Legal Reasoning: Court Rulings on Written Submissions and Marriage Promises
Legal Reasoning: Court Rulings on Written Submissions and Marriage Promises
Directions (Q.66 – Q.105): Read the comprehensions carefully and answer the questions based on it.
Passage (Q.66-Q.71): The Bombay High Court has observed that written submissions in a dispute become
immaterial if the litigant's counsel doesn't rely on them before the Court of the first instance. The Bench
went on to add that those submissions cannot subsequently be used to challenge any order.
"Counsel's failure to argue written submissions is not a ground of review or, I dare say, even appeal. It is
not a ground to assail any order of any Judge of any Court. If the written submissions were to be relied on,
that ought to have been done during arguments, or, at any rate, while judgment was being dictated in open
Court or at best shortly after the judgment or order was uploaded. These never-argued written submissions
cannot be taken in hindsight."
Justice Patel remarked that allowing parties to take grounds in review pleas or in appeals that
werenotargued initially injects an impermissible level of uncertainty into the whole decision-making process.
"They must come to a point when a Court must say enough is enough and they cannot succeed in taking
this ground further.
It was further found that there existed no order for permitting those written submissions.
With this view, the Court went on to dismiss the review petition after imposing a heavy cost of Rs.5 lakh
on the petitioners.
It was further observed that "the purpose of the Court is to make time for a litigant, but no litigant is entitled
to squander or waste the time of the Court. This is as unfair to the Court as it is to other litigants waiting in
line."
[Extracted, with edits and revisions, from “Counsel's Failure To Argue Written Submissions Not A Ground
For Review: Bombay High Court” Sharmeen Hakim, LiveLaw, 16August 2021
66. In a case for division of property between three brothers, the counsel of the first brother had the strongest
case of them all. However, due to oversight on the part of the counsel, he did not plead a sum of his
arguments, leading to the case being adjudicated in the favour of the other two. Would the matter be open
to appeal?
(a) No, as non-pleading of the arguments does not stand as a ground for appeal.
(b) No, as the pleadings missed out have no business being revised.
(c) Yes, as this does not prohibit the party from filing an appeal.
(d) Yes, as non-pleaded arguments in written statement are valid grounds for appeal.
67. In the above case, it also came to light that the counsel for the first brother failed to argue on one of the
most imperative issues at hand and consequently the Sessions Court failed to take cognizance of it.
However it was raised in appeal. Would this be termed as wastage of judicial time by the High Court
respectively?
(a) Yes, amounts to wastage of judicial time, since parties are raising additional grounds in appeal.
(b) Yes, as the Court was misled by inconsequential arguments.
(c) No, as no diversion per se took place.
(d) No, as the Sessions Court did not recognize it as wastage of judicial time.
68. While hearing the appeal, a plethora of ancillary compensation prayers were advanced by the counsel for
the aggrieved, which were not advanced before. The HC termed it as being wastage of judicial time by the
counsel and imposed costs on them. Is the HC correct in doing so?
(a) Yes, as ancillary compensation is immaterial to the issue at hand.
(b) Yes, as ancillary compensation should have been prayed for at the Court of first instance.
(c) No, as ancillary compensation is not immaterial to the matter at hand.
(d) No, as ancillary compensation is compulsory.
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69. During the stage of arguments, one of the counsels for the two brothers failed to argue on one of their most
favorable arguments and as a result, was imposed costs upon. This action of the HC was deemed as being
incorrect. Would this opinion be legally valid?
(a) No, as the HC was correct in imposing the costs on account of wasting the time of the Court.
(b) No, as the HC was within its powers to impose costs.
(c) Yes, as the HC wrongly believed it to be wastage of judicial time.
(d) Yes, as it is not a counsel’s responsibility to argue all the arguments.
70. In a criminal case, pertaining to trespass and burglary, where the trial Courts had given their verdict, the
High Court decided to look into the merits of the case on account of some new evidence coming to light.
Would this stance of the HC be considered as correct?
(a) No, as new evidence does not warrants fresh hearings.
(b) Yes, as new evidence may warrant an appellate Court’s supervision.
(c) No, as new evidence may not warrant fresh hearings.
(d) Yes, as the provisions of Indian Penal Code bestows the High Courts with having the requisite
superintendence over lower Courts.
71. In the above appeal, had there been no new evidence, but new arguments which were not pleaded in
earlier filed written statement for the same matter, would the appeal have been allowed?
(a) No, as new arguments which were not there in earlier written statement cannot be a ground for appeal.
(b) No, as only new evidence can be grounds for appeal.
(c) Yes, as both new evidence and new arguments are grounds of appeal.
(d) Yes, as new evidence and new arguments along with a fresh appeal are grounds for the HC to pay
cognizance to the matter.
Passage (Q.72-Q.77): The Allahabad HC held that under the Hindu rituals and customs, putting vermilion
on the forehead of a woman by a man conveys a man's promise and intention to marry the woman, which
is sufficient enough for a woman to believe that he would in fact, marry her. The Court was hearing the
plea of one who sought quashing of the summoning order passed by the CJM, in a criminal case registered
against him under Section 376 IPC. Further, he also prayed for quashing of Charge sheet/Final Form and
entire proceedings of the case on the ground that in view of the contents of the FIR, it was evident that
complainant/victim had consensual sex with him. The accused allegedly refused to marry her on the ground
that since the daughters from the man's family are married in the family of the girl, and therefore, a girl
couldn't be brought from that family, where they have already given their daughters through an alliance of
marriage. The prosecution submitted that the accused/applicant had performed a ceremony with the
woman, called "Maangbharai”, which is an important step under Hindu Traditions and Culture leading
towards the marriage-("Saptpadi"). Therefore, it was argued that in the name of this ceremony, a false
promise to marry was made as it was a sort of consummation of marriage with the victim. Lastly, it was
also contended that the accused knew it from the beginning about his family tradition and therefore, despite
knowing this family tradition the assurance given by the accused to obtain the consent of the victim cannot
be said to be consent free of any blemishes. After hearing the contentions of both accused and victim High
Court refuses to quash FIR U/s 376 IPC and held that“putting vermillion on victim's forehead shows man's
intention to marryher and having sex on false promises to marry amount to rape.
72. P was boyfriend of G. Both liked each other and had a plan to marry after one year. One day, G saw P with
same another girl who was sitting beside him on a bench and both were having a conversation joyfully. G
immediately broke up with him saying he cannot cheat on her like that. To concretize his loyalty and love
towards her P put vermillion on her forehead saying “I will always be yours”. One year later G’s marriage
was fixed with a businessman M and she got married. P filed a complaint against G. in the light of the
above passage, choose the correct option. Whether there was any intention to marry?
(a) Construing to the passage, it is not given in the facts that P and G ever had consensual sex and thus
G is not liable to be alleged.
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(b) Putting vermillion on the forehead means a promise to marry someone immediately as it is an integral
part of Hindu customs.
(c) Putting vermillion on the forehead cannot act as a guarantee of marrying someone construing to
inevitable circumstances.
(d) Having a joyful conversation with another girl is not cheating and putting vermillion shows a mere
intention to marry.
73. H and P were batch mates in the college and were in the final year.They were planning to get married after
a year of the college. H and P were involved in consensual sexual relationship on the false pretext of them
getting married. However, H liked a girl S in his college and after a year, he married with her leaving P. P
filed a complaint of rape against H.
(a) H cannot file a complaint of rape as the sexual relationship between the two was consensual.
(b) H having a mere latent attraction to marry S cannot expose H to a rape accusation as the sexual
relationship between H and P was consensual.
(c) H has the right to marry anyone he wants because mere sexual relationship which is consensual cannot
act as a guarantee of marriage between the two individual.
(d) Having a hidden intention to marry another girl can expose H to a rape accusation.
74. M and W were husband and wife. M was an adulterous man and had an affair with another woman named
D. one day having boozed and quite intoxicated, having the consensual sexual relationship between them,
M put vermillion on D’s head and said that now you are my soulmate which D denied as she didn't want to
get married with him but wanted sexual relationship only. That time they were caught red handed by M’s
wife and now W accused both of them to be married. In the light of the passage, point out the correct
option.
(a) According to the passage and construing to the facts given, applying only vermillion and not resorting
to Saptpadi is not marriage.
(b) Construing to the passageapplying vermillion is an indication of concrete intention to marry and thus
liable to be accused both of them.
(c) As D didn't want to get married and only wanted sexual favors mere application of vermillion on the
forehead cannot be a concrete evidence of an intention to marry.
(d) Notwithstanding to the refusal to marriage applying vermillion and having sexual relation with the
woman can be a ground of rape.
75. E and R were relatives but of the same age group. R’s family daughters were married to E’s family. E and
R liked each other but E was aware of the tradition that they cannot get married as the daughters of R’s
family were married to E’s family. However, ignoring the fact, she invited R to have a sexual relationship
with her and construing to this and unaware of the family traditions, the allowed the same and in fit of
emotion put vermillion on E’s forehead which she didn't like as she considered it as a guarantee of marriage
which was possible and accused R for raping her.
(a) There was a consensual sexual relationship between E and R and thus R was not liable to be accused
of rape.
(b) Applying vermillion lead R to bear the consequences of allegation of rape.
(c) As construing to the passage, if a girl is herself inviting to have a relationship with her, however not
intending to marry the man, he is not liable to be accused of the same.
(d) E knew the customs of the family and still invited R for the same, thus she was liable for not construing
to the customs and was not justified in accusing R however application of vermillion in fit of emotion
was not justified.
76. In the light of the above passage, choose the best interpretation of the passage.
(a) Applying vermillion to the forehead in any circumstance is a guarantee to marry someone.
(b) Vermillion and Saptpadi are the two major components of Hindu marriage in any condition.
(c) Having a clandestine intent and only mere applying of vermillion can lead to accusation of rape as it is
assumed that marriage also includes consummation i.e. sexual intercourse.
(d) Applying vermillion on forehead and giving false promises is not justified and leads to allegations of
rape.
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77. In the light of the above passage choose out the incorrect interpretation of the passage.
(a) Applying vermillion on the forehead is the depiction of a mere intention of marrying someone.
(b) Saptpadi without applying vermillion cannot be a legit Hindu marriage.
(c) Applying vermillion on the forehead of a rape victim by the accused can nullify the effect of section 376
of IPC.
(d) Construing to the passage, faking promise and having clandestine intentions can lead to liability under
certain legal consequences.
Passage (Q.78-Q.82): “Slavery comes in all forms, and in recent times of technological advancement, data
collection encompasses digital inequality and the illegality of a new era. The right encompasses certain
rights of correction and erasure namely the right to (i) correct inaccurate or misleading personal data, (ii)
to complete any incomplete personal data, (iii) update personal data that is out-of-date, and (iv) erase
personal data which is no longer necessary for the purpose for which it was processed. Moreover, right to
erasure did not circumferent the bill of 2018, but only emanated in the Personal Data Protection Bill of 2019
which talks about erasure of personal data belonging a data principal held any data fiduciary if the data
doesn’t serve any purpose as it violates right to privacy which is a fundamental right of a person under
Article 21 of the constitution.”
78. Consider this factual situation and answer the questions that follow:
On the State of Madhya Pradesh’s R.T.O. website, there is a tab that enables any person to find their
vehicle details along with residential details of vehicle owners by entering the vehicle registration number.
Anirudh Wadhwani wishes to approach the High Court of Madhya Pradesh for this free availability of vehicle
owners’ residential addresses.Decide whether the writ petition can sustain on the grounds of right to
privacy.
(a) Yes, the petition is sustainable because a man’s home is his castle and his address needs to be
protected in all circumstances.
(b) No, the petition is based on false assumption that right to privacy is a fundamental right, which in reality,
is not a fundamental right as per any Article of Indian Constitution.
(c) No, the petition is a publicity stunt and no such case is sustainable.
(d) Yes, the petition is sustainable as right to privacy is a fundamental right as per India Constitution and
publicly making available such data is a breach to the same.
79. Jessica, a 23-year-old engineering student, was texting with her boyfriend, who happens to be a union
minister in central government. All of a sudden, her mother walks in Jessica’s room only to find out that
she was blushing on her phone while texting someone. Jessica’s mother tried to ask Jessica to give the
phone to her, so that she could read the chats, to which Jessica refused. Her mother got aggrieved and
went to file an R.T.I. against her daughter asking for details of the chats in her phone between Jessica and
her boyfriend. Decide whether the R.T.I. is maintainable.
(a) No, the R.T.I. is not maintainable because Jessica’s boyfriend is a union minister in central government
and a minister is immune to R.T.I. under Indian law.
(b) Yes, Jessica’s mother has every right to read Jessica’s chats because of the fact that she raised her
and loves her so much, hence the R.T.I. is maintainable.
(c) No, the R.T.I. is not maintainable because by way of this R.T.I. application, Jessica’s mother is trying
to breach the privacy of her daughter.
(d) Yes, this R.T.I. is in public interest as it has the chats of a union minister which is a public record.
80. Rekha and Amitabh who live in Pitampur are about to get married on 02.10.2022. Onthe night of
30.09.2021, Amitabh fell seriously ill and had to be admitted in S.R.K. Hospital overnight. He had severe
fever and body ache. The doctor recommended blood test to reveal the cause. Amitabh agreed for the
same and submitted his blood samples to Being Human Pathology Lab. When the blood test reports came
out, it was found to everyone’s surprise that Amitabh is HIV Positive. Dr. Reddy, who was treating Amitabh,
told Rekha about Amitabh being tested HIV Positive. Rekha, being a selfish human, decided not to marry
Amitabh and left him forever. Amitabh is aggrieved by this and wants to know your legal opinion on this
matter. Decide.
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(a) Amitabh should go ahead and file a case of criminal conspiracy against Dr. Reddy, S.R.K. Hospital and
Being Human Pathology Lab as he is being framed in all this.
(b) Amitabh should calm down and let karma take revenge.
(c) Amitabh has no legal remedy available for breach of privacy because disclosure of such information to
partner who one is about to marry is bonafide in nature and is an exception to the right to privacy.
(d) Amitabh’s right to privacy is breached and hence, Dr. Reddy is liable for the same.
81. Rekha, a resident of Pitampur, falls ill one night and had to be admitted in S.R.K. Hospital overnight. He
had severe fever and body ache. The doctor recommended blood test to reveal the cause. Rekha agreed
for the same and submitted her blood samples to Being Human Pathology Lab. When the blood test reports
came out, it was found to everyone’s surprise that Rekha is HIV Positive. Dr. Reddy, who was treating
Rekha, distributed fliers in Rekha’s workplace, stating that Rekha is HIV Positive and that everyone should
maintain distance from her. When Rekha went to her office the next week, she was astonished to notice a
change in everyone’s behavior towards her and was aggrieved by Dr. Reddy’s act of distributing fliers in
her office announcing that Rekha is HIV Positive. Rekha came to you for legal opinion on this situation.
Decide.
(a) Dr. Reddy wanted to ensure minimal spread of HIV and hence his actions are protected under The
Indian Medical Council Act, 1956.
(b) Rekha’s co-workers have right to information under which it is necessary for them to know Rekha’s HIV
status.
(c) Dr. Reddy has breached Rekha’s right to privacy as he has publicly announced about her HIV status.
This act is in clear violation of Article 32 of Indian Constitution.
(d) Dr. Reddy has breached Rekha’s right to privacy as he has publicly announced about her HIV status.
This act is in clear violation of Article 21 of Indian Constitution.
82. The Personal Data Protection Bill, 2019 was introduced in LokSabha by the Minister of Electronics and
Information Technology, Mr. Ravi Shankar Prasad, on December 11, 2019. Which of the following
statements is TRUE about this bill?
(a) The Bill seeks to provide for protection of personal data of individuals, and establishes a Data Protection
Authority for the same.
(b) The Bill allows processing of data by fiduciaries without any consent provided by the individual under
all circumstances.
(c) Sensitive personal data may be transferred outside India for processing without any consent by the
individual.
(d) The Bill amends the Information Technology Act, 1964 to delete the provisions related to compensation
payable by companies for failure to protect personal data.
Passage (Q.83-Q.88): In a judgment delivered on Wednesday (15 September 2021), the Supreme Court
explained the difference between culpable homicide under Section 304 of the Indian Penal Code and
murder under Section 300 IPC.
The court observed that, though it is difficult to distinguish between culpable homicide and murder as both
involve death; there is a subtle distinction between intention and knowledge involved in both the crimes
"This difference lies in the degree of the act. There is a very wide variance of the degree of intention and
knowledge among both the crimes.” the bench observed, while stating the following points to be kept in
mind;
(i) Nature of the weapon used;
(ii) Whether the weapon was carried by the accused or was picked up from the spot;
(iii) Whether the blow is aimed at a vital part of the body;
(iv) amount of force employed in causing injury;
(iv) whether the act was in the course of a sudden quarrel or sudden fight or free for all fight;
(vi) whether the incident occurs by chance or whether there was any premeditation;
(vii) whether there was any prior enmity or whether the deceased was a stranger;
(viii) whether there was any grave and sudden provocation, and if so, the cause for such provocation;
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(ix) whether it was in the heat of passion;
(x) whether the person inflicting the injury has taken undue advantage or has acted in a cruel and unusual
manner;
(xi) whether the accused dealt a single blow or several blows.
The above list of circumstances is, of course, not exhaustive and there may be several other special
circumstances with reference to individual cases which may throw light on the question of intention."
83. Greg Chappel was the boss at the place where Virender and Saurav used to work. They were equally good
employees who were efficient at their jobs and were up for the same promotion. After the evaluation,
Chappel dropped Saurav out of the workforce and appointed Virender to the promoted position. This
infuriated Saurav, who had murder on his mind, and he decided to confront Greg carrying a knife. To his
dismay, as Virender was dressed exactly like Greg, Saurav mistook him for Greg and stabbed him from
the behind. This resulted in Virender’s death and Saurav was sued for manslaughter. What offence would
Saurav be liable for?
(a) Culpable homicide as he did not intend to kill Virender
(b) Murder as his intention to kill was irrelevant, a death still took place.
(c) Culpable homicide as he only intended to injure and not kill.
(d) Murder as a stabbing wound would almost certainly kill a person.
84. In the above case, had Saurav not decided to confront Greg but had seen him in the bar where he was
sitting and was suddenly provoked due to seeing his former employer, would the act of stabbing Greg be
considered as murder, if Greg succumbs to his wounds?
(a) No, as Saurav was clearly under a grave and sudden provocation.
(b) No, as Greg provoked a disgruntled employee.
(c) Yes, as there is no apparent provocation present here.
(d) Yes, as Gerg succumbs to his wound.
85. Gautam was a senior employee at the firm, close to retirement, who also had a heart condition which made
him sensitive to loud sounds and sudden surprises, this was known by everyone. Manish was an energetic
young employee at the same firm who was always ecstatic and jumping around. One fine day, while
working in his office, Gautam heard a knock, upon telling the person to come in, he saw Manish enter.
Whilst talking to Gautam, Manish removed his headphones which were blaring loudly. When he reached
to pause the music, his headphones got disconnected and disturbingly loud music started playing which
took Gautam by surprise and Gautam’s heart gave out on the spot. What is Manish liable of here?
(a) Manish is liable of Murder as he was well versed with Gautam’s condition.
(b) Manish is liable of Culpable homicide as he did not intend to kill Gautam.
(c) Manish is not liable because he is a person of goof heart and he also tried to pause the music.
(d) Manish is not liable at all as has no intention to kill Gautam.
86. Sreesanth and Bhajji were two hot and cold friends. One day while working at the firm, Sreesanth failed to
do a task that Bhajji asked him to do. This led to Bhajji getting infuriated at Sreesanth, and in the heat of
the moment, he slapped Sreesanth. What he did not realise was that Sreesanth suffered from severe
insecurity and inferiority complexand he suffered an anxiety attack due to this, which resulted to his death
due to a cardiac arrest. Can Bhajji be held liable for murder here?
(a) Yes, as being a friend he should know about his condition.
(b) No, as Bhajji could not have possibly anticipated such a severe reaction to a mere slap.
(c) Yes, as any prudent man would die of shame anyways if he were to be slapped by a senior in front of
their peers.
(d) No, as this is a case of culpable homicide not amounting to murder.
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87. Sachin was the foreman in the company’s warehouse, and commanded a team of up to 200 workers under
his belt. One such worker under his command was Shoaib, who sued to manage the hooks on the cranes.
One day, while asking for a hook, Shoaib bumped into Sachin and instead of apologising, antagonised
Sachin, which resulted in a scuffle between the two. In the course of the fight, Sachin got very angry at
Shoaib’s attempts to get the hooks from where Sachin was managing the whole affair. This resulted in
Shoaib being slapped by Sachin, who then landed on a hook and died instantaneously. Can Sachin be
held liable for culpable homicide?
(a) No, as the act of slapping Shoaib could not have resulted in a foreseeable death.
(b) Yes, as Sachin clearly possessed an enmity towards Shoaib.
(c) No, as Shoaib had clearly provoked Sachin in this case.
(d) Yes, as death of Shoaib is the end result of Sachin’s act.
88. Inzybhaijaan was another worker under Sachin, working in the deliveries section. Good at handling
deliveries, Inzy made up for his unhealthy physique by working hard and managing the floor while standing
in one place. One day, while managing the pitch floor, Monty, another worker, saw him merely standing,
and called him ‘fat’ which resulted in Inzy tripping over the three boxes behind him. This led to Inzy running
towards Monty and pushing him, making him fall on a stump and dying instantly. Inzy was sued for murder.
What defense can he avail?
(a) Murder weapon not being involved by him.
(b) Possessing no intention to commit murder.
(c) Being provoked by Monty.
(d) All of the above.
Passage (Q.89-Q.94): The Supreme Court on Tuesday held that educational qualification is a valid ground
for classification between persons of the same class in matters of promotion.
In the judgment delivered in the case the bench held that such classification on the basis of educational
qualification is not violative of Articles 14 and 16 of the Constitution.
Holding so, the Court upheld the validity of separate eligibility conditions for promotion to Supernumerary
Assistant Engineers having diplomas and degrees in Kolkata Municipal Corporation.
(i) Classification between persons must not produce artificial inequalities. The classification must be
founded on a reasonable basis and must bear nexus to the object and purpose sought to be achieved
to pass the muster of Articles 14 and 16;
(ii) Judicial review in matters of classification is limited to a determination of whether the classification is
reasonable and bears a nexus to the object sought to be achieved. Courts cannot indulge in a
mathematical evaluation of the basis of classification or replace the wisdom of the legislature or its
delegate with their own;
(iii) Generally speaking, educational qualification is a valid ground for classification between persons of the
same class in matters of promotion and is not violative of Articles 14 and 16 of the Constitution;
(iv) Educational qualification may be used for introducing quotas for promotion for a certain class of
persons; or may even be used to restrict promotion entirely to one class, to the exclusion of others;
(v) Educational qualification may be used as a criterion for classification for promotion to increase
administrative efficiency at the higher posts; and
(vi) However, a classification made on grounds of educational qualification should bear
89. Ramesh and Suresh work in the public works department along with 3 others, are in the race for a
promotion. Both of them have multiple years of practical experience, and due to the same, most people
are sure that the promotion would be allotted to either one of them. However, the promotion is instead
allotted to a man with a comparatively less experience, justifying it by saying that only he fulfilled the
requirement of a Masters' degree. Ramesh and Suresh are enraged, and take the matters to Court. Will
their action be successful?
(a) No, their action will not be successful as the other person is more qualified.
(b) Yes, owing to their skill, is a reasonable classification which cannot be established between them.
(c) Yes, as appointing the person with less experience would not achieve the object of the position, and
hence is not valid reasonable classification.
(d) None of the above.
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90. If in the situation given above, Ramesh & Suresh do possess Masters' degree, yet still are not able to
achieve the promotion as the criteria of the position requires that the person should possess a degree in
Water Conservation from ABC University as a part of their water conservation initiative. Will this action be
valid?
(a) Yes, as it is a reasonable classification based on educational classification.
(b) No, as a degree of a specific institute will not count as reasonable classification.
(c) No, as a degree in water conservation does not bear a nexus to the object sought to be achieved.
(d) Yes, as educational qualification may even be used to restrict promotion entirely to one class.
91. Suvadhish was a Brahmin pandit of the highest class, considered to be highly learned in his community.
Jagdish was his arch rival, another pandit, albeit lower in class than Suvadhish and considered to be a little
less learned. They both were up for the same job in Jal Board of MP, as the regional supervisor. However,
due to his higher level of education that his caste warrants him with, Suvadhish got the job, is his
appointment fair in nature?
(a) No, as the Jal Board had equitably given both of them an equal opportunity.
(b) Yes, as they were both discriminated between by the matter of their caste.
(c) No, as Suvadhish was given the appointment on account of his learnedness.
(d) Yes, as Jagdish has been inequitably treated in this matter.
92. In the above case, had the position in Jal board been reserved for only the Brahmins of the class that
Suvadhish belonged to, would the same entitle Jagdish to relief under articles 14 and 16?
(a) No, as the class of the Brahmins does not fall under any class based discrimination.
(b) Yes, as the class bifurcation clearly differentiates between the two.
(c) No, as no authority for redressal has been mentioned above.
(d) Yes, as Jagdish was discriminated against on unfair grounds.
93. In the aforementioned case, had the differentiation been made on the basis of the education that the
different categories offered, and not the categories themselves, would the same count as being
discriminatory?
(a) No, as the differentiation has been made on the basis of education.
(b) Yes, as the differentiation has been made on the basis of caste.
(c) No, as it does not qualify as being discrimination as it does not disqualify anyone from the post.
(d) Yes, as the differentiation has been made by disqualifying Jagdish from the position.
94. What is meant by the phrase, "Classification between persons must not produce artificial inequalities."?
(a) The classification should be based on natural differences only, such as gender, intelligence, etc.
(b) The classification can only be between natural persons, and not legal entities.
(c) The reasonable classification should not create inequalities that do not exist.
(d) Both A & B are correct.
Passage (Q.95-Q.100): The Bombay High Court has asked the Maharashtra Government to file a "better
affidavit" regarding the steps to vaccinate mentally-ill homeless wanderers against Covid-19, instead of
merely stating the number of inmates vaccinated in psychiatric institutions. A division bench of Chief Justice
Dipankar Datta and Justice GS Kulkarni said that the State appears to have vaccinated 1,761 persons of
unsound mind in institutions, where their families could consent for the vaccine. Previously, the High Court
had asked the Centre and State to reconsider a standard operating procedure (SOP) to vaccinate the
'floating population' of mentally ill homeless persons, beggars. The bench had also suggested permanent
tattoos for such persons after inoculation. On Monday, "We can't vaccinate them on the road. They are
taken to a shelter and then vaccinated there," he said adding that consent would be required. "Take the
case of the mentally ill. If we allow him to decide, he can be a threat to society. So why don't you come out
with a policy of how you plan to vaccinate the mentally ill," the Chief Justice said. In response to Singh's
submissions that Section 100 of the Mental Health Care Act casts a duty on police officers to identify such
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mentally unsound people and unite them with their families, the court sought to know if it was being
implemented. "Whether these steps are being taken?" the bench asked the State to elaborate in their
affidavit. "We notice that the affidavit is silent on the point of those mentally ill persons who are either
homeless or found wandering in the community," the court observed.
95. PVZ was reputed state governmentwho took the charge of vaccinating all the beggars across the streets
of the state. The state government was managing its vaccination centers efficiently. After vaccination, it
took the liberty of tattooing the beggars’ wrist as an indication of a successful inoculation. However, they
didn't bother to take consent of their families. A legal enthusiast filed a complaint against the PVZ state
government for not doing its work efficiently. In the light of the passage, opt out the correct option.
(a) According to the passage, the state government was doing its work efficiently as it had construed to
the guidelines of the court.
(b) According to the passage, the state government has not fully construed to the guidelines of the court
regarding the vaccination.
(c) The state government should have taken the consent of the beggars’ families before vaccination,
though not essentially important.
(d) According to the passage, the tattooing was to be done before the inoculation.
96. The state government construed to fulfilling the conditions of vaccination of the beggars and the mentally
ill and homeless people. It initiated many vaccination centers across the state for the same. Beggars were
taken to the centers after rehabilitation with their families and a temporary tattooing was done in their hands
so that they could get inoculated second time. Same was done for the mentally ill patients and homeless
people. However, it was seen that there was no decrease in the cases of deaths among those sections of
society. In the light of the passage, opt out the most appropriate option.
(a) According to the passage given the state government had construed to the basic guidelines of the
vaccination process.
(b) The state government has partly construed to the guidelines of the ort regarding the vaccination
according to the passage.
(c) Inoculation for the second time was not done according to the guidelines of the court construing to the
passage.
(d) Inoculation process was not done in accordance with the guidelines of the court.
97. P was a homeless man. He took the responsibility of a mentally ill girl of 16 years of age named G who
was thrown out of the house because of her mental condition. Inoculation process was going on across the
state and he was also asked for the same along with the girl. Homeless man families had no connection
with him thus the agreed to get vaccinated. He argued about G that her family has thrown her out of the
house having no connections with her and thus she must get vaccinated upon his consent. The doctors
denied and searched the home of G before inoculation to take her family's consent. In the light of the
passage, choose the correct option.
(a) According to the passage, she must get inoculated after the volunteers have obtained the consent.
(b) Homeless man cannot act as a guardian to give consent as consent of her family was important.
(c) Homeless man can give consent on behalf of her as she was mentally ill.
(d) Volunteers could vaccinate her without anyone’s consent only if she was mentally ill and not homeless.
98. E was a mentally ill homeless beggar. He wandered across the streets of Bombay every day. During the
inoculation drive as he was taken to the vaccination camp where he resisted several times from taking
vaccine. At last he was forcefully taken to the camp and was vaccinated. In the struggle to escape the got
very nervous and after the inoculation he got a cardiac arrest and died. In the light of the passage, describe
the liability of the volunteers who were vaccinating him.
(a) The volunteers should have managed the situation wisely and thus preventing the same from dying of
cardiac arrest.
(b) The volunteers have construed to the guidelines of the court during the vaccination.
(c) The volunteers need not to get the consent of mentally ill’s family but the person’s consent is an
important factor.
(d) The volunteers were not justified in making the beggar nervous by forceful taking to the camp and
should have dealt with him sensibly.
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99. In the light of the above passage, choose the most appropriate interpretation of the passage.
(a) The inoculation process has to be construed to the guidelines of the court regarding the tattooing after
the same.
(b) The tattooing process has to be mandatorily done after the inoculation.
(c) Mentally ill patients are not required to be obtained with the consent of the family however could be
reunited with family if possible.
(d) Homeless and unsound mind people’s reunion is not an important factor in the process of vaccination.
100. “If we allow him to decide, he can be a threat to society”. In contrast of the above passage, opt out the
correct interpretation of this line.
(a) Homeless people are a threat to society as they are vulnerable to indulge in criminal activities.
(b) Mentally ill people are vulnerable to be infected more than that of normal people.
(c) Mentally ill people transmit disease faster than the normal people.
(d) Mentally ill people and homeless people must get reunited with their families before inoculation so they
don’t be a threat to other people during the process.
Passage (Q.101-Q.105): The Supreme Court has issued notice on a special leave petition which has
raised the argument that criminal proceedings cannot continue after exoneration in departmental enquiry
on the same allegations. The special leave petition is filed against a judgment of the Madhya Pradesh High
Court which held that exoneration in departmental proceeding does not entitle an employee to seek
quashing of criminal proceedings. A bench of Justice Virender Singh of the High Court had referred to the
Supreme Court judgment in State (NCT of Delhi) vs Ajay Kumar Tyagi (2012) 9 SCC 685 to dismiss the
employees plea to quash the proceedings under Section 482 CrPC. Challenging the High Court verdict,
Senior Advocate Siddarth Dave, appearing for the petitioner, relied upon the judgment of the Supreme
Court in Ashoo Surendranath Tewari Vs. Deputy Superintendent of Police, EOW,CB to argue that criminal
prosecution cannot proceed against the petitioner after being exonerated in a departmental proceeding
for the same allegations. In the said judgment, a 3-judge bench led by Justice RF Nariman had held that
in case of exoneration in departmental proceedings on merits and where the allegation is found to be not
sustainable at all and the person held innocent, criminal prosecution on the same set of facts and
circumstances cannot be allowed to continue. Taking note of the precedent, a bench comprising Justices
L Nageswara Rao and BR Gavai issued notice in the special leave petition and stayed the operation of the
impugned judgment. Source Name - Live Law
101. P was the commissioner.. He was accused of bribery and extortion from a politician making it a high profile
case. The matter with an immediate effect went to the court when the departmental proceeding was going
on. The criminal proceeding was in process and the inspector was convicted of the same on Wednesday
at 11 AM IST. The departmental proceeding concluded on Wednesday 10 AM IST and P was exonerated
from the charges of the bribery and extortion. In the light of the passage, choose the correct option.
(a) As P was exonerated in the departmental proceeding, the proceeding against him in the court can
continue as it was pronouncing the judgment in the matter.
(b) As the court’s judgment was given in the case of the same and thus the departmental proceeding
exoneration order cannot suffice the same.
(c) The departmental proceeding was more important factor to prove the guilt of the accused before going
to the court.
(d) P exonerated in the departmental proceeding has no liability to get convicted in the court’s decision.
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102. T was commissioner of police who was alleged to have taken the bribe from the tv actor for not arresting
him in hit and run case and the proceedings were going on regarding the same. T was accused of not
discharging his official duty in a particular area in which the matter was in the court and the proceeding
was going on in the proceeding department. The commissioner was convicted under the hit and run bribery
case and was also going to be convicted in the 2nd case also. However, next day before the judgment was
to be pronounced, T was exonerated from the proceeding and thus the conviction of T was argued to be
void. In the light of the passage, choose the correct option.
(a) T was convicted by the court but he was exonerated by the department.
(b) However T was convicted by the court, he was exonerated by the proceeding department before the
judgment thus, and he was not liable to be convicted.
(c) The judgment and the proceeding department orders were on different pedestal.
(d) The judgment in the bribery case will suffice over the proceeding department order.
103. Departmental proceedings were going on in a case where the police superintendant was accuses of open
firing on a mob. The criminal proceeding was going on and so as, the departmental proceeding. In the
same, he was found guilty of the same and was suspended from the duty with an immediate effect. On the
same day, the court found the SP and acquitted him. The police superintendant filed a petition against the
orders of the departmental inquiry. In the light of the passage, choose the correct option.
(a) The petition shall not be entertained.
(b) The petition has no ground to suffice as the departmental inquiry has found him guilty and after the
same, the court cannot resume its proceedings against the same.
(c) The petition could have entertained if the court had acquitted him before the departmental inquiry.
(d) It is an arbitrary for departmental inquiry to determine to suffice the acquittal as the same was done in
similar timing.
104. In the light of the above passage, choose the correct interpretation of the passage.
(a) The exoneration from the departmental enquiry can suffice the high court’s order.
(b) The exoneration of the person from the departmental proceedings can impact the criminal trial going
on against accused.
(c) The high court can use its inherent power to reverse the order or suffice the order of prior departmental
proceedings.
(d) The high court cannot use its inherent power to dismiss the plea after the orders of the departmental
proceedings.
105. In the light of the above passage, choose the incorrect option.
(a) The high court’s inherent power can be used to nullify the subsequent order of proceedings of the
department.
(b) High court’s inherent power has to be used judiciously construing to the essence of natural justice in
the case of departmental proceedings.
(c) The prior exoneration of the accused from the departmental proceeding is mandatorily be abide by the
high court in its subsequent orders.
(d) The exoneration of the accused has to be mandatorily abided by the court in any circumstance.
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bilateral and multilateral hydrogen initiatives in impliesthat arguments on written submissions are
other fora. argued but has not been sum up by council therefore
• Climate Adaptation, Resilience, and C is the correct answer. As argument on written
Preparedness for increasing the Indo-Pacific submission has been made thus, options A and B
region’s resilience to climate change by are incorrect. Option D is incorrect as that is
improving critical climate information-sharing precisely what a passage opposes since Para 2 line
and disaster-resilient infrastructure. 1 clearly states that counsel’s failure to argue written
• Apart from this, Quad countries intend to update submissions is not a ground for appeal.
or communicate ambitious NDCs (Nationally 67. (a) is correct, as by the last paragraph of the passage,
Determined Contributions) by COP26. “The purpose of a Court is to make time for a litigant.
60. (a) The idea of Quad was first mooted by Japanese But no litigant is entitled to squander or waste the
Prime Minister Shinzo Abe in 2007. However, the time of the Court.”OptionB talks about
idea couldn’t move ahead with Australia pulling out inconsequential arguments being wastage of judicial
of it, apparently due to Chinese pressure. In time which cannot be interpreted from the above
December 2012, Shinzo Abe again floated the passage.. Option C is incorrect as whether a
concept of Asia’s “Democratic Security Diamond” diversion did or did not take place is not verifiable.
involving Australia, India, Japan and the US to Option D is incorrect asthe question is with respect
safeguard the maritime commons from the Indian to the fact whether High Court can regard this as
Ocean to the western Pacific. In November 2017, wastage of judicial time by High Court, however this
India, the US, Australia and Japan gave shape to the option relates to Session Court, thereby logically
long-pending "Quad" Coalition to develop a new incoherent. . Thus, Option A is the correct answer.
strategy to keep the critical sea routes in the Indo- 68. (b) is correct. The passage does mention that allowing
Pacific free of any influence (especially China). parties to take grounds in review pleas or in appeals
61. (b) The Mid-day Meal Scheme (under the Ministry of that were not argued initially wastes the time of the
Education) is a centrally sponsored scheme which Hon’ble Court, here in this case the facts are aptly
was launched in 1995. clear that prayer for ancillary compensation was not
62. (c) The government had opened pre-schools called advanced before, hence it cannot be argued upon at
Balvatikas attached to angandwadis. a later stage. Thus if the court termed this act as
63. (d) • The Mid-day Meal Scheme (under the Ministry leading to wasting to time of the court and imposed
of Education) is a centrally sponsored scheme fine on the, then the decision of the Court was
which was launched in 1995. correct. Thereby making option c and d incorrect.
