General Concepts of Law & Miscellaneous Legal Topics

Question 1

‘Rule of law’ concept was developed by

Answer 1

Dicey

Question 2

“Separation of Powers” concept describes by whom?

Answer 2

Montesquieu

The term “trias politica” or “separation of powers”

an 18th century French social and political philosopher.

Question 3

Which section of IPC makes dowry and other harassment of women a non-bailable offense?

Answer 3

Section 498A of the Indian Penal Code

required the bridegroom and his family to be automatically arrested if a wife complains of dowry harassment.

The law was widely abused and in 2014, the Supreme Court ruled that arrests can only be made with a magistrate’s approval.

Question 4

What is the bailable offense and non-bailable offense?

Answer 4

Bailable - Offense in which accused has the right to be released on bail

Non-bailable- Offense in which accused may be released on the bail, but court has vast discretion in the matter

Question 5

What is a cognizable offense?

Answer 5

Offense in which police can arrest without a warrant

Question 6

What are compoundable offenses?

Answer 6

Those offenses in which complainant and accused can compromise among themselves and State withdraw the criminal case

Only allowed for less serious crimes which entail a punishment of fewer than 2 years

Question 7

Which section contains punishment provisions for murder?

Answer 7

Section 302 IPC

Defined in section 300

Question 8

Which section contains the provision for cheating?

Answer 8

Section 420 IPC

Defined in 415 IPC

Question 9

Only a male below_____years and a female below ____years can be kidnapped. Anyone above that age can only be______

Answer 9

16, `18

abducted

Question 10

Which law governs the Marriage between an Indian and a foreigner?

Answer 10

Private International Law

Question 11

Which section deals with empowers GOvt to disperse ‘Unlawful Assembly”?

Answer 11

Section 144 of the Criminal Procedure Code (CrPC) of 1973

empowers an executive magistrate to issue orders in urgent cases of nuisance or apprehended danger

Section 129 of the CrPC
grants Executive Magistrates and Police officers in charge of a police station and above the power to order the dispersal of, disperse and cause to be dispersed any unlawful assembly.

Section 130
authorizes an Executive Magistrate to obtain the aid of the Armed Forces to disperse any such assembly, and

Section 131
grants any Gazetted Officer of the Armed Forces the power to use his troops to disperse a manifestly dangerous assembly even without command from a Magistrate (he must, however, contact an Executive Magistrate as soon as possible and then follow his instructions while taking any further actions).

Question 12

Which articles defines rioting?

Answer 12

Section 146 defines ‘rioting’

is defined as the offense every member of an unlawful assembly commits, when that assembly or any member of such assembly uses force or violence in pursuit of their common intention.

Question 13

Who is the designer & architect of section 144?

Answer 13

In about 1861 Officer Raj-Ratna E.F. Deboo IPS

was the designer and architect of section 144, which reduced overall crime in that time in the state of Baroda.

He was recognized for his initiative and awarded a gold medal by the Maharaja Gaekwad of Baroda for putting Section 144 in place and reducing overall crime.

Question 14

When a guardian is appointed by Court for a minor, this minority continues up to the age of___?

Answer 14

21 years

Question 15

Which law tells us that territorial water of a country extends to 12 nautical miles

Answer 15

The Law of Sea

Question 16

What is the difference between ‘mortgage’ & ‘Pledge’?

Answer 16

Pledge
Type of Security Movable

Possession of the security Remains with the lender
(pledge)

Examples of Loan Gold Loan, etc
where used

Mortgage

Type of Security Immovable

Possession of the security Usually Remains with
Borrower

Examples Housing Loans

Hypothecation

Type of Security Movable

Possession of the security Remains with Borrower

Examples Car / Vehicle Loans, Adv
against stock and debtors

Question 17

Define Pledge?

Answer 17

Pledge is used when the lender (pledgee) takes actual possession of assets (i.e. certificates, goods ). Such securities or goods are movable securities. In this case, the pledgee retains the possession of the goods until the pledgor (i.e. borrower) repays the entire debt amount. In case there is the default by the borrower, the pledgee has a right to sell the goods in his possession and adjust its proceeds towards the amount due (i.e. principal and interest amount). Some examples of the pledge are Gold /Jewellery Loans, Advance against goods,/stock, Advances against National Saving Certificates, etc.

To create a valid pledge in the eyes of Law, the three important points need to be noted :

(a) Delivery of Possession: As in bailment, in pledge too delivery of possession is required. For example, in Revenue Authority vs Sundarsanam Pictures, AIR 1968, it was held NOT to be pledge because the film producer borrowed a sum of money from a financier and agreed to deliver the final prints of the film when ready. Thus, there was no delivery of the goods at the time of the agreement;
(b) Delivery is in return for a loan or promise to perform something. Therefore, if your friend gives you his Motor-cycle to go to college, it is no pledge but can be called simple bailment;
(c) It should be in pursuance of a contract: The delivery must be done under a contract (oral or written). However, it is not necessary that delivery and loan take place at the same time. Delivery can be made even after the loan is received.

