Exam Instructions and Guidelines

Exam Instructions & Information

• The exam is two hours long.
• The question booklet contains 64 pages.
• There are 100 multiple-choice questions
• The maximum marks achievable are 200.
• All questions are compulsory.
• In the first 5 minutes, examine the booklet for any errors like missing pages, duplicate questions, or serial order issues.
• If errors are found, request a replacement from the invigilator within 5 minutes.
• The booklet will not be replaced, and extra time will not be given after the 5 minutes period.
• The test booklet number and OMR sheet number should be entered on both documents.
• Each question has four alternative responses marked (1), (2), (3), and (4).
• Darken the appropriate circle on the OMR sheet corresponding to the correct response
• Responses marked elsewhere besides the OMR sheet circles will not be evaluated.
• Rough work has to be done at the end of the booklet.
• Do not write your name, roll number, or phone number, or put any identifying marks on the OMR sheet.
• The original OMR sheet must be returned to the invigilators at the end of the examination.
• Only use a Blue/Black ballpoint pen.
• Calculators or log tables are prohibited.
• There are no negative marks for incorrect answers.
• In case of discrepancies between the English and Hindi versions, the English version will be considered final.

Article 13 of the Constitution of India

• The definition of law does not include usage having no force of law.

Martial Law under Constitution

• Article 34 uses the term 'martial law'

Disqualification of a Member of Parliament

• A person is disqualified from being chosen as or being a member of Parliament if they hold an office of profit under the Government.
• Pecuniary gain receivable in connection with an office, irrespective of whether such gains are actually promised, does not make it an office of profit.

Presidential Election & Vice President

• The election of the President follows a system of proportional representation via single non-transferable vote, however, the statement is incorrect.
• The President can resign by writing to the Chief Justice of India, but this statement is incorrect.
• A resolution to remove the Vice-President requires at least 30 days notice.
• The Vice-President continues in office until their successor takes over.

Important Cases & Related Subjects

• K.M. Nanawati Vs. State of Bombay relates to Power to pardon.
• Ram Prasad Vs. State of U.P. relates to Right to life.
• Lily Thomas Vs. Union of India relates to Disqualification of Members.
• Dr. P. Naller Thampy Terah v. Union of India relates to Fundamental Duties.

Basic Structure Theory

• The case of T.K. Rangarajan Vs. Government of Tamil Nadu is not related to the 'Theory of basic structure' under Article 368 of the Constitution.

Financial Emergency

• A declaration of financial emergency ceases to operate after one month unless approved by both Houses of Parliament.
• During a financial emergency, salaries and allowances of state personnel can be reduced.
• A financial emergency may be revoked or varied by a subsequent presidential proclamation.
• Salaries and allowances of Supreme Court and High Court judges may be reduced during a financial emergency.

Bills in State Council

• A bill pending in the House of the people does not lapse if the house is prorogued
• A bill in the council of states that has not been passed by the House of the people shall not lapse on a dissolution of the House of the people
• A bill pending in the House of people shall lapse by reason of the dissolution of the House.

Parliament Power to Legislate

• Parliament does not have the power to legislate on the state list with the consent of two states

Union of India Cases

• Union of India Vs. Sankalchand Seth refers to Appointment/Transfer of Judges.
• Leila David Vs. State of Maharashtra refers toForeign Precedent.
• B.S.E.S. Ltd. Vs. Fenner India Ltd. refers to Power to punish for contempt.
• Darsan Gupta Vs. Radhika Gupta refers to Power to do complete justice.

Parliamentary Privileges

• The case of State of Tamil Nadu Vs. K. Shyam Sunder is not related to the Parliamentary privileges.

Citizen Duties

• It is the duty of every citizen to respect the country and constitution.
• All minorities have the right to establish and administer educational institutions.
• The state should preserve and improve breeds, and prohibit the slaughter of cows, calves, and other milch and draught cattle.
• No law enacted by the legislature of Jammu and Kashmir can be voided for inconsistency with rights conferred on other Indian citizens.

Jurists & Jurisprudence

• John Austin distinguished between 'expositorial' jurisprudence (What the law is) and 'Censorial' jurisprudence (What the law ought to be).
• The observation that natural law is not absolute but relative, with variable contents, specifically relates to Dabin.

Hart's Positivism

• Professor Hart's meaning of 'Positivism' includes that laws are commands.
• The analysis of legal concepts is distinct from sociological and historical inquiries.
• Moral judgments cannot be established or defended by rational argument, evidence or proof.
• The law as it is has to be kept separate from the law that ought to be.

Legal & Social Theory

• Theory of social solidarity is associated with Ehrlich
• Theory of categorical Imperative is associated with Duguit
• Imperative Theory of Law is associated with John Austin
• Theory of Living Law is associated with Emanual Kant

Growth of Law

• 'The Growth of the Law' is by Gray.
• 'Foundations of Jurisprudence' is by R. Dworkin.
• 'The Nature and Sources of Law' is by Cardozo.
• 'Taking Rights Seriously' is by Jerome Hall.

Theories of Legal Right

• The two main theories of legal rights are Interest Theory and Will Theory.

Corporate Personality

• Realistic Theory is not a theory relating to corporate personality.

