AILET (All India Law Entrance Test) 2019 MCQs Questions with Solutions and Explanations at Doorsteptutor. Com Part 13

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Question 82

Legal Principles:

(1) Vicarious liability is when employers are hold liable for the torts of their employees that are committed during the course of employment.

(2) A servant is a person subject to the command of his master as to the manner in which he shall do his work. The question of whether a person is an employee depends upon the degree of control which the employer exercises over the worker.

Facts: Raja is a travel agent and possessed certain houses, which had an internal communication throughout, arid which were used for the purposes of his business. Ramesh looked after the houses, and lived in them for this purpose, but he was also a clerk in the Raja՚s pay at a set annual salary. He lived in the houses with his wife, a child, and a servant. The case concerned the payment of inhabited house duty. There was a statutory exemption for premises which were occupied by a “servant” or person occupying the premises “for the protection thereof” . Raja was claiming the exemption from tax liability by claiming that Ramesh was the servant. Decide whether Ramesh was a servant or an independent contractor?

A. Ramesh is not a servant as the premises was held purely for trade purposes. and as Ramesh՚s position was simply that of a caretaker.

B. Ramesh earned a salary per annum in his separate role as a clerk and merely enjoyed residence of the building with his family members. Thus, is an employee of the building owner for tax purposes.

C. Ramesh is a servant as servant is a person subject to the command of his master as to the manner in which he shall do his work.

D. Ramesh is a servant as Raja can control his work of caretaker of the building as well as his job of clerk.

Question 83

Legal Principles:

(1) Private nuisance is a continuous, unlawful arid indirect interference with the use or enjoyment of land, or of some right over or in connection with it.

(2) The person who for his own purposes brings on his lands and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril, and, if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.

(3) Generally, nuisances cannot be justified on the ground of necessity. Pecuniary interest, convenience, or economic advantage to a defendant.

Facts: Dr. Hemant had for 18 years operated a clinic and hospital for the treatment of ENT. Dr. Karan operated a renal clinic in which patients receive haemo-dialysis on the floor above the Dr. Hemant՚s clinic. The Karan was found liable for emitting from their clinic obnoxious fumes which escaped downwards into Hemant՚s clinic. Hemant, his stall and patients were found to have suffered substantial damage ranging from skin diseases, red and swollen eyes, headaches, lethargy and breathing difficulties. Decide whether Karan is liable?

A. Karan is not liable as the work is a public welfare requires, e nuisance may be permitted for special purposes.

B. Hemant cannot claim damages as he is voluntarily operating his clinic since a decade.

C. Karan is not liable as he is running the clinic for 18 years and Hemant has not raised any issues earlier.

D. Karan is liable for the damages caused to Hemant and his staff and patients.

Question 84

Directions: The following questions consist of two statements, one labelled as ‘Assertion and the other as Reason’ . Read both the statements carefully and answer using the codes given below.

Assertion (A) : The rule making power of the Supreme Court is not subject to any Law made by the Parliament of India.

Reason (R) : Only an impartial and independent judiciary can protect the rights of the individual without fear or favour.

A. Both A and R are true and R is the correct explanation of A

B. Both A and R are true but R is not the true explanation of A

C. A is true but R is false

D. A is false but R is true

Question 85

Directions: The following questions consist of two statements, one labelled as Assertion and the other as Reason. Read both the statements carefully and answer using the codes given below.

Assertion (A) : The entries in the three legislative lists are not always set out with scientific precision.

Reason (R) : The entries are not powers but only fields of legislation.

A. Both A and R are true and R is the correct explanation of A

B. Both A and R are true but R is not the true explanation of A

C. A is true but R is false

D. A is false but R is true

Question 86

Which of the following amendments are sought to be introduced in the Representation of the People Act through Amendment Bill, 2018?

I. Proxy voting

II. Gender neutral provisions

III. Allocation of seats

IV. Delimitation of constituencies

A. I, II, III, IV

B. III, IV

C. I, II

D. I, II, IV

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