Tll 6th National Law Quiz Prelims

The correct answer is 26 June 1945. This is the date when the UN Charter was signed. The UN Charter is a treaty that established the United Nations as an international organization. It was signed by 50 countries at the San Francisco Conference, and it came into force on 24th October 1945. The signing of the UN Charter marked an important milestone in international cooperation and the promotion of peace and security worldwide.

The correct answer is "Consent is mandatory to refer to mediation." This means that in order for a case to be referred to mediation, all parties involved must give their consent. Mediation is a voluntary process, so without the consent of all parties, the case cannot be referred to mediation. This is in accordance with Section 89, which states that the consent of parties is mandatory for mediation.

The Delhi High Court has recently allowed that Section 354A of the Indian Penal Code can be used by transgenders to register complaints of sexual harassment in December 2018.

In the case of SBP v. Patel Engineering, it was held that the appointment of an arbitrator is a judicial act. This means that the court has the authority to appoint an arbitrator in case of a dispute, and this appointment is considered a judicial act. This decision clarifies the role of the court in the arbitration process and establishes the court's power to ensure a fair and impartial arbitration process.

Intention is the stage of a crime where a person forms the purpose or desire to commit the offense. It is the initial thought or plan to engage in illegal activity. In most cases, intention alone is not punishable as it does not involve any overt action or harm caused to others. Punishment is usually reserved for the later stages of preparation, attempt, or commission, where there is a more direct involvement in carrying out the crime or causing harm to others. Therefore, intention is punishable in the least cases compared to the other stages of a crime.

The principle of Injuria sine damnum refers to a legal principle where there is an injury caused without any actual damage or loss. Bhim Singh v. State of Jammu and Kashmir reflects this principle as it involves a violation of fundamental rights without any tangible harm or loss suffered. On the other hand, the principle of damnum sine injuria refers to a legal principle where there is actual damage or loss suffered without any legal injury. Gloucester Grammar School reflects this principle as it involves actual harm or damage suffered by the school without any legal injury being caused.

The correct answer is 103. This amendment provided for 10 percent reservation for Economically weak classes recently.

Copyright is a positive right because it grants the copyright holder the exclusive right to use and exploit their work. This means that they have the power to control how their work is used, reproduced, distributed, and displayed. It is also an exclusive right because it is only granted to the copyright holder and no one else without their permission. This exclusivity allows the copyright holder to benefit financially from their work and prevent others from using it without authorization.

Champerty refers to an agreement where a third party (A) agrees to finance a lawsuit on behalf of another party (B) in exchange for a share of the proceeds. In this case, A agrees to pay B Rs 15,000 for suing C and in return, A seeks a 50% share in the proceeds received by B in the suit. This arrangement falls under champerty as it involves a financial interest in the outcome of the lawsuit.

The Minnerva Mills v. Union of India ruling overturned the effects of the 42nd Constitutional Amendment. This amendment was brought about by the government after the landmark 'Kesavananda Bharati' judgment.

The correct answer is "May overlap each other." This means that sapinda relationship and prohibited relationship can have some common elements or characteristics, but they are not completely the same. They may share certain aspects but also have distinct features that differentiate them from each other.

In this scenario, A had a contract to marry B, but before the agreed date of marriage, A married C. This action by A can be considered as an actual breach of the contract in an express manner. A explicitly violated the terms of the contract by marrying someone else instead of B. Therefore, B is entitled to sue A for actual breach in an express manner.

None of the provisions of the Arbitration Act provide for the definition of Public Policy.

KM Joseph was not a part of the famous BALCO Judgement 2016. This can be inferred from the fact that the other three options, Anil Dave, Kurien Joseph, and Amitava Roy, were all judges who were involved in the judgement. Therefore, KM Joseph is the correct answer.

The statement that an arbitration agreement can be written or oral but it should be in the form of a separate document or as part of the same contract is false. An arbitration agreement can be valid and enforceable even if it is not in writing or in a separate document. It can be implied or inferred from the conduct of the parties involved. Therefore, the statement is incorrect.

Muta marriage is considered illegal and is recognized by the Ithna Asharias school. Muta marriage, also known as temporary marriage, is a controversial practice in Shia Islam where a man and a woman enter into a temporary contractual marriage for a fixed period of time. However, this practice is not accepted by Sunni Muslims and is considered illegal in many countries. The Ithna Asharias school, also known as the Twelver Shia school, is one of the main branches of Shia Islam that recognizes and allows muta marriage.

