CLASS ROOM PRACTICE PAPER

NISHANT PRAKASH LAW CLASSES

CLASS ROOM PRACTICE PAPER-52

LEGAL REASONING

PASSAGE-1: Maintenance is the allowance a spouse must pay the other spouse when they are unable to
meet their monthly expenses Maintenance also applies to children, if any, so that caregiving expenses for
the child are not disproportionately borne by one parent alone. In India, maintenance can be claimed under
personal laws like the Hindu Marriage Act 1955, Hindu Adoption and Maintenance Act 1956, Muslim
Personal Law. Under some personal laws like the Hindu Marriage Act, the husband is also entitled to
maintenance. But these laws only permit individuals belonging to the specified religions to file for
maintenance. Section 125 of the Criminal Procedure Code (CrPC) also provides for maintenance. This is a
secular provision under which women of all religions can file for maintenance. The jurisdiction for granting
maintenance under Section 125 CrPC and the Domestic Violence Act is parallel, and if maintenance has
been granted under Section 125 CrPC after considering all the evidence presented to the Court and
recording evidence, another Magistrate under the Domestic Violence Act is not required to adjudicate the
issue of maintenance. The law does not require that the same issue be decided by two different courts. If
the matter has already been adjudicated by a Court of Magistrate under Section 125 CrPC, the issue of
maintenance cannot be re-judged by a Court of Magistrate under the Domestic Violence Act. Therefore, it
can be concluded that the wife cannot claim multiple maintenances. The money received by parents cannot
be considered as allowance of the wife, it could only be considered a gift and not a source of income. As a
result, it could not be considered in determining the amount of maintenance. The husband's first and most
important responsibility is to provide for his wife and child. He has the option of begging, borrowing, or
stealing, the defaulter must serve time in prison for each failure to pay the maintenance. The fact that you
were imprisoned for non-payment of maintenance does not remove the obligation; it will continue to exist
until the payment is made. The Supreme Court made a noteworthy observation in the case of Shailja & Anr.
v. Khobanna stating that just because a wife is capable of earning does not mean her maintenance should
be reduced and shouldn't be given, and that whether a wife can earn, and is earning are two different
factors, and in latter case she would not get maintenance.

Source:https://www.thenewsminute.com/article/maintenance-womans-legal-right-india-accessing-it-
arduous-172938

1. Saad and Raj Kumari got married in 1945. After a few months, they were estranged, and a daughter was
born. Raj Kumari filed for claiming maintenance on behalf of herself and her daughter. The salary of the
husband was around Rs. 800 who was a reader in medicine and he earned more than Rs. 250 as income.
The husband denied the maintenance on the ground that she received money from her father on a regular
basis. Will such a ground exempt the husband to provide his wife maintenance?

(a) Yes, since the money paid by the father is enough for the fulfilment of necessities of the wife.

(b) No, since money given by family members cannot be considered as source of income.

(c) Yes, since the husband does not owe any responsibility after estranging his wife.

(d) No, since such estranging of wife is not acceptable in Hinduism.

2. Renuwas already receiving maintenance from her husband, but she filed an application under section 12
of the Protection of Women from Domestic Violence Act, 2005, as well as an application for maintenance
under section 29 of the Act. The reasoning given by the wife was that there were compelling reasons for
doing the same. Decide whether Renu can claim multiple maintenances citing the argument of compelling
reasons?

(a) No, since this only shows the wife being a spendthrift, who is living off on the husband's money.
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(b) No, since multiple maintenance claims in not permissible by courts.

(c) Yes, since claiming of maintenance depends on the various grounds of the dissolvement of marriage.

(d) Yes, since the act of domestic violence is the compelling reason to claim maintenance under other
provisions.

3. What can be inferred from the passage about the claiming of maintenance by a wife?

(a) The accessing of a women's maintenance is legal though the same is tedious to claim.

(b) Maintenance is quick easy money that women claim so they can live off their ex-husband's money.

(c) Maintenance claims makes the husband insolvent and strips him from his livelihood.

(d) None of the above

4. Raunaq refused to pay maintenance to his wife since she was earning as well and argued that it was
enough to bring about all the necessities for her living. The court on such basis had denied interim
maintenance for no legal permissible reasons Decide whether the wife's capability to earn will affect the
maintenance that is to be paid to her?

(a) Yes, since it will depict the financial stability of the wife which would make her self-sufficient.

(b) No, since it is the first and most important responsibility of the husband towards his wife and children.

(c) No, since the parents will be responsible for the fulfilment of the necessities of their daughter.

(d) Yes, since a divorced wife should be independent of the earnings of the husband.

5. A husband owed maintenance to his wife while he was asked to resign from his stable job. He had no
source of income and had to pay monthly allowance to his wife and children. Since he was not able to
provide maintenance, he was incarcerated. The husband then argued that since he was imprisoned, the
same removed his obligation from payment of maintenance. Does the argument of the husband hold true?

