TOPRANKERS™ GRANDMASTERS Ex LEGAL REASONING Page Hof 268 Repbeaton or other wmaetboried me of is mae ited by the copyright laws of India"Clat aspirants group" on telegram for clat stuff. : TOPRANKERS” 8 EAS ‘ATOP RANKERS ti CLAT ASSIGNMENT O1 Direction (Q.1-Q.40): Read the given passage cnreflly and answer the questions given below Passage (Q.1-Q.5): Additio Passage (0.1.0.5): Additional Sessions Judge Amitabh Rawat made the observation while framing charges agaist Shariel mamunderSectons 124A (eden), 158A (PomoUng enmity between diferent groups on grounds of rein: te), 1536 (Imputations, assertions predict tonational-ntgratlon, 5s (Statements conduelng to public mich of the Palo wth ection 12 Punishment for unl acu) of tig UAPACargss were Fame inact e thealleged inflammatory speeches made by him i Algo Masi Unversity and Jamia aren Del against the ean Ged eee oarerrmaene policies or even Institutions fs fundamentally within the reach of freedom of speech and expression. In fact, eriticism and rallying people agalnst what one percelves to be Incorrect policy or evenlaw is what makes a country democrat. a es Section 124A of PC ays down sme essentials for selon which areas follows 3) “Bringing or atemping to bring hatred or contampt or exingdsafection or provoking velnce towards the il) Such act or attempt may be done a) by words, ether spok we er spoken or written, or, b) signs, ¢) by visible representation. ‘What fs objectionable and punishable under Section 153A ts the activi Intending or having a tendency to create disorder or disturbance of public peace by resort to violence between atleast two religions. The chief Ingredient of ‘an offence under Section 153A is the intention to promote hatred or ill-will between the several classes of religion. Suchan intention must be inferred from the nature of the words used and thelr effect upon the class referred to as alsofrom the state of feelings between the twocommunities atthe time of theact complained of. fhe means employed are immaterial so long as the intention was to promote hatred and it was likely to produce that effect 1. Shiv Kumar Mishra fs a resident of State of Oolta Pradesh. He published an article asking people to boycott the elections and extolling Naxalite activities and, thereby, creating disharmony between the capitalists and the labour class as also }etween those who believed In democratic form of government and those who believed in totalitarian rule. He was arrested by the local police the next day-iting anoffence under.Section 153A of IPG, Decide whether his arrésts valld ornot (2) Nofhis afrestwas invalid bécaube hisactdid nét amount t anyroffénce under Section 1534. (b) Yes, because his article has the tendency to cause disturbance of public peace (@) Yes, because resorting to Naxalite activities is an offence under Section 153A. (@) No, because he should be given a 24-hour prior notice before his arrest. 2, Atul and his fiends are engineering graduates from some State run college In State of Haryana. They graduated 5 years A a a ee loen searching jobs since then bitin vain. Aggrieved by the same, they decided to revolt against the ae a nays In pursuance of thelr plan, they decided to conduct rally In ther college wherein alotof crowds car Bove asi made a speech to the crowd saying that this government has gone deaf and does noteatertothenced ne ee ea a cited his nomployment despite beingan engineering graduate He persuadedpeople to bring down thls ofthe youth ting against rand also persuading other people to vote agatnst the government He was arrested by severe on accounvof an offence under Section 124A and 152A, Iss arrest JustiNable? (a) No, because he cannot be arrested under two different offences at one time. (oo becae ehas ined hatred agalnst the government by is speech ad violence between two religions (2) Yes, because gpech id nat conan anything that would nc ate towards the government and would nce violence between two religions. (4) Yes, because saying a government to 2 sn No.2, et us assume that Atul and his friends inorder to show thelr dlssnt withthe government’ poley for Inqueston No 23 rey cadena ha ta oe ech hs government a son, Poet the paritament. All of them were arrested In pretext of sedition under Section 124A, They contended thatthelr Domb the parler ard has not yet resulted In bombing ofthe pariment an hence, they be released. Decide ‘Whether thelr contention is valld. {@) No, because arrest can be mad (b) Yes, because teaching the government dissenting against the government. (oem ae ul should be arrested as he was the one ta ead then {G) Yer because act of carrying placard does not amount x0 an ‘offence under Section 124A and only speech docs. OLegaledge Tutorials Doge 5 of 268 sation or ot smanthorggd use ofthis material's prohibited by the eryright laws oF India : Replication Join "Clat aspirants group" on telegram for clat stuff. have gone deaf would amount to an offence under Section 153A. le under Section 124A for an attemptas well. {ta lesson and bombing does not incite violence except for the peopleJoin "Clat aspirants group" on telegram for clat stuff. § TOPRANKERS' Sheetal is a secretary of her college's political wh o parliament to ben finger: party SLP through a cartoon ina national newspaper; Tho Weekly Nows, Shootal was arrested the ott citing sedition under Section 124A, Sheetal contended that she has shown hor hatred towards the roc Government. Decide whether her arrest Is valid, (a) No, because publishing cartoon amounts to an offence under Section 153, (H) Yes, because the cartoon may incite violence within the supporter of the government (©) No, because Sheetal’ cartoon did not incite violence and! was a falreritlelsm of the government, {@) Yes, because her cartoon may inet violence otween two rellglons as the present government supported one religion, upped of the ruling day by the plies nt corruptions hy the 5. __Aftercritically analysing the legatity of this passage, choose the Incorrect statement from the follovlny,. {@) Activities intending or having a tendency to create disorder or disturbance of publle peace by rw between at least two religions is punishable and actionable tinder Sectlon 153A, (b) Sharjec! Imamunder's speeches made in Aligarh Muslim University and Jamia area in Dell against the Citizenship Amendment Act does not amount to an offence undor Seetlon 505 and 1538, (©) Use of cartoons to promote hatred and incite violence Is an offence under Section 124A, (2) Thinking something that has effect of inciting hatred and violence agalnst the government docs not amount to an offence under Section 124A. ort to violence Passage (Q.6-Q.10): The Supreme Court today commenced hearing the batch of petitions Interpretation of the Prevention of Money Laundering Act, 2002 ("PMLA Act’). his arguments by apprising the bench of the broad arguments on which he would « FIR is registered, there is no investigation. ED (Enforcement Director inlaw. Section 45 of the PMLA Act takes away the presumption of innocence usually afforded to accused pe law. To be granted bail, theaccused must prove pritna facte that they wore not guilty, ond satisy th not commit any further pffeice. Referring to an/éxample, Senior Counsel firthersald tha€ there was a hug@hlatits of procedure th.the masiner in which ED must procéed in case of money laundering."For example, 10 lakhs are given Yor-murder & 5 lakh is depositedin the account..offence of money laundering takes place only with respect to § lakhs", he submitted Section 19 of the PMLA Act empowers the investigating agency/ED to arrest any person who Is gullty of money laundering under the Act it requires that before making an arrest, on the basis of the material collected during {investigation there must be ‘reason to believe’ that the accused person Is ‘guilty’ of the offense of money laundering and ‘the ‘reason to believe’ must be ‘recorded in writing’ before making stich an arrest Reference was also made to the Supreme Court's judgment in Youth Bar Assoctation v. Union of India which held that accused was entitled to get the copy ofthe FIR and that the online copy of the FIR must be uploaded exceptin sexualerimes and sensitive offences relating to terrorism and national security, 8 concerned with th r Advocate Kap Sibbal commenced In reallly what happens ts once an ©) comes In, tates a statement hich is admissible ons under criminal Court that they will 6 Parag was a businessman in the State of Delhi, There was other rival busines Donepoly in the business. In order to get rid of him, he hired Vijay to shoot and kill Ravi in the coming celebration of Dussehra in the city stadium. Parag offered to pay Rs. 6 Crores forthe act. Vijay dll the job satisfactorily and recelveda sum Of Rs. 3 crores more by way of bank transfer by Parag which was not agreed earller. Parag and Vijy were arrested by Police for money laundering of Rs, 9 Crores under PMLA Act. Decide on the validity of thelr arrest according to the passage. G) Only Vijay should be arrested as he was the one who killed Ravi and Parag only ordered Vijay to do so. (©) Both Vijay and Parag may be liable for money laundering of only Rs. 3 crore an not crores. 