Legal Knowledge CLAT Flashcards
Sushil Chandra takes over as the ___ CEC
24th
Limitation Act year
1963
Arbitration and Conciliation Act year
1996
Consensus Ad Idem meaning
agreeing to the same thing in the same sense
If a contract isn’t void ab initio, but becomes void later on, it is called
frustration of contract
How is fraud related to misrepresentation?
Fraud is deliberate misrepresentation
which is void - wager or contingent contract?
Wager
Article 12
Concept of State
Financial Emergency article
360
the first case towards the establishment of the “postal rule” for acceptance of an offer.
Adams v Lindsell, an English contract case
Where did we borrow the concept of DPSP from?
Ireland
The power of contempt is under which article?
Article 129
Article 19, 1 a
Freedom of speech and expression
Article 19, 1 g
Practise any profession, carry on any occupation, trade
Forest Rights Act (FRA) year?
2006
Compensatory Afforestation Fund Act year
2016
Medical Termination of Pregnancy (Amendment) Bill, 2020 seeks to amend the:
Medical Termination of Pregnancy Act, 1971.
article 165
Governor appoints Advocate-General for the State.
Indian Contract Act was passed in ______
1872
The offeror is also called ______ and ______
promisor and proposer
The case of Donoghue v. Stevenson illustrates ___
the law of negligence, foundations of the fault principle
M.C. Mehta v. Shri Ram Foods and Fertilizer Industries
The case is related to Principle of absolute liability
The Indian Penal Code came into effect from ______
January 1, 1862
the law which created the mechanism for levying GST
The Constitution 101st amendment Act 2016
Constitution 26th Amendment Act, 1971
the privy purses and other privileges were abolished
Article 129 and 142(2) of the Indian Constitution
empowers the Supreme court to punish for its contempt
Coparcener is a term used for a person who:
assumes a legal right in parental property by birth only
GST Council is a constitutional body under _________
Article 279A
Smt Selvi and others v. State of Karnataka 2010
shaped laws relating to Brain Mapping, Narco-analysis
The State List or List-II is a list of ___ items currently
59 (101st Constitutional amendment deleted 52 and 55)
The Concurrent List is a list of __ items in ___ schedule
Seventh Schedule; a list of 52 items (though the last item is numbered 47)
The Indian Institute of Management Act, 2017 is an Indian legislation. The Act declared:
the Indian Institutes of Management as institutions of national importance
Irish Backstop is the draft agreement between the UK and the EU that aims to prevent:
a hard border (limited number of authorised crossing points staffed by officers) in Ireland after UK leaves EU.
Under the _________, England is meant to cooperate with ______ on any arrangements for Northern Ireland
EU Withdrawal Treaty
cooperate with Brussels (EU’s Headquarter)
The Withdrawal Agreement Bill passed its third and final reading in the House of Commons on _________
9 January 2020. (On 21 January 2020, the House of Lords passed the bill after approving five amendments)
The Brexit Financial Settlement (Divorce Bill) is a sum of money UK needs to pay to the EU for:
settling all shares of the financial obligations undertaken while being a member of the EU.
_____ was a peace agreement bw the British and Irish govts on how Northern Ireland should be governed.
The Good Friday Agreement
or the Belfast Agreement
State List
Entry 14
Agriculture, including agricultural education, research; protection against pests, prevention of plant diseases.
___ seeks to bypass middlemen and numerous cesses applicable to farmers selling produce in APMC mandis
The Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Ordinance, 2020
___ passed order designating all warehouses of FCI and state warehousing corporation as mandis, thus retaining power to charge mandi fees.
Rajasthan; Punjab might also be amending its mandi Act to declare the entire state a Principal Market Yard
______ vests the Supreme Court with original jurisdiction over any dispute arising between the states or between the centre and state
Article 131; Kerala has become the first state to move SC challenging CAA
______of the Indian Constitution provides that the trade, commerce and intercourse in the country should be free throughout the country.
Article 301 (If A lives in Maharashtra and wants to sell his goods to B who lives in MP, he can’t be restricted)
GIs have been defined under Article ___ of the ___ Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement
Article 22 (1) WTO Agreement
The Finance Commission is constituted by the President under ______, mainly to give its recommendations on distribution of tax revenues
article 280 of the Constitution
Uniform Civil Code (UCC) is defined in our Constitution under Article ___ of Directive Principles of State Policy
Article 44
The KBC petition was heard by a ___ bench, the largest-ever bench in the history of the Supreme Court.