• It is considered as the world’s largest school Further option d states that ancillary compensation
meal programme aimed to attain the goal of is necessary but is devoid of legal reasoning for it
universalization of primary education. does not state how and why. Same is with option a
• Provides cooked meals to every child within the and c as the option fails to address why is it
age group of six to fourteen years studying in immaterial.
classes I to VIII who enrolls and attends the 69. (c) is correct. In an appeal the Court cannot impose
school. costs on the litigants for not arguing on a certain
• If the Mid-Day Meal is not provided in school on argument in accordance with their written
any school day due to non-availability of food submissions. Thus, Options B & A are incorrect.
grains or any other reason, the State Option D is incorrect because counsel’s
Government shall pay food security allowance responsibility is to win the case and option D is
by 15th of the succeeding month. irrelevant on account of not being mentioned in the
64. (a) TithiBhojan is a community participation programme passage. Option c is incorrect for the passage aptly
in which people provide special food to children on states wastage of time of court happens when a
special occasions/festivals. matter not argued before is brought in appeal or
65. (d) The scheme will cover 11.8 crore students enrolled review, here in this case the facts do not mention that
in classes 1 to 8 in over 11.2 lakh schools across the matter was reviewed or appeal. Hence we can state
country. It has a provision for supplementary wrongly believed it to be wastage of judicial time.
nutrition for children in aspirational districts and 70. (b) is correct. As new evidence has been brought to
those with high prevalence of anaemia. A nutrition light, the High Court being the appellate authority for
expert is to be appointed in each school whose Trial Courts, possess the power to bring such a case
responsibility is to ensure that health aspects such within their jurisdiction. In this case, the basis of the
as Body Mass Index (BMI), weight and haemoglobin appellate Court’s consideration is the fact that new
levels are addressed. The central government will evidence has been brought to light and not that some
ensure Direct Benefit Transfer (DBT) from states to arguments have not been pleaded for. Thus, Option
schools, which will use it to cover cooking costs. A and C are incorrect on account of mentioning fresh
hearings and not appeals. Option D is irrelevant on
SECTION – C: LEGAL REASONING account of not being mentioned in the passage
above, and thus not concerned with the question at
66. (c) is correct. In the passage it is clearly mentioned that hand. Thus, Option B is the correct answer.
“Counsel’s failure to argue written submissions is not 71. (a) is correct. As has been reiterated in the entire
a ground of review or, I dare say, even appeal.” As passage, introduction of new arguments that have
in question No. 1 it is clearly stated that that council not been argued in the original written submissions
did not plead a sum of his arguments which cannot be a ground for an appeal, on account of
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wasting the Court’s time. Thus Options C & D are Option (c) is incorrect because it is not legit to assert
incorrect, as the question clearly mentions that there that marriage means consummation in all cases and
is no such new evidence and an appeal for new thus it cannot be the ground for rape.As option D is
arguments would not be sustained. Option B is incorrect since option B is more closely related to
incorrect because the passage does not state that passage hence will exclude option D.
only new evidence can be a ground for appeal. Thus, 77. (c) is correct because it is not the ground for the nullity
Option A is the correct answer. of the rape and nothing of such sort is discussed in
72. (d) is correct because from having a joyful conversation the passage thereby logically incoherent. Hence it is
with another girl, it cannot be inferred that the person incorrect interpretation of the passage. Option (a) is
is inclined to have a relationship with the other and incorrect because according to the passage, it is the
thus not a ground of cheating in this case and mere intention to get marry to another. Option (b) is
according to the passage, mere putting of the incorrect because according to the passage,
vermillion is a mere intention to get married. Option saptpadi is the basic and the most important part of
(a) is incorrect because consensual sex is not the the Hindu marriage. Option (d) is incorrect because
only ground for mere intention of getting married. clandestine intentions and fake promising can
Option (b) is incorrect because it is not mentioned certainly lead to legal consequences, as assumed in
that vermillion acts as a catalyst to marry this passage.
‘immediately’ in any sense, it merely shows the 78. (d) is correct as passage clearly enumerates that if the
intention of marriage. Option (c) is incorrect because data doesn’t serve any purpose then it should be
the aspect of inevitable circumstances has not been erased as it violates fundamental right. Details of
discussed and the vermilion is not a guarantee of vehicle and who is the owner makes sense but
marriage, it shows an intention to marry. details of owner’s address is of no sense and it gives
73. (d) is correct because according to the order given by access to every person to get address hence
the court , a clandestine intention and having even a violates right to privacy which is a fundamental right
consensual sexual relation can lead to rape thus, option D is correct, Option A is not correct a
allegations. Option (a) and b are incorrect because man’s home is his castle but this being the main
although the sexual relationship was reasoning behind case’s sustainability is incorrect
consensual,however the passage clearly states that because passage fails to address this issue. Options
having consensual sex on the false pretext of B and C are not correct because this petition is
marriage amounts to rape. Option (c) is incorrect as sustainable as right to privacy is a fundamental right.
it is not adequately answering the alleged act 79. (c) is the correct answer as Jessica is an individual
amounted to rape. whose privacy cannot be breached even by her
74. (a) is correct because according to the passage, the line mother. Option A is incorrect as the passage does
stating “leading to Saptpadi” means that Saptpadi is not dicuss about the immunity of a minister under
the primary factor after vermillion application. RTI. Options B and D are wrong because R.T.I.
Applying vermillion does not mean marriage is cannot be filed to breach the privacy of an individual.
solemnized. Option (b) is incorrect because both of 80. (c) is correct since the spouse/fiancé of the person has
them cannot be liable because the woman had Right to Know and Right to Live a Healthy Life, which
already denied marrying the man and both of them is also a fundamental right guaranteed under Article
were not married. Option (c) is incorrect because 21 of The Constitution of India, therefore, disclosing
construing to the passage applying the vermillion is the HIV positive reports to the spouse/fiancé of the
concretely destined as an intention to marry. Option patient would not be considered breach of right to
(d) is incorrect because as the sex was consensual privacy.. Hence, Option C is the correct answer. .
and had a clear vision of not marrying, it cannot be Option A is incorrect as passage does not discuss
a ground of rape. about the conspiracy and these reports will not only
75. (c) is correct because it is self explanatory as according affect amitabh’s life but will also affect Rekha’s
to the passage, the court opined the same that health hence Option A is incorrect. Option B is not a
application of vermillion leads to the intention of legal opinion, instead, a moral advice, hence it is not
marriage. It is also held that having sex on false the correct option. Option D is wrong because there
promises amount to rape. R has not made the false is no breach to privacy in this case.
promises, E after ignoring the tradition and not 81. (d) is the correct answer because Rekha’s HIV status is
having any intention to marry to R cannot accuse R her confidential data and Dr. Reddy’s act of
for rape charges. Option (a) is incorrect because distributing fliers at her work place is in clear violation
although there was a consensual relationship of Rekha’s right to privacy as guaranteed by Article
between the two, application of vermillion twisted the 21 of Indian Constitution. Option C is not correct
game at once. Option (b) is incorrect as E does not because Article 32 of Constitution of India does not
had any intention Option (d) is incorrect because deals with right to privacy. Option B is wrong
applying vermillion means an intention and promise because HIV status of Rekha has nothing to do with
to get married only and its E’s decision whether she her co-workers' right to information. Option A is
want to perform Saptpadi after vermillion application, incorrect because there is no such provision of law
76. (b) is correct because these two are the most important under IMC Act which protects Dr. Reddy from
part for a Hindu marriage to be concluded. Option (a) disclosing his patient’s personal information to the
is incorrect because somewhere the expression ‘in public.
any circumstance’ concretizes the ‘guarantee’ to 82. (a) is correct as reiterated in the entire passage about
marry someone after the application of vermillion. protection of personal data. . Option B and C states
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the term- “without any consent” which is incorrect placing the requirement of a Masters' degree, or by
since options fails to address what is discussed in any other educational qualification. Option A is
the passage.. Option D is incorrect as passage does incorrect as it does not provide the correct and valid
not mention anywhere about the amendment of IT legal reasoning. Thus, by the process of elimination,
Act, 1964. Thus, option A is correct. Option D is the correct answer.
83. (d) is correct. Even though Saurav ended up injuring and 90. (b) is correct. As for water conservation initiative degree
killing the wrong person than he intended to, the fact in Water Conservation is rational but from a specific
that he had a premeditated intent to injure someone university is irrational. . Option A is incorrect as
so intensively via stabbing, and that the same took merely a classification is based on educational
place, is enough for us to draw the conclusion that qualification will not make it valid. . Option C is
he shall be liable for murder and not culpable incorrect, for water conservation initiative degree in
homicide. Thus, only option d is correct. Option A is water conservation form a clear nexus because he
incorrect because though he did not intend to kill will have better knowledge as compared to the other
virender but he did had intention to kill. Option C is person. Option D is incorrect as it still does not
incorrect because his intention is to kill. Option B is venture to explain the reasonableness or nexus of a
incorrect since intention and knowledge play an water conservation. Hence, by the process of
important factor to decide murder has been elimination, Option B is the correct answer.
committed or not. 91. (c) is correct as in the passage it is clearly mentioned
84. (c) is correct. Since no apparent provocation is present that educational qualification is a valid ground for
here as the facts are considered, a stabbing wound classification between persons of the same class in
would almost certainly result in Greg’s death, as it matters of promotion but it does not discuss
did, and thus, would count as having committed classification on the basis of opinion and wisdom of
murder. Option A is incorrect as just seeing a person caste. Passage also states that “Courts cannot
in bar does not amount to grave and sudden indulge in a mathematical evaluation of the basis of
provocation. Option A is incorrect as Gerg has not classification or replace the wisdom of the legislature
done any act which lead to provocation. Option D is or its delegate with their own”. Thus option C is
incorrect because it’s absurd. Intention and act of correct. Both of them has been discriminated on
offender matters to decide the liability. basis of higher and lower class. Thus, options b and
85. (d) is correct as Manish had no intention to kill which is d are incorrect. Option A is incorrect as they have not
an important factor to decide the liability. Option A is been judged on basis of education qualification.
incorrect since mere knowledge cannot be the sole 92. (b) is correct. Since the bifurcation in this matter is
reason for accusing a person guilty for murder clearly based on mere class differentiation and not
intention plays an importance role though he has the educational matters mentioned herein, the same
knowledge of Gautam’s condition but he did not clearly shows apparent discrimination. The fact that
intent to kill him. Option B is incorrect since the act the authority is not mentioned herein does not bar a
here was not enough to result in a person’s death. person from seeking relief. Option A is incorrect, it
Thus, this relieves him of all offences. Option C is clearly classify Brahmins. Option C is incorrect
incorrect since option C is not legal opinion. because Jagdish has right to get relief as his
86. (b) is correct. Since Bhajji could not have possibly fundamental rights are violated and for this Supreme
anticipated this outrageous reaction from a person Court and High court direct have the jurisdiction.
who he merely slapped, he cannot be held liable Option D is incorrect as option B more clearly specify
nither for murder nor for culpable homicide. Thus, the unfair ground.
only option b is correct. Option A is incorrect as it’s 93. (b) is correct. As it has been apparently been
not discussed in the passage. Option C is incorrect established above opinion of caste and class is given
as it is not possible that a man will die of a shame it weightage rather than what is their education
is just a moral opinion. qualification. Option A is incorrect as passage is
87. (a) is correct. As Sachin could not have possibly silent about the education qualification. Option C is
anticipated that Shoaib will land on a hook. Option B incorrect as it had disqualified Jagdish and post is
is incorrect because there was no prior enmity given to Suvadhish. Option D is incorrect as it does
between them. Option C is incorrect though there is not discloses what the basis of disqualification?
factor of provocation but option A is more 94. (c) is correct as reasonable classification has been
appropriate. Option D is incorrect as there was no reiterated in the passage. Options A & B are
possibility to foreseen such consequence at initial incorrect as the passage does not mention the same
stage. anywhere, and hence the same cannot be assumed.
88. (d) is correct. Each and every one of the above listed In the same vein, Option D is the incorrect answer.
defences is correct and serves as an exception to Thus by the process of elimination, Option C is the
Inzy being convicted of murder in this scenario. As correct answer.
such, all the options are correct, and by extension, 95. (b) is correct because the state government didn't
option D is the correct one. construe to the guidelines asserting that along with
89. (d) is the correct. Option B is incorrect, as it is clearly the beggars, the homeless and the mentally ill
mentioned in the passage, 'educational qualification people are to be vaccinated. And second thing,
is a valid ground for classification between persons construing to the suggestions of the court, the
of the same class'. Option C is incorrect, as the beggars were to be united with their families
object sought to be achieved is to appoint the person wherever possible. Option (a) is incorrect because
most fit for the job, which could be achieved by the state government has not completely construed
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to the guidelines of the court. Option (c) is incorrect mandatorily because vaccination is more important
because the words “though not essentially than reunion.
important” describes the reluctance of the authorities 101. (d) is correct because according to the passage, as he
towards their duty. Option (d) is incorrect because was exonerated from the departmental proceedings,
according to the passage the tattooing was to be there is no liability to get convicted in court’s order.
done after the inoculation. Option (a) is incorrect because according to the
96. (d) is correct because the whole process was not done passage, the departmental decisions will suffice the
in the accordance of the prescribed suggestions and proceedings of the court. Option (b) is incorrect
guidelines of the court as like the temporary tattooing because the departmental proceedings exonerated
was done instead of the permanent tattooing.Option P and thus he is not liable to be tried in the court
(a) is incorrect because temporary tattooing is the anymore. Option (c) is not talking about the
factor that was not in the guidelines of the court and importance of factor, the only thing is that P will not
thus was not construed to. Option (b) is incorrect get any judgment from the court as he had already
because it is not legit to state the percentage if the been decided in the departmental proceeding.
doing of work, if the state government has not done 102. (c) is correct because the judgment and the
any of the work, then it will be deemed incomplete departmental proceeding orders were of different
construing to the guidelines. Option (c) is incorrect case in which the T was exonerated and convicted.
because it is not mentioned in the passage about the Option (a) is incorrect because in the first case the
second inoculation process or anything like that. exoneration was done in the second case and not in
97. (d) is correct because the court has said that if the the first case. Option (b) is incorrect because the
person is mentally ill, he should not be taken any exoneration and the conviction were done in two
consent and the vaccination process should be done different cases. Option (d) is incorrect because it is
with the same. Option (b) is incorrect because it is not legit to say that because there were the decisions
not explicitly said in the fact about the homeless of two cases and not the same.
person to be the guardian of the girl. Option (c) is 103. (d) is correct as the orders of the proceeding and the
incorrect because it is possible only if the homeless courts order were given on the same day and
man is acting like a guardian of her and the same is according to the fact, it is not clear which order was
not explicitly said in the facts. So there is no legit given first and thus was arbitrary. Option (a) and (b)
argument regarding the same. is incorrect because as both the orders were on the
98. (b) is correct because as the person was mentally ill, the same day, according to the fact, it is not clear which
court had opined that it is not important to take any order was given first and thus was arbitrary. Option
consent from the mentally ill people as they are not (c) is incorrect because it is not the case of
capable of giving the consent of the same. Option (a) probability that the court could have done the same.
is incorrect because it is not legit to assert that the The main thing is that the orders came on the same
volunteers should have managed for the same in a day.
more sensible manner because there was no 104. (b) is correct because it is true that the exoneration if
cooperation from the mentally ill person’s side at all. prior to the judgment of the court can affect the trial
Option (c) is incorrect because it is not important to of the accused. Option (a) is incorrect because it is
take anyone’s consent when it comes to the, not necessary that if the court’s comes first then the
mentally ill people. Option (d) is incorrect because departmental inquiry will suffice. Option (c) is
the struggle made the beggar nervous and there was incorrect because it is not legit for the high court to
no fault of volunteers’ side as they were efficiently suffice the departmental orders prior to the judgment
handling the situation and the beggar was not of the court. Option (d) is incorrect because the court
cooperating them. can use the inherent power if the departmental order
99. (c) is correct because the mentally retard people cannot is after the order of the court.
give any consent due to their mental illness. Option 105. (a) is correct because according to passage there is no
(a) is incorrect because the tattooing thing was just discussion about the inherent power. Option (b) is
a suggestion from the court and the authorities had incorrect because the high court must use its
to figure out the main implication of the same if they inherent power to construe to the natural justice.
were helpful. Option (b) is incorrect because bench Option (c) is incorrect because it is true that the prior
had suggested permanent tattoos for such persons exoneration of the accused from the departmental
after inoculation and was not the mandate. Option proceeding is mandatorily be abide by the high court
(d) is incorrect because the reunion is not an in its subsequent orders as construed to the
important part of the vaccination in the passage. passage. Option (d) is incorrect because it is given
100. (b) is correct because mentally ill people can catch the in the passage that exoneration in departmental
disease very easily because they don’t know the proceedings on merits and where the allegation is
precaution to be taken while the disease is found to be not sustainable at all and the person held
spreading. Option (a) is incorrect because the aspect innocent criminal prosecution on the same set of
of indulging into criminal activities is not discussed in acts and circumstances cannot be allowed to
the passage. Option (c) is incorrect because it is not continue.
right to say that they transmit the disease fast,
however they catch the disease faster as they are
unaware of taking precautions. Option (d) is incorrect
because it is not very important to happen
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SECTION – C: LEGAL REASONING
Directions (Q.66 – Q.105): Read the comprehensions carefully and answer the questions based on it.
Passage (Q.66-Q.70): A father does not own the daughter to dictate terms and every child has a right to
use his or her mother’s surname, the Delhi High Court Friday observed.
The court’s observation came while hearing a plea by a minor girl’s father seeking direction to the
authorities to reflect his name as his daughter’s surname in the documents and not her mother’s name.
Justice Rekha Palli, however, declined to pass such a direction and said, “A father does not own the
daughter to dictate that she should use only his surname. If the minor daughter is happy with her surname,
what is your problem?” The court said every child has a right to use his/her mother’s surname if he/she
wishes to.
During the hearing, the man’s counsel submitted that his daughter is minor and cannot decide such issues
on her own and that the child’s surname was changed by his estranged wife.
He claimed that the change in name will make it difficult to avail insurance claims from the insurance firm
as the policy was taken in the name of the girl with her father’s surname.
The court, which declined to allow the plea, disposed of the petition with a liberty to the man to approach
his daughter’s school to show his name as the father.
Source: Child has right to use mother's surname: HC,
66. Rini Chakraborthy, a minor of 14 years, has taken the surname of her mother after the separation of her
parents and changed her name to Rini Das. She, after attaining majority, wants to claim the benefit of the
Sukanya Samridhi Yojana, which her father had taken for her when she was born. Her father denies her
claim stating that she has changed her name from the one mentioned on the papers of the policy. You are
the judge in the case. Decide the matter as per the given principles in the passage.
(a) The daughter is not eligible to get the benefit because she has willfully obtained the surname of her
mother, and eventually, her name does not match with the name mentioned in the policy document.
(b) The daughter, even if, has attained the surname of her mother willfully, will still be entitled to the benefit
of the scheme because her autonomy over her name does not affect the relationship with her father.
(c) The daughter is entitled to avail the benefit of the scheme because she cannot be denied for the same
merely on the grounds of the change of her name.
(d) The daughter, after willfully attaining the surname of mother, has renounced all such rights over her
father’s assets and other claims.
67. Taking the facts from the previous question, if Rini’s mother remarries to a person named Satish Ranjan.
Thereafter, she changed her daughter’s name to Rini Ranjan. Rini, after attaining her majority, claims the
benefit of the Sukanya Samridhi Yojana, which her biological father had taken for her when she was born.
Her biological father claimed that she has no right to claim the benefit of the policy since she has changed
her surname. Decide the case as per the given legal principles in the passage.
(a) She can be denied of the benefits over the scheme because her mother remarried to another person.
(b) She cannot be denied of the benefits because she has attained the surname of Mr. Satish Ranjan,
willfully, and her right over her biological father’s claims cannot be said to be renounced.
(c) She cannot be denied of the benefits because the scheme was taken for her benefits after she attains
majority; hence, it has nothing to do with her personal relations.
(d) She can be denied of the benefits because her name has been changed and does not match with the
name mentioned in the policy documents.
68. Which one of the following statements best reflects the central idea of the passage?
(a) A father does not have the dictate/authority over his child and cannot deny her benefit merely on the
basis of the separation.
(b) Every child has a right to choose his or her name or surname willfully, and no parent can deny of her
any benefit.
(c) A child has the autonomy over her name; hence, can attain any of the name, which she likes.
(d) Every child has a right to use any of his/her parents’ surnames.
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69. Subansiri, while she was 15, has decided to keep the surname of her father even after she has been given
in the custody of her mother after the separation of her parents. Her mother, Sheela Desai, after attaining
her custody, became her natural guardian and can take decisions on her behalf. She wants to change her
daughter’s name with her surname. What will be the most appropriate reasoning in this matter as per the
given information in the passage?
(a) Mother can change the name of her minor daughter because she is her natural guardian, and can take
decision on behalf of her.
(b) Mother can change the name of her minor daughter because she has been given the custody of her.
(c) Subansiri has the autonomy over her identity; hence, she can use whatever name she likes to use as
it is her fundamental right.
(d) Subansiri, even if, minor has the right to keep her father’s surname even after the separation of her
parents because her mother does not own her to dictate terms.
70. Purva Maurya willfully became Saba Ahmed by taking her mother’s surname and the religion after the
separation of her parents. After the unfortunate demise of her mother, her father has been given her
custody. Her father asked her to retain his surname, and religion otherwise she will not be entitled to
ancestral property. Decide the case as per the legal information given in the passage.
(a) The Hindu ancestral property can be bequeathed among the Hindus only, hence, her father is correct
in his actions.
(b) She cannot be denied of her right over her ancestral property merely on the grounds of the religion she
has adopted.
(c) She cannot be denied of her right over her father’s property because she willfully obtained her mother’s
identity.
(d) She can be denied of her right over ancestral property because her father is not dictating any term on
her, but the law says so.
Passage (Q.71-Q.76): The Supreme Court observed that an employee who made a false declaration
and/or suppressed the material fact of his involvement in a criminal case should not be entitled to an
appointment or to continue in service as a matter of right.
"Where the employer feels that an employee who at the initial stage itself has made a false statement
and/or not disclosed the material facts and/or suppressed the material facts and therefore he cannot be
continued in service because such an employee cannot be relied upon even in future, the employer cannot
be forced to continue such an employee. The choice/option whether to continue or not to continue such an
employee always must be given to the employer", the Bench held.
The question is not about whether an employee was involved in a dispute of trivial nature and whether he
has been subsequently acquitted or not. The question is about the credibility and/or trustworthiness of such
an employee who at the initial stage of the employment, i.e., while submitting the declaration/verification
and/or applying for a post, made a false declaration and/or not disclosing and/or suppressing the material
fact of having involved in a criminal case. If the correct facts had been disclosed, the employer might not
have appointed him. Then the question is of TRUST.
71. Abhik had gotten through all the rounds of vetting to be employed in Superstore Stores Co. On the day of
his final interview, he was put through a past vetting process wherein he was given a form to be filled,
which sought to collect his information regarding any past criminal records that he may have. He decided
otherwise as his once pickpocketing record of harming his chances of getting a job at the company. The
company did not find out for the next eight years until he left the offices for a better job at Megastores Store
Co. Is he liable for an offence in this case?
(a) Yes, as he will betray the trust of the employers in future at Megastores Store Company.
(b) No, as he did not violate the company's trust in any manner.
(c) No, as his omission was not found out until he resigned.
(d) Yes, as his omission still counts as a breach of trust.
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72. In the above case, other facts notwithstanding, had the company not enquired about his criminal records,
could he be sued for breach of trust in this case?
(a) No, as Superstores should have enquired about it in the first place.
(b) Yes, as Superstores was entitled to full disclosure on hiring someone.
(c) Yes, as the employer should be furnished all the requisite information a prudent person deems fit for
disclosure.
(d) No, as there was no outward obligation to disclose his past records.
73. For hiring the foreman in the Superstores stores, there was a rule to collect all the past information of
foreman from public records. The HR head official failed to collect the past records from public records,
which the candidate had filled out with a public record. Herein, the information about the record was found
out by Superstores after four years of him being employed. Would candidate be liable for breach of trust
here?
(a) No, as he cannot be held responsible for the HR head's irresponsibility.
(b) Yes, as it was his responsibility to submit the form.
(c) Yes, as he was clearly asked for his criminal records and should have furnished the same.
(d) No, as the disclosure requirement was made apparent here.
74. While vetting Abhik's records, the employer was made aware of a bar-fight 10 years ago, wherein he had
to pay a paltry fine and issue an apology. Would this information be considered material in his selection as
an employee?
(a) Yes, as he has a valid and existing criminal record.
(b) No, as his criminal record was not a serious one.
(c) No, as he was applying for a mere superstore job.
(d) Yes, as regardless of the record being paltry, it was still a criminal record.
75. Suvarshri was an employee in Tata Motors. While going through her evaluation therein, it was found that
she was summoned to the Court twice, once to act as a witness and once to pay for contempt of court fine
for acting hysterically while testifying the first time. Which she fails to disclose in her form to Tata Motors.
This led to the company terminating her contract of employment on the grounds of breach of trust. Could
she claim legal recourse for her termination?
(a) No, as she did break the fiduciary relationship in her contract.
(b) No, as the contempt charges were a criminal offence that she should have disclosed.
(c) Yes, as she was already employed and made the disclosure when asked to.
(d) Yes, as contempt of court is not a criminal offence.
76. While being hired, Subhashish was enquired about any past criminal records of his. While making these
disclosures, his juvenile record of 15 years back was brought to light, wherein he was arrested and kept in
custody for a night for pickpocketing his neighbour. Would a record of this affect his potential hiring?
(a) Since it is a minor record, it would not affect his employment.
(b) No, as the record was 15 years old and very insignificant.
(c) Yes, as he was kept in custody..
(d) Yes, as the disclosure was a mandate and capable of affecting the employment selection.
Passage (Q.77-Q.82): A Division Bench of Chief Justice S. Manikumar and Justice Shaji P.
Chaly observed so while adjudicating upon a plea seeking a direction to the Director of Health Services to
take appropriate disciplinary action. The Bench, however, noted that this was a PIL registered in a service
matter. Reliance was placed on a number of Apex Court decisions to point out that it is a settled law that
PILs in service matters cannot be encouraged.
For instance, in N. Veerasamy v. Union of India [(2005) 2 MLJ 564] it was observed that service matters
are essentially between the employer and the employee and it would be for the State to take action under
the Service Rules and there is no question of any public interest involved in such matters.
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The Court further examined another aspect as decided in Dr. Duryodhan Sahu & Ors v. Jitendra Kumar
Mishra & Ors where it was held that the Administrative Tribunal constituted under the Act cannot entertain
public interest litigation at the instance of a total stranger.
This position was reinforced in Ashok Kumar Pandey v. State of W.B whereby it was stated that where the
petitioner has not even a remote link with the issues involved, it becomes imperative for the court to lift the
veil and uncover the real purpose of the petition and the real person behind it.
Accordingly, the Court found it appropriate to dismiss the petition.
77. X owned multiple showrooms of pre-owned luxury cars in and around Delhi. One of the staffs, Y in one of
the showrooms of X met with an accident so he hired Z, the son of Y for a month to fill Y’s position. After
few days of working, Z realised that most of the cars which are being sold are actually stolen cars which X
does not knows about. Z investigates further and finds that there are several gangs in Delhi who along with
the help of local police steal cars and then sell it off to people like X. Z files a PIL for the same. Determine
the maintainability of his PIL.
(a) The PIL will be dismissed, because there is an employee-employer relationship between X & Z.
(b) The PIL will be entertained, because Z is not a full-time employee of X and there is no service matter
in the contention.
(c) The PIL will be dismissed because Z has no link with the issues raised in the PIL.
(d) The PIL will be entertained because the issue it has raised is indeed of a public interest.
78. Suppose in the previous question. X himself was the one who used to bribe local policemen and was the
head of the racket which stole the cars which Z did not know. Now with the established relation between X
& Z and the change of facts, would your answer to the previous question change?
(a) Yes, the PIL will be dismissed.
(b) No, the PIL will be dismissed.
(c) Yes, the PIL will not be dismissed.
(d) No, the PIL will not be dismissed.
79. Aman owned the entire 2nd floor of the building opposite Dalal street, Mumbai where he had his consultancy
firm. He had 20 employees for the past 5 years. One day one of the employees, Naman got an intuition
that Aman is involved in insider trading; soon this reached the ears of Aman, and he immediately fired
Naman and his 9 friends from the firm. This move, made everyone apprehensive that Aman is indeed up
to something fishy. Ajay, another employee of Aman who was not fired; files a PIL in Bombay high court
that, the files of the firms need to be made public since it pertains to insider trading in the National stock
exchange and hence a matter of public interest, he also challenges the firing of the 10 employees without
any concrete reason, in the same PIL. Determine whether this PIL will be entertained or not.
(a) The PIL will be entertained because the PIL indeed pertains to public interest.
(b) The PIL will be entertained because there is no element of service matter in the PIL.
(c) The PIL will be dismissed because the PIL was filed by Ajay who still had an employer-employee
relationship with Aman.
(d) The PIL will be dismissed because there is no public interest in the issues raised.
80. Suppose in the previous question, it was Naman who files PIL and not Ajay who is still the employee of
Aman. Would this change in facts, change your answer to the previous question?
(a) Yes, the PIL will be dismissed.
(b) No, the PIL will be dismissed.
(c) Yes, the PIL will not be dismissed.
(d) No, the PIL will not be dismissed.
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81. X was a tea seller, and had his shop beside ABC Banks Pt. Ltd. With his frequent visit to the head branch
to serve tea, he realized that the senior managers of the bank are taking bribes to verify and pass loans
even when the customers are fraud. He files a PIL in High Court that public money is in danger and the
banks needs to shut down. The bank files the counter claim that X is a total stranger to the issue since
there is no potential loss to him and only state can take action under service rules. Is the argument of the
bank valid?
(a) Yes, both the arguments of the bank hold true as per the passage.
(b) The argument is partially valid; only the argument that X is a stranger is valid.
(c) The argument is partially valid: only the argument that only state can take action under service rules is
true.
(d) No, both the arguments of the bank are incorrect as per the passage.
82. Suppose in the previous question, X was also the customer of the bank, in that case would your answer to
the previous question change?
(a) Yes, only one of the arguments stands valid.
(b) No, neither of the arguments are valid.
(c) Yes, neither of the arguments are valid.
(d) No, only one of the arguments stands valid.
Passage (Q.83-Q.88): The Supreme Court set aside a Karnataka High Court judgment that held that a
divorced daughter would fall in the same class as an unmarried or widowed daughter for the purpose of a
compassionate appointment.
The Bench reiterated that norms prevailing on the date of consideration of the application should be the
basis of consideration of the claim for compassionate appointment.
In this case, the writ petitioner's mother was employed with the Government of Karnataka. After she died,
the writ petitioner filed for an appointment on compassionate appointment. Karnataka High Court was
directed to consider the application. The High Court interpreted and observed that a divorced daughter
would fall in the same class as an unmarried or widowed daughter, and therefore, a divorced daughter has
to be considered on par with 'unmarried' or 'widowed daughter.'
In appeal, the Supreme Court summarized the observations made about the grant of appointment on
compassionate ground in earlier judgments and concluded:
(i) That the compassionate appointment is an exception to the general rule;
(ii) That no aspirant has a right to compassionate appointment;
(iii) The appointment to any public post in the service of the State has to be made on the basis of the
principle in accordance with Articles 14 and 16 of the Constitution of India;
(iv) Appointment on compassionate ground can be made only on fulfilling the norms laid down by the State's
policy and/or satisfaction of the eligibility criteria as per the policy;
(v) The norms prevailing on the date of the consideration of the application should be the basis for
consideration of the claim for compassionate appointment.
83. Bansi Lal was a reputed employee in PWD, New Delhi. He had a family of four persons completely
dependent upon him, including his son-in-law, who was a deadbeat stay-at-home drunk. The only reason
Sheela, his daughter, decided to marry him was because his childhood friend, Mayuri Ram, had requested
Bansi lal to do so. Due to an ailing heart condition, Bansi died unforeseeably, which led to a tumult in his
household. In order to get rid of the bedraggling deadbeat, Sheela divorced her husband immediately, and
the Lal's cut their losses. After her father's rites, she decided to file for a compassionate appointment in the
PWD where Bansi was posted. Could she be granted the same?
(a) Yes, as the household is now dependent on Sheela for sustenance.
(b) No, as Bansi's appointment does not ensure Sheela’s appointment as well.
(c) No, as she would not fall under the criterion for eligibility mentioned above.
(d) Yes, as she meets the criteria for eligibility to be appointed on the grounds of compassion.
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84. In the above case, notwithstanding other facts, had Sheela divorced her husband a month before her
father's demise, would she be liable to be appointed on compassionate grounds?
(a) Yes, as she would qualify as an unmarried daughter.
(b) Not as a matter of right.
(c) Yes, as the whole family now depends on her.
(d) Both A and C.
85. In the same case as above, notwithstanding other facts, if Sheela had known that her father would
eventually succumb to his illness, would she then have been able to claim an appointment to her father's
job on compassionate grounds?
(a) Yes, as the knowledge of impending demise does not discount the question of their sustenance.
(b) No, as she had the knowledge of her father's probable demise and still went ahead with the divorce.
(c) No, as the divorce in question was premeditated.
(d) No, as she is not eligible for the appointment.
86. In the Jal board of Dehri at Sone, Bihar Ramakant was employed as the regional head. He used to manage
the entire districts under his belt. He had been working for the Board for almost 30 years before his sudden
and untimely demise. He was very well-liked in the Board, and he and his family were very well known in
the offices. Due to his sudden demise, the department made haste in appointing one of his children of the
age of 18 as junior clerks in order to let his family sustain whilst the provision for compassionate
appointment in the Board was being looked into. It was found out that the Board has no authority by the
statute to provide any such employment. As a result, Ramakant's son was terminated. Can he plead for
any recourse in law?
(a) No, as he was wrongly appointed because there was no provision for compassionate appointment and
thus, cannot plead for recourse.
(b) Yes, as his appointment could not be terminated in an arbitrary manner.
(c) No, as he is not as educated as his father.
(d) Yes, as he was entitled to compassionate appointment in this case.
87. In the same case as above, while terminating the son's appointment, the Board made it clear that his
mother could be appointed on the same grounds as the provision for the same exists. Is this provision
constitutional? According to law.
(a) No, as it violates articles 14 and 16.
(b) Yes, as it allows for a family member to be appointed on compassionate grounds.
(c) Yes, as it promotes equality amongst equals.
(d) No, as the same violates article 16.
88. Can article 14 be invoked while deciding the appointment of a Scheduled Caste, a disabled person and a
general person on compassionate grounds?
(a) Article 14 ensures equality amongst every person; everyone would be liable to be appointed.
(b) Article 14 ensures quality amongst equals only; everyone shall be subjected to different provisions.
(c) Article 16 shall be applicable here to ensure no discrimination.
(d) Article 14 shall not be applicable here due to different social classes persisting here.
Passage (Q.89-Q.94): The SC has recently observed that filing complaints seeking the removal of one's
spouse from a job amount to mental cruelty.
"The fact that there have been continued allegations and litigation proceedings and that can amount to
cruelty is an aspect taken note of by this court," the Bench said. The Court acknowledged that a Constitution
Bench was examining the larger issue regarding the exercise of powers under Article 142 of the
Constitution to dissolve the marriage between consenting parties. However, it noted that in various
instances, the Supreme Court had exercised this power to grant a divorce.
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The Division Bench observed that the issue before the Constitution Bench had been pending for the last
five years, and therefore if a marital tie was not working, no purpose would be served by postponing the
inevitable simply for the pendency of the reference.
The Bench concluded without hesitation that the marriage had not worked and cannot work, not only on
account of the appellant's second marriage but also because the parties were so troubled by each other
that they were not willing to even think of living together.
"One of the most difficult situations is where there is irretrievable breakdown of marriage, but only one of
the parties is willing to acknowledge the same and accept divorce on that account, while the other side
seeks to oppose it even if it means carrying on with the marriage."
Therefore, the marriage was dissolved not only in the exercise of powers under Article 142 of the
Constitution of India on account of irretrievable breakdown of marriage but also on account of cruelty under
Section 13(1)(i-a) of the Act.
89. In a divorce case before family court, the Court observed that the couple was not amenable at all, and the
husband had been giving her regular loans to run her own parlor for her own sustenance. The husband
pleaded that the amount of the same be returned to him, in accordance with the agreement they had signed
@8% rate of interest. When no relief was being expediently delivered to the husband, he initiated recovery
proceedings for the same. The Court observed that two parallel proceedings would wrest her out of a lot
of money and thus decided to put an embargo on the recovery proceedings stating that it amount to cruelty.
Can this decision of the Court be considered tenable?
(a) No, as the recovery proceedings were completely legal.
(b) No, as the recovery proceedings were in accordance with the agreement.
(c) No, as the recovery proceedings cannot be termed as cruelty.
(d) No, as the recovery proceedings are not the domain of the family courts.
90. During the course of the proceedings, it was found that the husband also had advanced loans to his brother-
in-law and father-in-law in their times of need, which was to be repaid without interest but was due. The
Court let the recovery proceedings run parallel against the brother and the father but put an embargo on
the proceedings on the recovery proceedings against the wife. Is the Court's decision viable?
(a) No, as all recovery proceedings should be allowed to run.
(b) No, as all recovery proceedings would not be termed as cruelty.
(c) Yes, as the proceedings against the wife and her family are all tenable.
(d) Yes, as the proceedings against the wife are untenable and cruel.
91. During the arguments stage, the Court found that the marriage was unsalvageable, even if the couple did
not think so at that stage due to antagonistic exchanges. They opined on couple's counseling sessions,
which turned out to be disastrous as they did not talk at all, and all the expensive sessions were a waste
of money. Was the decision of the Courtis justifiable?
(a) No, as the Court was not acting under guidelines of the court.
(b) Yes, as the Court was trying to salvage a marriage relationship.
(c) Yes, as the Court was not supposed to opine on their relation.
(d) No, as the Court was only meant to rule on the divorce.