5 (©) No arrest can be made citing money laundering as this Is a ease of contract where the money 1s pat for the consideration of killing Ravi, (@) Paragand Vijay should not be arrested because no one has complained to police about the act of money laundering, Join "Clat aspirants group" on telegram for clat stuff. an, Ravi, who was hampering his Poof OLegaldge Tutorials . Repleaion oc othe smauthoried use of ths materials prohibited by the sapyrght laws of IndlJoin "Clat aspirants group" on telegram for clat stuff . P LEGALEDGE TOPRANKERS” PEAS ee a 7, John was a student of Electrical Engineeri pare 1cering n a college run by the State of Gujarat John gathered a crowd and started rising the government forts polices and ck of implementation Meanwhile outofange asked everyone to plan anattack on the parament the coming Sunday and succeeded in dolng so. John andthe other person, inthe crowd were arrested fr sedon, Later during Investigation, wos found that al of them belonged to aterror group. After the arrest John demanded to have acoso the FI rgiare apoina i bythe poles Desiela Tight of the facts inthe question {) John shall be lven aces to he FR because every accused haste ight tohave aces to the FIR registeredagainst {b) Every other person except John should be given access to the FIR, {€ Johnshall not be given access tothe FIR registered against him because though every accused has right tohaveaccess to the FIR against him, there are some exceptions. (2) Only John's family members have the right to have access to the FR against Job. 8. Choose the correct option from the following with respect to the passage, after analysing the crux of It {a) Prevention of Money laundering Act (PMLA Act) was introduced in 2002 to revolutionise the process of arrest of accused in murder cases. () Section 19 of the PMLA Act requires the arresting police officer to give a 24-hour prior notice to the accused before arresting the accused. \,{e)_ Statement taken by the investigating agency/ED cannot be admissible In law. 2 [a) A person accused under Section 45 of the PMLA act is required to prove his tnnocence prima facie. 4, InQuestion 6, let's assume that policed had every reason to belleve that Parag and Vijay are gullty of money laundering. ‘The pollce officers discussed the reasons to believe Parag and Vijay gullty ona video conference. Is thearrest of Parse ‘TAG Pijay lustiied now? (No other detalls, than what has been provided, from Question 6 are tobe considered for this Question). (i): Ves, Bedsuse having reason to believe that Vay and Parag are gully fs enough to arrest the person, (No, because he reasons 0 believe that Vijayan Paragare guilty does not justify the arrestuntess Whereas noted down in writing. (0), Yes, beeause Parag.and Way Sre gullgofmone. laundering pf abun amDunting ORS © Gross. ' (The aercat by polle is invalid as there was no arvest warrant issued forthe arrest of Vijay and PAF35, | beneficial in curbing money latindertlig cases across the country. Supreme Court has 10. PMLA Act has proven to be very 1 the provisions of the Act. Choose the incorrect statement among the following in light played a key role in interpretation of ofthe passage. {a) Tre general rule of innocence until proven gully fs taken away under PMLA Act € Secton 45 of PMLA Act mentions about the provisions regarding arrest ofan Sevuscd! under the Act. (3 Supreme Court has advocated for the providing ofthe copy ofthe FIR 5 he accused in one of its judgements. ‘no (Gy fecording to the senior counsel, ED'scourse of proceedings 18 case of money laundering contained a huge »00-5" interruption of procedure. ° a : fon in an appeal challenging Gauhati High Court's order dismissing a filed against her by her husband for offences under Sections 494 and ~ passage (Q.11-0.15); A Bench made the observat vito supplication seeking quashing ofa complaint 495 of the Indian Penal Code 18602. Bo ne a ipCatates that Whoever, having a husband or wifeliving marries Inany C20 whlch such niarriagets void by reason of it taki Jace during the life of such ‘husband or wife, shall bé punished with imprisonment of either by ean of GHG py een to seven ata sal abe Me description fora Wrjon does notentendto ary person whese marrage wi ei tat wife as been declaredvotd Exception Th oon jeden, ort any person whoconracts mariage Arg Iie ofa former husband or by a court of compte fe atthe time of the subsequent marrage, shallhavebecn cow my ‘absentfrom such person ite such hush caraand hall nothay bees Bed of hy sich persons BANE Se ‘withinthat time provided the Lo th pac eh susequeNt TATA A a lnformthe person with whom such Berson contagg g the eal state of acts 304 Ss eS re her knowledge: maringets contracted or poever commits the oflence defined inthe last preceding secon Mg concealed from Sesion 495 of IP state ent arvage onracted, he at ofthe fonne mawigs hal Be punishedwith : - nelle : our Tutorials Page 7 of 264 Join "Clat agpizanis.gtaup".ontelegra fortlettsstut onLEGALEDGE Join "Clat aspirants group" on telegram for clat stuff. y ee TOPRANKERS™ TOF RANTES oie — 11, Seema,a28 yearold woman filed for divorce for 8 years. They were seeking divorce on mut the second time with his childhood best frien divorce proceedings with Seema. Now, on the basis of under section 495 of IPC? {a) Ram will be held liable under section 49: married to his first wife. (b) Ram will not be held liable under section 495 of IPC because he hi (c) Ram will be held liable under section 495 of IPC because he breac! {(@) Ram will not be held liable under section 495 of IPC because he did not conceal the fa status from his wife of second marriage. ‘with whom she had been married ‘with her husband Ram, a 30 year old man, renner cont During the pendency of divorce proceedings, Rammarried for se cone Reema who also used to accompany him for the hearing of his These facts, determine whether Ram has committed an offence of IPC because he married for the second time even though he was still fad already filed for divorce in his first marriage. shed the trust of is first wife by marrying again. ct of his first marriage andits 10th anniversary on 8th of August 2010. Soon after, Shyam went on a the stipulated time. On finding no connection with Shyam, Savita and her dvertised about Shyam’s missing In leading newspapers and on social media platforms, This process went on for a year. Savita and her family with the help of Shyam’s family tiredevery possible way to find Shyam. Disheartened by the incident, Savita waited for afew years until she fell n Jove with a man name Raghav with whom she shared her traumas of the prior marriage. On 12th july 2018 Savita got married with Raghav in presence of her family. friends and priests. A year later, Savita came across a newspaper article searching for the family of a missing person found at a hospital near Shimla. That person happened to be Shyam. On basis of these facts, decide the validity of Savita's marriage with Raghav. (@) twill not be considered a lawful marriage because Savita and Shyam did not attain divorce. (b) twill be a valid marriage because Shyam had been away from Savita's life continuously for seven years which ‘automatically nullifies Savita’s rst marriage. (6) Itwill not be considered a lawful marriage because the facts of prior marrlage had been concealed from Raghav. (@) Thé statis Of subsequent marriage is unclear. 12, Savita and Shyam recently celebrated their business trip to Shimla but did not return on family decided to file a missing report and even a 13, Inlight of the fatts fronrquestion number12 itself, had Savita married Raghav on 12%? July 2016, what woulld be the status of their marriage then? (@) Such a marriage would have been legally void. (©) Such a marriage would have been legally valid. (©) Facts are insufficient to decide. (4) Thestatus of second marriage depends on Shyam's decision. 