Mock Tests CLAT Common Law Admission Test Mock Test 4 Part 9

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105. Under Section 17 of the Indian Evidence Act, the ‘admission’ is

(a) written only

(b) oral only

(c) both written and oral

(d) None of the above

Ans: (c)

106. Which one of the following cases does not relate to ‘dying declaration’ ?

(a) Queen Empress Vs. Abdullah

(b) Pakala Narayan Swamy Vs. King Emperor

(c) Zaatar Vs. State of UI

(d) Ratangond Vs. State of Bihar

Ans: (c)

124. Which one of the following sections of the Transfer of Property Act, defines ‘Notice’ ?

(a) Section 2

(b) Section 3

(c) Section 5

(d) Explanation H of Section 3

Ans: (b)

125. The provision of fraudulent transfer is given in

(a) Section 49 of the Transfer of Property Act, 1882

(b) Section 50 of the Transfer of Property Act, 1882

(c) Section 51 of the Transfer of Property Act, 1882

(d) Section 53 of the Transfer of Property Act, 1882

Ans: (d)

126. Which of the following properties cannot be transferred?

(a) Share in copyright

(b) Interest in mortgaged property

(c) Right to future maintenance

(d) Immovable property

Ans: (c)

127. Which of the following sections of the Transfer of Property Act deals with “effect of holding over a lease” ?

(a) Section 114 A

(b) Section 115

(c) Section 115 A

(d) Section 116

Ans: (d)

128. The doctrine of “lis pendens” is explained in famous case of

(a) Bellamy Vs. Sabine

(b) Musahur Sahu Vs. Hakim Lal

(c) Muhammad Shafi Vs. Muhammad Sayed

(d) Tulk Vs. Moxhay

Ans: (a)

129. The mortgagors right to redeem the mortgaged property accrues

(a) at any time after the mortgage

(b) at any time after the mortgage money has become due

(c) at any time when the mortgagor wants

(d) at any time, mortgagee demands the money

Ans: (b)

130. Who is competent to transfer a revenue case from one District to another under Section 29 of the M. P. Land Revenue Code?

(a) State Government

(b) Board of Revenue

(c) Chief Secretary

(d) Revenue Minister

Ans: (b)

Directions (Q. Nos. 131 to 135) Given below is a statement of legal principle, followed by a factual situation. Apply the principle to the facts and select the most appropriate answer among the alternatives given.

131. Principle No legal remedy exists for an injury caused by an act, for which one has consented.

Facts in the One Day International Cricket Match between India and Pakistan, Sehwag hit a full toss delivery of Shoaib Akhtar over the boundary for a six. The ball fell on the body of one of the spectators and injured him. Spectator sues organizer of the match for reimbursement of the medical bill he paid for treatment.

(a) Spectator can recover the costs of his medical expense from Sehwag

(b) Spectator should be compensated as he purchased the ticket to get entertainment and not to get injured

(c) Nobody would be liable to pay anything to spectator because he voluntarily exposed himself to risk

(d) Organizer is liable as it did not ensure that the spectators were protected from the risks of such injuries

Ans: (c)

132. Principle A master is liable for the wrongful acts of his servants committed in the course of employment.

Facts The plaintiff had dispatched hundreds of cannisters full of mustard oil which was manufactured by them and sold under their brand. At the railway station, a few hundred canisters were seized by the Sanitary Inspector and were loaded in a truck which was used for carrying rubbish and night soil. By this act plaintiff suffered a huge loss because their customers refused to take delivery of the tins on the ground that they had been carried in municipal vehicle which was used to carry rubbish and night soil and unfit for human consumption.

(a) Sanitary Inspector is liable for his act

(b) Plaintiff cannot succeed because it is duty of Sanitary Inspector to check the quality of oil

(c) Municipality held to be liable because his employees handled the canisters negligently

(d) No anyone liable

Ans: (c)