(a) Yes, since the husband being imprisoned exempts him from such obligation towards his wife.

(b) No, since women being vulnerable beings of the society need the assistance of men.

(c) No, since it is the duty of the husband to provide his wife and children the necessities regardless of his
employment status.

(d) None of the above

PASSAGE-2: The Delhi High Court held that conducting virginity test in a female detainee or accused under
investigation is unconstitutional and in violation of her right to dignity enshrined under article 21 of the
Constitution of India. After the Maneka Gandhi's decision, Article 21 now protects the right to life and
personal liberty of citizen not only from the executive action but from the legislative action also. It was held
by Justice SwaranaSharma that it is sexist and violated human right to dignity of a female accused if she is
subjected to such a test while being in custody. Virginity tests or gun is practised in the Kanjarbhat
community which is perceived to be a ritual. The so-called 'virginity test" is typically performed one of two
ways: a) Inspecting the hymen for tears or looking at its size and shape, b) Through the -two-finger test,
which involves inserting fingers into the vagina. But the practice, doctors say, is based on a
misunderstanding of the female body and outdated notions of -purity." Virginity tests can have damaging
psychological consequences for girls and women. They can cause feelings of guilt, self-disgust, depression,
anxiety and a negative body image. In many cases, they are performed at the request of family members
or partners, often without consent. The Supreme court had held that any person found conducting a two-
finger test on a victim in rape or penetrative sexual assault cases will be guilty of misconduct. This starts to
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address the impunity of medical professionals who continue with this practice. Dr Indrajit Khandekar, who
was instrumental in bringing the ban on the two-finger test in Maharashtra in 2011 even before the
Supreme Court order, argues that the objective of subjecting a survivor to the two-finger test comes down
to one question: Is the rape victim 'habituated' to sex or not, which is then often used to slut shame or
discredit her? "Firstly, in cases of sexual assault, it does not matter if a person was previously involved in
sexual acts. Secondly, medically, there is no way to know whether a person is accustomed to sex either: he
says. Adding on he states that the two-finger test continues to be performed like many other banned,
misogynistic practices. "Dowry is banned but it is practiced in India. In a patriarchal country like India, the
system is geared towards controlling women's bodies and their sexuality. Archaic rape laws (pre-1860) said
that a woman who had previously had relationships cannot be raped; but while those laws have been
removed, a practice like the two-finger test premised on the same regressive ideas still happens: she says.

Source:https://www.livelaw.ininews-updates/virginity-test-sexist-gender-bias-right-to-dignity-female-
detainee -accused-delhi-high-court-220962

6. Rani had filed a petition for a decree of nullity of marriage on the ground that the marriage has never
been consummated because the husband was impotent. The husband has taken the defence that the
marriage was consummated, and he was not impotent. To prove that the wife was not virgin, the husband
filed as application for her medical (virginity test) examination. Decide whether such test is valid?

(a) No, since it violates right to privacy of the wife under article 21 of the constitution.

(b) Yes, since it was necessary to substantiate the argument of the husband before the court.

(c) Yes, since it is the right of the husband to bring about the truth to maintain the sanctity of his marriage.

(d) No, since the test is a form of sexual assault against women.

7. A teenager namely Gunnu was given a white sheet on her wedding night. The community's elders pushed
the newlyweds inside a room and waited at the bolted door for the couple to have their first intercourse
after marriage. Next day, the sheet was presented before a large gathering to ascertain whether the girl
was really a virgin or not. This caused her grave humiliation. Decide whether such a practise is justified
under the garb of community ritual:

(a) Community rituals cannot be the basis for legalising such a test that violates the fundamental rights of
women.

(b) Virginity test is pertinent to secure the sanctity of marriage and determines the loyalty of the woman
towards her husband.

(c) Such an action is not against the fundamental rights of the women as only penile-vaginal penetration is
illegalised.

(d) Both (a) and (b)

8. A 14-year-old child while on her way to school was side-lined by a drunk man who forcefully took her to
a nearby warehouse and forcefully had sexual intercourse with her. Her statement in the court was amply
supported by her mother and two witnesses with whom she had made immediate disclosure. A male
medical examiner had tested the virginity of the girl which concluded that the rape survivor was habituated
to sexual intercourse. Decide whether the accused will be acquitted based on the virginity test present
before the court:

(a) Being a primary part of forensic exam performed on rape victims, it helps to determine the credibility
of sexual offence testimony.

(b) Virginity test cannot be the basis to prove the consummation of marriage.
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(c) The acquittal is not permissible since there is no reasonable doubt of the court to not hold the accused
guilty.

(d) None of the above

9. What can be inferred about the flawed two-finger test?

(a) Though having a patriarchal aspect to it, it helps the court to come to decision effectively.

(b) The test is misogynistic ally influenced that causes grave mental distress for victims.

