LST Power Workshop

Legal Reasoning: 3
 For questions 66 to 103
You have been given some passages followed by questions based on each passage. You are required
to choose the most appropriate option which follows from the passage. Only the information given in
the passage should be used for choosing the answer and no external knowledge of law howsoever
prominent is to be applied.

PASSAGE – 1
Wrongful death is a death caused by the negligent, wilful, or
wrongful act, neglect, omission, or default of another. The
wrongful death law applies in tort cases where the defendant's
conduct has resulted in the death of the victim leaving behind
family members and dependents who will suffer as a result of the
victim's death. The main intention behind this law is to
compensate the family members and the dependents. The
wrongdoers who injure others cannot escape liability if the injury
caused was severe enough to kill the victim.
The burden of proof lies with the victim's family in order to recover
damages. Not just anyone can file a suit for wrongful death. Only
the immediate family members (spouses, children, etc.), distant
family members (siblings and grandparents), life partners, parents
of a deceased foetus and anyone who was financially dependent
on the victim can file a suit for wrongful death.
(Contd.)
Both civil and criminal proceedings can be brought against a
defendant charged with wrongful death. The difference is that
in criminal case, the suit will be filed by a Public Prosecutor on
behalf of the State. While in case of a civil suit, it is filed by the
victim's family in order to recover money damages for their own
benefit. The defendant in order to defend himself/herself has
the right to investigate the relation between the plaintiff and the
victim. Damages in civil cases are based on the victim's
contribution to the family. The defendant can reduce damages
by proving that the victim did not have any close ties with his or
her family and that they were not financially dependent on the
victim.
1. A and B entered into an altercation where A pushed B
forcefully on the ground. B retaliated by slapping A which
incidentally damaged A's nerves near the neck and he died
instantly. Decide the liability of B.
(a) B is liable as his act caused A's death.
(b) B is liable as the force used by him was enough to kill A
(c) B is not liable.
(d) Both (a) and (b).
2. A was apprehended for a crime by the police and was kept in
the prison cell. A suffered from low blood pressure and
required something to eat at regular interval. B, the in charge
of the police station was aware of this fact and forgot to give
lunch to A due to which he collapsed. Decide the liability of B.
(a) B is liable as his negligent act led to A's death.
(b) B is liable as his wrongful omission led to A's death.
(c) B is liable as his willful conduct led to A's death.
(d) B is not liable as A did not intended A's death.
3. A was driving his car at the speed of 100 km/hr on a busy
road and caused an accident which took life of a pedestrian.
B. The family members of B want to file a suit against A for
causing wrongful death of B. Decide the legal remedies of B's
family members.
(a) They can file a civil suit and can claim compensation from A.
(b) They can file a criminal suit against A for punitive measures.
(c) They cannot file a suit as A is not liable.
(d) Both (a) and (b).
4. A was a philanthropist who used to donate huge sums of
money to an orphanage X, which generated a major chunk of
its collection from A's donation. B who was A's business rival
caused wrongful death of A. Can the orphanage X sue B for
damages under a civil suit?
(a) X can demand the damages as they were finally
dependent on A.
(b) X can demand the damages as B caused A's wrongful
death.
(c) X cannot demand damages from B.
(d) Both (a) and (b).
5. During a football match A missed a penalty shot and the ball
landed in the audience. The ball hit B, a fan on his head who
suffered a brain injury and died on the spot. Decide the
liability of A.
(a) A is liable as he was negligent to kick the ball in the
audience.
(b) A is not liable as his act was neither negligent or
wrongful.
(c) A is liable as his wrongful act led to B's death.
(d) Both (a) and (c).
 PASSAGE – 2
COVID - 19 has increased medical interaction across the country. If the case is under criminal negligence, i.e. the IPC, the
In such circumstances, the possibility of increase in petitions on doctors usually take a defence under sec. 80 and 88 of the
medical negligence, is not unforeseeable. In both civil and IPC, contending that in surgical operations there is always a
criminal law, there are certain standards however, which, if met scope for an accident or misfortune, and the patient willingly
by the medical professional, protect him from any liability or runs the risk. Sec. 80 applies only when proper care and
punishment. caution are taken but by accident or misfortune and without
criminal intention or knowledge, a lawful act is done in a lawful
For any claim of negligence to be made out, there have to be
manner by lawful means. Sec. 88 applies when the procedure
three essentials, i.e. presence of a duty of care towards the
is risky and the harm caused is a result of the risk. In surgeries
plaintiff, breach of that duty by the defendant and damage as a
where there is unidentified scope for extensive risk, this
result of such breach. Bolam's test determines the standard of
defence cannot be taken. It is only applicable when the act is
care to be exercised by a medical practitioner i.e. standard
done in good faith, the patient has given his consent knowing
practiced by a reasonably competent doctor exercising due care
the harm or risk of the harm and it is done for the benefit of the
as per his qualifications. A doctor cannot be held liable for the
patient.
lack of care, error of judgment or accident until he follows the
practice acceptable to the medical profession of that day. He
cannot be held liable if he had a better alternative or if a more
skilled doctor would have chosen another path. The standard is
that of an ordinary person, possessing ordinary skill. This
standard of care is as per the knowledge at the time of the
incident and not when the trial is initiated. Where the doctor has
some special skill or competence, negligence is not measured as
per the man on the top of Clapham Omnibus, but as per the
standard of an ordinarily skilled professional.
