CLAT PG 2021 Question Paper

Question 1

In jurisprudence, distinction between theoretical and practical aspects of law is the basis of an independent science of law, the purpose of which is not to subserve practical ends but to serve pure knowledge, which is concerned with facts but not with words. At the present time, juristic science is exclusively a practical science of law and adequate methods have been evolved for the application of law by the judges. The result of this situation is that its teaching on the subject of law and legal relations, subject matter and method, can be given only by the practical science of law. It aims to supply the judge with legal propositions, formulated in the most general terms possible, in order that the greatest possible number of decisions might be derived from them. It teaches the judge how to apply the general propositions to the specific cases. However, human thinking is necessarily dominated by the underlying purpose and the thinking of the jurist is conditioned by the practical purposes pursued by juristic science. The jurist does not mean by law that which lives and is operative in human society as law, but law exclusively important in the administration of justice as a rule according to which the judges must decide the legal disputes. However, juristic science as a whole proceeds by abstractions and deductions but sometimes loses contact with reality. The rule of human conduct and the rule according to which the judges decide legal disputes may be distinct; a layman does not always act according to the rules which the judges apply for the judicial decisions as the rules to guide human conduct. However, the scientific view has given way to the practical view, adapted to the requirements of the judicial officials according to which they must proceed, but they arrive at this view by a jump in their personal thinking. They mean that the rules according to which courts decide are the rules according to which men ought to regulate their conduct. In this respect it is altogether different from true science. It is true that judicial decisions influence the conduct of men, but we must first of all inquire to what extent this is true and upon what circumstances it depends.

The present juristic science is losing scientific temperament because the _____ Which of the following is the most appropriate answer?

Accepted Answer

Judicial abstractions and deductions are different from reality.

Answer

Judges are not professionally trained.

Answer

Practical purposes followed by judicial science.

Answer

Notions for the judicial decisions are inferred from the decision of foreign courts.

Question 2

Human liberty is a precious constitutional value; it is as tenuous as tenuous can be. Liberty survives by the vigilance of her citizens, in the cacophony of the media and in the dusty corridors of courts alive to the rule of (and not by) law. The doors of the court cannot be closed to a citizen who is able to establish prima facie that the instrumentality of the State is being weaponized for using the force of criminal law to the detriment of human liberty. The basic entitlement of every citizen who is faced with allegations of criminal wrongdoing, is that the investigative process should be fair. This is an integral component of the guarantee against arbitrariness under Article 14 and of the right to life and personal liberty under Article 21. The Supreme Court considered the given principle in Arnab Manoranjan Goswami v. State of Maharashtra, [AIR 2021 SC 1], which binds that the courts must be alive to the need to safeguard the public interest while ensuring that the due enforcement of criminal law is not obstructed. The fair investigation of crime is an aid to it. Equally it is the duty of courts across the spectrum-the district judiciary, the High Courts and the Supreme Court to ensure that the criminal law does not become a weapon for the selective harassment of citizens. The inherent power of the High Court must be construed as an aid to preserve the constitutional value of liberty. The writ of liberty runs through the fabric of the Constitution. The need to ensure fair investigation of crime is undoubtedly important in itself, because it protects at one level, the rights of the victim and, at a more fundamental level, the societal interest in ensuring that crime is investigated and dealt with in accordance with law. On the other hand, the misuse of the criminal law is a matter of which the courts in this country must be alive.

The liberty of a citizen is alive because of lively ______

Accepted Answer

Media and Judiciary.

Answer

Media.

Answer

Judiciary.

Answer

Executive and Legislature.