(c) Such a test depicts how Morden laws are being properly implemented without having to scrap them oft

(d) The test is valid as the removal of it only make it favourable towards women giving them an advantage
to falsely accusing men.

10. Sabhya, a transwoman, was in a relationship with Prateek. She was dearly in love with him and wanted
to marry him. Prateek. being sceptical of her virginity due to her upbringing in a brothel, took her to a
doctor to check if she was 'pure' enough to be eligible to marry her. Upon resisting, the test still took place
on her after which she filed a case for being forced to go through such an unscientific test. Decide whether
Sabhya has the recourse after the judgement of the Supreme Court declaring it unconstitutional?

(a) Yes, since as a woman she has the bodily autonomy to not go through such an unconstitutional test.

(b) Yes, since third genders are human beings as well having the same rights as others.

(c) No, since being born in a brothel, the suspicions are legitimate and Prateek has the benefit of doubt.

(d) No, since the virginity test being women-centric only relieves women from such test after the recent
judgement.

PASSAGE-3: Natural justice is uncodified and not an embodied rule which means that there should be
equality of law among all the people irrespective of any post, rank, religion, caste, race etc. Natural justice
is simply an unwritten law for fair adjudication so that everyone can have a fair jurisdiction. Natural Justice
have three principles to be complied with: I. Nemo debetesse judex in propria causa: It means that no man
shall be the judge of his own cause" which implies that there should be no bias with anyone and the decision
of the case before the law should never be one sided or for the sake of one person's personal interest. In
simple words, there should be no bias with any person on any basis whether it is rank, post etc. there should
be no bias on the basis of financial interest and his adjudicative positions which can obviously lead to bias
if he is pecuniary interest in the matter of the dispute case. Simply, if a person has some interest in the
dispute case himself and he adjudicating it. then it can lead to a bias and hence, that person should be
removed from that proceeding it is necessary to prove that there is a reasonable suspicion of bias or a real
likelihood of bias. II. Audi alterem partem: It means that let the other side be heard as well which means
that no person should be punished or given fine without hearing his word. Every person has a Right to be
Heard equally as per Article 14 of Equality. Natural justice can be followed and applied when it is practicable
to do so but, in a situation, when it is impracticable to apply the principle of natural justice then it can be
excluded. This acts as an exception to the rule of right to be heard. III. Reasoned decisions: This means that
every decision taken by a decisive authority should be reasoned. The adjuratory body should recite the
reasons for every particular decision taken and every party has the right to ask for a reasoned decision. It
also helps in rectifying any judicial law error if any.

Source:https://www.a-and-s-jurisprudentia.com/post/principles-of-natural-justice-and-rule-ol-law-in-
context-with-fundamental-rights

11. The Odisha Board of Education conducted the 10th board examination wherein thousands of students
were found mass cheating. The board cancelled the exam without giving any opportunity of hearing to
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anyone and ordered for fresh examination. The students approached the court on the ground that before
cancellation of exam. no opportunity was given to the students. Decide whether there has been a violation
of natural justice?

(a) Yes, since before the cancellation of the exam, no opportunity of hearing was given to the students.

(b) Yes, since equality cannot be denied in the garb of serving justice.

(c) No, since the hearing was impossible due to the enormous number of students.

(d) No, since copying in exams is morally wrong and cannot be overlooked.

12. A wife and husband couple had a matrimonial dispute owing to which they had approached the court
The wife had filed a suit against her husband. The wife already had disclosed the fact to her husband that
the chairman of the bench was her family friend and was going to decide the case in her favour. Should the
chairman be allowed to decide the case of the couple?

(a) Yes, since such words were a mere warning to the husband that the wife will win the case.

(b) No, since the chairman being a family member of the wife can be biased against the husband.

(c) Yes, since the chairman being a family member will be more efficient in deciding the case as the wife is
known to him.

(d) None of the above

13. Which of the following is not a violation of natural justice?

(a) Not promoting an employee due to his below average performance.

(b) Firing an employee without giving proper reasons for the same.

(c) Not giving an opportunity to an employee who has been allegedly found to be sexually harassing his
colleague.

(d) All of the above

14. A committee was set up for selection of books that was to be used for teaching in a school. Such
selection of books was done based on a committee established by the state government comprising of
some government and non-government officials. Few members of the committee were the authors of the
book which were written by them and thereby, their books for the syllabus. Whether the selection of books
by the committee is correct?

(a) Yes. since such familiarity of the members will increase the efficiency of imparting education in the
school.

(b) No, since the possibility of bias cannot be ruled out that the members themselves chose the book they
wrote.

(c) No, since the principle of natural justice does not condone bias.

(d) Yes, since mere possibility of bias is not sufficient to invalidate the selection by the committee.

15. What can be inferred about natural justice from the passage?

(a) The principle of natural justice requires the fulfilment of all the three rules.

(b) It does not mandate equality among all people since it is uncodified.