(Contd.)
6. A and B are two surgeons working in the same hospital.
While A is a cardiac surgeon, B is specialized in
neurosurgery. C, a patient of A's was scheduled to have a
heart bypass surgery on a certain day. However, A is unable
to make time on that day and askes B to carry out the
surgery as B is equipped with all the basic skills in surgery. B
performs the surgery successfully. However, due to some
complications as a result of the old age of the patient, the C's
condition worsens and he has another heart attack. C sues B
for performing the surgery negligently and causing a heart
attack. Can B be held liable for negligence?
(a) Yes, as B was not a cardiac surgeon and shouldn't have
performed a heart bypass.
(b) Yes, as he did not follow the practice acceptable to the
medical profession by performing the surgery without
requisite qualification.
(c) No, as the damage to C was caused by the patient's age
and not by B's negligence.
(d) No, as B has to be held up to ordinary skill and not that of
a highly skilled professional.
7. A was an extremely skilled neurosurgeon. He had an
impeccable record of performing endoscopic surgeries. B
was a patient who had a tumour in his brain. The size of the
tumour was such that such as huge tumour had never before
been removed or treated by an endoscopic surgery. C,
another neurosurgeon suggested to B, on second opinion,
that the tumour be removed by an open surgery. Having
confidence in his skill, A opted for endoscopic surgery and
the patient incurred severe brain damage. Can A be held
liable for negligence?
(a) No, as A cannot be held to higher standard just because
of his special competence.
(b) No, as he cannot be held liable just because another
doctor suggested otherwise or he had a better
alternative.
(c) Yes, as there was a lack of care on A's part.
(d) Yes, as he did not follow the practice acceptable in his
profession.
8. A was to perform an operation on a patient who had suffered 9. A was performing a heart surgery on B. B had been
trauma in an accident. Before the operation, one of A's junior previously informed of all the risks and he was told that there
doctors missed a question which was to be asked while were chances that the surgery could prove to be fatal. The
taking the patient's history. It was ordinary practice for the surgery was successful but the patient lost a lot of blood and
supervising doctor to double-check the history of the patients his brain become non-functional. When B was sustained by
with regard to his allergies and special health conditions. life supporting equipment, A found out that a heart was
However, doing so would have meant delaying the surgery immediately needed for a trauma patient. Considering the
and risking patient's life, so A omitted double checking the emergency of the situation, he immediately removed B from
history of the patient. On the basis of available information, A life support and extracted the heart for a transplant. B's
concluded that a certain type of anesthesia was safe for the relatives later sued A for removing negligently causing B's
patient. During the operation, A showed exemplary skill and death. A took the defence under § 88 of the IPC. Will A be
performed a successful surgery but after the surgery, the successful?
patient went into a coma due to prolonged anesthesia. It was
(a) Yes, as he did the act in good faith.
later found that it was a result of the patient's past ailments
and medicines taken for them which had led to him reacting (b) Yes, as B was aware of the risks of the surgery.
to anesthesia in such a way. The relatives of the patient sue
(c) No, as unidentified risks were involved in the procedure.
A for negligently performing the operation. Can A be held
guilty? (d) No, as the act was not done for the benefit of the patient.
(a) Yes, as he did not follow the ordinary practice of the
profession.
(b) No as it was A's junior who was negligent in taking the
patient's history.
(c) No as the patient did not suffer any damage during A's
operation.
(d) No as the information of patient's condition was not
available at the time of the incident.
10. A was a patient of B's who needed a heart transplant surgery. However, due to a pre-existing condition and his old age, A could not get the
approval of the medical board for getting a viable heart. As B needed the surgery urgently, B arranged for a heart through one of his
contacts by paying an exorbitant price. As this was not approved by the medical board, the surgery had to be carried out in B's nursing
home rather than in a hospital. During the surgery, an emergency came up for which, equipment was not available in B's nursing home.
Due to absence of the same, A died. A's relatives sued B for negligence. B takes the defence of § 80 of the IPC. Is he liable?
(a) No, as there he has taken proper care and caution while performing the surgery.
(b) No, as B's death was a mere accident.
(c) No, as there was no criminal intention or knowledge on B's part.
(d) Yes, as B was not performing a lawful act by lawful means.
