CLAT PG 2024 Question Paper with Answer Key PDF Set D is available for download. The exam was conducted by the Consortium of NLUs on December 3, 2023. Candidates were required to answer a total of 120 objective-type questions carrying 1 mark each covering two major sections: Constitutional Law and Other Law Subjects.
CLAT PG 2024 Question Paper with Answer Key PDF Set D
| CLAT PG 2024 Question Paper PDF Set D | Download PDF | Check Solution |
CLAT PG 2024 Questions with Solution
| Question Number | Question | Correct Answer | Solution |
|---|---|---|---|
| 1 | Which perspective argues that the law should enforce moral values and prohibit actions considered immoral by society? (A) Legal neutrality (B) Legal positivism (C) Legal moralism (D) Legal realism |
(C) | Legal moralism advocates that laws should reflect societal moral standards and restrict actions deemed immoral. |
| 2 | What is one criticism of legal moralism? (A) It infringes on individual autonomy and diversity of thought. (B) It promotes individual and social order. (C) It allows for a more pluralistic society. (D) It maintains legal neutrality. |
(A) | A key criticism of legal moralism is that it can infringe on individual autonomy and restrict diverse viewpoints within society. |
| 3 | According to legal moralism, what is the law’s primary role? (A) To protect individual rights and maintain social order. (B) To impose moral values. (C) To maintain legal neutrality. (D) To enforce specific cultural practices. |
(B) | Legal moralism posits that the primary role of law is to impose and uphold societal moral standards. |
| 4 | What is the central tenet of legal neutrality? (A) The law should remain morally neutral. (B) The law should enforce moral values. (C) The law should prioritize individual rights over morality. (D) The law should regulate all aspects of individual behavior. |
(A) | Legal neutrality maintains that the law should avoid enforcing specific moral values and remain impartial to various moral beliefs. |
| 5 | What moral dilemma is raised by the principle of legal neutrality? (A) Whether the law should impose moral values on individuals. (B) Whether the law should prioritize individual rights over morality. (C) Whether it is morally justifiable to tolerate certain morally repugnant actions in the name of freedom and neutrality. (D) Whether the law should suppress individual autonomy. |
(C) | The principle of legal neutrality raises the question of whether it is acceptable to allow morally offensive behaviors in society to preserve freedom and neutrality. |
| 6 | What is the primary focus of legal positivism in determining the validity of law? (A) Moral and ethical considerations. (B) The source from which the law originates. (C) The conformity of the law to social norms. (D) The principles of natural law. |
(B) | Legal positivism focuses on the source of law, emphasizing that the validity of a law is based on its origin within a recognized legal system, rather than moral or ethical considerations. |
| 7 | What is the role of the rule of recognition in legal positivism? (A) It governs human behavior. (B) It dictates how laws should be created. (C) It identifies the authoritative source of law within a legal system. (D) It evaluates the morality of laws. |
(C) | The rule of recognition in legal positivism serves to identify the authoritative sources of law within a legal system, ensuring that laws are recognized and followed. |
| 8 | What is a criticism of legal positivism? (A) It risks legitimizing immoral or unjust laws if they are enacted through proper procedures. (B) It is too focused on moral and ethical principles. (C) It rejects the idea of man-made laws. (D) It emphasizes natural law theory. |
(A) | A common criticism of legal positivism is that it may legitimize laws that are morally questionable if they meet procedural standards, as it separates law from morality. |
| 9 | In natural law theory, what is considered to transcend man-made laws? (A) The rule of recognition (B) Moral or ethical principles (C) The rule of adjudication (D) Secondary rules |
(B) | Natural law theory posits that moral or ethical principles transcend human-made laws, suggesting that there are inherent standards of justice that laws should reflect. |
| 10 | What fundamental question does the debate between legal positivism and natural law theory raise? (A) Whether the law is entirely based on moral principles. (B) How to determine the source of law. (C) Whether the validity of law is determined by its source or by moral and ethical principles. (D) How to change primary rules within a legal system. |
