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CBSE Questions for Class 11 Commerce Legal Studies Family Justice System Quiz 2 - MCQExams.com
CBSE
Class 11 Commerce Legal Studies
Family Justice System
Quiz 2
A supplies B a lunatic with the necessities suitable to his condition in life. A is entitled to be reimbursed from ___________.
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Property bequeathed by B's parents
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Property of B's next kith and kins
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B's property
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None
Explanation
A supplies B a lunatic with the necessities suitable to his condition in life. A is entitled to be reimbursed from B's property.
Which of the following is/are an exception(s) to the rule risk prima facie passes with the property.
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Delay on delivery of goods
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Sale through the mercantile agent
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Sale of unascertained goods
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None
Explanation
Delay on delivery of goods is an
exception to the rule risk prima facie passes with the property.
A child born after father's death is _________.
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posthumous
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heir
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intestate
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bastard
Explanation
The word posthumous has come from Latin word posthumus. The word posthumous is used to describe something that happens after a person's death.
Posthumous is a child born after father's death.
Some other uses of the word posthumous is 'posthumous award for bravery', 'posthumous novel' etc. Hence the correct answer is A.
DIRECTIONS: (Qs. 2-3) The given contains some basic principles and fact situation in which these basic principles have to be applied A list of probable decisions and reasons are given.
You have to choose a decision with reasons
Principles :-
The owner of a land has absolute interest on the property including the contents over and under the property.
Water flowing below your land is not yours though you can use it.
Any construction on your land belongs to you.
All mineral resources below the land belongs to the State.
Facts :-
There is a subterranean water flow under Suresh's land surface. Suresh constructed a huge reservoir and drew all subterranean water to the reservoir. As a result, the wells of all adjacent property owners have gone dry. They demanded that either Suresh must demolish the reservoir or share the reservoir water with them.
Proposed Decision :-
(a) Suresh need not demolish the reservoir.
(b) Suresh has to demolish the reservoir.
(c) Suresh has to share the water with his neighbours.
(d) The Government can take over the reservoir.
Possible reasons :-
i) Water cannot be captured by one person for his
personal use.
ii) The Government must ensure equitable distribution of water.
iii) Whatever is under Suresh's land may be used by him.
iv) Suresh has to respect the rights of others regarding water.
Your decision with the reason __________.
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(a)(iii)
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(b)(i)
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(c)(iv)
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(d)(ii)
A took Bs building on lease rental basis, unknown to either parties, the building actually belonged to A. This agreement is void because of
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Mistake of title
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Mistake of subject-matter
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Suppression of material fact
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Inadequacy of consideration
Explanation
A took Bs building on lease rental basis, unknown to either parties, the building actually belonged to A. This agreement is void because of mistake of title.
In case of a minor of whose a person of property of both a guardian has been appointed by the court or the property of the minor is under the supervision of the court or ward the age of minority extends to.....
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$$28$$ years
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$$21$$ years
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$$24$$ years
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$$18$$ years
Explanation
In case of a minor of whose a person of property of both a guardian has been appointed by the court or the property of the minor is under the supervision of the court or ward the age of minority extends to 21 years.
Which of the following is not included within the meaning of intellectual property ?
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Patents
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Copyrights
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Trade Mark
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Property of an intellectual
Explanation
Intellectual property consists of intangible property which includes creations of mind. These are the creations of human intellect such as ideas and concepts which are legally protected. Certain examples of Intellectual property are patents, copyrights and trademark, and it does not include physical property of an intellectual. Hence the correct answer is D.
Joint heirs to a property are called ____________.
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co-heirs
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coparceners
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successors
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joint owners
Explanation
Joint heirs to a property are called as Coparceners. They share equal rights and liabilities over the property. The coparceners jointly inherit the property and they have unity of possession and community of interest in joint family property. Hence the correct answer is B.
In India, the reckoning date for the determination of the age of the juvenile is the ________________.
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date of offence
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date of trial
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date of judgment
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date of arrest
Explanation
State of Jharkhand (AIR 2005 SC 2731) where the court held that “the
reckoning date for the determination of the age of the juvenile
is the
date
of an offence and not the
date
when he is produced before the authority or in the Court.”
Hence, A is the correct option.
In case of unascertained goods the property in goods in transferred only when ___________.
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the goods are ascertained and appropriated
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the price is paid
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goods are handed over to the transporter
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to satisfy all the three conditions
Explanation
In case of unascertained goods the property in goods in transferred only when
the goods are ascertained and appropriated,
The term 'Property' in goods means _______
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possession
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ownership or title
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possession with ownership
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any of the above three
Explanation
The term 'Property' in goods means ownership or title.
The reference of Hindus in Article $$25$$ of the Constitution does not include _________.