The phrase "quid pro quo" refers to a reciprocal exchange or a trade-off. In the context of Intellectual Property Laws, "quo" stands for the monopoly granted for the term of the patent. This means that the patent holder has exclusive rights to their invention for a certain period of time, during which they can prevent others from making, selling, or using the invention without their permission.

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The Indian Patent and Design Act was enacted in 1911. This legislation was put in place to protect intellectual property rights related to patents and designs in India. It provided a legal framework for inventors and designers to secure their creations and prevent unauthorized use or reproduction. The Act has since undergone several amendments to align with international standards and address emerging issues in the field of intellectual property.

When two persons are the descendants of a common ancestor by the same wife, they are said to be related to each other by full blood. This means that they share a direct blood relationship through their common ancestor and the same biological mother. This term is used to distinguish this type of relationship from other types, such as half blood or step relationships, which may involve only partial or non-biological connections.

The statement that International Law is positive morality of state having no force is incorrect. International Law is not just a moral code, but it also has legal force and is binding on states. It is a set of rules and principles that govern the conduct of states in their relations with each other. States are obligated to comply with International Law and can be held accountable for violations. Therefore, International Law is not solely based on morality but also has legal consequences and enforcement mechanisms.

The Nicaragua case is incorrectly matched with the issue of nationality. The Nicaragua case actually dealt with the issue of armed attacks and intervention in the affairs of another state. The case was brought before the International Court of Justice by Nicaragua against the United States, alleging that the US had supported armed groups in Nicaragua and violated its sovereignty. The issue of nationality was not the main focus of this case.

The Paris Convention is India's oldest ratified convention for Patent Protection. This international treaty was established in 1883 and aims to protect intellectual property rights, including patents, trademarks, and industrial designs. It provides a framework for cooperation among countries and establishes basic principles for patent protection, such as national treatment and the right of priority. The Paris Convention has played a crucial role in harmonizing patent laws globally and promoting innovation and creativity.

Section 377 refers to a law in India that criminalized consensual homosexual acts. The statement "Partly Unconstitutional" suggests that while some aspects of the law may be deemed unconstitutional, there may be certain elements that are still considered valid. This could mean that certain provisions of Section 377 may violate constitutional rights, while other provisions may not. The answer implies that a complete repeal of the law may not be necessary, but rather a modification or removal of specific unconstitutional elements.

The correct answer is Industrial Design. Industrial design refers to the aesthetic or ornamental aspects of a product, including its shape, pattern, or color. In this case, the company wants to invest in the outer shape design of the bottle to make it distinctive and ensure that they have sole use of it. By obtaining an industrial design right, they can protect their unique bottle design from being copied or used by others without permission. This allows them to establish a recognizable and exclusive brand identity for their perfume.

A red herring prospectus is a type of prospectus that is issued by a company before the actual public offering of securities. It contains all the necessary information about the company and the securities being offered, except for the details of the price, number, or amount of the issue. This prospectus is used to gauge investor interest and generate buzz about the upcoming offering. It is called a "red herring" because it contains a disclaimer stating that the information is not complete and may be subject to change.

The right holder of intellectual property refers to the person or entity that owns the intellectual property rights. This can include the original creator or inventor of the intellectual property, as well as any subsequent owners who have legally acquired the rights. A licensee unauthorized by the owner and a successor in adverse title of the owner would not be considered the right holder, as they do not have legal ownership of the intellectual property. Therefore, the correct answer is the owner of the intellectual property.

An unpublished written work can be protected under the Indian Copyright Act. This means that even if a work has not been published or registered, it is still eligible for copyright protection. The act recognizes the rights of authors and creators to have control over their unpublished works and prevents others from copying or using them without permission. Therefore, it is not necessary for the work to be published or registered for it to be protected under the Indian Copyright Act.

The correct answer is that the law of contract generally concerns a relationship between two parties only. This means that contracts are typically formed between two individuals or entities, and the rights and obligations under the contract are enforceable between these parties. In contrast, the law of tort involves actions that cause harm or injury to others, and the injured party can seek compensation or damages from the party responsible for the harm. Tort law is not limited to a specific relationship between two parties and can involve multiple parties.

A waqf is generally non-revocable, meaning once it is established, it cannot be canceled or revoked. Waqf is a legal Islamic concept where a person dedicates a property or asset for charitable or religious purposes. The dedicated property or asset becomes permanently owned by the waqf and its benefits are used for the specified purposes. This ensures that the waqf remains in perpetuity and cannot be revoked by the person who established it or anyone else. Therefore, among the options given, waqf is the generally non-revocable concept.

