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How to prepare for CLAT 2019 Legal Aptitude section - Expert tips by Harsh Gagrani
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  • How to prepare for CLAT 2019 Legal Aptitude section - Expert tips by Harsh Gagrani

How to prepare for CLAT 2019 Legal Aptitude section - Expert tips by Harsh Gagrani

Ongoing Event

CLAT Application Date:01 Aug' 25 - 31 Oct' 25

#CLAT
Madhuwrita NandiUpdated on 16 Jan 2019, 05:48 PM IST

How to prepare for CLAT 2019 Legal Aptitude - CLAT aspirants often find themselves confused when it comes to preparing for CLAT legal aptitude section. This mainly occurs due to majority of CLAT aspirants appearing for the national-level law entrance test being fresh out of school who have inadequate knowledge about the legal realm. With the CLAT only four months away, candidates may be wondering how to prepare for CLAT 2019 that specifically for the legal aptitude section in the right way. Well, law aspirants need not worry as Careers360 brings to them an advisory on ‘How to prepare for CLAT 2019: Legal Aptitude’ with exclusive tips from the seasoned law expert and Founder Director of LegalEdge Tutorials, Harsh Gagrani.

How to prepare for CLAT 2019 Legal Aptitude section - Expert tips by Harsh Gagrani
How to prepare for CLAT 2019 Legal Aptitude section - Expert tips by Harsh Gagrani

Careers360 brings yet another CLAT 2019 Preparation Tips from the exam advisory series where law aspirants can actually learn the tricks to tackle Legal Aptitude section of CLAT.

Read here what Harsh Gagrani has to suggest law aspirants like you on ‘How to prepare for Legal Aptitude section in CLAT 2019’.

Important topics for CLAT 2019 Legal Aptitude preparation

Given that CLAT aspirants are left with only four months to the examination, there are a few topics specific to legal aptitude which they should go through during these months to acquire a decent grip on the section. These are the following sections where law aspirants need to concentrate-

  • General theory of Law of Torts 

  • Contracts and Criminal Law 

  • Constitution and Polity

Candidates should go into the depth of constitution and polity, since it forms a significant part of legal knowledge. The first three topics, that is, Law of Torts, Contracts and Criminal Law are a part of legal reasoning.

Apart from studying these topics, candidates should make sure that they practice a copious number of CLAT mock test as well as AILET mock tests.

Going through the mock tests of CLAT once candidates have solved them and focusing on the questions that they got wrong is also of vital importance.

Read here - How CLAT mock tests are important for exam preparation?

Recommended Books for preparing Legal Aptitude of CLAT 2019

Candidates can refer to the following books recommended to prepare for CLAT 2019 Legal Aptitude at their preparation stage.

  • LA/LR (6th Edition) by AP Bhardwaj for Legal Knowledge

  • Complete CLAT Companion by Harsh Gagrani for Legal Aptitude (Both Reasoning and Knowledge).

  • LegaLE magazine provided by LegalEdge for Current Legal Knowledge

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Candidates can refer to these books while preparing for CLAT legal aptitude to practice and brush up their concepts. Gagrani suggests that along with the aforementioned books, mock test series by any good coaching centre will suffice.

How to tackle Assertion-Reasoning questions in CLAT 2019 Legal Aptitude?

The law aspirants face the most difficulty while responding to Assertion-Reasoning type questions in CLAT Legal Aptitude section. The only way through which candidates can deal with this section is by deepening their legal knowledge, since these questions are a quintessential part of legal knowledge. Candidates can improve their legal knowledge by going through the aforementioned books.

The candidates, however, need not study the specific topics in depth to prepare for Legal Aptitude for CLAT 2019. The ‘not-so important’ topics are miscellaneous topics of Legal Aptitude, which normally cover topics like Intellectual Property Rights, Property Law, Family Law etc. Very few questions are asked in the test from these topics, and such questions are of a basic/superficial level. To crack these topical questions, practicing previous years’ papers will be enough.

When to take mock test for CLAT 2019 Legal Aptitude preparation?

