CLAT (Common Law Admission Test) 2019 MCQs Questions Answer with Solution Paper Part 23

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Question 177

Principle: A condition must be complied with after the happening of the event to which such a condition is attached.

Facts: A promises to pay ₹ 5,000 to B on the condition that he shall marry with the consent of C, D and E. B marries without the consent of C, D and E, but obtains their consent after the marriage.

A. B has fulfilled the condition

B. B has not fulfilled the condition

C. The condition is illegal

D. B must divorce his wife

Question 178

Principle: A condition must be complied in order to claim the benefit of an agreement.

Facts: A agrees to transfer a farm to B, if B shall not go to England within three years after the date of the agreement, his interest in the farm shall cease. B does not go to England within the term prescribed.

A. B՚s interest in the farm continues

B. B՚s interest in the farm does not continue

C. B has a fundamental right to go to England or not to go to England and hence the condition is illegal

D. The agreement between A and B is void

Question 179

Principle: Existence of all the alleged facts is relevant whether they occurred at the same time and place or at different times and places.

Facts: A, a citizen of England, is accused of committing murder of B in India by taking part in a conspiracy hatched in England.

A. The facts that A accused of commission of murder and of conspiracy are relevant facts

B. Only the fact that A is accused of committing murder of B is relevant

C. Only the fact that A is accused of conspiracy hatched in England is relevant

D. A citizen of England cannot be tried in India

Question 180

Principle: One who asserts must prove.

Facts: A desires a Court to give judgment that B, C and D shall be punished for a crime which A says B, C and D have committed.

A. A must prove that B, C and D were present at the place of crime

B. A must prove that B, C and D have committed the crime

C. B, C and D must prove that they have not committed the crime

D. Police must prove that B, C and D have committed the crime

Question 181

Principle: Foreign judgment binds the parties and is conclusive unless it is obtained by fraud.

Facts: A obtains judgment from US court by producing fake documents.

A. New Suit can be filed in India on the same facts

B. Judgment can be enforced in US

C. Judgment can be enforced in India

D. New suit cannot be filed in India on same facts

Question 182

Principle: Decision of Court is Null and Void, if it is given by court which does not have jurisdiction over the subject matter.

Facts: A obtains decision from a court which did not have jurisdiction to deal with the subject matter.

A. Decision can be enforced because both the parties were present

B. Decision cannot be enforced because decision is null and void

C. Decision can be enforced because it is given a court

D. Decision can be enforced

Question 183

Principle: Civil Suit can be filed where defendant resides or carries on business or where cause of action arises.

Facts: A′ carries on business in Gurgaon, B′ carries on Business in Mumbai. B′ through his agent in Gurgaon purchases goods in Gurgaon and takes delivery through agent in Gurgaon. Where Civil Suit for payment of price can be filed by A′?

A. Gurgaon only where cause of action arises

B. At Mumbai where B carries on Business

C. At either of the places i.e.. , Mumbai or Gurgaon

D. Anywhere in India