(C) | The debate between legal positivism and natural law theory centers on whether law’s validity stems from its source or its alignment with moral principles. |
| 11 | A workman shall be deemed to have rendered continuous service of one year under the Industrial Disputes Act, if (A) Workman has worked under the same employer for Not less than 120 days. (B) Workman has worked under the same employer for Not less than 180 days. (C) Workman has worked under the same employer for Not less than 240 days. (D) Workman has worked under the same employer for Not less than 300 days. |
(C) | According to the Industrial Disputes Act, a workman is considered to have continuous service of one year if they have worked not less than 240 days under the same employer. |
| 12 | Consider the given statements. I. Onus to prove continuous service for the prescribed number of days lies on the workman. II. The period of continuous service need not be in the same service or same type of service. III. Worked for not less than the prescribed period does not include paid holidays. Choose the correct answer from the code given below: (A) I and II are correct, III is incorrect. (B) II and III are correct, I is incorrect. (C) I is correct, II and III are incorrect. (D) Only I is correct, II and III are incorrect. |
(A) | Statement I and II are correct as they align with the interpretation of continuous service. Statement III is incorrect because prescribed period calculations may include paid holidays in some contexts. |
| 13 | Section 25N is applicable to which of the following industrial establishment(s)? (A) Industrial Establishment where not less than 50 workmen were employed on an average per working day for the preceding twelve months. (B) Industrial establishment of a seasonal character. (C) Industrial Establishment where not less than 100 workmen were employed on an average per working day for the preceding twelve months. (D) Both (B) and (C). |
(C) | Section 25N applies to industrial establishments where at least 100 workmen were employed on an average per working day for the preceding twelve months. |
| 14 | What are the conditions for refusal of application of retrenchment by the appropriate government under section 25(3)? (A) The workmen and the employer must be given a reasonable opportunity of being heard. (B) The reasons for retrenchment must be genuine and adequate. (C) The reasons for refusing the permission must be recorded in writing. (D) All of the above. |
(D) | All listed conditions are necessary for the refusal of retrenchment applications under Section 25(3), ensuring transparency and fairness. |
| 15 | Consider the given statements. I. Application for closure shall be deemed to have been granted if the appropriate government does not communicate the order granting or refusing permission within 30 days from the date of the application. II. Section 25-O makes it mandatory for the employer, who intends to close down an undertaking, to apply for prior permission at least ninety days before the date on which the intended closure is to become effective, setting out the reasons for the intended closure and to simultaneously serve a copy of such application on the representatives of the workmen in the prescribed manner. III. Section 25-O is not applicable to an undertaking engaged in the construction of buildings, bridges, roads, canals, dams, or for other construction work. Choose the correct answer from the code given below: (A) I and II are correct, III is incorrect. (B) II and III are correct, I is incorrect. (C) I is correct, II and III are incorrect. (D) Only I is correct, II and III are incorrect. |
(B) | Statements II and III are correct. Section 25-O requires employers to apply for prior permission at least ninety days before closure, and it does not apply to construction-related undertakings. Statement I is incorrect because there is no provision deeming the application granted if the government does not respond within 30 days. |
| 16 | A person may be liable in respect of wrongful acts or omissions of another in the following ways: (A) As having ratified or authorised the particular acts. (B) As standing towards the other person in a relation entailing responsibility for wrongs done by that person. (C) As having abetted the tortious acts committed by others. (D) All the above. |
(D) | A person can be held liable for another’s wrongful acts if they have ratified, abetted, or bear a legal responsibility due to their relationship with the wrongdoer. |
| 17 | In order to succeed in fixing vicarious liability on the master (defendant), the plaintiff has to establish: (A) That the relationship of master and servant subsisted between the defendant and the actual wrongdoer. (B) That the wrongful act was done by the actual wrongdoer whilst he was engaged in the course of employment of the defendant. (C) Both (A) and (B). (D) None of the above. |