 PASSAGE – 3
Under the Copyright Act, Copyright means an exclusive right in
case of the following acts: in the case of a literary, dramatic or
musical work, to do and authorise the doing of any of the
following acts, namely: -
• to reproduce the work in any material form;
• to publish the work;
• to perform the work in public;
• to produce, reproduce, perform or publish any translation of
the work;
• to communicate the work by radio-diffusion or to
communicate to the public by a loud-speaker or any other
similar instrument the radio-diffusion of the work;
• to make any adaptation of the work;
In the case of an artistic work, to do or authorise the doing of any
of the following acts, namely:-
• to reproduce the work in any material form;
• to publish the work;
• to include the work in any cinematograph film;
• to make any adaptation of the work;
(Contd.)
Subject to certain conditions, a fair use for research, study,
criticism, review and news reporting, as well as use of works in
library and schools and in the legislatures, is permitted without
specific permission of the copyright owners.
A copyright exists only where the work is an original work.
Hence, in order to claim copyright, the creator must show that
the work is an original creation. In order to protect one's
copyright, it is imperative that such a work is registered with the
Registrar of Copyright in order to assist the owner of the
Copyright to prove his claim to the said work. However, In
India, the registration of copyright is not mandatory as the
registration is treated as mere recordal of a fact. The Register
of Copyrights which is in the Copyright office is deemed to be
prima facie evidence of the particulars entered therein and is
admissible as evidence in all courts without further prove or
production of the original. When a copyright of the creator is
infringed by a third-party registration or pending application for
registration will assist the owner in suing the third party for
infringement.
11. A ran a photocopy shop in a university campus. BMZ. Co., a
publisher had published a number of books on history which
were prescribed as coursework in the university. A used to
receive scanned photographs of the books published by
BMZ.Co. from the professors and used to print and distribute
the notes to the students, free of cost. Neither the shop
owner nor the professors had taken any permission from the
publisher of the work who held the copyright. Can the
publisher sue the shop owner for infringement of copyright?
(a) Yes, as he reproduced the literary work without
authorization.
(b) Yes, as the shop owner reproduced the literary work in a
material form.
(c) No, as the shop owner merely printed the photos and did
not reproduce any literary work.
(d) No, as the literary work was being used for study by the
shop owner.
12. In the above case, the professor who took the pictures from
the books published by the BMZ. Co., decided to compile the
same, print them in bulk and sell them to his students. Can
the company sue the professor for infringement of copyright
in such a case?
(a) No, as he used the work for study purposes.
(b) Yes, as the company has the exclusive right to reproduce
the work in a material form.
(c) No, as he was not publishing the work.
(d) No, as he was reproducing the work in a school.
13. A was a secretary of a highly successful businessman. He
used to travel with the businessman and listen to all his
speeches at various events. He also used to record all the
speeches and put them on cassettes. When A realised that
the businessman was quite popular among the youth and
people were eager to listen to his advice, he started printing
out transcripts of the speeches and selling the them. B, a
college student, getting inspired by the speeches, started
taking notes from the transcripts and published a book
containing all his notes. A had not registered a copyright yet.
A sued B for infringement of copyright. Can A succeed?
(a) Yes, as registration of copyright is not mandatory in
India.
(b) No, as the transcripts didn't contain A's original work.
(c) No, as speeches can't be subject to copyright.
(d) No, as B used the speeches for criticism and does not
need specific permission.
14. A had won a major presidential election with a great margin.
In the celebratory rally, he played a song by a famous band
called "King". The campaign had taken a license to play the
song on loud speaker from the records company which held
the copyright of the musical work. The band now wishes to
sue the campaign for using their song in the rally. Will the
band succeed in its suit?
(a) Yes, as the campaign did not take permission of the
band.
(b) No, as the campaign had the license to play the song.
(c) Yes, as the copyright holder has the exclusive right to
play the song in public.
(d) No, as the song was not the original work of the records
company.
15. In the case given above, where the campaign had taken a license to perform the song in public, they play the song on stage. The entire
rally was being recorded on video cameras. Later, a company decided to make a biopic on the life of the president. To show his victory,
they included a clip from his presidential rally. This clip included the song playing distinctly in the background. The records company which
held the copyright wishes to sue the company which made the movie. Will they succeed in the suit?
(a) No, as the license included authorization to play the song in public.
(b) Yes, as including the song in a cinematograph film is the exclusive right of the copyright holder.
(c) Yes, as the song is playing distinctly, it amounts to reproduction of the song.
(d) Yes, as only the campaign had the permission to play the song and not the company.
 PASSAGE – 4
The aim of the Rule of Natural Justice is to secure justice. The Non-application of mind by the inquiry officer or authority, non-
principles of natural justice are the rules laid down by the courts recording of reasons in support of the conclusion arrived at by
for minimum protection of the rights of the individual against the them are also grounds on which the writ courts are justified in
arbitrary procedure that may be adopted by a judicial or quasi- interfering with the orders of punishment.
judicial authority.