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Buddhists
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Jains
0%
Parsees
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Sikhs
Explanation
As per Article 25 of the Constitution of India, all persons are equally entitled to freedom of conscience and the right to freely profess, practise, and propagate religion subject to public order, morality and health. In Article 25 (2b), the term Hindus is used for all classes and sections of Hindus, Jains, Buddhists and Sikhs.
Hence, C is the correct option.
Study the following information and answer the question that follows:
Principle: A 'fixture' is something attached to land or a building in such a way that it is regarded as an irremovable part of the property you are considering buying. Some typical 'fixture' in a home included the hot water service, range top, wall oven, fixed floor coverings, light fittings and a bulitrin (under bench) dishwasher. Garden plants, including bushes and trees are also 'fixtures'.
Rule A. When land is sold, all 'fixtures' on the land are also deemed to have been sold.
Rule B. If a movable thing is attached to the land or any building on the land, than it becomes a 'fixture'.
Factual Situation Khaleeda wants to sell a plot of land she owns in Beghmara (Meghalaya) and the sale value decided for the plot includes the fully-furnished palatial six-bedroom house that she has built on it five years ago. She sells it to Gurpreet for $$Rs. 60$$ lakh. After completing the sale, she removes the expensive Iranian carpet which used to cover entire wooden floor of one of the bedrooms. The room had very little light and Khaleeda used this light-coloured radiant carpet to negate some of the darkness in the room. Gurpreet, after moving in, realises this and files a case to recover the carpet from Khaleeda.
Assume that in the above fact scenario, Khaleeda no longer wants the carpet. She removes the elaborately carved door to the house after the sale has been concluded and claims that Gurpreet has no claim to the door. The door is question was part of Khaleeda's ancestral home in Nagercoil (Tamil Nadu) for more than $$150$$ years before she had it fitted as the entrance to her Beghmara house.
As a judge you would decide in favour of
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Gurpreet because when the price was agreed upon, Khaleeda did not inform her about removing the carpet
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Gurpreet because the carpet was integral to the floor of the bedroom and therefor, attached to the building that was sold
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Khaleeda because a fully-furnished house does not entail the buyer to everything in the house
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Khaleeda because by virtue of being a carpet, it was never permanently fixed to the floor of the building
Explanation
(a) is correct. The facts of the case state that the sale value includes price of fully furnished house and at the time of deal the carpet was spread in the bedroom of the house and Khaleeda did not inform the buyer about her intention of removing the carpet hence it will be assumed as a part of sale and judgment will go in favour of Gurpreet.
LEGAL PRINCIPLE :
The occupier of a premise owes a duty of care to all his invitees and visitor.
FACTUAL SITUATION :
Radhika's brother, Akash,had come to visit at her place. After seeing her wealth. Akash decided to commit theft that night. While he was trying to escape that night he get electrocuted by the wires which were fixed on the boundary walls. Akash plans to sue Radhika. Will his claim succeed?
DECISION :
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Yes, because in Indian tradition, guests are like Gods.
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No, because one has to be himself cautious about his safety.
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Yes, because it is the occupiers duty to take care of its visitors.
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No, because he himself is guilty of theft. He is no longer an invitee or visitor.
Explanation
It is not a case of easement because construction if a shed in Vijay's property also pretuding in the part of Namit's property. Moreover, easement is given for temporary period with the consent of the owner of the said property. Here, Vijay constructed the shed against the will of Namit. Therefore, this is not the case of easement.
Match List I with List II.
List I
List II
A. Bigamy
$$1$$. Second marriage when first marriage is still subsisting
B. Capacity to Contract
$$2$$. Competence to enter into a legal contract
C. Capital Punishment
$$3$$. Death punishment
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A-$$3$$, B-$$2$$, C-$$1$$
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A-$$1$$, B-$$2$$, C-$$3$$
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A-$$3$$, B-$$1$$, C-$$2$$
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A-$$1$$, B-$$3$$, C-$$2$$
Explanation
Bigamy refers to a second marriage by a person when his first marriage is still existing. This is punishable under section 494 of IPC.
Capacity to contract refers to the competence or ability of a person to enter into a legal contract. This is explained in Section 10 of Indian Contract Act 1872.
Capital punishment refers to Death punishment. This is the highest degree of punishment that can be awarded to an individual.
Hence the correct answer is B.
What is the meaning of chattel?
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Any property
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Immovable property
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Movable property
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Cattle
Explanation
Chattels
are moveable items of property which are neither land nor permanently attached to land or a building, either directly or vicariously through attachment to real property.
Principle: A gift comprising both existing and future property is void as to the latter.
Facts: 'X' has a house which is owned by him. He contracted to purchase a plot of land adjacent to the said house, but the sale (of the plot of land) in his favour is yet to be completed. He makes a gift of both the properties (house and land) to 'Y'
Under the afore-mentioned circumstances, which of the following derivations is correct?
