray.” ‘The fight must take place in a public place and such fighting must also result in the disturbance of the public pea -e and atmosphere. “Fight” under Section 160 IPC, is certainly different from a mere quarrel. The SC has defined ‘fight’ as "strike or struggle to surmogint for victOry in the battl@jor in sitigle combat to attempt to defeat the oppo: n, subdue or destroy an enemy, either by blows or weaponst” "Quarrel" means that there should be a transposition of anger through utterances between two or more persons and not only the use of an ordinary tone. Thoug! difference between them is obviously apparent. may need two for a fight or quarrel, the A place where public goes, it is irrelevant whether they have right to go or not, is a public place. There is a water-tight difference between an actltommeri¢e in public afd an act done in a public place. In order to possess an offence ofiaffray, there must be not only fighting between one or more than one party, but also it may cause distuiance to the publ An affray must be committed in a publie!placeywhile’an assault may take place anywhere, generally in private place. Someone.can.altack over another anywhere. peace/An affray is distinguishable from assault: The offerteeiof affray differs from riots as well, one‘ofithe"fundamental differences is that affray cannot be commenced in a private)placeywhereas a‘riot can be committedjimayprivateyplace. ‘Yoycominit a riot, itis mandatory to have five or more than five people to enhance the rioting. Whoever commits an, offence of affray shall be punished with imprisonment of either description fora term which may extend to oné month or liable to pay a fine which may Bé extended to’one hundred rupees or with both simullaiiéously. 26. Chaman and Lal were abusing each other om the footpath outside a residential building. A number of people had gathered around them. They were all witnessing the ruckus created by them. Wh abusing, Chaman moved in the middle of the road screaming, abusing and threatening Lal to kill him, Lal started to respond back equally. All the commotion caused traffic jam. The police charged Chaman and Lal under affray. Decide. (a) Chaman and Lal are rightly charged of affray and should be charged for damages as well. (b)_ This is not a case of array and they are not liable to pay damages. (c)_ This is a case of affray, but the offenders would not pay any damages since no property was damaged. (d)_None of the above. 27. Ram was attacked by Mohan and Ramesh in Heights Mall in Mumbai, Ram could barely defend himself. Mohan and Ramesh continued beating him. Decide. (a) They would be held guilty of quarrel (b) They would be held guilty of public nuisance. (c) They would be held guilty of affray. ()_ Both (A) and (C) 28. Sameer organised a farewell party at his villa and invited all his close friends. Siya and Jill were not on good terms from the beginning. While dancing, by mistake, Siya stepped over Jill. In anger, she started hitting Siya. They bothwentinto'@ fightand were charged with case of affray. Decide. (a) They would be chargedjwith affray and they havélto pay damages for the ruckus created by them. (b) They should be charged by€ourt of law under assault. (©) They should betcharged by court of law for quarrel (d) None of the above 29, Patrick and Seema were at'an event and Seema got into a fight with the event manager. They started arguing very Joudly at the event. Everybody)present there gathered and started to calm them down, Decide. (a) This would be considered to bea quarrel. (b) This would be considetted to be a riot. (c) This would be considered t8lbean assault. ()_This would be considered to be an affray. Itis stated that: A minor ig a person wh is below thélage OF eighteen. However) Where a)guardian|adiiitisters the minor's property, the age of majority is twenty-one, Aminor is not permitted. law to enter into a contract. Hence, where" minor enters into a contract with a major person, the contract is not enforceable. This effectively means that neither thé mifor nor the other party’€an makeany claim on the ba of the contract. If’@@6titract with aminor, if the other'Party handS/ver any money or confers any othelbéHehtOHhe minor, the same shall not be recoverable fromthe minorliiileSsithe6ther party was deceived by the minor to hand over-money orany other benefit. The other party will have to show that the minor.misrepresented her-age, he.was.ignorant about.the.age of the minor-and.that he handed over the benefit on the basis of such representation. Here's an excerpt that is to be studied after understanding the above statements: Animesh convinces Kumud, a girl aged 18 that she would sell her land to him. Kumud's mother Parineeti is her guar¢ Parineeti, sells the land to Animesh for a total sum of rupees fifty lakh, paid in full and final settlement of the price, Parineeti challenges this transaction claiming the Kumud is a minor and hence the possession of the land shall not be given to Animesh. ThusAnimesh is in a difficult situation and has no idea how to recover his money from Kumud. in. Nonetheless Kumud, without the permission of 30. 