The Supreme Court has said in Allahabad Bank vs. Krishna
Disciplinary inquiry is clearly based on the principles of Natural Narayan Tewari that a High Court can interfere with
Justice and fair play. However, the Apex Court said that in a case disciplinary inquiry or orders passed by the competent authority
where the disciplinary authority arrives at a finding that is if the investigation itself is corrupted on account of violation of
unsupported by evidence or records a finding which no principles of natural justice.
reasonable person could have arrived at, then the writ court is
This decision of the Supreme Court shall act as a boon for the
justified in examining the matter.
society at large.
Where the disciplinary authority records a finding that is
unsupported by evidence or a finding which no reasonable
person could have arrived at, the writ court would be justified, if
not duty bound, to examine the matter and grant relief in
appropriate cases.
(Contd.)
16. XYZ is the association of lawyers in a particular court, the
function of the association mainly relates to providing
facilities to lawyers in the court and availing them of various
opportunities in the legal field. A, a member of the
association was alleged to have committed fraud on his
clients. To save the reputation of the association, the
members passed a resolution and removed A from the
association. There was no panel or hearing or evidence
taken before this move. A challenge this move on the basis
that it violated the principles of natural justice. Will he
succeed in his challenge?
(a) No, as his removal was not a disciplinary action.
(b) No, as the association was not a judicial or quasi judicia
body.
(c) Yes, as he was not hear on the matter, which is the firsts
principle of natural justice.
(d) Both (a) and (b).
17. A, a police constable was under an inter-departmental
disciplinary committee which was investigating allegations of
a fake encounter by A's squad. All the nine police officers
stated on record that they had seen the deceased raise a gun
at A, upon which, A had shot the victim. Although there was
no weapon found on the scene, all nine police witnesses had
given exact descriptions of the alleged weapon in the victim's
hands. Relying on that description, the disciplinary committee
stated in their report that the victim had in fact threatened to
kill A and the encounter was justified. On the basis of the
findings of the disciplinary committee, A is exonerated. Has
there been a violation of principles of natural justice in this
case?
(a) No, as any reasonable person would have reached to the
same conclusion upon the coherent statements of the
nine police.
(b) No, as the committee applied its mind to the matter when
they inferred the actions of the victim.
(c) Yes, as the committee recorded finding which were not
supported by evidence.
(d) No, as the committee recorded reasons for its findings.
18. A was being investigated by a departmental disciplinary
committee for allegations of theft from the company property.
The committee held lengthy hearings and recorded all the
evidence meticulously. However, when B, the only witness
who was to attest to A's innocence was to be deposed he
failed to turn up to the hearing. A did not attend the hearing
on that day either. Inferring guilt from the absence of both A
and B, the committee noted in its report that A must be guilty
as he did not provide any evidence otherwise. Upon the
basis of that report, A was suspended from his job. He
challenges the workings of the committee. Will he succeed?
(a) No, as the committee recorded reasons for its findings.
(b) Yes, as he was not heard on the matter by the committee.
(c) Yes, as the committee did not record any reasons for its
findings.
(d) No, as it was reasonable to assume guilt on the basis of
A and B's absence.
19. A was a bus driver who was allegedly carrying unauthorized
passengers in his vehicle and pocketing the fare. A
disciplinary committee was appointed to investigate into the
allegations against him. The dates and times of the
committee hearings often collided with the timings of A's duty
as a driver and he was unable to attend the hearing most of
the times. The day that the committee had assigned to record
A's statement on the matter, he had to go on duty and could
not make the statement. The committee, being convinced
that it had sufficient evidence regarding A's wrongdoings,
proceeded with the hearing in the interest of expediency. A
was suspended and fined. A later challenged the decision in
court. Will he succeed?
(a) Yes, as not hearing a party to a dispute violates the
principles of natural justice.
(b) No, as A was given a chance to be heard by the
committee.
(c) No, as there was enough evidence on the record to
justify the committee's decision.
(d) Yes, as the evidence on record was insufficient to justify
A's suspension.
20. A was a manager in a company in a branch where the staff consisted of only four people, including A. B, a subordinate of A's had levelled
certain allegations regarding inappropriate behavior against A. The rule was that a three-member committee be established to decide the
validity of such allegations and take necessary action. As A was himself the accused in this case, he decided not to stay on the committee
and it was formed with the rest of the three employees in the branch. A was held to be innocent by a majority vote and was exonerated. B
challenges the decision on the ground that it violated the principle that no person can be a judge in his own case. Will B succeed?
(a) No, as B himself had been a part of the committee.
(b) Yes, as the majority on the committee were subordinates of A and thus favored him.
(c) Yes, as B was a judge in his own case.
(d) No, as A, the defendant in the case, was not part of the committee.