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Gift a both the properties is valid
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Gift a both the properties is void
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Gift of house is void, but the gift of the plot of land is valid
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Gift of house is valid, but the gift of the plot of land is void
Explanation
Section $$122$$ of the Transfer of Property Act states that, 'Gift' is the transfer a certain existing movable or immovable property made voluntarily and without consideration, by one person, called the donor, to another, called the doner and accepted by or on behalf of the done.
The subject matter of the gift has to be an existing property and not a future property. In the given case, gift of house is valid as it is an existing property, but the gift of the plot of land is invalid because it is a future property.
Study the following information and answer the question that follows:
Principle: A 'fixture' is something attached to land or a building in such a way that it is regarded as an irremovable part of the property you are considering buying. Some typical 'fixture' in a home included the hot water service, range top, wall oven, fixed floor coverings, light fittings and a bulitrin (under bench) dishwasher. Garden plants, including bushes and trees are also 'fixtures'.
Rule A. When land is sold, all 'fixtures' on the land are also deemed to have been sold.
Rule B. If a movable thing is attached to the land or any building on the land, than it becomes a 'fixture'.
Factual Situation Khaleeda wants to sell a plot of land she owns in Beghmara (Meghalaya) and the sale value decided for the plot includes the fully-furnished palatial six-bedroom house that she has built on it five years ago. She sells it to Gurpreet for $$Rs. 60$$ lakh. After completing the sale, she removes the expensive Iranian carpet which used to cover entire wooden floor of one of the bedrooms. The room had very little light and Khaleeda used this light-coloured radiant carpet to negate some of the darkness in the room. Gurpreet, after moving in, realises this and files a case to recover the carpet from Khaleeda.
Assume that in the above fact scenario, Khaleeda no longer wants the carpet. She removes the elaborately carved door to the house after the sale has been concluded and claims that Gurpreet has no claim to the door. The door is question was part of Khaleeda's ancestral home in Nagercoil (Tamil Nadu) for more than $$150$$ years before she had it fitted as the entrance to her Beghmara house.
Rule C. If a moveable thing is placed on land with the intention that it should become an integral part of the land or any structure on the land, it becomes a fixture. Applying Rules A and C, to the fact situations in questions $$44$$ and $$45$$, as a judge you would decide in favour of
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Khaleeda in both situations
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Gurpreet only in $$44$$
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Khaleeda only in $$45$$
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Gurpreet in both situations
Explanation
(d) is correct. Looking into the case, the facts state that Khaleeda did not disclose her intention of removing the carpet or the carved door while entering into the contract thus in both cases the judgement until going in favour of Gurpreet.
Legal Principles
:
A. When land is sold, all 'fixtures' on the land are also deemed to have been sold.
B. If a movable thing is attached to the land or any building on the land, then it becomes a 'fixture'.
C. If
a movable thing is placed on land with the intention that it should become an integral part of the land or any structure on the land, it becomes a fixture.
Facts:
Khaleeda wants to sell a plot of land she owns in Baghmara, Meghalaya, and the sale value decided for the plot includes the fully-furnished palatial six-bedroom house that she has built on it five years ago. She sells it to Gurpreet for Rs.60 lakh. After completing the sale, she removes the expensive Iranian carpet which used to cover the entire wooden floor of one of the bedrooms. The room had very little and Khaleeda used this light-coloured radiant carpet to negate some of the darkness in the room. Gurpreet , after moving in, realized this and files a case to recover the carpet from Khaleeda.
Applying the above rules If you were a judge you would decide in favor of :
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Khaleeda in both situations
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Gurpreet only
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Khaleeda only
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Gurpeet in both situations
Explanation
Gurpreet in both situations.
As the above mentioned principle states that if the movable property is linked with the land or a part of land it becomes a fixture. And, when land is about to get sold fixtures with it are also deemed to sold with it. So, according to this Gurpreet is liable to get the Iranian carpet.
Match List I with List II.
List I
List II
A.
Alienation
$$1$$.
The transfer of property
B.
Alimony
$$2$$.
Written statement of allegation
C.
Allegation
$$3$$.
Maintenance charges to wife from husband
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A-$$1$$, B-$$3$$, C-$$2$$
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A-$$2$$, B-$$1$$, C-$$3$$
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A-$$3$$, B-$$2$$, C-$$1$$
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A-$$3$$, B-$$1$$, C-$$2$$
Explanation
A. Alienation-The transfer of property.
B. Alimony -
Maintenance charges to wife from husband
C. Allegation -
Written statement of allegation
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Practice Class 11 Commerce Legal Studies Quiz Questions and Answers
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