Before practising mock tests, candidates should ensure that their preparation for CLAT is complete. Candidates should not attempt the CLAT mock test if they haven't revised and gone through the analysis of the previous one. To improve scores in the Legal Aptitude section of CLAT, candidates have to continuously make efforts to reduce mistakes, and this can only be done by analyzing the CLAT 2019 mock tests that they take.

 It is a well known CLAT preparation tip that a candidate must solve around 80 mock tests before the exam. However, law aspirants should focus on quality over quantity while preparing for CLAT 2019 legal aptitude. Gagrani suggests a golden tip on how candidates can boost their conceptual clarity with the help of mock tests as he says, “Don't just make a mental note of the mistakes they have been making (which most students do!), make an actual note in a notebook. Write down meanings of difficult words, common mistakes candidates are making, current legal knowledge questions that they came across in that notebook. This notebook will come in handy in the last few weeks of their CLAT 2019 preparation.

Time Management Tips for CLAT 2019 Legal Aptitude preparation

Candidates can apply this time management strategy while solving the legal aptitude section in CLAT 2019 paper. Candidates are advised to apply this strategy while solving the mock tests and check if it works out for them.

A student should aim to solve a Legal Reasoning question in 45 seconds and a Legal Knowledge question in under 12 seconds. The following strategies should help in achieving this:

  1. Use the following order for solving questions- Principle - Fact - Option - Double check language of correct option with principle and mark. DO NOT double check with facts. Double checking with facts, in most cases, leads to wastage of time, without really improving the accuracy.

  2. Improve Legal Vocabulary. The more acquainted candidates are with Legal Maxims (like Audi Alterem Partem, Volenti Non Fit Injuria, Scienti Non Fit Injuria etc), Legal Terms (Defamation, Nuisance, Trespass) and Foreign Phrases (Ab initio, ex parte, force majeure etc), the lesser time they will devote in understanding principles and thus lesser time would be spent solving each question.

  3. Work on the reading speed in general. Do speak with CLAT mentor on how to do this.

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Last week strategy to prepare for CLAT 2019 Legal Aptitude

How a candidate prepares for CLAT 2019 during the last week matters as much as their year-long preparation. The candidates should only focus on the following two things while preparing for CLAT 2019 Legal Aptitude section in the last week-

  • Going through the Previous Years' Legal Reasoning questions again

  • Revising Current Legal Knowledge Notes

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Legal Aptitude is one of the easiest section to master, especially when compared with other sections of the CLAT. All it needs is smart work in the right direction!

Do follow the above-mentioned tips and the candidates will see exponential growth in their Legal Aptitude CLAT 2019 score.

CLAT 2019 will be held on May 26, 2019, being conducted by the National Law University Odisha, Cuttack, for candidates who seek admissions into its undergraduate law programmes. Candidates qualifying the entrance test will get an opportunity to grab a seat for themselves amongst 2600 offered by the 21 participating institutes.

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On Question asked by student community

Have a question related to CLAT ?
Can we attempt the clat exam in 11th class

Hello,

No, you are not elligible to appear for the CLAT exam while in Class 11, as the elligiblity criteria require you to be in or have completed Class 12 . However, you can start preparing for the exam now.

  • Understand the CLAT Exam pattern.
  • Analyze your performance by taking practice tests.
  • Develop a study schedule that balances your schoolwork and CLAT preparation.

You can get the CLAT Exam practice tests by following this link:

https://law.careers360.com/articles/free-clat-practice-test

Read Complete Answer
P
Palisetti Rakshita
22 Oct'25
If a student is from telangana they can apply for reserved seat. In reservation in clat registration

Hello,

Yes, if a student is from Telangana, they can apply for a reserved seat in CLAT only if they belong to a reserved category such as SC, ST, OBC, EWS, or PwD, as per the rules of CLAT and the participating National Law Universities (NLUs).

However, please note:

  • CLAT does not have a separate “Telangana state quota.”

  • Reservation is given based on category , not on the state, except in some NLUs that offer domicile (state) reservation for their own state students.

So, if you are from Telangana, you can:

  • Apply under your category reservation (like SC/ST/OBC/EWS) .