92. After the counseling sessions, the Court was finally of the opinion that the marriage was irretrievable and
decided to grant them divorce. However, this made the husband plead for another chance as he wanted
to give his marriage another try and thus, started begging his wife in the courtroom is ready to give him one
more chance. Can his pleading sustain?
(a) Yes, the Court should abstain from granting a divorce.
(b) No, as the Court has already opined on granting a divorce.
(c) No, as the arguments stage has been passed over.
(d) Yes, as the Court has complete discretion on ruling over all family matters.
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93. In a separate divorce matter, the Court found that the husband had fired his wife from his own firm as she
was employed by him since they were looking to divorce each other. The Court found that firing her would
mean depriving her of her livelihood. Thus, the Court held her termination to be illegal and cruel. Does
there exist any recourse in law against the action of the Court?
(a) Yes, as he has all the right to terminate her employment in the matter.
(b) Yes, as the termination of employment is a natural reaction to their split.
(c) No, as personal biases have been observed to come into play here.
(d) No, as termination amounts to cruelty.
94. The husband, in the aforementioned matter, also filed for the action of cruelty since his wife had taken
almost all of the stuffs of their home since her father had gifted the furniture and everything else to both of
them, due to the husband being destitute back then. Can the husband claim this as being cruel?
(a) No, as he has a successful means to earn sustainably.
(b) Yes, as a marriage means a share in everything by either of the parties.
(c) No, as all the furniture was given by her father in the first place.
(d) Yes, as taking away the furnishing from home being shared can be termed as cruelty.
Passage (Q.95-Q.100): The Delhi HC has recently opined that a mere change of counsel by the parties
would not entitle the respective counsel to recall witnesses examined prior to the change.
'The change of counsel and the decision of the new counsel to cross-examine any witness who the previous
counsel did cross-examine is no ground to exercise power u/s 311 of CrPC for recalling the witness where
due opportunity was afforded earlier. . Lastly, this is a criminal trial and not a game where, if one party were
afforded an opportunity for recalling any witness for valid reasons, the other party would ask for chance as
a matter of right without any reason. Accordingly, considering the totality of the circumstances, this Court
is not inclined to exercise power u/s 311 CrPC to recall PW~38 as no justifiable grounds exists for the
same. Application is accordingly dismissed."
The fact that the matter here was sub judice since 2006, and the relief for the petitioners was long overdue,
the change in counsel did not warrant for any recall of witnesses examined or not, thus, the petition for
allowing even one day for a recall of witnesses could not sustain. Court has dismissed the application by
stating that Court is not inclined to exercise power u/s 311 CrPC to recall witness but if foul play by witness
is known after judgment is ground for appeal.
Court also held that senior counsel is more respectable than junior counsel, as they have more experience
when compared to junior counsel but both stands on the same foot being the counsel in same matter.
Cross examination of a witness by senior counsel will not stand as ground under section 311 of CrPC.
95. In the case of Jag Mohan v. Sadmagan, of the year 2018, the Court had finally progressed to the first stage
of proceedings after the hearings were allowed to continue physically after eight months of vacation. During
the same, it was found out that the counsel pleading the respondent's case had fake credentials proving
that he was not an actual lawyer. Upon appointing another lawyer to plead his case, Sadmagan and his
lawyer pleaded for a fresh trial. Can the Court allow for the same?
(a) No, as the Court cannot completely start the trial afresh.
(b) Yes, this is a case where an exception to the precedent can be made.
(c) No, as there is no provision in law to recall witnesses by a change in counsel.
(d) Yes, as there is evident fraud at play here, and the respondent shall be allowed to plead for the same.
96. In the above trial, the Court observed that one of the witnesses who had been examined earlier in the
course of proceedings and was due to be called upon again has died. What possible course of action could
the Court opt for in this case?
(a) The witness' testimony is invalid. Other witnesses should testify.
(b) The testimony of the deceased witness stands as viable.
(c) The testimony of the deceased cannot be verified.
(d) The Court can order a fresh trial to commence.
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97. In the subsequent proceedings, in the above case, the Court was almost done hearing the testimonies and
was supposed to tender the judgment. However, via an anonymous letter to the judge's chamber, the Court
was made aware of foul play in the proceedings as one of the witnesses from the respondent's contentions
was found out to be staged. Taking note of the same, the Court levied charges of perjury on the respondent
and his counsel and has ordered a fresh witness procedure under section 311 CrPC. Can the court order
for the same?
(a) Yes, as the Court is competent enough to call any person as a witness under s. 311 CrPC.
(b) No, as s.311 CrPC does not allow for a fresh witness process to be initiated.
(c) No, as only one witness was found to be planted.
(d) Yes, as other testimonies could also be rigged, and perjury requires strict action.
98. The Court had finally commenced one last time for tendering the judgment in the above case, and the
parties had been eagerly waiting for the same. To the respondent's dismay, the same was tendered in the
petitioner's favor. Upon the judgment having been tendered, the petitioner had confessed to the respondent
that he had paid his witnesses to lie in front of the Court. Can the respondent claim any recourse under the
same?
(a) No, as the trial has concluded and the judgment tendered.
(b) Yes, since the witnesses were lying, the same shall be asked to testify again.
(c) Yes, as there exists no actual trial in this case.
(d) Yes, appellate remedies may be availed.
99. In a robbery case, the counsel for the petitioner had recently passed away due to a long ailment that had
impeded the counsel's practice. Due to that same, his junior had been pleading all his matters in his stead.
In the present case, due to his deteriorating condition, the senior advocate had been sending his junior as
his proxy and to plead in his stead. However, after his official demise, the Court did not object to him being
the principal counsel in the matter. Is this decision of the Court tenable?
(a) No, as the junior counsel has not examined the witnesses or corroborated evidence.
(b) Yes, as the demise of the lawyer cannot mean a bar on judicial proceedings.
(c) Yes, as the junior counsel was anyway practicing in his stead.
(d) None of the above.
100. In a matter of carjacking, the insurance company had appointed their own evaluation professional to take
notice of the situation. Whilst the proceedings were underway in the courts, the petitioner-aggrieved had
testified as the car being of 6 lakhs worth in value which the evaluator found as being wildly inaccurate.
Due to this reason, the counsel for the petitioner had recused himself to save face and made his junior as
the principal counsel here. Can the principal counsel recall witnesses in this case?
(a) Yes, as in order to get the facts correct, he needs to re-examine the witnesses.
(b) No, as s.311 cannot allow the same to be tendered.
(c) No, as the force of law, in general, prevents the new counsel from recalling witnesses.
(d) Yes, as the situation here requires clarity in the testimony of the witnesses.
Passage (Q.101-Q.105): 'State under obligation to keep criminal record database updated - Delhi
HC'
A Delhi Court judge noted that previous involvement of the accused plays a vital role, when the court
applies its mind to grant of bail/refusal of bail to the accused. Therefore, a serious responsibility lies on the
shoulders of the SCRB/Delhi Police, to regularly update the database, pertaining to the accused persons.
In law, a person can be categorized as an under trial, as a convict and in case of acquittal, there is no
criminal record. If despite acquittal from courts, a system reflects a person as a criminal without indicating
the fact of acquittal then, in my view, presumption of innocence goes for a toss. Therefore, heavy onus lies
on the department to maintain its records in such a manner that the police cannot misuse the information
fed in the system by selectively presenting the data before the courts creating prejudice against the
accused persons. Therefore, there is a responsibility/duty on the authority maintaining such a database, to
keep it updated so that correct particulars and information is produced before the court before arguments
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on bail application are being heard. Failing to do so may be denying a person a right to his reputation as
well as to his liberty enshrined in Article 21 of Constitution of India.
Therefore, State is under an obligation to keep such criminal databases updated and it is excepted that the
said exercise be carried out at the earliest, as also, periodically to ensure justice to one and all. Therefore,
first of all, SHO concerned is directed to file a reply whether information regarding accused persons is
periodically sent to the SCRB/Delhi Police for updation or not.
Source: Bail matter No. 1876/21, FIR No. 446/21, PS V K South, State Vs. Vikram, U/s 379/411/34 IPC
101. A person Yuvraj Singh was arrested at 10:15 p.m. on 13.07.2021 for his casteist remarks in a viral video.
He was presented before the magistrate at 11:00 p.m. After the trial, he was acquitted by the court on
15.07.2021 at 9:00 p.m., after the hearing went for extended court hours. The shift of the police personnel
responsible for updating the criminal record database ends at 8:00 p.m. and therefore Yuvraj’s arrest could
not be updated on 26.07.2021, given earlier backlog. Decide.
(a) Since the shift of police personnel ends at 8:00 p.m., the criminal record database cannot be updated
when arrests are made after that.
(b) It is the duty of the police to update the criminal record database, and the record was not updated
regularly in this case.
(c) There is only a twelve days delay, which is not major and can be accommodated.
(d) Yuvraj’s arrest is inappropriate. Fine should have been levied on him.
102. A person Yuvraj Singh was arrested at 10:15 p.m. on 13.07.2021 for his casteist remarks in a viral video.
He was presented before the magistrate at 11:00 p.m. After the trial, he was acquitted by the court on
15.07.2021 at 9:00 p.m., after the hearing went for extended court hours. The shift of the police personnel
responsible for updating the criminal record database ends at 8:00 p.m. and therefore Yuvraj’s arrest could
not be updated on 26.07.2021, given earlier backlog. His acquittal was not recorded.. On 29.07.2021, he
was arrested again for theft. During the bail hearing, the court could not gather his acquittal, and his records
only matched as being arrested on 13.07.2021. The court denied the bail, considering him to be a repeated
offender. Decide whether the act of court is justiciable?
(a) Yes, since his acquittal was not mentioned in the criminal record database, so presumption of
innocence is questionable..
(b) No, Yuvraj should not have faced the consequences of the mistake of the police who did not update
the criminal record database properly.
(c) Yes, as it was police officers’s mistake for not updating the criminal record database.
(d) None of the above.
103. A learned man, Harishad was arrested on charges of anti-India sloganeering on 18.01.1997. The police
properly recorded all the details of Harishad including the date, time and reason of his arrest. He was
acquitted after 5 years of trial on 25.12.2002. The criminal record database of five years before was lost at
the time of his acquittal, due to which his acquittal could not be updated in the database. Later, when the
database was made online in 2017, the file could be accessed and the records were made online.
Harishad’s acquittal was not mentioned in the online database. He filed a complaint against the database
asking his acquittal to be mentioned. Decide.
(a) The complaint is not valid since it has been 15 years of his acquittal.
(b) The complaint is not valid since there is no other case against him which would incriminate the
possibility of justice, due to the acquittal not being mentioned.
(c) The complaint is valid as the police needs to update the criminal record database properly and in time.
(d) The complaint is valid as Harishad is a learned man and should be treated accordingly
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104. A learned man, Harishad was arrested on charges of anti-India sloganeering on 18.01.1997 and was
sentenced to 21 years of imprisonment. The police properly recorded all the details of Harishad including
the date, time and reason of his arrest. Later, when the database was made online in 2017, the file could
be accessed and the records were made online. Harishad’s acquittal was mentioned in the online database.
Decide.
(a) Since the acquittal has been mentioned in the database, the police is abiding by the orders of the judge
of updating the criminal record database regularly.
(b) Since it has been 20 years of his arrest, such old database is practically no use now.
(c) There is a mistake on the part of the police in updating the criminal record database.
(d) Since there is no other case against him so, will not affect justice.
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47. (a) List of Maharatna Companies in India 57. (b) The Conference of Parties comes under the United
1. Bharat Heavy Electricals Limited Nations Framework Convention on Climate Change
2. Bharat Petroleum Corporation Limited which was formed in 1994.
3. Coal India Limited 58. (d) India did not make any announcement towards its
4. GAIL (India) Limited contribution to the Climate Finance goal. Rather,
5. Hindustan Petroleum Corporation Limited India has demanded US $1 trillion in climate finance
6. Indian Oil Corporation Limited as soon as possible and will monitor not just climate
7. NTPC Limited action but also climate finance,” Ghosh said.
8. Oil & Natural Gas Corporation Limited 59. (b) To secure Global Net-Zero by Mid-Century and keep
9. Power Grid Corporation of India Limited 1.5 Degrees within reach.
10. Steel Authority of India Limited Countries are being asked to come forward with
11. Power Finance Corporation Limited ambitious 2030 emissions reductions targets that
48. (c) The Board of a 'Maharatna' CPSE can make equity align with reaching net zero by the middle of the
investments to undertake financial joint ventures and century.
wholly-owned subsidiaries and undertake mergers 60. (c) The UNFCCC has 197 parties including India, China
and acquisitions in India and abroad, subject to a and the USA. Generally it meets in Bonn, the seat of
ceiling of 15 per cent of the networth of the the secretariat, unless a Party offers to host the
concerned CPSE, limited to Rs 5000 crore in one session.
project. 61. (b) The Kunming Declaration calls for "urgent and
49. (d) “Maharatna” status is granted to a company which integrated action" to reflect biodiversity
has recorded more than Rs. 5,000 crore of net profit considerations in all sectors of the global economy
for three consecutive years, an average annual but crucial issues - like funding conservation in
turnover of Rs. 25,000 crore for three years or should poorer countries and committing to biodiversity-
have an average annual net worth of Rs. 15,000 friendly supply chains - have been left to discuss
crore for three years. It should also have global later.
operations or footprints. The Government has laid 62. (c) CBD is not a legally binding treaty which has been in
down criteria for grant of Maharatna, Navratna and force since 1993. CBD Secretariat is based in
Miniratna status to CPSEs. Currently there 11 Montreal, Canada and operates under United
Companies with ‘Maharatna’ Status awarded by the Nations Environment Programme.
Indian Government. 63. (b) In 2000, a supplementary agreement to the
50. (c) Power Finance Corporation Ltd was incorporated on Convention known as the Cartagena Protocol on
July 16 1986 as a public limited company. The GoI Biosafety was adopted. It came into force on 11th
established the company as a financial institution in September 2003. The Protocol seeks to protect
order to finance facilitate and promote power sector biological diversity from the potential risks posed by
development in India with the President of India living modified organisms resulting from modern
holding 100% of the equity share capital. biotechnology.
51. (a) On 18 June 2017, as part of Operation Juniper, 64. (d) Adaptation Fund (AF) was established under the
about 270 Indian troops armed with weapons and Kyoto Protocol in 2001 and has committed USD 532
two bulldozers crossed the Sikkim border into million to climate adaptation and resilience activities.
Doklam to stop the Chinese troops from constructing 65. (c) World Wildlife Day is celebrated every year on March
the road. On 28 August, both India and China 3 to cherish the planet's wildlife and biodiversity. This
announced that they had withdrawn all their troops day is dedicated to raising awareness of the world's
from the face-off site in Doklam. wild fauna and flora.
52. (b) India-China border disputes cover 3,488-km along
the Line of Actual Control, China-Bhutan dispute SECTION – C: LEGAL REASONING
covers about 400 km.
53. (c) 4 states viz., Himachal Pradesh, Uttarakhand, 66. (c) The correct answer is option C because, as per the
Sikkim and Arunachal Pradesh and a Union given legal principle in the passage (1 st line of the
Territories of Ladakh (erstwhile state of Jammu & passage), the father does not own the daughter to
Kashmir) share a border with China. The Sino-Indian dictate terms and every child has a right to use his or
border is generally divided into three sectors namely: her mother’s surname, on this ground, her claims as
Western sector, Middle sector, and Eastern sector. a beneficiary cannot be denied.
54. (c) India and Bhutan are the two countries with which Options A and D are not the correct as passage does
China is yet to finalise the border agreements. not enumerates that using mother’s surname will
55. (b) The Line of Actual Control (LAC) is the demarcation deprive child from the property of father. Even in the
that separates Indian-controlled territory from passage where question was to avail insurance
Chinese-controlled territory. claims, court has disposed of the petition with a
56. (c) India has promised to cut its emissions to net zero by liberty to the man to approach his daughter’s school
2070 - missing a key goal of the COP26 summit for to show his name as the father but has not deprived
countries to commit to reach that target by 2050. from the insurance claim.
Prime Minister Narendra Modi made the pledge, the Option B is not the correct answer because the
first time India has set a net zero target, at the question of law is about her being a beneficiary of the
Glasgow summit. scheme; the question is law has nothing to do with
her relationship with her father.
Hence, option C is the correct answer.
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67. (c) The correct answer is option C, because the change Options B and C are incorrect since an omission still
of the name of a child will not be a ground for took place.
renouncing her claims over insurance policies. Even 72. (b) Since it is clearly enumerated in the passage (3 rd
in the passage where question was to avail para , 1st line) that question is not about whether an
insurance claims, court has disposed of the petition employee was involved in a dispute of trivial nature
with a liberty to the man to approach his daughter’s and whether he has been subsequently acquitted or
school to show his name as the father but has not not. The question is about the credibility and/or
deprived from the insurance claim. Which shows that trustworthiness of such an employee. In the present
there is no restraint to claim benefit of scheme even situation not disclosing the information is breach of
on changing the name. trust. Options A and B are incorrect as passage do
Option A is not the correct answer because it is not give responsibility to employer to enquire, it is the
irrelevant to the question of law and the reasoning of duty of employee to disclose the information. Option
the statement is not supported by the legal D is incorrect being contradictory to the passage,
information given in the passage. because it is the duty of employee to disclose the
Option B is not the correct answer because she is information correctly.
the beneficiary of the scheme. Her right over the 73. (d) as by filling out public record he has made the full
scheme is not dependent on her biological father’s disclosure. It was the duty of HR head to collect all
claim. the past information of foreman from public records.
Option D is not the correct answer because as per Option A is incorrect because option D answers
the legal information given in the passage, she more appropriately. As the passage is about
cannot be denied any such benefits merely on the disclosure of information hence, option D will be
basis of her changed name. more accurate when compared to option A. Option
68. (d) The correct answer is D because as per the legal B is incorrect as candidate had filled out with a public
principles given in the passage, the central idea is record. Option C is incorrect because no such
that a parent does not own the child to dictate terms records were asked by the company.
and every child has a right to use any of her parents’ 74. (d) Since it is clearly enumerated in the passage (3 rd
surnames, given in para 1 line 1. para, 1st line) that question is not about whether an
Option A is incorrect as idea of the passage was right employee was involved in a dispute of trivial nature
to use his or her mother’s surname not to get benefit and whether he has been subsequently acquitted or
from father’s property after changing the surname. B not. The question is about the credibility and/or
and C are not justifying the central idea of the trustworthiness of such an employee. Option A is
passage because it discusses about the name not incorrect because option D justifies the passage
surname and passage states about right to use more correctly by using the word ‘paltry’. Options B
surname of any one of the parent not of any other and C are incorrect on the basis of reasoning of
surname, thus Options B & C are incorrect. Hence option A and information given in 1st line of 3rd para
option D is the correct answer. of the passage.
69. (d) The correct answer is option D because as per the 75. (b) Since it is given in the 4th line of 2nd para of the
legal information given in the passage (para1 line 1), passage that if the employee does not disclose the
a parent does not own the child to dictate terms and material facts then the employer cannot be forced to
every child has a right to use any of her parents’ continue such an employee. The choice/option
surnames. whether to continue or not to continue such an
Option C is not the correct answer because passage employee always must be given to the employer.
does not provid any such principle related to the Since contempt of court is a criminal offence so she
fundamental rights. could not claim recourse for her termination. Option
Options A and B are not the correct answer because A fails to address the legal principle in the passage,
her mother, even after getting custody of her, does hence stands logically incoherent. Option C is
not dictate the terms in any such manner. incorrect as it is clearly stated in the question that
70. (c) The correct answer is option C because as per the she fails to disclose in her form to Tata Motors.
legal principles given in the passage, the father, or Option D is incorrect as contempt of court is a
mother for instance, cannot dictate his/her terms criminal offence.
over the child pertaining to name/surname. 76. (d) Since the passage clearly denotes in 5th of 2nd para
Bequeathing of property is a matter of personal law, of the passage that choice to continue or not to
which is not discussed in the passage. Hence, continue such an employee always must be given to
options A and D are the incorrect options. the employer. It is clear from the passage that
Option B is not the correct answer because passage submission of criminal records to the company is
only states about the change in surname not about compulsory for the employee. Hence option D is
the religion. Thus, Option C is correct correct. Options A and B are incorrect as passage
71. (d) Even though the omission did not result in any does not exclude dispute of trivial nature. Option C
immediate violations outwardly, the fact that an is incorrect as option D explains better than option C
omission did exist in this case is enough to make him by stating the deduction of the passage.
liable for breach of trust in this case. Option A is 77. (d) as in the given facts, the issues raised by Z are
incorrect since in the present situation question is indeed a public concern because, it is affecting
about liability for Superstore Stores Company and it public at large as are several gangs active in Delhi
lacks legal reasoning. Thus, option A is incorrect. for stealing car. Option A is incorrect because here
matter in issue is about public interest not about
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employer-employee relationship. Option B is incorrect. Option B is incorrect since it lacks any legal
incorrect because there is no employee-employer reasoning as it fails to disclose the ground for refusal.
relationship or there is no service matter involved. 84. (b) as it is clearly mentioned in the 1st line of the passage
Option C is also vague because he was a part time in which The Supreme Court has held that the
employee and he himself investigated and grounds for compassionate appointment of kin
discovered the stealing racket. exclude the divorced daughter. Sheela after
78. (d) As per the passage, PIL related to service matters divorcing her husband before her father’s death will
cannot be entertained. In this case there is no still be considered as divorced daughter. On basis of
service matter to begin with. An employer-employee the above reasoning Option A stands incorrect.
relationship is not bar to file a PIL. Further if PIL has Option C is not a legal opinion instead a moral
merit in it and is of public interest it will be entertained advice. Hence Option C is incorrect. As Options B
for sure. Since our answer from the previous and C are incorrect thus, option D is also incorrect.
question is not changing, the options with ‘yes’ i.e., 85. (d) as it is clearly mentioned in the IV point of 4th para of
A & C are straightaway eliminated leaving us with B the passage that on compassionate ground can be
& D; between them, D is the correct answer due to made only on fulfilling the norms laid down by the
correct explanation. Option B is incorrect as there is State's policy and/or satisfaction of the eligibility
no ground for dismissal of PIL since no service criteria as per the policy. The fact that Sheela known
matter is involved. that her father would eventually succumb to his
79. (d) As per the facts, there is no conclusive evidence as illness does not change the fact that she is divorced
to whether Aman has indeed done insider trading or and hence is not eligible for the appointment.on
not, furthermore even if he does, it is not at all a basis of the same reasoning option B is incorrect.
matter of public interest and neither Ajay has any link Option A as being out of the context of passage is
with the issues involved hence the PIL will be incorrect. Option C is incorrect as passage does not
dismissed eliminating option A. Option B is incorrect outline that premeditating divorce is not a ground for
as Ajay is not fired by Aman. Option C is vague in its compassionate appointment.
entirety since there is no element of public interest in 86. (a) Point V in the 4th para of passage states that the
the present scenario, leaving us with Option D as the norms prevailing on the date of the consideration of
best choice. the application should be the basis for consideration
80. (b) since the employee-employer relationship or service of the claim for compassionate appointment. Since
matter is irrelevant in this given set of facts, the PIL there existed no provision for compassionate
will be dismissed, either Naman files it or Ajay. Since appointment in the Jal Board, at the time of
our answer from the previous question is not appointment of Ramakant. Thus, on the basis of this
changing, the options with ‘yes’ i.e., A & C are reasoning options B and D are incorrect. Option c is
straightaway eliminated leaving us with B & D; incorrect since it fails to address legal provision.
between them, B is the correct answer due to correct Thus logically incoherent.
explanation. 87. (a) Since the provisions above only declare widowed
81. (d) As per the 3rd para of the passage, a PIL with respect wives to be appointed as compassionate proxies, it
to service matter cannot be filed by a stranger as per prima facie discriminates against men and other
the case of Dr. Duryodhan Sahu & Ors v. Jitendra classes of people excluded from the appointment
Kumar Mishra & Ors and this only applicable when classes and it is given in point IV of 4th para of the
PIL is filed in administrative tribunal. Furthermore, passage that “The appointment to any public post in
since XYZ is a private bank, there is no scope for the service of the State has to be made on the basis
states to take action, also there is no service matter of the principle in accordance with Articles 14 and 16
in the picture hence both the arguments of bank is of the Constitution of India”. Thus, options B and C
incorrect giving us D as the correct answer. On basis are incorrect. Option D is incorrect as it does not just
of this reasoning option A is incorrect. Option B is violate article 16 only.
incorrect as PIL cannot be filed by stranger in 88. (b) Even though article 14 contains the right to equality,
Administrative tribunal here it is filed before High it only subjects equals to the same provision, and
court. Option C is incorrect as it is a private bank so since here, the classes do not stand as being equal.
there is no scope for states to take action. Thus, options A and D are incorrect. Option c is
82. (b) even if X is a customer of the bank and has vested incorrect since the question does not bring it into
interest in filing the PIL, it won’t change the fact that consideration.
the argument of the bank is irrelevant and incorrect. 89. (c) Since the divorce proceedings were completely
Both the arguments were incorrect and will be separate from the divorce proceedings, and since
incorrect. Since our answer from the previous the proceedings were initiated legally and not by any
question is not changing, the options with ‘yes’ i.e., malintent, the same cannot be considered to be
A & C are straightaway eliminated leaving us with B cruelty. Thus, options A and D are incorrect as they
& D; between them, B is the correct answer due to lack reasoning. Option B is incorrect since the
correct explanation. agreement does not contain clear provisions for
83. (c) as it is clearly mentioned in the 1st line of the passage initiating recovery proceedings.
in which The Supreme Court has made it abundantly 90. (a) As has been specified and expounded above, the
clear that the grounds for compassionate fact that all the proceedings are tenable and initiated
appointment of kin exclude the divorced daughter. under the law for viable purposes, the same cannot
As a result of the same, options A and D are be considered to be cruel by any measure. Thus,
options C and D are incorrect. Option B is incorrect
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since all the proceedings were completely separate to be called as witnesses and not for fresh trial. Thus
proceedings, and since the proceedings were option B is correct. On basis of the same reasoning
initiated legally so it does not amount to cruelty. option A is incorrect. Options B and C are incorrect
91. (a) As it has been stated in 3rd para of the passage that as no such information has been provided in the
if a marital tie was not working, no purpose would be passage.
served by postponing the inevitable simply for the 98. (d) as 3rd line in para 3rd of the passage clearly states
pendency of the reference. As the Division Bench’s that “Court has dismissed the application by stating
guidelines is not followed hence option A is correct. that Court is not inclined to exercise power u/s 311
On the basis of above reasoning Options B and C CrPC to recall witness but if foul play by witness is
are incorrect. Option D is incorrect as Article 142 known after judgment is ground for appeal”. As a
gives power to the Supreme Court in the exercise of result of the same, options A,B and C are incorrect.
its jurisdiction may pass such decree or make such 99. (c) since 2nd line of 4th para in the passage states that
order as is necessary for doing “complete justice” in both senior and junior counsel stands on the same
any case pending before it. foot being the counsel in same matter. His junior had
92. (a) It is clearly stated in the 4th para of the passage that been pleading all his matters in his stead and he is
“the Bench concluded without hesitation that the also a lawyer so will continue the case. Thus, option
marriage had not worked and cannot work, not only C is correct. Option A is incorrect as passage clearly
on account of the appellant's second marriage but states that in same matter they are on same foot.
also because the parties were so troubled by each Option B is incorrect as fails to address the
other that they were not willing to even think of living information given in the passage. Option D is
together”. In the present scenario both parties are incorrect as option is correct.
willing to give one more chance to marriage. Hence, 100. (b) as per 1st para of the passage a mere change in
option A is correct.. As a result of the same, options counsel cannot allow for a recall of witnesses
B and C are incorrect. Option D is incorrect since no examined or not. Due to this reasoning in place,
court has complete discretion in deciding matters options A and D are incorrect. Option c is incorrect
over all family matters under law. This option is out since the specific provision has been provided in the
of context of passage. Thus stands incorrect. option C.
93. (d) Since 1st para of the passage states that filing 101. (b) because as is mentioned in 1st line of 2nd para in
complaints seeking the removal of one's spouse the passage that , “State is under an obligation
from a job amount to mental cruelty. Thus Courts to keep such criminal databases updated and it
judgment is in compliance with Supreme Court. is excepted that the said exercise be carried out
However, due to no inference regarding the same at the earliest, as also, periodically to ensure
has not been made above in the passage, options A justice to one and all.” Therefore, the database
and B are incorrect. Option C is also incorrect since needed to be updated earlier.
courts judgment is in compliance with the judgment Option (a) is incorrect since this is not an excuse to
of Supreme Court in the passage. Thus, option D is justify violation of Article 21 of somebody. This fault
incorrect. might cost a person his personal liberty without any
94. (c) Since all the furniture was given by her father so that fault.
his daughter can have a better life. In the passage Option (c) is incorrect because even though this
no such ground is given which amounts to cruelty. delay is not major, but it is still enough to cost a
Options A and B are incorrect as is bases only on person his personal liberty and such delay, therefore,
moral opinion. Option D is incorrect on the basis of should not be caused.
the reasoning of option C. Option (d) is incorrect because this is irrelevant to the
95. (a) Evident fraud at play is being observed in the passage, and no fact mentioned either in the
question above, and thus, due to no fault of his own, passage/the question can lead to this conclusion.
the respondent cannot be continued to be 102. (a) Option A is correct, as 5th line of the 1st para in
represented by a fraudulent lawyer. However, since the passage states that if despite acquittal from
the passage above does not contain any provision courts, a system reflects a person as a criminal
for a fresh trial, the same cannot be allowed here as without indicating the fact of acquittal then, in my
clearly states in the 1st para of the passage that view, presumption of innocence goes for a toss.
“mere change of counsel by the parties would not Option C is incorrect because even though the
entitle the respective counsel to recall witnesses acquittal was not mentioned in the database, which
examined prior to the change”. Options B and D are is the fault due to which Yuvraj’s bail was denied, but
incorrect since no fresh trial can be ordered. question is whether the act of court is justiciable.
96. (b) The fact that the deceased had already testified, and Hence option C is incorrect
was called again, are two different things. Thus, the Option D is incorrect because option B is correct.
earlier testimony stands unaffected by the death of 103. (c) Option (c) is correct because as is mentioned in
the witness. As a result of the same, options A and 1st line of 2nd para in the passage that , “State is
D are incorrect. Option C is incorrect on the grounds under an obligation to keep such criminal
of lacking any factual matrix pointing to the same as databases updated and it is excepted that the
death of a person does not invalidate the authenticity said exercise be carried out at the earliest, as
of the testimony of the deceased. also, periodically to ensure justice to one and
97. (b) as 2nd line of the 2nd para in the passage states that all.” Therefore, the database needed to be
“power u/s 311 of CrPC for recalling the witness”. updated. The police committed two-fold faults.
Since section 311 of CrPC only provides for persons One was to take 15 years in updating the
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database, and the other one is to still not 107. (d) The correct response is (D) because in the first
mentioning the fact of his acquittal in the paragraph, the author states that a preservationist
database. Losing the database earlier is another need not have a dualist view, and therefore the
fault on the part of the police, due to which the argument of Turner and Jordan that the
acquitted persons can suffer. preservationists are also "unhealthy" dualists is an
Option (a) is incorrect because however much time unfair claim. (D) is also supported later in the first
has it been since his acquittal, the criminal record paragraph, where the author criticizes Turner and
database must have accurate information, or it could Jordan for the "sharpness and relentlessness of their
hamper or influence the results of other cases which attack on preservationists." (A) confuses the
would be decided on the basis of the database. information in the passage.
Option (b) is incorrect because even though there is The author suggests that it is the restorationists such
no case at present, there can be a case in the future, as Turner and Jordan (not the preservationists) who
and even without that, the database must have are not critical enough of those who have plundered
accurate information, without additions or omissions, the natural world.
as can be deduced from the theme of the passage. (B) and (C) confuse the author's viewpoint with the
Option (d) is incorrect because it is totally viewpoint of others mentioned in the passage. It is
superfluous and it can be deduced from nowhere in the restorationists, not the author, who claim that the
the passage that a learned man should be treated preservationists base their ideas on an unhealthy
differently. dualism and who suffer from the same mind-set as
104. (c) Option C is correct because nowhere is it the industrial mainstream.
mentioned that Harishad was acquitted, still the 108. (c) The correct response is (C). (A) runs contrary to the
database is showing that he had been acquitted. passage and does not identify which issues are
This may lead to freeing an offender, which is subject to debate and which are not. (B) is only
again injustice on the society due to faults in partially supported in the latter portion of the
maintaining the database. statement; the former (to identify problem areas
Option A is incorrect because that Harishad has within a school of thought) does not form part of the
been acquitted has not been mentioned anywhere first paragraph. (D) distorts the information in the
and thus, it cannot be deduced. passage. Although the author includes some
Option B is incorrect because the passage does not "historical" background but apart from this single
talk anything about the time period of a database reference to past events, the paragraph speaks in
making it defunct. A 20 year old database might also terms of the present day.
be used today for decision of certain cases. There is 109. (a) The correct response is (A). The author states that
no bar to that. Turner's and Jordan's descriptions of restorationist
Option D is incorrect because it is the responsibility activities "do not cohere well with the community
of state to maintain correct database. Be it of any use participation model." On following this, it is
or not but information has to be correct and updated. reasonably inferable that restorationists' activities
Even if in present situation there is no another case are more consistent with this other model than with
against him but it does not eliminate the possibility of the community participation model.
another case in future. (B) confuses the information in this portion of the
105. (a) Option A is correct because all the facts passage. It is contrary to what has been said in the
mentioned in option A are given in 1st line of the passage. (C) confuses the information in the
1st para in the passage. passage-specifically, by bringing in irrelevant
Option B is incorrect because the passage says information. The author is not concerned at all in this
Article 21 would be violated and not Article 20. portion of the passage with the preservationists. (D)
Moreover, the Delhi Court judge mentioned Delhi is somewhat consistent with the information in the
police to update the database and not the Bihar passage, but it does not respond to the question. The
police. author does identify the organic model as one type
Option C is incorrect because a Delhi Court judge of "holistic" model, but, the author states that it may
said the same, instead of a Bihar Court judge. be more serviceable than another holistic model.
Option D is incorrect as the passage says Article 21 110. (d) The correct answer is (D). The author finds some
would be violated and not Article 20. point of similarity among all other models mentioned.
Therefore, by elimination, (D) is the best response.
SECTION - D : LOGICAL REASONING Refer to the lines, ‘Dissatisfaction with dualism has
for some time figured prominently in the unhappiness
106. (c) Although the passage does digress in the last of environmentalists with a mainstream industrial
paragraph (suggesting a possible transition to society…’
another area of discussion), the passage is devoted (A) and (B) are not viable. The author points out
mainly to a critical analysis of the restorationists' several similarities between the organic model (a
environmental philosophy, as exemplified by Turner holistic model) and the domination model. (C) is not
and Jordan. A is too narrow. The author makes no a viable response, since the author points out in the
claim to having formulated the organic model or that paragraph that the community participation and
it is a "new philosophical model”. B is too narrow and organic models both picture nature as a system of
not well supported. (D) distorts the author's purpose. interconnected parts.
(C) supports well the primary purpose of this 111. (c) Option C is the correct answer because the author
passage. tries to put forth through the passage to remove the
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SECTION – C: LEGAL REASONING
Directions (Q.66 – Q.105): Read the comprehensions carefully and answer the questions based on it.
Passage (Q.66-Q.70): In a judgment delivered on Wednesday, the Supreme Court explained the difference
between culpable homicide under Section 304 of the Indian Penal Code and murder under Section 300
IPC.
The court referred to the following observations made in Pulicherla Nagaraju & Nagaraja Reddy v State of
Andhra Pradesh which outlined considerations that should weigh with courts, in discerning whether an act
is punishable as murder, or culpable homicide not amounting to murder:
"Many petty or insignificant matters - plucking of a fruit, straying of cattle, quarrel of children, utterance of
a rude word or even an objectionable glance, may lead to altercations and group clashes culminating in
deaths. Usual motives like revenge, greed, jealousy or suspicion may be totally absent in such cases.
There may be no intention. There may be no premeditation. In fact, there may not even be criminality. At
the other end of the spectrum, there may be cases of murder where the accused attempts to avoid the
penalty for murder by attempting to put forth a case that there was no intention to cause death. It is for the
courts to ensure that the cases of murder punishable under Section 302, are not converted into offences
punishable under Section 304 Part I/II, or cases of culpable homicide not amounting to murder are treated
as murder punishable under Section 302. The intention to cause death can be gathered generally from a
combination of a few or several of the following, among other, circumstances;
(i) nature of the weapon used;
(ii) whether the weapon was carried by the accused or was picked up from the spot;
(iii) whether the blow is aimed at a vital part of the body;
(iv) the amount of force employed in causing injury;
(v) whether the act was in the course of sudden quarrel or sudden fight or free for all fight;
Source: https://www.livelaw.in/know-the-law/supreme-court-distinction-between-culpable-homicide-
murder-181800
66. Two lawyer friends were once talking on a controversial topic. One of them, Amulya made a religious point,
which hurt the sentiments of the other one, Mulyawaan. Mulyawaan got angry. He found a nail cutter
nearby. He picked the nailcutter and threw at Amulya. The nail cutter hit the knees of Amulya. Amulya had
undergone knee replacement surgery recently. His stitches opened and due to overflow of blood, he died
instantly. Amulya did not know about the surgery. Decide.
(a) Mulyawaan is liable for murder under section 302.
(b) Mulyawaan is liable for culpable homicide under section 304 for culpable homicide not amounting to
murder.
(c) Mulyawaan is liable for culpable homicide under section 300.
(d) Mulyawaan is not liable for culpable homicide since knee is not a vital organ and he was not aware of
the surgery.
67. Two lawyer friends were once talking on a controversial topic. One of them, Amulya hated Mulyawaan for
his views ever since they had known each other. Amulya once made a religious point, which hurt the
sentiments of the other one, Mulyawaan. Mulyawaan got angry. Amulya after knowing about the knee injury
of Mulyawaan pulled out a nail cutter from his pocket and threw it at his stitches, which opened and Amulya
died from overflow of blood. Decide.
(a) Mulyawaan is liable for culpable homicide amounting to murder under Section 302.