Question 18

Define Hypothecation

Answer 18

Hypothecation is used for creating a charge against the security of movable assets, but here the possession of the security remains with the borrower itself. Thus, in case of default by the borrower, the lender (i.e. to whom the goods/security has been hypothecated) will have to first take possession of the security and then sell the same. The best example of this type of arrangement is Car Loans. In this case, Car / Vehicle remains with the borrower but the same is hypothecated to the bank/financer. In case the borrower, defaults, banks take possession of the vehicle after giving notice and then sell the same and credit the proceeds to the loan account. Other examples of these hypothecations are loans against stock and debtors. [Sometimes, borrowers cheat the banker by partly selling goods hypothecated to the bank and not keeping the desired amount of stock of goods. In such cases, if the bank feels that the borrower is trying to cheat, then it can convert hypothecation to pledge i.e. it takes over possession of the goods and keeps the same under lock and key of the bank].

Question 19

Define Mortgage

Answer 19

is used for creating a charge against immovable property which includes land, buildings or anything that is attached to the earth or permanently fastened to anything attached to the earth (However, it does not include growing crops or grass as they can be easily detached from the earth). The best example when a mortgage is created is when someone takes a Housing Loan / Home Loan. In this case, the house is mortgaged in favor of the bank/financer but remains in possession of the borrower, which he uses for himself or even may give on rent.

Question 20

What is Decree vs Order of Court?

Answer 20

A decree is the official proclamation of the adjudication by the judge explaining the rights of the parties concerned with respect to the suit.

An order is the official announcement of the decision taken by the court, defining the relationship of the parties, in the proceedings

Question 21

First Administrative Reforms Commission was set up in

Answer 21

5 Jan 1966 Chaired by Moraji Desai and K. Hanumanthaiah

Question 22

How many times anti-defection law has been changed?

Answer 22

in 1985 and 2003

52nd and 91st Amendment

The anti-defection law was enacted

in 1985 52nd Amendment, Article 190 10th Schedule

by the Rajiv Gandhi government and the intention was to remove horse-trading and poaching of legislators by the parties.

The law basically states that if a legislator elected on one party’s ticket, resigns and moves to another party, his election will be nullified and he has to seek fresh elections on another party’s ticket.

However, if 1/3 of the party members left the party it did not qualify as defection.

For smaller parties in the parliament, this was still a problem because smaller numbers of party members could still be poached by other parties without invoking the Anti-Defection law.

To strengthen the Anti-defection law, this limit was increased from 1/3 to 2/3 members of the party

in the 91st Amendment, 2003

thus making it more difficult for individuals and factions within the party to defect.

Question 23

On whose recommendations, the 91st amendment (anti-defection law) was made?

Answer 23

Dinesh Goswami Committee (1990), THe Law Commission of India (170 the report) and National Commission to Review the working of Consitution

Question 24

In which amendment the proposition of reducing Cabinet’s strength to 15% of total members Lok Sabha and 15% of Legislative Assemblies of State was made?

Answer 24

91st Amendment, 2003

Question 25

Which article empowers President to grant pardons, reprieves?

Answer 25

Article 72

Question 26

Article 370 was drafted in the part………of the Indian Constitution.

Answer 26

XXI

Question 27

Article 370 which gives special status to Jammu & Kashmir exist in the Indian constitution because of the agreement between………..

Answer 27

Jawahar Lal Nehru and Maharaja Hari Singh

Question 28

when was article 370 revoked?

Answer 28

On 5 August 2019, overriding the prevailing 1954 Presidential Order

Question 29

Under which article Attorney_General has the power to be the audience in Parliament without voting power and has constitutional status?

Answer 29

Article 76

Question 30

When was the term ‘basic structure of the constitution” was introduced for the first time?

Answer 30

In Golaknath case by M.K. Nambiar but it was actually in 1973 Kesvananda case

Question 31

Who is the head of SIT dealing with Black Money?

Answer 31

Justice M.B. Shah

Question 32

Which Act deals with child marriage?

Answer 32

Child Marriage Prevention Act, 1929

Question 33

The IPC was drafted under the presidentship of?

Answer 33

Macaulay, commission constituted in 1834

drafted and submitted in 1837

revised in 1847

Submitted to Legislative Council- 1856

Finally came into force 1860

Question 34

Which article provide for free legal aid to the poor?

Answer 34

Article 39A

Question 35

What is a Lokpal?

Answer 35

Lokpal is an ombudsman institution that investigates the complaints of citizens against the government officials.

First introduced in 1968 by Shanti Bhusan

Lokpal Bill 2010 was the outcome of the Report of Santhanam committee for the Prevention of Corruption.

After ‘fast unto death’ by Anna Hazare Lok Pal came into force on 16 Jan 2014

Question 36

Which article declares that “it is the duty of India to abide by the constitution and respect its ideals and institutions, the National Flag, and the national anthem”?

Answer 36

Article 51A (a)

this provision was inserted through 42nd amendment 1976

Question 37

In which case SC held that it is necessary to stand in honor of national anthem but it is not necessary to sing in the honor?

Answer 37

Bijoe Emmanuel v. State of Kerala, AIR 1987 SC 748

Question 38

Nemo judex in causa sua (or nemo judex in sua causa)

Answer 38

“no-one is the judge in his own cause.”

It is a principle of natural justice that no person can judge a case in which they have an interest.

Question 39

ex parte order

Answer 39

An ex parte order is one that is made without the other party being made aware of it. They often provide instant relief, albeit on a temporary basis. They are issued when immediate relief is needed and when scheduling a regular hearing and providing notice to the other party is not feasible.