44, Kumar, who ts married to Amrita and has 2 children with her, marries anoth: , marries another woman without seeking divorce from ‘Anta On discovering the truth of Kumar’ second marrage, Amrita decides toile a case against Kumar onthe basls of section 494 of IFC. During the investigation, ts also discovered that Kumar concealed the facts of is fst marriage fits sei ee ‘Kumar pleads Inthe cour that he was unaware of the laws, Court passes augmentin favour of ine the optimum punishment that court could, festa aribe aot ould give Kumar on the basis of section 494 of IPC. (©) Syears of imprisonment with fine (©) Afine of 10 lakh rupees. (@) Upto 7years of imprisonment with fine. 15. Ontheb: a ea raed ea fees in sues 14 decide the liability of Kumar under section 495 of IPC. ler section 495 of IPC for concealment of (b) Since the second marriage Is unl ie tutle gages ee ie Is unlawful, therefore Kumar will not be liable under section 495 of IPC. (©) Kumar is already held liable under: section 494 of IPC. (6 Because Kumar was unaware ofthe laws, therefore he wil nat beheld abin ae Seen 495 OP. Join "Clat aspirants group" on telegram for clat stuff. OLegalEdge Tutorials Replication or othe: , othe anathried us of is matrals prohibited by the apright lav of ndiaJoin "Clat aspirants group" on telegram for clat stuff. TOPRANKERS” ys Passage (Q.16-Q.20): Talag Is an Islamic word for divorce, denoting dissolution of marriage when a Muslim man can severe all marital es with hs wife. Under the Muslim law, Triple Talay means liberty from the relationship of mariage, eventually or Immediately, where the man, by simply uttering the word ‘talaq’ three times, ends his marriage. This instant divorce ts called Triple Talag, also known as ‘talag-e-biddat- ; ‘The Muslim Personal Law (Shariat) Application Act of 1937 had legalised and allowed the practice of Triple Talaq which gave a Muslim husband special privileges over his wife. Triple Tala, also known as Muslim Women (Protectionof Rights on Marriage) Bill, 2019, was passed by the Indian Parliament as a law on July 30, 2019, to make instant Triple Talag a criminal offence. The Rajya Sabha passed the Bill, with 99 votes inits favour and 84 against it.The Triple Talaqlaw makes the instant ple talaga criminal offence and provides for aj term of three years fora Muslimman whe commits the crime. The law also makes Triple Talaq a cognisable and non-bail able offence. Introduced in the Lok Sabha by Minister oflaw and Justice Ravi Shankar Prasad on June 21, 2049, the Bill replaced an Ordinance promulgated on February 21, 2019. The main alm ofthe bills to create a balance of excess privilege between men and women in an Islamic Union. ‘As the Bill was pending for consideration in the Ralya Sabha and the practice of Triple Talag divorce system was continuing, there was an urgent need to take immediate action to prevent such a practice by making strict provistonsin Jaw. According to Clause 3 In Chapter 2 of the Bill, “any pronouncement of Talaq by a person upon his wife, by words, clther spoken or written or in electronic form or in any other manner whatsoever, shall be vold and illegal”. TheClause 3 also states that, “whoever pronounces Triple Talaq upon his wife shall be punished with imprisonment for a term which may extend to three years and fine”, According to Clause 7 C In Chapter 3, “No person accused of an offence punishable under Triple Talaq law shall be released on ball after the Magistrate, on an application filed by theaccused and after hearing the married Muslim woman upon whom talag was pronounced, is convinced that there arereasonable grounds for granting ball to the accused! Clatise 6 in Chapter 3 ofthe Bill states that,“a married Musllm woman shall be entitled to custody of her minor children in the event of pronouncement of talaq by her husband, in such manner as may be determined by the Magistrate” Join "Ciat aspirants group" on telegram for clat stuff 16 Whataccording to the author Is the legislative intent behind passing such bill? {@) ‘The Dill intents to punish all the Muslim Men who triple tala thelr wives. (6) The bill intends to criminallse a personal law because It violates the feminist principles. {o) Theil! intends to create a balance of excess privilege between men and women in an Islamic Union {@) The bil intends to give more power and rights to women In the marriage than men, 17, Zeb,a woman files a case against her ex-husband Rahim for reinstating her marriage after the bills introduced, which ‘was vold under Talag-e-biddat, will she get a remedy? {a) Yes, as the same has been declared void and illegal, hence her marriage would be relnstated, (b) No, as the law just declares the talaq vold. (3 Novas the aw declares any further triple talaq vold but doesn’t talk about retrospective application on previous divorces. (@) Yes, as according to the same privileges. new law her divorce was not valid hence she fs still married and would continue to enjoythe February 2017, by the mode of Triple Talag, through a mail over her computer. 18 Ms.X was divorced by her husband on 26 Arnel crn hhusband Mr. ¥ under such charges after the passing of the bill. Isthe same She has files a criminal sult against the maintainable? "Novas the ce over an email and it doesn’t constitute asa valid talag, hence itcannot be penalized. (@) No,as the talaq took pla tunication illegal and votd, A) Yes us teple talag over any medium of communication Is leg eae a orcs pak place before the passing ofthe law hence she cannot val the remedy under the same, 19, Sharmila a Muslim divorcee Is looking forthe custody of her 18 year old daughter Yasmeen under the Act, wil she succeed? " (a) Yes, as the above act provides as a remedy, aoa eee ramtbetl dv vetoes danger airs S$ ——_|_ Taiicgaibiaige Tutorials Page 9 268 ofthis materials probibited by the cpyrigh laws of Indi that the custody in such divorces would remain with the mother ofthe Replication ot other wnanthorzed mse Join "Clat aspirants group" on telegram for clat stuff.TOPRANKERS" a 20. 21. 22, 23, 24, Join "Clat aspirants group" on telegram for clat stuff LEGALEDGE TRANKERS initiative Hamid has been charged with the offence of triple Talaq and has been taken into judicial custody tl the trial commences, what remedy does he have under the above mentioned Act? fa) He does not have any remedy till then as its a non-ballable offe {B fecanscekthe penmiscton of court to apply fr bal ina separate tral toca igs oe (6) Ifthe accusing partner allows for the grant of bal in person, he could be balled from Judit! Tt (@) He can be ensured all the rights given to a prisoner according to the present Passage (Q.21-0.25): Negligence in legal terms means and barred breach ofa duty of care that results in damage The folowing three ways make the constituents for negligence: (1) a legal duty to exercise due care on the part of Menor complained of towards the party complaining the former’s conduct within the scope of duty (2) Breach of we Sorte diy, and (3) Consequental damages. The Job fs doctor I to ensure that his patients ae treated propery a et jost care. Further, thas been cited in many cases lke ata practi tama gence nly te does at possess he required shltocompete the ob or does notexercise caution whe reating the patient In Sishir Ralan Saha v, The state of Tripura the petitioner’ son, Ashim Sah, whilecoming from Agartala Udalpur on a scooter, met with an accident. He was admitted to the emergency ward of theGB Hospital, Agartala. The senior specialist doctor, Dr P-Roy, was not availablein the hospital. He repeatedly calledto attend to the patient. However, he was busy attending to his private patients and did not bother to come to the hospital to attend to the accident victim. Unfortunately, Ashim Saha succumbed to his injuries. Due to the same, Dr Roy was held liable to pay Rs. 1,25,000 as compensation for the death of the deceased. Passages were also issuedto all the government hospitals to upgrade the medical services. Thus ifa specialist doctor does not care to attend toa patient admitted to the hospital's emergency ward and the patient dies, the doctor would be liable to pay in compensation. Source: e cal eduting: Mint was assigned as a lifeguard at the local swimming club. While she was busy on the phone a 7 year old child drowns and dies, as he did not know how to swim. The family of the child sues Minl for negligence. Decide. (a) The suit will be successful as Mini was negligent in her duty. (b) The suit will be successful as the child died due Mint being distracted, (©) The suit will fail as Mint is not responsible for a child who does not know swimming, (@) The suit will fail because Mint is just an employee as the club. ‘Take the same situation as the previous one. In this case when Mint sees the child drowning she jumps in to savehim buts unable to do so. The family sues Min! for negligence. Decide. (2) Mini was negligent in her duty as she was notable to save the kid. () Mint was negligent in her duty as she should have prevented the kid from golng into the pool (6) Mini was not negligentin her duties as she did her best to save the kid. (4) Mini was not negligent as she was paying attention to her duties. Ashop selling handmade soaps in the shape of strawberry candies, labelled on the back of their products