(c) It is not necessary that all the rules need to be complied with.
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(d) The rule of bias and reasoned decision can be used interchangeably.

PASSAGE-4: Mandamus is among the "prerogative write in English common law — meaning the
extraordinary writs or orders granted by the Sovereign when ordinary legal remedies are inadequate. In
India. the Supreme Court can issue prerogative writs under Article 32 of the Constitution, and the High
Courts under Article 226. Mandamus literally means we command'. When issued to a person or body, the
writ of mandamus demands some activity on their part. It orders the person or body to perform a public or
quasi public duty, which they have refused to perform, and where no other adequate legal remedy exists
to enforce the performance of that duty. The writ cannot be issued unless the legal duty is of public nature,
and to whose performance the applicant of the writ has a legal right. The remedy is of a discretionary nature
- a court can refuse to grant it when an alternative remedy exists. However, for enforcing fundamental
rights, the alternative remedy argument does not hold as much weight, since it is the duty of the Supreme
Court and the High Courts to enforce fundamental rights. When a public officer or government does an act
that violates the fundamental right of a person the court would issue a writ of mandamus against such
authorities so that the person's rights are not infringed. The writ can also be issued against inferior courts
or other judicial bodies when they have refused to exercise their jurisdiction and perform their duty. Under
Article 361. mandamus cannot be granted against the President or Governor of a State. for the exercise and
performance of the powers and duties of his office or for any act done or purporting to be done by him in
the exercise and performance of those powers and duties". The writ also cannot be issued against a private
individual or body, except where the State is in collusion with the private party for contravening a provision
of the Constitution or a statute.

16. What can be inferred from the passage about the writ of mandamus?

(a) Mandamus cannot be refused out rightly based on the exhaustion of other remedies.

(b) Mandamus can be issued against state functionaries on their non-compliance of duties.

(c) It presumes that all the legal remedies have been exhausted so as to file writ of mandamus.

(d) The public duty of a person becomes the basis of issuance of the writ.

17. Ambani entered into a contract with Adani, a government official, for the construction of a 'Adani
Minority School' so as to confer knowledge to the children belonging to the Muslim community. The
consideration for the same was the payment of around Rs. 400 crores by Adani. A blueprint of the
construction was made but the money was yet to be received by Adani which was necessary to start the
project. Ambani contacted Adani but he was out of reach. An application of mandamus was filed in the
court as a last resort against Adani. Decide whether the court can accept the application?

(a) No, since Ambani had other legal recourses before approaching the court.

(b) Yes, since the money was required to start the construction as the blueprint was made.

(c) No, since there was no legal duty upon Adani for the construction of the school.

(d) Yes, since other recourses were used by Ambani.

18. A court staff working in the Patna High Court was working relentlessly and felt that his salary had to be
increased since he was given loads of work and on top of that, he was not able to take leave from his work
even though his wife was sick. He filed a writ of mandamus against the governor to get an increment in
salary as set by the Chief Justice of the High Court. Decide whether the writ against the governor is
maintainable?

(a) Yes, since other legal remedies were exhausted by the court staff.

(b) No. since it is upon the discretion of the chief justice to increase the salary.
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(c) No, since writ of mandamus cannot be filed against the governor.

(d) Yes, since it is the legal duty of the governor to increase the salaries.

19. Mohan was an IPS officer, who was struggling with his promotion in his department unlike other
colleagues who were already promoted. The promotion was withheld on the ground that criminal
proceedings were pending against him. He directly went to the court and filed a writ of mandamus claiming
wrongful denial of promotion and seeking a valid promotion but the application of mandamus was denied
by the court. Decide whether the court's action is permissible?

(a) Yes, since a civil servant having a criminal history is detrimental for the society.

(b) No, since his right to be promoted was being violated as others were already promoted.

(c) Yes. since he directly approached the court without exhausting other legal recourses.

(d) Both (a) and (c)

20. The Farm Bill was introduced in the Parliament by Lalu Madhav and was passed by both the houses of
the Parliament but was pending for the assent of the president for 6 months. The subject matter of the bill
being an important aspect of farmer economy. Lalu as a last resort filed a writ of mandamus against the
President. Decide whether the writ of mandamus is maintainable?

(a) Yes, since farm laws encompass the national interest and passing of the bill is mandatory.

(b) No, since the writ cannot be issued against the President.

(c) Yes, since it is a public duty which is of utmost importance.

(d) No. since Lalu is a private individual and is misusing his powers under the garb of national interest.

PASSAGE-5: Negligence as a tort is a breach of a legal duty to take care which results in damage undesired
by the defendant to the plaintiff. The elements of liability in the tort of negligence can be outlined as follows.
The defendant must owe the claimant a duty of care, must be in breach of that duty and must cause loss
to the claimant. The loss caused must not be too remote and must not be able to raise a defence to the
claimant's action. Therefore, Lord Atkins's statement forms the basis of modem law and was adopted in the
case of Caparo Industries v Dickman (1990). This case established a 3-stage test to determine whether a
duty of care is owed to a person. They are: 1. It was reasonably foreseeable that a person in the claimant's
position would be injured. 2. There was insufficient proximity between the claimant and the defendant. 3.
It is fair just and reasonable to impose a duty of care under the circumstances. In terms of reasonable
foreseeability, the claimant must fall within the class foreseeably put at risk by Defendant's failure to
exercise due care and skill. In Bourhill v Young (1943), it was held that no duty was owed to the claimant as
she was not a foreseeable victim of defendant's negligence. On the other hand. Proximity would depend
on various circumstances such as. personal injury reasonable foresight of injury, psychiatric injury, economic
loss etc. Finally, in question of whether it was fair just and reasonable to impose a duty of care, MacFarlane
v Tayside Health Board was denied a duty of care. Courts have restricted liability under this heading by
reference to a number of policy considerations (floodgates, overkill. etc). There is also an alternative test
developed whether there has been an assumption of responsibility by the defendant for the claimant:
which is mainly used for cases of liability for omissions, for misstatements and for economic loss. Once a
duty of care has been established not only should the defendant owe a duty of care, but also must be in
breach of that duty. Therefore the defendant should have failed to come up to the standard of care required
by law for fulfilment of duty. What is the standard of care and has the standard been breached are two
questions that will arise to establish a breach of that duty. Standard of care required in negligence law
typically relates to a person's conduct. rather than a person's state of mind.

Source: https://WKw.lawteachernet/free-law-essays/tort-lawInegragence-as-a-tort.php
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21. In which of the following cases will the tort of negligence not apply?

(a) A doctor while performing surgery on a patient left the scissors inside his stomach.

(b) A driver was instructed by his employer to drop a package at A's house but instead, he went for a ride.

(c) A passer-by was fighting with his wife on call which A witnessed and went into shock.

(d) A chef wanted to try a new variant of a recipe, but the new flavor added caused food poisoning to
customers.

22. With reference to the above question, what defence could be used by the driver of the car in a quarrel
with his wife to prove that he did not act negligently towards A?

(a) A was responsible for his own safety while walking on the road.

(b) The driver is only verbal in a quarrel with his wife and is not committing any offence.

(c) The damage caused to A is in no proximity to establishing a duty of care towards him by the driver.

(d) A was not traveling in the same car as the driver, so no question of duty of care arises.

23. A doctor operated upon a patient who had a terminal disease in the brain. The risk of not operating was
a blood clot which was already conveyed to the patient and his family members. Family members along
with the patient unanimously agreed that operating will entail lesser risk and agreed to go forward with it.
Six days after the operation, the patient died of another dot that developed after the surgery. Decide if the
doctor will be held liable.

(a) The doctor will be held liable as he operated without full disclosure of another possibility of a tumor.

(b) The doctor will be held liable as he performed the surgery without due diligence.

(c) The doctor will not be held liable as a future development cannot be foreseeable.

(d) The doctor will not be held liable as the patient incurred risk knowingly and willingly.

24. A beggar approached Hira to give him money or else he will starve to death. Hira did not pay any heed
to the matter and kept on walking. When he was just turning to his right, the beggar fainted and died on
the spot. Decide whether Hira will be held liable for breaching the duty of care towards the beggar.

(a) Yes, Hira will be liable for breach of duty towards the beggar as he could foresee that not eating will
injure him.

(b) Yes, Hira will be liable for omission to pay the money which was the act in question.

(c) No, Hira will not be liable as he could not reasonably foresee that the beggar would die on the spot.

(d) No. Hira will not be liable as it is not just and fair to impose a duty of care under the given circumstances.

25. A builder was willing to lease out his apartment. For this, he hires a web designer and creates a brochure
specifying all the amenities in the flat. These include a 24'7 geyser facility, swimming pool, gym, etc. Rohan
being a gym enthusiast bought the apartment for this facility. However, he later got to know that the gym
is subject to space available in the colony and not a guaranteed facility. Decide on the liability of the builder.

(a) The builder is liable for misstatement in the brochure.

(b) The builder is not liable as the duty of care ended once the apartment was sold.

(c) The builder is not liable as Rohan did not exercise due diligence before purchasing the apartment.
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(d) The builder is liable as he could foresee the economic loss that will be caused to Rohan if he buys the
apartment.