(b) Mulyawaan is liable for culpable homicide amounting to murder under Section 304.
(c) Mulyawaan is liable for culpable homicide amounting to murder under Section 300.
(d) Mulyawaan is not liable for murder as it is grave and sudden provocation..
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68. Class 11th students of a school were in the sports ground during the sports period. Sohit and 12 other
students were playing basketball and were blaming Vinesh for cheating. As a result a fight broke up
between Sohit and Vishesh. One of the student Abhay, who was not allowed to play with them since he
couldn’t be divided in the team, hopped into the fight and hit a stone on Vishesh’s head, who started to
bleed and died. Everybody blamed Sohit. Decide.
(a) Sohit is liable for culpable homicide under Section 304 as he shouldn’t have pointed out the cheating
and started the fight in the first place.
(b) Abhay is liable for culpable homicide under Section 304 as he shouldn’t have aimlessly entered
between people who were fighting.
(c) Nobody is liable since they were 11th class students and each one of them is minor.
(d) Abhay is liable under Section 302 since he intentionally hit on Vishesh’s head.
69. A and B were good friends, who had an altercation one day. They used to throw things at one another
playfully for a long time. During this altercation, A threw a knife towards B aiming at his head, which rather
hit his chest, with mild force. The knife pierced through his heart and B died on the spot. Decide.
(a) A is liable for culpable homicide amounting to murder under Section 302.
(b) A is liable for culpable homicide not amounting to murder under Section 304.
(c) A is liable for murder under Section 300.
(d) A is not liable, since he was friends with B.
Passage (Q.71-Q.75): In Thwaha Fasal vs Union of India, the Supreme Court has acted in its introspective
jurisdiction and deconstructed the provisions of the Unlawful Activities (Prevention) Act (UAPA) with a great
sense of legal realism. This paves the way for a formidable judicial authority against blatant misuse of this
draconian law.
In this case from Kerala, there are three accused. The police registered the case and later the investigation
was handed over to the National Investigation Agency (NIA). During the investigation, some materials
containing radical literature were found, which included a book on caste issues in India and a translation
of the dissent notes written by Rosa Luxemburg to Lenin. There were also leaflets that were allegedly
related to Maoist organizations.
Thus, the provisions of the UAPA were invoked. Against the first accused, Allen Shuaib, offences under
Sections 38 and 39 of the UAPA and 120B of the Indian Penal Code (IPC) were alleged. Section 38 deals
with “offence relating to membership of a terrorist organization” and Section 39 deals with “offence relating
to support given to a terrorist organization.” Section 120B of the IPC is the penal provision on punishment
for criminal conspiracy. Against the second accused, Thwaha Fasal, over and above these charges,
Section 13 of the UAPA was alleged — which is the provision about punishment for unlawful activities.
The Supreme Court, after a comprehensive examination, upheld the trial judge’s finding that the materials,
prima facie, do not show any “intention on the part of both the accused to further the activities of the terrorist
organization”. It found fault with the High Court for not venturing to record, prima facie, findings regarding
charges against Thwaha, whose bail was set aside by the High Court.
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The Supreme Court was emphatic and liberal when it said that mere association with a terrorist organization
is not sufficient to attract the offences alleged. Unless and until the association and the support were “with
intention of furthering the activities of a terrorist organization”, offence under Section 38 or Section 39 is
not made out, said the Court. Mere possession of documents or books by the accused at a formative young
age, or even their fascination for an ideology, does not ipso facto or ipso jure make out an offence, the
Court ruled.
The judgment also exposes the hypocrisy of the law of, the UAPA. Unlike the Criminal Procedure Code,
the UAPA, by virtue of the proviso to Section 43D(2), permits keeping a person in prison for up to 180 days,
without even filing a charge sheet. Instead of presumption of innocence, the UAPA holds presumption of
guilt of the accused. Section 43E of the Act expressly says about “presumption as to the offences”.
According to Section 43D(5), jail is the rule and bail is often not even an exception though when health of
a person is in question it should be given utmost importance to consider the bail as matter of right. The
Court, in Thwaha Fasal, refused to construct this Section in a narrow and restrictive sense. This analysis
has to some extent, liberalised an otherwise illiberal bail clause.
Source: A new jurisprudence for political prisoners, November 8th, 2021, The Hindu,
71. Keshvan was arrested by the Kullam Town Police Station in the state of Mastaka in connection with the
investigation of a crime, wherein he was alleged to have the possession of pamphlets narrating "armed
revolution and violence against Sindhian constituency", supporting the banned organization namely,
Communist Party of Sindhia (Maoist) (hereinafter the CPS (M)). It was also found that he had frequent
contacts with one Sheshvan, who is the member of the urban action team of the CPS (Maoist) through
WhatsApp. It was also found in the investigation that he had close acquaintance with the 'Janakaya
Manushyata Prasthanam', which is recognised, identified and scheduled as a terrorist organization in the
law.
You are the legal representative on behalf of Keshvan; considering the fact that laws in the Union of Sindhia
are pari materia to the laws of the Union of India, provide the appropriate defence in favour of your client
as per the legal information given in the passage.
(a) The arrest is not valid because there was no intention on the part of the accused to further the activities
of the terrorist organization.
(b) The arrest is not valid because merely having the possession of the pamphlets does not hold him liable
under the provisions of the alleged law.
(c) The arrest is not valid because merely having contact with the member of the organization does not
show culpability.
(d) The arrest is not valid because the accused has not be informed about the charges imposed on him,
which is a Fundamental Right of an arrestee.
72. Considering the facts from the previous question, supposedly, it was found that Keshvan has been
appointed as the regional leader of the CPS (M) in Kullam Town, he has been organizing rallies and actively
recruiting the students in the organization. Whether he can seek the defence against the charges imposed
against him under the UAPA? Answer the question as per the legal information given in the passage.
(a) Yes, he can seek the defence because the alleged act does not show his intention to indulge in any of
the terrorist activities.
(b) Yes, he can seek the defence because mere appointment as a regional head of the organization does
not denote his active participation in the any of the terrorist activity of the organization.
(c) No, he cannot take the defence because his appointment, and his act of recruiting the students for the
organization denotes his intention to commit terrorist activities
(d) No, he cannot take the defence because the alleged act of recruiting the students for the organization
denotes his intention to further the activities of the organization
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73. Manzar Sheikh has been arrested by the Akaba Police Station in the state of Udhyan under the provisions
of the Unlawful Activities Prevention Act, and he was arrested on March 25th, 2021. An order dated August
21st, 2021 passed by the Roster Judge, Trial Court, whereby the Court on an application submitted by the
learned Additional Public Prosecutor for extending the period of investigation for further 90 days was
accepted. An application under Section 167 (2) has been filed seeking statutory bail on the completion of
180 days. Decide the matter as per the legal information given in the passage extending the period of
investigation with arrest in valid or not?
(a) The arrest is valid under the provisions of the UAPA because the arrest can be done for 180 days
without filing the charge-sheet before the Court.
(b) The arrest is valid under the provisions of the UAPA because the Trial Court is empowered to allow the
detention of the person for an indefinite time under the Act.
(c) The arrest is not valid under the provisions of the UAPA because the arrest can be done for 180 days
without filing the charge-sheet before the Court.
(d) The arrest is not valid because the person has not been given the opportunity to defend the extension,
which is against the principles of Natural Justice.
74. Dr. Sittavan, a professor of Political Science in the Jhalawar University in the state of Dholvira. He is in
affiliation with the organization named Yalgar Parishad, which is a recognized as unlawful organization
under the Unlawful Activities Prevention Act (hereinafter the UAPA) of the Union of Rakhigarhi. He was
found promoting the objectives of the organization among his students in the University. He was also found
to facilitate the arms deal for the organization. He was charged under Section 13, 16, 17, 18, 18-B, 20, 38,
39 and 40 of the Act. While he was in custody, certain health issues were raised in him due to his age, and
emergency medical care was needed, a writ petition has been filed before the High Court of Dholavira by
his family to seek the release of him on the medical grounds.
Decide the case as per the legal information given in the passage.
(a) The petition is valid because the arrest under the provisions of the UAPA was not valid considering the
health condition of the person.
(b) The petition is valid because the arrest under the provisions of the UAPA was not valid because the
alleged act of the arrestee does not denote his intention to further the terrorist activities.
(c) The petition is not valid because the arrest under the provisions of the UAPA was valid because the
arrestee was affiliated with the organization, and has done certain acts actively for the furtherance of
the organization.
(d) The petitioner is valid because the person so arrested has though indulged in the terrorist activities, is
in need of urgent medical assistance.
75. Napoleon and the members of his gangs were in the target of the police of the state of Ostrich in the Union
of Narnia from past some years for their alleged activities of transporting young people from Narnian
territory to the foreign territory, and the police administration has got the secret information that the same
was happening as a recruitment process for the terrorist organization. Once they were caught red-handed
by the police authority, and were charged under the provisions of the Unlawful Activities Prevention Act.
During the investigation, they have admitted the act of transporting young people, but they have stated that
they did not know about the purpose of the transportation, as they were merely contacted to transport the
human for a decided monetary commission. Considering the fact that the laws of the Union of Narnia is
pari materia to the laws of the Union of India, decide the case as per the legal information given in the
passage.
(a) Their arrest under the UAPA is valid as their act was alleged to be in furtherance for the terrorist
activities.
(b) Their arrest under the UAPA is valid because their act of transporting the young people denotes their
active participation in the illegal activities.
(c) Their arrest under the UAPA is not valid because their act of transporting the young people does not
show their intention to work for the furtherance of the terrorist organization.
(d) Their arrest under the UAPA is not valid because as per the law the active association with the terrorist
organization is essential, which the accused did not have.
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Passage (Q.76-Q.80): The Supreme Court on Friday said any attempt of booth capturing and bogus voting
should be dealt with an iron fist because it ultimately affected the rule of law and democracy.
"The essence of the electoral system should be to ensure freedom of vote to exercise their free choice.
Nobody can be permitted to dilute the right to a free and fair election," a bench of Justices D Y Chandrachud
and M R Shah said.
It said the trial court has rightly convicted all the accused were the members of the unlawful assembly in
prosecution of the common object, namely, “to snatch the voters list and to cast bogus voting”.
Taking a grim view of election-related offences, the court referred to its previous judgment in the case of
'People’s Union for Civil Liberties Vs Union of India' (2013) which stated that freedom of voting is a part of
the freedom of expression.
"Secrecy of casting vote is necessary for strengthening democracy and to ensure that a voter casts his
vote without any fear of being victimized. Democracy and free elections are a part of the basic structure of
the Constitution. The election is a mechanism, which ultimately represents the will of the people," the bench
said, citing the judgment.
Source: Can't permit anybody to dilute free and fair polls: Supreme Court,
76. Malagaon Desham Party, the ruling party in the state of Sauhadra has enhanced the routes of the buses
for the voters from the far-fledged area to bring them to the polling booth. Telaniram, a member of the
opposition party filed a complaint stating this exercise is to be a violation of free and fair election. Decide
the case as per the given legal information in the passage.
(a) The alleged act is not violative of free and fair election because it is not infringing the secrecy of votes.
(b) The alleged act is violative of the free and fair election because it will influence the voters towards the
ruling party.
(c) The alleged act is not violative of the free and fair election because it is duty on the part of the
government of conduct election with maximum participation of voters.
(d) The alleged act is violative of the free and fair election because it is violative of model code of conduct
during the election process.
77. In the constituency of Bhanupur, only 34% of voters have arrived to cast their votes till 2:00 pm on the
voting day. Sambha, a worker of the Samanjasya Samarta Party, took the voters’ list and started the
absentees forcefully to the polling station to make them cast their votes. Jaydev, a reporter from Jagrit
Duniya filed a complaint against the Samanjasya Samarta Party for booth capturing and unlawful assembly
by the supporters of the party. Whether anyone will be liable for violating the free and fair election?
(a) The alleged act is violative of the free and fair election because the member of the party was indulged
in bogus voting, and hence, the party will also be liable.
(b) The alleged act is not violative of free and fair election because it is ensuing that the people cast their
votes in larger number.
(c) The alleged act is violative of the free and fair election because , and hence, the party will also be liable.
(d) A political party cannot be held liable for the act of its worker because Sambha was neither authorized
nor instructed to do so.
78. In the state of Tintina, where most of the populations are farmers, the elections were held on July 10th,
2021. During the election, a group of farmers came to cast their vote but instead of doing so, they started
raising slogans against the recent farms’ bills passed by the Union government of Vimana. They sat on the
peaceful protest against the bills outside the polling booth. Considering the fact that the law of the Union
of Vimana is pari materia to that of the Union of India, decide the case as per the given information in the
passage that whether farmers are liable for violation of free and fair election.
(a) The farmers will be liable because they are infringing the right to free and fair election by way of putting
the disruptions in the election.
(b) The farmers will not be liable because it is their fundamental rights to freedom of speech and expression
to raise their voice against the law, and while doing so, they are not infringing the others’ right to vote.
(c) The farmers will be liable because they have captured the booth, and were influencing the voters.
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(d) The farmers were not infringing the secrecy of casting votes, and were neither victimizing the votes in
the same. Hence will not be liable.
79. Mriganka Sonewal, a candidate from the Rajnitik Alinkrit Party in the by-election for the constituency of
Vibhanipur, went for the door-to-door campaign. During her campaign, she herself handed over the voters’
slips at their door. Jorawar, a public-spirited person filed a petition against her for violating the norms of a
free and fair election and secrecy of election. Decide the case as per the legal information given in the
passage.
(a) She will be liable as her alleged act would defeat the purpose of the free and fair election, because the
secrecy of the votes, and privacy of the voters are at stake.
(b) She will be liable as her alleged act infringes the free and fair election because it will influence the
election process in an unreasonable manner.
(c) She will not be liable as her alleged act will not infringe the free and fair election because it is common
practice during the election campaign.
(d) She will not be liable as her alleged act will not infringe the free and fair election because her act does
not attract the instances of booth capturing, or bogus voting.
80. Assertion (A): Right to vote is a fundamental right of persons enshrined under Article 19 of the Constitution.
Reasoning (R): While a statute can decide the modalities of voting, the act of voting is a part under Article
19(1) (a) of the Constitution.
Choose the correct option:
(a) Both A and R are true, R is the correct explanation of A
(b) Both A and R are true, R is not the correct explanation of A
(c) A is correct and R are incorrect
(d) A is incorrect but R is correct
81. A wife, Samai, filed a perjury case against her husband, Xavier in Delhi High Court. Xavier had gifted his
child Sam an iPhone and gave him treats every now and then in order to ask him to testify in the court that
his mother, as a matter of husband, beat him. He testified for the same when the case was filed by Xavier
against Samai. Samai then filed a case of perjury against Zavier. The petition was delayed for three months
before the matter could come up for hearing. Decide.
(a) The husband can be subject to ten years of imprisonment.
(b) No fine would be collected from Xavier on account of perjury.
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(c) In light of the facts mentioned, nothing can be done since the case is in Delhi.
(d) It is not advisable to provide an iPhone to the child.
82. A murdered B in Vijapura, Karnatak and a murder trial was going on against him on this account. The same
murder was witnessed by C. D, a police officer threatened C to not testify against A otherwise he will be
punished. The same was found out and a perjury complaint was filed against D. The trial court deferred
the perjury case until the murder case is decided. Decide.
(a) This is a wrong committed on the part of the trial court.
(b) It is logical for the trial court to defer the perjury petition until the decision of the murder trial.
(c) D can be subjected to seven years of imprisonment.
(d) C shall be punished for perjury.
83. A person A, filed a case against C of corporate tax theft of Rs. 1.35 crores. C had made fabricated
documents through P which proved that the said tax was paid to the government, and the documents
passed the verification test as well. P’s name occurred during the trial and he was called for testifying,
and on the basis of his testification, a perjury case was filed against P. At this time, an urgent petition of a
superstar’s kid came up. The Court deferred the case for 14 days, then for 28 days and then for 2
months. Decide.
(a) Since the superstar’s kid’s case would be followed by the whole nation, it is necessary for the court to
devote more resources on that so as to keep the faith of the general public in judiciary upright.
(b) Life imprisonment should be awarded to people like P, since they ruin the country by theft of corporate
tax, fabricating evidence and corruption.
(c) The perjury petition should not have been deferred, otherwise there was all possibility of the fountain
of justice being polluted.
(d) Offence of perjury is established against P.
84. A person A, filed a case against C for corporate tax theft of Rs. 1.35 crores. C had made fabricated
documents through P which proved that the said tax was paid to the government, and the documents
passed the verification test as well. P’s name occurred during the trial and a few pages of his personal
diary could be accessed. On the basis of the same, his computer was accessed and checked and it was
found that he had created a software just to fabricate documents pertaining to tax theft. A’s document of
fabrication of non-payment of tax could also be accessed. The case was delayed by the court for Passover.
Decide.
(a) Since there has been no requirement of oral evidence, the case does not pertain to perjury.
(b) Seven years of rigorous imprisonment would be granted to P.
(c) Deferring the case is a wrong committed on the part of the court.
(d) P will be liable for the three years of rigorous imprisonment.
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Passage (Q.86-Q.90): Setting aside the conviction order passed against a Husband for abetting the suicide
of his wife, the Allahabad High Court last week held that separating wife from his own life could not be a
reason which could come under the category of the abetment. At the outset, the Court noted that the trial
court had found that the appellant used to torture the deceased mentally and that he had created such a
situation before the deceased by separating her from his life that she was not left with any other option but
to commit suicide and therefore, the Trial Court held him guilty of abetting the suicide of wife.
However, the High Court opined that this finding of the trial court was not in consonance with the settled
position of law regarding abetment, as the Court noted that before a person may be said to have abetted
the commission of suicide, he must have played an active role by an act of instigation or by doing a certain
act to facilitate the commission of suicide.
Significantly, the court noted that in order to bring the case under Section 306 IPC abetment of suicide, it
must have been proved that the husband instigated the deceased to commit suicide or that he engaged
with one or more persons in any conspiracy to abet the deceased to commit suicide or that he intentionally
aided by any act for abetting her to commit suicide.
86. A and B were batchmates in XYZ public school. A was new admission there and was a little naive, when
other students realised this about A, they started bullying him. B was also one of the bullies but did not
bully A as much as other students, but whenever he did, it always made A break into tears. On the last day
of the school before summer vacation, most of the students except B bullied A. Infuriated by the same, A
rushed to his home wrote a suicide note wherein he stated that B and other students bullied him, and then
he cut his wrist to bleed to death. The police arrested B on the charges of abetment to suicide, determine
his liability.
(a) B is not liable because he was not the one who bullied him on the last day.
(b) B is liable because he had been constantly bullying A in the past.
(c) B is not liable because he was quite sensitive towards A and did not bully him like other students.
(d) B is liable because he always made A cry out of frustration.
87. Suppose in the previous question, after the summer vacation everyone stopped bullying A. soon the
midterm exams approached and A fails in the exams since he was not in the mental space to study due to
constant bullying in the past. A became morose with his result and jumped off the school building. The
police arrested the school principal for abetting the suicide of A. Determine the principal’s liability.
(a) Not the principal but B and A’s other batchmates are liable for abetting A’s suicide.
(b) B and the other students are not liable because the bulling had stopped after the summer vacations.
(c) The principal is liable because he failed A, without being considerate towards his mental health which
directly led to A committing suicide.
(d) The principle is not liable because he did not have any active role in A’s suicide.
88. X, Y & Z 10th class student played in the terrace of their apartment, which was of mere one floor. One day
they decided to invent a new game ‘Jump master’ where each participant would have to jump off the terrace
and whoever has the best landing will win the round. Accordingly, they all prepared to jump, X jumped and
the other two gave him 7 points, Y jumped and the other two gave him 8 points. Z was quite afraid that he
might die but X & Y motivated him and he jumped; but made a crash landing, stuck his head in a rock and
died immediately. The police arrests X & Y for abetting Z’s suicide, determine their liability
(a) X & Y are not liable because they did not have any intent to abet Z’s suicide.
(b) X & Y are liable because they did motivate Z to jump; with the active role in Z’s suicide, they satisfied
the conditions for abetment.
(c) X & Y are not liable because the conditions of abetment to suicide is not met.
(d) X & Y are not liable because volenti non fit injuria will be applicable in this case.
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89. Suppose in the previous question, Z had suicidal tendencies since the past few months known to X & Y,
and he saw in this game an opportunity to jump and end his life, but he was hesitant to jump, fearing that
he might survive. X and Y motivate him by saying, “jumping is easier than the fact that our lives are full of
despair and with each passing second we come closer to our ultimate destiny, i.e., death”. Z gets motivated,
jumps and dies and X & Y are held liable for abetting his suicide. Would this change in fact, change your
answer to the previous question?
(a) Yes, X & Y are not liable.
(b) No, X & Y are not liable.
(c) Yes, X & Y are liable.
(d) No, X & Y are liable.
90. Mina and Tina are supermodels and best friends. One day they had a fight regarding a new contract of a
reputed company, in heat of the moment Mina punches Tina on her face, the latter falls on the floor injuring
and eventually deforming her face. Tina loses all her business contracts, morose by the same she jumps
of her apartment and dies. Determine the liability of Mina in the light of the given fact and passage.
(a) Mina is liable for grievous hurt because she deformed the face of Tina.
(b) Mina is liable for abetment to suicide because it is due to her that Tina committed suicide.
(c) Mina is not liable..
(d) Mina is only liable for puncing Tina, thereby causing injury and nothing else.
Passage (Q.91-Q.95): The Supreme Court in an 11 judge bench reiterated that the scope of judicial review
on the quantum of punishment imposed in disciplinary proceedings is limited.
"Even in cases where the punishment imposed by the disciplinary authority is found to be shocking to the
conscience of the Court, normally the disciplinary authority or the appellate authority should be directed to
reconsider the question of imposition of penalty",
The court added that it is only in rare and exceptional cases where the court might to shorten the litigation
may think of substituting its own view as to the quantum of punishment in place of punishment awarded by
the competent authority that too after assigning cogent reasons.
The court also noticed the principles set out in Lucknow Kshetriya Gramin Bank and Another vs. Rajendra
Singh in this regard:
1. When charge(s) of misconduct is proved in an enquiry the quantum of punishment to be imposed in a
particular case is essentially the domain of the departmental authorities.
2. The courts cannot assume the function of disciplinary/departmental authorities and to decide the
quantum of punishment and nature of penalty to be awarded, as this function is exclusively within the
jurisdiction of the competent authority.
3. Limited judicial review is available to interfere with the punishment imposed by the disciplinary authority,
only in cases where such penalty is found to be shocking to the conscience of the court.
4. Even in such a case when the punishment is set aside as shockingly disproportionate to the nature of
charges framed against the delinquent employee, the appropriate course of action is to remit the matter
back to the disciplinary authority or the appellate authority with direction to pass appropriate order of
penalty. The court by itself cannot mandate as to what should be the penalty in such a case.
Source: https://www.livelaw.in/top-stories/supreme-court-judicial-review-disciplinary-proceedings-
punishment-union-of-india-vs-ex-constable-ram-karan-185409
91. Delhi Police constituted an investigation-cum-punishment bench with three senior police officers to conduct
an enquiry of Mr. Himmat Singh. The bench found Mr. Himmat guilty of misusing the resources of the police
for 2 days and suspended him from his post, while suggesting a fine of Rs. 4 lakhs besides recommending
a termination letter against him. On further appeal in the Supreme Court in full bench, said that the
punishment is utterly disproportionate. The Court reduced Mr. Himmat’s punishment to suspension for a
month and the fine of Rs. 10,000. Decide.
(a) The Supreme Court’s action is totally correct as the investigation bench’s punishment was utterly
disproportionate.
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(b) The Supreme Court’s action is totally correct as it is Supreme Court so can reverse its judgment and
was beyond the power of investigation bench to give punishment.
(c) The Supreme Court’s action to reduce the punishment is not correct as it is beyond its powers to reduce
the punishment by itself.
(d) The Supreme Court’s action to reduce the punishment is not correct as it should rather have directed
the investigation bench to reconsider the sentence rather than reducing the punishment by itself.
92. In a school in Shimla, there was a 13 year old student who was always involved in mischievous activities.
He was involved in lot of violent fights, never completed his homework on time, and even vandalised
school’s property a few times. The school fined him Rs. 20,000 and gave him a suspension for a month
after enquiry of his actions, and neither allowed him to study there, nor provided him with the School
Leaving Certificate (SLC), so he could not study in any other school as well. He appealed in the Supreme
Court, which ordered the school to provide him with the SLC and reduce the fine to Rs. 10,000. Decide.
(a) The Supreme Court’s action was correct as the school cannot withhold a student’s SLC and bar him
from studying anywhere as it is against the Fundamental Right to Education.
(b) The Supreme Court’s action was incorrect as it should rather have directed the school to reconsider
the punishment rather than altering the punishment itself.
(c) The Supreme Court can alter the punishment given by a school as there has been no enquiry for the
student. Only an analysis of his doings has been conducted.
(d) None of the above.
93. Mumbai Police conducted routine annual enquiry against all police officers. In the course of the enquiry,
three police officers were suspended for a month after the enquiry. These police officers had not appeared
for duty on time multiple times during the past year. One of these police officers requested a judicial review
of the same. Decide.
(a) The judicial review would stand since the enquiry is routine and suspending only three police officers
when everyone in the country is late at work shatters the conscience of the court.
(b) The judicial review would be conducted since one month suspension for being late is not a proportionate
punishment.
(c) The judicial review would not be conducted as only one of the police officers requested the judicial
review and not the other two.
(d) Since nothing in this shatters the conscience of the court, the limited judicial review cannot be invoked
for the purpose of this case.
94. A police officer arrested the son of a superstar in a drugs case. Later, the superstar’s son is released on
bail and an enquiry is set up against the police officer to gather whether or not he had ulterior motives
during/for the arrest. No ulterior motives as such were found but the police officer was suspended from the
case. The court ordered to put him back on the case, unless and until any ulterior motive is concretely
proved.
(a) The court’s action is correct since no ulterior motive whatsoever has been found and the police officer
has still been suspended from the case.
(b) The court’s action is incorrect since the court should rather have directed the enquiring authority to
reconsider their stance on the suspension of the police officer.
(c) The court’s action is correct as it is very necessary for the courts to maintain a check over such
preposterous suspensions of the police officers by taking up suo moto cases.
(d) None of the above.
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95. Which of the following is incorrect according to the given passage?
(a) As per the principles set in Lucknow Kshetriya Gramin Singh and Another vs. Rajendra Bank, when
charges of misconduct are proved in an enquiry the quantum of punishment to be imposed in a
particular case is essentially the domain of the judicial review.
(b) As per the principles set in London Kshetriya Gramin Bank and Another vs. Rajendra Singh, when
charges of misconduct is proved in an enquiry the quantum of punishment to be imposed in a particular
case is essentially the domain of the by-laws.
(c) As per the principles set in Lucknow Kshetriya Gramin Bank and Another vs. Rajendra Singh, when
charges of misconduct is proved in an enquiry the quantum of punishment to be imposed in a particular
case is essentially the domain of the departmental authorities.
(d) As per the principles set in Lucknow Gramin Bank and Another vs. Rajendra Singh, when charges of
misconduct is proved in an enquiry the quantum of punishment to be imposed in a particular case is
essentially the domain of the judicial authorities.
Passage (Q.96-Q.99): The Supreme Court has held that a person who is entitled to the benefit of
reservation in either of the State of Bihar or State of Jharkhand will not be entitled to claim benefit of
reservation simultaneously in both the successor States.
Allowing such simultaneous claim will defeat the mandate of Articles 341(1) and 342(1) of the Constitution,
the Court observed. Those who are members of the reserved category and are resident of the successor
State of Bihar, while participating in open selection in State of Jharkhand shall be treated to be migrants
and it will be open to them to participate in general category without claiming the benefit of reservation and
vice-versa.
The bench said that the collective readings of the provisions of the Bihar Reorganisation Act, 2000, makes
it apparent that such persons whose place of domicile on or before the appointed day (November 15, 2000)
was of Bihar now falling within the districts/regions which form a successor State, that is Jharkhand under
Section 3 of the Act, 2000 became ordinary resident of the State of Jharkhand.
At the same time, so far as the employees who were in public employment in Bihar on or before November
15, 2000, apart from those who have domicile of either of the district which became part of Jharkhand,
such employees who have exercised their option to serve in Jharkhand their existing service conditions
shall stands protected by virtue of Section 73 of the Act, 2000 and vice-versa.
https://enalsar.informaticsglobal.com:2278/top-stories/reservation-category-person-cant-claim-quota-
benefits-simultaneously-in-two-successor-states-supreme-court-180031LiveLaw dated 22/08/2021
96. Aman & Aarti are happily married couples living in Patna. They went for winter vacation to Dhanbad, where
Aarti resided with her parents before marrying Aman. On the midnight of 14 th November2000, Aarti gave
birth to a baby boy who was named Manoj. Soon after the birth of Manoj, Aman & Aarti go back to Patna..
Years later, Manoj is appearing for the banking exams at Bihar and wants to claim reservation benefits, is
he entitled for the same?
(a) No, since Manoj was born in the successor state of Jharkhand, he will be entitled to claim reservation
benefits from the state of Jharkhand only.
(b) Yes, although Manoj was born in the successor state of Jharkhand, but by the virtue of him living in
Bihar all his life will entitle him to claim reservation benefits in Bihar.
(c) No, Manoj is entitled to get reservation benefits only from the state of Jharkhand, if he is given the
reservation benefit in Bihar as well it will defeat the mandate of Articles 341(1) and 342(1) of the
Constitution.
(d) Yes, since there is an ambiguity around the domicile of Manoj, he will get the benefit of both the
states to claim reservation.
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97. Mr. Dinesh was an income tax officer in revenue department of Bihar, where he acquired the domicile.
After the state reorganization, he opted to serve in the Lohardaga district of Jharkhand. He shifted to
Jharkhand on 19th February, 2000 and gave birth to a child named Raj on 22 nd September, 2001. After
growing up, Raj wanted to appear for the state PCS exam of Jharkhand. However, his application for
claiming reservation was denied by the authorities, stating the absence of a domicile of the state of
Jharkhand. Decide.
(a) The authorities can reject his application, since his parents lived in Bihar for the most of their lives.
(b) The authorities cannot reject his application, since Raj was born in Jharkhand.
(c) The authorities can reject his application, since his father had a domicile of Bihar.
(d) The authorities cannot reject his application, since his father was posted in Jharkhand.
98. In the previous question, what will be your answer if Mr. Dinesh would have been serving in the State of
Bihar, while Raj took birth in Rajasthan and completed his schooling from a residential school of
Jharkhand?
(a) Raj will be entitled to claim reservation, since he was born in Jharkhand.
(b) Raj will be entitled to claim reservation, since he spent his entire life in Jharkhand.
(c) Raj will not be entitled to claim reservation, since his father had a domicile of Bihar and served in the
same state.
(d) Raj will not be entitled to claim reservation, as this will defeat the idea of avoiding benefits from
multiple sources.
99. Shyam was a public servant in Ranchi (capital of the successor state of Jharkhand), which was technically
his place of origin and domicile as well. However, he went on serving in the state of Bihar after the
reorganization in 2000. Now, his daughter Meera wanted to claim reservation in Bihar. Decide on this.
(a) Meera can avail reservation because her father was serving in Bihar.
(b) Meera can avail reservation because public servants can avail such benefits.
(c) Meena cannot avail reservation because there is no provision is for the services in Jharkhand.
(d) Cannot decide as Meera’s place of origin is not defined.
Passage (Q.100-Q.105): Not only does office of profit only find a fleeting mention in the Constitution as a
ground for disqualification of Members of Parliament under A.102 and Members of Legislative
Assemblies under A.191, but the ambiguity surrounding the law also has not prevented its unhindered
usage.
Now, while the intent behind adding it as a ground for disqualification in the Constitution is clear - legislators
should not feel obligated to the executive in any way, which could influence their decision-making process
while they are discharging legislative functions, and to avoid any conflict b/w the duties and interests of a
legislative member, why the need to define it was not felt is still not clear.
In Pradyut Bordoloi v. Swapan Roy, Supreme Court again clarified the law and laid down four broad
principles for determining whether an office attracts constitutional disqualification. First: Whether the
government exercises control over appointment, removal, and performance of the functions of the office.
Second: whether the office has any remuneration attached to it, Third: whether the body in which the office
is held has certain specific powers like releasing money, allotment of land, granting licenses, etc., and
fourth: whether the office enables the holder to influence by way of patronage. Another significant judgment
on the matter, came in the case of Jaya Bachchan v. Union of India where the court said that, "payment of
honorarium by government of India, in addition to daily allowances like compensatory allowances, rent-free
accommodation, and chauffeur-driven car at the state expense, are clearly in the nature of remuneration
and a source of pecuniary gain and hence constitute office of profit."
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100. The government gave out a contract to X with a profit margin of 22% to construct a canteen in the premises
of the parliament. After 3 months when almost half of the construction was complete, X decided to contest
in the local panchayat elections and he eventually won the same with huge margin. But as soon as he
started working there, someone filed a complaint in the election commission that X holds an office of profit.
Determine whether X can be disqualified for holding an office of profit or not.
(a) X can be disqualified since he is the elected representative of the panchayat as well as the contractor
of a government project at the same time.
(b) X cannot be disqualified for holding an office of profit since the contract of canteen will not come
under the ambit of office of profit.
(c) X can be disqualified since he cannot extract profit from two departments simultaneously.
(d) X cannot be disqualified since his contract of the canteen cannot alter his decision-making process
during his discharge of his legislative duties.
101. Suppose in the previous question, instead of getting a contract of canteen construction, X got employed in
a PSU bank in the post of zonal manager. With the rest of the facts remaining the same, would your answer
to the previous question change?
(a) Yes, he can be disqualified for holding an office of profit.
(b) No, he can be disqualified for holding an office of profit.
(c) Yes, he cannot be disqualified for holding an office of profit.
(d) No, he cannot be disqualified for holding an office of profit.
102. Y was very enthusiastic of entering into politics but due to financial restrains he had to take up a job to
support his family. Accordingly, he worked very hard to crack UPSC examinations and he became an IAS
officer. After few years of service, he made some contacts in political arena and decided to contest for
municipality elections. He contested, and he was declared winner and thus he eventually started working
in both the portfolios. Determine as per the passage whether he is ought to be disqualified or not?
(a) He cannot be disqualified since he is not holding any office of profit.
(b) He can be disqualified since he is holding any office of profit.
(c) He cannot be disqualified since the contention of office of profit per se will not be applicable in Y’s
case.
(d) He can be disqualified since he contested for the election without resigning from his post of an IAS
officer.
103. Suppose in the previous question, instead of becoming an IAS officer Y chose to become a government
school teacher. With the rest of the facts remaining the same, would your answer to the previous question
change?
(a) Yes, he can be disqualified for holding an office of profit.
(b) No, he can be disqualified for holding an office of profit.
(c) Yes, he cannot be disqualified for holding an office of profit.
(d) No, he cannot be disqualified for holding an office of profit.
104. Z was a reputed overseas businessman who resided in India. Due to his extensive network all over the
Europe and his expertise in international trade and commerce, he was given an honorary seat in the
European chambers of commerce and trade, which was a direct subsidiary of European Union’s
international trade vertical. After few months Z decides to contest for Lok Sabha elections. Determine if he
can be disqualified for holding office of profit.
(a) He can be disqualified since he satisfies the principles laid by the supreme court.
(b) He cannot be disqualified since his office of profit is not in India.
(c) He can be disqualified since he cannot two offices of profits simultaneously.
(d) He cannot be disqualified since the very contention of office of profit will not be applicable in the given
case.
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105. Suppose in the previous question, Z was given a similar position in the Indian counterpart of the European
chambers of commerce and trade by government of India. With the rest of the facts remaining the same,
would your answer to the previous question change?
(a) Yes, he can be disqualified for holding an office of profit.
(b) No, he can be disqualified for holding an office of profit.
(c) Yes, he cannot be disqualified for holding an office of profit.
(d) No, he cannot be disqualified for holding an office of profit.
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It will widen almost 900 km of highways connecting Option (d) is incorrect as there is a flaw in the
the pilgrimage sites and the Tanakpur-Pithoragarh reasoning because the present situation does not
stretch of National Highway (NH) 125, a part of the involve the sudden element. Amulya after knowing
Kailash Mansarovar Yatra route. about the knee injury of Mulyawaan pulled out a nail
Role in National Security: This project can act as the cutter from his pocket and threw it at his stitches,
strategic feeder roads which connect the India-China which indicates his intention and knowledge about
border with the Army camps in Dehradun and Meerut the injury.
where missile bases and heavy machinery are 68. (d) Option (d) is correct since Abhay intentionally
located. went to hit Vishesh, and hit him on his head, as
Implementing Agencies: Uttarakhand State Public a result of which Vishesh died. He is therefore
Works Department (PWD), Border Roads liable for murder under Section 302.
Organisation (BRO) and the National Highway & Option (a) is incorrect because there is no
Infrastructure Development Corporation Limited connection between Sohit complaining about
(NHIDCL). cheating and fighting with Vishesh. It was Abhay who
63. (a) The glacier burst took place near the India-China hopped into the fight and hit Vishesh by stone.Option
border in Chamoli district of Uttarakhand. No (b) is incorrect as it is clearly mentioned in the
untoward incident has been reported so far. A glacier question that Abhay hopped into the fight and hit a
burst has been reported near the India-China border stone on Vishesh’s head, which indicates there is no
in Sumna village of Uttarakhand's Chamoli Garhwal aimless hit in the fight. That makes him liable under
district. Section 302 rather than Section 304.
64. (b) The Line of Actual Control (LAC) is the demarcation Option (c) is incorrect because it can be deduced
that separates Indian-controlled territory from from nowhere in the passage or the question that
Chinese-controlled territory. minors cannot be held liable. It is based on mere
65. (a) While faceoffs and standoffs keep occurring on the moral opinion. Hence, stands incorrect.
LAC due to differences in perception on the 69. (a) Option (a) is correct as according to the passage,
alignment, there has been no instance of firing on the “The intention to cause death can be gathered
LAC since 1975. India and China fought a war in generally from a combination of a few or several
1962. of the following, among other, circumstances…”.