(C) | For vicarious liability, it must be shown that the wrongdoer was a servant of the defendant and acted within the scope of employment. |
| 18 | In India, which of the following enactments govern(s) the liability of the State for the tortious acts of its servants? (A) The Crown Proceedings Act, 1947. (B) The Federal Tort Claims Act, 1946. (C) Both (A) and (B). (D) Neither (A) nor (B). |
(D) | India does not have a direct equivalent of the Crown Proceedings Act or the Federal Tort Claims Act to govern State liability for torts. |
| 19 | In which of the following cases, the Supreme Court of India dealt extensively with the concept of ‘constitutional tort’? (A) Shyam Sunder v. State of Rajasthan, AIR 1964 SC 890. (B) Common Cause (A Registered Society) v. Union of India, (2018) 5 SCC 1. (C) Municipal Corporation of Delhi v. Uphaar Tragedy Victims Association, (2011) 14 SCC 481. (D) All the above. |
(C) | The case of Municipal Corporation of Delhi v. Uphaar Tragedy Victims Association is a significant Supreme Court case where the concept of constitutional tort was extensively addressed in the context of state accountability for fundamental rights violations. |
| 20 | Whether a statement by a Minister, inconsistent with the rights of a citizen under Part-III of the Constitution, constitutes a violation of such constitutional rights and is actionable as a ‘constitutional tort’: (A) Yes, every statement made by a Minister, inconsistent with the rights of a citizen under Part-III of the Constitution, will constitute a violation of the constitutional rights and becomes actionable as a constitutional tort. (B) Yes, if as a consequence of such a statement, any act of omission or commission is done by the officers resulting in harm or loss to a person/citizen, then the same may be actionable as a constitutional tort. (C) No, in no case a statement by a Minister is actionable as a constitutional tort. (D) No, because it will hamper the functioning of the government and ministers. |
(B) | A minister’s statement may lead to a constitutional tort if it causes an action or omission by officials that harms a citizen. |
| 21 | Negligence, as a tort, is said to have been committed when the following is/are established: (A) The existence of a duty to take care, which is owed by the defendant to the complainant; and that there is a failure to attain that standard of care, as prescribed by the law, thereby committing a breach of such duty. (B) Damage, which is both causally connected with such breach and recognised by the law, has been suffered by the complainant. (C) Both (A) and (B). (D) None of the above. |
(C) | Negligence requires establishing a duty of care, a breach of that duty, and damages causally connected to the breach suffered by the complainant. |
| 22 | Which of the following propositions is incorrect as regards negligence? (A) The test for determining medical negligence, as laid down in Bolam case [Bolam v Friern Hospital Management Committee, (1957) 1 WLR 582], holds good in its applicability in India. (B) The jurisprudential concept of negligence is the same in civil and criminal law, and anything that may be negligence in civil law is necessarily a negligence in criminal law. (C) A professional may be held liable for negligence, and the standard to be applied for judging whether the person charged has been negligent or not, would be that of an ordinary competent person exercising ordinary skill in that profession. (D) It is not possible for every professional to possess the highest level of expertise or skills, which is not the test in negligence; a highly skilled professional may be possessed of better qualities, but that cannot be made the basis or the yardstick for judging the performance of the professional proceeded against on incident of negligence. |
(B) | Negligence in civil law does not automatically imply negligence in criminal law, as the standards and consequences differ. |
| 23 | Which of the following propositions is correct as regards the liability of medical practitioners: (A) Medical practitioners are immune from a claim for damages on the ground of negligence, as they belong to the medical profession. (B) Medical practitioners are immune from a claim for damages on the ground of negligence, as they are governed by the National Medical Commission Act, 2019. (C) Medical practitioners are immune from a claim for damages on the ground of negligence, as the Ethics and Medical Registration Board has the power to regulate professional conduct and practice of medical practitioners. (D) Medical practitioners, though belonging to the medical profession, are not immune from a claim for damages on the ground of negligence. |