31. 32, 33. 34, In order to defend the sale, Kumud will need to show that- (a) (b) (9) (@ Kumud has attained the age of majority. Kumud is mature enough to make rational decisions regarding her own affairs The sale transaction was beneficial to her interest and will enhance her financial status. None of these Which of the following is correct? (a) (b) @ @ If Animesh is allowed to recover the money, that will defeat the law framed for protecting the minors against fraudulent persons. If Animesh is not allowed towecover that'Willcause him injustice as he has not paid off the entire sale price. If Animesh is allowed to recovery Parines i.benefit from both the money and the land. None of the above, Why is Parineeti justified in éhallenging the sale transaction? (a) ) ( (@) Kumud is of unsound mind and is not in a position to make rational decisions. Though Kumud is eighteen year old, she will be treated as a minor, as Parineeti is her guardian, Though Kumud i eighteen yeaPold, she cnnot sell thejland without the permission of her mother. Though Kumud is eighteen year old she should nowbe treated like a person who has attained the age. Which of the following is correct? (a) (b) oO @ ‘Animesh should be allowed to recover the moneyibecause even though there is no contract, Kumud and Pafineeti $houldfiot béjallowed to unjustly Benehit/rom Animesh's money. ‘Animesh should be allowed the possession of thé land because Parineeti|can always decide to approve the transaction between Animesh and Kumud, Animésh should"not be allowed to recover because he induced*Kumud, a minor, to sell the land. NoweFtEabove, Animesh.can.be allowed.to.recover-the money. only.if he.can show.that. (a) (>) () @ He was deceived by Kumud who misrepresented her age. He honestly believed that Kumud was empowered under the law to sell the land. He was an honest person who had paid the full price of the land to Kumud. Both (A) and (B).. Triple talaq, also known as talaq-e-biddat, instant divorce and talaq-e-mughallazah (irrevocable divorce), was a form of Islamic divorce which has been used by Muslims in India, especially adherents of Hanafi Sunni Islamic schools of jurisprudence. It allowed any Muslim man to legally divorce his wife by uttering the word talaq (the Arabic word for "divorce") three times in oral, written or, more recently, electronic form. The use and status of triple talaq in India has been a subject of controversy and debate. Those questioning the practice have raised issues of justice, gender equality, human rights and secularism. The debate has involved the Government of India and the Supreme Court of India, and is connected to the debate about a uniform civil code (Article 44) in India On 22 August 2017, the Indian Supreme Court deemed instant triple talaq (talaq-e-biddah) WAEOMStitutional. Three of the five judges in the panel concurred that the practice of triple talaq is unconstitutionalhe remaining two declared the practice to be constitutional while similtaneouslyaisking the Bovernmentito ban the practice by enacting a law. Indi established means to avoid hasty divorces. It prescribes two waiting periods of three months before the divorce is final in order to give thelhusband time to reconsider his decision. On 30 July 2019, Parliament of India declared the practice of Triple Talaq as illegal, unconstitutional and made it punishable act from 's Muslim neighbours/are among 23 countries that ave banhed triple talaq already. The Quran 1 August 2019 which is deemed to be in effect from 19 September 2018. It makes this offence punishable with imprisonment up to 3-years and fine. if alS6)makes all declaration of talaq, including in written or electronic form (email, text message, etc,)t0 be void and illegal. 35, ‘The Delhi government was,unable to keep the riots due to!CAA under control which resulted in a loss of life and property. Can they be brought to justice? (a) Yes, they failed to do their dutyaSaigovermment. (b)_ Yes, they were the reason behind the riots. (c) qNopthey are not meant to keep the life and.property safe, (d) No, they are legally not bound.to doit but they should try.their best 36. How many countfies has already banned the law before India did? (a) 15 (b) 18 () 2B (a) 27 37. There is a DPSP that the XYZ state government doesn't follow/'Shakal, a resident of that state is unhappy since he feels that, as a person belonging to a minority, his basic rights are not being taken seriously. He wants to go to court for the same. What can be the turnout? (a) The court will grant him compensation (b) The court will reject the plea (©) The court will imprison the Chief Minister of the state (d)_ The court will imprison Shakal Acts of God provisions, also called Force Majeure clauses, relate to events outside human control, like flash floods, earthquakes, or