PASSAGE-6: Strict liability is a kind of liability under which a person is legally responsible for the
consequences flowing from an activity even in the absence of fault or criminal intent on the part of the
defendant. It is basically a legal doctrine that holds a party (defendant) responsible for its actions without
the plaintiff having to prove the negligence or fault on the part of the defendant. When any person involves
in ultra-hazardous activities such as keeping wild animals or using explosives or making defective products,
then he/she may be liable if any other person is injured because of that activity, even if the defendant took
necessary precautions and followed safety requirement. In Rylands v. Fletcher case, the defendant got a
reservoir constructed through an independent contractor. There were old unused shafts under the site of
the reservoir, which the contractors failed to observe and so did not block them. When the water was filled
in the reservoir, it burst through the shafts and flooded the plaintiff's coal mines on adjoining land, The
defendant did not know about the shaft and had not been negligent, but he was held liable. This is also
called the 'no fault' liability. In the given case, the liability recognised was 'strict liability' i.e. even if the
defendant was negligent or did not cause any intentional harm, he could still be liable under the rule. For
the application of the rule, the following three essentials should be there:

1. Dangerous things - According to this rule, the liability for the escape of thing from one's land arises only
when the thing collected was a dangerous thing. In Rylands v. Fletcher, the thing was large water body
(reservoir). The rule is also applied to gas, electricity, vibration, sewage, explosive, etc.

2. Escape - For the rule in Rylands v. Fletcher to apply, it is also essential that the thing causing the damage
must escape to the area outside the occupation and control of the defendant. The case of Read v. Lyons
and Co, is an example of no escape and hence no liability. In this case, the plaintiff was an employee in the
defendant's ammunition factory, while she was performing her duties inside the defendant's premises, a
shell, which was being manufactured there, exploded and she was injured. There was no evidence of
negligence on the part of the defendant. It was held that the defendant was not liable because there was
no escape of thing outside the defendants premises. So, the rule of Rylands v. Fletcher did not apply to the
case.

3. Non-natural use of land - There should be non- natural usage of land to make the defendant liable. For
eg, things capable of causing Mars level damage

Source:https://www.legaiserviceindia.com/legallarticle-4532-liability-strict-liabirtty-absolute-liability-and-
vicariousabillty-under-law-of-torthtml

26. What can be inferred about the imposition of strict liability on a person?

(a) It holds a person responsible when he failed to exercise due diligence.

(b) It holds a person liable when the quantum of damage suffered is more than the precaution taken.

(c) It is imposed on a person when there has been no injury on the part of the defendant.

(d) It is imposed on a person regardless of the precautions taken or care exercised.

27. ABC Cosmetics is known to make beauty products for women like moisturizers, concealer, foundation,
etc. They used to comply with the set security standards in the process. However, they tried using a separate
formula this time without any lab testing. This led to the breakout of skin infections among people and they
sued the company. Decide the liability of the company in this case.

(a) Yes, the company will be liable as they were involved in the manufacturing of a dangerous product.

(b) Yes, the company will be held liable as they did not take necessary precautions in the manufacturing
process.
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(c) No, the company will not be held liable as it is a reputed brand in cosmetics.

(d) No, the company will not be held liable as there is no proof of negligence on their part.

28. In a chemical factory, explosives are manufactured and most children are engaged in the process. They
are made to wear gloves and eyeglasses so that the smoke fume does not enter their eyes. However, while
working, one of the children, Reshma, started breathing heavily and fainted. On medical examination, it
was found that the dust emanating from outside the factory had blocked Reshma's sinus leading to a nose
infection. Will the factory be made liable for the same?

(a) Yes, the factory will be made liable as it should have taken special precautionary measures for the
children.

(b) Yes, the factory will be held liable as it was involved in the manufacturing of dangerous explosives.

(c) Yes, the factor will be held liable as it let the dangerous dust escape the factory's premises.

(d) None of the above

29. With reference to the above question, if there had been an explosive blast in the factory instead of the
dust, would the liability of the factory shift? Decide.

(a) No. the company would still be liable as dangerous explosives were being manufactured there.

(b) No. the company would still be liable as there was negligence on its part.

(c) No, the company will not be liable as there is no escape of the explosives outside the factory's premises
in this case.

(d) Yes, the company will not be liable as the manufacturing is being carried out in an authorized factory.

30. Girlimarg was an excavation site known for precious ores that can be found. It was still untapped as the
machines required were not well-equipped. While the process of quarrying was being carried out, there
was a blast due to which three neighbouring people got injured. They filed a suit against the employer.
Decide if there will be strict liability applied in this case.

(a) No, strict liability will not be imposed as the workers knew the risk associated while working at the site.

(b) No, strict liability will not be imposed as the blast has not injured any person outside the quarrying site.

(c) Yes, strict liability will be imposed as there is an escape of a dangerous thing outside the site's premises.

(d) No, strict liability does not apply when it is a natural use of land and there was no escape.