(D) | Medical practitioners can be held liable for negligence if they fail to meet the standard of care expected in their profession. |
| 24 | Which of the following is a seminal judgment on medical negligence in India? (A) M.C. Mehta v. Union of India, AIR 1987 SC 1086. (B) Municipal Corporation of Delhi v. Subhila Devi, AIR 1999 SC 1299. (C) Jacob Mathew v. State of Punjab, (2005) 6 SCC 1. (D) All the above. |
(C) | Jacob Mathew v. State of Punjab is a landmark case in India regarding the liability of medical professionals for negligence. |
| 25 | Now, a large number of private hospitals, nursing homes and clinics have emerged. In view of the good reputation they have built, patients go there for treatment in large numbers. These hospitals provide the medical treatment to those patients through doctors employed by those hospitals, though there on some arrangement. These hospitals hold out to the public that the treatment would be given by doctors provided to those patients by all such doctors. In such cases, if the patient suffers injury due to negligence of the doctors, then: (A) The hospitals would be equally liable for damages, on the principles of vicarious liability as they have held out the doctors as their employees, and those hospitals cannot show off their responsibility and liability to pay compensation for the damages suffered by the patients due to negligence of the doctors provided by these very hospitals. (B) The hospitals would not at all be held liable for damages. (C) The hospitals would not at all be held liable for damages; but the doctors could not show off their liability for negligence. (D) Neither the hospitals nor the doctors are held liable, as no one can guarantee the desired results in medical treatment. |
(A) | Hospitals are vicariously liable for the negligence of doctors they employ or present as their employees, as they are responsible for the care provided to patients. |
| 26 | Hypothetically, if The Gambian state was to exercise criminal jurisdiction over the persons responsible for Crimes of Genocide, then such jurisdiction would be called as: (A) Extra-territorial jurisdiction (B) Universal jurisdiction (C) Contentious jurisdiction (D) A state cannot exercise jurisdiction over such crimes without having any connection with them. |
(B) | Universal jurisdiction allows a state to claim criminal jurisdiction over an accused person regardless of where the alleged crime was committed, especially for crimes of a grave nature, such as genocide. |
| 27 | Erga omnes partes means: (A) Obligations that are so integral to the subject and purpose of the treaty that no reservations or derogations are permissible (B) Obligations arising out of customary principles of international law that states have not objected to (C) Obligations essentially arising after gaining membership of the United Nations (D) Both (A) and (B) |
(A) | Erga omnes partes refers to obligations that are so essential to the treaty’s objectives that reservations or derogations are not allowed, underscoring their universal and binding nature. |
| 28 | Article 44 (a) of the International Law Commission’s Articles on the Responsibility of States for Internationally Wrongful Acts states that “the responsibility of a State may not be invoked if: (a) the claim is not brought in accordance with any applicable rule relating to the nationality of claims.” Can Gambia invoke the principles of state responsibility against Myanmar for Crimes of Genocide? (A) No, as The Gambia cannot fulfill the conditions stipulated in Article 44 (a) (B) Yes, as the nationals of The Gambia have also faced persecution from Myanmar (C) Yes, the Article has no relevance as the Genocide Convention expects the accomplishment of its high purposes. (D) No, Bangladesh is an appropriate state to bring claims and hold Myanmar internationally responsible. |
(C) | The Genocide Convention upholds the responsibility to protect human rights universally, allowing non-injured states to raise claims for the fulfillment of its objectives, making Article 44(a) inapplicable. |
| 29 | Myanmar claims that the reservation by Bangladesh to Article IX of the Genocide Convention not only precludes Bangladesh from bringing a case against Myanmar, but it also bars any “non-injured” State, such as The Gambia, from doing so. Is this claim maintainable? (A) Yes, because Bangladesh is the injured state and its reservation imposes a restriction on dispute itself precluding any state from raising it. (B) No, it does not affect the locus standi of The Gambia as being party to the Convention, it has its own right. (C) No, Gambia can only file the dispute before ICJ after Bangladesh consents to the same. (D) Option (A) subject to (C). |