Here, knife was thrown, intended to hit the head,
SECTION – C: LEGAL REASONING which rather hit the chest (both vital parts). This
helps in deduction of the fact that the intention
66. (b) is correct since the Mulyawaan did not have an of A was to cause death, which makes him liable
intention to kill Amulya. Neither did he have the for murder under Section 302.
knowledge of the surgery. Since he acted in the Option (b) is incorrect because usage of knife and
heat of the moment, with no knowledge or intention to throw at head proves his intention to kill
intention to kill Mulyawaan, he would be liable for B, making A liable of murder and not for culpable
culpable homicide not amounting to murder homicide not amounting to murder.
under Section 304, as given in the passage. Option (c) is incorrect because he is liable for murder
Option (a) is incorrect because since he acted in the under Section 302. Section 300 only defines murder,
heat of the moment, with no knowledge or intention as per the passage.
to kill Mulyawaan, he would be liable for culpable Option (d) is incorrect as based on moral opinion.
homicide not amounting to murder under Section Moreover nowhere question suggests that one
304 and not murder under section 302. person wouldn’t be liable for killing another person,
Option (c) is incorrect as there is a flaw in the if he is a friend.
reasoning because option mentions that Mulyawaan 70. (c) Option (c) is correct as the facts mentioned are
is liable for culpable homicide under section 300, true as per the 7th line of 3rd para of the passage.
while section 300 defines murder not culpable Option (a) is incorrect because it would be murder
homicide. Option (d) is incorrect because not hitting punishable under Section 302 (not 304); converted
at a vital organ also reinforces the fact that it is into offences punishable under Section 304 (not
culpable homicide. 302).
67. (a) Option (a) is the correct answer because he Option (b) is incorrect because it would be cases of
hated Amulya since the time they met. He was murder punishable (not culpable homicide) under
also carrying the weapon which was used by Section 302; and culpable homicide not amounting
him. Most importantly he hit on the stitches to murder (not murder not amounting to culpable
consciously, which opened as a result Amulya homicide).
died from overflow of blood. Mulyawaan was aware Option (d) is incorrect because it would be murder
about the knee injury therefore, he is liable for punishable under Section 302 and not 304.
culpable homicide amounting to murder. 71. (a) The correct answer is option A because as per the
Option (b) is incorrect as Section 304 does not states legal information given in the 1st line of 5th para of the
about punishment for murder but it talks about passage, the Apex Court, with introspective
punishment for culpable homicide and culpable jurisdiction has stated that mere association with a
homicide NOT amounting to murder. terrorist organization is not sufficient to attract the
Option (c) is incorrect because Section 300 defines offences alleged. Unless and until the association
murder and is punishable under section 302. and the support were “with intention of furthering the
activities of a terrorist organization”. As in the
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present case, Keshvan, though, had the possession 74. (d) The correct answer is option D because as per the
of certain pamphlet, or contact of one of the legal information given in the 5th line of 6th para in the
members of the organization, etc., which does not passage, According to Section 43D(5), jail is the rule
show his intention to further the activities of the and bail is often not even an exception though when
terrorist organization. Hence, the correct answer is health of a person is in question it should be given
option A. utmost importance to consider the bail as matter of
Option B and C are not the correct answers because right.
the said allegations do not prove his intention, which Moreover, it can be inferred from the passage, that
is a primary element to decide the culpability of the while prosecuting a person bail cannot just be denied
accused. for the reason of person being prosecuted under the
Option D is not the correct answer because the provisions of the UAPA; a purposive construction is
information so given in the option cannot be inferred required to be done as per the factual matrix.
from the passage. In the present case, though the facts clearly show
Hence, option A is the correct answer. the person’s intention to further the terrorist activities
72. (d) The correct answer is option D because as per the of the organization, the need of the hour is to get him
legal information given in the 1st line of 5th para of the medical assistance. Hence, the petition can be
passage, mere association with a terrorist accepted. With this reasoning, option C can be set
organization is not sufficient to attract the offences aside.
alleged. Unless and until the association and the Option A is not the correct answer because the
support were “with intention of furthering the statement so given in the option cannot be justified
activities of a terrorist organization”, offence under with the information given in the passage.
such law is not made out. Option B is not the correct answer because the facts
Here in the present case, Keshvan’s appointment as show the alleged involvement of the person in the
a regional head of the organization does not seem organization.
that problematic; but the alleged act of recruitment of Hence, the correct answer is option D.
the students by him for the organization, shows his 75. (c) The correct answer is option C because as per the
intention to further the activities of the organization. legal information given in the 1st line of 5th para of the
Hence, option D is the correct answer. passage, mere association with a terrorist
Option C is not the correct answer because it is not organization is not sufficient to attract the offences
clear in the fact that the recruitment so done was for alleged. Unless and until the association and the
the terrorist activities; but it was surely done for the support were “with intention of furthering the
furtherance of the activities of the organization. activities of a terrorist organization”, offence under
Option A is not the correct answer because the such law is not made out.
alleged act of recruitment by Keshvan shows his Moreover, it can be inferred from the passage, here
intention of furthering the activities of a terrorist in the present case, the accused were contacted by
organization. the organization but was not stated the intention or
Option B is not the correct answer because he has purposes of the same. Since, they had no knowledge
not only been appointed as the regional head but has about the clear objective of the transportation; they
done certain acts to further his intention. cannot be stated to be working with the intention to
Hence, option D is the correct answer. further the terrorist activities. Hence, the correct
73. (c) As per the legal information given in the 3rd line of 6th answer is option C.
para in the passage, unlike the Criminal Procedure Option A is not the correct answer because they did
Code, the UAPA, by virtue of the proviso to Section not have the intention to work for the furtherance for
43D(2), permits keeping a person in prison for up to the terrorist activities.
180 days, without even filing a charge sheet. Option B is not the correct answer because the
In the present case, Manzar Sheikh was arrested on transportation of humans would amount to the
March 25th, 2021; and the application for extension offence of the human trafficking, but they cannot be
of the detention was filed on August 21st, 2021. prosecuted under the provisions of the UAPA.
Afterwards, the Court has allowed for the extension Option D is not the correct answer because they did
of 90 days, which means that the extension period not have the intention, though they have acted in
will end on 21st November, 2021; but the period of certain manner for the organization without having
180 days ends on 21st October, 2021, beyond which knowledge of the same.
no person can be detained without filing a charge- Hence, option C is the correct answer.
sheet. Hence, the arrest beyond the same period will 76. (a) The correct answer is option A because the alleged
not be valid as per the law. With this reasoning, act is neither violative of the free and fair election by
option A can be set aside. Thus, option A is incorrect. way of bogus voting, or booth capturing, nor the
Option B is not the correct answer because the Trial secrecy of the votes; in fact, the government is
Court is not empowered to allow the detention of the facilitating the common public in such a manner to
person for an indefinite time under the Act as no such ensure freedom of vote to exercise their free choice.
information is provided in the passage. Option B is not the correct answer because the
Option D is not the correct answer because the statement fails to clarify that as to how the act will
statement so given in the option cannot be inferred influence the voters; merely, enhancing the routes of
from the passage. the buses to make the polling booth accessible to the
Hence, option C is the correct answer. voters cannot influence the voters.
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Option C is not the correct answer because it cannot voting”. In present situation possession of voter slip
be inferred from the information given in the with Mriganka Sonewal amount to infringe the
passage. secrecy and similar to snatching of voters list. Thus,
Option D is not the correct answer because the option A is correct.
model code of conduct has not been explained in the Option B is not the correct answer because the
passage. statement given in the option cannot be inferred from
77. (c) The correct answer is option C because the accused the passage.
has the access to the identity of the voters, and Option C is not the correct answer because the same
forcefully compelling them to cast their votes even if can be neither inferred from the passage, nor it is
they do not want to, violates the free and fair election. justified. It is not based on legal principles therefore
2nd para of the passage states that the essence of stands incorrect.
the electoral system should be to ensure freedom of Option D is not the correct answer because booth
vote to exercise their free choice. Nobody can be capturing and bogus voting are not the only
permitted to dilute the right to a free and fair election. instances of disrupting the free and fair election as
In the present situation free choice of a person is snatching the voters list, casting bogus votes,
affected by forcing them to vote. Hence, option C is infringing the secrecy of casting vote are the other
the correct answer. instances of disrupting the free and fair election.
Option A is not the correct answer because the Hence option A is the correct answer.
member was not indulging in bogus voting. Option B 80. (d) The correct answer is (d). Assertion i.e. (A) is
is not the correct answer because the member of the incorrect as Article 19 (1) (a) of the Constitution
party is not authorized for ensuing that the people protects the freedom of voting; but the right to vote is
cast their votes in larger number. not a part of Article 19 (1) (a). (R) is correct for the
Option D is not the correct answer because the same same reasons. In the 4th para of the passage it is
information is not given in the passage. stated that freedom of voting is a part of the freedom
Hence, option C is the correct answer. of expression but it does not states that freedom of
78. (b) The correct answer is option B because it can be voting is included in freedom of expression. Hence
inferred from the legal information given in the Assertion is incorrect.
passage that, to snatch the voters list, cast bogus The statement given in (R) means that Article 19 (1)
vote, infringe secrecy of casting vote amounts to (a) of the Constitution of India provides a citizen a
violation of right to vote. In the present situation, a freedom to vote, which is part of right to freedom of
group of farmers started raising slogans against the speech and expression. But, the same cannot be
recent farms’ bills passed by the Union government held as a fundamental right i.e. right to vote, under
of Vimana. They sat on the peaceful protest against the same provision. The right to vote, is subject to
the bills outside the polling booth. None of the act of certain statutory provisions, is a legal right.
farmer amounts to violation of right to vote. It is also Thus, on the basis of above reasoning options (a),(b)
given in the passage that in 'People’s Union for Civil and (c) is eliminated. Hence option (d) is the right
Liberties Vs Union of India' (2013) stated that answer.
freedom of voting is a part of the freedom of 81. (c) Option (c) is correct because that perjury cases
expression, which is a fundamental right. Thus, can’t be deferred or delayed is an order of
option B is coorect. Karnataka High Court which will be binding with
On the basis of the same reasoning option A is in the territory of Karnataka and would not have
incorrect. a binding effect on cases in Delhi. Thus, option
Option C is not the correct answer because the (c) is the correct answer.
farmers, though, did not capture the booth; as they Option (a) is incorrect because in cases of perjury,
were sitting for the peaceful protest outside the as mentioned in the passage, the person can be
polling booth. Option D is not the correct answer subjected to imprisonment of seven years, and not
because option B better explain the reasoning and is ten years.
clearly given in the passage that freedom of voting is Option (b) is incorrect because no fact in the
a part of the freedom of expression. Hence, option B question suggests this conclusion. On the contrary,
is the correct answer. as given in the passage, the person who is convicted
79. (a) The correct answer is option A because as per the of perjury can be subjected to imprisonment of seven
legal information given in the 5th para of the passage years and fine. As judgment of Karnataka high
that, secrecy of casting vote is necessary for court cannot be enforced over Delhi court hence
strengthening democracy and to ensure that a voter (b) is incorrect.
casts his vote without any fear of being victimized. Option (d) is incorrect because this is not relevant to
Democracy and free elections are a part of the basic the passage in any manner. It is merely based on a
structure of the Constitution. The election is a moral opinion rather than legal provisions. Hence
mechanism, which ultimately represents the will of stands incorrect.
the people. In the given question distributing voters’ 82. (a) Option (a) is correct since as mentioned in the
slip during her campaign does not keep the secrecy 2nd para of the passage, complaints regarding
of voters’ list. In the 3rd para of the passage it was perjury should not be deferred or delayed by courts.
held that the trial court has rightly convicted all the Therefore, the perjury case should not have been
accused were the members of the unlawful deferred. 5th para of the passage also states that
assembly in prosecution of the common object, “The inner voice of this decision appears to have
namely, “to snatch the voters list and to cast bogus fallen on the deaf ears of the learned Judge of the
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court below.” Thus deferred the perjury case until the years of imprisonment for fabricating false
murder case is decided by court is against the order documents.
of High Court. Hence option A is correct answer. Option (c) is incorrect as court has not deferred the
Option (b) is incorrect because High Court has given case but has passed over the case which means the
direction to the lower court that perjury should not be case will be heard on the same day in the second
deferred or delayed by courts. Option (c) is incorrect half.
because as per the legal information under 3rd para 85. (d) Option (d) is correct because as mentioned in the
of the passage that whoever intentionally gives or 4th para of the passage, Justice Krishna Dixit
fabricates false evidence or tampers witness in any says, “Act of perjury is treated as a heinous
other case, shall be punished with imprisonment of offence in all civilised societies” and 4th line of
either description for a term which may extend to 3rd para in the passage states perjury can be
three years, and shall also be liable to fine. Since D punished with seven years of imprisonment and
threatened C, in another case, he can only be fine.”
subjected to three years of imprisonment and not Option (a) is incorrect because in the passage term
seven. used is seven years of imprisonment of either
Option (d) is incorrect because in present situation description, which means it can be simple or
question is with respect to D and action taken by the rigorous. As option talks about rigorous
court regarding the same. Thus, option (a) is correct. imprisonment hence is incorrect.
83. (c) Option (c) is correct because in the order of the Option (b) is incorrect because it would be seven
Karnataka High Court, Justice Krishna S years of imprisonment “and” fine, instead of ‘or’, as
Dixit said "Act of perjury is treated as a heinous per the passage.
offence in all civilized societies; consideration of Option (c) is incorrect because Justice Krishna Dixit
complaints with regard to the same cannot be said the given line and not Justice Krishna Aiyyer.
deferred or delayed; otherwise there is all 86. (b) Even if B did not bully A on the last day of the school,
possibility of the fountain of justice being he had constantly bullied A to a great intensity in the
polluted." Since option (c) lays down the same past which eventually made A slip into mental
principle thus stands best appropriates answer. trauma and commit suicide, hence B can be held
Option (a) is incorrect because ideally law considers liable for abetment by instigation because he had an
every person as equal and a case for superstar’s active role to play. Instigation can be for a long
kids cannot delay a perjury petition. The perception period. Thus, the correct answer is option (b).
of public in judiciary cannot influence the functioning Option (a) is incorrect because even if B did not bully
of the judiciary and the same is irrelevant to the him on the last day, B still fulfils the conditions for
passage. abetment. As instigation can be for a long period.
Option (b) is incorrect because this is totally Option (c) is incorrect as is contradictory to the facts
irrelevant to the passage and based on moral given in the question.
opinions rather than legal provisions. Option (d) seems to be true but it can’t be the best
Option (d) is incorrect. Statement laid down in option option due to improper explanation as compared to
(d) is also correct but when comparison is done with option (b). As use of word constantly in option (b)
respect to option (c) which is more appropriate in the explains that instigation is for long period and active
present situation. As question is not focused on role was played by B. Thus, offence of abetment is
offence done by P rather it is focused on the action committed.
of the court by delaying the matter various times. 5th 87. (d) Option (d) is the correct answer as principal was
para of the passage also states that “The inner performing his duty he has not played any active
voice of this decision appears to have fallen on the role. For the offence of abetment as per the 3rd para
deaf ears of the learned Judge of the court below.” of the passage three requirement i.e. instigation,
Thus option (d) is incorrect. conspiracy or aid has to be fulfilled. None of the act
84. (b) Option (b) is correct since the legal information is performed by the principal. Thus, option (d) is the
given in the 4th line of 3rd para in the passage correct answer
clearly states that whoever intentionally gives or Options (a) and (b) are incorrect as the question asks
fabricates false evidence or tampers witness in to determine the liability of the principal, but options
any other case, shall be punished with (a) & (b) states about the liability of B and his
imprisonment of either description for a term batchmates hence they are straightaway eliminated
which may extend to seven years, and shall also being irrelevant to the question.
be liable to fine. As in the present situation P had Option (c) is incorrect as it makes the principle liable
created a software just to fabricate documents which is incorrect because the principle has not
pertaining to tax theft. Thus will fall under the satisfied the conditions of abetment as given in the
ambit of fabricates false evidence and shall be passage and is not based on any of the legal
punished with three years of imprisonment. provision. Hence the correct option is (d).
Option (a) is incorrect because it is not necessary for 88. (c) Option (c) is not the correct answer as first of all there
a perjury petition to have oral evidence. The passage is no suicide in the present case. Z jumped not to
only mentions that at most of the times, perjury cases commit suicide but to jump as the part of the game,
require oral evidence. hence there will be no liability for X & Y. thus the
Option (d) is incorrect because since the case correct answer is (c).
pertains to P, P’s fabrication of evidence would invite Options (a) and (d) are straightaway incorrect
him up to seven year of imprisonment not for three because the explanations therein is not in
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consonance with the passage. As passage nowhere nowhere can be deduced that to intervene or
talks about the volenti non fit injuria and any intention overrule is beyond the powers of the court.
in abetment to suicide. Thus, stands incorrect. 92. (b) Option (b) is correct because according to the 3rd
Option (b) is also incorrect because they motivated point of the passage, when the court deems its
him to jump not to commit suicide, since they knew need to interfere in the departmental
that jumping was doable and they had just jumped proceedings of a case, it should rely on directing
too. the said departmental authorities to reconsider
89. (c) Option (c) is correct as with the change in facts, it their stance rather than ruling itself over the
becomes quite apparent that despite X & Y having authorities.
knowledge of the suicidal tendency of Z, they Option (a) is incorrect because neither the passage
motivate him with words which would have most nor the question anywhere talks about fundamental
likely make him jump, In a nutshell, X & Y aided Z in right to education. It cannot be deduced that not
his suicide as had played an active role. Since our providing the child an SLC might be intervening of
answer is changing from the previous question the this right and hence this much is beyond the scope
options with ‘yes’ will be considered eliminating of the passage. Furthermore, since the suspension
options (b) & (d) as it contains ‘No' which means is of one month period, the child can be reinstated
answer is not changing which in not the case here. the school after such period is lapsed and therefore
We left with two options (a) and (c). Between option his fundamental right to education would not be
(a) & (c) , the latter is the correct one because of violated as well.
precise explanation as X and Y are liable for Option (c) is incorrect because the passage clearly
abetment. mentions that the school decided the punishment
90. (c) Option (c) is the correct answer as mina as not after an enquiry was done of his actions. Therefore,
played any active role to abet the suicide of Tina. For it cannot be deduced that it was a mere analysis and
the offence of abetment as per the 3rd para of the not an enquiry.
passage three requirement i.e. instigation, Option (d) is incorrect because option (b) is correct.
conspiracy or aid has to be fulfilled. Since none of 93. (d) Option (d) is correct because the 3rd point in the
the act is done by Tina that satisfy the above passage clearly states that, “Limited judicial
requirement. Hence option (c) is the correct answer review is available to interfere with the
for deciding the liability of abetment to suicide. On punishment imposed by the disciplinary
the basis of same reasoning option (b) is incorrect. authority, only in cases where such penalty is
Options (a) and (d) are incorrect as the question asks found to be shocking to the conscience of the
to determine the liability in the light of the given court.” As there has been nothing which is
passage. Since the passage does not deal with shocking to the conscience of the court in this
grievous hurt or injury, options (a) and (d) are case, the judicial review cannot be invoked.
straightaway eliminated as both the options talks Option (a) is incorrect because whether or not
about grievous hurt and injury, which is irrelevant to everyone is late at work is undefined for the purpose
the passage. of this passage and the question and therefore,
91. (d) Option (d) is correct because according to the 3rd cannot be assumed. Furthermore, this does not
point in the passage, when the court deems its imply that police officers ought not be suspended
need to interfere in the departmental because the mistake is mass scale.
proceedings of a case, it should rely on directing Option (b) is incorrect because the enquiry is routine
the said departmental authorities to reconsider and not special. Besides, the statement is fairly
their stance rather than ruling itself over the proportional if the police officers are habitually late
authorities. Since the court has by itself reduced for work for a long time. There might be a huge
the suspension period and the fine amount, it is consequence to the peace and order of the society
contrary to the theme of the passage. Hence, (d) for their being late.
is the right answer. Option (c) is incorrect because this is completely
Option (a) is incorrect because even though the preposterous and no such rule is given in the
investigation bench’s punishment was passage that if one out of the many victims of a
disproportionate, as per the passage, the Supreme punishment files for a judicial review, it would not be
Court must have relied on directing the investigation granted, can be deduced from anywhere in the
bench itself to reconsider its stance before over- passage or the question.
ruling their punishment. 94. (b) Option (b) is correct because according to the 3rd
Option (b) is incorrect because in the passage it is point in the passage, when the court deems its
mentioned that judgment was given by 11 judge need to interfere in the departmental
bench while in the question it is full bench i.e. consist proceedings of a case, it should rely on directing
of 5 judges. Hence cannot overrule the judgment of the said departmental authorities to reconsider
11 judge bench. Beside this it is nowhere mentioned their stance rather than ruling itself over the
in the passage that what the powers of the authorities.
investigation bench were, and therefore this cannot Option (a) is incorrect because even though no
be deduced. Thus, stands incorrect. ulterior motive whatsoever has been found and the
Option (c) is incorrect because even though the police officer has still been suspended from the case,
passage says that it is better for the Court to first according to the passage, the course of events need
direct the authority to reconsider its stance, it to be that the court only directs the authority to
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reconsider their stance rather than giving or altering specific reasoning for denial of reservation. As option
the sentence itself. (c) is more appropriate with reasoning. Hence option
Option (c) is incorrect because for one it is nowhere (d) is incorrect.
mentions, neither can it be deduced that the court 99. (a) Option (a) is the correct answer as the 4th para in the
took suo moto cognisance of this case. Besides, it passage mentions about the public servants who
can also not be deduced that it is very necessary for have opted to serve in the state of Jharkhand.
the courts to maintain a check over such However, the fact is exactly opposite: Shyam has
preposterous suspensions of the police officers. opted for the service in Bihar and passage mention
Neither the passage nor the question talks about term “vice-versa”, which means same provisions will
such corrective or moral behaviour or changes. be applicable when Shyam opted for the service in
Option (d) is incorrect because option (b) is correct. Bihar. Therefore, Meera will be entitled to claim
95. (c) Option (c) is correct as only this option mentions reservation in Bihar, which is Option (a).
factually correct statement as per the 1st point in Option c is incorrect on the basis of the same
the passage. reasoning.
Option (a) is incorrect because it is Lucknow Option B is incorrect because the provision is in
Kshetriya Gramin Bank and Another vs. Rajendra reference to public servants who have opted to serve
Singh and not Lucknow Kshetriya Gramin Singh and in Jharkhand, by just being public servant person will
Another vs. Rajendra Bank. Moreover, the domain not be entitle to claim reservation. Option (a)
would be of the departmental authorities and not explains the reasoning better and specifically.
judicial review. Option D is irrelevant as Meera’s place of origin is
Option (b) is incorrect because it would be will be decided on the basis of Shyam’s domicile.
Lucknow… and not London. Moreover, the domain Since he went on serving in the state of Bihar after
would be of the departmental authorities and not by- the reorganization in 2000. Hence Meera’s place of
laws. origin and domicile will be Bihar not Jharkhand.
Option (d) is incorrect because the domain would be 100. (b) Option (b) is the correct answer as having a
departmental authorities and not judicial authorities. construction contract does not amount to office of
96. (b) Option (b) is the correct answer as the 3rd line of 3rd profit strictly as per the four broad principles for
para in the passage makes it very clear that only determining whether an office attracts constitutional
those persons whose place of residence before 15th disqualification laid down by Supreme Court
November, 2000 was in Bihar falls under the newly in Pradyut Bordoloi v. Swapan Roy. On the other
formed state of Jharkhand will be called as ordinary hand disqualification for holding an office of profit
resident of Jharkhand. Although Manoj was born in can be only be done when you are/have contested
Jharkhand at his maternal grandparent’s place, his election for a member of parliament as given in the
origin/domicile can be traced back to Bihar because passage; whereas in the given case X had contested
he has been living there all his life in Bihar, hence he a panchayat election, hence he cannot be
can claim reservation in Bihar but never in disqualified. Hence there is no possibility of
Jharkhand; so, all the options which state that he can disqualification, thereby eliminating options A & C.
claim reservation in Jharkhand is wrong, leaving out D is true but it only deals with only one of the points
option (b) and (d). And since option (d) is very vague i.e. decision-making process laid down by Supreme
and has nothing to do with the passage. Thus, option Court which is vague, thus leaving us with B as the
(b) comes out as the right answer. correct choice.
97. (d) Option (d) is the correct answer as the 4th para of the 101. (d) Option (d) is the correct answer as with the change
passage clearly mentions about an exception where in facts, holding the position of a zonal manager in a
the personnel in public service have opted for PSU bank satisfies all the criteria laid down in the
serving in the state of Jharkhand, they will be entitled passage. But, the disqualification for holding an
to all the benefits of that particular state. Therefore, office of profit can be only be done when you
Option (d) seems to be the most appropriate one. are/have contested election for a member of
Option (a) is an incorrect option, since the passage parliament as given in the passage; whereas in the
doesn’t mention about the time spent in a particular given case X had contested a panchayat election,
state. hence he cannot be disqualified. Since our answer
Option (b) is negated for the same reason, as the from the previous question is not changing, the
passage doesn’t talk about the birth place. options with ‘yes’ are straightaway eliminated i.e., A
Option (c) is incorrect, because the passage & C and leaving us with B & D; between B & D, D is
mentions an exception to the same that is about the correct option due to correct explanation. As X
those who are in public service. cannot be disqualified for holding an office of profit.
98. (c) Option (c) is the correct answer as per the new fact 102. (c) Option (c) is the correct answer because the given
scenario, Mr. Dinesh opted to work in the State of passage talks about the constitutional
Bihar itself. This would not give them the privilege of disqualification of those who are contesting election
availing reservation benefits in Jharkhand. for the Member of Parliament. In the given case Y
Therefore, option C is correct. had contested municipality elections, hence the
Option A is factually incorrect, since Raj was born in principles laid down by the Supreme Court will not
Rajasthan as per the facts of the question. be applicable in the given case thereby eliminating
Option B is incorrect as the passage never mentions option B & D.
about the time spent in a state. Option D is incorrect Between A & C, C is the more correct option due to
as the option is too general and fails to give the more precise and vivid explanation.
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103. (d) Option (d) is the correct answer because with the option (a) is the answer. But this is no reason to lose
change of facts, Y cannot be disqualified as he is heart. Experts argue that such a decline is not
merely contesting a municipal election and not uncommon after a health crisis of a massive scale.
elections for becoming Member of Parliament. B is incorrect since it actually adversely affects the
Hence in no case he can be disqualified. Since our claim made by the author that women are less
answer from the previous question is not changing, vaccinated than men. Option (c) is weakening the
the options with ‘yes’ are straightaway eliminated author’s stance, as if the Europe is still reeling with
i.e., A & C and leaving us with B & D; between B & the effect of Spanish flu, then the statement nullifies
D, D is the correct option due to correct explanation. the author’s optimism that life-expectancy post Covid
104. (d) Option (d) is the correct answer because first and will come back to its original state. Option (d) is
foremost, Z was given an honorary position in the contrary to what is mentioned by the author in the
European chambers of commerce and trade not by passage. Refer to the lines, ‘Globally, as in India,
government of India. Hence the concept of office of more women lost their jobs during Covid-19 than
profit will not be applicable in the given case, giving men. During the lockdown, this difference amounted
us D as the best answer. B also seems to be true but to 40 percentage points.’ Therefore, option (d) is
the explanation of D is more comprehensive. Rest of incorrect as it invalidates the author’s claim.
the options (a), (b) and (c) on the basis of the above 109. (c) The correct answer is C. The author has clearly
reasoning are incorrect. talked about the different impacts of the pandemics
105. (a) Option (a) is the correct answer because Z was given on different gender groups. A is incorrect since this
an honorary position by government of India. Lat is in clear contrast with option C, which is correct. B
para of the passage states that came in the case is incorrect because the author has suggested that
of Jaya Bachchan v. Union of India where the court the curtailment of life due to the pandemic was
said that, "payment of honorarium by government of expected. D is incorrect because the author has not
India, in addition to daily allowances like made a comparison between the works of the Union
compensatory allowances, rent-free government and the state governments.
accommodation, and chauffeur-driven car at the 110. (a) The correct answer is A. The government could not
state expense, are clearly in the nature of correct the imbalance by taking appropriate
remuneration and a source of pecuniary gain and measures to mitigate the gender divide. The
hence constitute office of profit. Hence the concept measure did not take into consideration certain
of office of profit will be applicable in the given case. sections that got left behind. This is what the author
Since our answer from the previous question is means by the given statement. Therefore, option (a)
changing, the options with ‘No’ are straightaway is the correct option. B is clearly incorrect since
eliminated i.e., (b) & (d) and leaving us with (a) & (c); natural floods are out of context. C is incorrect
between (a) & (c), (a) is the correct option due to because the duty of the government was not to
correct explanation. increase the gender gap, it should take steps to
reduce the gap. D is incorrect because the
SECTION - D : LOGICAL REASONING governments did not create the gender gap, the
pandemic did.
106. (b) The correct answer is B. The author does 111. (c) The correct answer is C. There were some members
acknowledge the dip in life expectancy but is hopeful of the MPC who voted against maintaining the status
that it would recover in a few years and is more quo. Therefore, this option is true according to the
concerned about the impact of the pandemic on passage. A is incorrect since the author has clearly
different constituencies, i.e., different groups of stated that there is some uncertainty over the
people. A is incorrect since the author is not much duration of the withdrawal of the policy support. B is
concerned with the dip in life expectancy. C is incorrect since this is in clear contrast with Option C.
incorrect since this is not the main idea of the D is incorrect since the author has indicated that the
passage. Whether the author was surprised at this fall in CPI indicates fall in the inflation rate.
fact is not sufficiently relevant in this passage to be 112. (a) The correct answer is A. This is the best
considered the central concern of the passage. D is representation of the main idea of the passage. The
incorrect because the author does not blame the RBI is uncertain over its plans to withdraw the policy
government about the pandemic. support and it needs clarity over the durability of
107. (d) The correct answer is D. I and II are incorrect recovery to make a firm move on the policy support
because the data given is about average life that it provides. B is incorrect since the second part
expectancy and not minimum life expectancy. III is of the option is not of any concern of the passage. C
incorrect because the decline in life expectancy in is incorrect since this is not the main concern of the
women is sharper than that of women. Therefore, D passage but only a general piece of information. D is
is correct. incorrect as well, for the same reason as that of
108. (a) The correct answer is A. A clearly strengthens the Option B’s second part.
claims of the author made in the last part of the first 113. (c) The correct answer is C. The author has indicated
paragraph. Refer to the lines, ‘The pandemic has that the RBI’s stance on growth considerations is
even undone a decade’s efforts to increase life likely to change with time as there is more clarity over
expectancy in the country — it has now regressed to the durability. Refer to the lines, ‘The withdrawal of
the 2010 figures.’ The fact that life-expectancy policy support is likely to be gradual with the process
regained in Africa owing to the HIV/AID epidemic is playing out at multiple levels — beginning with
on similar lines with that of the author’s. Therefore, normalisation of liquidity, which has begun, followed
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SECTION – C: LEGAL REASONING
Directions (Q.66 – Q.105): Read the comprehensions carefully and answer the questions based on it.
Passage (Q.66-Q.71): The Supreme Court observed that the principle of equal pay for equal work could not be
applied merely on the basis of designation.
In this case, the court had to examine the claims made by Private Secretaries (employed in the Eastern Central
Railways for parity in pay with their counterparts working in the Railway Board Secretariat Stenographers
Service/Central Administrative Tribunal ("CAT").
Interpreting the Sixth Central Pay Commission report, the court noticed that the aspect of disparity between the
Secretariat and the field offices was a matter taken note of by the Commission itself. Court also observed that
commission makes the recommendations about the slab of salary not for the salary of each any every employees
of statutory or government authority. There would have been no requirement to make these separate
recommendations if everyone was to be treated on parity on every aspect. "We are fortified in the view we are
seeking to adopt; the principle of equal pay for equal work cannot be applied merely on the basis of designation
if work of person is different in many aspects like shift, time, amount of work, field work etc. but if equal amount
of worked is performed then equal pay for equal work shall be allotted to the employees. While dealing with the
5th Pay Commission recommendations with respect to functional requirements, it was held that there was no
question of any equivalence on that basis.; it has been held that courts ought not to interfere if the Commission
itself had considered all aspects regarding salary and after due consideration opined that absolute equality
ought not to be given for statutory and government entities". Source: https://www.livelaw.in/top-
stories/supreme-court-principle-equal-pay-for-equal-work-designation-180664
66. Surbhi and Vineet are two employees in Yes Bank employed as the tellers at the deposit podium working in
same shifts. During the annual appraisals Surbhi getting a 10% raise and Vineet getting a 5% pay cut. Getting to
know of this, Vineet complained to the remuneration committee, who resorted to the company policy, which
stated that remunerations of floor employees are based on committee discretion. Can he have any recourse in the
matter?
(a) No, as the remuneration committee has clear discretion in deciding packages.
(b) Yes, as there is clear discrimination between the two employees.
(c) No, as the committee has been authorized by the law to do it.
(d) No, as the question only mentions statutory and not private entities.
67. In the above case, had if two have been employed in the Supreme Court of India as stenographers in the
courtroom of a Justice, would they still have had any recourse in law?
(a) No, as the Pay Commission has specified the packages to be so.
(b) Yes, as the Commission has power to decide salary of each employees.
(c) Yes, as both are working on the same post of stenographers.
(d) No, as the employees are two different entities.
68. In a dispute between a railway TC and the Zonal head of operations, the quantum of the dispute, arising out of
the pending salary payments of the TC left to be sanctioned by the Zonal Head, was not fixed and formed the
crux of the same. This led to the dispute being pleaded in the Supreme Court. The arguments were heard and
examined, and it was brought to light that the salary to be given to the TC was not decided in the pay commission
report. May the SC decide the quantum of the same?
(a) No, as the same can only be decided by the Pay Commission.
(b) No, as the salary of the TC was to be decided before the employment starts.
(c) Yes, as the salary is unclear in the present matter.
(d) Yes, as the salary has not been decided by the Commission here.
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69. In a dispute between two cleaning workers in the Parliament of India, Raman and Ramya, a male and female,
respectively, wherein Raman was the petitioner who had initiated the suit for pay disparity as he was earning 30
rupees less than Ramya per hour. However, Ramya pleaded that the Commission had specified the same in the
reports, and the parity should hold good. Can the SC consider Raman's case?
(a) No, as the position of law is clear in the case.
(b) No, as the Commission has clearly specified the pay disparity.
(c) Yes, as there are no special designations involved.
(d) Yes, as there appears to be a clear case of discrimination in the matter.
70. Arising out of the matter, the petition alleged that the Pay Commission reports were unconstitutional as they
were in contravention of the anti-discriminatory provisions in force. Can the court consider the same?
(a) No, as the Pay Commission has authority regarding the same.
(b) Yes, as the Commission has clearly erred in the matter.
(c) No, as the Commission is not a statutory authority.
(d) Yes, as the matter appears to have erred in the matter.
71. The latest Pay Commission specified revised Judges' salaries as having a pay cut of 5% for all SC Judges. One
of the SC judge challenged the same, and upon admission of the petition, presided over the matter, along with
four other judges. Is this action tenable?
(a) No, as the Judge is presiding over his own matter.
(b) Yes, as the coram has four other judges, and his vote would not account for a deciding vote.
(c) No, as the matter can only be considered by the Commission.
(d) Both a & c.
Passage (Q.72-Q.77): In a bid to eradicate the evil of manual scavenging, which has claimed several lives in the
past, the Madras High Court held that Municipality Heads would be personally liable in case any person is found
to be indulging in manually cleaning the sewers. So, MCD heads may take cognizance of the complaints or may
report it to department to eradicate the evil of manual scavenging.
It also directed the heads of corporations and municipalities to file a written undertaking to the effect that no
manual scavenging work would be permitted to be undertaken within their jurisdiction.
"All Commissioners of Municipal Corporations across the State and heads of the Municipalities should file
written undertakings to the effect that no manual scavenging work would be permitted to be undertaken within
the relevant corporation or municipality areas."
The court added that it may ultimately pass an order directing that such an undertaking be furnished by any
commissioner connected with a corporation or head of the municipality "when assuming office in future."
The court further observed that heads of municipal bodies and commissioners of corporations would be held
personally liable if it was discovered that manual scavenging activities were taking place within their jurisdiction.
The State was also directed to obtain appropriate machines or improve the sewer lines in order to ensure that no
manual scavenging is necessary anywhere in the State. It will also be the responsibility of the heads of
Corporations and of Municipalities to ensure that no private person also indulges in any manual scavenging
activity or engages any other in such regard, the court ordered further.
Source: https://www.livelaw.in/news-updates/madras-high-court-no-manual-scavenging-municipalities-file-
undertaking-181281
72. It was reported in the local newspaper of Nalasopara that hefty manual scavenging was being carried out, and
the information about the same was sent to the Municipal Corporation of the area. Upon receiving information,
the office responded by saying that the current head has not been appointed and thus, no recourse can be accorded
until the same has been done. Can the Municipality be held responsible here?
(a) Yes, as the department is suomoto liable for the same.
(b) No, as there is no one to pin the responsibility on.
(c) Yes, as the complaint can still be registered.
(d) No, as the presence of the head is mandatory to file a complaint.
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73. When the above-mentioned claims were investigated by the corporation, the personnel did not find any viable
leads or evidence pointing towards the same was found. The corporation was brought into question regarding
the alleged activity and now wanted to take action against the informant for being wrongly appealed to. Can they
do so?
(a) No, as the informant liability is not discussed..
(b) No, as the informant did not possess any mal-intent.
(c) Yes, as the informant wrongly brought the corporation into the question,
(d) Yes, as his actions would make him liable for slander.
74. Upon the investigation being conducted, it was observed that no manual scavenging per se was being done, but
they did observe that a ball was being retrieved by a child from a nearby sewer. Is this activity due to being
reported?
(a) No, as this was not liable to fall under the definition of scavenging.
(b) No, as no actual cleaning was being done.
(c) No, as a child cannot be convicted of the same.
(d) No, as the activity is only to be investigated by the head of the Municipality.
