Weekly Legal Reasoning Revision Quiz || Law Entrance Exams || 16.01.2022 for CLAT UG Exams

Question 1

Recently, the Karnataka High Court issued notice on a petition challenging the constitutional validity of which section of the Contempt of Courts Act, 1971, which criminalizes publication of such matters that may "scandalize the courts"?

Question 2

The Central Government has recently extended the term of whom as the officiating Chairperson of the National Company Law Appellate Tribunal (NCLAT), till he attains the age of 67 years, or until further orders, whichever is earlier?

Question 3

The Supreme Court has recently constituted a 4-member committee for the purpose of holding talks between the Central Government and the farmers to resolve the protests over the three contentious farm laws. One of these four, Dr Pramod Kumar Joshi, an Agricultural Economist, is also the Director of which of the following bodies?

Question 4

In one of it's fascinating judgement, which High Court has recently held that, in Digital Era, employees working in different states to be treated as 'One Work Place' for the purposes of Sexual Harassment At Workplace?

Question 5

The Supreme Court of India has recently refused to entertain Jharkhand Speaker's Plea against High Court stay on disqualification notice to Babulal Marandi. Consider the following statements regarding Babulal Marandi:

I. Babulal Marandi was the first Chief Minister of Jharkhand and current Leader of the Opposition in the Jharkhand Legislative Assembly.

II. He was the founder and National President of Jharkhand Vikas Morcha (Prajatantrik).

III. He was the Member of Parliament in 12th, 13th 14th and 15th Lok Sabha from Jharkhand.

IV. He was the Union State Minister (MoS) for the Ministry of Law and Justice, Government of India, in the BJP - led National Democratic Alliance Government in 1998 to 2000.

Choose the incorrect statement/statements:

Question 6

Principle:
If, as a result of carelessness, one injures another, he is legally liable to the injured victim for resulting damages, unless the victim’s own carelessness also contributes to causing the accident.

Facts:
Raju carelessly left an iron pole protruding across a public road. 200 meters from that spot was a traffic signal indicating the speed limit to be 30 kmph. Shyam, riding a scooter at 60 kmph, noticed the protrusion from a distance, but still could not avoid it and collided with the pole and was injured. In an action by Shyam against Raju. –

Question 7

Principle:
Mischief is an injury to the property with the intention of causing wrongful loss to any person or public. The person to whom the loss is wrongfully caused by mischief need not be the owner of the property himself.

Facts:
Kumar has leased his house to Akbar for 5 years. After one year Kumar requests Akbar to vacate the house, but the latter refuses. Kumar, in order to get Akbar to vacate the house, causes fire to it, but Akbar with the help of neighbours quickly extinguishes the fire before it could really damage the property.

Question 8

Principle:
The occupier of the premises owes a duty of care to all his invites and visitors.

Facts:
Ritesh was constructing an underground water tank within his premises. Since the construction work was not complete, the open surface of the tank was covered with gunny bags. The postmen who entered the premises to deliver the registered letter fell into the tank and was hurt. Ritesh has put the mailbox at the gate so that all the mails to him could be deposited there.

Question 9

Principle:
Whoever by words signs or otherwise brings into hatred or contempt or excites disaffection towards the government established by law in India is guilty sedition and shall be punished with imprisonment for life.

Facts:
The firebrand opposition leader Mahesh Yadav in the middle of the public meeting declared, “This government of cheats, bootleggers, scoundrels and scammers should be thrown out. They do not deserve to rule. Teach them a lesson by unseating them from power.”

Question 10

Principle:
A person is said to be of sound mind for the purpose of making a contract if, at the time when he makes it, he is capable of understanding it and of forming a rational judgment as to its effect upon his interests.

Facts:

Astha, who is a very good painter, is also a patient in a mental asylum, who, at intervals, is of sound mind. During one of these intervals, she entered into a relationship with Lopamudra to paint a picture of her for a specified amount. She, however, asked Lopamudra to pay her the entire amount in advance. One month later, on the day of delivery of the painting, Astha refused to perform the contract saying that she suffers from insanity. Can Lopamudra force performance?

Question 11

Direction: Read the given passage carefully and answer the questions given below:

The National Council for Transgender Persons (NCTP) is the statutory body of the Government of India, generally concerned with advising the government on all policy matters affecting transgender persons. It was established in 2020 under the provisions of the Transgender Persons (Protection of Rights) Act, 2019.

As of October 2020, NCTP was anchored by the Minister of Social Justice and Empowerment, Thawar Chand Gehlot. The council is composed of five representatives of the transgender community, one each from five different regions: the north, south, east, west and northeast. Additionally, several Joint secretary-level ex-officio members from various governmental ministries serve on the council as well as five expert members from nongovernmental organizations.

The Social Justice Ministry issued a notification on January 10, 2019, notifying the Transgender Persons (Protection of Rights) Act, 2019, which was passed by Parliament on November 26 and given Presidential assent on December 5, 2014. The Act aims to end discrimination against transgender persons in accessing education, employment and healthcare. The Act says that a "transgender person" means a person whose gender does not match with the gender assigned to that person at birth and includes trans-man or trans-woman (whether or not such person has undergone Sex Reassignment Surgery or hormone therapy or laser therapy or such other therapy), person with intersex variations, genderqueer and person having such socio-cultural identities as kinner, hijra, aravani and jogta.

Section 4 of the Act gives a transgender person the right to self-perceived gender identity. Section 5 says that a transgender person, or the legal guardian in case of a minor, may make an application to the District Magistrate for issuing a certificate of identity as a transgender person. Section 6 says that a certificate of identity as transgender person can then be issued by the DM.

Section 7 focuses on transgenders who undergo sex-reassignment to change gender either as a male or female, they will have to make an application to the DM, along with a certificate issued to that effect by the Medical Superintendent or Chief Medical Officer of the medical institution in which that person has undergone surgery. The DM would then issue a certificate indicating change in gender. Persons can change their first names in the birth certificate and other official documents after getting the certificates under Section 6 and 7.

Section 8 provides for the appropriate Government to take steps to secure full and effective participation of transgender persons and their inclusion in society and formulate welfare schemes and programmes which are transgender sensitive, non-stigmatising and non-discriminatory.

The Act also provides that no establishment shall discriminate against any transgender person in any matter relating to employment including, but not limited to, recruitment, promotion and other related issues. No child as per Section 12 shall be separated from parents or immediate family on the ground of being a transgender, except on an order of a competent court, in the interest of such child. The Section 16 provides for the constitution of a National Council for Transgender Persons.

Sources: (Extracted, edited, added): www.socialjustice.nic.in, www.indianexpress.in, www.legalserviceindia.in.

Gyanendra is actually a female trapped in a male body. After the passing of the Transgender Persons (Protection of Rights) Act, 2019 and it getting notified by the Social Justice Ministry on January 10, 2019, he gets overjoyed. He goes to the hospital that does sex-reassignment surgery and gets a date for undergoing the procedure. In the meantime, he changes his name to Gyanika and goes to the DM for changing the name in his birth-certificate. Can he do that?

Question 12