(B) | The reservation by Bangladesh does not affect The Gambia’s independent standing to bring a case under the Genocide Convention as a signatory with a collective interest in its enforcement. |
| 30 | Myanmar has made a reservation to Article VIII of the Genocide Convention to restrict the competent organs of the UN to take actions under the Charter of the UN as they consider appropriate for the prevention and suppression of acts of genocide. Myanmar claims that since ICJ is the principal organ of the UN, there is a limitation on Article IX. The claim is: (A) Maintainable, as the reservation explicitly prohibits the intervention of UN organs. (B) Not maintainable, as Article VIII concerns the discretionary function which is different from the judicial function of the ICJ. (C) Maintainable, as the two provisions of the treaty i.e., Article VIII and IX are to be interpreted harmoniously. (D) Not maintainable, as ICJ as a successor of PCIJ is regulated by the Statute of ICJ and not the UN Charter. |
(B) | The claim is not maintainable because Article VIII pertains to discretionary actions by UN organs, which differs from the judicial role of the ICJ under Article IX. The ICJ operates under its Statute, separate from the discretionary powers covered by the UN Charter. |
| 31 | Abstract refers to the principle of ‘non-intervention’. Which of the following statements is not true with respect to the principle of ‘non-intervention’ enshrined in Article 2(7) of the UN Charter: (A) The United Nations should not intervene in matters which are essentially within the domestic jurisdiction of any state. (B) The United Nations shall not require the Members to submit such matters which are essentially within the domestic jurisdiction to settlement under the present Charter. (C) The principle of non-intervention shall not prejudice the application of enforcement measures under Chapter-VII of UN Charter. (D) As per the wordings of Article 2(7) of the UN Charter, the obligation with respect to ‘non-intervention’ under this provision applies to both the United Nations and its members. |
(D) | The non-intervention principle primarily restricts the United Nations’ actions in domestic matters of member states, but it does not apply to individual members themselves. This restriction can be bypassed in cases involving international peace and security. |
| 32 | Extract refers to several institutions with law-making power. Security Council may be one such institution. Which of the following statements is not true with respect to the Security Council? (A) Each member of the Security Council shall have one vote. (B) Decisions of the Security Council on procedural matters shall be made by an affirmative vote of nine members. (C) Decisions of the Security Council on procedural matters shall be made by an affirmative vote of nine members, including the concurring votes of the permanent members. (D) Decisions of the Security Council on all other matters shall be made by an affirmative vote of nine members, including the concurring votes of the permanent members, provided that, in decisions under Chapter VI and under paragraph 3 of Article 52, a party to a dispute shall abstain from voting. |
(C) | The correct voting procedure for procedural matters in the Security Council requires only nine affirmative votes without the concurring votes of the permanent members, which is different from substantive matters. |
| 33 | Extract refers to ‘norms and processes reflecting community values’. In this context, Jus cogens norms serve to protect the fundamental values of the international community. Which of the following is not true with respect to jus cogens? (A) It is a norm accepted and recognised by the international community of States as a whole as a norm from which no derogation is permitted. (B) It can be modified only by a subsequent norm of general international law having the same character. (C) A treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm of general international law (Jus Cogens). (D) States are bound by Peremptory norms of general international law (Jus Cogens) only when they have given express consent to it in writing. |
(D) | Jus cogens norms are binding on all states universally, without the need for individual state consent, as they represent fundamental principles of international law. |