  • And you may get Telangana domicile reservation only in those NLUs that are located in Telangana (for example, NALSAR University of Law, Hyderabad ).

Hope it helps !

Read Complete Answer
P
Prachi Kumari
22 Oct'25
Clat pg 2026 application form fill up mai photo and signature requirement Ka criteria

Hello,

For CLAT PG 2026 application :

Photograph: JPEG/JPG, 200x230 pixels, 20–50 KB, white/light background, recent passport-size photo.

Signature: JPEG/JPG, 140x60 pixels, 10–20 KB, sign on white paper with black ink, must match exam documents.

Hope it helps !

Read Complete Answer
P
Prachi Kumari
11 Oct'25
does any one has the Universal's Guide to CLAT book or pdf i can get for free please

Hi dear candidate,

On our official website, you can find various study material EBooks and Sample Papers that can help you prepare better that you can download for free.

Kindly refer to the link attached below:

CLAT E-books and Sample Papers

CLAT Study Material 2026 PDF - Books, Mock Test, Question Papers

BEST REGARDS


Read Complete Answer
A
Aryan
8 Oct'25
can i know the government collages taking admissions in support to CLAT score. bcoz the NLUs are very costly. plz anyone guide.

Hello,

While NLUs are costly, you can still pursue government-funded law education through state-funded universities and their affiliated colleges that accept CLAT scores, such as institutes like Banaras Hindu University and Aligarh Muslim University.

I hope it will clear your query!!

Read Complete Answer
R
Rahul Mandal
27 Sep'25
View all

Popular CLAT Questions

Read the passage carefully and answer the question

The Contract should be performed by the promisor himself. However, in certain cases, it can also be performed by his agents or legal representatives. It all depends upon the intention of the parties. Normally a contract can be performed by the following persons. 

  1. Promisor himself: If from the nature of the contract it appears that it was the intention of the parties that the promise should be performed by the promisor himself, such promise must be performed by the promisor. This usually applies to contracts involving personal skill, task, or artwork. 
  2. Promisor or his Agent: Where the contract does not involve the personal skill of the promisor, the contract could be performed by the promisor himself or by any competent person employed by him for the purpose, 
  3. Legal Representatives: The contracts which do not involve any personal skill or taste, may be performed by his legal representative after the death of the promisor.
  4. Third Person: In some cases, a contract may be performed by a third person provided the promisee accepts the arrangement. According to Section 41 of the Indian Contract Act, once the promisee accepts the performance from a third person, he cannot compel the promisor to perform the contract again. 
  5. Performance of Joint Promises: According to section 42 of the Indian Contract Act, when two or more persons have made a joint promise, the joint promisors must fulfill the promise jointly during their lifetime. And if any one of them dies, then his legal representatives and survivors must jointly fulfill the promise. 

Section 43 of the Indian Contract Act further provides that unless a contrary intention appears from the contract, each joint promisor may compel every other joint promisor to contribute equally to the performance of the promise. If any joint promisor makes a default in such contribution, the remaining joint promisors must bear the loss arising from such default in equal shares.

Question:

Aman received a box of chocolates from Basant and promised to pay Rupees 5000. Later on, A becomes bankrupt. Chetan who is a friend of Aman pays rupees 1000 to Besant on behalf of Aman. Aman is not aware of such a transaction. In civil court, insolvency proceedings have started against Aman. Meanwhile, Basant has also applied for a recovery of 5000 rupees. Decide.

Option: 1

Basant is entitled to recover the amount of 5000 from Aman.


Option: 2

Basant is entitled to recover the amount of 4000 from Aman.


Option: 3

Chetan is entitled to recover the amount of 1000 from Basant.


Option: 4

Basant cannot recover any amount from Aman as he has become insolvent.


Read Complete Answer

Read the passage carefully and answer the question

The Contract should be performed by the promisor himself. However, in certain cases, it can also be performed by his agents or legal representatives. It all depends upon the intention of the parties. Normally a contract can be performed by the following persons. 

