LLB 1st Semester Important Questions and Answers

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1.

Source of Hindu Law


2. Schools of Hindu Law
3. Concept of Coparcenary and joint family properties
4. Institution of Karta, Powers and Functions of Karta
5. Pious obligations
6. Conditions of Hindu Marriage.
(Section 5 ; Section 7 Ceremonies; Section 8 Registration etc.)
7. Restitution of Conjugal Rights? Section 9
8. Nullity of Marriage?
9. Judicial Separation? Section 10
10. Divorce? Section 13
Hint: Grounds for Divorce
 Adultery
 Cruelty
 Desertion
 Conversion
 Unsound Mind
 Leprosy
 Venereal Diseases
 Renunciation
 Presumption of death
11. Maintenance Pendent lite?
TORTS,
1. Tort has been derived from Latin word “Tortum”, means------------------?
2. Examples of Torts are---------” Tort of defamation”, “tort of trespass”, “tort of deceit”, ‘torty of
property”.
3. Case law: Case law: Donoghue Vs Stevenson.
A went to a restaurant with a woman friend and bought one bottle of ginger beer
manufactured by the defendants. The woman consumed part of the contents but, when the
remainder was poured into the glass , she observed the decomposed body of a snail in it.
The ginger-beer bottle being opaque and sealed the presence of snail could not have been
observed earlier.. The woman brought an action against the manufacturer for negligence
and alleged that by taking a part of the contaminated drink she had contacted serious illness.
The House of Lords held that, the manufacturer owes her a duty to take care that the bottle
did not contain noxious matter injurious to health.
4. Case law: Winterbottom Vs Wright.
The above case was responsible for the introduction of ‘privity of contract. Fallacy” into law.
The action in tort is independent of a contract and the rule that the privity of the contract is
essential for an action in tort is highly irrelevant and unjust. The fallacy had its end in 1932,
in Donoghue Vs Stevenson. The consumer could bring an action of tort against a
manufacturer even though there was no contract between the manufacturer and the
consumer. On the other hand, there is equally well established doctrine that negligence
apart from contract gives a right of action to the party injured by that negligence.
5. Damnum Sine injuria: Gloucester Grammar School case
Since what is actionable is violation of legal right, it is therefore follows that when
there is no violation of legal right, no action can lie in a court of law even though
the defendant’s act has caused some loss or harm or damage to the Plaintiff. This is
expressed by the maxim “Damnum Sine Injuria” means a damage without the
violation of legal rights is not actionable in a court of law .
Damnum means substantial harm, loss or damage in respect of money, comfort,
health or the like.

Gloucester Grammar School case


Thus, the defendant, a school headmaster set up a rival school to that of the
plaintiffs’. Because of the competition, the plaintiff has to reduce the fee from 40
pence to 12 pence per scholar per quarter. It was held that plaintiff has no remedy
for the loss thus suffered by him.
6. Injuria sine Damno : Case Law: Ashby Vs white
It is a leading case explaining the maximum Injuria sine Damno > in this case, the
Plaintiff was a qualified voter at a Parliamentary election, but the defendant, a
returning officer, wrongfully refused to take Plaintiff’s vote. No loss was suffered by
the plaintiff with such refusal because the candidate for whom he wanted to vote
won the election. It was held that the defendant was held liable.
7. Malice in fact means? Explain
8. Volenti non fit injuria. Case law: Hall Vs Brooklands Auto racing club
The plaintiff was a spectator at a motor car race being held at Brooklands on a track
owned by the defendant company. During the race there was a collision between
two cars, one of which was thrown among the spectators, thereby injuring the
plaintiff. It was held that the plaintiff impliedly took the risk of such injury, the
danger being inherent in the sport which any spectator could foresee, the defendant
was not liable.
Act of GOD: Case Law: Ramalinga Nadar Vs Narayana Reddiar
It was held that, the criminal activities of the unruly mob which robbed the Goods
transported in the defendant’s lorry cannot be considered to be an Act of GOD.
MCQs:
1. Which type of tots involves intentional interference with a person’s right to possess or
enjoy the property?
a. Trespass
b. Nuisance
c. Conversion
d. Defamation
2. What is the legal term for false statement made with an intent to deceit?
a. Slander
b. Libe;
c. Fraud
d. Defamation
3. Which is the following is not an elementary of battery?
a. Intent
b. Physical contact
c. Injury
d. Lack of consent
4. Which of the following best describes a tort?
a. Criminal act
b. Breach of contract
c. A civil wrong that causes harm/loss
d. Breach of trust
5. What is the primary purpose of tort law?
a. To punish wrong doers
b. To provide compensation to victims
c. To regulate business practice
d. To enforce contracts
6. Tort is derived from the Latin word Tortum
7. Gloucester Grammar is an example of the principle Damnum Sine injuria:
8. Ashby Vs White is an example of explaining the maxim injuria sine damno.

9. “Malice in fact” means an evil motive.


10. The Doctrine of Common employment states that the master shall not be liable for the
negligence act done by one servant affecting another in the course of their employment.
11. Strict liability torts holds individuals responsible for harm regardless of their negligence
or intent.
12. Negligence occurs when a person breaches their duty to care causing harm to another.
13. Remoteness of damage : The legal maxim for remoteness of damage is "In jure non-
remota causa sed proxima spectator"
14. In Koursk case: Independent tortfeasors
Due to independent negligence of the two ships they collided with another and as a
consequence of the sameone of them ran into and sank third vessel. It was held that
they were not joint tortfeasors but only independent tortfeasors. The liability of the
independent tortfeasors was not joint but only ‘seceral’and therefore as many causes of
action as the number of tortfeasors.. it was further held that since they were severally
liable an action against one of them was no bar to an action against the other.
Clan Chisholm and Koursk ships collided and hit the third ship “Itria”. Owners of Itria
brough a suit against the above two ships.

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.

v. In India ---------Secularism exists?


Ans: Positive
India has been a secular state since its independence in 1947. The Constitution of
India declares India to be a secular state with no state religion. The term "secular"
was not incorporated in the Indian Constitution upon its inception but was included
in 1976 through the 42nd Amendment.
vi. Father of Indian Constitution?
Ans: Dr. Bhimrao Ramji Ambedkar is known as the father of the Indian Constitution.
vii. The Constituent Assembly was chaired by?
Ans: Dr. Rajendra Prasad was the first elected chairman of the Constituent Assembly
of India. The first acting chairman was Dr. Sachidananda Sinha.
viii. Article 14 of the Indian Constitution guarantees?.
Ans: Article 14 of the Indian Constitution guarantees the right to equality before the
law and equal protection of the law to all citizens of India. This applies regardless of
caste, creed, religion, gender, or any other personal characteristic.
ix. The Government of India Act 1935 provides for establishment of ------?
Ans Bicameralism at the Centre
x. The Phase “unit in diversity” in the preamble refers to the Constitution principle of
-------?
Ans

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