| 34 | Article 25 of the UN Charter states, ‘The Members of the United Nations agree to accept and carry out the decisions of the ____ in accordance with the present Charter.’ Which of the following organ(s) of the United Nations is/are being referred to in Article 25: (A) Security Council (B) International Court of Justice (C) Security Council and General Assembly (D) Security Council and International Court of Justice |
(A) | Article 25 of the UN Charter requires all member states to comply with the decisions of the Security Council, giving it binding authority in maintaining international peace and security. |
| 35 | Which of the following statements is not true with respect to ‘customary international law’? (A) In the Asylum case 1950, ICJ declared that a customary rule must be ‘in accordance with a constant and uniform usage practiced by the States in question’. (B) In the North Sea Continental Shelf cases, 1969, ICJ remarked that state practice had to be ‘both extensive and virtually uniform in the sense of the provision invoked’. (C) In the Nicaragua v. United States case, 1986, ICJ said that it was not necessary that the practice in question had to be ‘in absolutely rigorous conformity’ with the purported customary rule. (D) In the Right of Passage over Indian Territory case, 1960, ICJ denied the existence of local custom between the two states. |
(D) | In the Right of Passage case, the ICJ recognized the existence of local custom between India and Portugal, contrary to the statement provided. |
| 31 | Abstract refers to the principle of ‘non-intervention’. Which of the following statements is not true with respect to the principle of ‘non-intervention’ enshrined in Article 2(7) of the UN Charter: (A) The United Nations should not intervene in matters which are essentially within the domestic jurisdiction of any state. (B) The United Nations shall not require the Members to submit such matters which are essentially within the domestic jurisdiction to settlement under the present Charter. (C) The principle of non-intervention shall not prejudice the application of enforcement measures under Chapter-VII of UN Charter. (D) As per the wordings of Article 2(7) of the UN Charter, the obligation with respect to ‘non-intervention’ under this provision applies to both the United Nations and its members. |
(D) | The non-intervention principle primarily restricts the United Nations’ actions in domestic matters of member states, but it does not apply to individual members themselves. This restriction can be bypassed in cases involving international peace and security. |
| 32 | Extract refers to several institutions with law-making power. Security Council may be one such institution. Which of the following statements is not true with respect to the Security Council? (A) Each member of the Security Council shall have one vote. (B) Decisions of the Security Council on procedural matters shall be made by an affirmative vote of nine members. (C) Decisions of the Security Council on procedural matters shall be made by an affirmative vote of nine members, including the concurring votes of the permanent members. (D) Decisions of the Security Council on all other matters shall be made by an affirmative vote of nine members, including the concurring votes of the permanent members, provided that, in decisions under Chapter VI and under paragraph 3 of Article 52, a party to a dispute shall abstain from voting. |
(C) | The correct voting procedure for procedural matters in the Security Council requires only nine affirmative votes without the concurring votes of the permanent members, which is different from substantive matters. |
| 33 | Extract refers to ‘norms and processes reflecting community values’. In this context, Jus cogens norms serve to protect the fundamental values of the international community. Which of the following is not true with respect to jus cogens? (A) It is a norm accepted and recognised by the international community of States as a whole as a norm from which no derogation is permitted. (B) It can be modified only by a subsequent norm of general international law having the same character. (C) A treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm of general international law (Jus Cogens). (D) States are bound by Peremptory norms of general international law (Jus Cogens) only when they have given express consent to it in writing. |
(D) | Jus cogens norms are binding on all states universally, without the need for individual state consent, as they represent fundamental principles of international law. |
| 34 | Article 25 of the UN Charter states, ‘The Members of the United Nations agree to accept and carry out the decisions of the ____ in accordance with the present Charter.’ Which of the following organ(s) of the United Nations is/are being referred to in Article 25: (A) Security Council (B) International Court of Justice (C) Security Council and General Assembly (D) Security Council and International Court of Justice |