Question 3

In jurisprudence, distinction between theoretical and practical aspects of law is the basis of an independent science of law, the purpose of which is not to subserve practical ends but to serve pure knowledge, which is concerned with facts but not with words. At the present time, juristic science is exclusively a practical science of law and adequate methods have been evolved for the application of law by the judges. The result of this situation is that its teaching on the subject of law and legal relations, subject matter and method, can be given only by the practical science of law. It aims to supply the judge with legal propositions, formulated in the most general terms possible, in order that the greatest possible number of decisions might be derived from them. It teaches the judge how to apply the general propositions to the specific cases. However, human thinking is necessarily dominated by the underlying purpose and the thinking of the jurist is conditioned by the practical purposes pursued by juristic science. The jurist does not mean by law that which lives and is operative in human society as law, but law exclusively important in the administration of justice as a rule according to which the judges must decide the legal disputes. However, juristic science as a whole proceeds by abstractions and deductions but sometimes loses contact with reality. The rule of human conduct and the rule according to which the judges decide legal disputes may be distinct; a layman does not always act according to the rules which the judges apply for the judicial decisions as the rules to guide human conduct. However, the scientific view has given way to the practical view, adapted to the requirements of the judicial officials according to which they must proceed, but they arrive at this view by a jump in their personal thinking. They mean that the rules according to which courts decide are the rules according to which men ought to regulate their conduct. In this respect it is altogether different from true science. It is true that judicial decisions influence the conduct of men, but we must first of all inquire to what extent this is true and upon what circumstances it depends.

The judicial thinking is prominently guided by:

Accepted Answer

Practical purposes followed by judicial science.

Answer

Underlying principles of judicial morality.

Answer

Principles of professional ethics.

Answer

Classical theories of justice.

Question 4

The Supreme Court of India, in Sangitaben Shaileshbhai Datanta v. State of Gujarat, [2018 SCC OnLine SC 2300] was examining a question where a court, after grant of bail to an accused, ordered the accused and their relatives to undergo scientific test viz. lie detector, brain mapping and narco-analysis. This Court held that the direction of the court to carry out such tests is not only in contravention to the first principles of criminal law jurisprudence but also violates statutory requirements. The Court held: “While adjudicating a bail application, Section 439 of the Code of Criminal Procedure, 1973 is the guiding principle wherein Court takes into consideration, inter alia, the gravity of the crime, the character of the evidence, position and status of the accused with reference to the victim and witnesses, the likelihood of the accused fleeing from justice and repeating the offence, the possibility of his tampering with the witnesses and obstructing the course of justice and such other grounds. Each criminal case presents its own peculiar factual matrix, and therefore, certain grounds peculiar to a particular case may have to be taken into account by the court. However, the court has to only opine as to whether there is a prima facie case against the accused. The court must not undertake meticulous examination of the evidence collected by the police, or rather order specific tests as done in the present case. In the instant case, by ordering the abovementioned tests, the High Court has converted the adjudication of a bail matter to that of a mini-trial indeed.”

While deciding an application for grant of bail, the court has to

Accepted Answer

Opine as to whether there is prima facie case against the accused.

Answer

Conduct a mini-trial to ascertain whether there is prima facie case against the accused.

Answer

Examine all witnesses to understand the possibility of the accused obstructing the course of justice.

Answer

Conduct a preliminary inquiry without taking cognizance of the offence.

Question 5

The Supreme Court of India, in Sangitaben Shaileshbhai Datanta v. State of Gujarat, [2018 SCC OnLine SC 2300] was examining a question where a court, after grant of bail to an accused, ordered the accused and their relatives to undergo scientific test viz. lie detector, brain mapping and narco-analysis. This Court held that the direction of the court to carry out such tests is not only in contravention to the first principles of criminal law jurisprudence but also violates statutory requirements. The Court held: “While adjudicating a bail application, Section 439 of the Code of Criminal Procedure, 1973 is the guiding principle wherein Court takes into consideration, inter alia, the gravity of the crime, the character of the evidence, position and status of the accused with reference to the victim and witnesses, the likelihood of the accused fleeing from justice and repeating the offence, the possibility of his tampering with the witnesses and obstructing the course of justice and such other grounds. Each criminal case presents its own peculiar factual matrix, and therefore, certain grounds peculiar to a particular case may have to be taken into account by the court. However, the court has to only opine as to whether there is a prima facie case against the accused. The court must not undertake meticulous examination of the evidence collected by the police, or rather order specific tests as done in the present case. In the instant case, by ordering the abovementioned tests, the High Court has converted the adjudication of a bail matter to that of a mini-trial indeed.”

Under Section 439 of Code of Criminal Procedure, 1973, the special powers regarding bail may be exercised by

Accepted Answer

High Court or Court of Session.

Answer

High Court only.