13-member
Kesavananda Bharati vs. The State of Kerala is a major decision during _________’s tenure as chief justice
Sarv Mittra Sikri (was the 13th Chief Justice)
Election Commission of India operates under the authority of Constitution per which Article?
Article 324
Geographical Indications of Goods (Registration and Protection) Act, 1999 has come into force w effect from:
15 September 2003.
_________ ended the monopoly of the East India Company in India
Charter act of 1813
Section ___ is on punishment for defamation. In India, defamation is both civil and criminal offence.
500
Name the high court that has jurisdiction over the Indian state of Uttar Pradesh
The Allahabad High Court
Chairperson and members of the NHRC and SHRC will hold office for:
five years or till the age of 70 years, whichever is earlier.
_________ is a Somali lawyer and judge who is the current President of the International Court of Justice.
Abdulqawi Ahmed Yusuf
Dishonor of cheque was made an offence in the year 1988 under which Act?
Negotiable Instruments Act, 1881
The first Law Commission of independent India was established in ______ for a three-year term.
1955
The first Law Commission was established during the British Raj era in 1834 and was chaired by:
Lord Macaulay.
The ICJ has a total strength of 15 judges who are elected by members of the:
UN General Assembly and the Security Council
President of India appoints a person who is qualified for the post of _________ as the Attorney General
Supreme Court Judge
When did India enact Disaster Management Act, laying out an institutional framework for managing disasters
In 2005
In India, workers won the legal right to form trade unions in 1926, when the _________ was adopted.
Trade Union Act (TUA)
Under which Act the Company’s territories in India were termed ‘British possessions’?
Pitt’s India Act, 1784
Also known as the East India Company Act
_________ was passed by Lord Lytton and came to be nicknamed “the gagging Act”
Vernacular Press Act, 1878
Which High Court has quashed the Judicial Services Preliminary exam finding errors in the questions asked?
Chattisgarh High Court
Which Court has set aside 57 orders passed by a Foreigners Tribunal finding procedural irregularities?
Gauhati High Court
Appellate jurisdiction of the supreme court can be invoked under which Articles?
Article 132(1), 133(1) or 134 of the Constitution
Which Article provides that all persons have equal right to freely profess, practice and propagate religion?
Article 25
The six religions in India which have been awarded “National minority” status are Muslims, Christians and:
Sikhs, Jains, Buddhists, Zoroastrians.
Under Madhya Pradesh law, a person can be sentenced to ___ for converting unlawfully.
a jail term between one and five years
Article 356 was used for the first time in ______ on 20 June 1951.
Punjab
Proclamation of President’s Rule under Article 356 of the Constitution stands for how much time?
six months
MHA declared National Socialist Council of Nagaland (NSCN) as an unlawful association under which act?
Unlawful Activities (Prevention) Act 1967
_____ was originally called the J&KState Land (Vesting of Ownership Rights to the Occupants) Act 2001
Roshni Act
A claim of non est factum means that the contract was signed by mistake, without knowledge of:
its meaning, nature of contract
Commission of the act abetted is _________ for the offence of abetment.
not necessary
The landmark judgement which decriminalizes adultery in India:
Joseph Shine v. Union of India
Under the offence of abduction, the victim can be of which age group?
can be both major or minor.
_________ of the Constitution grants the President certain law-making powers to promulgate ordinances
Article 123
_________ is a law which was first enacted to tackle bubonic plague in Mumbai in former British India
Epidemic Diseases Act, 1897
In 2010, Delhi High Court in ______ granted female SCC officers in the Army and Air Force the right to PC
Babita Puniya case
_________ is a landmark decision by the Supreme Court of India, which declared transgender people to be a ‘third gender’
National Legal Services Authority v. Union of India
The practice of a separate Railway Budget was started by the British in 1924 under the recommendation of
a 10-member _________ in 1920-21.
Acworth Committee
Ministry of Electronics and Information Technology banned Chinese mobile apps under Section 69A of which Act?
Information Technology Act (IT Act), 2000
The thermonuclear application makes Lithium as ‘Prescribed substance’ under ___ which permits AMD for exploration of Lithium in various geological domains
the Atomic Energy Act, 1962
EIA 2020 reduces opportunities for public participation by reducing the time window for public response to ___ days from the existing 30
20
The first constitution in the world which conferred the constitutional status to the environment protection is ______
India
The 2006 notification required that the project proponent submit a report every six months. However, the new EIA draft requires the promoter to submit it:
only once every year.