(A) | Article 25 of the UN Charter requires all member states to comply with the decisions of the Security Council, giving it binding authority in maintaining international peace and security. |
| 35 | Which of the following statements is not true with respect to ‘customary international law’? (A) In the Asylum case 1950, ICJ declared that a customary rule must be ‘in accordance with a constant and uniform usage practiced by the States in question’. (B) In the North Sea Continental Shelf cases, 1969, ICJ remarked that state practice had to be ‘both extensive and virtually uniform in the sense of the provision invoked’. (C) In the Nicaragua v. United States case, 1986, ICJ said that it was not necessary that the practice in question had to be ‘in absolutely rigorous conformity’ with the purported customary rule. (D) In the Right of Passage over Indian Territory case, 1960, ICJ denied the existence of local custom between the two states. |
(D) | In the Right of Passage case, the ICJ recognized the existence of local custom between India and Portugal, contrary to the statement provided. |
| 36 | ‘Environmental rule of law’ found its reference and recognition for the first time in which of the following? (A) Earth Summit, 2002. (B) UNEP’s Governing Council Decision 27/9, 2013. (C) 1st Africa Colloquium at Nairobi, 2015. (D) Earth Summit+5 |
(B) | The concept of ‘Environmental rule of law’ was first recognized by UNEP’s Governing Council Decision 27/9 in 2013, highlighting its importance in guiding environmental governance. |
| 37 | Which of the following principles of Rio Declaration deal with precautionary approach? (A) Principle 14 (B) Principle 15 (C) Principle 16 (D) Principle 17 |
(B) | Principle 15 of the Rio Declaration incorporates the precautionary approach, advocating for preventative action in the face of environmental risk. |
| 38 | In Environmental Pollution history, Three-Mile Island is referred to for which of the following? (A) Water Pollution (B) Air Pollution (C) Radioactive pollution (D) Noise Pollution |
(C) | The Three-Mile Island incident is associated with radioactive pollution due to a nuclear accident in Pennsylvania, USA, in 1979. |
| 39 | In which of the following cases, Precautionary principle was used for the first time in Indian Environment Law Jurisprudence? (A) Vellore Citizens Welfare Forum v. Union of India. (B) Rural Litigation and Entitlement Kendra v. State of UP. (C) Municipal Corporation, Ratlam v. Vardhichand. (D) Narmada Bachao Andolan v. Union of India. |
(A) | The case of Vellore Citizens Welfare Forum v. Union of India is credited with introducing the precautionary principle into Indian environmental law, setting a precedent for proactive environmental protection. |
| 40 | In which of the following cases, Doctrine of Public Trust was first used in Indian Environmental Law Jurisprudence? (A) Vellore Citizens Welfare Forum v. Union of India. (B) Rural Litigation and Entitlement Kendra v. State of UP. (C) Municipal Corporation, Ratlam v. Vardhichand. (D) M.C. Mehta v. Kamal Nath. |
(D) | The Doctrine of Public Trust was first applied in Indian environmental law in the case of M.C. Mehta v. Kamal Nath, where the court held that natural resources are held by the government in trust for public use. |
| 41 | ‘SA/GPA/WILL’ transfers for the transfer of immovable property lead to: (A) Enabling large scale evasion of income tax, wealth tax, stamp duty and registration fees, thereby, denying the benefit of such revenue to the government and the public. (B) Enabling persons with undisclosed wealth/income to invest their black money and also earn profit/income, thereby, encouraging circulation of black money and corruption. (C) Both (A) and (B). (D) None of the above. |
(C) | The use of SA/GPA/WILL transfers can lead to tax evasion and facilitate the investment of black money, as they avoid formal registration and disclosure processes. |
| 42 | Which of the following is an incorrect proposition? (A) A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property. (B) The power of attorney is creation of an agency whereby the grantor authorises the grantee to do the acts specified therein, on behalf of the grantor, which when executed will be binding on the grantor as if done by him. (C) A will is a posthumous disposition of the estate of the testator directing distribution of his estate upon his death. (D) A will is a transfer inter vivos. |
(D) | A will is not a transfer inter vivos (during the lifetime of the person); it takes effect only after the death of the testator. |
