code: llm/clatalogue/ws4 · 2020. 4. 22. · indra sawhney v. uoi; 1992 supp (3) scc 217. c. a.k...
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CLATapult™
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LLM/CLATalogue/WS4
1. Freedom of speech and expression conferred
on him by article 19 (1) (a) of the Constitution
and he challenges the validity of section 9 (1-A)
of the impugned Act as being void under article
13 (1) of the Constitution by reason of its being
inconsistent with his fundamental right
aforesaid. The Advocate-General of Madras
appearing on behalf of the respondents raised a
preliminary objection, not indeed to the
jurisdiction of this Court to entertain the
application under article 32, but to the petitioner
resorting to this Court directly for such relief in
the first instance. He contended that, as a matter
of orderly procedure, the petitioner should first
resort to the High Court at Madras which
under article 226 of the Constitution has
concurrent jurisdiction to deal with the matter.
He cited criminal revision petitions under
section 435 of the Criminal Procedure Code,
applications for bail and applications for transfer
under section 24 of the Civil Procedure Code as
instances where, concurrent jurisdiction having
been given in certain matters to the High Court
and the Court of a lower grade, a rule of practice
has been established that a party should proceed
first to the latter Court for relief before resorting
to the High Court. He referred to Emperor v.
Bisheswar Prasad Sinha where such a rule of
practice was enforced in a criminal revision
case, and called our attention also to certain
American decisions Urquhart v. Brown and
Hooney v. Kolohan as showing that the
Supreme Court of the United States ordinarily
required that whatever judicial remedies
remained open to the applicant in Federal and
State Courts should be exhausted before the
remedy in the Supreme Court---be it habeas
corpus or certiorari-- would be allowed. We are
of opinion that neither the instances mentioned
by the learned Advocate General nor the
American decisions referred to by him are really
analogous to the remedy afforded by article
32 of the Indian Constitution. That article does
not merely confer power on this Court, as article
226 does on the (1) I.L.R. 56 All. 158. (2) 205
U. S. 179. (3) 294 U.S. 103.
Q1. The above excerpt is from which
judgment?
a. Romesh Thappar v. State of Madras; 1950
AIR 124
b. Indra Sawhney v. UOI; 1992 Supp (3) SCC
217.
c. A.K Gopalan v UOI; 1950 AIR 27
d. None of the above
Q2. Who among the following was not a part
of the bench in the above judgment?
a. Hon'ble Justice Fazal Ali (Retd.)
b. Hon'ble Justice Kania (Retd.)
c. Hon'ble Justice M. Patanjali Mahajan
(Retd.)
d. Hon'ble Justice Chandrachud (Retd.)
Q3. Who among the following judges gave the
dissenting opinon?
a. Hon'ble Justice Fazal Ali (Retd.)
b. Hon'ble Justice Kania (Retd.)
c. Hon'ble Justice M. Patanjali Mahajan
(Retd.)
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d. Hon'ble Justice Sudhi Ranjan Mukherjea
(Retd.)
Q4. Constitutionality of which statue was
called into question in the above referred
judgment?
a. Prohibition of forcible Conversion of
Religion Ordinance.
b. Madras Maintenance of Public Order Act,
1949
c. Madras Temple Entry Authorization Act,
1965
d. Tamil Nadu Clinical Establishment Act,
1997
Q5. Which one of the following is the
dissenting opinion of the judgment?
a. Restrictions which s. 9(1-A) authorized are
within the provisions of cl. (2) of art. 19 of
the Constitution and s. 9 (1-A)is not
therefore unconstitutional or void.
b. Apart from libel, slander etc. unless a law
restricting freedom of speech and expression
is directed solely against the undermining of
the security of the State or the overthrow of
it, such law cannot fall within the
reservation under cl. (2) of art. 19 of the
Constitution
c. Freedom of speech and expression includes
freedom propagation of ideas and that
freedom is ensured by the freedom of
circulation.
