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Just 3 Principles Cover 70% of CLAT Tort Questions

Just 3 Principles Cover 70% of CLAT Tort Questions

Ongoing Event

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

#CLAT
Ritika JonwalUpdated on 19 Sep 2025, 11:17 AM IST

Did you know that the majority of CLAT 2026 Tort Law Questions revolve around just a handful of principles? While the Tort Law is vast, analysis of CLAT Previous Year Papers (2021-2025) shows that three principles alone cover nearly 70% of the questions. This means that by strategically focusing on these, you can secure most of your CLAT 2026 torts score without drawing in unnecessary detail.

Just 3 Principles Cover 70% of CLAT Tort Questions
Just 3 Principles Cover 70% of CLAT Tort Questions

In this article, we’ll break down these three principles, their weightage, and provide you with smart preparation strategies, along with CLAT 2026 MCQs practice questions.

CLAT Tort Law Questions in Previous Year (2021-2025)

The CLAT 2026 Legal Reasoning is also a very integral part of the syllabus. This subject too has weightage in the entire exam. Roughly, there will be around 32 questions from CLAT 2026 Legal Reasoning. In the past few years, Tort Law has been a topic that has been repeated every time. There are around one or two passages each year from Tort Law. The table below throws light on the CLAT Tort Law Questions in previous (2021-2025) years and expected topics for the upcoming session.

CLAT Tort Law Questions in Previous Year (2021-2025)

Year

Total Tort Questions

Negligence Questions

Defamation Questions

Strict Liability Questions

Other Principles Questions

Percentage Weightage

2021

6Q

2

1

-

3

33% Negligence

2022

5Q

1

2

-

2

34% Defamation

2023

7Q

1

-

1

5

15% Trespass

2024

4Q

-

-

1

3

18% Vicarious Liability

2025

5Q

2

-

2

1

35% Strict Liability

Principles Cover 70% of CLAT Tort Questions

Here’s a structured breakdown of how just three core tort law principles—Negligence, Defamation, and Strict Liability—cover nearly 70% of CLAT tort questions (2021–2025):

1. Negligence (Appeared in 2021)

  • Significance: Negligence is one of the most frequently tested principles in tort law. It revolves around the breach of a duty of care that results in harm to another person.

  • Why it's important: It applies to a wide range of scenarios, from accidents to medical malpractice, making it a fundamental principle for CLAT exams.

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Aspect

Details

Weightage

~23% (2021–2025)

Definition

Breach of a duty of care resulting in harm

Example

A doctor leaves a surgical tool in a patient’s body.

Exam Relevance

Frequently tested in real-life accident or malpractice scenarios.

2. Defamation (Appeared in 2022)

  • Significance: Defamation law is often tested in questions related to damage to reputation through false statements. It covers both slander and libel.

  • Why it's important: Defamation cases often appear in the context of freedom of speech, making it crucial for understanding the balance between reputation and expression.

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Aspect

Details

Weightage

~22% (2021–2025)

Definition

False statement damaging someone’s reputation (slander/libel).

Example

A newspaper falsely claims a politician is corrupt.

Exam Relevance

Balances freedom of speech vs the right to reputation. Common in media-related passages.

3. Strict Liability (Appeared in 2025)

  • Significance: Strict liability involves holding a defendant liable for harm caused by their actions, even if there was no intention to harm or negligence involved.

  • Why it's important: It applies to dangerous activities, such as using hazardous materials or keeping wild animals, and is commonly tested in multiple-choice scenarios.

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Aspect

Details

Weightage

~25% (2021–2025)

Definition

Liability for harm even without fault or negligence.

Example

A toxic gas leak occurs despite the owner’s precautions.

Exam Relevance

Frequently tested with hazardous substances, industries, or wild animals.

Other CLAT 2026 Tort Principles with Low Weightage

Other CLAT 2026 Tort Principles with Low Weightage

While Negligence, Defamation, and Strict Liability dominate, CLAT occasionally includes 1–2 questions from other tort principles. These appear irregularly but are still worth a quick review.

Principle

Frequency (2021–2025)

Weightage

Example Scenario

Exam Appearance

Nuisance

1/5 years

<10%

Factory noise affecting neighbours

Rare


Vicarious Liability

1/5 years

~12%

The employer is liable for the employee’s negligence

Infrequent

Trespass

1/5 years

~8%

Unauthorised entry into land

Rare

Recommended eBooks

Related eBooks & Sample Papers

CLAT 2026 - Tort Law MCQs Questions

Based on an analysis of previous CLAT papers, it's evident that three core principles in Tort Law cover nearly 70% of the questions asked. These principles are Negligence, Defamation, and Strict Liability. To help you focus your preparation, we have compiled MCQs to practice these high-weightage topics and additional topics. These will help you solidify your knowledge and prepare effectively for the CLAT 2026.

You may also check,

How To Master 70% with Just 3 CLAT 2026 Tort Principles

Focusing on Negligence, Defamation, and Strict Liability, which accounted for 70% of the CLAT Tort Questions in the past 5 years, is statistically the most efficient strategy.

  1. Prioritise Past Year Papers

  • Solve all CLAT papers from 2021 and 2025.

  • Highlight tort questions and identify which principle they relate to.

  • You’ll notice the dominance of Negligence, Defamation, and Strict Liability.

  • A balanced study schedule should include taking CLAT mock tests, reviewing material, and learning new topics.

  1. Practice Fact-Based Scenarios

  • CLAT doesn’t test definitions—it tests application.

Principle

Example Scenario

Exam Relevance

Negligence

A doctor leaving a surgical tool in a patient

Most common in real-life accidents

Defamation

False claim about a politician

Media-related cases

Strict Liability

Factory leak due to negligence

Common in hazardous activities

  1. Revision Tips

  • Make concise, one-page notes for each principle.

  • Create a question bank with 20+ fact-based examples for each premise.

  • Revise 1-2 times before the exam week to improve memory speed.

For information on how to effectively manage your time and study, please refer to the CLAT Time Management article.

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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 !

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P
Prachi Kumari
22 Oct'25
What is the expected or predicted score in VITLee or CLAT will consider a safe zone for getting in this college

Hi Dear Candidate!!

For VITEEE (VIT Engineering Admission), a safe zone generally means scoring around 110–120 out of 125 or securing a rank under 25,000 for most B.Tech branches at VIT Vellore. Other campuses like Chennai, Bhopal, or Amaravati may have slightly lower cutoffs, around ranks 25,000–40,000, depending on the branch. Highly competitive branches like Computer Science or Electronics usually require higher scores, while less competitive branches may have slightly lower requirements.

For CLAT (National Law University Admission), a safe score for top NLUs such as NLU Delhi, Bangalore, or Hyderabad is around 140–145 out of 150 for General category students. Mid-tier NLUs usually require scores in the 120–135 range. Keep in mind that category-wise variations and yearly fluctuations in applicants can slightly change the cutoffs, so aiming higher than these predicted scores is always recommended to ensure a seat.

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V
Vanshika Saini
25 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 !

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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


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A
Aryan
8 Oct'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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