 PASSAGE – 5
A mortgage is a transfer of one's interest in immovable property The Judgment emanates from the legal principle applicable to
as a security for a loan. A person lent money with or without all kind of mortgages that "Once a mortgage always a
security. The essential feature of a mortgage is that it is a mortgage''. A mortgagor's right to redeem the property, and
conveyance of legal interest in a property, with a provision for the subject of the mortgage, has been recognized as
redemption i.e., upon repayment of loan, the conveyance shall fundamental to the transaction of a mortgage. If the right to
become void. The most important, fundamental and basic right redeem the property is denied to the mortgagor, the same
possessed by the mortgagor is the right to redeem the mortgage. would amount to appropriation of the title by the mortgagee.
This right is not merely a contractual right, it is a legal/statutory This would result in the infringement of the right of the
right given to the mortgagor by Section 60, of TPA. This section mortgagor and would, therefore, tend to frustrate the
allows the mortgagor to redeem his property without any transaction.
impediment.
In view of the above the Court held, that the denial of a right to
The meaning of redemption is that the property mortgaged is only redeem the property, or delaying the exercise of this right to
a security for the payment of the money lent; the mortgagor is redeem for an extensive period, or creating other contractual
entitled to get back his property on payment of the principal and barriers against the exercise of the right to redeem, cannot be
interest after the expiry of the due date for the repayment of the acceptable in equity or in law.
mortgagee money. This right of the mortgagor is called the right
of redemption. It involves two things: - 1. Re-transfer of the
interest which had been originally transferred to the mortgagee,
and 2. Delivery of the possession.
Recently, a two Judge Bench of Supreme Court of India, passed
a Judgment holding that the principle of right to redeem a
mortgage can be extinguished only by a process known to law.
The Court observed that the right of redemption is invaluable in
the sense that it cannot be denied to the mortgagor even though
he may by express contract abandon his right to redeem the
property. It also observed that equity insists upon the principle
that a mortgage is intended merely to afford security to the lender
and thus an agreement which prevents redemption is void. The
right of redemption cannot be taken away.
(Contd.)
21. A mortgaged his house to B for the sum of Rs. 10,000. The 22.
agreement stated that unless A was able to pay back the
loan in a month, the house would become B's property. A is
unable to pay the money in such short time. B goes to the
court and gets an order to foreclose the property so that he
can sell it. B the sells the house to C. A sues B claiming that
the period of time dictated by B was unrealistic and
redeeming the property is his legal right. Will A succeed in
his claim?
(a) No, the period of time was agreed upon by both parties
to the contract.
(b) Yes, as the period of time denied the right to redeem the
property.
(c) No, as the right to redeem was extinguished by an act of
law.
(d) Yes, as a mortgaged property can never be sold by the
mortgagee.
23.
A mortgages his house to B for a sum of Rs. 1 crore whereby
the contract states that B has to pay an installment of five
thousand rupees each month and he can redeem the house
after fifty years. Six years after making of the contract, B
comes across a windfall in his business and wishes to pay off
B's loan once and for all. B accepts the sum but refuses to
return the possession of A's property on the basis of the
contract that states that A cannot redeem the mortgage for
another forty-four years. Can B deny A's demand?
(a) Yes, as the right to redeem the mortgage still exists with
A.
(b) No, delaying the exercise of right to redeem for an
extensive period is unacceptable.
(c) No, as conveyance becomes void whenever the loan is
repaid.
(d) Yes, as the contract requires payment in instalments and
not a lump sum payment.
A mortgages his house to B for a sum of Rs. 50 lakh. In the
mortgage deed, B puts a clause that states that for
redeeming the mortgage, A shall not put any encumbrance
on the property, by either selling it or taking a second
mortgage on the same. Is this a valid clause?
(a) Yes, as A's right to redeem the property is intact.
(b) No, as A cannot abandon his right to redeem the
property.
(c) No, as the clause puts a contractual barrier against
exercise of A's right.
(d) Yes, as A can still redeem his property through other
means and his right is intact.
24. A mortgaged his house to B for a certain sum of money with
a certain interest rate. It was stipulated upon default of the
monthly instalments decided by the parties for six
consecutive months, B can demand the payment of the entire
principle amount in a lump sum payment. A does the default
in his payment for six months and B demands a lump sum
payment. Upon failure to pay it, B takes A's house and sells it
to C. B sues A for stopping the sale of the property to C. Will
a succeed?
(a) Yes, but only upon repayment of the mortgage money to
B.
(b) No, as he defaulted on repaying the loan to B.
(c) Yes, as B cannot appropriate the title of the property.
(d) No, as the right to redeem the property is extinguished
upon A's failure to repay the loan.
25. A mortgages his land to B for a certain sum. For the period
that the land is in B's possession, he cultivates it and grows
some crops. A comes across a windfall and wishes to repay
B in a lump sum amount. B agrees to the same, but before
returning the possession of the land, he cuts the crop and
takes them with him. A demands that as the crops were
cultivated in his land, he should get the product of them.