  1. Promisor himself: If from the nature of the contract it appears that it was the intention of the parties that the promise should be performed by the promisor himself, such promise must be performed by the promisor. This usually applies to contracts involving personal skill, task, or artwork. 
  2. Promisor or his Agent: Where the contract does not involve the personal skill of the promisor, the contract could be performed by the promisor himself or by any competent person employed by him for the purpose, 
  3. Legal Representatives: The contracts which do not involve any personal skill or taste, may be performed by his legal representative after the death of the promisor.
  4. Third Person: In some cases, a contract may be performed by a third person provided the promisee accepts the arrangement. According to Section 41 of the Indian Contract Act, once the promisee accepts the performance from a third person, he cannot compel the promisor to perform the contract again. 
  5. Performance of Joint Promises: According to section 42 of the Indian Contract Act, when two or more persons have made a joint promise, the joint promisors must fulfill the promise jointly during their lifetime. And if any one of them dies, then his legal representatives and survivors must jointly fulfill the promise. 

Section 43 of the Indian Contract Act further provides that unless a contrary intention appears from the contract, each joint promisor may compel every other joint promisor to contribute equally to the performance of the promise. If any joint promisor makes a default in such contribution, the remaining joint promisors must bear the loss arising from such default in equal shares.

Question:

K promises to paint a picture for L on a certain day, at a certain price. K dies before the day of the contract. Decide. 

Option: 1

The contract can be enforced by K’s representative 


Option: 2

The contract can be enforced by L


Option: 3

The contract can be enforced either by K’s representation or by L 


Option: 4

The contract cannot be enforced either by K’s representative, or L


Read Complete Answer

Read the passage carefully and answer the question

The Contract should be performed by the promisor himself. However, in certain cases, it can also be performed by his agents or legal representatives. It all depends upon the intention of the parties. Normally a contract can be performed by the following persons. 

  1. Promisor himself: If from the nature of the contract it appears that it was the intention of the parties that the promise should be performed by the promisor himself, such promise must be performed by the promisor. This usually applies to contracts involving personal skill, task, or artwork. 
  2. Promisor or his Agent: Where the contract does not involve the personal skill of the promisor, the contract could be performed by the promisor himself or by any competent person employed by him for the purpose, 
  3. Legal Representatives: The contracts which do not involve any personal skill or taste, may be performed by his legal representative after the death of the promisor.
  4. Third Person: In some cases, a contract may be performed by a third person provided the promisee accepts the arrangement. According to Section 41 of the Indian Contract Act, once the promisee accepts the performance from a third person, he cannot compel the promisor to perform the contract again. 
  5. Performance of Joint Promises: According to section 42 of the Indian Contract Act, when two or more persons have made a joint promise, the joint promisors must fulfill the promise jointly during their lifetime. And if any one of them dies, then his legal representatives and survivors must jointly fulfill the promise. 

Section 43 of the Indian Contract Act further provides that unless a contrary intention appears from the contract, each joint promisor may compel every other joint promisor to contribute equally to the performance of the promise. If any joint promisor makes a default in such contribution, the remaining joint promisors must bear the loss arising from such default in equal shares.

Question:

Rohan has agreed to manage the catering services during the marriage of Sohan’s son Ramu. On the day of marriage, Rohan felt ill and sent his manager to the management of catering services. Ramu happily gets married to Tina and people appreciated the food and decoration of the event. When Rohan asked Sohan for the remaining amount, he denied it because Rohan himself had not managed so it is a breach. Decide.

 

Option: 1

Rohan is not entitled to get the remaining amount due to a breach of contract.


Option: 2

Rohan is entitled to sue Sohan for the remaining amount.


Option: 3

Rohan is entitled to sue Ramu because it was his marriage.


Option: 4

Instead of Rohan, his manager can only sue Sohan for the breach.


Read Complete Answer

Read the passage and answer the question that follow.