Answer

High Court or Court of Session or Judicial Magistrate First Class.

Answer

High Court or Court of Session or any Magistrate.

Question 6

There is a general presumption that every Hindu family is presumed to be joint unless the contrary is proved. It is open even if one coparcener has separated, to the non -separating members to remain joint and to enjoy as members of a joint family. The protection of rights of daughters as coparcener is envisaged in the substituted Section 6 of Hindu Succession Act, 1956 recognises the partition brought about by a decree of a court or effected by a registered instrument. A special definition of partition has been carved out in the Explanation. The intendment of the provisions is not to jeopardise the interest of the daughter and to take care of sham or frivolous transaction set up in defence unjustly to deprive the daughter of her right as coparcener and prevent nullifying the benefit flowing from the provisions as substituted. The intent of Section 6 of the Act is only to accept the genuine partitions that might have taken place under the prevailing law, and are not set up as a false defence and only oral ipse dixit is to be rejected outrightly. It has to be remembered that the courts cannot defeat the object of the beneficial provisions made by the Amendment Act. The exception is carved out by us as earlier execution of a registered document for partition was not necessary, and the court was rarely approached for the sake of family prestige. The statutory fiction of partition created by the proviso to Section 6 of the Hindu Succession Act, 1956 as originally enacted did not bring about the actual partition or disruption of coparceny. The fiction was only for the purpose of ascertaining the share of deceased coparcener when he was survived by a female heir, of Class I as specified in the Schedule to the 1956 Act or male relative of such female. The provisions of the substituted Section 6 are required to be given full effect.

Which of the following judgments is not related to property rights of the daughter as a coparcener under Hindu law?

Accepted Answer

Kalindi Damodar Garde v. Manohar Laxman Kulkarni, (2020) 4 SCC 335.

Answer

Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1.

Answer

Danamma v. Amar, (2018) 3 SCC 343.

Answer

Prakash v. Phulavati, (2016) 2 SCC 36.

Question 7

The Supreme Court of India noted that it is a prevalent gender stereotype that women officers find it challenging to meet the hazards of service owing to their prolonged absence during pregnancy, motherhood and domestic obligations towards their children and families, as the notion assumes that domestic obligations rest solely on women. Reliance on the ‘inherent physiological differences between men and women’ rests in a deeply entrenched stereotypical and constitutionally flawed notion that women are the ‘weaker’ sex and may not undertake tasks that are ‘too arduous’ for them. Arguments founded on the physical strengths and weaknesses of men and women and on assumptions about women in the social context of marriage and family do not constitute a constitutionally valid basis for denying equal opportunity to women officers. To deny the grant of permanent commission to women officers on the ground that this would upset the ‘peculiar dynamics’ in a unit casts an undue burden on women officers which has been claimed as a ground for excluding women. If society holds strong beliefs about gender roles, that men are socially dominant, physically powerful and the breadwinners of the family and that women are weak and physically submissive, and primarily caretakers confined to a domestic atmosphere, it is unlikely that there would be a change in mindsets.

Based on the given excerpt from a judgment, which of the following was not a direction given by the Supreme Court of India?

Accepted Answer

Women officers on Short Service Commission with more than twelve years of service who do not opt for being considered for the grant of the Permanent Commissions will be entitled to continue in service until they complete twenty-two years of pensionable service.

Answer

Short Service Commission women officers with over twenty years of service who are not granted Permanent Commission shall retire on pension in terms of the policy decision.

Answer

All serving women officers on Short Service Commission shall be considered for the grant of Permanent Commission irrespective of any of them having completed fourteen years or, as the case may be, twenty years of service.

Answer

Short Service Commission women officers who are granted Permanent Commission in pursuance of the above directions will be entitled to all consequential benefits including promotion and financial benefits.