Does A have a right over the crops?
(a) Yes, as he had a right to redeem the property which
includes returning possession of the land.
(b) Yes, as B cannot appropriate the proceeds of a mortgage
property.
(c) No, as it was B who cultivated the land and not A.
(d) No, as redemption involves retransferring only the
interest that was originally transferred.
 PASSAGE – 6
The Karnataka High Court recently observed that it is unethical
and illegal for lawyers to pass resolutions against representing
accused in court. This was after local bar associations had
objected to four students arrested for sedition being defended in
court. This is not the first time that bar associations have passed
such resolutions, despite a Supreme Court ruling that these are
"against all norms of the Constitution, the statute and professional
ethics".
The Court said, "In our opinion, such resolutions are wholly
illegal, against all traditions of the bar and against professional
ethics. Every person, however depraved or repulsive he may be
regarded by society, has a right to be defended in a court of law
and correspondingly, it is the duty of the lawyer to defend him."
Thus, such resolutions are declared to be null and void.
(Contd.)
The Bar Council of India has Rules on Professional Standards,
part of the Standards of Professional Conduct and Etiquette, to
be followed by lawyers under the Advocates Act. Chapter II of
the Rules framed by the Bar Council of India states: "An
advocate is bound to accept any brief in the Courts or
Tribunals or before any other authorities in or before which he
proposes to practice at a fee consistent with his standing at the
Bar and the nature of the case. Special circumstances may
justify his refusal to accept a particular brief." Last year, The
Uttarakhand High Court clarified that these special
circumstances refer to an individual advocate who may choose
not to appear in a particular case, but who cannot be prohibited
from defending an accused by any threat of removal of his
membership of the bar association. Additionally, an advocate
can, however, refuse to represent any client or withdraw from
such representation if the client insists on using unfair or illegal
means for his defence. An advocate shall excise his own
judgment in such matters.
26. A is a criminal lawyer practicing exclusively in the sessions
court. B, a friend of his, came to A with a request to represent
him in the divorce suit filed by his wife in the family court. B's
wife had filed the suit on the grounds that B had subjected
her to violence which amounted to cruelty, a ground for
divorce. B showed his readiness to pay whatever amount
that A would ask for in terms of his legal fees. A denied
representing B. Has A gone against the decision of the Court
or the Bar Council Rules given in the above passage?
(a) Yes, as he is bound to accept any brief given to him.
(b) Yes, as even repulsive people have a right to be
defended in the Court of law.
(c) No, as it was his individual decision and not of the Bar
Association.
(d) No, as A does not propose to practice in the family court.
28. A was accused of committing murder of a ten-year-old girl.
Bombay Bar Association passed a resolution stating that
nobody would represent A in his trial. Ignoring this, C
represented A in the trial, in which he was convicted.
However, C met with an accident and passed away. B,
another criminal lawyer was approached by A's mother for
representing A at the sentencing hearing. B denied to do so
as he himself had a ten-year-old daughter. In light of the
above passage, is B in violation of his duties as a lawyer?
(a) Yes, as he is bound to accept any brief that is presented
to him.
(b) No, as he refused to represent A due to special reasons.
(c) Yes, as resolutions of bar associations are null and void.
(d) No, as he did not refuse to represent A at a trial stage.

27. In the question above, A agrees to take B's case. However,

later B tells him that he needs to scare his wife into
withdrawing the case and for this, should A to intimidate her.
Additionally, B asks A's help to hide the belt with which he hit
his wife. Upon hearing this, A decides that he cannot
represent B and asks him to find another lawyer. Can A do
so?
(a) Yes, as A's duties as a lawyer do not include the things
asked by B.
(b) No, as A has already taken B's case.
(c) Yes, as hiding the evidence is illegal.
(d) Yes, as he can withdraw from representation if client
insists on illegal means.
29. In XYZ sessions court, there was a skirmish between lawyers 30. In the above case, without the bar association passing the
practicing in the court and the police officers. The police were resolution, A, a criminal lawyer wished to refuse defending a
alleged to have used force against some attorneys in the policeman. He was approached by B, an accused constable
course of trials and were sued for the same. To preserve for defense in the trial against a lawyer. In order to deter him
solidarity among the legal community and teach a lesson to from insisting on representation, A told him a ten-fold of his
the police, the bar association of XYZ court decided that no usual fees. Has A committed breach of any of his obligations
lawyer would defend the police in a case against other as a lawyer?
lawyers involved in this particular instance. ABC, president of
(a) No, as A can refuse to represent B for special reasons.
the XYZ bas association stated to the media that this was not
against the court's prohibition, as it was a singular instance (b) No, as it was A's individual decision and only resolutions
and lawyers themselves were involved. Is the resolution of bar associations are prohibited.
valid?