in bold thatit should be kept away from the reach of children below 4 years of age. Kavita bought the soap and didn’t read the label carefully. Her 3 year old daughter while playing in the bath get her hand on the soap and tries eating it. She is taken to the hospital due to poisoning, Kavita sues the shop owner for negligence. Decide. (a) They were negligent as they should have let her known of this warning when she was purchasing the soap. (b) They were negligent as they to begin with should not sell such dangerous soap. (©) They were not negligent as they were not selling the soap to kids below the age of 3. (@) They were not negligent as they printed out the warning in bold, Dr, Max {s a well known neurosurgeon in XYZ Hospital In Delhi. He had many os} lh. He y Patients under him, One evening due to an emergency hls mother In law gets admitted to XYZ hospital during the same time, one of his patients also getsinto a critical conditions. He was called multiple times by the h le times 10spital, and the family of the patient to come and takecc Patient, but he refused to do so and the patient ended up passing away. Decide, ig otis (@) He was negligent in his duties as a doctor he should have attended to his patient, (b) He was negligent in is duties, as (©) Me guns neaigentin his duties, as he didnot lt family ofthe patient priory known that he will not be attending his (6) He was not negligent in his duties as his family should be more important to him, (@ He was not negli is duties a patent neslsentin his duties as taking care of his mother inlaw can also be sald that he was taking care ofa Join "Clat aspirants group" on telegram for clat stuff. ©LegalEdge Tutorials eatin or other nan age 0 of 260 Repheaion 0: oes snathoried ns of hs materials pechibited by the apyright laws of IndiaTOPRANKERS” 0 srorenmnntieen 5. In Shir Rafan Saha v. The state of Tripura, mentioned In the passage above which one of the three elements (9 constitute negligence ‘was present? " ie eee er (a) Alegal duty to exercise due care on the part of the complained of towards the party comy Jaining the former's fonduét within the stope of auth. PSOE BaP Sere (b) Breach of the same duty. {€) Consequential damages. {@) Allofthe above. Join" ‘ " 5 join "Clat aspirants group" on telegram for clat stuff. g LEGALEDGE passage (Q.26-Q.30): In 2017, a married woman (22) approached the Supreme Court to abort her fet of 24 weeks, ps the latter suffered from ‘anencephaly’. ‘Anecephaly’ ts a defect where a baby Is born with an underdeveloped brain aaa ener aolete skull A baby born with this defect Is mostly stillborn or dies shorty after irth, ancl to 43%, there Is and an ard treatment for this defect. Hence, Ifa pregnancy isnot terminated, itcould gravely affect the mother’s mental 20d atysteal health, However, under the Medical Termination of Pregnancy Act 1971. physica! Incapacity ‘ry admitted are rounds for termination only til the twentieth week of gestation, which shehad crossed tn that according to the ae ern 1971, the only justification for procuring permission to abort is when thereisa threat to me pregnant women’s Mir cestion 5 of this Act played a significant role in the Meera Santosh Pal case. A set of trusted medical practitioners ym child had a defect called ire sined the petitioner. They confirmed that she was 24 weeks pregnant, and her unbor Miecided thatif the petitioner goes through the entire ‘anencephaly’. On the advice of the medical practitioners, the Court caer et pregnancy, it would adversely afect the petitioner’smental health, putting her Wc danger. This section says Heer thing sald in sections 3 and 4 shall be applied toa situation where a registered medical practitioner in good faith prescribes that termination is immediate; otherwise, it could be lifethreatenipg for ‘the woman, Source: ‘want to give birth to her child anymore and asked the 26. X was 24 weeks pregnant when her husband left her. She did not thing wrong with the child and she had passedthe 20 Joctor to abort her kid. The doctor refused to do so as there was not (veek mark. Decide whether the Doctor was right in doing so. {@) Yes the doctor was rightas she was over 20 weeks pregnant, 24 weeks pregnant and there was no complication with her pregnancy. (by Yes the doctor was right as she was (3 No the doctor was not right as following through with ths pregnancy Mis X mental harm, {3} No the doctor was not right as X has a rightto terminate her Pregnancy ‘whenever she desires. cd was 20 weeks pregnant, during a routine check-up it was found that, birthing the childmay lay Mies of the doctor ¥ aborted her kid Decide whether such an abortion is legal or not las Y was under the age of 18. 27, Ywho was 16 years physical harm on Y. 01 (a) Yes such as abortion is legal {b) Yes such abortion is legal as completing the term of the Prego ‘would lay a danger on Y's life. (e) No such an abortion Is not legal as she was over 12 weels pregnant {3 Nosuch an abortion s not legal as Y did not consent rot ae, Mand N have been married for 3 years. During te time when M.was 4 Wet BESETaTS Fae decide to divorce due to Mand N have been rich M wishes to aborther child but the doctor refuses todo sos theres no complicationwith the areumancy. Decide whether the doctor was right in doing 59, Wecthe do ‘ghancy would notlay any danger on M. {@) Yes the doctor was right as the prei §} Noas Mis pregnant for less than 20 weeks and hence fan 0 for an abortion. (2) Yeoas M has no right to aborta perfectly healthy ost {@) Nos M has the legal right to terminate her pregnancy fof she wishes to do so. - up to how many weeks can a women terminate her pregnancy? (©) 22 week. (d) 12 weeks. {the child would be born with certain physical disabilities, her te the pregnancy otherwise her life may be In danger. Decide 1 Termination of Pregnancy Act 1971 (b) 20 weeks. sn she found out that 1 for her to terminat 29, As per the Medica (a) 4 weeks. 30. Rina was 24 weeks pregnant whe doctor suggests that it would bette incther ach termination wil beef. {2) Yes as the child will be physically . allenged, going through with the term ofthe pregnancy may lead to intense es ae nd physical harm on Rina ' enn wl nt ly any danger on nase () Yes as the child would be born ‘with physical disabilities. ( (@).Noas she ts over 12 weeks pregnant OLegalEdge Tutorials ua epheation on other wnatbriced me of tt marl probibited Wy the copyright as of India Join "Clat aspirants group" on telegram for clat stuff.Join "Clat aspirants group" on telegram for clat stuff. LEGALEDGE TOPRANKERS™ Tavares ie Passage (.31-0:35}: The right to freedom of spech and expression under Article 19(1)(e) andthe right to astemble Beaceflly without arms under Arse 19(1)(b) ae two inalenable rights and form the earnerstone of the Consttuton oftndla These rights, when read coherently, enable every ctizen to assemble peacefull and protest against the action ot nations ofthe tate, These aries also paved the way fo indian ctizens to exerci thet ight to protest. th India, the protests are staged primarily in picketing, demonstrations, strikes and bandhs If non-violent, these forms are regarded asthe manifestation ofthe freedom of speech & expression, peaceful assembly and asoctaton and a fe movement throughout the erstory onda, Many ofthese protests and demonstrations take the frm ofrlotsandatrays detrimental to the state and public order security. Such situations have been tackledtime and again by Invoking See 144 CrPC Section 144i often enforced to prevent dlsorders, obstructions and annoyances with a view of maintal ning public peace and tranquility. Further, the SC has held that using 5.144 CrPCto maintain the public order by prohibiting the exercise ofthe right to protest is a good law and not arbitrary action, Source: https: -to-protesteind 31, _ To show thelr dissatisfaction withthe government the member of the Jal Hind party, held a peaceful demonstration on ‘the Rajpat, which blocked various roads but it has many other optional route for transportation, Section 144 of crpe was announced in order to disperse all the protestors.Decide whether such act was an arbitrary action or use of a good law. (2) Itwas use ofa good law as the protestors blocked the road and disturbed public order. (b) Itwas use of good law as protest against the government should not be tolerated (€) Itwas an arbitrary action as the protestors were peacefully demonstrating, (@) le was an arbitrary action asthe protestors were exercising their right of free speech and peaceful assembly by peacefully demonstrating. 