75. On his way to work one day, Sujal, the MCD head, saw blatant scavenging being done in front of him. He was
appalled at the State of affairs in his own Municipality and decided to take action against the same. Who should
he complain to?
(a) The MCD head can take action on his own right there.
(b) The MCD head should report it to his department.
(c) Either of the above.
(d) The Corporation head does not have suomotu powers.
76. In the Municipality of Nalasopara, a new head was finally appointed, i.e., Shama. As her duty to her domain, she
decided to wrap up all the previously reported complaints. Can she open complaints that she wasn't privy to?
(a) Yes, as it is her job as the head of the Municipality.
(b) Yes, as the Municipality can take care of all the previous complaints made to it.
(c) No, as the rule of double jeopardy prevents her from doing so.
(d) None of the above.
77. The residents of Shraddha Apartments had been complaining about a blocked sewer in front of their residential
blocks. However, since the corporation was not taking cognizance of the same, the residents decided to clean the
sewer on their own. This activity was reported to the Municipality, which decided to take action against the
residents. Are they liable to be punished?
(a) No, as the residents were picking up the slack of the Municipal Corporation.
(b) Yes, as for whatever reason, manual scavenging was being done.
(c) No, as mere sewer cleaning cannot be equated with manual scavenging.
(d) Yes, as manual scavenging is a crime, even if done with bona fide intent.
Passage (Q.78-Q.83): The Kerala High Court recently pulled up the police force for using derogatory terms like
using abusive words while addressing citizens and directed the State Police Chief to instruct all officers to treat
citizens with respect and file a report. It was said that the use of disrespectful and derogatory words to address
citizens mentally harass them and runs contrary to the Constitutional morality and conscience of our country.
The High Court felt it necessary to affirm that such actions on the part of the police are unacceptable in modern
democratic society and this court will act forward to give consequence if such directions are not followed. In this
regard, the court directed the State Police Chief to remind all officers of their obligation to treat and address
citizens with respect and submit a report about action taken towards that end.
"I direct the State Police Chief to issue necessary instructions, by way of a Circular or otherwise, to all members
of the Force under his command that they shall address the citizens using acceptable vocatives and shall not use
the aforementioned or such other words or phrases. Consequently, the State Police Chief will act as per the
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aforementioned directions and inform this court about the steps taken in this regard through a report to be filed
within two weeks from the date of receipt of a copy of this judgment," the court-ordered.
Source: https://www.barandbench.com/news/abusive-derogatory-language-by-police-against-citizens-contrary-
to-constitutional-morality-kerala-high-court
78. Suman, a paraplegic of 25 years, was addressed by the policemen near the parking lot as being 'disabled' and
was asked to 'drive safely.' Being a modern paraplegic was aware that that terminology was outdated, and people
with such afflictions were now supposed to be addressed as being differently-abled. Being offended by the
misnomer, she decided to file a suit for mental harassment. Would it sustain?
(a) Yes, as she was inappropriately addressed.
(b) No, as the police officer did not intend to do so.
(c) No, as the term mentioned above was not an offensive one.
(d) Yes, as the term was enough to offend the differently-abled.
79. While in hot pursuit, the cops chasing a robber try to provoke him and subsequently get his attention. In order to
do so, he called him out and shouted loudly, "yo mama so ugly," this gathered the robber's attention as he
immediately took offense and headed up to the cop to beat him up. He was caught while running towards the
aggressor policeman and tried to reason with them for the same. While in court, he also pleaded for mental
harassment and entrapment being employed to catch him. Can his pleas be heard?
(a) No, as he himself was a wrongdoer and cannot claim amnesty.
(b) No, as one should always come to the court with clean hands.
(c) Yes, as the methods employed by the policeman were deplorable.
(d) None of the above.
80. Upon arresting the daughter of an MLA, the arresting officer was being misbehaved with by the daughter by not
cooperating with the staff and even went on to berate them for misbehaving with a 'lady.' He was addressed as a
dog several times by the same woman. Can he bring an action for mental harassment by a civilian?
(a) No, as there exists no such offence.
(b) No, as the police officer had enough authority not to have the civilian cause any trouble.
(c) No, as politicians and their kin have diplomatic immunity in such matters.
(d) No, as no law allow the police to sue the people, hence no offence exists.
81. Avanish was a security guard at Galaxy apartments and usually used to be posted at the night shift. One night,
while on night duty, he was on duty when a car pulled over in front of the apartment gate. In there, a shoddily
dressed person was seated. Seeing this, Avanish told him to get lost and shouted, 'Get lost, you beggar.' Turns
out the person sitting inside was Balwan Bhai, one of the homeowners in Galaxy Apartments. He decided to
bring an action against the guard. In the light of the passage would the action will sustain?
(a) Only for defamation, as there is no policeman here.
(b) Only for mental harassment as it affected Balwan.
(c) For both of the above.
(d) No such action will sustain.
82. A local policewala in the district of Bhilwara, the birthplace of India's Prime minister, referred to him as 'chai
wala' while watching the PM address on TV. Enraged by this, the local supporters of the PM decided to file a
complaint against him. Would the complaint sustain?
(a) No, as the PM himself has not filed the complaint.
(b) No, as the Policewala did not do anything wrong.
(c) Yes, as the statement was published and defamatory in nature.
(d) None of the above.
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83. A senior police officer was seen misbehaving with a group of college students right outside their college while
making them strip and dance for 'being too forward.' This was recorded on tape by a journalist and was sent to
the students to take action for the same. What action can be taken?
(a) The state police chief can take the action since he is the prime authority over policemen under his area.
(b) The local court can take the action as they have the power to summon and penalise the policemen.
(c) The HC can take the action due to this being a case of breaching constitutional morality.
(d) Both b and c.
The recent the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
These rules target internet intermediaries, including social media services, digital news services, and curated
video streaming sites. While the government says they are aimed at curbing misuse of social media, including
for the spread of “fake news,” they allow greater governmental control over online content, and would
seriously undermine rights to privacy and freedom of expression online.
Hacking is illegal under Indian law, and thus as far the Indian government has not said whether it used Pegasus
to hack into devices. The Indian government’s claims that it has sufficient safeguards to prevent unauthorized
surveillance have no basis, the groups said. In India, the legal regime for surveillance is governed by the 1885
Telegraph Act, along with the 2000 Information Technology Act, which if government want may take back if
wishes to do so.
Under these laws, which have been challenged in Indian courts, the executive branch has extremely broad powers
of surveillance that are devoid of any meaningful safeguards, with no judicial authorization or independent
oversight.
Even though the Supreme Court has twice stated, in 1997 and in 2017, that an order of surveillance can be passed
only when strictly necessary and if there is no other alternative, the lack of independent scrutiny and effective
reporting mechanisms result in lack of accountability.
84. The Union government of India, has made a new law which mandates Aadhaar mandatory for all government
related schemes and services, Aadhaar is Unique identity card that contains all biometric information of the card
holder, X a beneficiary of one of the scheme protested against this new law saying it violates his Right to privacy
and must be taken back, Is X contention valid?
(a) X contention is not valid because in the current scenario the usage of Aadhaar for gov. schemes is for welfare
purposes, and welfare of people is more important than privacy.
(b) Right to privacy doesn’t apply to government schemes because they are meant for people, and with biometric
system it fastracks the process.
(c) The government may not take back this law unless it is challenged and stuck by some constitutional courts.
(d) X contention is valid as it violates Right to privacy because, biometric information is very critical personal
information, and hence law must be taken back.
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85. Jammu & Kashmir, state in India where there is high prevalence of militancy and insurgency etc, the security
forces in Jan 2020 hacked into a mobile device of a leader of the Student Union group in J &K to check whether
he is linked with any militant group , Can security forces do such hacking without any permission under Indian
Law?
(a) The hacking of mobile device of the leader is valid because it is prerogative for them to do such things.
(b) The question of permission doesn’t apply to security forces because, such rights are vested with them to
protect people.
(c) The question of permission is valid, and the security forces need to have an independent scrutiny body and
other mechanism before proceeding with hacking.
(d) Though independent scrutiny , Independent oversight or judicial authorizations desirable, there is right to
privacy but under the current law security forces have power to proceed without any permission to hack any
devices.
86. In the same state of J&K , the Security forces got an intelligence that one of the militant group leader planning
on a bomb attack, the security forces hacked the militant head phone and with intelligence from hacked mobile
they avoided a major attack, Is hacking valid and why?
(a) The hacking of mobile in this case is valid because it’s a matter of national security.
(b) The hacking of mobile in the present case is valid because, its case of necessity and with inputs of intelligence
of an attack, there is urgency and case of strict necessity, hence valid.
(c) The hacking in the present case is not valid since, there must is no independent scrutiny in place, there is
need check for unfettered power.
(d) Both A and B gives a valid reasoning for the hacking.
87. spranks, a spyware by NSO a Israel firm gives spyware only to government bodies ,many groups in India like
newspaper heads, journalists, policy makers, former supreme court judges phones got attacked with this spranks
spyware by government, all of the victims have one thing in common i.e. they are critical about current
government. There is huge uproar against this action, if this hacking is done by government, is it authorized to
do such hacking?
(a) The government is not authorized do such hacking because, there is no strict necessary for surveillance in
the present case, it is just to crack down dissent.
(b) The government is not liable in hacking in the present case, since the actual hacking was done by a Israel
firm not the government.
(c) The government is liable for hacking and the present government should be dragged to the court and be
punished accordingly.
(d) The government is authorized to do such hacking because, people who are critical to government may
threaten the integration and security of the country.
88. The new Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, is
aimed is curbing fake news and expand more control over online content, the uproar against this is that these
rules can seriously undermine rights to privacy and freedom of expression , In which of the following scenario
the uproar can be ascertained and justified ?
(a) A twitter account that is involved into making and spreading fake news, and using deep fakes as means to
spread information. After the new rules, government making this content remove.
(b) A YouTube channel that is critical of government, and make people aware about wrong doings of
government etc. after the new rules, government making this content remove.
(c) A foreign social media regime spread across various social media, making hatred content and spreading lies
and disrupting the harmony in India between religious groups,, after the new rules government making this
content remove.
(d) Taking down a fake news on news website that is published on vaccines and promoting anti– vax during
covid pandemic. After the new rules, government making this content remove.
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Passage (Q.89-Q.93): Section 11 (Nullity of marriage and divorce- Void marriages) of the Act had considered
following marriage to be void: -
1. Where at the time of marriage any party has a living husband or wife i.e., bigamous marriage is void
2. Where parties to the marriage fall within sapinda relationship i.e., same blood. A person cannot marry in the
same family i.e., to a person from five generation from the paternal side, three generations from the maternal
side, The parties are within the prohibited degree of relationship.
According to Sec 3(g) “degrees of prohibited relationship” - two persons are said to be within the “degrees of
prohibited relationship”- (I) if one is a lineal ascendant of the other; or (ii) if one was the wife or husband of a
lineal ascendant or descendant of the other; or (iii) if one was the wife of the brother or of the father’s or mother’s
brother or of the grandfather’s or grandmother’s brother or the other; or (iv) if the two are brother and sister,
uncle and niece, aunt and nephew, or children of brother and sister or of two brothers or of two sisters.
A marriage is voidable on either side of the party is known as voidable marriage. It will be valid unless the
petition for invalidating the marriage is made. This marriage is to be declared void by a competent court under
the Hindu Marriage Act, 1955. The parties of such marriage have to decide whether they want to go with such
marriage or make it invalid. The following are the grounds of voidable marriage under Hindu law: Under-age,
Mental disorder of spouse, Repeated attacks of Insanity, Marriage by force or fraud, Pregnant with other than
the child of the petitioner. If a person is not heard for the time of 7 years will be presumed dead.
[Extracted from, https://nyaaya.org/marriage-and-divorce/hindu-marriage/sapindas/]
89. Bigamy is the offence of marrying a second time by one who has a former husband or wife still living and the
marriage between themselves is still continuing. Section 494 of the Indian Penal Code lays down provisions on
punishment for the offence of bigamy that is, marrying again during life-time of husband or wife. A, a Hindu
aged 32 years married Z (Hindu) who resided in England before returning to India. After 2 years into marriage
A realized that Z was already married to X in England and had not obtained a divorce. A left Z and married M.
Z filed a case of bigamy against A. Decide.
(a) A is liable for bigamy as he did not divorce Z before marrying M. Thus, he has entered into bigamous
marriage.
(b) A is liable for bigamy as his marriage with Z was voidable at his option. Therefore, he had to obtain a decree
of nullity.
(c) A will not be liable for bigamy as his previous marriage with Z was void ab initio. Z had a living spouse at
the time of her marriage with A, thus making it a void marriage.
(d) Instead of A, Z should be charged with bigamy as she was the one who entered into a marriage while her
previous marriage subsisted.
90. The terms “custom” and “usage” are defined in Hindu law which mean any rule that has gained the force of law
among Hindus in any local area, tribe, community, group, or family after being consistently and universally
maintained for a long period. A was married to B who was his paternal cousin sister. Both A and B offered pinda
to the same ancestor. Their marriage was held void under prohibited degree of relationship. The parties to the
marriage contended that there have been a couple of instances of cousins getting married in their family, hence
it should be treated as a custom. Decide
(a) The marriage will be valid as it is the custom in the family of A and B to marry cousins.
(b) The marriage will be valid as both A and B are adults and can marry anyone they want to.
(c) The marriage will be held void as a couple of instances is not sufficient to prove an existence of custom
allowing marriage of Sapindas.
(d) The marriage will be held voidable at the option of the groom and her family.
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91. Marriage by force or fraud- If one party is forced into a marriage by force or by fraud then that party can annul
the marriage within 1 year from the discovery of force or fraud. A took a loan of 1 lakh from B. A was unable
to pay back the loan. B coerced A to marry his daughter C to him, failing which he would increase the interest
by 25%. Marriage took place 4th April 2020. On 15th May 2020, C daughter of A got to know that her father
was coerced to marry her to B. On 5th April 2021 she filed a petition to annul the marriage. Decide.
(a) It is a void marriage. The marriage stands annulled as it is not valid in the eyes of law.
(b) It is a voidable marriage, But C cannot annul the marriage as it is more than 1 year from the date of marriage
(c) It is a voidable marriage at the option of B as he was compelled to marry her because A failed to pay the
loan.
(d) It is a voidable marriage at the option of C. The marriage can be annulled as it has not been 1 year since she
realized about the involvement of force and fraud in her marriage.
92. Pick the option with the correct order of validity of marriages.
(a) A married B. At the time of marriage B was pregnant with the baby of her former paramour C.
(b) A married B in the year 2000. In the year 2002 he married C without divorcing B.
(c) Z married Y. Y had a disorder which because of which he could not copulate. This came to light only after
the marriage.
(d) A married B. One day B left overnight and went missing. A waited for 7 years. A married C after 8 years
after B went missing.
(a) Voidable, Void, Voidable, Voidable (b) Void, Void, Voidable, Voidable
(c) Voidable, Valid, Void, Voidable (d) Voidable, Void, Voidable, Valid
93. Which of the following statements regarding voidable marriage is false?
(a) Voidable marriage is valid unless the petition for invalidating the marriage is made.
(b) Voidable marriage can be invalidated only at the option of one party.
(c) The party which does not have the power to invalidate the marriage can simply walk out of it.
(d) Marriage of a 20-year-old male with an 18 -year-old is an example for voidable marriage.
Passage (Q.94-Q.98): Wrongful restraint means preventing a person from proceeding in any direction where
such a person has the right to proceed. The obstruction may be caused by causing it impossible or difficult or
dangerous to proceed. To constitute an offence under this section the person who was obstructed must have the
right to proceed in a particular direction. The ingredients are
(1) Voluntarily obstruct any person.
(2) To proceed in a particular direction.
(3) The person obstructed must have the right to proceed.
There is no offence under this section where a person obstructs a private pathway claimed by the way of a right
of assessment over his land and which right was not admitted he does not commit the offence of wrongful
restraint. Punishment of this section has been given under section 341 of IPC.
Section 340 of IPC deals with the offence of wrongful confinement. Wrongful confinement can be said to be is
species of ‘wrongful restraint’ as defined in the section. It is a total restrain of a person, from proceeding beyond
the certain circumscribing limit. There can be no wrongful confinement when there is no desire to proceed the
certain circumscribe limit, or if it was consented by the person affected. Where there are no voluntary instructions
that the person as to prevent that person from proceeding in the direction in which such person has right to
proceed does not constitute an Offence under the section. The punishment of wrongful confinement has been
given under section 342 of IPC.
Source: https://timesofindia.indiatimes.com/readersblog/lawpedia/wrongful-restrain-and-wrongful-
confinement-35462/
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94. P was stopped by Q to go on a particular path which was one of the two ways for the river rafting venue. Q stated
that the water level is high and it is dangerous to move in that direction, knowing the fact that there is nothing
like that. Decide?
(a) Q will be liable as he obstructed the path of P where P had the right to proceed.
(b) Q will be liable as he obstructed the path of which P had right and that too in a bad faith.
(c) Q will not be liable as he genuinely showed concern towards P.
(d) Q will not be liable as P was free to take an alternative path.
95. A made a circle around his son B who was standing in the middle of a ground and told him that if he tries to
move out of the circle then A will shoot him. Decide whether it is a case of Wrongful Confinement?
(a) A will be liable for Wrongful Confinement as physical boundaries are not needed.
(b) A will not be liable for Wrongful Confinement as physical confinement is a necessary component.
(c) A will be liable for Wrongful Confinement as A has a legal authority over B.
(d) A will not be liable for Wrongful Confinement as he did not restrict B completely.
97. A was taken to a police station for some enquiry related to a case and he was there for 2 days without any
reasonable ground. The police officer stated that A was free to move without permission inside the station. Will
the Police officer be liable for wrongful confinement?
(a) Police officer will be liable as he was not performing his official duty correctly.
(b) Police officer will not be liable as A was free to move out of the police station. C
(c) Police officer will be liable as he violated the law and confined A illegally within a limited boundary.
(d) Police officer will not be liable as A was not put behind the bars with a limited space.
98. Xolo is a police officer. One day he arrested Joker a petty thief. Joker asked his friend Tom to get a bail order
for him. The magistrate granted him bail, however Xolo insisted that Joker is a habitual offender and should be
put behind the bars. Following this he kept him locked up. Joker has filed a petition for wrongful confinement.
Decide.
(a) Xolo is not liable as he knew that joker is a habitual offender.
(b) Xolo is protected under sovereign function.
(c) Xolo is liable as he did not follow bail orders and kept joker in lock up.
(d) Xolo is liable as he restrained joker’s movement.
Passage (Q.99-Q.103): The doctrine of proportionality emanates from the two key elements of a constitutional
structure i.e. rule of law and democracy. Democracy entails rights and liberties, and on the other hand the rule
of law empowers the state to sanction limitation on them to maintain the rule of law and order. But, however,
according to a proportionality tool that is derived from this doctrine.
In the simplest of terms, this doctrine means that the ambit of limitation on any right must be proportional to the
purpose/objective sought to be achieved through the limiting law. It ensures that the encroachment on any right
is not disproportionate to the objective of the law. This doctrine is meticulously defined by Arhon Barak, Former
President of the Supreme Court of Israel, in his book titled "Proportionality: Constitutional Rights and their
Limitation" where he proposes that the central philosophy that governs the proportionality doctrine is to shield
the individual and his/her rights from the arbitrary brute power of the state, and conceives of the proportionality
doctrine as having four components namely- proper purpose, rationale connection, necessity and balancing.
Where the chief focus of proper purpose is to look at the purpose for which the limitation on rights is brought,
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meaning that in a given constitutional setup the legislative intended purpose is rational or not. In Modern Dental
College and Research Centre, the Supreme Court designed four- part proportionality test that are- (i) that the
measure is designated for a proper purpose (ii) that the measures are rationally connected to the fulfilment of the
purpose (iii) that there are no alternative less invasive measures, and (iv) that there is a proper relation between
the importance of achieving the aim and the importance of limiting the right.
[Excerpt from, https://www.livelaw.in/columns/universal-declaration-of-human-rights-constitution-national-
security-185312 ]
99. Mr. Edward Cullen was the prime minster of the state of twilight with a very thin majority who implemented
emergency in the state citing internal disturbance on the suspicion that the opposition going to demand floor test
and suspended all the fundamental rights, put opposition party leaders in jail and imposed censorship on the
media. Decide?
(a) The actions of Mr. Edward Cullen are valid as the constitution of twilights provides powers to its prime
mister to proclaim emergency when he is satisfied.
(b) The actions of Mr. Edward Cullen are not valid as the measure taken by him is arbitrary in nature.
(c) The actions of Mr. Edward Cullen are valid as limiting the rights in the security interest of nation are valid.
(d) The actions of Mr. Edward Cullen are not valid as nothing could take away the fundamental rights of an
individual.
100. The government of India was given the input by the security services that Khalistan supporters are conspiring to
use farmers’ protest to unleash mayhem in India. It was also brought to the notice of the government that Internet
facilities are being used by these Khalistan supporters to spread rumours, defame the government and to incite
violence. Based on these inputs, the government of India decided to prohibit use of internet in the State
temporarily. Decide?
(a) The actions of government are not valid as right to internet is a fundamental right inherent under right to life
and personnel liberty thus could not be taken away.
(b) The actions of government are valid as the measures taken are proportional to the purpose.
(c) The actions of government are not valid because the measures taken are not proportional to the purpose.
(d) The actions of government are valid as government is empowered to limit the fundamental rights of an
individual.
101. Mr. Gulam was an employee of the corporation for 20 years and in his career there was not even an allegation
of misconduct against him however a disciplinary enquiry was initiated against him for misplacing a file
entrusted to him, which amounted to misconduct under by-law. The committee after completing its enquiry
suspended him. Decide?
(a) The actions of the committee are valid as Mr.Gulam was proven guilty of for misplacing a file entrusted to
him.
(b) The actions of the committee are not valid at all.
(c) The action of the committee are valid as suspension from service is adequate disciplinary action for
misplacing a file entrusted to him.
(d) The action of the committee are not valid as suspension from service is an extreme measure for misplacing
a file entrusted to him.
102. Due to the uncertainties and high risks in crypto currency exchange, the central bank of the state of Rabri issued
a circular prohibiting the regulated Banking and Non Banking Financial Institutes from providing any banking
services to the business involved in crypto currency exchange. Decide?
(a) The circular of central bank of state of Rubri is valid as crypto currency exchange involves uncertainty and
high risk
(b) The circular of central bank of state of Rubri is not valid at all.
(c) The circular of central bank of state of Rubri is valid as prohibiting Banking Institutes from providing any
banking services to the business involved in crypto currency exchange is an adequate measure.
(d) The circular of central bank of state of Rubri is not valid as prohibiting Banking Institutes from providing
any banking services to the business involved in crypto currency exchange is extreme measure.
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103. Assertion (A): protection of rights of each and every individual, however subjected to the limitations imposed
by the laws, forms basic tenets of a democratic nation.
Reason (R): a healthy balance between the individual rights and the rights of citizens as a whole is must in a
democratic country.
(a) Both (A) and (R) are correct (b) (A) is correct but (R) is incorrect
(c) Both (A) and (R) are incorrect (d) (A) is incorrect but (R) is correct
Passage (Q.104 and Q.105): Article 14 of the Constitution provides that every person is equal before the law
and enjoys an equal protection of law. Any discrimination on the grounds of sex/gender is prohibited under
Article 15. This, however, does not prevent the State from making special provisions for the benefit of women
under Article 15(3). The purpose is to remedy the historic disadvantage faced by women and to empower them.
Any legislation drafted hereunder cannot be subject to a constitutional challenge on the ground of unequal
treatment alone. The Maternity Benefit Act and other childcare leave are enacted under this provision, coupled
with the State’s duty under the Directive Principles to ensure maternal health. Drafted with this good intention
of empowering mothers, gender-specific parenting rights may, however, do more harm than good.
Protective legislation, however well-intentioned, must be understood in the social context under which benefit
is sought to be provided. Notable academician Professor Sandra Fredman in her book on Discrimination Law
(2011) has cautioned against protective legislation which might appear to remedy disadvantage, but in fact
reinforces sex stereotypes for women. In a similar tone, the Supreme Court has also warned against the dangers
of protective legislation and held that it must not create classifications that perpetuate legal, social or economic
inferiority of women.
Reason being that such classifications may perpetuate sex stereotypes and therefore contribute to discrimination
rather than overcome it. To achieve this, the Court has also consistently rejected the State’s attitude towards
pregnancy, motherhood and domestic obligations towards children and family as roles only being attributed to
women. These stereotypes, premised on assumptions about socially ascribed roles of gender which discriminate
against women, are against the spirit of Article 14 of the Constitution.
[Extracted from, https://www.barandbench.com/columns/gendered-childcare-in-india-time-for-he-for-she]
104. In the democratic country of Nadia, due to the age long patriarchal setup, women’s participation in political,
legislative and judicial bodies are minimal even after the fact that women constitute nearly 50% of its population,
therefore the government of Nadia has decided to give reservation to the women in legislative and judiciary
bodies. Decide?
(a) Reservation for women in both legislative and judiciary bodies are against the spirits of article 14 and thus
constitutionally invalid.
(b) Reservation for women in both legislative and judiciary bodies are protected under article 15 (3) and
therefore constitutionally valid.
(c) Reservation for women in legislation is valid as women constitutes 50% of Nadia’s population thus their
representation is must however reservation of women in judiciary is invalid as reservation could harm the
integrity of such institution.
(d) None of the above.
105. In a democratic country of Sugar Rush, there was a law related to adultery which prohibits and criminalizes, any
consensual sex between a married women and man outside her marriage without the consent of that women’s
husband. These laws portraits women as innocent and the man with whom she had sex as a perpetrator and
sentences him to imprisonment. Decide the author’s insight toward the adultery laws of sugar rush.
(a) Authors appreciate such laws as these laws safeguards women and are enacted for the welfare of the women.
(b) Author vehemently condemns such laws for being violative of sprit of article 14 of the constitution as the
law only sentences the man not the married women where both are at fault.
(c) Author appreciates such laws as they are protected under article 15(3).
(d) Author vehemently condemns such laws as it encourages stereotypical gender-based assumptions.
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It is also known as statutory bail. Commission itself had considered all aspects
This is enshrined in Section 167(2) of the Code of regarding salary and after due consideration opined
Criminal Procedure. that absolute equality ought not to be given for
64. (c) Right to default bail under Section 167(2), CrPC not statutory and government entities. In the 1 st line of
merely a statutory right, but part of procedure 3rd para of the passage it has also been stated that
established by law under Article 21. the court noticed that the aspect of disparity between
65. (b) The issue of default bail arises where it is not the Secretariat and the field offices was a matter
possible for the police to complete an investigation taken note of by the Commission itself. Thus
in 24 hours, the police produce the suspect in court considering these aspects option B stands correct.
and seek orders for either police or judicial custody. On the basis of same reasoning option D is incorrect.
For most offences, the police have 60 days to Option A is incorrect since the passage has
complete the investigation and file a final report mentioned the position of law about disparity if
before the court. Commission had specified the same in the reports.
However, where the offence attracts death sentence Option C is incorrect as passage is applicable for
or life imprisonment, or a jail term of not less than statutory and government entities as as they are
10 years, the period available is 90 days. working in Parliament of India hence same will be
applicable to their designation. Passage is silent
SECTION – C: LEGAL REASONING about the special designation.
66. (d) Since the pay commissions established by law only 70. (a) as in the last 3rd line of the 3rd para of the passage It
pertain to government entities and the remuneration has been held that courts ought not to interfere if the
of the employees engaged in the same, no recourse Commission itself had considered all aspects
can be resorted to in the matter herein. On the basis regarding salary and after due consideration opined
of same reasoning option (b) is incorrect. Option (a) that absolute equality ought not to be given for
and (c) is incorrect since the discretion and the statutory and government entities. Options B and D
authority to decide the packages are established by talks about a clear error being made by the
the company policies. Thus, (d) Commission which is not supported by any legal
67. (c) as both are working as stenographers and if different provision and as nothing of such sort is given in the
pay is given to both of them then it will be against passage thus, stands incorrect. Option C is incorrect
the passage. It is given in the 8th line of 3rd para of since no such information has been given in the
the passage that if equal amount of worked is passage regarding commission.
performed then equal pay for equal work shall be 71. (c) as in last 3rd line of the passage states that courts
allotted to the employees. So, (c) In the present ought not to interfere if the Commission itself had
question Supreme Court is a statutory entity and considered all aspects regarding salary which means
both are working as stenographers and thus SC does not have any jurisdiction in deciding
principle given in the passage will be applicable in matters where the Commission has already decided
this question. Thus, recourse of law will be about the salaries. However, in the passage there
applicable so options with ‘no’ will be straight away being no indication towards the same the SC may
eliminated. Hence, options A and D are incorrect. have jurisdiction to decide the same. Thus, (c) is
Option B is incorrect as commission has settled correct. Option A and B are incorrect. Since the
position to decide equal pay for equal work not to question of law involved here are not discussed in
decide salary of every employee. As no such the passage. As option A is incorrect thus, option D
information is given in the passage thus option B is incorrect.
stands incorrect. . 72. (c) as given in the 5th para of the passage that the court
68. (d) In last 3rd line of the passage states that courts ought further observed that heads of municipal bodies and
not to interfere if the Commission itself had commissioners of corporations would be held
considered all aspects regarding salary which means personally liable if it was discovered that manual
SC does not have any jurisdiction in deciding scavenging activities were taking place within their
matters where the Commission has already decided jurisdiction. As the manual scavenging was being
the remuneration. However, in cases of there being carried out thus compliant can be filed. Since the
no indication towards the same the SC may have passage above does not clearly or explicitly specify
jurisdiction to decide the same. Thus, (d) on the the presence of the head to be there when the
basis of same reasoning that commission has not complaint is to be filed, thus, options B and D are
decided anything in this regard thus SC will have incorrect. Option A is incorrect since a suomotu
power to decide the same thus options with ‘No’ i.e. liability has not been mentioned in the passage.
A and B are eliminated. Option C is incorrect as no 73. (a) because liability of the informant is nowhere
salary has been fixed as per the facts given in the mentioned in the passage. As there exists no
question. evidence to any presence of malintent so, no
69. (b) as in the last 3rd line of the 3rd para of the passage It inference to the same can be drawn. Thus, options C
has been held that courts ought not to interfere if the and D are incorrect. Option B is incorrect since the
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presence or absence of any malintent has not been 80. (d) Even though there looks like an apparent offence
made essential in such cases. taking place since the same has not been specified
74. (a) since the activity of retrieving a ball from a sewer above in the facts or the passage, the same cannot be
cannot be considered to be manual scavenging. deduced by mere objectivity. 3rd line of the second
However, para in the passage states that the court directed the
options C and D lack complete force of law on State Police Chief to remind all officers of their
account of being presumptuous thus, stands obligation to treat and address citizens with respect
incorrect. Option B is incorrect since option A gives and submit a report about action taken towards that
better by stating that the act does not amount to end. Thus (d) Option A is incorrect because though
scavenging. . the content of the option is true but option D gives
75. (c) Since the 3rd line of 1st para in the passage states that better .
MCD heads may take cognizance of the complaints Option B is incorrect since the authority could not
or may report it to department to eradicate the evil have exceeded it in any case as no such power is
of manual scavenging. So, options A and B both are given to police as per passage. Option C is incorrect
correct as MCA head may either take action or may since politicians and their kin do not have such
report to his department. As option C contents both immunity.
the options therefore (c) On the basis of same 81. (d) Since the facts above or the passage do not provide
reasoning options A and B are eliminated. Option D for any offence of defamation rather it talks about
is incorrect as it is given that MCD heads may take pulled up of police force for using derogatory terms
cognizance of the complaints or may report it to while addressing citizens so firstly it this passage
department to eradicate the evil of manual will not be applicable in this case as Avinash is a
scavenging. security guard not a police office. So no action
76. (d) Since the action of taking up all the previously made against Avinash will sustain. Secondly, since the
complaints is a noble act, the authority of a head of offence of defamation cannot be reasonably
Municipality has not been endowed with the ascertained here thus, options A and B are incorrect.
authority to do the same explicitly in the passage. And by means of extension, option C is also
Thus, options A and B are incorrect. Moreover, incorrect.
option c is incorrect since the rule of double 82. (b) Since here, the Policewala has not outwardly
jeopardy only exists in conviction in criminal committed anything wrong, even though he referred
matters and in the passage no such information is to him as a chaiwala. This does not count as
provided thus, stands incorrect. . derogatory terms causing mental harassment to the
77. (a) It is stated in the 2nd line of the 1st para of the passage addressee in the first place. Thus option C is
that Municipality Heads would be personally liable incorrect. Option A is incorrect as no derogatory
in case any person is found to be indulging in term is used against him. As option B is the correct
manually cleaning the sewers. As it is clearly answer so option D will be eliminated.
mentioned that Municipality head will be liable for 83. (c) as it is clearly states in the 2nd line of the 2nd para in
such act so resident cannot be held liable which the passage that this court will act forward to give
straight away eliminate options B and D which consequence if such directions are not followed.
makes resident liable. Option C is incorrect as Since order was given by High Court in the passage
passage talks about the cleaning of sewer too. Hence so High court will have the power to take actions for
option A is the correct answer because it was the the same. Option B is incorrect as passage does not
work of Municipal Corporation.. indicate anywhere about the power of other court so
78. (c) Since the term used to address Susan was not an cannot be presumed and interpreted. As option B is
inherently derogatory one but was merely incorrect as a result of same option D is also
interpreted that way due to it being a misnomer, the incorrect. Option A is incorrect. Since the passage
action, per se, cannot sustain. Thus options A and D above clearly states that the police chief can issue
are incorrect. Option B is incorrect since the intent directives and guidelines to officers, it cannot be
of the policeman is not relevant to be considered reasonably assumed that chief will have power to
according to the passage. take action as nothing of such sort is provided in the
79. (d) Options A and B are incorrect as in the present passage.
factual matrix the statement so given in these 84. (d) The Supreme court in Puttaswamy case held and
options does not have any rationale with the recognized privacy as fundamental right, since
information given in the present passage. Option C biometrics are critical personal information, it
is incorrect because passage talks about pulled up of violates privacy if law make Aadhaar mandatory for
police force for using derogatory terms while govt schemes and other welfare activities. Last line
addressing citizens. Using term like ‘yo mama so of the 3rd para states that if government want may
ugly’ is not derogatory. Passage also does not take back law if wishes to do so. Thus can be taken
impose liability for using the methods employed by back. Hence option (d) is the correct answer. On the
the policeman are deplorable or not. basis of same reasoning option A is incorrect.
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Option B is incorrect as no such exception is given which allows marriage between the sapindas.
in the passage. Option C is incorrect as it is given Option B is incorrect as the passage clearly
in the passage that if government want may take mentions sapinda to be a ground of void marriage.
back the law. (c) as a couple of instances is not sufficient enough
85. (d) As the last para of the passage states that “even to prove an existence of a custom which allows
though the Supreme Court has twice stated, in 1997 marriage between the sapindas as it is clearly
and in 2017, that an order of surveillance can be mentioned in the question that such custom shall be
passed only when strictly necessary and if there is consistently and universally maintained for a long
no other alternative, the lack of independent scrutiny period which is not a case here. Therefore, the
and effective reporting mechanisms result in lack of marriage between A and B is void. Option D is
accountability”. Thus, security forces have power to incorrect as section 11 of Hindu Marriage Act
proceed without any permission to hack any clearly states “Where parties to the marriage fall
devices. Options A and B are incorrect as option D within sapinda relationship i.e., same blood. A
gives a better . Option C is incorrect as passage is person cannot marry in the same family.”
silent about taking of permission. 91. (d) as requirement to annul a marriage on the ground of
86. (b) The hacking of mobile device in the present case is force or fraud is to apply for annulment within 1
necessary, and it’s valid as said by Supreme Court year from the time the petitioner gets the knowledge
in two judgments in 1997 and 2017 that in case about involvement of force or fraud. In the given
necessity its valid. Arguments in options A & C are case C applied for annulment within 1 year and it is
not rationally valid because passage specifically voidable at C’s option. In the present case C came
does not specify word ‘national security’ which to know about coercion on 15th May 2020 and she
makes option B more appropriate choice. As option filed petition on 5th April 2021 which is within 1
A is incorrect as a result of same option D is year. Thus (d) Option A is incorrect as the marriage
incorrect. is voidable at the option of C. Refer to “The
87. (a) In the present case the government is not authorized following are the grounds of voidable marriage
to do or direct such hacking because, there is no under Hindu law: Under-age, Mental disorder of
clear necessity and it is done only to those who are spouse, Repeated attacks of Insanity, Marriage by
critical about government, this also violates the right force or fraud, Pregnant with other than the child of
to privacy of individuals who are being hacked. On the petitioner.” Option B is incorrect as the
the basis of the same reasoning option D is incorrect. requirement to annul a marriage on the ground of
Option B is not sound argument because question force or fraud is to apply for annulment within 1
clearly states phones got attacked with this spranks year from the time the petitioner gets the knowledge
spyware by government, thus stands incorrect. about involvement of force or fraud. Option C is
Option C is incorrect because passage does not incorrect as the marriage was solemnized between C
discuss about the punishment regarding liability. and B. Therefore, A cannot file a petition as he was
88. (b) All the other scenarios are legitimate expect option not the aggrieved party.
B to take down content. In all other options A, C & 92. (d) The first is a voidable marriage at the option of A.