Natural justice is another name for common sense justice rules of natural justice are not in codified form these principles are embedded or ingrained or inbuilt in the conscience of human beings. It supplies the omission made in codified law and helps in the administration of justice. Natural justice is not only confined to ‘fairness’ it will take many shades and colours based on the context. Thus natural justice apart from ‘fairness’ also implies reasonableness, equity and equality. They are neither cast in a rigid mould nor can they be put in a legal straitjacket. These principles written by nature in the heart of mankind, they are immutable, inviolable, and inalienable.

It is true that the concept of natural justice is not very clear and, therefore, it is not possible to define it; yet the principles of natural justice are accepted and enforced. In the case of Ridge V. Baldwin Court observed that “in modern times have sometimes been expressed to the effect that natural justice is as vague as to be practically meaningless. But I would regard these as tainted by the perennial fallacy that because something cannot be cut and dried or nicely weighed or measured therefore it does not exist”. The term natural justice signifies fundamental rules of judicial procedure and fair play in action. According to Lord Widgery “the principles of natural justice were those fundamental rules; the breach will prevent justice from being seen to be done”. Earliest expression of ‘natural justice’ could be found in the philosophical expression of Roman Jurist (jus natural) and signified rules and principles for the conduct of man which were independent of enacted law or customs and could be discovered by the rational intelligence of man and would grow out of and conform to his nature.

The rule against bias that surfaced in 1610 in Dr Bonham's Casewhere Chief Justice Coke went so far as to say that the Court could declare an Act of Parliament void if it made a man as judge in his own cause, or otherwise ‘against common right and reason’. This was one of his grounds for disallowing the claim of the College of Physicians to fine and imprison Doctor Bonham, a Doctor of Physics of Cambridge University, for practising in the city of London without the licence of College of Physicians. The statute under which the College acted provided that fines should go half to the King half to the College so that the College had a financial interest in its own judgement and was judged in its own cause.

Question:

X is a student of a college and his father Y is a professor in the same college. In one instance, X is caught to be involved in unparliamentary activities inside the college campus. The enquiry committee is set up and Y is appointed as the head of the committee. Decide.

Option: 1

Y is a professor of the same college hence he can become a member of the enquiry committee


Option: 2

Y is X’s father hence he should not be a part of the enquiry committee


Option: 3

Y can be a part of the enquiry committee but cannot be its head


Option: 4

There is no rule that prevents the appointment of Y until he fulfils his function diligently


Read Complete Answer

Read the passage and answer the question that follow.

Natural justice is another name for common sense justice rules of natural justice are not in codified form these principles are embedded or ingrained or inbuilt in the conscience of human beings. It supplies the omission made in codified law and helps in the administration of justice. Natural justice is not only confined to ‘fairness’ it will take many shades and colours based on the context. Thus natural justice apart from ‘fairness’ also implies reasonableness, equity and equality. They are neither cast in a rigid mould nor can they be put in a legal straitjacket. These principles written by nature in the heart of mankind, they are immutable, inviolable, and inalienable.

It is true that the concept of natural justice is not very clear and, therefore, it is not possible to define it; yet the principles of natural justice are accepted and enforced. In the case of Ridge V. Baldwin Court observed that “in modern times have sometimes been expressed to the effect that natural justice is as vague as to be practically meaningless. But I would regard these as tainted by the perennial fallacy that because something cannot be cut and dried or nicely weighed or measured therefore it does not exist”. The term natural justice signifies fundamental rules of judicial procedure and fair play in action. According to Lord Widgery “the principles of natural justice were those fundamental rules; the breach will prevent justice from being seen to be done”. Earliest expression of ‘natural justice’ could be found in the philosophical expression of Roman Jurist (jus natural) and signified rules and principles for the conduct of man which were independent of enacted law or customs and could be discovered by the rational intelligence of man and would grow out of and conform to his nature.

The rule against bias that surfaced in 1610 in Dr Bonham's Casewhere Chief Justice Coke went so far as to say that the Court could declare an Act of Parliament void if it made a man as judge in his own cause, or otherwise ‘against common right and reason’. This was one of his grounds for disallowing the claim of the College of Physicians to fine and imprison Doctor Bonham, a Doctor of Physics of Cambridge University, for practising in the city of London without the licence of College of Physicians. The statute under which the College acted provided that fines should go half to the King half to the College so that the College had a financial interest in its own judgement and was judged in its own cause.