| 43 | Which of the following is a correct proposition as regards an agreement to sell an immovable property? (A) An agreement to sell does not, of itself, create any interest in or charge on such property. (B) An agreement to sell does create an interest in or charge on such property. (C) An agreement to sell, with possession, is a conveyance. (D) An agreement to sell, whether with possession or without possession, is a conveyance. |
(A) | An agreement to sell an immovable property does not transfer ownership or create any interest in the property until a sale deed is executed. |
| 44 | In relation to the sale of immovable property, in Suraj Lamp Industries (P) Ltd v. State of Haryana, the Court held that as per the Transfer of Property Act, 1882: (A) Transactions in the nature of ‘GPA sales’ or ‘SA/GPA/WILL transfers’ do convey legal title in the immovable property. (B) Transactions in the nature of GPA sales are legally and lawfully transferred/conveyed only by a registered deed of conveyance. (C) The Court was in favour of ‘GPA sales’ or ‘SA/GPA/WILL transfers’ as also recognised modes of transfer of immovable property. (D) The Court ruled ‘GPA sales’ or ‘SA/GPA/WILL transfers’ as completed or concluded transfers of ownership in immovable property. |
(B) | The Supreme Court ruled in Suraj Lamp Industries (P) Ltd v. State of Haryana that GPA sales do not transfer legal ownership and that only a registered deed can transfer title in immovable property. |
| 45 | Compulsory registration by certain types of documents ensures: (A) Orderliness, discipline and public notice in regard to transactions relating to immovable property and prevention of fraud and forgery of documents of title. (B) The process of verification and certification of title easier and simpler. (C) Both (A) and (B). (D) None of the above. |
(C) | Property registration serves multiple purposes, including providing public notice of ownership and preventing fraud, which streamlines the verification process. |
| 46 | Which of the following expresses the distinction between a ‘mortgage by conditional sale’ and a ‘sale with a condition of repurchase’? (A) In a mortgage, the debt subsists and a right to redeem remains with the debtor; but, a sale with a condition of repurchase is not a lending and borrowing arrangement. (B) In a mortgage by conditional sale, generally the amount of consideration is far below the value of the property in the market; but, in a sale with a condition of repurchase, the amount of consideration is generally equal to or close to the value of the property. (C) Both (A) and (B). (D) None of the above. |
(C) | The main distinction is that a mortgage by conditional sale allows for redemption by the mortgagor, indicating a debt relationship, while a sale with a repurchase condition is an outright sale agreement with repurchase terms. |
| 47 | Which of the following judgements outline(s) the distinction between ‘mortgage by conditional sale’ and a ‘sale with a condition of repurchase’? (A) Chennammal v. Munimalaiyan, AIR 2005 SC 4397. (B) Tulsi v. Chandrika Prasad, (2006) 8 SCC 322. (C) Umabai v. Nilkanth Dhondiba Chavan, (2005) 6 SCC 243. (D) All the above. |
(D) | All listed judgments have addressed the legal distinctions between a mortgage by conditional sale and a sale with a condition of repurchase, clarifying the legal implications. |
| 48 | The proper remedy for the mortgagee in a ‘mortgage by conditional sale’ is: (A) To institute a suit for foreclosure. (B) To institute a suit for sale. (C) Both (A) and (B). (D) Neither (A) nor (B). |
(A) | In a mortgage by conditional sale, the mortgagee’s remedy is typically to foreclose the mortgage, terminating the mortgagor’s right to redeem the property. |
| 49 | A mortgage is the transfer of an interest in immoveable property for the purpose of securing the payment of money advanced or to be advanced by way of loan, an existing or future debt, or the performance of an engagement which may give rise to a pecuniary liability. (A) Specific or unspecific (B) Specific (C) Identified or unidentified (D) All the above. |
(B) | A mortgage involves the transfer of an interest in specific immoveable property as collateral for a debt or obligation. |
| 50 | The limitation period for filing a suit by a mortgagor to redeem or recover possession of immovable property mortgaged is: (A) Three years (B) Twelve years (C) Twenty years (D) Thirty years |
(D) | The limitation period for a mortgagor to file a suit to redeem or recover possession of mortgaged property is thirty years, as per the Limitation Act, 1963. |
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