When an alienation (transfer) is made by the Karta (head of a Hindu Undivided Family) without any legal necessity, it is considered voidable. This means that the transfer can be challenged by the other members of the family and can be declared invalid if it is found to be against their interests or in violation of the law. However, until it is challenged and declared void, the transfer remains valid.

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In this scenario, the correct answer is that the treaty law overrides the customary law. This is because treaties are considered binding agreements between nations and take precedence over customary law, which is based on long-standing practices and beliefs. When there is a conflict between the two, the specific provisions of the treaty will prevail over any conflicting customary law.

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The correct answer is Independent Thought v. Union of India 2017. This landmark ruling by the Supreme Court of India struck down Exception 2 to Section 375 of the Indian Penal Code 1860, which allowed for sexual intercourse with a wife who is above the age of 15 but below 18 years, even without her consent. The court declared that sexual intercourse with a minor wife, regardless of her age, would amount to rape. This decision was a significant step towards protecting the rights and well-being of minor girls in India.

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The correct answer is "None" because the inherent powers of a Sessions Court are not provided under any specific provision of the Code of Criminal Procedure (CrPC). The inherent powers of the court are derived from the general principles of justice and fairness, allowing it to pass any orders necessary to secure the ends of justice. These powers are not explicitly mentioned in any specific provision of the CrPC.

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China has never been an Observer State of the United Nations. While Spain, North Korea, and Japan have all held the status of Observer State at some point, China has not. Observer States are non-member states that have been granted permission to participate in UN General Assembly meetings and activities.

The correct answer is Section 3 (1). Section 3 (1) of the Companies Act 2013 defines the term "company". This section states that a company is a legal entity formed and registered under this Act or any previous company law. It specifies the requirements and conditions for a business to be considered a company under the Act.

The minimum subscription should be received within a maximum of 120 days. This means that the company or organization requires customers or clients to make their subscription payment within a period of 120 days at the latest. This timeframe allows the company to ensure timely payments and maintain a steady cash flow.

The correct answer is Insurance Company. An insurance company is not considered a consumer because it is a business entity that provides financial protection to individuals or other businesses in exchange for premiums. Consumers, on the other hand, are individuals or households that purchase goods or services for personal use. Therefore, an insurance company does not fit the definition of a consumer.

If the judge dies before delivering the judgment, the judgment shall not be final. This is because the judge's signature is necessary to make the judgment final. Since the judge did not have the opportunity to sign the judgment, it cannot be considered final.

The correct answer is "The Will shall prevail over the Hindu Succession Act." This is because a will is a legal document that expresses a person's final wishes regarding the distribution of their property after death. As long as the will was validly executed and not revoked, it takes precedence over the general laws of succession. In this case, although there were multiple wills and revocations, the last will created in 2005 would be considered the most recent expression of the individual's wishes and would therefore prevail over the Hindu Succession Act.

The question is asking about the section of the Civil Procedure Code 1909 under which Court referred Mediation takes place. However, the correct answer is "None," indicating that Court referred Mediation does not take place under any specific section of the Civil Procedure Code 1909. This suggests that Court referred Mediation may be governed by separate rules or regulations outside of the Civil Procedure Code.

The correct answer is "None for both [2015 Amendment]". This means that according to the 2015 Amendment, there is no minimum paid-up capital requirement for both Public and Private Companies. This implies that companies are not required to have a specific amount of capital to be registered as either a Public or Private Company.

China was the first signatory of the UN Charter. The UN Charter was signed in 1945 at the San Francisco Conference, and China was one of the original 51 founding member states of the United Nations. As a founding member, China played a significant role in the establishment of the UN and was one of the first countries to sign the Charter, solidifying its commitment to the principles and goals of the organization.

Certiorari is the correct answer because it is a writ that can be issued against purely administrative bodies. This writ is used to review the decisions and actions of administrative bodies to ensure they are within their legal authority and have not acted arbitrarily or unlawfully. It allows the higher court to examine the record of the lower administrative body and determine if any errors were made. Prohibition and Mandamus, on the other hand, are writs that are typically used to control the actions of judicial and quasi-judicial bodies, rather than purely administrative bodies.

In the event of a failure in a Lok Adalat proceeding, the parties involved are advised to refer their case to another bench. This implies that if the current bench is unable to resolve the dispute through the Lok Adalat process, the parties should seek the assistance of a different bench in order to explore alternative avenues for dispute resolution.

The given question is incorrect as there is no Indian Penal Code (IPC) in 1960. The Indian Penal Code was enacted in 1860 and has not been revised since then. Therefore, the correct answer is "None of the Above" as none of the options provided are valid provisions under the IPC.