CLAT (Common Law Admission Test) 2019 MCQs Questions Answer with Solution Paper Part 24

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Question 184

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

Facts: An agreement is signed and executed in New Delhi between A and B for supply of goods wherein B is to supply goods to be delivered at New Delhi to client of A. A carries on business at Haryana and B carries on Business in UP. Civil suit by B′ for payment of consideration can be filed against A′ at

A. Only at New Delhi, where cause of action arises

B. Only at Haryana where A′ carries on business

C. Only at UP where B′ carries on business

D. At Haryana or at New Delhi

Question 185

Principle: No court can execute the decisions unless it is having territorial jurisdiction over the property or the person against whom decision is to be executed. The Court which gave the decision can transfer the matter to the court which has the territorial jurisdiction over the person or property.

Facts: A decision is given by court at New Delhi on a contractual matter against X in a suit between X and Y. X is resident of Maharashtra and he has properties in Maharashtra and Gujarat.

A. New Delhi court can transfer the proceedings to Court at Maharashtra only

B. New Delhi court can execute the decision because it had the jurisdiction to decide the matter so it can execute also

C. New Delhi court can transfer the proceedings to court at Gujarat only

D. New Delhi court can transfer the proceedings to either of the courts i.e.. , Maharashtra or Gujarat

Question 186

Principle: Nothing is an offence by reason of any harm it may cause to another person, if it is done in good faith and for the benefit of that person even without that person՚s consent.

Facts: A is attacked by a Lion and Lion drags him while he is crying for help. B, a passer-by picks up A՚s gun in good faith and fires at Lion which injures A. B has never used the gun before.

A. B is liable for the injury because he knew that he can injure A as he has never used any gun before

B. B is not liable as he has done the act in good faith

C. B is liable because he has not taken A՚s consent before firing

D. B is liable because he has used A՚s gun without his consent

Question 187

Principle: Nothing is an offence if it is done under intoxication and the person commiting the offence was incapable to understand the nature of the Act. Intoxication should be without knowledge or against the will of the person.

Facts: A, B and C were having a party in Bar where A pursuaded B and C to take alcoholic drinks. On the persistent pursuation B and C also consumed alcohol along with A . B and C had never consumed alcohol before. After intoxiation, there was some argument between B and C where C pushed B with full force causing serious injury to B .

A. C is liable

B. C is not liable because he was intoxicated

C. A is liable because A pursuaded them to consume alcohol whereas they had never consumed alcohol

D. A and C both are liable

Question 188

Principle: Everyone has the right of private defence to defend his body and property by use of reasonable force unless that person had time to have recourse to protection of public authorities.

Facts: X receives information at 5.00 pm that Y along with few friends is planning to burn his crop at midnight which is ready to be harvested. He does not inform the village Police Station which was just one kilometer away. He gathers his family members and directs them to collect some weapons in the form of swords and lathis to protect his field/crop. At around 11.00 pm Y and his aides attack the crop and a severe fight ensues wherein Y is seriously injured.

A. X is not liable as he was exercising his right of private defence

B. X and his family are not liable for the injuries caused as they were exercising the right of private defence

C. X is liable

D. X and his family is liable as they have not informed the police

Question 189

Principle: Anyone who induces or attempts to induce a voter to vote in a particular manner on the ground that the voter will face divine displeasure, shall be guilty of offence of interfering with free exercise of right to vote.

Facts: During election campaign period one candidate X told the voters that if they do not vote for her, voters will be cursed because the election candidate is the God՚s own child and those who do not vote for her, they will not be liked by God.

A. X has committed an offence

B. X has not committed an offence because she only narrated what she felt

C. X has not committed an offence because she has freedom of speech and expression

D. X has not committed an offence because she did not compel anyone to vote for her