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LLB 1st Semester Important Questions and Answers
LLB 1st Semester Important Questions and Answers
LLB 1st Semester Important Questions and Answers
Contract Law
Short notes:
1) Definition of contract and name any 3 essential elements of a contract?
2) What is implied contract?
Case law is Carlyl Vs Carbolic Smoke ball co.
3) Definition of acceptance and its importance
4) Definition of offer and any 3 types of offers?
5) A contract without consideration is valid? Explain
6) Contract with a minor? Explain
7) Revocation offer? Explain
8) Doctrine of privity of contract? Explain
Fill in the Blanks:
I. An agreement enforceable at law is Contract
II. Consideration must be moved at the desire of the Promisor
III. A proposal when accepted becomes a Promise
IV. An agreement which is a nullity from its inception is called as Void ab intio
V. An offer which remains open for acceptance over a period of time is called Standing Offer.
VI. In communication of acceptance is not necessary in General Offer.
VII. A contract without consideration is Void
VIII. In contracts consideration always need not be adequate.
MCQs
1. A proposal can be revoked by
a. Notice
b. Lapse of time
c. Death of offeror
d. All the above
2. The communication of acceptance is complete when it is put in
a. Permission
b. Transmission
c. Communication
d. None of the above
3. Communication of acceptance has to be done in the -----------mode only
a. Prescribed mode
b. As per choice of offeror
c. Both (a) & (b)
d. None of the above
4. All contracts are agreements but all agreements are --------
a. Valid contract
b. Invalid contract
c. Voidable contract
d. Not contracts
5. Any offer to the original offer is known as ------------
a. Standing offer
b. Cross offer
c. Counter offer.
d. None of the above
6. In a contract consideration can be present in the form of past, present and ---------
a. Future
b. Standing
c. Continuing
d. All the above
7. An invitation to offer is not------
a. A valid offer
b. Special offer
c. Both (a) & (b)
d. None of the above
8. A contract which can be considered as valid at the option of the affected parties is called as
----------
a. Valid contract
b. Invalid contract
c. Voidable contract
d. Noe of the above
1) Preamble:
Purpose of the Preamble:- The preamble to the constitution is a key to open the minds of
the makers and shows the general purpose for which they made the several provisions in
the constitution.
Preamble serves the following purposes:-
a) It discloses the source of the constitution.
b) It lays down the date of the commencement of the constitution.
c) It set out the rights and freedoms which the people of India wished to secure for
themselves.
d) It declares the nature of the government.
The following are other features.
Preamble: Blue print of Indian Constitution
Derived from word “Preambulus “means Introduction
Adopted from US constitution.
Drafted by Nehru “objective resolution “ 13th dec1946
Converted as a preamble on 22nd 1947
Only one time amended
42nd amendment added three words Socialist, secular, and Integrity
Contents speaks about
Introductory statement
Purpose
Philosophy
Uses
Ideas and aspirations
Principles
Objective of the Indian Constitution
Importance of the Preamble to the Constitution of India:
It serves as an introduction to the statute and assists in understanding the legislative intent
and policy.
It outlines the main objectives that the government intends to achieve.
It contains ideals that the Constitution aims to achieve.
However, It does not grant any power; rather, it provides direction and purpose to the
Constitution and outlines the overall objectives of the Constitution.
It also establishes the broad objectives and socioeconomic goals to be attained through
constitutional means.
The preamble of the Indian Constitution consists of the ideals, objectives, and also basic
principles of the Constitution. The objectives which flow from the Preamble direct the salient
features of the Constitution. It asserts that India is a Sovereign Socialist Secular Democratic
Republic and a welfare state committed to securing justice, liberty, and equality for people
and also the promotion of fraternity, dignity, and unity of individuals and the country.
2) Citizenship by Domicile:
According to Article 5 a person is entitled to citizenship by domicile if he fulfils the following two
conditions.
First he must at the commencement of the Constitution, have his domicile in the territory of India.
Secondly, such person must fulfil any one of the three conditions laid down in the article namely, (1)
he was born India (2) either of his parents was born in India (3) he must have been ordinarily
resident in the territory of India for not less than 5 years immediately before the commencement of
the Constitution.
Domicile in India is considered as essential requirement for acquiring the status of Indian Citizenship.
