Indian Legal Quiz

Q.191.Universal done is –
[A] Not liable for any debt of liabilities
[B] Donee is personally liable for all debts to liabilities existing at the time of gift
[C]Donee is only liable for half of the liabilities
[D] Donee is only liable for the one-third of liabilities
Ans:- [B] Donee is personally liable for all debts to liabilities existing at the time of gift

Q.191. Transfer of actionable claim has exception under section of 30 of T.P. Act ----
[A]It does not apply to transfer of life insurance policy
[B] It does not apply to the transfer of marine or fire policy
[C] it does not apply to vehicle insurance policy
[D]None of the above policy applies
Ans:- [B] It does not apply to the transfer of marine or fire policy

Q.192. Whether furniture provided by landlord is defined as accommodation under section 2 A.C. Act—
[A] Yes
[B] No
[C] Furniture never be accommodation
[D] Furniture which is attached
Ans:- [A] Yes

Q.193. Accommodation which is the property of the Government Accommodation Control Act shall not apply—
[A] Government may apply through notification
[B] True
[C] False
[D] With the consent of Government and tenant it can apply
Ans:- [B] True

Q.194. Pagree means (as defined in Sec 6 of A.C. Act)—
[A] Special amount for special place or accommodation
[B] Amount which is received by landlord as agreement
[C] Deposits which is refundable
[D]Premium or cash received or claimed in addition to rent
Ans:- [D]Premium or cash received or claimed in addition to rent

Q.195. Member of the family—
[A] Unmarried sister
[B] Married daughter
[C] A friend in service living together
[D] Married sister
Ans:- [A] Unmarried sister

Q.196. If any eviction decrees obtained on the basis of compromise then on execution---
[A] The executing court has not right to enquire about the validity of the decree
[B] Executing court will see whether ground was available or not
[C] Tenant has right to challenge the decree as not ground was available under section 12 of the Act
[D] Landlord has right to impose new condition for execution
Ans:- [A] The executing court has not right to enquire about the validity of the decree

Q.197. If not specific place is agreed regarding payment of rent between landlord and tenant then the tenant will pay the rent—
[A] In the business place of the landlord
[B] In the residential house of the landlord
[C] The landlord will come to the tenant and receive
[D] Rent will be deposited in Bank account of landlord
Ans:- [B] In the residential house of the landlord

Q198. Plaintiff lives in another city but casually when he comes lives in the suit house with his family—
[A] When plaintiff lives in other city how it would be bonafide need
[B] Only when the plaintiff comes to enjoy vacation it includes bonafide need
[C] It also includes bonafide need of plaintiff
[D] It doesn’t include in bonafide need of plaintiff
Ans:- [C] It also includes bonafide need of plaintiff

Q.199.Tenant cannot sue against sub-tenant, why---
[A] As there was not contract
[B] As no permission taken from landlord
[C] Because the contract is void
[D] Because the contract is voidable
Ans:- [B] As no permission taken from landlord

Q.200. every promise and every set of promises, forming the consideration for each other—
[A] Is a promise
[B] Is an agreement
[C] Is called consideration
[D] Is called contract
Ans:- [B] Is an agreement

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Advent of the British (1600-1765)

The British came to India to trade. It was on 31st December 1600 that the East India Company formed by some merchants of London secured from Queen Elizabeth a royal charter. The charter granted to the Company monopoly rights of trade with India and some areas of South East Asia for an initial period of 15 years. It laid down the constitution, powers and privileges of the Company. Each year all the members of the Company were to elect one governor and 24 one-man committees. The management of the Company was entrusted to these 25 men in England. Subsequently, these committees came to be called Directors and the court of directors was born. The Governor and the company could make laws for ensuring good governance of the company, regulating its business and maintaining discipline among its servants. But the legislative power of the company was very limited. They could not make any laws contrary to the laws, conventions and precedents in Britain.

The powers and privileges of the company were enlarged by each subsequent charter. By the year 1700, the company had established its factories (trading centres) and chief settlements at Bombay, Madras and Calcutta. By the Charter of 1669, the island and port of Bombay were entrusted to the company at an annual rental of Sterling Pounds 10. Simultaneously, the company was given the power to make necessary laws and issue ordinances for the good government of Bombay and its residents. Thus for the first time in 1669 the company acquired the authority to rule over a definite territory and its people. From a mere trading company, it became a ruler. In 1677 the company was given the right to issue its own coins. The 1683 Charter empowered the company to declare war and enter into treaties subject to the proviso that the company itself could not assume sovereign powers over any territory. Whatever territories were acquired by the company or came under his control, were all for the British Crown with the Company acting as its representative.