PASSAGE-7: The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules,
2021 ["IT Rules. 20211 initially notified in February 2021, extended overbroad and stricter government
control over social media platforms, digital news media platforms and on-demand video streaming
platforms. Recognising the threat posed by Part III of the IT Rules, 2021, the Bombay High Court ordered a
stay on the operative provisions of Part Ill, in August 2021. In September 2021, the Madras High Court
agreed that the IT Rules. 2021 may threaten the independence of the media, and also that "Article 19 (1)
(a) of the Constitution may be infringed in how the Rules may be coercively applied to intermediaries. "A
transfer petition has been filed in the Supreme Court. and the Supreme Court is considering whether to
dub all the various challenges and hear them together, though the stay orders issued by the High Courts
against the operation of the IT Rules, 2021 have not been disturbed. Instead of curing deficiencies noted
by courts, the Union Government notified the Information Technology (Intermediary Guidelines and Digital
Media Ethics Code) Amendment Rules, 2022 (hereinafter. "IT Amendment Rules, 2022"). One such notable
provision was the establishment of a Grievance Appellate Committee ("GAC"), which is essentially a
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government censorship body for social media that will make bureaucrats arbiters of our online free speech
complaints made against the victims.

For the purposes of these Rules, an intermediary under Part II is sought to be expanded to include social
media intermediary, significant social media intermediary and "online gaming intermediary". An online
gaming intermediary is defined under the proposed Rule 2(1)(qb) as an intermediary that offers one or
more than one online game. The logical reasoning and justification behind introducing yet another category
of intermediaries has not been shared by the Ministry. Furthermore, ambiguity exists on whether a non-
gambling online game will also be regulated under these Rules. Vagueness around classification of online
gaming intermediaries will not just negatively impact the innovation in the industry but also hinder its
growth. Rule 2(1)(qa) defines "online game as a "game that is offered on the Internet and is accessible by a
user through a computer resource if he makes a deposit with the expectation of earning winnings". It is
worth noting that both "deposit" and -winnings" have been defined to include both cash and kind. While
the 'kind' component may have been introduced to cover for non-monetary 'token' or 'online game
currencies', it may lead to the consequence of including games that don't require any monetary deposit
from the user or promise any monetary incentives to the user under the ambit of "online games" for the
purpose of these Rules and thus subjecting such games to regulation.

Source- httpinternetfreedom in/draft-amendments-to-it-rules-online-ga mingt14

31. What can be inferred about the major defect in the Information Technology (Intermediary Guidelines
and Digital Media Ethics Code) Rules, 2021?

(a) Social media platforms have been left without any regulation or supervision by the government.

(b) Government control has increased and become unnecessarily stricter on these platforms, which could
infringe its rights.

(c) The intermediaries' offices are at different locations, so there needs to be one nodal office.

(d) There is no grievance redressal commission to resolve any issues of the common public.

32. How is Article 19(1)(a) linked to social media platforms in the passage?

(a) The control of intermediaries can affect the platforms' freedom to carry on their occupation.

(b) The control can impact the expansion of business and they will be forced to restrict their business.

(c) Control of intermediaries can infringe upon the intermediaries' freedom of speech and expression.

(d) The control can impact the intermediaries' ability to form unions against this arbitrary law.

33. Riya is a college student who is an active user of Facebook. She is habitual to making new friends on the
internet and for the same reason, she got into a conversation with Pradeep, a 40-year-old man. Gradually.
they got into a virtual relationship. One day, he filmed her and leaked the video on the internet. Under the
Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules. 2021. decide how
Riya's contention will be resolved.

(a) Any activity on the internet cannot be tracked by the police, so it will go unreported.

(b) This act constitutes cyber bullying and incurs separate liability from the IT Rules, 2021.

(c) A Grievance Appellate Committee will be set up for addressing such complaints that come up.

(d) The act of filming was consensual and thus, no action can be initiated against it.

34. 'Fireball' is a website that provides people with a virtual gaming experience. It gives people an option
to switch their avatars and maintain their score in relation to the other player who may or may not be
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playing other games over the platform. Rajnish is a regular player of this game who got deceived in relation
to the money exchanged by him over the platform. Decide if it can be held liable under the Intermediary
Rules.

(a) Yes. it can be held liable as an online gaming intermediary comes within the ambit of the Intermediary
Rules.

(b) Yes, it can be held liable as the game is operating under the false pretext.

(c) No, it cannot be held liable as the game is merely a third party that facilitates interaction between the
player and the internet.

(d) No, it cannot be held liable as the very definition of online gaming intermediaries is very broad.

35. Graywin is an online gaming platform wherein people are offered to play in an imaginary space and
cook according to their preferences. To advance in the levels of the game, it is necessary to pay a fixed
amount of money. When the game's authenticity was challenged in the court, it tried to exempt itself from
coming under the Intermediary Rules. Decide.

(a) Yes, it will not come within the Intermediary Rules as it is not a social media platform.

(b) Yes, it will not be a part of the Intermediary Rules as it cannot be regulated by the government.

(c) No, it falls within the Intermediary Rules as it is under the definition of "online games'.

(d) No. it falls within the Intermediary Rules as it is accessible on the internet.