3) Equality before Law and Equal Protection of Laws.
Article 14 to Article 18 of the Constitution guarantee the right to equality to every citizen of India.
Article 14 embodies the general principles of equality before law and prohibits unreasonable
discrimination between persons. Article 14 declares that “the State shall not deny to any person
equality before the law or the equal protection of the laws within the territory of India”.
The expression “Equality before law” and “equal protection of the laws” used in the Universal
Declaration of Human rights.
Even though both the expressions appears identical but not so. The concept “Equality before law” is
a negative concept. Implying the absence of any special privilege in favour of individuals and equal
subject of all classes to the ordinary law.
“equal protection of the laws” is a more positive concept implying equality of treatment in equal
circumstances.
4) Salient features of Indian Constitution:
The Constitution of India is one of the most extensive and significant constitutions in the world and
represents the nation’s commitment to equality, liberty, justice, and fraternity. The Constitution of
India came into effect on 26 January 1950 and B.R. Ambedkar was the chairman of the drafting
committee. The Constitution of India lays down fundamental codes, structure, procedures, powers as
well as duties of government institutions. In this article, let us look into the features of the Indian
constitution in detail.
Following is the complete list of the Salient features of Constitution of India:
Lengthiest Written Constitution
Drawn from Various Sources
Blend of Rigidity and Flexibility
Federal System with Unitary Bias
Parliamentary Form of Government
Synthesis of Parliamentary Sovereignty and Judicial Supremacy
Rule of Law
Integrated and Independent Judiciary
Fundamental Rights
Directive Principles of State Policy
Fundamental Duties
Indian Secularism
Universal Adult Franchise
Single Citizenship
Independent Bodies
Emergency Provisions
Three-tier Government
Co-operative Societies
5) Dyarchy and Bicameralism
Dyarchy in the provinces- Dyarchy has been derived from the Greek word ”di-arche”,
means double rule. The object of the Dyarchy is to train the natives in the act of self-
government.
As per Government of India Act 1919, The Central Legislature was to have a bicameral
legislature and considered to be a more representative body.
The Council of State (Upper House) Legislative Assembly (Lower House)
This is composed of 60 members, of Composed of 144 members, of whom 104
whom 34 were elected. members were elected and the rest nominated.
Among the nominated members 26 were
officials.
The powers of both the houses is equal. The power to Veto a bill was exclusively given to
Lower House. Central Legislature retained the power to legislate for the whole of India
Article 5 of Indian Constitution deals with the citizenship
Indian Constitution at the time of adoption had;
o 395 Articles
o 22 parts
o 8 schedules
Notes: Originally, the constitution adopted on November 26, 1949, contained a
Preamble, 395 articles in 22 parts and eight schedules. Currently, the number of articles has
since increased to 448 due to 104 amendments since its enactment in 1950.
In 42ns amendment “three new words- Socialistic, Secular and Integrity- to the
preamble” added in preamble.
Rule of Law concept propagated by “ Sir Edward Coke”, The Rule of Law doctrine was
later developed by A.V. Dicey.
Provincial autonomy reform in 1919 aim to provide greater autonomy and self-
government in British India.
Under Article 12 State includes………………
Government & Parliament
Government & State Legislature
Local Authorities
Other authorities
Under Article 13 of the Indian Constitution deals with judicial review of laws inconsistent
with Fundamental Rights.
MCQs
i. Article 13(4) incorporated in which amendment?
Ans: Article 13(4) was incorporated into the Indian Constitution by the 24th
Constitutional Amendment Act of 1971. The amendment was enacted by the Indira
Gandhi government to nullify a Supreme Court ruling that prevented Parliament from
limiting Fundamental Rights.
ii. Article 14 clause (1) deals with?
Ans: Article 14 of the Constitution of India states that the state cannot deny any person
equality before the law or equal protection of the laws within the territory of India.
iii. Writ Jurisdiction under Indian Constitution?
Ans: Article 32 and Article 226
iv. In Keshavanand Bharati case what concept was observed by Supreme Court?
Ans: In the 1973 case Kesavananda Bharati vs State of Kerala, the Supreme Court of India
observed the basic structure doctrine. The doctrine places limits on the power of
Parliament to amend the Constitution.