32, The residents of Sunshine colony decided to hold a peaceful protest against their regional magistrate for not doing thelr duties of filling up potholes and mending sewage pipes. The Magistrate office announced section 144 Crpe saying that the protestors were disturbing public order. Decide whether this was an arbitrary action or a use of good law. (2) Iewas an arbitrary action as the residents were peacefully demonstrating and they did not create any public disorder. (b) Itwas an arbitrary action as they did not create any public disorder. (6) Itwas use of a good law as the Magistrate says that they were disturbing public order. (2) Twas use of a good law as the residents have no right to demand anything from the regional magistrate 3, Kalyan Vakt Party, decided to show their dissatisfaction for losing the general elections by protesting After a while the protest turned intoa riot whereall the member started lighting public transportations up in lames. Canin this cacerecting 144 be said to be use of good law? (2) Yes as the protest turned riot disturbed public order, () Yes as this s no way of showing your dissatisfaction, (9 Noas they were exercising their right of freedom of speech and peaceful assembly. (@) Noas this is an arbitrary way of putting a polltical party down. 34 With the Supreme Court criminally convicting 25 members of Bafrangdal for harassing and assaulting an innocent SPUR the other member in country came onto roads and started a riot in ths case decide whether section Laan? ‘erpe should be imposed or not? (@) Ves section 144 should be Imposed as It thereto limit such outrageous behaviour (0) es section 144 should be imposed as this is nota peaceful protest Lats sat (@) Nosection 144 should not be imposed as they have the right to pretest, 35, {Grerdingto the passage when does the use of Section 144 of Crpe hs s (0 is been permitted by the Supreme Court? (2) When a protest is staged against the government, : Peay we verano (b) When a peaceful protest turns into a riot, (c) When a peaceful protest blocks roads, (0) When protest leads to publi disorder, dsturbance and annoyance, Join "Clat aspirants group" on telegram for clat stuff. ‘OLegalEdge Tutorials Page 2 of 264 Rephaton ox other authored we of this marian Prohibited by the empyright laws of IndiaJoin "Clat aspirants group" on telegram for clat stuff. LEGALEDGE TOPRANKERS” 0“ ertwtrsie Passage (2.36 ~ Q.40): In a significant judgment pertaining to breach of contract, the Madras High Court ventured into when a party aggrieved Is entitled to compensatory damages and under what circumstances the Court may grant rest{tuttonary damages by way of an account of profits. Compensatory damages are awarded to redress the loss suffered by an aggrieved party, Whereas, restitutlonary damages are more In the nature of directing the Defendantsto disgorge the benefit accrued In his favour due to unjust enrichment atthe expense of the Plaintiff. Justice N. AnandVenkatesh has made tclear that compensatory damages for breach of contracts awarded where the damages wereunidentifiable in the normal way. Itadded that Compensatory damages normally present themselves with difficulties associated in computing arellable assessment of the loss caused to the party. Source: news-updates /madras-high-court-breach-of-contract-compensatory-or-restitutlonary-damages- disgorgement-of-profits-187830 36, Mina and Rim were partners. Mina by way of cheating took over Rimi thelr store and soldall the goods at1 Cr. Whichwas way less than the market value. Rimi clalmed that by natural way of selling she would have sold all the goods as3 Cr. As a Judge decide whether you would award restitutionary damages or compensatory damages? (a) Restitutionery damages as the loss ts Identifiable, (b) Restitutionery damages as the loss Is over 1 cr. {6} Compensatory damages as the loss is unidentifiable, (d) Compensatory damages as the loss ts tdentilable. | | _ 37, Takingthe same situation as the previous one, if Mina sold half the goods at a loss of 3 cr. and burned down the restof the | store, which made itimpossible to identify the goods which were remaining, As a judge decide which compensation will | you award In this case. (2) Compensatory damages as the total loss is unidentifiable. | ! (b) Compensatory damages for the store. (0) Restitultonery damages as the damage is identifiable. (4) Restitutionery damages for the goods. 38. Kira leased out an agreement from Larry. One night while trying to cook she accidently burned the whole kitchen and the bedroom to the point that it was unrecognizable. Larry sued Kira for breach of contract. Decide. (@) Compensatory damages as it cannot be determined what all was damaged due tothe fire. (6) Restitutionery damages as itcan be very well be determined what was damaged in the fire. (©) Compensatoty damages as the price of the kitchen Is not known. {@) Restitutionary damages as the loss should be the lease amount. 38. Taking the same situation as above, the mfcrowave and the chimney were included Inthe lease agreement, whlle she ras eeoking she puts in a metal spoon which leads to sparks and damages the microwave, Larry sues Kira for breach of contract, decide. (2) Compensatory damages as the price of microwave ‘cannot be determined. {B) Restiutionery damages asthe price ofthe mlcrowave can be determined, (6) Compensatory damages as the microwave was old, {G) Restiutionery damages asthe microwave was Included Inthe lease 49. According to the passage what Is the biggest difference that has been laid down by Justice Venkatesh between restitutlonery and compensatory damages? (a) The determination of profit and loss. (b) The determination of breach of contract. () The Identification of amount of loss. ® Nodifference as both are awarded due to breach of a contract. Join "Clat aspirants group" on telegram for clat stuff. i Legattdge Tutorials Page Bot 268 Iepbeton oor mantis materials pried bythe pile of IniaT Join "Clat aspirants group" on telegram for clat stuff. ‘©PRANKERS™ } LEGALEDGE" ‘ATOP RANKERS initiative 1 ANSWER KEY WITH EXPLANATIONS CLAT ASSIGNMENT O1 (@) Option (A) is correct because as mentioned in Paragraph 4, activities intending or having a tendency to create disorder or disturbance of public peace by resort to violence between at least two religions ‘constitute an offence under Section 153A. Here, Shiv's ‘act of publishing article to boycott elections and resorting to Navalite activities might disturb public disturbance but there would not be any violence between two communities as there is nothing in the article that would promote hatred or violence between ‘wo different religions. Option (B) is incorrect because tendency to cause disturbance of public peace does not ‘amount to an offence under Section 153A unless there {s some promotion of hatred or violence between two religions. Option (C) Is Incorrect because the passage owhere mentions that resorting to Naxalite activities Is an offence under Section 153A. The chief ingredient of an offence under Section 153A Is the intention to promote hatred or il-will between the several classes of religion, In the present case Naxalite activities are Involved thus, option (C) stands incorrect Option (D) Is incorrect because givingof 24-hour prior notice before arrest has not been mentioned in the passage. (©) Option (C) is correct because according to the requirements for an offence under Section 124A and 153 Aas mentioned in Paragraph 3 and 4, the speech ‘should incite hatred an provoke violonce against the government andthe speech should incite hatred and violence among two religions fespectively: Here, Atl’s speech that mentioned to overturn the government by voting against it does not incite any hatred or provoke any violence against the government but isa peaceful ‘way to show disagreement withthe government. Atuls speech also does not mentionsanything that would lead to violence between two religions as it does not, ‘mention anything about religion. As per 2nd passage Criticism of any government, government policies or even institutions is fundamentally within the reach of freedom of speech and expression, Here in present ‘ase criticism was done by the Atul and his friends regarding the employment policy. Option (A) is incorrect because whether a person can be arrested for two different offences at one time has not ‘been mentioned in the passage, Option (B) is incorrect. because Atul's speech hasn’t incited hatred against the governmentand does not promote violence between ‘wo religions. Option (D) is incorrect because saying a government to havegone deaf does not amount to hatred or violence between two religions so as to constitute an offence under Section153A. (@) Option (A) Is correct because In Paragraph 3, essentials of Section 124A mentions that “Bringing of attempting to bring hatred or contempt or exciting disaffection or provoking violence towards the Government of India”, hence, Inthe present case, act of carrying the placard mentioning to bomb. the