Question:

Mr X is an employee of a corporate office. His wife Y is a judge. In one instance, X is found to be involved in a money laundering case at his office. The office now files a suit and Y is appointed as the judge for this case. Decide.

Option: 1

Y is a judge by herself, hence can be appointed to adjudicate this case


Option: 2

Y is can be appointed as a judge only if she fulfils her responsibilities without any bias


Option: 3

Y can adjudicate the case and if the company finds the penalty to be insufficient then they can appeal against it


Option: 4

Y cannot be the judge in this case ab initio


Read Complete Answer

Read the passage and answer the question that follow.

Natural justice is another name for common sense justice rules of natural justice are not in codified form these principles are embedded or ingrained or inbuilt in the conscience of human beings. It supplies the omission made in codified law and helps in the administration of justice. Natural justice is not only confined to ‘fairness’ it will take many shades and colours based on the context. Thus natural justice apart from ‘fairness’ also implies reasonableness, equity and equality. They are neither cast in a rigid mould nor can they be put in a legal straitjacket. These principles written by nature in the heart of mankind, they are immutable, inviolable, and inalienable.

It is true that the concept of natural justice is not very clear and, therefore, it is not possible to define it; yet the principles of natural justice are accepted and enforced. In the case of Ridge V. Baldwin Court observed that “in modern times have sometimes been expressed to the effect that natural justice is as vague as to be practically meaningless. But I would regard these as tainted by the perennial fallacy that because something cannot be cut and dried or nicely weighed or measured therefore it does not exist”. The term natural justice signifies fundamental rules of judicial procedure and fair play in action. According to Lord Widgery “the principles of natural justice were those fundamental rules; the breach will prevent justice from being seen to be done”. Earliest expression of ‘natural justice’ could be found in the philosophical expression of Roman Jurist (jus natural) and signified rules and principles for the conduct of man which were independent of enacted law or customs and could be discovered by the rational intelligence of man and would grow out of and conform to his nature.

The rule against bias that surfaced in 1610 in Dr Bonham's Casewhere Chief Justice Coke went so far as to say that the Court could declare an Act of Parliament void if it made a man as judge in his own cause, or otherwise ‘against common right and reason’. This was one of his grounds for disallowing the claim of the College of Physicians to fine and imprison Doctor Bonham, a Doctor of Physics of Cambridge University, for practising in the city of London without the licence of College of Physicians. The statute under which the College acted provided that fines should go half to the King half to the College so that the College had a financial interest in its own judgement and was judged in its own cause.

Question:

X was a renowned cricketer in the 1980s. His son Y is a struggling cricketer who has been trying to get into the national team for many years. In the year 2020, X is appointed as a member of the selection committee. In the match which is supposed to decide the final team of the nation, Y scores a century and Z scores 65 runs. However, Z is selected to represent India and Y is not. Y now appeals against the decision, the main ground being the presence of X in the committee. Decide.

Option: 1

The appeal will stand as Y scored a century yet Z was selected after scoring 65 runs


Option: 2

The appeal will be quashed since X’s presence should have benefitted Y, but it didn’t, hence the rejection of Y is valid


Option: 3

The appeal will stand as X’s presence is a factor of bias


Option: 4

The appeal will be quashed since X was a renowned cricketer


Read Complete Answer

Read the passage and answer the question that follow.

Natural justice is another name for common sense justice rules of natural justice are not in codified form these principles are embedded or ingrained or inbuilt in the conscience of human beings. It supplies the omission made in codified law and helps in the administration of justice. Natural justice is not only confined to ‘fairness’ it will take many shades and colours based on the context. Thus natural justice apart from ‘fairness’ also implies reasonableness, equity and equality. They are neither cast in a rigid mould nor can they be put in a legal straitjacket. These principles written by nature in the heart of mankind, they are immutable, inviolable, and inalienable.