The Charter of 1726 empowered the Governors-in-Council of the three Presidencies of Bombay, Madras and Calcutta to make bye-laws rules and ordinance in conformity with English laws and subject to approval by the Court of Directors. English laws were expressly introduced and Mayor's Courts established in the three Presidencies by the 1726 Charter.

The taking advantage of the weakening central authority, disintegration of the Mughal Empire and disturbed conditions all over the country after Aurangzeb's death (1707), the company gradually emerged as the dominant power. The viceroy of the company at the battle of Plassey in 1757 against Sirajuddaulla, Nawab of Bengal, clinched the issue and the foundation of British rule in India was laid. In 1764 the combined forces of Mughal Emperor Shah Alam and the Nawabs of Oudh Bengal were defeated by the company at the battle of Buxar. This left the company in full control over Bengal. In 1765, Shah Alam entrusted the Diwani of Bengal, Bihar and Orissa to the company which meant that the company acquired full powers of land revenue collection and administration of civil justice while the responsibility of administration, maintenance of law and order and criminal justice remained with the Nawab. The dyarchy which prevailed during 1665-1772 proved disastrous and led to the appointment of an inquiry committee by the British House of Commons. The committee recommended the need for regulating the activities of the company. The result was the Regulating Act of 1773.

 

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Panchayati Raj Institutions

While the democratic institutions like the republican states, elective Kingship, the Sabha and the Samiti later disappeared, representative  bodies at the village level like the Gram Sanghas, Gram Sabhas or Panchayats survived and continued to function and flourish right through the rule of many Hindu and Muslim dynasties and till the advent of the British rule.

 

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Constitutional History

The edifice of the constitution of a country is always built on the foundations of his past. To understand any constitution in existence and operation, therefore, it is essential to know its background and history.

Constitutional Government in Ancient India

The concepts of democracy, representative institutions, limitations on the arbitrary powers of rulers, and rule of law were not alien to India in the hoary past. The concept of the supremacy of Dharma was hardly different from the rule of law or limited government. The rulers in ancient India were bound by Dharma, no one was above Dharma. Enough evidence has come to light to show that republican forms of the Government, representative deliberative bodies and local self-government institutions existed in many parts of ancient India and democratic thinking and practices permeated different aspects of the life of the people right from the Vedic age (circa 3000-1000B.C.).

The Rigveda and the Atharvaveda mention the Sabha (General Assembly) and the Samiti (House of elders). The Aitareya Brahman, Panini's Ashtadhyayi, Kautilya's Arthashashtra, the Mahabharats,  inscriptions on Asoka's pillars, the Buddhist and Jain texts of the period and the Manusmriti all bear witness to the existence of several functioning  republics during the post-Vedic period of Indian history. After the Mahabharat particularly, large empire gave way to a number of small republican states. Jatakas make many references to how these republics functioned.

The members met in Santhagar. Representatives were elected in open assembly. They selected their gopa who became King and ruled with the help of a Council of Ministers.

In the 4th century B.C. the republican federation known as the Kshudrak Malla Sangha offered strong resistance to Alexander. Near Patliputra (Patna), there was Vaishali, the Capital of Lichchavis. The state was a republic governed by an assembly with an elected President called Nayak. Unfortunately, we know little of the details of the Constitution of these republics.  The Greek Scholar Megasthenes has left records of popular assemblies that were preserved in the south and which restrained the power of the Kings. Kautilya's Arthashashtra also records that autocracy or the divine right of kings have no place in ancient Indian polity. The power of the Indian king was hedged in by safeguards against abuse and limited by liberties and powers of other public authorities and interests. He was, in fact, a limited or a constitutional monarch. Manu and the Mahabharat say that an unjust and oppressive ruler should be killed by his own subjects like a street dog gone mad. Nitisara (Science of Polity) of Shukracharya written in the tenth century is a book on constitution. It deals with the organisation of the central government as well as village and town life, of the King's Council and of various departments of government. The King was to act on the opinion of the majority of the people. To quote Dr. B.R. Ambedkar:

"It is not that India did not know what is Democracy. There was a time when India was studded with republics, and even where there were monarchies, they were either elected or limited. They were never absolute. It is not that India did not know Parliaments or Parliamentary procedure. A study of the Buddhist Bhikshu Sanghas discloses that not only there were Parliaments-but the Sanghas knew and observed all the rules of Parliamentary Procedure known to modern times. They had rules regarding seating arrangements, rules regarding Motions, Resolutions, Quorum, whip, Counting of Votes, voting by Ballot, Censure Motion, Regularization, Res Judicata, etc. Although these rules of Parliamentary procedure were applied by Buddha to the meetings of Sanghas, he must have borrowed them from the rules of the Political Assembly functioning in the country in his time.  