other natural disasters. Generally, these provisions eliminate or limit liability for injuries or other losses resulting from such events. In contract law, an act of God may be interpreted as a defense against breach for failing to perform based on the concepts of impossibility or impracticality. When an act of God intervenes in the performance of a contract, the promise to perform is often discharged because of the unforeseen ‘umstance and the resulting delay, expense, or other factors resulting in what would otherwise amount to a breach. For example, if someone promises to be present and perform ce cuts off all practical means of transportation to the job site, this may be considered an act of God that would forgive performance. A refund. oriféseheduliigimay still be called for, but direct liability under the contract might be avoided ingill or in part due to the stérm. Other kinds of contracts on the other hand, cannot be avoided by aéts of Godvalld) may, Infact, be the whole point of the contract. A good tions on a specific day, but is unable to do so because a large storm example is an insurance policy. As a rsult, most insurance)policies relating to acts of God only pertain to limiting the variable, like types of damage, timing, and extents of coverage, Nevertheless, after major events, like wildfires, earthquakes, widespread floods, or hurricanes, insurance companies have been known to try to limit making payments based on force majeure clauses, Acts of God may also affect tort laws in America. Tort laws are most often associated with personal injuries. An act of God may be asserted as the intervening cause of a person's injury) Without which the harm would never have ity. For example, if someone is injured while driving a car, but the aéeident was caused by an earthquake, occurred. In that case, the alleged tortfeasohy(person Accused of causing the injury) may escape then any other driver involved inthe accident, the manufacturér of the car, and any other potentially in the injured driver's cross-hairs may eStape liability byrasserting that the act of God (the earthquake) is what actually caused the accident, 38. Ms.A.gets her car insured by an insurance company..Ms. A was drunk when she was driving the insured car. She met,with.an. accident.tn view of the limited. facts provided, to.you,choose the correct option. (a) Insurance company cannot be held responsible as drunk-driving is an offence-which is not covered by the present insurance policy. (b) Insurance Company cannot be held responsible as the accident had happened due to the intoxicated condition of Ms."A, which cannot bestenmed as Actof God. (c)_ Insurance Company can only be held liable to a limited extent due to the force majeure clause present in typical insurance contracts against the Acts of God. (ay None of the above 39. Which of the following statements best defines 'Act of God’ under law of torts? (a) All occurrences outside human control (b) All events caused by natural phenomena (c)_ Both (A) and (B) (d)_ Any force majeure event outside human control 40. 4. 42, ‘As per the passage, who can be termed as a tortfeasor? (a) Person accused of committing a tort (b) Person against whom a tort is committed (c)Alegally injured person (d)_ Person who cannot be held liable for committing a tort Mr. Ais driving an insured motor vehicle. Suddenly due to heavy rainfall, Mr. A is unable to see a tree ahead. Due to which the motor vehicle hits the tree and gets damaged badly. In view of the facts given in the question, choose the correct option. (a) The insurance company is notliablé to pavasiit being an act of God. (b) The insurance company/eannot evade from its responsibility by taking the defence of act of God. (c)_ Mr.A cannot claifn the loss€aused to the motor Vehicle ftom the insurer as the accident was due to an Act of God. (d) Either (B) or (6) depending on the court A club in Delhi, India called Club Anti-Social is organising an event on 10th of June for which they contact world famous artist BJ Vaqil, who lives in Dubai, to come and perform. The parties agree that DJ Vaqil will arrive in Delhi atleast,3 days before the date of the event for rehearsals, ete, ie, on or before 7th of June, Based on the agreement, Club Anti-Social advertises tickets for the event, and all tickets are sold out 3imonths before the date of th event. Around 1 month before the datélof.the event, aydéadly virus outbreak is detected in South-East Asia and the virus outbreak slowly starts spreading to other countries. The parties decide to take stock of the situation around 10 days before the event in order to see whether to go ahead with the @vent, After studying the government statistics, 1fiSebserved that the situation in India is not serigus, and the pafties ageéé to gOlahead with the event. However, DJ Vaqil misses his, flight to Delhi which*Was to arrive on 7th ofijune due to his son's bi ‘hday, and) the next flight is only on 8th of June. DJ Vaqil catches the next flight on 8th of June, howeveras the flight is in the air, a deadly erdiption of the virus takes place'in Dubat due to whieh the number of caseg/aidWeaths risesmearly 10 times. THE Indian Government reacts by closing enGfi@sT6FAll Nights to India from Dubai and closing the entry Of any persoilhaviigtravel history to Dubai within last one monthrAs.a result, Dy Vaqil is denied entry into India and is unable to be present.at the event, and.Club Anti-Social has.to refund.all tickets.and.suffers huge losses. Club Anti-Social decides to sue DJ Vaqil for damages. Which of the following is true? (a) Dj Vaqil could not enter India due to an act of god, ice, the sudden eruption of the virus, and would be discharged from performance of his obligations. (b) Though Dj Vaqil could not arrive in India on or before 7th June, he could not have foreseen the sudden outbreak of the virus and would be discharged from performance of all obligations. LAW F REP =Tutorial— CLAT 2020 / Online Mock : (c)_ DJ Vaqil violated the agreement with Club Anti-Social by failing to arrive in India on or before 7th June, and is liable to pay all losses and damages to Club Anti-Social. (d)_ DJ Vaqilis liable to pay all losses suffered by Club Anti-Social, but DJ Vaqil can in turn claim the losses from the Government of India. LAW PREP — Tutorial— Section - V: General Knowledge ‘The Election Commission (EC)'s order reducing the period of Sikkim Chief Minister (1) disqualification from electoral contest is morally wrong and a dangerous precedent that may end up reversing the trend towards decriminalising politics. Under Section 11 of the Representation of the People Act, (2), the EC indeed has the power to remove or reduce the disqualification attached to conviction. However, this has been used rarely, and seldom in a case involving a conviction for corruption. Mr. (1) was convicted under the Prevention of Corruption Act or misappropriating % 9.50 lakh in the purchase of milch cows for distribution in 1996-97. His one year Prison term was upheld by the High Court and the Supreme Court. He went to jail and was released’ August 1012018. He was controversially — and in brazen disregard of the Supreme Court's 2001 ruling in the case of Yate, Tamil Nadu Chief Minister Jayalalithaa — appointed Chief Minister My the Sikkitii Governor eaiilier this Year. Mr. Tamang die not contest, but was elected legislature party leadenjby the Sikkim Krantikari Moreha (SKM), which won the election. His appointment as Chief Minister was challenged in the Supreme Court. Meanw1 ., he approached the EC for removing his disqualification, His main argument was that the law prevailing at the time of his offence entailed disqualification only ifthe sentence was for a term of two years or more; and that the amendment in 2003, under which any conviction under the anticorruption law would attract the six year disqualification norm, should not be applied to him, 1, Which of the following will replace (1) from the passage? (a) Sanchaman Limboo (b) Prem/Singh Tamang (c) Pawan Kumar Chamling (Nar Bahadur Bhandari Which Of the following will replace (2) ii the following passage? (a) 495s (b)-1951 (©) (1952 (@) 1959 3y Which of the following is true as per Prevention of Corruption Act 2018? (a) Punishment for.bribe-taking enhanced: Minimum punishment of 3.y¢5, extendable up to 7 yrs with finesfromthe earlier 6 months, with extension up tog yes. (b)e‘UnduesAdvantage’ expanded! Theseapliem limitéd définition ofp"unduesadvantage” expanded to now include.“anything other than legal fémuneration”, Gifts received for established undue advantage/mala-fide motive are now considered an act of corruption. (q Collusive bribe-givers criminalised: For the first time, the giving of bribe has now been made a direct offence on par with taking of bribe. At the same time, protection has been built-in against coercive bribery, as long as the victim comes forward within 7 days. (d) Allof these 4. Who is the present Governor of Sikkim? (a) Jagdish Mukhi (b) BD Mishra (©) Ganga Prasad (d) Satyadev Arya sucuiiar Vins GULY / UALLET IUCN » 5. Disqualification of members of the State Legislature by Election Commission is defined under which article of Indian constitution? (a) Article 173 (b) Article 193 (c) Article 84 (a) Article 103 On October 26, the U.S. announced that the Islamic State leader, Abu Bakr al Baghdadi, was killed, in an apparent suicide detonation during a raid at his house in (1), Syria, Baghdadi was the leader of the IS insurgency since its inception and had executed many gruesome attacks in Iraq, Syria and elsewhere. His death is widely expected to weaken the global IS structure, including in its wing in Afghanistan, The Islamic State of Khorasan Province(ISKP), a8 t@\Aighan IS is referred to, has been on the rise for the last few years, Largely concentfated in Nangarhar in eastern Afghanistan, the group has carried out several suicide attacks, primarily targeting/the