_________ is the defence in which the person who has committed a wrong is exempted from liability because the victim of such a wrong gives his consent
Volenti non fit injuria
The Constitution listed ___ languages — Assamese, Bengali, Gujarati, Hindi, Kannada, Kashmiri, Malayalam, etc — in Eighth Schedule, in 1950 (originally)
14
The Central Information Commission has been constituted with effect from 12-10-2005 under the _________
Right to Information Act, 2005
Following severe opposition the issue of OBC reservation reached the SC in ______. This case is known as ‘Indira Sawhney Judgment’ or Mandal Case.
1992 (9 judge bench, 6:3 verdict)
Which article allows the Supreme Court of India to pass any order necessary to do “complete justice” in any case?
Article 142
Which Schedule contains a list of central and state laws which can’t be challenged in courts? Currently, 284 such laws are shielded from judicial review.
Ninth Schedule
From January 26, 1950 until ______, the ECI was a single-member body, with only a Chief Election Commissioner (CEC)
1989 (two additional commissioners appointed)
In 1978, the ________ was passed by the then ruling Janata Party, repealing the right to property accorded to every citizen in Article 19(1)(f)
Constitution (44th) Amendment Act
The use of force by states can either be lawful or unlawful. Employment of hostile act nevertheless lawful is called:
Retortion (called reprisal if it is unlawful)
Part ___ of the Constitution refers to the panchayats. It was inserted in the Constitution by the 73rd Constitutional Amendment.
Part IX (Eleventh Schedule)
S.361 IPC provides the definition of Kidnapping. The age of minority defined for the offence is _________ for male and _________ for female.
16 years for male; 18 years for female
There are 25 High Courts in India. The union territory of Andaman and Nicobar falls under the jurisdiction of _________ High Court.
Calcutta High Court
There shall be a Supreme Court of India consisting of a Chief Justice of India and such number of other judges not being less than seven. Which article states this?
Article 124(1)
There are currently 29 judges in the SC (including the Chief Justice of India) and maximum possible strength is ___
34 (33+1)
Appointed to the apex Court in 1989, who became the first female judge to be a part of the Supreme court of India?
Fathima Beevi
With _________ the Telangana High Court got its first woman Chief Justice. At present she is the only woman Chief Justice in the country.
Hima Kohli
_________, the first woman judge to be appointed to the Supreme Court Bench directly from the Bar, retired recently
Justice Indu Malhotra
Which Article does, in principle, enable Parliament to provide for domicile-based preferential treatment in public employment?
Article 16(3)
There were voices in the Constituent Assembly, most notably ________, who were advocating for residential qualifications as the bedrock of a strong federalism.
Mahavir Tyagi
Article 371 (D) safeguards the rights of local people in employment and education and was created after agitation in the state of _________.
Andhra Pradesh
Directorate of Enforcement is a specialized financial investigation agency under the _________, Government of India
Department of Revenue, Ministry of Finance
_________ had moved courts in 9 countries to enforce its $1.4 billion arbitral award against India (the company won after a dispute over capital gains tax)
Cairn Energy
The Permanent Court of Arbitration (PCA) is an intergovernmental organization located at The Hague in _________
the Netherlands
On _________ India signed its first BIT (Bilateral Investment Treaty) with its erstwhile colonial ruler, the UK.
14 March 1994
_________ refers to the sum of money the law imposes for a breach of some duty or violation of some right.
Damages
Qui facit per alium facit per se is a Latin legal term that means, “He who acts through another does the act himself.” It is a fundamental legal maxim of the law:
The law of agency
Acc to love jihad law, marriages solemnised for the purpose of conversion will be declared void and the burden of proof shall lie on the _________.
accused
Constitution of India guarantees the right to freedom of religion to not only individuals but also religious groups in India. This is enshrined in Articles _________.
Articles 25 to 28
6 out of 28 states have a State Legislative Council. These are _________. The latest state to have a council is Telangana. (B-MUTKA)
Andhra P, Karnataka, Telangana, Maharashtra, Bihar, UP
“A Minister who for any period of 6 consecutive months is not a member of the Legislature of the State shall at the expiration of that period cease to be a Minister.”