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Interpretation of the Constitution-Article 367

The normal rules applicable to interpretation of statutes are equally valid in the field of constitutional interpretation. The interpretation clause-Article 367-inter alia clarifies that the Genera l Clauses Act shall apply to the interpretation of the provisions of the Constitution of India. But the Constitution is the fundamental and the Supreme law which creates the Legislature and under which all the laws of the land are to be enacted and draw their legitimacy. Under what is called the Doctrine of Literal Interpretation, therefore the Constitution has to be interpreted liberally and not in a narrow sense. (Goodyear India v. State of Haryana, AIR 1990 SC 781.) Also, besides the general rules, there are some special rules for interpretation of the Constitution.

Every provision of the Constitution has to be so construed as to give meaning and relevance to every word used. It has been held by the Supreme Court that unless otherwise indicated, every word is supposed to have been used in its normal and ordinary connotation and should be given the plain common sense meaning. (Kesavanand Bharti v. State of Kerala (1973) 4 SCC 225).

The purpose of the interpretation is to ascertain the intent of the framers. But, this has to be ascertained from the actual words used in the text. If the language of a constitutional provision is clear and unambiguous, things like the spirit of the Constitution or the views of the Constitution makers expressed in the Constituent Assembly debates are irrelevant in interpretation. If, however, the vagueness of the language admits of more than one interpretation these can be considered for purposes of clarification. (Menon v. State of Bombay, AIR 1951 SC 128; Gopalan v.State of Madras, AIR 1950 SC 27).

The Constitution must be read as a whole with due weight given to every part. Where two provisions appear to be in conflict, under the Principle of Harmonious Construction, the meaning which gives effect to both the provisions and ensures their smooth and harmonious operation should be accepted. (See Venkataramana v. State of Mysore, AIR 1958 SC 255, State of Madras v. Champakam, (1951) S C R 5257, Gopalan v. State of Madras, (1950) SCR 88).

According to the Doctrine of Prospective overruling adopted by our Supreme Court in the Golak Nath Case, an interpretation given by the court and the law declared by it may not be given retroactive operation i.e. the validity of past acts may not be affected. (Golak Nath v.  State of Punjab,  AIR 1967 SC 1643).

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Judicial and Legal Quiz

Q.181. Where a suit abates or dismissed under Order 22 of C.P.C. on the same cause of action—
[A] If sufficient cause shown then new suit may file
[B] No fresh suit shall be brought
[C] With prior permission of the court fresh suit my file
[D] New suit may institute with the consent of parties
Ans:- [B] No fresh suit shall be brought

Q.182. Whether a minor on attaining majority may, I a sole plaintiff, apply that a suit instituted in his name by his name by his next friend be dismissed on the ground that it was unreasonable or improper---
[A] Joint application will be with next friend
[B] With the consent of next friend
[C] Yes
[D] No
Ans:- [C] Yes

Q.182. Where any injunction is passed without giving notice to opposite party, the court will try to decide the application within-------from the date of such exparte injunction--
[A] 10 days
[B] 15 days
[C] 20 days
[D] 30 days
Ans:- [D] 30 days

Q.183. “Immovable property “ does not include timber—
[A] Only the branches of timber does not include in immovable property
[B] Till it is rooted in the earth
[C] False
[D] True
Ans:- [D] True

Q.184. Under section 5 of T.P. Act “living person” does include company Also----
[A] Company
[B] Company is not living person
[C] False
[D] True
Ans:- [D] True

Q.185.Where writing is not expressly required by law a transfer of property may be made orally---
[A] True
[B] With consent of parties oral transfer can be done
[C] Transfer can only be made by writing
[D] False
Ans:- [A] True