PASSAGE-8: The new reforms to UAE's judicial systems originate from Abu Dhabi's Civil Family Court System,
which allows non-Muslim couples to divorce or marry without following the Sharia laws, similar to the
wedding registry offices in UK and Europe or even by adhering to their home country's laws. While Abu
Dhabi adopted this practice in November 2021, this year the personal status laws will extend to all of the
seven emirates including Dubai, Sharjah, Ajman, Umm AI Quwain, Fujairah, and Ras Al Khaimah. Earlier
expatriates or non-Muslims residing in the UAE had to follow the Sharia law system while filing for divorce
in a local UAE court, even if it differed from that of their home country, which resultantly led to more people
resorting to carrying out divorce or marriage procedures outside the UAE. Moreover, earlier consensual
relationships between two adults or live-in relationships were criminalized. However, it was only in 2020
that the UAE decriminalized live relationships and pregnancies out of wedlock, easing restrictions on many
personal aspects. According to the UAE's State News Agency WAM, the purpose behind passing the new
laws is to "regulate marriage, conditions, and procedures of contracting and documenting the marriage
before the competent courte, thereby making it possible for non-Muslims to marry or divorce through a
non-sharia process legally. There are two main provisions of this law-

A. Marriage: Non-Muslim couples aged 21 years and above can now marry without the consent of the
wife's father or guardian. Earlier the marriage had to have multiple male witnesses but now that
requirement has been done away with to say that a marriage can take place simply based on the will of the
husband and the wife, who have to fill out a declaration form in front of a judge.

B. Divorce: can now be initiated by mutual consent of both parties or even by one spouse alone. Articles 6.
7 and 8 of the Abu Dhabi laws have elaborated on the aspect of "no-fault divorces", where spouses can
seek divorce without having to prove that their partner is at fault or has caused harm during the marriage.
The earlier requirement for mediation and family counselling has been done away with. Divorce can now
be granted in a timely and efficient manner, in the first hearing itself.

A new post-divorce request form has also been created for alimony, support payment. maintenance, or
other family requests. In case of disagreement on financial aspects like alimony, the court shall consider the
duration of the marriage, the financial status of both spouses. and the wife's age.
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Source-https://indianexpress.com/article/explained/explained-globallime-new-laws-on-matriage-non-
muslim-residents-8419595/

36. Anjali and Rahul are residents of Abu Dhabi. Anjali is a Christian while Rahul is a Hindu. They have been
dating for three years and consequently got married in January 2022 according to their respective laws.
When they went to register their marriage, they were told that it stands void as they did not comply with
the Sharia law. Decide if it is a valid marriage.

(a) Yes, it is a valid marriage as it is their fundamental right to marry anyone of their choice.

(b) Yes, the judicial system of Abu Dhabi permits marriage without following the Sharia laws.

(c) No, the home country's laws cannot be followed in a foreign land.

(d) No, marriage in compliance with Sharia laws is essential for the nation's census.

37. What is the reason behind implementing such changes in the Personal Status Laws?

(a) To promote inclusivity among the Muslims and Non-Muslims residing in the UAE.

(b) To ease the process of marriage registration in the country.

(c) Many people were carrying out marriage procedure and divorce outside the UAE.

(d) It will further lead to the immigration of people and increase UAE's revenue.

38. Ritviz and Payal are residents of the UAE. Ritviz is 20 years old while Payal is 23 years old. They were
living in a live-in relationship and in 2019. they had a child. A case was registered against them in 2019 that
a child born out of wedlock is illegitimate. Their contention is that two adults are free to live and raise a
child together. Decide.

(a) The parents are correct in contending the child as they both are adults.
(b) The parents are not correct as it goes against the morals of the society that they are living in.
(c) The case will be taken up further as live-in relationships are criminalised in the UAE.
(d) The case will be scrapped as it is in direct violation of their fundamental rights.

39. Harmiya and Gitanjali are residents of the UAE and are aged 23 and 19 years respectively. Gitanjali used
to secretly meet him against her parents' will every day. Getting tired of this practice, they wanted to get
married to be able to live together. Their marriage is however not being registered by the officials. Decide
if it is valid.

(a) Yes, it cannot be registered as the couple is not adhering to the sharia law while registration.
(b) Yes, it cannot be registered they are going against their parent's will to get their marriage registered.
(c) Yes, the marriage cannot be registered as Gitanjali is not yet of age 21.
(d) No, the marriage can be registered as they are two consenting individuals.

40. Dolly and Rudresh are living as a married couple in the UAE. Since their marriage, they have not been
able to hold a conversation with each other and despite no abuse, they both feel like they are being forced
into a relationship under the pretext of marriage. For this reason, they have initiated a divorce. Decide if it
can be granted to them.
(a) No. there has to be a genuine and major reason for the grant of divorce.
(b) No, there will be mediation sessions first to see whether the issues can be resolved through counselling.
(c) Yes, they should be granted divorce before their problem escalates.
(d) Yes, it is allowed to be granted a divorce even when there is no apparent problem in the marriage.