Question 8

The Supreme Court of India, in Sangitaben Shaileshbhai Datanta v. State of Gujarat, [2018 SCC OnLine SC 2300] was examining a question where a court, after grant of bail to an accused, ordered the accused and their relatives to undergo scientific test viz. lie detector, brain mapping and narco-analysis. This Court held that the direction of the court to carry out such tests is not only in contravention to the first principles of criminal law jurisprudence but also violates statutory requirements. The Court held: “While adjudicating a bail application, Section 439 of the Code of Criminal Procedure, 1973 is the guiding principle wherein Court takes into consideration, inter alia, the gravity of the crime, the character of the evidence, position and status of the accused with reference to the victim and witnesses, the likelihood of the accused fleeing from justice and repeating the offence, the possibility of his tampering with the witnesses and obstructing the course of justice and such other grounds. Each criminal case presents its own peculiar factual matrix, and therefore, certain grounds peculiar to a particular case may have to be taken into account by the court. However, the court has to only opine as to whether there is a prima facie case against the accused. The court must not undertake meticulous examination of the evidence collected by the police, or rather order specific tests as done in the present case. In the instant case, by ordering the abovementioned tests, the High Court has converted the adjudication of a bail matter to that of a mini-trial indeed.”

Which of the following statements is true regarding the special powers of the High Court regarding bail under Section 439 of Code of Criminal Procedure, 1973?

Accepted Answer

High Court may direct that any person who has been released on bail be arrested.

Answer

High Court may undertake meticulous examination of the evidence collected by the police.

Answer

High Court may direct specific tests, such as narco-analysis to be conducted.

Answer

High Court may pass any order in exercise of its inherent powers.

Question 9

The Supreme Court of India has held that it is a cardinal principle of the law of contract that the offer and acceptance of an offer must be absolute. It can give no room for doubt. The offer and acceptance must be based or founded on three components, that is, certainty, commitment and communication. However, when the acceptor puts in a new condition while accepting the contract already signed by the proposer, the contract is not complete until the proposer accepts that condition, as held by the Court in Haridwar Singh v. Bagun Sumbrui, [AIR 1972 SC 1242]. An acceptance with a variation is no acceptance. It is, in effect and substance, simply a counter proposal which must be accepted fully by the original proposer, before a contract is made.

‘The acceptance must match with the terms of offer’. The given statement is known as

Accepted Answer

Mirror Rule

Answer

Doctrine of Promissory Estoppel

Answer

Doctrine of Privity of Contract

Answer

Postal Rule

Question 10

There is a general presumption that every Hindu family is presumed to be joint unless the contrary is proved. It is open even if one coparcener has separated, to the non -separating members to remain joint and to enjoy as members of a joint family. The protection of rights of daughters as coparcener is envisaged in the substituted Section 6 of Hindu Succession Act, 1956 recognises the partition brought about by a decree of a court or effected by a registered instrument. A special definition of partition has been carved out in the Explanation. The intendment of the provisions is not to jeopardise the interest of the daughter and to take care of sham or frivolous transaction set up in defence unjustly to deprive the daughter of her right as coparcener and prevent nullifying the benefit flowing from the provisions as substituted. The intent of Section 6 of the Act is only to accept the genuine partitions that might have taken place under the prevailing law, and are not set up as a false defence and only oral ipse dixit is to be rejected outrightly. It has to be remembered that the courts cannot defeat the object of the beneficial provisions made by the Amendment Act. The exception is carved out by us as earlier execution of a registered document for partition was not necessary, and the court was rarely approached for the sake of family prestige. The statutory fiction of partition created by the proviso to Section 6 of the Hindu Succession Act, 1956 as originally enacted did not bring about the actual partition or disruption of coparceny. The fiction was only for the purpose of ascertaining the share of deceased coparcener when he was survived by a female heir, of Class I as specified in the Schedule to the 1956 Act or male relative of such female. The provisions of the substituted Section 6 are required to be given full effect.

As per the given excerpt from a judgment, which of the following is correct in relation to the living status of a father in ensuring coparcenary property rights to a daughter?

Accepted Answer

Since the right in coparcenary to a daughter is by birth, it is not necessary that father coparcener should be living as on September 9, 2005.

Answer

The coparcenary rights can be claimed by the daughter born earlier with effect from September 9, 2005 with savings as provided in Section 6(1) of the Hindu Succession (Amendment) Act, 2005.

Answer

Since the right in coparcenary to a daughter is by birth, it is necessary that father coparcener should be living as on September 9, 2005.

Answer

Living status of father is a pre-condition for coparcenary rights to a daughter.

Question 11

CLAT PG 2021 Question Paper with Answers