parliament amounted to attempt to incite hatredand Violence against government of India and hence, the arrest Is valid. Option (B) is incorrect because the ‘©LegalEdge Tutorials on this materia Join "Clat aspirants group’ “on ‘él Replication or other smanthoriged ux essentialin the 3rd Paragraph does not mention that the inciting of violence, If confined to the people dissenting and Inctingthe violence, does not amount to an offence under Section 124A. Option (0) is Incorrect not only Atul butallthe people present there carried the placard which amounted to an offence Under Section 124A. Option (D) is incorrect because carryingofplacardamotntstoanoffenceunder ection 124Aas 2nd essential of ection 124A in Paragraph3 mentions that “Such act or attempt may be done a) by Words, elther spoken or written, of, b) signs, ¢) by Visible representation.” (©) Option (6) Is correct because according to Paragraph 2y"criticism of any government, government polices or even institutions Is fundamentally within the reach of freedom of speech and expression.” Here, Sheeta's action of publishing cartoon did not incite hatred or iolence against the government but was only a Criticism of the government and was within the freedom of speech and expression. Option (A) is incorrect because, in the question arrest has been made under Section 124A and not Section 153A. Option (Bis incorrect because the cartoon must incite vlolence against the government and not in support of the government. Option (D) is incorrect because there has been no mention ofany religion in the question. (B) Option (B)is correct as the statement in option (B) is incorrect because agzording to Paragiaph 1, Sharjeel Imamnunder’s. speeches, made in. Aligarh Muslim University_and Jamia area in Delhi against the Citizenship Amendment Act amounted to an offence under Section 505 and 1538 for which he was charged ‘which is clearly mentioned in the passage. Option (A) 's incorrect because the statement is correct and can be referred ton 4 Option (C) is Incorrect because the statement Is correct as cartoon amounts to visible representation which can be referred to. in 2nd essential of Section 124A In Paragraph 3. Option (D)isincorreet because the statement is correctas 2nd essential of Section 124A in Paragraph 3 mentions acts thatare done.) by words, either spoken or written, or, 3) signs, c) by visible representation amount to an offence under Section 124A but thinking does not amountto any of them. (©) Option (B) is correct because accordingto paragraph3, “IF 10 lakhs are given for murder & lakhis deposited Inthe accountoffence of money launderingtakes place only with respect to 5 lakhs" Inthe present case Rs. 6 crores have been given for murder and only Rs. 3 crores have been deposited in the account of Vijay by Parag. Thus, willbe lable for money laundering ofonly Rs, 3 crore. Option (A) is incorrect because the arrest has been made for the offence of money laundering hence, who killed Ravi is of no significance here. Option (C) is incorrect because there has been no mention of a contract in the passage. Option (D)is incorrect because there Is no such requirement of complaint being received by police before arresting foran offence of money laundering inthe passage. Page 14 of 264 ilis prohibited by the copyright laws of India legram for clat’sti uff.yr Join "Clat aspirants group" on telegram for clat stuff 7 9 aS’ LEGALEDGE TOPRANKERS” 22 eS ATOP RANKERS Initiative eee nh 19 option (is correct because accord (1) cated merntte crv ete are rth the online copy of the FR muse be upended oxen in senlal crimes and sensitive offences relating. to terrorism and national security” Here the offence Deing related to terrorism, Is an exception to the accused right of having accessto the FIR. Option (A) is treorretbecase despite the fat of every austed povngight to acest FR terearesomectceytns Under which acess to FIR is dened which canbe referred to in Paragraph 5. Option (B) is incorrect because nobody arrested should be given access to the PIR regstred apn thm becuse. thy. had Cored te offence related to terorism nih tinder exception ofthe rule of giingacess 0 F1R and thesame cin bereferred ton Paragraphs Option (0) i ncorect because there has been nomenon abou the aly members of acased faving acces othe FiRinthepasage 6 (@ opt (Os core becuse Paragraph mentions Seen As ot the PMLA AG thet aay the Fraction of imncence sal forded fo aecsed Prpzon unr emia law, T be granted al the arg muse prove pimataie thst they Were nt sii Henc, person accused under Scion 4S of sunt srequlred fo proves innocence rina facie. Option (A) Is incorrect because no relation has Bes plz nthe pcsage about any relation reencemurderand PMLAAG pan (8) sigoret aoa fy redurenene ot oepour-gotce ad cat eee in the pasage under Section 39 of a etna be refered ro Parograph4-Opt9n Pa roc because accorang t Parag One ten by investigating 2EeNO7ED ‘amis nw 9% (B) Option (B) is correct because according to Paragraph Orion (ey bellove’ mustbe recordin ing tte eon Gy rest under Section 19 of PMA hetoremairg 2 gason to belve has onl been At ete ttac conferencing and not evden ese ern (a sieve because hal esen er or uh rarest base te feason tole re be corde in weing searing 2 tele ea Act mentioned in Paragaph Section 19 of Pirie bene the question Nt Option (©) pat mount of money hss bee er eed Way option (0) eae Iaundered by Parag rest woreatfoF aves under because sug tpmentonedasarequrement 8 the passage 40. (b) Option (B) contains the incorrect statement because Sen or PMIA mentions abou the lig 3) Seetion 45 offon-of innocence usually afforded fo the Presa under criminal law whereas Section accused Perks about provisions regardingarrestof 2a eeeScaunderthe Act Te same canbe Tere ance nd respecavey- option (A) contalns tn Parag ant because Section 45 in Paragraph oa ae taking, away the presumption of mentions eal afforded to accused persons under tances saartion (C) contains correct statemen eiminal a ceered coin Paragraph 5. option (D) 1" 12, 13. 14 15, @ ©) @ @ @ Paragraph 3. Option Dis the correct answer because the facts given in the question states that Reema used to accompany Ram to the divorce proceedings with Seema. Which Indicates the fact that the concealment of fact of first marriage is absent. And fraudulent intention or Concealment of facts of the prior marriage is an ‘essential to prove guilt under section 495 of IPC, as given in the last paragraph of the passage. Option A Is fot correct because question is seekingthe liability under section 495 of IPC which has not of Valid or lawful marriage. Option B is incorrect because merely fling of divorce does not mean that the marriage stands vold or ceases to exist. Option C is incorrect because filingfor divorce on mutual consent shows that no trusts breached here. Option B is the correct answer because as per the exception to section 494 of IPC, ‘if such husband or ‘wife at the time ofthe subsequent marriage, shall have been continually absent from such person for the space of seven yearsand shall not have been heard of by such person as being alive within that time provided the person contracting suchsubsequent marriage shall, before such marriage takes place, inform the person with whom such marrlage fs contracted of the real state of facts so far as the same are with in his or her mowledge’ Here all the ingredients of this exception are fulfilled. Option A\s incorrect because Shyambeing missing did not leave a scope for attaining divorce. (Option C is incorrect because the facts ofthe question states that Savita had shared her ordeals of prior marriage with Raghav. Option Dts ingorrect because the facts are very much clear about both the marriages. Since 7 years of shyam's missing completes atleast not before 8th of august 2016 therefore according to the essentials for falling under the exception to section 494 Of IPC, a marriage taking place before seven years of tnissingor no contact shall be considered void. Hence, Option A is the correct answer. Option B is incorrect on the same grounds because ha the marriage taken place any day after the competition of seven years, it ‘would have been validbut so is not the case in the ‘question given. Option C is incorrect because there i more than sufficient given in thequestion to determine the legal status of thelr marriage. Option D fs incorrect because Shyam cannot decide the legality of a ‘marriage. Its only the court of law that can do so. Option Dis the correct answer because as given in the passage, section 494 of IPC provides for a maximum punishment of seven years of imprisonment with Fine. Option A ls not correct because an offence under this, section cannot exceed the maximum of 7 years of Imprisonment. Option B is incorrect because it Is lesser punishment thanother