It is true that the concept of natural justice is not very clear and, therefore, it is not possible to define it; yet the principles of natural justice are accepted and enforced. In the case of Ridge V. Baldwin Court observed that “in modern times have sometimes been expressed to the effect that natural justice is as vague as to be practically meaningless. But I would regard these as tainted by the perennial fallacy that because something cannot be cut and dried or nicely weighed or measured therefore it does not exist”. The term natural justice signifies fundamental rules of judicial procedure and fair play in action. According to Lord Widgery “the principles of natural justice were those fundamental rules; the breach will prevent justice from being seen to be done”. Earliest expression of ‘natural justice’ could be found in the philosophical expression of Roman Jurist (jus natural) and signified rules and principles for the conduct of man which were independent of enacted law or customs and could be discovered by the rational intelligence of man and would grow out of and conform to his nature.

The rule against bias that surfaced in 1610 in Dr Bonham's Casewhere Chief Justice Coke went so far as to say that the Court could declare an Act of Parliament void if it made a man as judge in his own cause, or otherwise ‘against common right and reason’. This was one of his grounds for disallowing the claim of the College of Physicians to fine and imprison Doctor Bonham, a Doctor of Physics of Cambridge University, for practising in the city of London without the licence of College of Physicians. The statute under which the College acted provided that fines should go half to the King half to the College so that the College had a financial interest in its own judgement and was judged in its own cause.

Question:

X is a married judge who is well known for his honesty in the entire city. He has a son Y. One fine day Y gets kidnapped and the kidnapper demands a sum of 20 lakhs from X. However, the kidnapper is caught by the police. X is now appointed as the judge for the hearing of the kidnapper. Decide.

Option: 1

X can be the judge since he can decide the punishment better as he was the sufferer


Option: 2

X cannot be the judge since there is a possibility that he will be biased while delivering the judgement


Option: 3

X can be the judge since he is renowned for his honesty and fulfil his duties


Option: 4

X can be the judge but his statement can be appealed against if delivered with bias


Read Complete Answer

Read the passage and answer the question that follow.

Natural justice is another name for common sense justice rules of natural justice are not in codified form these principles are embedded or ingrained or inbuilt in the conscience of human beings. It supplies the omission made in codified law and helps in the administration of justice. Natural justice is not only confined to ‘fairness’ it will take many shades and colours based on the context. Thus natural justice apart from ‘fairness’ also implies reasonableness, equity and equality. They are neither cast in a rigid mould nor can they be put in a legal straitjacket. These principles written by nature in the heart of mankind, they are immutable, inviolable, and inalienable.

It is true that the concept of natural justice is not very clear and, therefore, it is not possible to define it; yet the principles of natural justice are accepted and enforced. In the case of Ridge V. Baldwin Court observed that “in modern times have sometimes been expressed to the effect that natural justice is as vague as to be practically meaningless. But I would regard these as tainted by the perennial fallacy that because something cannot be cut and dried or nicely weighed or measured therefore it does not exist”. The term natural justice signifies fundamental rules of judicial procedure and fair play in action. According to Lord Widgery “the principles of natural justice were those fundamental rules; the breach will prevent justice from being seen to be done”. Earliest expression of ‘natural justice’ could be found in the philosophical expression of Roman Jurist (jus natural) and signified rules and principles for the conduct of man which were independent of enacted law or customs and could be discovered by the rational intelligence of man and would grow out of and conform to his nature.

The rule against bias that surfaced in 1610 in Dr Bonham's Casewhere Chief Justice Coke went so far as to say that the Court could declare an Act of Parliament void if it made a man as judge in his own cause, or otherwise ‘against common right and reason’. This was one of his grounds for disallowing the claim of the College of Physicians to fine and imprison Doctor Bonham, a Doctor of Physics of Cambridge University, for practising in the city of London without the licence of College of Physicians. The statute under which the College acted provided that fines should go half to the King half to the College so that the College had a financial interest in its own judgement and was judged in its own cause.

Question:

X and Y have been married for five years. X is a judge and Y is a doctor. X is pretty much unhappy with his married life so he wants to divorce Y. Y refuses to agree to a divorce by mutual consent hence X files a suit against Y. Decide.