(c) No, as the nature of the case warrants a ten-fold fee.
(a) Yes, as lawyers cannot represent the defendant in a
case against another lawyer. (d) Yes, as A is bound to accept the brief at a fee consistent
(b) No, as the resolution goes against the right of the with his standing.
accused policemen to have a legal representation.
(c) Yes, as it bars representation only in this instance and
not representation of the policemen as a whole.
(d) Yes, as using force against lawyers is not a heinous or
serious crime.
 PASSAGE – 7
During the lockdown to prevent the spread of the COVID-19
disease, Section 188 of the Indian Penal Code has been widely
invoked against those not following the government direction in
addition to the Disaster Management Act 2005. Especially, for
those violating orders passed under the Epidemic Diseases Act,
Section 188 IPC is the provision under which punishment is
awarded. It states that, "Whoever, knowing that, by an order
promulgated by a public servant lawfully empowered to
promulgate such order, he is directed to abstain from a certain
act, or to take certain order with certain property in his possession
or under his management, disobeys such direction, and if such
disobedience causes or tends to cause danger to human life,
health or safety, or causes or tends to cause a riot or affray, shall
be punished with imprisonment or with fine."
Here, it is not necessary that the offender should intend to
produce harm, or contemplate his disobedience as likely to
produce harm. It is sufficient that he knows of the order which he
disobeys, and that his disobedience produces, or is likely to
produce, harm. However, for the Court to take cognizance of the
offence, there has to be a complaint in writing by the concerned
public officer. Section 51 of the Disaster Management is similar to
Section 188 IPC, dealing with obstruction of performance of duty
by public officer, and refusal to comply with any direction given by
the authorities.
(Contd.)
Under Section 52, Disaster Management Act, whoever makes
a claim that he knows to be false or has a reason to believe it
to be false, for obtaining "any relief, assistance, repair,
reconstruction or other benefits" from any official authority, can
be sentenced to a maximum of two years imprisonment and a
fine will be imposed on the person. The Act protects
government officers and employees from any legal process for
actions they took "in good faith". Under Section 73, No suit or
prosecution shall lie in any court against any person who is an
employee of or is working for or on behalf of central, state or
local Government in respect of any work done or purported to
have been done or intended to be done in good faith by such
authority or Government.
For any offence under the Disaster Management Act, a court
will take cognizance only if the complaint is filed by the central
or state government. However, if a person has given notice of
30 days or more about an alleged offence, and about his
intention to file a complaint, he or she can approach the court
which can then take cognizance.
31. A was a clerk in a municipal corporation. After an
earthquake, the government had issued a bulk of funds for
the reconstruction measures. A's neighborhood had been
badly damaged. Multiple houses and building had fallen and
it was the worst hit area in the city. However, the relief work's
preference list was on the basis of population, and on that
criterion, A's neighborhood wouldn't have gotten the required
immediate assistance. In order to help his neighborhood, A
falsified the report that catalogued the population of his area.
Can A be prosecuted under the DMA or the IPC?
(a) Yes, as he falsely declared the population to obtain relief.
(b) No, as he was acting in good faith.
(c) No, as he is an employee of the local authority.
(d) Yes, as was not acting in good faith.
32. A, a police officer was on duty in a market. To follow the
norms of social distancing and avoid spread of the infectious
disease that was epidemic in the area, he stood at the
entrance of the market and let five people at a time enter the
market. Due to the fear of scarcity of goods, people got
impatient and tried to fight A from stopping them. A, acting
according to the directions issued by the district magistrate,
tried to disperse people from assembling and getting out of
the line. However, in the ruckus, some people pushed him
aside and entered the market. With the help of additional
force, the mob was later contained and all the people present
were quarantined and checked for the disease. After a
month, it becomes clear that nobody got infected in the
market. Can the people who disobeyed A's directions still be
held liable under Section 188?
(a) No, as no danger was caused to human health or life.
(b) Yes, as danger to human health and safety was likely to
have been caused.
(c) No, as A did not duly promulgate any direction to the
people in the market.
(d) Yes, as they caused a riot in the market.
33. In the question above, when can the court take cognisance of 35. A was a part of the Central Government's taskforce assigned
the matter? to assess the situation in a state after the COVID pandemic.
While on his duty of data collection and information
(a) Upon a written complaint by A.
gathering, he found that some children in a quarantined
(b) Upon expiry of 30 after A has given the notice of his building badly needed food. He stole some food and gave
intention to file the complaint. them. The person from whom A stole the food try to sue him
for theft. Can he be protected from prosecution as a servant
(c) Upon complaint filed by the state government.
of the government?
(d) All of the above.
(a) Yes, as he stole food in good faith.
(b) No, as his act of giving food was not in respect of his
work done for the government.