options provided in the question and the question has specially asked for the ‘maximum punishment. Option Cis incorrect because it ‘merely talks of fine and no imprisonment. Option A is the correct answer because according to what is given in the passage above, section 495 of IPC holds a person guilty of having concealed from the person with whom the subsequent marriage. is Contracted, the fact of theformer marriage. Option B is centtins rorrece statement and can be referTed to 7) ‘OLegaldge Tutorials ——— Eee Replication ox otter unanthariced ve of ths material is prokibited by the copyright laws of India Join "Clat aspirants group" on telegram for clat stuff.Join "Clat aspirants group" on telegram for clat stuff. TOPRANKERS" does not affect the guilt or liability of the accused, pon ned aris 2 Pe ie er oe eect tet hy sim ee sostiong Himself io 2 higher fei ee ign ut er ey pe pee i ewe one a serch latch bie Kaba de coal een es ea husbands enjoy. mote yer ain ran a mow tr spec ecient cara Option A ts incorrect. While the practice was not seat bre ante aes brevious divorces, whch precludes it from havingany Frcs anor mites om icy hich have been annie, : plsoy ane erring rere SYN te a was nok term of hee years ora Musi man who now utters Dractce Vold. The law ls crostee ae seme created to ensure such Advorces do not happen in the future. It does not Replication ot other unauthoricg LEGALEDGE™ "ATOP RANKERS initiative lon the retrospective application of Its ook place and marriages which have been annulled. ‘The correct option sD. This is because the law was not enforce when the divorce took place, and It oes not mention any retrospective operations ofits provisions. ‘Therefore, it does not deal with divorces that already took place and marriages whieh tave been annulled already before passing the bil Gption Ais Incorrect ts Irelevant wth regards to the medium chosen to convey Triple Talag In so far as the criminal proceedings are concerned. This is s0 because the law, which now provides fora Jail term ot three years fora Muslim man who now utters the word ‘talaq’ thrice, does not mention the retrospective application of its provisions, This effectively means that the criminal suit filed by Ms, X would not be ‘maintainable since the law has no effect with regardsto tnatters that occurredbefore its enactment. Option B is incorrect. It is irrelevant with regards to the medium chosen to convey Triple Talaq in so far as the criminal proceedings are concerned. This is so because the law, which now provides fora jal term of three years fora Muslim man who now utters the word ‘talag’ thrice, does not mention the retrospective application of its provisions. This effectively means that the criminal suit filed by Ms. X would not be mmalntainablesince the lawhasino effect with regardsto matters that occurredbefore its enactment, Option D.js incorrect It is irrelevant with egards to ‘the medium chosen to convey Triple Talag in so far as the criminal proceedings are concerned. This is so because the law, which now provides fora jail term of three years fora Muslim man who now utters the word ‘talag’ thrice, does not mention the retrospective application of its provisions. This effectively means that the criminal suit filed by Ms. X would not be ‘maintainable sincethe aw has no effect with regardsto ‘matters that occurredbefore its enactment. ‘The correct option is C. Clause 6 in Chapter 3 ofthe Bill states that, “a married Muslim woman shall be entitled to custody of her minor children in the event of Pronouncement of talaq by her husband, in such manner as may be determined by the Magistrate” (Fefer last line ofthe passage). Thus Sharmila would Totsucceed since the Actonly provides for the custody of aminor child, which her daughter no longer is. Option Ais incorrect. The correct option is C. Clause 6 in Chapter 3 ofthe Bll states that, “a married Muslim Woman shall be entitled to custody of her minor children in the event of pronouncement of talaq by her husband, in such manner as may be determined by the Magistrate” (refer last line of the passage). Thus Starmila ‘would not succeed since. the Act only les for the custody of dl ih her daughter no longeris, OT Ch. which Her (ton ls closer than option since the former draws {R.eatelusion from the passage wherein it mentions that the Act only provides for the custody of a minot ila-This could beszenin Clausen chapter 3afthe aaa Mie’ Muslim woman shall be entitled to minor children in the event of pronouncement of talaq by her husband, in such OLegalEdge Tutorials = ed use ofthis materialis prohibited by the Page 16 of Join "Clat aspirants group" on telegram for Clat Stet"Join "Clat aspirants group" on telegram for clat stuff. 1OPRANKERS” manner as may be determined by the A ane ‘Option D Is incorrect. Clause 6 in Chapter ager anette to custody of her minor children in the event of pronouncement of talag by her husband, in such Tanner as may be determined by the Magistrate” {Fefer last line of the passage). Thus Sharmila would notsucceed since the Act only provides forthe custody of aminor child, which her daughter no longer is. 20. (9 Thecorrectoption|sC Thisis inaccordancetto Clause C in Chapter 3, “No person accused of an offence punishable underTriple Talag law shall be released on ballater the Magistrate, on an application fled by the accused and after hearing the married Muslim woman tupon whom talag was pronounced, is convinced that there are reasonable grounds for granting bal to the accused! (refer para 4 of the passage). On the basis of Same reasoning Options A and B stands incorrect Option Cts closer than option D since the former is more aligned with the principal provided, specifically Muslim Women (Protection of Rights on Marriage) Bill, 2019. While option Dis broad thus, eliminated 4. (a) Option (b) Is Incorrect as the suit will be successful because this satisfies all the three elements for constituting negligence, (Is Incorrect as it was Mints legal duty to save the Jad which she fatled to do soas she was negligent. (4) {s Incorrect as Mint as the employee ofthe club, was fiven the duty of a lfeguard to prevent any such fnishaps from happening Hence (a) Is correctasallthe elements to constitute negligence have been satisfied inthe case twas Mint legal duty tosavet he childas the lifeguard, there was a breach of duty as she was lstracted by the phone and did not fulfil her legal duty Sind lastiyduty to breach of such duty the child lst his lite 22 (¢) Option (a) Is Incorrect as Mink owed a legal duty to exercise due care to the child and didnot breach such duty as she tried her best to save the kid, (©) is incorrect Min! owed the child a legal duty to lm, but or saving the child does not mean that she breached fet legal duty as she did all she could to save im. (4) {s parially correct as she was paying attention to et {bios and also tried to save the kid by jumplngin and fhonee she did exeretseall she could to save the kidand follow throughher legal duty. Hence (c) Is correct 9s Mnldid not breach her legal duty that she owed 9 he Id and tried best to he bly f0 sve the Cl and henge she was not negligent in her duties 2. (a) Option (a) fs incorrect as yes. the shor, sein penimage soaps, did owe a duty of care towards Kavite but on their label, they had In bold mensions that the soap should be Kept out of reach for chide” Palaweheate offour. Hence ifshe would haveseen he Teel Cavenully. she would have taken more el uione (bp is incorrect as the soap itself snore Eopgerous item I's just that for ids, may boron sarin poisonous, bu they did follow through "he ingat duty and mentioned all the warnings onthe BPey (Gisineprrectasitcannotbeinferred fromthe passe sercsrs ground to constitute negigencedtence (2) sation oF Of 24, 25. 26. 27. 28. 