d. None of the above
The fundamental rights in Part III of the
Constitution represent the basic values
cherished by the people of this country
since the Vedic times and they are
calculated to protect the dignity of the
individual and create conditions in which
every human being can develop his
personality to the fullest extent. But these
freedoms are not and cannot be absolute, for
absolute and unrestricted freedom of one
may be destructive of the freedom of
another. In a well ordered civilized
society, freedom can only be regulated
freedom. It is obvious that Article 21
though couched in negative language
confers fundamental right to life and
personal liberty. The question that
arise for consideration on the language of
Art. 21 is as to what is the meaning and
content of the words .personal liberty' as
used in this Article. In A. K. Gopalan's
case a narrow interpretation was placed on
the words 'personal liberty.' But there was
no definite pronouncement made on this
point.
Since the question before the court was not
so much the interpretation of the words
'personal liberty' as the interrelation
between Arts. 19 and 21. [667 G-H, 668 D-
E, G, H, 669 A] interpretation of the words
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'personal liberty' as the interrelation
between Arts. 19 and 21. [667 G-H, 668 D-
E, G, H, 669 A]
Q6. The above excerpt is from which
judgment?
a. Maneka Gandhi v. UOI, AIR 1978 597
b. Kharak Singh v. State of UP and ors., AIR
1963 1295
c. R.C Cooper v. UOI, [1973] 3 SCR 530
d. None of the above
Q7. Who among the following was not a part
of the bench in the referred judgment?
a. Hon'ble Justice Hameedulla Beg (Retd)
b. Hon'ble Justice Y.V Chandrachud (Retd)
c. Hon'ble Justice P.N Bhagwati (Retd)
d. None of the above
Q8. The Passport Act of 1967 was ennacted after
which case?
a. Maneka Gandhi v. UOI, AIR 1978 597
b. Satwant Singh Sawheny v. D. Ramarathan,
(1967) 3 S.C.R 525
c. A.K. Gopalan v. State of Madras,A.I.R.
1950 S.C. 27.
d. None of the above
Q9. Which judgment was over ruled by this
judgment with regard to the nexus between
Article 14, 19 and 21?
a. Kharak Singh v. State of UP and ors., AIR
1963 1295
b. R.C Cooper v. UOI, [1973] 3 SCR 530
c. A.K. Gopalan v. State of Madras,A.I.R.
1950 S.C. 27.
d. Maneka Gandhi v. UOI, AIR 1978 597
Q10. Which of the followings points held in
the above referred case is not correct?
a. The court held that the scope of “personal
liberty” is not be construed in narrow and
stricter sense. The court said that personal
liberty has to be understood in the broader
and liberal sense. Therefore, Article 21 was
given an expansive interpretation. The court
obligated the future courts to expand the
horizons of Article 21 to cover all the
Fundamental Rights and avoid construing it
in narrower sense.
b. The right to travel abroad as held in Satwant
Singh is within the scope of guarantees
mentioned under Article 21.
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c. The court while delivering this landmark
judgment changed the landscape of the
Constitution by holding that though the
phrase used in Article 21 is “due process”
instead of “procedure established by law ”
however, the procedure must be free from
arbitrariness and irrationality.
d. Even though the Constitution makers must
be respected, but they never intended to
plant such a self – destructive bomb in the
heart if the Constitution. They were never of
the mind that the procedure need not
necessarily be reasonable, just and fair. They
drafted this Constitution for the protection of
the “people of India” and such interpretation
of Article 21 will be counter-productive to
the protection offered by the Constitution.
A. Under copyright law, a work is
considered original if the author created
it from independent thinking void of
duplication. This type of work is known
as an Original Work of Authorship
(OWA). Anyone with an original work of
authorship automatically has the
copyright to that work, preventing
anyone else from using or replicating it.
The copyright can be registered
voluntarily by the original owner if they
would like to get an upper hand in the
legal system in the event that the need
arises.