34. The district magistrate of the area where A was residing had (c) Yes, as A was working in the taskforce of the central
ordered that no person would step out of their houses after government.
sunset and before sunrise. This was for protecting the
(d) No, as he stole the food to help the people struck by the
residents from a tiger that used to enter the settlement at
pandemic.
night. One day, after sunset, A had to go to his office for
some emergency work. He opened the main gate of the
building and left. When he came back, he forgot to close the
gate. At midnight, the tiger entered through the open gate
and attacked the watchman of the building. Applying section
188 of IPC only, can A be held liable for causing danger to
the watchman's life?
(a) Yes, as he disobeyed the direction of the magistrate.
(b) No, as the danger was not a result of A's disobedience.
(c) Yes, as his disobedience caused danger to the
watchman.
(d) No, as leaving the gate open was not prohibited by the
DM.
 PASSAGE – 8
In a recent decision in the case NAFED vs Alimenta S A, the compensation for the non-performance of the promise, if he
Supreme Court had the occasion to discuss the circumstances knew or could have known with reasonable diligence that the
under which the provisions of Sections 32 and 56 of the Indian act was unlawful or impossible at the time of making the
Contract Act 1872 apply when the performance of a contract has contract.
become impossible. The appellant in the case, National
The attempt of Alimenta was to invoke Section 56 to state that
Agricultural Cooperative Marketing Federation, had a contract
NAFED was liable for non-performance as it knew about the
with a foreign-firm Alimenta SA for supply of ground nuts. One of
condition of Government of India. In that regard, the Court
the conditions in the contract was that the export will be subject to
noted that the contract had a clear stipulation regarding the
the permission granted by the Government of India. Since the
necessity of government sanction, and both the parties were
Government of India prohibited export of ground nuts during the
thus aware of it. Since the contract itself provided for the
particular year, NAFED could not make the exports. This led to
stipulation, the Court noted that Section 32 will apply. The
the allegation by Alimenta SA that NAFED had committed breach
Court also noted that both the parties were aware of the fact
of its contractual obligations.
that without government sanction, export would be impossible
While dealing with the allegations, the Court discussed if the and thus it was a contingent contract. Parties knew very well
contract was rendered void under Section 32 or Section 56 of the that the Government's executive actions might come in the way
Contract Act. There was an argument by Alimenta that frustration as provided in the Agreement.
will not rescind the contract ab initio and that legal rights already
accrued under it before the event of frustration will be left
undisturbed.
Section 32 states that "Contingent contracts to do or not to do
anything if an uncertain future event happens, cannot be enforced
by law unless and until that event has happened. If the event
becomes impossible, such contracts become void." While Section
56 of the Contract Act deals with the agreement to do an
impossible act or to do acts which afterward become impossible
or unlawful. In the first instance such agreement is void ab initio
while in the latter case it becomes void when the act becomes
impossible or unlawful. It also makes the promisor liable for
(Contd.)
36. A and B contracted that A would supply B fifty tonnes of beef
by the end of 2019 in Mumbai, India. No stipulations about
the government sanctions were given in the contract. They
sign the contract on the 1st of January, 2019. However, on
5th of March, the Indian government bans slaughtering of
cows and buffalos and prohibits sale, purchase and
possession of beef in the territory of India. The ban remains
in force till the end of the year and B tries to sue A for
recovering compensation alleging that the contract was void
for impossibility of performance. In light of the decision of the
supreme court above, which section of the contract act will
apply in this case?
(a) Section 32, as performance was contingent on beef sale
being legal in India.
(b) Section 56, as selling beef became unlawful after the
contract was made.
(c) Section 32, as the government's prohibition was an
uncertain future event upon which the performance
depended.
(d) Neither, as A can still procure beef from abroad and the
performance is not impossible.
37. In the previous question, applying the provisions given in the
passage, what is the status of the contract between A and B?
(a) Void
(b) Void-ab-initio
(c) Valid
(d)I llegal, due to the ban imposed by the Indian government
38. If, in the question above, while forming the contract with A, B
heard that the Indian parliament was contemplating banning
beef in India. To protect his interests, he put a clause in the
contract that stated, "The performance of the contract shall
be subject to any government legislation, order or notification
which deems any of the acts undertaken in the contract as
unlawful, and in such a case, the contract shall stand to be
void." They sign the contract on the 1st of January, and on
5th of March, the Indian government bans slaughtering of
cows and buffalos and prohibits sale, purchase and
possession of beef. The ban remains in force till the end of
the year and B tries to ask for compensation from A for non-
performance of the contract. In light of the decision of the
supreme court above, will A be liable to pay compensation to
B?
(a) Yes, as Section 56 will apply.
(b) No, as Section 32 will apply.
(c) Yes, as with reasonable diligence, A could have known
the government's plan.
(d) No, as A did not know of the ban at the time of making
the contract.
Thanks!