Article 164(4) of the Constitution
Article ______ says that a Minister who is not a member of either House of the Parliament for 6 months shall cease to be a Minister on expiration of such term
Article 75(5)
The National Commission for Women (NCW) is a statutory body of the Government of India. When was it formed?
1992
_________ legislature passed a government-backed resolution that would allow tribals in the state to identify with a distinct religion.
Jharkhand (the Sarna Code)
Minister of State for Home Affairs __________ introduced the Jammu and Kashmir Reorganisation (Amendment) Bill, 2021 in the Rajya Sabha
G Kishan Reddy
__________ has created two secure and flexible services to facilitate cybercrime related communication among law enforcement agencies
The Interpol
The potential seating capacity of the Rajya Sabha is
250 (238 elected, 12 appointed), according to which Article of the Indian Constitution?
Article 80
The United Nations Human Rights Council (UNHRC) is a United Nations body. The UNHRC has ___ members elected for staggered three-year terms
47 members
A member of the Democratic Party, Biden served as the 47th Vice President and represented _________ in the United States Senate from 1973 to 2009
Delaware
The International Energy Agency (IEA) is a Paris-based autonomous intergovernmental organisation
established in the framework of the OECD in ______
1974 (in the wake of the 1973 oil crisis)
Banking Ombudsman Scheme was introduced under the Banking Regulation Act of ______ by RBI with effect from ______
1949
1995
_________ mandates that all minorities, whether based on _________, shall have the right to establish and administer educational institutions
Article 30
religion or language
SC allowed the minority educational institutions to admit eligible students of their choice and to set up a reasonable fee structure in the judgement delivered in:
the Secretary of Malankara Syrian Catholic College case (2007).
Code on Social Security Bill, 2020 will replace ______ social security laws
nine
The State Disaster Response Fund (SDRF) was constituted based on the recommendations of the _________
13th Finance Commission.
The _________ High Court heard intervention applications filed by politicians and lawyers against the state government’s vaccination policy
Chhattisgarh
SFB (Small Finance Bank) loan to _________ for on-lending to be classified as priority sector lending
MFIs (Micro Finance Institutions)
The _________ Government has imposed a total ban on glyphosate, a controversial herbicide that is used in cotton farms to kill weeds
Telangana
The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister. which article?
164
In ______, the Parliament passed the Prasar Bharati (Broadcasting Corporation of India) Act. It provided for the establishment of a broadcasting corporation
1990
The Supreme Court, in 2021, held that which Act removed the power of the states to identify socially and educationally backward classes?
102nd Amendment Act 2018
_________ is a landmark decision of the Supreme Court of India. This judgement led to the First Amendment of the Constitution
State of Madras v. Champakam Dorairajan
______ was established by amending the Constitution of India through the 99th Constitution Amendment Act 2014
NJAC - National Judicial Appointments Commission
_________ Bill, 2021 prohibits all private cryptocurrencies and provides for an official digital currency to be issued by the Reserve Bank of India
Cryptocurrency and regulation of Official digital currency
Who was the first judge in independent India whose removal motion was passed in Rajya Sabha for misappropriation of funds?
Soumitra Sen of the Calcutta High Court
The Extradition Treaty between the UK and India was signed on 22 September ______ and was ratified on 15 November the next year
1992
Which judgment had found that Section 66A of the IT Act was contrary to both Articles 19 (free speech) and 21 (right to life)?
Shreya Singhal v. Union of India judgement 2015
Article ___ deals with National Commission for Scheduled Castes. Article ______ deals with National Commission for Scheduled tribes
338 and 338 A
The first Commission for Scheduled Castes and Scheduled Tribes was set up in 1978 with _________ as Chairman. This commission was later bifurcated.
Bhola Paswan Shastri
Some human rights are _________, which means they can be restricted in some circumstances and within limits
qualified rights (absolute rights have no restriction)
What is the name of the Commission which has been entrusted with the sub-categorization of Other Backward Classes (OBC)?
The Justice Rohini Commission
When an application for recounting of votes is made the ______ shall decide and may allow the application in whole or in part or may reject it in its entirety
returning officer
In view of the provisions of Article ______ the Council of Ministers shall all be collectively responsible to the Legislative Assembly of the State
164(2)
Name the famous case in which the Supreme Court declared the resign-and-reappoint bid as “improper, undemocratic, invalid and unconstitutional”
S.R. Chaudhuri vs State Of Punjab & Ors case