Corelatives

• claim correlates with No claim.
• Liberty correlates with Disability.
• Power with Duty.
• Immunity with Liability.

Shop Possession

• If 'X', a servant, finds a bag at the basement of the shop and hands it over to ‘Y', the owner of the shop, who asks him to place it in the almirah, then bag is in possession of 'Y', because in him there was corpus and animus.

Law & Justice

• Laws are valid only if they are just, while the aim of law is to secure justice.

Judges & Precedents

• Judges must follow authoritative precedents.
• Authoritative precedents derive their authority from basic postulates of the legal system itself.

Views on Law

• Hobbes, Austin, and Pufendorf view law as the command of the sovereign enforced by a superior political authority, denying legal character to international law.
• Oppenheim considers international law the vanishing point of Jurisprudence.
• Holland believes international law is really law.
• Starke views international law as a “Weak law".

Theories on International Law

• 'Triepel' and ‘Anzilloti' are proponents of the Dualism theory of Relationship between International law and Municipal law.
• Kelson is one of the Chief Exponents of ‘Constitutive Theory' of Recognition.

United Nations Security Council

• United Nations Charter says that the Security Council is one of the Principal organs of the United Nations.
• The First Security Council came into being on 12th January, 1946.
• The security council was decided at Dumharton proposals, .
• Ten non-permanent members of the Security Council are elected by the General Assembly

Court of Justice

• Law applied by court of Justice is in Article 41
• The binding force of the decision of International Court of Justice is in Article 62
• Interim Measures or Relief is in Article 38
• International court's power to allow a state to intervene, in case to which it is not a party is in Article 59

Modes & Provisions

• Cession is related to Acquisition of Nationality
• Reprisal is related to Coercive means of settlement of International Disputes
• Good offices is related to Pacific means of settlement of International Disputes
• Substitution is related to Loss of Nationality.

UN Charter

• Article 10 confers upon the General Assembly deliberative functions except those matters being considered by the Security Council.
• Resolutions/declarations of the General Assembly are not binding.

International Court of Justice

• All members of the UN are members of the statute of the International Court of Justice.

International State Behaviour

• When a state behaves discourteously with another, international law allows the affected state to resort to ‘retorsion', meaning retaliation.
• If international disputes are unresolved peacefully, states may use compulsive or coercive means.

UN Commission on Human Rights

• The 'U.N. Commission on Human Rights' was established in 1946 by the General Assembly.

Hindu Law

• Under Hindu law, the persons descended from a common ancestor but by different wives, are known as No Blood Relations

Agnate

• Agnate is what was heard
• Shruti is Related wholly through males
• Cognate is what has been remembered
• Smriti is Related not wholly through males

Hindu marriage act 1955 (S5)

• If there is a violation of S5 , then the marriage is void and punishable

Muslim Divorce

• Under sec. 2 of the Dissolution of Muslim Marriages Act 1939, the grounds that entitles a wife are husband missing, husband in prison, husband having cruelty towards her, or the failure to pay wife maintenaince for a period of two years

Hindu child adoption

• the father or mother as per the Guardian Adoptions Maintenance ACT 1956 has all the capacity to give in in adoption

Adoption Rights & Maintenance

• Sec.18 relates to Maintenance of dependants
• Sec.19 relates to Amount of maintenance
• Sec.22 relates to Maintenance of wife
• Sec.23 relates to Maintenance of widowed daughter-in law

Marriage Rules

• All citizens of India belonging to various religions should be made be registrable in their respective states, stated supreme court in "Sarla Mudgil v/s Union of India"

Muta marriage

• m is a temporary marriage and is a recognized marriage under Shia Law

Hindu Marriage Act

• Alternative Relief in divorce proceedings is Section 14
• Restitution of conjugal Rights is Section 13 - A
• Judicial separation is Section 9
• petition for divorce within one year of marriage is Section 10

contract

• A proposal may be revoked before the communication of its acceptance is complete as against the proposer, but not afterwards. That is dealt under Section 5 if the IContrat Act or 1872

Consideration

• a price for any promise and has something for value by the eye of the law

Contract Law

-Mohori Bibee Vs Dharmodas Ghose , the privy council had said that every contract without consideration is void, and incorrect statements are (c and d)

Contrat Theory and lit gunpowder

Acceptance is to offer what a lighted match is to a train of gunpowder is true

Factum

• defence of 'non est factum", can be claimed by someone making a mistake as to contract as a whole

Fraud

• A promise not kept is outwith the terms of it.

Contract law

• Only when the contracting parties express the special circumstance will be specifically awarded for breach of the contact or only at the time the party committing breach of the formation of the contract

laws

• Tort is a civil wrong-doing that results in a civil cause of action at common law

Samira vs Kohli

• A is Plaintiff an A doing wrong to others . Sodan vs Singh - Leave and license Holbrook - Act of gold vs Hemananad - Necessity

Negligence

• the defence of fair is the expression of a fact instead if and opinion
• Absolute: privilege the statement made within houses of parliament . -it's ok to not be. mathematical accurate
• consent - the painiff have consented to the publication of defamatory words by defendant

"remoesness of damage"

• Scott Shepherd has "remote ness of damage, Polmis

Physical discomfort

• Obstuiction of light is NOT what causes physical discomfort

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Tort and Defamation

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