D the scenarios explain that new rules are having As per passage pregnant with other than the child of
positive effects of the law i.e curbing fake news the petitioner is ground for voidable marriage.
expect option B which explains the uproar of the Second one is a void marriage as A already had a
group thus option B will be the correct answer living wife. A already had a living wife. As per
violating freedom of expression and other options passage bigamy is a ground of void marriage. Third
A, C and D will be eliminated. is voidable at the option of Z as the disorder to not
89. (c) Option A is incorrect as the previous marriage with procreate children was realized only after marriage
Z was void ab initio. Therefore, he won’t be liable which is a ground of voidable marriage according to
for bigamy. Option B is incorrect as refer to first the passage. Fourth one is a valid marriage as the
point of void marriage i.e. “where at the time of husband was not heard for the time of 7 years, hence
marriage any party has a living husband or wife i.e., presumed dead as per passage if a person is not
bigamous marriage is void.” Therefore, the marriage heard for the time of 7 years will be presumed dead.
is between A and Z is void. In the given case, both Therefore, option d is correct.
options C and D are correct. But in question Z filed 93. (c) The party which does not have the power to
the case so liability of A is in question therefore (c) invalidate the marriage cannot walk out of the
In Hindu law a marriage is void when there is a marriage. All other statements regarding voidable
living spouse for either of the party. Z had a living marriages are true and has been prescribed in the
spouse in England making her marriage with A ab passage.
initio. Thus, (c) and option D is incorrect. 94. (b) as all the ingredients are fulfilled (1) Voluntarily
Therefore, Z cannot be charged under option D. obstruct any person. (2) To proceed in a particular
90. (c) Option A is incorrect as a couple of instances is not direction. (3) The person obstructed must have the
sufficient enough to prove an existence of a custom right to proceed. Option C is incorrect as the
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essentials of wrongful restraint are fulfilled. Option Option D is also incorrect as passage states that
A is incorrect as the reasoning is incomplete. It does proportionality doctrine is to shield the individual
not state all the ingredients of wrongful restraint. and his/her rights from the arbitrary brute power of
Option C is incorrect as fails to give a legal the state but it does not discuss about the power to
reasoning and he know the information is incorrect. take away fundamental right.
Option D is incorrect as refer to the essentials of 100. (b) answer. As four- part of proportionality test that are-
wrongful constraint. (i) that the measure is designated for a proper
95. (a) as physical boundaries are not needed, he is totally purpose (ii) that the measures are rationally
restrained from proceeding beyond the certain connected to the fulfilment of the purpose (iii) that
circumscribing limit thus constitute offence of there are no alternative less invasive measures, and
wrongful confinement. Option B is incorrect as (iv) that there is a proper relation between the
physical confinement not a necessary requirement. importance of achieving the aim and the importance
Option C is incorrect as wrongful confinement is the of limiting the right. As given in the question there
total restrain of a person, from proceeding beyond was a proper purpose and the measure was rationally
the certain circumscribing limit. Option D is connected to the purpose and the measure was
incorrect as A confined B in the circle. adequate thus option B is the most appropriate
96. (a) as P only told him not go the shop due to riots. He choice. Option A is incorrect as even though right to
did not obstruct his path. Option B, C and D are internet is fundamental right however it still could
incorrect as the essentials of wrongful restraint are be limited for security interests and moreover
fulfilled 1) Voluntarily obstruct any person. (2) To passage does not provide any information to
proceed in a particular direction. (3) The person conclude that right to internet is fundamental right.
obstructed must have the right to proceed. Option C is incorrect as government decided to
97. (c) as A was kept in police station for 2 days without prohibit use of internet in the State temporarily
any reasonable . He is restricted to move out of because there were chances to incite violence.
station. This amounts to wrongful confinement as he Option D is also incorrect as even though
was restrained from proceeding beyond the certain government is empower to limit the rights of
circumscribing limit. Option A is incorrect because individual however it still is bound by the doctrine
not performing a official duty is not a ground for of proportionality as given in the passage.
wrongful confinement. Option B is incorrect 101. (d) as the test of the measure must be least intrusive is
because for the offence of wrongful confinement not fulfilled in the given question therefore the
person is totally restrained from proceeding beyond actions were not proportional and thus D is correct.
the certain circumscribing limit. In present case A is Option A and C is incorrect as even though he was
not allowed to move outside station hence offence proven guilty of for misplacing a file entrusted to
of wrongful confinement is committed. Option D is him still the action of committee is not valid as
incorrect because putting behind bar is not a suspending Mr. Gulam from service for misplacing
necessary ingredient. Person can be wrongfully a file as the measure is more than what required.
confined without putting him behind bar. Option B is incorrect as it fails to give reasoning
98. (c) as Xolo wrongfully restrained Joker in the cell even behind the same.
after receiving bail orders. Option A is incorrect as 102. (d) as uncertainty in the crypto currency does not form
joker is a habitual offender or not is irrelevant. a valid ground to prohibit banking services to the
Option B is incorrect as the passage does not business involved in crypto currency exchange.
mention sovereign function as a defense. Option D There could have been alternative less invasive
is incorrect as the reasoning does not mention that measures instead of directly prohibiting them.
the confinement was wrongful i.e. he is totally Option B is incorrect as it fails to give the reasoning
restrained from proceeding beyond the certain behind it. Options A and C are not correct as even
circumscribing limit . though crypto currency exchange involves
99. (b) as proportionality doctrine as having four uncertainty and high risk however prohibiting
components- namely- proper purpose, rationale Banking Institutes from providing any banking
connection, necessity and balancing. In the present services to the business involved in crypto currency
scenario Mr. Edward Cullen implemented exchange is extreme measure and more then what is
emergency in the state which is not fulfilling the requires thus it is not proportional therefore (d)
four components of the doctrine. As his action is not 103. (a) as both assertion and reason are correct and could be
backed up by valid reason. Option A and option C gathered from the given line of the passage “the two
both are incorrect because the measure taken by Mr. key elements of a constitutional structure i.e. rule of
Edward Cullen is arbitrary in nature as he law and democracy. Democracy entails rights and
proclaimed the emergency to exercise absolute liberties, and on the other hand the rule of law
control over the country and in a fear of losing the empowers the state to sanction limitation on them to
power and it was not backed by the adequate laws. maintain the rule of law and order. But, however,
according to a proportionality tool that is derived
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from this doctrine.” And “he proposes that the income, but those data are referral points to the
central philosophy that governs the proportionality author presenting the main point that india needs to
doctrine is to shield the individual and his/her rights learn a few key lessons for its dismal performance
from the arbitrary brute power of the state, and in the latest world inequality report. therefore option
conceives of the proportionality doctrine as having (b) is the best suited answer. option (a) is incorrect,
four components- namely- proper purpose, rationale as the author does not find india’s performance as
connection, necessity and balancing.” As both very surprising; therefore, the expression ‘rather
assertion and reasoning is correct thus it straight perplexing’ contradicts the argument in the passage;
away eliminate all the other options, thus options B, hence, cannot be the main point. option (c) is
C and D stands incorrect. incorrect since the author has not talked about the
104. (b) because as per the 3rd line of the passage state may previous inequality report in the passage. this may
make special provisions for the benefit of women have been inferred from the passage, but certainly
under Article 15(3) reserving seats in legislative and cannot be considered the main idea of the passage.
judiciary bodies is also one of such even of option (d) is incorrect as well. the primary objective
benefiting women. Option A is not correct as of the inequality report is not the primary objective
Reservations or quotas for women in Parliament and of the entire passage.
judiciary bodies, serve to correct a historical wrong, 107. (c) the correct answer is c. the first paragraph contains
caused by the structural inequality between the the data illustrated in the world inequality report. the
sexes for many generations, can be justified by author only briefs his readers to the facts as a
recourse to Article 15(3) because the differential support to the main arguments ahead in the passage.
benefits/burdens are aimed at mitigating the effects he talks about the world inequality report and some
of a concrete, historical and institutional inequality of its findings. hence, this option is correct. option
therefore the reservation for women is not violative (a) is incorrect since there is no evidence that
of article 14. Option C is not correct as in the judicial suggests the first paragraph contains the main idea.
bodies too, inclusion women’s standpoint and their option (b) is incorrect, as it does not talk about
insights are also, must to impart absolute justice to india’s performance at all. option (d) is also
all. Option B is the most appropriate choice and incorrect. if it were insignificant, it would not have
therefore correct. As (b) thus it automatically been included at all.
eliminate option D. 108. (c) the correct answer is c. as is clear from the last
105. (d) As the author in its passage has tried to highlight the paragraph, ‘alarming as these findings are, they are
fact that how the laws made for the welfare and not entirely surprising.’ also, he did present some
benefits of women, promotes the gender based key lessons regarding the performance. therefore, it
assumption thus are discriminatory toward women is correct. option (a) is incorrect, as ‘perplexed’
itself also as given in the passage too “These means puzzled. the author in a way expected the
stereotypes, premised on assumptions about socially results based on the india’s performance since 2017.
ascribed roles of gender which discriminate against option (b) is irrelevant and far-fetched. option (d) is
women, are against the spirit of Article 14 of the an extreme option. the last paragraph mentions that
Constitution” The basis of the adultery laws of he was not entirely surprised. this option claims that
Sugar Rush were precisely the kind of stereotypical the author was completely unsurprised.
gender-based assumptions that the author intended 109. (a) option (a) is correct. in the first paragraph, the author
to do away with: i.e., that women are passive mentions the income levels and the wealth levels
partners, lacking in sexual autonomy thus could not both. clearly, there is a difference between the two.
give consent on her own or her consent does not options (b), (c) and (d) have been mentioned in the
mean anything before the law therefore option A first and second paragraphs respectively. therefore,
and C could not be correct as author does not they are not incorrect.
appreciates such laws. Option B also incorrect as the 110. (a) statement ii is clearly mentioned in the last paragraph
author main concern in the passage is to highlight of the passage. refer to the lines, ‘for a relatively
how laws for welfare promotes gender based poor country such as india, the most durable and
assumptions and are discriminatory in nature dependable way to reduce inequality is to increase
therefore option D is the most appropriate choice. the size of the gdp. that is the first policy lesson for
the government. however, as evidence from across
SECTION - D : LOGICAL REASONING the world has shown, fast gdp growth alone doesn’t
help, especially when it comes to tackling
106. (b) the correct answer is b. the main idea of the passage inequalities in accessing education and health. that
is what the author wants to communicate through is the second key policy lesson. a good starting point
the passage. it is either communicated in the in this regard would be for the government to
beginning or towards the end. the beginning of the improve the quality of data on inequality within the
passage mentions the report and the dismal country.’ statement i is incorrect, as the passage
performance of india with regard to inequality in mentions that fast gdp alone doesn’t help. however,
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SECTION – C: LEGAL REASONING
Directions (Q.66 – Q.105): Read the comprehensions carefully and answer the questions based on it.
Passage(Q.66-Q.70): Those who did not comply with the lockdown were extensively prosecuted under Section
188 of the Indian Penal Code, 1860 (the “IPC”). In a statement to the states, the Home Ministry stated that
violators of the containment measures will face penalties under the Disaster Management Act, 2005 (the “DMA”)
as well as Section 188 of the IPC. Consider the following provisions and those that are related:
Section 188 of the IPC punishes people who disregard an order issued by a public servant with imprisonment
ranging from one to six months. Section 188 of the IPC is the provision under which penalty is administered for
individuals who violate instructions issued under the Epidemic Diseases Act, 1897 (the “EDA”). Section 51 of
the DMA punishes two types of offences: impeding any official or employee of the government or anybody
authorised by any authority under the DMA in the exercise of their responsibilities, and refusing to comply with
any instruction made by the authorities under the DMA. On conviction, the sentence can be increased to one
year, or two years if the refusal results in the loss of life or an impending danger.
Section 505 of the IPC punishes anyone who publish or circulate anything that is intended to provoke fear or
panic with three years’ imprisonment or a fine, or both. Section 54 of the DMA allows for up to a year in prison
for anyone who issue or circulate a false alert or warning about a disaster or its severity or extent. According to
Section 52 of the DMA, anybody who makes a fraudulent claim for “any relief, assistance, repair, reconstruction,
or other benefits” from any governmental authority can face up to two years in prison and a fine.
Any authority under the DMA has the ability to demand resources such as people and material resources,
premises such as land or buildings, or sheds and automobiles for rescue operations. Despite the fact that the
DMA provides for compensation, anybody who disobeys such an order faces imprisonment for up to a year.
[Edited and extracted from, https://viamediationcentre.org/readnews/NjE=/ENFORCEMENT-OF-SECTIONS-
188-269-270-OF-IPC-FOR-LOCKDOWN-VIOLATION]
66. Rohit has been trapped at home for weeks, under lockdown, and is becoming bored since he has had nothing to
do for a long time as his school-leaving tests are over, and the entrance exams he has been studying for have
been postponed. He decides to have some fun and manipulates a picture on his computer, which depicts Rohit’s
school in ruins. Rohit then sends the photograph to his WhatsApp contacts with the remark, “This is what our
school will look like in 100 years!” Jyoti, one of Rohit’s classmates in the WhatsApp group where he shared the
photos, misses the caption and believes their school has been destroyed. She becomes terrified, and her parents
submit a complaint with the police, who want to charge Rohit under Section 505 of the IPC. Will the police case
be successful?
(a) Yes, since Rohit spread something that was likely to frighten his peers.
(b) Yes, since Rohit should have acted more maturely during tough moments such as the lockdown.
(c) No, because Rohit just sent the photograph to his friends and did not ‘circulate’ it.
(d) No, because the image and caption were unlikely to induce fear or alarm.
67. After the situation with the picture was settled, Rohit began spending an hour every evening standing on his
balcony, gazing out over his neighbourhood. One day, he spotted a few medical personnel dressed in protective
clothing knocking on his neighbour, Mr. Kapoor’s door. Because Mr. Kapoor had claimed specific Covid-19-
like symptoms, the personnel had come to take a sample from him for a Covid-19 test. The personnel were
employees of the local government hospital and were executing on directions from their superior, a DMA
authority. Mr. Kapoor, on the other hand, refused to unlock his door, forcing the workers to return. Later that
day, the police informed Mr. Kapoor that if he did not comply and produce a sample for testing, he would be
charged under Section 51 of the DMA. Is Mr. Kapoor in violation of Section 51 of the DMA?
(a) Mr. Kapoor is not a government official, thus no.
(b) Yes, as Mr. Kapoor had, however, prevented government personnel from carrying out their duties.
(c) Yes, because Mr. Kapoor was required to produce a sample after reporting symptoms.
(d) No, because the DMA authority’s directions only extended to the medical professionals, not Mr. Kapoor.
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68. Along with the above facts, Mr. Kapoor refused to produce a sample despite police warnings that he may face
charges under Section 51 of the DMA. In order to get a sample and establish that there was no spread in Mr.
Kapoor’s neighbourhood, the police chose to talk with him again, and this time they informed him that they
would also file a case against him under Section 188 of the IPC. Is Mr. Kapoor in violation of both Section 188
of the IPC and Section 51 of the DMA?
(a) No, a person cannot be tried and punished for the same offence under two separate sections of the law.
(b) No, because Section 188 of the IPC only applies to wrongdoings committed by a public servant.
(c) Yes, Mr. Kapoor had violated both Section 51 of the DMA and Section 188 of the IPC by refusing to provide
a sample.
(d) No, neither Section 51 of the DMA nor Section 188 of the IPC have been violated by Mr. Kapoor.
69. Mr. Kapoor eventually agrees to provide a sample and is assured that his findings would be available in 24 hours.
While waiting for the findings, Mr. Kapoor becomes irritated and sends a letter to the local District Magistrate,
stating his family has been terribly impacted by the Covid-19 outbreak, and that his family should be
compensated because he was suffering from the illness himself. Mr. Kapoor’s test results, on the other hand, are
negative for the illness which he already knew. The police are now furious with Mr. Kapoor and intend to charge
him with breaking Section 52 of the DMA. Is Mr. Kapoor in violation of Section 52 of the DMA?
(a) No, since he was concerned about his test findings and was entitled to compensation.
(b) Yes, since he submitted a false compensation claim with the District Magistrate.
(c) Yes, because he originally refused to provide a sample to medical personnel.
(d) No, because the results of his tests were negative.
70. Mr. Kapoor receives a phone call from one of his employees a few days after the events recounted in the
preceding questions. The employee informs Mr. Kapoor that the warehouse where he stored the products, he
dealt in had just flooded due to a storm. When Mr. Kapoor hears this, he rushes across the street to Rohit’s house.
Mr. Rishabh, Rohit’s father, also works for Mr. Kapoor, and Mr. Kapoor informs Mr. Rishabh that he must
immediately hand over the keys to his car to Mr. Kapoor, as he intends to use it to retrieve the goods from the
warehouse. Mr. Kapoor further informs Mr. Rishabh that because Mr. Rishabh works for him, Mr. Kapoor is
an‘authority,’ and so has the power to requisition the automobile from Mr. Rishabh under the DMA. Is Mr.
Kapoor, correct?
(a) No, under the DMA, the ability to requisition resources is only accessible to an authority under the DMA,
not to an employer.
(b) No, under the DMA, the authority to requisition resources is only available to rescue people, not goods.
(c) Yes, because an employer is an ‘authority’ in the eyes of an employee, Mr. Rishabh must hand over the keys
to his automobile to Mr. Kapoor.
(d) Yes, because the loss of the products would have a negative impact on Mr. Rishabh’s livelihood.
Passage(Q.71-Q.75): Suicide abetment is a criminal offence under the Indian Penal Code of 1860. Section 306
of the IPC provides “If any person commits suicide, whoever aids and abets the commission of such suicide will
be punished with imprisonment for a term of up to 10 years, and shall also be liable to fine.”
Suicide abetment is a serious crime that is prosecuted in a Sessions court and is cognizable, non-bailable, and
non-compoundable. A cognizable offence is one for which a police officer can make an arrest without a court
order. A non-bailable offence is one in which bail is granted at the discretion of the court rather than as a matter
of right.
A non-compoundable offence is one in which the complainant’s complaint cannot be withdrawn even if the
complainant and the accused have reached an agreement of compromise. A case containing a non-compoundable
offence cannot be withdrawn by the court, and every such complaint must be followed by a trial in which
evidence is held against the accused.
The crime of abetment of suicide has two main components. The first is a suicidal death. The second component
is the accused’s intent to aid in such suicide. Legally, whether a death is a suicide or not is a factual finding,
which means evidence must be analysed to determine whether or not the death was a suicide.
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In common parlance, the term “suicide” is freely used to all cases of self-destruction, although suicide is never
assumed. A suicide determination is established when the deceased individual is considered to have known the
likely outcome of what the self-harm is about to inflict to the person and nevertheless commits it willfully.
Once this finding is reached, the purpose of the individual charged of abetment of suicide is investigated.In
demonstrating any crime, the accused’s actions reveal his or her purpose. Supreme Court in multiple judgments,
including one in 2002 in the case of ‘Sanjay Singh v State of Madhya Pradesh,’ have found that a speech or
statement made in haste or fury does not constitute abetment of suicide.
Furthermore, if the deceased individual is judged to be extremely sensitive in comparison to a reasonable person,
the court has said that the accusation of abetment to suicide will be reduced.
[Extracted from, https://timesofindia.indiatimes.com/india/disciplining-a-student-not-abetment-to-suicide-
sc/articleshow/86797335.cms]
71. Ms. Lucy, a Chennai resident, has been charged and arrested for Sedition, a non-bailable offence under Indian
law. She has asked for bail in this regard. Can the Court grant her bail?
(a) No. Because sedition is a non-bailable offence, the accused cannot be granted bail.
(b) No, because sedition is such a serious offence against the nation’s interests, the Court will not give bail to
such an accused.
(c) Yes. Bail is granted at the discretion of the court and is not guaranteed as a right to the accused.
(d) Yes, Ms. Lucy has bail as a matter of right.
72. Money and Aby have been great friends since they were children. They attend the same school, return home
together, play together, and have been inseparable since they were very young. However, they had a tremendous
quarrel one day, and Money exclaimed on the rush of the moment that she hates Aby and wishes he would kill
himself. Aby was devastated by this and committed suicide in his sadness. Will Money be prosecuted for aiding
and abetting suicide?
(a) Yes. Money will be held accountable since her statements had a direct impact on Aby’s choice to commit
suicide.
(b) No. Money’s remarks were spoken in haste;therefore, it cannot be assumed that Money intended to trigger
Aby’s suicide.
(c) Yes. Money had been Aby’s best friend since childhood and should have been more aware of the impact her
remarks may have on Aby.
(d) No, Aby’s suicide was his personal choice and hence even if anybody influenced him, he should be sensible
enough to commit suicide.
73. Assume, in the preceding situation, that a lawsuit has been initiated against Money based on the Complaint filed
by Aby’s parents. They subsequently decide to forgive Money because of their son’s connection with Money.
As a result, they wish to withdraw the case. Will their parents be able to do the same?
(a) Yes. Since they filed the complaint, they have the ability to withdraw it at any time.
(b) Yes. The Court will enable the parents to withdraw the lawsuit due to the unique circumstances surrounding
Aby and Money’s friendship.
(c) No. Such charges of abetment to suicide cannot be withdrawn under the law.
(d) No, since once a complaint is filed, it cannot be withdrawn, and if the individual who files the case does so,
he or she is held liable for wasting government officials’ time.
74. In the preceding situation, it was discovered that Aby had a sensitive disposition and was easily injured even in
simple issues. Will Money be acquitted as a result of this new information?
(a) Yes, if the deceased individual is deemed to be very sensitive in comparison to a reasonable person, the
Court will never hold a person guilty of aiding and abetting suicide.
(b) No. The deceased’s sensitivity is an element that can aid Money’s case, but it is not a guarantee of her
acquittal.
(c) No. Money should have been more cautious given Aby’s sensitive disposition.
(d) Yes, even if it was an unknown fact, but then this makes clear that Money from nowhere is liable for abetment
to suicide as it was Aby’s mental condition which made him do so.
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75. Which of these Courts, according to the Paragraph, has the authority to try a case of Abetment to Suicide?
(a) First Class Judicial Magistrate (b) Second Class Judicial Magistrate
(c) Chief Judicial Magistrate (d) Sessions Judge
Passage(Q.76-Q.80): Intellectual property (IP) is a term referring to a brand, invention, design or other kind of
creation, which a person or business has legal rights over. Almost all businesses own some form of IP, which
could be a business asset.
Copyright- The rights of authors of literary and artistic works (such as books and other writings, musical
compositions, paintings, sculpture, computer programs and films) are protected by copyright, for a minimum
period of 50 years after the death of the author. The owner of copyright work can generate wealth not only by
exploiting it himself but also by sharing it with others for mutual benefits. This can be done by way of assignment
or licensing of copyright.
Trademark - A trademark is a word, group of words, symbol or combination of these that distinguishes the
products of one competitor from the products of other competitors in the marketplace. It has to be unique,
distinct, and capable of being represented graphically. Also, should be capable of distinguishing the goods or
services of one person from those of others a brand can be registered under the trademark law.
Patent- A patent is an exclusive right of monopoly granted for a non-obvious invention, which is a product or a
process that provides, in general, a new way of doing something, or offers a new technical solution to a problem.
Term of every patent in India is 20 years from the date of filing of patent application, irrespective of whether it
is filed with provisional or complete specification. However, in case of applications filed under PCT the term of
20 years begins from the international filing date accorded under PCT. In case of contract of service right to
patent belongs to the employer. Monopoly is granted through which the inventor monitors and controls the
availability of the invention to the public.
[Extracted from, https://www.wto.org/english/tratop_e/trips_e/intel1_e.htm]
76. A, wrote a novel after getting inspired from the Harry Potter series. ZXY a publishing house came forward to
publish the book of A. They took over the copyright of the book with a payment of INR 100. Later A realised
he was cheated as other publishing houses came forward with much lucrative offers. A sold his publishing rights
to ZZZ publishers. A was sued by ZXY for copyright infringement. Decide.
(a) A has not infringed copyright deal as he was cheated by ZXY thus making the copyright contract null and
void.
(b) A has infringed the copyright deal as from the moment he signed the deal for INR 100, he had repudiated
his rights over the book.
(c) A has not infringed the copyright deal as it is his original work inspired by the Harry Potter series and he too
deserves to be successful like J.K Rowling.
(d) A has infringed the copyright deal as he had to take permission from ZXY publishers before selling it to ZZZ
publishers.
77. A started a clothing company named ‘Regal’ which turned out to be successful. A obtained a trademark over the
name Regal. B started a clothing company named ‘Regel’. A filed a suit for trademark infringement against B.
Decide.
(a) B has not committed trademark infringement as his company name is different than that of A.
(b) B has committed trademark infringement as the name of B’s company is similar to that of A’s and likely to
be confused as both deal with similar and identical goods.
(c) B has not committed trademark infringement as his name is different to that of A’s name and is not likely to
be confused.
(d) B has committed trademark infringement as it is a ploy from him to confuse people with the well-known
brand of A.
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78. Z was hired by ZYZ Company to work in their research wing which was developing Covid- 19 vaccine. While
working, Z came up with a new combination which was extremely effective, while tested on animals. Z went
ahead to claim patent over the formulae but was challenged by ZYZ board. They felt they should have the patent
as he was their employee acting under the company’s supervision. Decide.
(a) Z will not be granted with the patent as the efficiency of the vaccine is still very much uncertain.
(b) Z will not be granted the patent as he was an employee of ZYZ Company who was specifically hired for the
purpose of research. Hence, the company should become the patent holder.
(c) Z will be granted a patent, as it was his individual effort and skill that made the creation of formulae possible.
(d) The company cannot obtain the patent only because they hired Z. Z was hired in the research wing but was
not explicitly asked to discover the vaccine.
80. Choose the right set of intellectual properties for the below given examples.
A. Y wrote a poem which was purchased by U-series for the sake of distribution and monetization.
B. X came up with a new tagline- ‘Miraculously tasty’ for his home-made product distribution company.
C. A, invented a new machine which could zero the gravity around 10 metres of its radius.
D. B, a dancer, made a video of his boneless dance. The video went on to become a huge hit.
(a) Copyright, trademark, patent, copyright
(b) Trademark, patent, copyright, copyright
(c) Copyright, patent, trademark, trademark
(d) Patent, trademark, copyright, copyright
Passage(Q.81-Q.85): Disapproving the blanket orders passed by a single judge of the Rajasthan High Court to
not list applications for bail and suspension of sentence as urgent matters during the lockdown, the Supreme
Court has observed that the right to apply for bail is an individual right implicit in Articles 14, 19 and 21 of the
Constitution.
The Court has observed that such blanket bans would suspend Fundamental Rights of individuals and block
access for seekers of liberty to apply for bail. These orders were challenged before the Supreme Court by the
Rajasthan High Court itself.
"Such an order also has the effect of temporarily eclipsing statutory provisions" the Supreme Court said. While
noting that the blanket order was passed by the High Court without compliance of procedure established by law,
the Bench has observed that blanket order prohibiting listing of bail application or applications for suspension
of sentence in appeals also infringes upon the right of personal liberty of incarcerated persons.
Such right has been taken away by judicial order, without compliance of procedure established by law, which in
our constitutional jurisprudence, is akin to "the due process" dictum." the Bench said "Right to apply for bail is
an individual right implicit in Articles 14, 19 and 21 of the Constitution", the judgment authored by Justice Bose
stated.
The Court also observed that the right of an accused, an under trial prisoner or a convicted person awaiting appeal
court's verdict to seek bail on suspension of sentence is recognised in Sections 439, 438 and 389 of the 1973
Criminal Procedure Code. Court also held that granting a bail is discretion of court on basis of merit of the case.
https://enalsar.informaticsglobal.com:2278/top-stories/right-to-apply-for-bail-individual-right-articles-14-9-21-
supreme-court-high-court-of-rajasthan-v-state-of-rajasthan-ll-2021-sc-523-182834 Live law dated29/09/21
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81. X was arrested on the charges of possessing drugs. He filed a writ petition in the Delhi High court stating that
the arrest is violative of his right under article 19. The high court dismissed his petition. Are the facts given in
consonance with the aforementioned Supreme Court ruling?
(a) Yes, but X should have filed a bail application instead of a writ petition.
(b) Yes, but there is no obligation on the court to entertain X’s petition
(c) No, X’s right under article 19 has been breached and the court should have entertained his petition.
(d) No, sections 439 and 389 of Criminal Procedure code will not be applicable in the present case.
82. Suppose in the previous question, X filed the same petition in Rajasthan High court but it got dismissed, would
this change in facts change your answer to the previous question?
(a) Yes, the dismissal of the petition is against the Supreme Court ruling.
(b) No, the dismissal of the petition is against the Supreme Court ruling.
(c) Yes, the dismissal of the petition is not against the Supreme Court ruling.
(d) No, the dismissal of the petition is not against the Supreme Court ruling.
83. ‘Ram’ was arrested on the charges of murdering a person named ‘Shyam’. During the trials, it was found that
Shyam was alive and the entire case was a false accusation. Now, Ram filed a petition to quash the trials.
However, the court was reluctant to quash the case since there were other charges against Ram in the similar
case. Decide the applicability of aforementioned decision by the Supreme Court.
(a) The court is under an obligation to quash the trial, as not doing so would infringe the fundamental rights of
Ram.
(b) The court is not under any such obligation, as the decision is applicable for the bail applications.
(c) The court is under an obligation because the judgement came from the apex court.
(d) Ram shall file a bail application instead to avail the rights.
84. In the previous question, will you change your response if Ram has filed an application of interim bail, but the
court is not granting the bail. To defend its stance, court has stated that there are certain new angles in the case
which needs to be explored.
(a) Yes, because the Supreme Court has made it clear that bail is one of the fundamental rights of an accused.
(b) No, the court can still reject a bail application on its merits.
(c) Yes, bail shall be granted as the application is merely for an interim one.
(d) No, as there are certain new angles in the case which shall be explored first.
85. Which of the following can be conclusively derived from the passage?
(a) The bail applications shall be listed mandatorily, and there shall be no ban on this.
(b) The order by Supreme Court is only applicable to the state of Rajasthan.
(c) The order deals with other ‘rights of an accused’ as well.
(d) Right to bail is a recognised right under the relevant provisions of Indian constitution as well.
Passage(Q.86-Q.90): The Supreme Court observed that a High Court can quash criminal proceedings in exercise
of its inherent powers under Section 482 Cr.P.C., even if the offences are non-compoundable and the compromise
is reached after conviction.
The bench headed by CJI NV Ramana added that criminal proceedings involving non-heinous offences or where
the offences are predominantly of a private nature, can be quashed irrespective of the fact that trial has already
been concluded or appeal stands dismissed against conviction.
While allowing the appeal, court therefore concluded:
We thus sum up and hold that as opposed to Section 320 Cr.P.C. where the Court is squarely guided by the
compromise between the parties in respect of offences 'compoundable' within the statutory framework, the extra-
ordinary power enjoined upon a High Court under Section 482 Cr.P.C. or vested in this Court under Article 142
of the Constitution, can be invoked beyond the metes and bounds of Section 320 Cr.P.C. Nonetheless, we
reiterate that such powers of wide amplitude ought to be exercised carefully in the context of quashing criminal
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proceedings, bearing in mind: (i) Nature and effect of the offence on the conscious of the society; (ii) Seriousness
of the injury, if any; (iii) Voluntary nature of compromise between the accused and the victim; & (iv) Conduct
of the accused persons, prior to and after the occurrence of the purported offence and/or other relevant
considerations.
https://enalsar.informaticsglobal.com:2278/top-stories/supreme-court-criminal-cases-predominantly-private-
nature-section-482-crpc-compromise-182751 live law dated 29/09/21
86. X & Y were friends but X was always jealous of Y due to his booming business. X mixed poison in Y’s drink
leading to Y’s death immediately. With a thorough investigation it became quite apparent that X was the one
who killed Y. X is convicted by the district court of Allahabad, but Y’s family wants to compromise since X has
small kids and Y’s family doesn’t want to ruin their life. Accordingly, the court quashes the criminal proceedings
against X. Was the court right in doing so?
(a) Yes, the court has inherent powers to quash criminal proceedings.
(b) Yes, the court has satisfied all the prerequisites under section 320 of the Cr.P.C
(c) No, the court does not have the power to quash criminal proceedings.
(d) No, the court exceeded its power since the offence was murder which is a heinous crime and it is non-
compoundable.
87. Suppose in the previous question, X & Y lived in Delhi and the case was being heard by Delhi High court. With
the rest of the facts remaining same, will this slight modification in facts change your answer to the previous
question?
(a) Yes, the both the courts have power to quash the criminal proceedings.
(b) No, both the courts do not have the power to quash criminal proceedings.
(c) Yes, the court has the power to quash the criminal proceedings.
(d) No, the court does not have the power to quash the criminal proceedings.
88. Jai and Veeru were two friends, who grew up together in the city of Rampur. They fell in love with the same girl
named ‘Basanti’. Once they came to know about this fact, both of the friends were deeply hurt. In a fit of rage,
Jai published some posters, which had some defamatory content about Veeru. After seeing this, Veeru lodged a
complaint against Jai, and he was convicted for the offence of defamation. However, they both had a heartfelt
talk and thought of taking back the case. Pick the most suitable option.
(a) The case shall be quashed, since the parties have arrived at a compromise.
(b) The case can be quashed, since the parties have arrived at a compromise and the offence was not that grave.
(c) The case cannot be quashed, as the case was not dealt by the High Court.
(d) The case shall be quashed, since this is an inherent power of the courts.
89. In the previous question, will you change your answer if Jai would have killed Veeru? Provided that Jai has tried
reaching at a compromise with Veeru’s family?
(a) Yes, since the offence is grave in nature and injury is serious.
(b) No, since the both the parties have tried reaching a compromise.
(c) Yes, since both Jai and Veeru were extremely close friends.
(d) No, since the proceedings can be quashed anytime as mentioned under the powers of courts.
90. Which of the following cases cannot be quashed even if the parties have reached a compromise?
(a) A stole the purse of B, which led to him missing the flight due to lack of documents (that were stolen).
(b) A broke into B’s house, but left as he saw the thief catching mechanism.
(c) A pushed B against the wall in a fight, due to which B’s leg got fractured.
(d) A stealthily evaded the security check-in to smuggle certain illicit drugs in the flight.
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Passage(Q.91-Q.94): The Bench held that it was incorrect to say that the sale deed was without consideration.
Relying on S.25 of the Indian Contract Act, 1872 it held that:
"Section 25 of the Contract Act is to the effect that an agreement without consideration is void but if a document
is registered on account of natural love and affection between the parties standing in a near relation to each other,
then such an agreement is not void." (Para 20)
Observing that the parties are in near relations and in the present case the elder brother had come to the help of
younger brother by discharging his debts, the Bench held that the sale deed cannot be said to be without
consideration.
Further, the Bench affirmed the Appellant's reliance on Bellachi (Dead) by LRs v Pakeeran, which held that:
"The burden of proof regarding the genuineness of document lies upon the vendee and that in case of a registered
document, there is a presumption that it was executed in accordance with law."(Para 17)
In response to the Respondents argument that the sale deed was obtained by misrepresentation and fraud, the
Bench held that:" in terms of Order VI Rule 4 of the Code, in all cases in which the party pleading relies on any
misrepresentation, fraud, or undue influence shall state in the pleadings the particulars with dates and items in
the pleadings. The extract from the written statement or the plaint does not show that there is any pleading of
misrepresentation or fraud. If party relaying on certain pleadings if not raised initially cannot be raised further
in a suit”.
https://enalsar.informaticsglobal.com:2278/top-stories/section-92-evidence-act-oral-evidence-sham-document-
supreme-court-182906 Live Law 01/10/2021
91. X and Y were neighbours and knew each other since their childhood. X purchased a brand-new Harley Davidson
but due to crunch of time he hardly got the opportunity to ride it. He enters into an agreement with Y wherein he
agreed to give his bike to Y and Y agreed return his bike after 6 months. After 2 months, X felt the need of
having his bike back, but Y refused. X filed a suit in the court of law that Y must return his bike because the
agreement was void ab initio. Is the argument of X in consonance with the aforementioned passage?
(a) No, the given fact situation comes under the exception of section 25 of the Indian Contract Act.
(b) Yes, the agreement was void.
(c) No, consideration was fulfilled for both the parties and hence a valid agreement.
(d) Yes, order VI rule of the code of civil procedure will come in the rescue of X.
92. Suppose X and Y were best friends and had lots of love and affection between them when they entered into the
agreement. Would this change your answer to the previous question?
(a) No, the agreement is void as per section 25 of the Indian contract act.
(b) Yes, the agreement is not void as per section 25 of the Indian contract act.
(c) Yes, the agreement is void as per section 25 of the Indian contract act.
(d) No, the agreement is not void as per section 25 of the Indian contract act.
93. Minie entered into an agreement with one of her colleagues named ‘Rishi’ regarding her jewelleries. All the
documents were in accordance with law and the agreement was completed. However, Rishi defaulted on the
payment, which compelled Minie to file a law suit. During the proceedings and calculation, she realised that
Rishi has deceived her in getting a greater amount of gold than mentioned in the agreement. She now wanted to
argue for fraud as well. Decide.
(a) She can argue for fraud under the same suit, as the issue is related to the same case.
(b) She cannot argue for fraud under the same suit, as it was not mentioned in the plaint initially.
(c) She can argue for fraud, as Rishi took more gold than what was initially agreed upon.
(d) She cannot argue for fraud, as she should have calculated the same before entering into the agreement.
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94. Which of these would represent a close relationship to effectuate an agreement without consideration under
Section 25 as mentioned above?
(a) Two colleagues, who have worked in the same office.
(b) Two passengers, who met in a train and became good friends over the time.
(c) Two neighbours, who have recently shifted to a colony named ‘Shaantivan’.
(d) None of these
Passage(Q.95-Q.100): The law does not ask a law-abiding citizen to helplessly suffer a bodily injury or assault
and do nothing to save himself/herself or any other person, when confronted with imminent and unlawful
aggression.
In Chapter IV (Section 96 to 106) of ‘General Exceptions’ of the Indian Penal Code (IPC), the law recognizes
and protects the right of a person of self-defence of the body.
The cardinal principle underlying the doctrine of the right of private defence is that when an individual or his
property is faced with danger and immediate aid from the State machinery is not readily available, then that
individual is entitled to protect himself/herself or his/her property even by using force, if need be.
Section 96 provides that 'nothing is an offence which is done in the exercise of right of private defence'. Section
97 provides that every person has a right to defend his/her own body or the body of any other person against any
offence affecting the human body, though subject to the restrictions contained in Section 99, which limits the
right of private defence to the extent of harm caused. In other words, it permits the right of private defence to be
exercised without the use of excessive force and reasonable force shall be used.
Section 100 read with Section 106 extends the right of private defence to cause death in certain occasions
involving apprehension of death, grievous hurt, assault with the intention of committing rape, and others. It is
thus clear that a person saving herself or any other person from an offence of rape or attempt to rape, is entitled
to use maximum force to stop the offender from committing such a crime, subject of course to certain limitations.