coulitry's minofities. Of the 5,117 civilian casualties reported by the UN this year, 1,013/Wwere attributed to the ISKP, including the suicide bombing at a Hazara Shia wedding ceremony in August in Kabul that resulted in the death of more than 90 people. A struggling insurgency, The rise of the IS in Afghanistan, a country ravaged by conflicts, is a complicated one. The IS is still a struggling insurgency that's fighting several battles at the same time, "While the larger ideology of the group has managed to find some inroads into the radiealised segments in Afghanistan, the lack of a nationalist sentiment, such as that offeredyby the Taliban, has prevented it from growing stronger,” according to Omar Sadr, Assistant Professor at the American University of Afghanistan in Kabul. “The ideological influence is there, they,[ISKP] haven't been able.t6 locate themselves within the social and cultural fabric of the Afghan society. H@reyit is much different socially, tribally, and ethnically, compared to_Iraq_and Syria, and that is why they have had challenges in finding a stronghold here," Mr. Sadradded But at the same time, the ISKP is organisationally independent from the IS core in Iraq and Syria. “While talking about Afghanistan, there is kind of a disagreement among many in the intelligence community about the roots of TSlin thélregion. For example, Amirullal)Saléh|[thélformer Afghan spy chief], says the 1S in Afghanistan Is not orgauically or orgafiizationally linked withithe IS in West Asia, A segment of policy] aualySts proposed that the ISKP was manufactured or contracted out by an intervention of {SI (Inter Service Intelligence) in Pakistan and some othercountries,” Mr-Sadr told The Hindu. Which of the followingiis replaced by (1) inthe above passage? (a) Idlibi (b) Latakia (ey Damaseue (ay wamas 7. Islamic State of Iraq and the Levant was founded in which year? (a) 1999 (b) 1995 (co) 1992 (a 1989 8 The Islamic State of Khorasan Province (ISKP), is not active in which of the following state of India? ULLAL ZUZU / UNLINe MOCK : (a) Pakistan. (b) Afghanistan (©) Kazakhisthan (a) Tajak than 9. The Islamic State in West Africa or Islamic State's West Africa Province, commonly known as Boko Haram isa jihadist terrorist organization based in which country? (a) Ethiopia (b) Nigeria (c) Tanzania (@) Somalia 10. ISI (Inter Service Intelligence) was started in which year? (a) 1955 (b)1948 (3) 1969 (a) 1949 Countries should come together to déal with economic offenders escaping to other geographies to get away with their crimes", Prime Minister Narendra Modi’s Sherpa at the [1]. Heads of various nations, including India, the US, Australia, among others, met at the [1] in Japan's Osaka to address major global economic concerns and pave the way for inclusive and sustainable growth, by dealing with social, economic and environmental challenges. In a remarkable case, billionaire jeweler Nirav Modi and his uncle Mehut! Choksi’s alleged attempt to dupe. Punjab National Bank of (2) Both Choksi and Modi fled to Antigualand the UK, respectively. The India Sharif had filed [2] and that the government also passed a law to crack down on fugitive economic offenders who refused to get baekto the country to avoid investigation by India authorities. Nirav Modi was arrested in London. Twenty-eightidefaulting businéssmen and economic offenders have fled the country in the last five years, Businessman [3] has allegedly swindled the most from banks among 28 fugitive economic offenders on the list made public by the government[3] allegedly defrauded banks of about Rs 7,500 crore, according to the list the finanee ministry submitted in the Lok Sabha. It includes cases under trial and beifg investigated) Finafice Minister Nirmala Sithairaman Said the goVernment in 2015 issued a framework or timely detection, reporting’and investigation related to large-value bank frauds to public settou baiiks (PSB), 11. Which summit has been replaced by [1] in the above mentioned passage? (a),_New global context (b)_Globalization4.0 (c) G20 (d) Sustainable Development Impact Summit 12 WHEE WAS CHE SHO UTE WHICH JOWEIEP NiFav MOU? ane His UHEI® MEHUL CHONG Alleged SEEMIBT to dupe mentioned as [2] in above passage? (a) 500cr (b) 10,000 cr (©) 15,000 cr (a) 14,000 cr 18. Inwhich year Fugitive Economic Offenders Act was passed? (a) 2017 (b) 2018 (©) 2016 (a) 2014 12:45PM @B « Ome Qo < : x «@ Online Mock 38.c. »nline.lawpreptutorial.com ‘in ee) rai HO. 8.61, Shosi Nagar, JODMPUR - 342 003 + Ph 0291-26857, 94141 43101, 7665944999 0 Law PREP . —Tutorial— CLAT 2020 / Online Mock: 14. Which Fugitive Tops the ist of most allegedly swindled the most from bank as mentioned [3] In the above passage? (@) Mobul Chetsi (©) Viay Malaya (6) Nirav Mo (@) Jatin Mecha 15, According tothe Framework issued in 2015, what is the amount tobe deal wth if lasted as non-performing assets? (@) 500 () t00er a) t00er a)

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