28. OLegalbdge Tu hes unauthorized use ofthis material's @ @ (0) ©), o » § LEGALEDGE Peretres aoa ATOP RANKERS Initiative everyone they were selling the soap to that it Is polsonous and hence they did not breach any of their Tegal duty. Option (b) Is incorrect as he owed a legal duty tothe patient to exercise due care, which he failed to doso.as hedid not attend to him or her, (c) is Incorrect as his legal duty to exercise due care was towards his patient which he failed, 4) is Incorrect ashis mother in law was not his patient, and hence it cannot be said that he was taking Enre of a patient and fulfilled his legal duty to exercise Gute care. Hence (a) is correct as he owed a legal duty to exercise due care towards his patient which he breached when he refused to attend to his patient and ‘asa result ofthis breach the patient died. Option (a) is incorrectas not only did the doctor owea Tegal duty of care to the patient in this case he also breached such duty by attending to his private patients, (b) is Incorrect as due to the breach of his Tegal duty the motor bike accident victim succumbed to his injuries, which satisfies the third element of ‘consequential damages in this case. Hence (d) is the ‘only correct answer as the doctor was a specialist and owed a legal duty of are tothe plaintiff's son, which he breached by gnoringthe callsand attending his private patients and as a result of such breach of duty the ‘Vietim succumbed to his injuries and therefore all three elements that constitute negligence have been satisfied in this case. ‘Option (a) 1s partially correct as she was over 20 weeks pregnant and the pregnancy did not have any complications, (¢) 1s incorrect as It cannot be determined as to why the pregnancy may cause X ‘mental harm, (4) is incorrectas according to the MTPA. ‘Act of 1971 a pregnancy over 20 weeks cannot be terminated, Hence (b) is correct as section 5 will not be applicablein this case because she's over the 24 ‘week mark and there was no complication which ‘would lead to any harm to her with the pregnancy. Option (a) is incorrect as it cannot be determined * whether age is a factor of termination of pregnancy tunder the act, (c) is incorrect as completing the term fof the pregnancy will put Y's life in danger, (a) is incorrect as it cannot be determined from the fact If consented to it or no, same cannot be assumed. Hence (b) is the correct option as according to section Sof the act, any pregnancy which puts the life ofthe mother in anger can be terminated ifitis over the 20 week mark Option (a) is Incorrect as even though the pregnancy would not lay any harm on M she has the right to terminatethe pregnancy as she wills (c) is incorrectas under the MTPA Act of 1971 she has the right to abort hher pregnancy before 20 weeks, (d) is partially correct as she does have the legal right to terminate her pregnancy before she completes 20 weeks. Hence (b) fs correct according to the passage "However, under the Medical Termination of Pregnancy Act. 1971, phiysical incapacity was admitted as grounds for termination only til the twentieth week of gestation.” Option (a), (2), (¢) areall incorrect as according to the MIPA Act of 1971 a woman can terminate her pregnancy up to 20(twentieth) weeks. Thus, option (b) Is correct artis not Bretney took all the precautions 10 1 nea Page 17 of 264 prohibited by the apyright laws of India Ry e Join "Clat aspirants group" on telegram for clat stuff.Join "Clat aspirants group" on telegram for clat stuff. @PRANKERS" 20. 32, 3 34, 36. ect as completing the term of harm to Rena, (c) 1s Incorrect Prete to the fact that th child would be born with phystaldsabltles and asa mother she would not be Fhle to cope with such mental damage (d) Is Incorrect Je accordlngto Section 5 of MTPA Act In certain cases evant over 20 wecks can betorminated Tne (2) Beorrect the continuation to the term of the pregnancy, wil lead to immense mental and physical farmto ena andunder Section Sof MTPA Actof 1971 sho [sallowed to terminate such pregnancy. (2) Option (a) Incorrect as roadblocks due to peaceful protests cannot impose sectlon 144, (b) is Incorréct as It Is thelr fundamental right to gather peacefully to protest, (€)Is partially correct as they were peacefully Protesting and exercising thelr fundamental right Inder Art, 19. But option (4) explains better hence option (d) Is correct as per the passage above which States "The right to freedom of speechand expression Under Article 19(1)(a) and.the right to assemble peacefully without arms under Article 19(1)(b) are {wo Inallenabl rights and form the cornerstone of the Constitution of India”. (2) Option (b) Is partially correctas they were peacefully protesting in'a way which did not cause any public Uisorder but when compared option (a) 1s more appropriate and In line withthe passage. Option, (c) is incorrectas it cannot be determined just based on the words ofthe Magistrate, option () Is incorrectas itis thelr flndamnental ght to hold peaceful protests. Hence option (a) Is the only correct option according to the passage which states “These rights, when, read coherently, “enable every- eltlzen =t0~ assemble peacefully and protest against the actions or Inactlons ofthe state” (2) Option bs incorrectas rots are against public order and dlsturb the peace ofthe country, c)Isincorrect as this Is nota expression of ther right but aria, option (@) Is Incorrect as it was not Imposed to stop the polltcal party butto put an end to this dangerous rot. Hence (a) Is the only correct option as they were not ‘expressing thelr fundamental right but had caused ‘disturbance and destroyed public order. (©) Option (a) Is incorrectas section 144 was Imposed not to stop the outrageous behaviour but to stop the riot which cased disturbance in the county (b) Is incorrect 4s the right to freedom of speech and assembly has been limited when It turns to rots which wrealchavoe In the state, (d) Is incorrect as they have right to Protest peacefully not stage lots that put other ‘itlzons andthe orderofthecountry in Jeopardy. Hence option (@) Is correct as according to the passage “Section 144 Is oftenenforced to prevent disorder dbstructions and annoyances’ with 6 Won at ‘maintaining public peace and tranquillity.” : (4) Option (a) 1s Incorrect as protest staged against the government does not attract the section 144, (b partially correct as section 144 1d Imy ae that di posed for rots that dsturb publ order and caus disturbance (6 Is Incorrect a peaceful protest area fundamental right (a) Option (b) 18 Incorr pregnancy would leave 36, 37. 38, 39, 40. @) @) @ @) © & LEGALEDGE ‘ATOP RANKERS Initiative ce (d) Is correctas according to the passage “Many lots and affrays detrimental to the state and public brder security. Such situations have been tackled time nd again by invoking Section 144 CrPC. {b) is ncorrectas the amount of losses being a certain (pesnold Is not an element to identify restitutionary damages, (e) is incorrect as the losses can be easily fdentifed in this situation, (4) is incorrect as compensatory damages are only awarded for the fosses which are unidentifiable. Hence (a) Is the correct option as the loss of Rs 3 Crore have been {identified due to the breach of contract Option (b) Is incorrect as the damage was done not only to the store but also the goods which makes the ‘calculation of the total loss impossible, (c is incorrect as only the damages due to the goods being sold at a Joss can be calculated and not forthe store that has been burned out, (d) is incorrect in this case damages need to be avoided for both for the goods being soldat 4 loss and the store being burned down. Hence (a) is the only correct option asa total loss due to the sale of goods and the store being burned down cannot be calculated ina normal way option (b) is incorrect asthe fire damage everything to the point where it Is beyond recognizable. The total amount of loss cannot be identified, (c) is incorrect as ‘even though the price ofthe kitchen is not known, the ‘damage done tothe kitchen by the irecannotbebased ‘on the price and cannot be identified in a normal way, (a) is incorrect asthe loss cannot be subtracted from the leaseamount as damage was not done to the whole apartment Hence (a) isthe onlf correct option as only compensatory Waniages can be awarded in the situation due to the losses being unidentifiable in a normal way due tothe fire. Option (a)isincorrectas price ofa damaged microwave can be calculated in a normal way and hence compensatory damages will not be awarded, (c) is Incorrectas it cannot be determined from the Facts laid above and Is also not a basis for awarding compensatory damages, (d) is incorrect as restitutionery damages will be awarded not because the microwave is included inthe lease but because the ‘damages can be Kdentified, Hence (b) is the only correct option as the damages to be awarded forthe price ofthe microwave can be identified. Option (a) is incorrect as according to the passage the {dentification of oss is the basis of difference between the two damagesand not the determination of profit and loss, (b) is Incorrect as breach of contract gives rise to damages and hence it cannot be a polnt of difference, (a) Is incorrect as it has been clearly laid down that the difference between the two is based on ‘he dentication of losses thatthe party has suffered. lence according to the passage which states “Justice N. Anand Venkatesh has made it clear that compensatory damages for breach of contract is awarded where the damages were undentifiable in the normal way." (c) is the correct option. Join "Clat aspirants group" on telegram for clat stuff. Replication ot other snanthon ©LegalEdge Tuto ed us ofthis materials prohibited by the aapyrigh laws of India Is Page 18 of 264