The right of private defence of the body commences as soon as a reasonable apprehension of danger to the body
arises from an attempt or threat to commit the offence, though the offence may not have been committed. It
continues as long as such apprehension of danger to the body continues.
(Extracted with requisite revisions and edits from‘Understanding the nuances of the right to private defence:
Criticism of the Bulandshahr trial court conviction’at https://www.barandbench.com/columns/understanding-
the-nuances-of-the-right-to-private-defence-criticism-of-the-bulandshahr-trial-court-conviction)
95. Shweta was an avid shopaholic and could spend hours browsing through the stores. During one such expedition
of hers in SarojiniChowk, she saw a man at a close distance who was holding a knife and was swinging it at her.
This gave her goosebumps and being a lady of strong will and to teach that man a lesson, she picked a pebble
from one of the showcase vases and threw it at him injuring him in the process as the pebble had hit him on his
head. The stranger started bleeding profusely. A claim was later brought against Shweta for her rash conduct to
which she took the defence of private defence. Is her claim likely to hold well?
(a) Yes, in the absence of any state machinery at the immediate disposal of the person, s/he is entitled to protect
it by any means.
(b) No, there was no immediate threat or danger to Shweta to entitle her to exercise the right to private defence
and hence she cannot claim the defence.
(c) Yes, there was threat to the body of Shweta as the swinging of knife at her is a reason enough to invoke a
fear and for the protection of her body it was reasonable enough to have exercised the right to private defence.
(d) No, the force i.e. hitting with a pebble on head was disproportionate to the apparent threat in the situation.
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96. During the investigation, Shweta revealed that she had earlier seen the same man assaulting a lady but at that
time she couldn’t gather the courage and this incident haunted her day and night and when she saw the same
man with a knife, she knew something has to be done to end this menace and hence acted in the manner as stated.
Is her rash conduct protected under the right to private defence?
(a) Yes, her alleged rash conduct is owing to the fact of ill precedents and she had acted in good faith in order
to prevent any future incidents. Hence, she has acted in private defence.
(b) No, the force used by her was disproportionate to the threat in hand of swinging knife. She could have instead
used a less offensive object for protecting her person.
(c) Yes, private defence extends to the protection of not only the body of the person exercising it but also for
the body of others and in this case, both the incidents were committed/likely to be committed.
(d) No, despite the fact of the alleged incident of assault against the lady there was no apparent/ immediate threat
on Shweta in the present scenario to entitle her to exercise the right to private defence.
97. It was not the first time when SarojiniChowk had reported such hooliganism. It seemed like an everyday news
of the shopping hub to be infested with such nefarious hooligans. One such day, Ms. Sunaina saw a Stranger
trying to rob an old lady trying to snatch her purse and trying to rob her at gunpoint. She gathered all the courage
and picked a cane lying nearby and hit the stranger with all her power making the stranger fall instantly and
losing consciousness with blood oozing out of his head. Can Ms. Sunaina claim the defence of private defence?
(a) Yes, the right of private defence can be used to protect the person of not only oneself but also others in order
to tackle any impending threat or harm and hence Ms. Sunaina can claim the said defence.
(b) No, the incident of blood oozing out of the perpetrator's head indicate that that the force used against him
was disproportionate and hence she would not be entitled to the defence.
(c) Yes, since Sunaina was located near the incident, there was a high possibility of being a victim of similar
attack on her after the robber had snatched the purse of the old lady and in order to prevent such a harm to
herself, it was necessary to nip in the bud.
(d) No, the right to private defence as the name suggests ‘private' is for the protection of one's own body and not
meant for the protection of others.
98. It was found by the investigating authority that the police headquarters were situated at four blocks across the
place of incidence and would have taken only 5-7 minutes to report to them instead of Sunaina herself taking the
law in her hands. Would she be entitled to the right of private defence?
(a) No, since the aid from the State machinery was available at her perusal, she could have utilized that instead
of using any force on the perpetrator and therefore she is not entitled to any right of private defence.
(b) Yes, the threat was immediate and the police headquarters cannot said to be situated at a place to provide
instant resolve to the present crisis and hence the right to private defence would still be available to Sunaina.
(c) No, since the police headquarters were situated nearby it is apparent that she could have easily shouted in
order to invoke attention of the people and also likely that of the police instead of taking law in her own
hands.
(d) Yes, right to private defence can be used to protect not only the body of oneself but also of others.
99. Assuming the gun which the stranger was carrying was a counterfeit and the old lady being unaware about the
fact was carrying a paper cutter and stabbed the stranger with that and ran away with as fast as possible. Can the
old lady claim the right to private defence?
(a) No, in order to claim the right to private defence the threat must not only be immediate but also real and in
this case the gun being used was itself a counterfeit and therefore no right of private defence can be claimed
by the old lady.
(b) Yes, the old lady was unaware of the fact whether the gun was a counterfeit or not and hence the threat or
harm that may have been caused to her or her property were immediate for her and this entitling her to the
right to private defence.
(c) Yes, since the state machinery was not readily available at her disposal, she was correct and entitled to have
exercised the right to private defence.
(d) No, despite being unaware of the genuineness of the gun she used force that was disproportionate to the harm
being posed to her which was mostly constrained towards the taking away of the purse.
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100. After two days, it was revealed that the stranger had died due to excessive bleeding as medical assistance was
delayed to him. Can the old lady’s claim of the right to private defence hold good in the Court of law?
(a) No, since the act caused the death of the perpetrator it is apparent that the force being used by the old lady
was disproportionate to the harm actually caused and hence her claim of private defence shall not hold good.
(b) Yes, the death of the perpetrator is due to the negligence of the medical staff in causing the delay and hence
no liability can be attributed to the old lady.
(c) No, the present factual matrix does not involve any instances of apprehension of death, grievous hurt, assault
with the intention of committing rape, and others where the causing of the death in the exercise of the right
of private defence can be justified.
(d) Yes, since the harm was done keeping the fact that the gun was real and hence the likely outcome of his
death was not intended or caused due to the direct conduct of the old lady.
Passage(Q.101-Q.105): When a tort is committed, meaning that a defendant’s actions interfered with the
plaintiff’s person or property, a plaintiff’s consent will excuse the defendant of the wrongdoing. Although a
defendant’s conduct may be considered immoral, or harmful, if the plaintiff allows these interferences to occur,
then the defendant is not considered to have committed a tort.
Consent occurs when a plaintiff displays a willingness to participate in the defendant’s conduct. This consent
can be express or implied. Consent may not always excuse a defendant of liability. Sometimes consent is
ineffective under certain conditions. If the plaintiff lacks the capacity to consent, is coerced into consenting, or
consents under false pretenses, the consent is not valid as a defence to the tort.
This incapacity must interfere with the plaintiff’s ability to weigh the benefits and consequences of the
defendant’s suggested conduct. A person suffering from bouts of insanity cannot be expected to be able to give
proper consent and anyone who takes advantage of that fact and puts him under any risk of injury shall not have
the defence of consent.
(Extracted with requisite revisions and edits from ‘General Defenses In Torts’
athttps://www.lawctopus.com/academike/general-defenses-in-torts/)
101. Manoj, was an avid fan of cricket and with India-Pakistan match being organized in his city, it enough for fans
like him to pay for premium ticket just to get hold of the match. On the day of the match, while Manoj was
watching the match, a ball by one of the players Babur went straight to his shoulder and injuring him in the
process. He brought an action against Babur for having made the shot at the place where the audience were
sitting which he could have avoided, him being a professional player. Will Babur be liable for professional
misconduct?
(a) Yes, Babur would be liable for professional negligence as he is expected to maintain a least level of due
diligence before exercising a shot like this.
(b) Yes, there is no implied or expressed consent given by Manoj for sustaining any such harm which he
withstood due to the negligence of a professional player and there was no willingness to partake in such a
conduct of Babur.
(c) No, Manoj has implicitly consented to any such harm which occurred during the match including the injury
sustained by him during the match by buying the tickets of the stadium.
(d) No, Manoj is expected to take due care and diligence in order to divert any harm and hence Babur would not
be liable for the harm.
102. It was argued by Manoj that the stadium authorities have promised him while giving the tickets (kindly note that
he brought premium tickets to watch the match) that it is the highest point of the stadium and there has not been
a single instance when the ball would have reached that high ever in the history of the cricketing tournament.
However, the history changed as Manoj was injured with the shot. He claims that there were false pretenses
made by the stadium authorities and therefore, they would be liable. Is his argument correct?
(a) Yes, the consent was given by Manoj on the false pretense of safety by the stadium authorities and therefore
the consent was not a valid consent and Manoj would be entitled to compensation.
(b) No, there was no false pretenses by the stadium authorities as their promise was based on factual accuracy
and Manoj has consented to such harm caused during the match.
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(c) Yes, Manoj has not consented to take part in the defendant’s conduct and therefore Babur cannot be excused
from any liability.
(d) No, there is an implied consent by Manoj for any harm that might or likely to occur in the stadium and no
liability can be attributed to any person whatsoever.
103. Pakistan lost the match despite the tremendous performance by Babur. Infuriated by the performance of his team
and in the dressing room, he got into a fight with a fellow teammate and struck him with the stump, thereby
injuring him in the process. Babur claimed that he cannot be made liable as all the teammates have consented to
any injury caused and resulted during the match. Is his argument correct?
(a) No, there was no consent given by the teammates to withstand any harm incurred due to any physical
altercation and the consent is given only for harm caused due to acts which are part of the game.
(b) Yes, any altercation the subject matter of which is pertaining the sports in question will excuse Babur of any
liability and therefore his argument is correct.
(c) No, the altercation has occurred not within the stadium but inside the dressing room and therefore no
protection from liability can be ascribed to Babur and he would be liable for his acts.
(d) Yes, such altercations are a part of sportsman spirit and should be taken in the same sense as law does not
taken into account of trivial matters.
104. During the match, the roof of a part of the stadium collapsed which led to injuring a substantial number of
audience who came to watch the match. They decided to bring an action against the stadium authorities for not
maintaining the stadium in proper condition which led to such a casualty. To this, the stadium authorities pleaded
that the audience has consented to any such harm by entering the premises and therefore there would be no
liability on the stadium authorities. Is the argument by the authorities correct?
(a) Yes, there is no negligence that can be directly attributed to the stadium authorities and hence they would
not be liable for the injury sustained by the audience.
(b) No, there is no consent given by the audience present in the stadium for the harm caused due to the negligence
of the stadium authorities and hence stadium authorities can be made liable.
(c) Yes, implied consent has been given by the audience by entering the premises and using the facilities in the
stadium and hence they are required to take their own personal level of care and due diligence.
(d) No, once a person enters inside the premises of the stadium, the stadium authorities would be responsible for
any harm that the spectators might incur inside the stadium despite having consented implicitly to the same.
105. Due to the intense match and the subsequent loss of Pakistan, an enraged fan threw his gloves and the
autographed ball over to opponent team supporter and a fight ensued between them injuring both of them in the
process. Has the opponent team supporter consented impliedly to sustaining of harm by entering into the
premises?
(a) Yes, any reasonable person can reasonably foresee such altercation due to the high intensity drama involved
during the match of India-Pakistan and therefore the opponent team supporter impliedly consented to
sustaining of such harm.
(b) Yes, since both the supporters are lawful possessor of the stadium tickets both of them cannot be made liable
for the physical altercation as they were liable for contributory negligence.
(c) No, the consent has to be in a written format although such consent can be in the form of terms and conditions
printed at the backside of the ticket.
(d) No, there is no consent given by the opponent team supporter for such a harm caused due to any physical
altercation as it is not a part of the usual course of the match.
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charged under both the laws. Therefore option C is
SECTION – C: LEGAL REASONING the correct answer.
69. (b) The correct answer is B. In the 4th line of 3rd para in
66. (d) The correct answer is D. Anyone who read the text the passage states that “according to Section 52 of
accompanying the image would have recognised the DMA, anybody who makes a fraudulent claim
that it was fake and imagined, thus it cannot be for “any relief, assistance, repair, reconstruction, or
stated that the image Rohit disseminated was “likely other benefits” from any governmental authority can
to create fear or alarm.” With this in mind, option A face up to two years in prison and a fine”. After
cannot be the correct answer. Because option B is knowing about negative results he claimed for
unrelated to any legal provisions, it is merely based maintenance thus, option B is correct answer.
on moral opinion thus, it cannot be the correct Option A is incorrect as Mr. Kapoor sought
answer. It makes no difference to whom anything is compensation before his test results were available,
conveyed as long as it is likely to cause fear or panic; and it was later shown that he did not, in fact, have
also, sharing a picture on a WhatsApp group would the illness which he already knew. Given this, his
amount to ‘circulation,’ therefore C cannot be the compensation claim was bogus. While Mr.
correct answer. Kapoor’s concern over his results is natural, his
67. (b) The correct answer is B, Mr. Kapoor did, in fact, assertion was untrue; hence, option A cannot be the
impede government officials from executing their correct response. Option C and D are both irrelevant
duties. Mr. Kapoor had violated Section 51 of the to the question of whether Mr. Kapoor violated
DMA by refusing to open his door and provide a Section 52 of the DMA, and hence neither can be
sample to the medical personnel, who were merely the correct answer.
attempting to do their duty. Section 51 of the DMA 70. (a) The correct answer is A. The closing paragraph of
attempts to penalise anybody who obstructs a the passage plainly states that any “authority under
government official or employee, or any individual the DMA” has the jurisdiction to requisition
authorised by a DMA authority, from carrying out resources. Mr. kappor is not a authority under DMA
their activities; as such, whether Mr. Kapoor is a thus, option A stands correct. On the basis of this
government employee is immaterial, and as a result reasoning, option C cannot be the correct response.
of same option A is incorrect. Option D cannot be Option B is incorrect as there is nothing in the
the correct answer as because of Mr. Kapoor passage to imply that the ‘rescue’ must be limited to
government officials were unable to abide by the people and not commodities. Hence option B cannot
direction of DMA authority. Because option C is be the correct answer. Option D is unrelated to the
unrelated to the question as no such duty of a person question, no such information is given in the passage
having covid symptoms can be inferred from the so it cannot be the right response. Thus, option D is
passage unless sample is asked to be given to incorrect.
authorities. Thus, it cannot be the correct response. 71. (c) Option C is the correct answer here as, 3rd line of the
68. (c) The correct answer is C. According to the passage, 2nd para in the passage clearly states that a non-
anybody who disobeys the orders of a public official bailable offence means bail is granted to the accused
is punished under Section 188 of the IPC. Mr. at the discretion of the court, and not as a matter of
Kapoor had violated Section 188 of the IPC by right. Therefore, there is no absolute bar from
refusing to accept the directions of the medical obtaining a bail even in non-Bailable cases. Keeping
personnel and, indirectly, their superiors, all of this into mind, options A and B are incorrect. Option
whom are public officials. He had also violated D is incorrect as in non-bailable offence bail is not a
Section 51 of the DMA, by refusing to open his door matter of right but is granted to the accused at the
and provide a sample to the medical personnel, who discretion of the court.
were merely attempting to do their duty. With this 72. (b) Option B is the correct answer, as one of the
in mind, option D cannot be the correct answer. essential ingredients to prove a charge of abetment
While the statement in option A may be true, there to suicide is the intention of the accused to abet the
is nothing in the passage to support it, thus it cannot suicide. Multiple rulings of the Supreme Court,
be the right answer. Option B is incorrect since including a 2002 ruling in the case of ‘Sanjay Singh
Section 188 of the IPC punishes anybody who v State of Madhya Pradesh,’ have found that a
disobeys a public servant’s orders and is not speech or statement made in haste or fury does not
confined to the wrongdoings of a public servant. it constitute abetment of suicide. Keeping this into
has also been stated in the 1st para of the passage that mind on the basis of same reasoning options A and
the Home Ministry has stated that violators of the C are straight away eliminated. Hence stands
containment measures will face penalties under the incorrect. Option D is incorrect on being irrelevant
Disaster Management Act, 2005 (the “DMA”) as to the information provided in the passage. Though
well as Section 188 of the IPC. So, the use of term suicide is a personal choice but abetment of the same
“as well as” clearly specify that person can be constitutes the offence.
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73. (c) Option C is the correct answer here as, Abetment to about permission from the publisher to resell
Suicide is non-compoundable in nature which is copyright.
clearly stated in the 1st line of 2nd para in the passage 77. (b) Option B is correct as the name ‘Regal’ and ‘Regel’
as “Suicide abetment is a serious crime that is are very similar and the former is a well-known
prosecuted in a Sessions court and is cognizable, company which has obtained a trademark over the
non-bailable, and non-compoundable.” A non- name. It is evident that the names are confusing and
compoundable offence is one in which the both the companies deal with similar types of goods
complainant’s complaint cannot be withdrawn even and 3rd line of the 3rd para clearly states that
if the complainant and the accused have reached an trademark has to be unique, distinct, and capable of
agreement of compromise. As in present situation being represented graphically. Also, should be
charges are of abetment to suicide which is a non- capable of distinguishing the goods or services of
compoundable offence. Thus, cannot be withdrawn one person from those of others a brand can be
under law. On the basis of same reasoning options registered under the trademark law. Thus option B
A and B are incorrect. Option D is incorrect as stands correct. Option A is incorrect as the name
passage does not provide any information regarding ‘Regal’ and ‘Regel’ are very similar. Option C is
the person who can withdraw case. incorrect as Regal and Regel are very similar and
74. (b) Option B here is the correct answer. The last para of likely to be confused. Option D is incorrect as the
the passage sates that Furthermore, if the deceased reasoning is wrong. It is a trademark infringement
individual is judged to be extremely sensitive in as the names are very similar and likely to be
comparison to a reasonable person, the court has confused. Moreover, both the companies sell the
said that the accusation of abetment to suicide will same type of goods.
be reduced. Which means if the deceased person is 78. (b) Option B is correct as per last line of the passage
found to be very sensitive compared to a reasonable which states that in case of contract of service right
person, the court has said that the charge of to patent belongs to the employer. In the given case
abetment to suicide would weaken. However, this Z was hired by ZYZ Company explicitly to work in
does not mean that the accused will automatically be the research wing which is a contract of service.
acquitted in every case where the deceased has a This means any research or discovery done during
sensitive nature. On the basis of same reasoning the course of employment would be for and of the
options A and D are incorrect. Option C is incorrect company. Hence, option B is the correct. Option A
as the passage does not say anything about special is incorrect as a patent is an exclusive right granted
knowledge of the accused about the deceased for an invention, which is a product or a process that
person’s sensitivity. So, the answer cannot be option provides, in general, a new way of doing something,
C. or offers a new technical solution to a problem..
75. (d) Option D is the correct option as, 1st line of the 2nd Option C is incorrect as Z was hired by the company
para in the passage clearly states that abetment of to work for them, so any new discovery would be
suicide is a serious crime that is prosecuted in a for and of the company. Option D is incorrect as Z
Sessions court and is cognizable, non-bailable, and was hired in the wing which was researching on
non-compoundable. As it is tried in a Sessions court COVID 19 vaccine.
so Session Judge will be the presiding officer of the 79. (c) Option C is the correct answer as the 1st line of 4th
court hence option D is correct and other three para states that “A patent is an exclusive right
options i.e. A, B and Care eliminated. granted for a non-obvious invention”. Invention is
76. (b) Option B is correct answer. As per 3rd line of 2nd para something which never existed before so mere
in the passage the owner of copyright work can modification will not make a person eligible for an
generate wealth not only by exploiting it himself but innovation or modification on a previously available
also by sharing it with others for mutual benefits. product/instrument. A patent cannot be obtained for
This can be done by way of assignment or licensing a previously existing item. It must be new, non-
of copyright. So copyright gives the copyright obvious and useful. Hence, option c is the correct
holder the right to reproduce, license, to distribute answer. Information given in all the other options
copies or phonorecords of the copyrighted work. i.e. A, B and D is true as per 4th para of the passage.
Once the copyright of the book is sold to ZXY Thus options A, B and D on reason of being are
publishers A’s loses the right over the book as ZXY eliminated and hence stands incorrect.
retains the right to sell, distribute and publish the 80. (a) In the first case U series took the copyright from Y
book. Option A is incorrect as A willfully sold his as it is with respect to poem. X should obtain a
piece of work to the publishing company thus, he trademark for his new tagline. A should patent his
renounced his claim over the book. Afterwards he new invention. B should copyright his performance
cannot sell it to others. Option C is incorrect as the to not let others take undue advantage. Therefore,
reasoning is not in line with the passage as based on option A is the correct answer as shows the correct
the mere opinion rather than legal provisions. sequence. Options B, C and D are incorrect on basis
Option D is incorrect as the passage does not talk of incorrect sequence.
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81. (b) Option B is correct. The last line of the passage 86. (c) the passage talks about the inherent powers of High
clearly states that Court also held that granting a bail court w.r.t to section 482 of Cr.P.C.. In the present
is discretion of court. Hence there is no obligation facts, the conviction was made by a district court of
on the court to entertain X’s petition. The Delhi high Allahabad and not High court of Allahabad. Hence
court’s decision to dismiss the petition of X is not there was no power with the court per se to quash
violative of the Supreme Court ruling given in the the criminal proceedings making C the correct
passage since the rule was just for the Rajasthan option and rest incorrect. As a result of which option
High court disapproving the blanked orders given by A, B and D are incorrect as power to quash criminal
the single judge of Rajasthan High court. Moreover, proceedings in exercise of its inherent powers is
the Supreme Court has never said that the with high court not district court.
applications cannot be dismissed. Hence the correct 87. (d) in the previous question the court exceeded its
option is B. A& C is vague because it is giving out power by quashing the criminal proceeding because
vague advices. D is also incorrect since the it was a district court and not High court but, in this
explanation therein is not in the lines of the passage case, the case was being heard by Delhi High court
as passage does not clarify about this section. . and it seems that it well within its power to quash
82. (d) even if the petition is filed in the Rajasthan high the proceedings, but there is a catch to it, as per the
court, the dismissal will not be violative of the passage only criminal proceedings of non-heinous
Supreme Court ruling. The Supreme Court has crimes can be quashed but, in this case, it was
never said that a petition cannot be dismissed, murder which is heinous and not at all private in
moreover the very fact that a petition has been nature. Since our answer is not changing the options
dismissed implies that it was heard by the court in with ‘no’ will be considered i.e., B & D and A & C
the first place. Since our answer from the previous will be eliminated straightaway. Between B & D, D
question is not changing, the options with ‘yes’ i.e., is incorrect because it states that both the courts have
A & C are straightaway eliminated. Between B & D, the power which is untrue giving us D as the correct
D is the correct answer due to correct explanation answer.
because option B states petition is against the 88. (b) As per the passage, the case can be quashed once the
Supreme Court ruling which is not the case. parties have reached at a compromise (provided that
83. (b) The passage has dealt with the right of accused to the crime is private in nature). Here, the content was
file a bail application. However, the current fact defamatory, which was clearly affecting Veeru as an
scenario deals with the request to quash the trials. individual. There was no grievous injury to Veeru,
This is not mentioned in the passage, both explicitly and hence the case can be quashed. This negates
and implicitly. This makes Option B correct. Option Option C in the first go as name of court is not given
A is incorrect, since the passage deals with bail in the question. Option D is incorrect, since court’s
application as a fundamental right, and nothing else. power is not sufficient on a standalone basis to
Option C & D are inconsistent with the passage per quash the case. Between Option A and B, the latter
se. is more elaborative, which makes it a better choice.
84. (b) As per the passage, a court cannot restrict an 89. (a) option A is correct. As per the passage, the offence
accused from filing a bail application. However, it shall not be grievous in nature, for it being eligible
has full discretion over the fact that whether it shall for getting quashed. However, the modified facts
allow the bail or not as has been mentioned in the make it clear that the offence was grave in nature
last line of the passage, which clearly states that (murder). Hence, the case cannot be quashed even
Court also held that granting a bail is discretion of after the parties have reached a compromise. This
court on basis of merit of the case. Hence, Option B makes Option A correct. Option B is negated, since
is correct. Option A is wrong, since filing of bail the offence is grave in nature i.e. it is a heinous
application is a fundamental right. Option C & D are offence. Option C is irrelevant as is not based on any
out of the scope of this passage as nothing od such legal principle and Option D is too broad to be relied
sort is mentioned in passage and is not based on any upon as no such information is provided in the
legal reasoning. passage.
85. (a) Option A is exactly what the passage talks about 90. (d) Option A, B, and C involve crimes which are private
which is clear from the 1st para of the passage which in nature and are not heinous. On the other hand,
states “the Supreme Court has observed that the Option D involves the act of smuggling drugs,
right to apply for bail is an individual right implicit which is not a private offence and is a serious one.
in Articles 14, 19 and 21 of the Constitution.”. As per the passage, the offence shall not be grave or
Option B is incorrect andcannot be concluded from serious, for the courts to quash the case. This makes
the passage. As a general rule, the order by Supreme Option D correct.
Court will be applicable to all the states. Option C is 91. (b) option B is correct as there is no consideration given
incorrect as right of accused is not mentioned in the to X in the given case. Moreover, the facts do not
passage. Option D is incorrect, because the right indicate natural love and affection between the
relates to the bail application, not bail per se. parties hence the agreement will be void, making B
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the correct option and eliminating A. C is also of private defence. Option (a) is incorrect because
incorrect with the same reasoning and D is vague as the factual matrix is not based or questions the
no such information about order VI of code of civil presence or absence of the state machinery to
procedure is applicable in present case thus, stands influence the exercise the right of private defence
incorrect. which in the present circumstances would even not
92. (a) option A is correct as even if there was love and be ample to answer the question. Option (c) is
affection between both X & Y at the time of creation incorrect as has already been pointed that the threat
of the agreement, but as per passage “if a document should be immediate and in the present case the
is registered on account of natural love and affection danger was not apparent enough to cause a
between the parties standing in a near relation to reasonable apprehension of any danger. Option (d)
each other, then such an agreement is not void” in is incorrect as the question doesn’t pertain to the
present situation facts does not disclose that a proportionality of the threat but rather such a right
document is registered thus contract is void as does was even exercisable in the present scenario or not.
not fulfil requirement of section 25. Asthe 96. (d) Correct answer is Option (d) as despite the fact of
agreement will be void which was also the correct the alleged incident of assault against the lady there
answer in the previous question. Hence the options was no apparent/ immediate threat on Shweta in the
with ‘yes’ i.e., B & C are straightaway eliminated present scenario to entitle her to exercise the right to
and between A & D, A is correct due to correct private defence. What has to be kept in mind is that
explanation of agreement is void. although the right to private defence is exercisable
93. (b) option B is correct. As per the 2nd line of the last para for the protection of not only the person of oneself
in the passage states that in all cases in which the but can also be exercised for the protection of the
party pleading relies on any misrepresentation, person of any other person, however such threat
fraud, or undue influence shall state in the pleadings must be imminent and commences when there is a
the particulars with dates and items in the pleadings. reasonable apprehension of harm. However, as has
The extract from the written statement or the plaint been pointed out for the previous question there was
does not show that there is any pleading of no reasonable apprehension of harm and the past
misrepresentation or fraud. If party relaying on incidents (assaulting another lady) would not
certain pleadings if not raised initially cannot be influence the exercise of the right to private defence
raised further in a suit". , In the present situation in another instance as long as the threat is not real
Minie did not file pleadings regarding deceiving so thus Option (d) is correct. on the basis of same
cannot be raised further in the suit.. Hence, Option reasoning Option (c) would be incorrect too. Option
B is correct. Option A is wrong, since it goes against (a) is incorrect on the same grounds as the
the passage. Option C & D are incorrect, since the precedents would not affect the right to private
same is not relevant as per the passage. defence. Option (b) is incorrect because it fails to
94. (d) option D is the correct answer. As per the passage, a answer the question in hand on the availability of the
close relationship is an important criterion to be right of private defence rather provides for recourses
fulfilled, along with the presence of natural or ideal set of action.
love/affection. Although the above examples can be 97. (a) Correct answer is Option (a) as the right of private
considered for natural love but all facts are not defence can be used to protect the person of not only
enough to establish the affection, none of them oneself but also others in order to tackle any
qualifies under the header of close relationship. impending threat or harm and hence Ms. Sunaina
Hence, Option D is the correct answer, as it is not can claim the said defence despite the fact the robber
possible to choose any single option, as a result of was trying to rob another person (old lady) and not
which options A, B and C are incorrect. the person exercising it. Option (b) is incorrect as
95. (b) Correct answer is Option (b) as there was no the attack by Sunaina involved the usage of a cane
immediate threat or danger to Shweta to entitle her which in terms of the gun would be a proportionate
to exercise the right to private defence and hence she way to ward off the threat and hence although the
cannot claim the defence. It is to be noted that the attack resulted in serious harm to the perpetrator the
right to private defence commences as soon as attack cannot be said to be disproportionate. Option
reasonable apprehension of danger to the body (c) is incorrect as it has already been pointed out the
arises and the person is faced with danger which is exercise of the right to private defence is not limited
so imminent that recourse to the public authorities to the protection of oneself or his/ her property but
cannot be taken. In the instant case, it is apparent also extends to others, hence, it would be immaterial
that the conduct of Shweta was motivated to teach whether there was a likelihood of the attack being
the stranger a lesson and as he was located at some later directed to Sunaina. Option (d) is incorrect as
distance, she threw a pebble at him. This is a clear the statement is contrary to the passage itself.
indication that no real threat or danger was there so 98. (b) Correct answer is Option (b) as the threat was
as to reasonably apprehend the commission of an immediate and the police headquarters cannot he
offence. Therefore, she was not entitled to the right said to be situated at a place to provide instant
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resolve to the present crisis and hence the right to question pertains to the efficacy of the right to
private defence would still be available to Sunaina. private defence after the act led to the death of the
The motive behind the bar on exercising the right to perpetrator and not on shifting liabilities.
private defence when the state machinery is 101. (c) Correct answer is Option (c) as Manoj has implicitly
available as they would be able to deal with the consented to any such harm which occurred during
situation rather than the public taking law in their the match including the injury sustained by him
own hands. However, in cases where the threat is during the match by buying the tickets of the
impending, it would be irrational to suggest stadium. The passage has provided in what
approaching the authorities to deal with the situation circumstances can the liability of the defendant (in
which would during that duration would have this case Babur) would be excused/ mitigated. Now,
already been committed. Option (a) is incorrect as one such scenario is when the plaintiff i.e. Manoj in
on the same grounds as the immediate relief or the instant case has consented to the harm. In the
resolve couldn’t have been obtained from the state present case, it is evident that the harm is caused in
machinery in this case. Option (c) is incorrect as the the normal course of scenario without eliciting from
statement is ill-reasoned and provides for a remote any negligence or fault of any party which could
possibility. Option (d) is incorrect as although the have been diverted with sufficient caution and due
statement provides for a fact but it is immaterial to diligence and therefore such a harm can reasonably
answer the present scenario. be expected to have been consented to by Manoj and
99. (b) Correct answer is Option (b) as the old lady was therefore Babur cannot be made liable for the shot.
unaware of the fact whether the gun was a Option (a) is incorrect because there could not be
counterfeit or not and hence the threat or harm that ascertained that there was any absence of due care
may have been caused to her or her property were and diligence or professional misconduct was there
immediate for her and this entitling her to the right which could have been reasonably avoided with
to private defence. As the old lady was unaware of sufficient care. Option (b) is incorrect as although it
the authenticity of the gun, the threat for her would is true that no consent has been given for any
be real to create the apprehension of the committing negligent act, but the act which caused the harm is
of an offence. Thus, entitling her to the right of not negligent itself and therefore the option is
private defence. This falsifies Option (a) as the incorrect. Option (d) is incorrect due to reasons
threat was real from the perspective of the old lady stated above as it cannot be deduced that there was
who thought the gun to be real and acted any lack of care on the part of Babur.
accordingly. Option (c) is incorrect as the question 102. (b) Correct answer is Option (b) as there was no false
doesn’t pertain or revolves on the state machinery pretenses by the stadium authorities as their promise
being at perusal but rather proportionality of the was based on factual accuracy and Manoj has
action when posed with the threat of an unknown consented to the harm caused during the match. The
degree. Option (d) is incorrect due to the fact that argument on the basis of which Manoj is invoking
the lady was unaware of the genuineness of the gun the liability of stadium authorities are the alleged
and her actions were proportionate from the false pretenses by them for selling the ticket.
perspective of a reasonable man to exercise the right However, it is to be noted that there have not been
to private defence. any such incidents of harm in the past as the ‘history
100. (d) Correct answer is Option (d) as since the harm was changed’ with Manoj getting stuck with the ball this
done keeping the fact that the gun was real and time. Thus, the consent given by Manoj will be valid
hence the likely outcome of his death was not one excusing the stadium authorities. Option (a) is
intended or caused due to the direct conduct of the incorrect on the same grounds as there was no false
old lady. The act of the old lady was influenced on pretenses by the stadium authorities themselves.
the premise that the gun was real and an offence is Option (c) is incorrect as the question is regarding
likely to be committed against her and hence she the liability of the stadium authorities and not of
acted in the manner as provided. From the Babur in the instant question and therefore the
perspective of a reasonable person, it becomes option doesn’t answer the question itself. Option (d)
justified to exercise such modes in order to evade is incorrect as it would be incorrect to say that no
any impending threat. Option (a) is incorrect as the liability can be attributed to anyone as certain
proportionality has to be seen from the perspective exceptions have already been carved out in the
of the object used to ward off the threat and whether passage itself and therefore the option would be
it was disproportionately used or not. In this case, incorrect.
the act was proportionate enough however the death 103. (a) Correct answer is Option (a) as there was no consent
was also the result of the delay in providing timely given by the teammates to withstand any harm
medical assistance. Option (c) would be incorrect on incurred due to any physical altercation and the
the same grounds because death was not the consent is given only for harm caused due to acts
outcome of her exercising the right to private which are part of the game. Kindly note that the
defence and lastly Option (b) is incorrect as the operative term in the passage is the participation in
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the defendant’s conduct. However, no team player deduced from the passage. Option (a) is incorrect as
has consented to partake or consent to the harm such an altercation can not be ascertained by any
caused by any other player which is outside the reasonable person but is also not consented to due to
match and is a result of physical altercation. similar reasons. Option (b) is incorrect because the
Therefore, Babur cannot be excused from the question of contributory negligence has not been
liability on the premise of implied consent and under discussion according to the present factual
would thus be liable. Option (b) is incorrect because matrix but the question pertains about whether a
any altercation cannot be called to be a part of the consent has been given to succumb the harm caused
sports itself as the plaintiff (in this case the during the match due to physical altercation, which
teammate), has not consented to such a behaviour of due to reasons stated above is in negative. Option (c)
the teammate so as to mitigate the liability and is incorrect as the passage has clearly provided that
therefore the option is incorrect. Option (c) is consent can also be implied and thus the need for
incorrect as the option fails to draw any logical consent to be in written form is incorrect.
conclusion between the passage and the factual
matrix in hand as despite the fact that if the fight SECTION - D : LOGICAL REASONING
occurred within the stadium, would Babur be
exempted from liability due to implied consent. 106. (a) The correct answer is A. The author in the passage
Option (d) is incorrect as it fails to draw any logical is primarily concerned with the fact that the bill was
and legal explanation to justify the situation in hand. passed without any debate or discussion. It is
104. (b) Correct answer is Option (b) as, there is no consent important to understand that the author in the
given by the audience present in the stadium for the passage does not consider the bill to be progressive
harm caused due to the negligence of the stadium or carrying any positive provisions at all and hence,
authorities and hence stadium authorities can be both Options B and C are incorrect. Option D is
made liable. Kindly note that the operative term in incorrect since it is only one of the supporting ideas
the passage is the participation in the defendant’s of the passage and cannot be considered as the main
conduct. The defendant in the present case, being idea of the passage due to its limited scope.
the stadium authorities, there was no participation or 107. (a) The correct answer is A. The author is not satisfied
consent of any such participation where there is an with the response of the Law Minister. This option
agreement between the parties to endure any loss or provides strength to his argument that the response
harm due to the conduct of the other party and hence of the Law Minister is not enough. Both Options B
the stadium authorities can be made liable. Option and C are incorrect since they weaken the author’s
(a) is incorrect as the question is not only restricted position. Option D is incorrect by virtue of options
to the negligence (whether apparent or not) of the B and C being incorrect.
stadium authorities but whether a consent has been 108. (d) The correct answer is D. The author feels that the
given by the audience members for all the harm bill can lead to a situation where Electoral
caused during the match/ inside the stadium or not, registration officers can demand the Aadhaar
the categorical answer to which would be in number of those who seek a voter ID and even of
negative. Option (c) is incorrect as consent is those who already have the card. Therefore, he feels
effective only till the time it signifies participation that the line between mandatory and voluntary
in the defendant’s conduct and in the absence of linking may be breached. Option A is incorrect since
such a consent no such benefit can be provided to the author in the last paragraph criticizes the bill on
the perpetrator. Option (d) is incorrect because it the basis of previous SC judgements. Option B is
would be incorrect to state that once a person enters incorrect since the author is not concerned about the
the premises, s/he waives all protection against harm right to property in this case. Option C is incorrect
for having consented to such harm due to the since it cannot be answered with the use of
operative parts stated above along with other information in the given passage.
exceptions where the consent cannot be treated as 109. (b) The correct answer is B. The author in the entire
valid. passage talks about the concerns related to the
105. (d) Correct answer is Option (d) as there is no consent electoral bill. However, this option presents a
given by the opponent team supporter for such a positive side of the bill and hence weakens the
harm caused due to any physical altercation as it is author’s argument. Option A may seem close
not a part of the usual course of the match. As has however, the author never denies that reforms in the
already been pointed out that in order for the defence electoral matters of India were overdue. Option C is
of consent being available, such a consent has to be incorrect since it in fact strengthens the author’s
for the defendant’s conduct. However, by buying the arguments. Option D strengthens the author’s
ticket of a stadium a person doesn’t consents to the argument.
harm which might be endured to physical altercation 110. (a) The correct answer is A. This option must be true
between the spectators themselves and hence no for the author’s argument to hold. If this was
consent whether expressed or implied can be incorrect, the author would not have criticized the
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