Q11. "The expression "literary work"
means not only such work which deals
with any particular aspect of literature in
prose and poetry but also indicates work
which is literature i.e. anything in writing
which could be said to come within the
ambit of the literary work." - was held in
which case:
a. Time Warner
Entertainment Company,
L.P and Others v. RPG
Netcom, 2007 (34) PTC
688 (Del) (DB)
b. Camlin Private Limited v.
National Pencil
Industries, 2002 (24) PTC
349 Del (DB).
c. Shyam Lal v. Gaya
Prasad, AIR 1971 All
192.
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d. None of the above
Q12. Which of the following comes within
the meaning of the term author as per
section 2(d) of the Copyright Act, 1957
(hereinafter referred to as the Act)
a. In relation to a literary or
dramatic work, the author
of the work;
b. In relation to a musical
work, the composer.
c. In relation to any literary,
dramatic, musical or
artistic work which is
computer-generated, the
person who causes the
work to be created.
d. All of the above.
Q13. Which of the following does not
come under the definition of 'Government
Work' as per section 2(k) the Act?
a. The government or any
department of the
government.
b. All or any State
Government.
c. Any court, tribunal or
other judicial authority in
India
d. Any legislature in India.
Q14. When will certain disputes be
referred t the Copyright Board:
a. When there are disputes
regarding the fact that
whether the work has
been published or as to
the date on which a work
was published for the
purposes of Chapter V,
b. whether the term of
copyright for any work is
shorter in any other
country than that
provided in respect of that
work under this Act,
c. Any actionable claims
against a registered copy
right.
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d. None of the above
B. The Government of India Act 1919 was
an act of the British Parliament that
sought to increase the participation of
Indians in the administration of their
country. The act was based on the
recommendations of a report by Edwin
Montagu, the then Secretary of State for
India, and Lord Chelmsford, India’s
Viceroy between 1916 and 1921. Hence
the constitutional reforms set forth by this
act are known as Montagu-Chelmsford
reforms or Montford reforms.
The topic, ‘Government of India Act
1919’ is important for IAS Exam and
is a part of Modern Indian History.
This article will provide relevant facts
about the act and aspirants can also
download the notes PDF from the
link provided in the article.
Q15. Which of the following was a
drawback of the Act of 1919?
a. Too much power
centralized with the
Governor-General in
Council
b. The Governor did not act
as a constitutional head
c. Both a and b
d. None
Q16. The failure of the Government of
India Act lead to which movement:
a. First Non-Co-operation
Movement
b. Purna swaraj
c. Civil Disobedience
Movement
d. Niedermayer–Hentig
Expedition
Q17. Which were the changes adopted by
the Indian Independence Act, 1947
a. Abolition of the
sovereignty and
responsibility of the
British Parliament
b. The Governor and the
Provincial Governors to
act as constitutional
heads.
c. None of the above
d. Both a and b
Q18. The Constitution of India came into
effect on:
a. 26th November, 1949
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b. 26th January, 1950
c. 15th August, 1947
d. None of the above
C. The public offering of shares is
offering and placement of securities on a
stock exchange/regulated market
through which the companies raise
money via capital markets or simply
acquire listed statute. The process
relates to offering of shares, as well as
hybrid instruments (convertible or
exchangeable bonds, preferred
shares). The process relates to issuers
(companies, municipalities, banks,
other) in respect to initial public offering
(IPO), secondary public offering (SPO),
capital increase and other offerings that
shall follow the public offering
procedure.
Q19. Which one of the following is a
mandate for a company before making a
public offer
a. Ensure that the securities
being offered are being
offered for the first time.
b. Apply for registration of
the securities in a
registered stock exchange
c. Make a formal
application before NCLT
where the company is
registered.
d. Both a and c.
Q20. The Medellin Cartel Co. Ltd intends
to make public offerings of some shares of
their company. If they apply for
registration of those shares in the Cali
Stock Exchange, the Guatelajara Stock
Exchange, Stock exchange of Santiago
and the Stock exchange of Tijuana. Cali
and Tijuana allowed the application while
the other two did not allow the
application. What are the option before
the Medellin Cartel:
a. Only issue shares and
specify the names of the
Stock Exchanges where it
is listed
b. Appeal against the Stock
Exchanges where it was
not listed.
c. The approval by the two
is inconsequential as it
was rejected by atleast
one stock exchange
d. B and c
Q21. Can shares be allotted for
consideration other than cash:
a. Yes
b. No.