Option: 1

X cannot file a suit since he is a judge


Option: 2

X can file a suit against Y in legal capacity but not as a judge


Option: 3

X cannot file a divorce suit against Y since there is no valid ground for divorce


Option: 4

X can proceed with mutual consent but not contested divorce


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Read the passage and answer the question that follow.

In the case of M/S Halonex Limited, 59-A Noida vs State of U.P., it was held that “In reply to the aforesaid submission, learned counsel for opposite party no.2 submitted that the case of the applicants that no amount is due from their side to the complainant is a matter of defence which cannot be considered at this stage. It has been submitted that the term 'entrustment' as used in Section 405 IPC has been given a wider interpretation. It has been submitted that the goods returned by the complainant to the Company for replacement or for reimbursement would be deemed to have been entrusted to the Company and as the applicants 2 & 3 were handling its affair they become responsible. To buttress the said submission, the learned counsel for the complainant drew the attention of the Court to a decision of the Apex Court in the case of Ram Narayan Popli Vs. Central Bureau of Investigation: (2003) 3 SCC 641, wherein it was observed that: "the term "entrustment" is not necessarily a term of law. It may have different implications in different contexts. In its most general signification all it imports is the handing over possession for some purpose which may not imply the conferring of any proprietary right at all." Attention was also drawn to an observation made in the judgment of the aforesaid case, where it was observed that: "to establish the charge of criminal breach of trust, the prosecution is not obliged to prove the precise mode of conversion, misappropriation or misapplication by the accused of the property entrusted to him or over which he has dominion. The principal ingredient of the offence being dishonest misappropriation or conversion which may not ordinarily be a matter of direct proof, entrustment of property and failure in breach of an obligation to account for the property entrusted if proved, may, in the light of other circumstances, justifiably lead to an inference of dishonest misappropriation or conversion”.

Question:

X tracks down an expensive necklace on the road. Not knowing to whom it belongs. X sells it promptly to a jeweller without attempting to find the owner or submitting the necklace to the authorities. Decide the liability of X.

Option: 1

Extortion


Option: 2

Criminal breach of trust


Option: 3

Theft


Option: 4

Criminal misappropriation of Property


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Read the passage and answer the question that follow.

In the case of M/S Halonex Limited, 59-A Noida vs State of U.P., it was held that “In reply to the aforesaid submission, learned counsel for opposite party no.2 submitted that the case of the applicants that no amount is due from their side to the complainant is a matter of defence which cannot be considered at this stage. It has been submitted that the term 'entrustment' as used in Section 405 IPC has been given a wider interpretation. It has been submitted that the goods returned by the complainant to the Company for replacement or for reimbursement would be deemed to have been entrusted to the Company and as the applicants 2 & 3 were handling its affair they become responsible. To buttress the said submission, the learned counsel for the complainant drew the attention of the Court to a decision of the Apex Court in the case of Ram Narayan Popli Vs. Central Bureau of Investigation: (2003) 3 SCC 641, wherein it was observed that: "the term "entrustment" is not necessarily a term of law. It may have different implications in different contexts. In its most general signification all it imports is the handing over possession for some purpose which may not imply the conferring of any proprietary right at all." Attention was also drawn to an observation made in the judgment of the aforesaid case, where it was observed that: "to establish the charge of criminal breach of trust, the prosecution is not obliged to prove the precise mode of conversion, misappropriation or misapplication by the accused of the property entrusted to him or over which he has dominion. The principal ingredient of the offence being dishonest misappropriation or conversion which may not ordinarily be a matter of direct proof, entrustment of property and failure in breach of an obligation to account for the property entrusted if proved, may, in the light of other circumstances, justifiably lead to an inference of dishonest misappropriation or conversion”.

Question:

P borrows from L his phone for using it to call his parents. However, when L is distracted, P removes the memory card of the phone and later on sells it. Decide the liability of P.

Option: 1

P is guilty under dishonest misappropriation of property

 


Option: 2

P is not guilty for any offence since the phone was given with consent


Option: 3

P is guilty for theft


Option: 4

P has been handed over the phone, so he has the right to use it as he likes


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