Q.186.A lets a farm to B on condition that he shall walk hundred miles in an hour—
[A] Conditional transfer can be made
[B] Lease can be executed
[C] Lease can be executed if B walks 100 miles in an hour
[D] The lease is void
Ans:- [D] The lease is void

Q.187.Transferee of the part performance has right to protect his possession—
[A] Right can accrue only after payment of full consideration
[B] Right
[C] Delivery of possession is not necessary
[D] Wrong
Ans:- [B] Right

Q.188.Termination of lease of immovable property shall be in the following manner ---
[A] By oral intimation
[B] By written notice
[C] By sending agent
[D] By telephonic intimation
Ans:- [B] By written notice

Q.189. A lease of immovable property from year to year or exceeding one year can be made---
[A] Valid if executed before magistrate
[B] Agreements made by parties will be effective
[C] Only by a registered instrument
[D] Only before Notary
Ans:- [C] Only by a registered instrument

Q.190. Gift comprising of future property is valid—
[A] Future gift will be valid if done accepted it
[B] Gift property may be provide in future to valid it
[C] Wrong
[D]Right
Ans:- [C] Wrong

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Sources of the Constitution

The sources of the Constitution of India are diverse and many. These are both indigenous and foreign. The founding fathers made it very clear that they were not writing on a clean slate. They look a conscious decision not to make a complete departure from the past, but to built on the existing structure and experience of institutions already established. Even otherwise, the Constitution of India had had an organic growth. It evolved through the interaction between various demands for representative-responsible governmental institutions during the nationalist struggles for independence and the small doses of constitutional reforms grudgingly granted by the British rulers from time to time. However rudimentary in form in the early stages, the process of political institution building-particularly the legislatures-in the modern sense of the term can be gauged from as early as the late nineteen-twenties onwards. In fact, the sources of some of the provisions of the Constitution can be traced back to the beginnings of the East India Company and the British rule in India.

Reference to organisation of village Panchayats under the Directive Principles was clearly inspired by the ancient Indian institutions of self-government. The 73rd and 74th Constitution Amendment Acts have since tried to give greater meaning and content to them.

Demand for some of the fundamental rights was made as early as in 1918 at the Bombay session of the Indian National Congress. The Commonwealth of India Bill, finalized by the National Convention in 1925 embodied "specific declaration of rights" like equality before law, freedom of speech, assemble and religion etc. A resolution passed at the Madras session of the Congress in 1927 reiterated the demand for fundamental rights. The Motilal Nehru Committee appointed in 1928 by the All Parties Conference in its report declared that the first concern of the people of India was to secure justiceable fundamental human rights. Interestingly, ten of the nineteen fundamental rights incorporated in the Nehru Committee Report appear in the Constitution of India substantially unchanged. The Karachi Congress Resolution of 1931 contained a specific enumeration not  only of fundamental rights but also of fundamental duties. Several of the social and economic rights mentioned in the 1931 resolution found expression in the Directive Principles of the Constitution of India and a chapter on fundamental duties which did not find a place in the original Constitution got included later by the Constitution (Forty-second) Amendment Act in 1976.

A parliamentary system with a government responsible to Parliament, safeguards for minorities and a federal polity contained in the Constitution could also be said to have had their sources in the 1928 Nehru Committee Report.

Finally, nearly 75 per cent of the Constitution can be said to be a reproduction of the Government of India Act, 1935 with suitable adaptations and modifications. The basic structure of the polity and provisions regulating Union-State relations, declaration of Emergency etc. were largely based on the 1935 Act. Besides the indigenous sources, the Constituent Assembly had before it several models of foreign constitutions. Thus, the concept of Directive Principles was borrowed from the Irish Constitution. Parliamentary system with ministerial responsibility to the legislature came from the British and provisions making the President the executive head of the State and the Supreme Commander of the armed forces and the Vice-President the ex-officio Chairman of the Council of States were based on the U.S. model. The Bill of Rights enshrined in the U.S. Constitution could also be said to have inspired our fundamental rights.

The Canadian Constitution inter alia influenced the federal structure and the provisions relating to Union-State relations and the distribution of powers between the Union and the States. The concurrent List in the Seventh Schedule, provisions regarding Trade, Commerce and Intercourse and parliamentary privileges were modelled presumably on the Australian Constitution. The Emergency provisions were influenced inter alia by the Constitution of the German Reich. For the understanding the ambit and scope of provisions like those pertaining to the issue of writs and parliamentary privileges one has to go to the British Constitution.    

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