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c. Depends on what has
been specified in the
prospectus
d. Section 121 of the Act
Q22. Which of the following is not a
condition for a company to pay
commission for underwriting:
a. The payment of such
commission must be
authorized by the Article
of the Company.
b. An order must be obtain
permitting employment of
an underwriter from the
NCLT
c. The commission must be
paid out of the proceeds
of the issue or the profit
of the company
d. There shall not be paid
commission to any
underwriter on securities
which are not offered to
the public for
subscription.
D. The basic requirement of Section 62
was discussed by the Supreme Court in
the case of Lata Construction & Ors v.
Dr. Rameshchandra Ramniklal Shah,
novation requires a complete substitution
of a new contract in place of the old one
and only in that condition the original
contract does not have to be performed.
The new substituted contract should
rescind or completely alter the terms of
the original contract. In Ramdayal v.
Maji Devdiji, the court observed that
novation takes place by introducing new
terms in the contract or by introducing
new parties. A contract of novation
requires a party to agree to extinguish or
discharge his obligation or debt. Unless
this has been accomplished there can be
no novation. Therefore the test is to know
whether the parties intended to enter into
a new contract between them or not.
Q23. A owes money to B under a contract.
It is agreed between A,B and C, that B
shall thenceforth accept C as his debtor,
instead of . The old debt of A to B is at an
end, and a new debt from C to B has been
contracted.
This is an example to
a. Recession of contract
b. Revocation of Contract
c. Novation of contract
d. Alteration of contract
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Q24. Novation of contract is a
a. Question of fact
b. Question of law
c. Mixed question of fact
and law
d. Immaterial in deciding a
dispute relating to
contract
Q25. Section 65 proceeds on the premise
that:
a. The parties have a bona
fide intention to perform
the contract
b. That there is an
agreement between the
parties
c. That either parties have
received a benefit out of
the contract
d. Parties intend not to
proceed with the contract
Q26. Who made the observation that
the object of Concession Theory was to
keep personality under lock and key?
a. Maintland
b. Starke
c. Bodin
d. Kelson
Q27. The 277th Law Commission Report
is on:
a. Report on Simultaneous Elections
b. Wrongful Prosecution (Miscarriage of
Justice): Legal Remedies
c. Legal Framework: Gambling And Sports
Betting Including In Cricket In India
d. Review of the Contempt of Courts Act,
1971
Q28. The COI has no provision for the
removal of:
a. Vice President
b. Chief Justice of India
c. Chief Justice of High Courts
d. Governor
Q29. The Supreme Court in Wild Life
Warden v Komarrikkal Elias held that
elephant tusk is a property of the
Government and presumption under
which Section of the Kerela Forest Act
is attracted?
a. Section 68
b. Section 69
c. Section 70
d. Section 71
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Q30. The Environment Protection Act
was passed in order to implement the
decisions of:
a. Montreal Protocol
b. Paris Agreement
c. United Nations Conference on the
Human Environment
d. Kyoto Protocol
Q31. Who has the power to give
directions in writing to any person,
officer or any authority and such
person, officer or authority shall be
bound to comply with such directions
under EPA, 1986?
a. State Government
b. Central Government
c. President
d. Minister of Environment, Forest and
Climate Change
Q32. The word ‘occupier’ has been
inserted in the Air (PREVENTION
AND CONTROL OF POLLUTION)
ACT, 1981 through
a. Act 47 of 1987
b. Act 6 of 1974
c. Act 36 of 1977
d. Act 19 of 2010
Q33. Environmental Impact
Assessment (EIA) is
mandatory under which one
of the following India
legislations:
a. Indian Forest Act
b. Air (Prevention and Control of Pollution)
Act
c. Wildlife Protection Act
d. Environment (Protection) Act
Q34. Article 1 refers India as:
a. Union of States
b. Federation of States
c. Socialist secular state
d. None of the above
Q35. Who under Article 2 has the power
to admit or establish new states?
a. President
b. Parliament
c. President in consultation with the Prime
Minister
d. President in consultation with the Chief
Justice of India
Q36. Under Article 15(4) the State can
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make provision for advancement of
backward
classes:
a. Economically and religiously
b. Culturally and financially
c. Socially and educationally
d. Socially or educationally
Q37. The two additional grounds
provided under Article 16 to
prevent discrimination in matters
of public employment are (in
relation to Article 15):
a. Sex and place of birth
b. Descent and place of residence
c. Caste and creed
d. Color and place of residence
Q38. Reasonable restrictions on the
right to move freely throughout the
territory of India can be imposed in
the interests of :
a. Sovereignty and integrity of India
b. Public order or morality
c. Security of State
d. Interests of general public and protection
of interests of Scheduled Tribes
Q39. The maximum period for preventive
detention of any person shall not be
longer than:
a. 1 month
b. 3 months
c. 6 months
d. 2 months
Q40. Minorities under Article 30 can be
based on:
a. Religion or culture
b. Culture or language
c. Religion or Language
d. Caste or language
Q41. The Vice President is ex-officio:
a. Supreme Commander of Armed Forces
of India
b. Chairman of Council of States
c. Speaker of Lok Sabha
d. None of the above
Q42. The total number of ministers,
including the Prime Minister shall not
exceed
a. 10 % of the total number of members of
House of People
b. 12% of the total number of House of
People
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c. 15% of the total number of House of
People
d. 21% of House of People
Q43. The President can appoint
members to the Rajya Sabha who have
special knowledge and practical
experience in which of the following
matters:
a. Culture, art, cinema and social service
b. Literature, science, art and social service
c. Cinema, Sports, science and social
service
d. Entertainment, science, art and social
service
Q44. Which Article provides for
powers, privileges etc. Of the House
of Legislatures and of the Members
and Committees thereof:
a. Article 105
b. Article 194
c. Article 111
d. Article 195
Q45. The appointment of ad hoc judges
under Article 127 of COI takes place by:
a. CJI in consultation with the President
after consultation with the Chief
Justice of the High Court
b. CJI in consultation with the President
c. Quorum of the Supreme Court judges
d. None of the above.
Q46. Which Article provides for special
provisions with respect to Delhi:
a. Article 237
b. Article 239
c. Article 239 A
d. Article 239 AA
Q47. Individuals with gross income
upto Rs. --lakhs will not need to pay
any tax if they make investments in
provident funds and prescribed
equities?
a. Rs. 6 lakh
b. Rs. 6.5 lakh
c. Rs. 7 lakh
d. Rs. 7.5 lakhs
Q48. How many punishments are
provided under Section 53 in Indian
Penal code?
a. 6
b. 5
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c. 4
d. 3
Q49. Which offence has the lowest
punishment under IPC?
a. Misconduct in public by a drunken
person
b. Statements inducing mischief
c. Trespassing burial places
d. Disturbing religious places
Q50. Under which Chapter offences
related to Decency and Morality are
provided?
a. Chapter XIII
b. Chapter XIV
c. Chapter XV
d. Chapter XVI
ANSWER KEY
QUESTION ANSWER
1 A
2 D
3 A
4 B
5 A
6 A
7 D
8 B
9 C
10 C
11 C
12 D
13 B
14 C
15 C
16 D
17 B
18 D
19 B
20 D
21 A
22 B
23 C
24 C
25 B
26 D
27 B
28 A
29 B
30 C
31 B
32 A
33 D
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34 A
35 B
36 D
37 C
38 D
39 B
40 C
41 B
42 C
43 B
44 A
45 A
46 D
47 B
48 B
49 A
50 B
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