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CBSE Questions for Class 11 Commerce Legal Studies Family Justice System Quiz 3 - MCQExams.com
CBSE
Class 11 Commerce Legal Studies
Family Justice System
Quiz 3
Transfer of Property Act $$1882$$ covers ______________.
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movable property
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immovable property
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both (a) and (b)
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none of the above
Explanation
The Transfer of Property Act 1882 covers immovable property which a living person conveys in present or in future to one or more other living persons.
The term immovable property includes land, things attached to the land, or the things that are permanently fastened to the things attached to the land.
Hence, the correct answer is B.
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-1, B-3, C-2.
Alienation is defined as, the selling or transferring the own property to other individual.
Alimony is the pay which is paid to the wife as a compensation for maintenance by her husband.
Allegation is the believe to someone who has committed an offense.
Principal: Interfering with another's goods in such a way as to deny the latter's title to the goods amounts to conversion and it is a civil wrong.
Factual Situation: Ram went to the bicycle stand to park his bicycle and he found the stand fully occupied. Ram removed a few bicycles in order to rearrange the stand and make some space for his bicycle. He parked his bicycle properly and put back all the bicycles except the one belonging to Shyam. It was rather negligent on the part of Ram and he was in fact in a hurry to get into his office. Somebody came on the way and took away Shyam's cycle. The watchman of the stand did not take care of it assuming that the cycle was not parked inside the stand. Shyam filed a suit against Ram for conversion. Choose the correct option.
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Shyam would succeed because Ram's act led to the stealing of his bicycle
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Shyam would not succeed, because Ram did not take away the bicycle himself
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Ram would not be held liable for conversion.
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None of the above
Registration of marriage under the Hind Marriage Act, 1955 is _________________.
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compulsory
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optional
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subject to the discretion of the marriage registrar
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none of the above
Explanation
The registration of marriages under the Hindu Marriage Act 1955 is optional. Although it is not compulsory, but it is highly advisable to get a proof for legal purposes. The Hindu marriages can also be registered under Special marriage act 1954 if both the parties desire, which will then be treated as civil marriage. Hence the correct answer is B.
A husband and wife have a right to each others company. This right is called ______________.
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matrimonial right.
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consortium right.
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marital right
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conjugal right
Explanation
The rights to stay together is called as Conjugal rights. It
refers to the rights and privileges involved in the relationship of marriage. The wife and husband have conjugal rights to each others company, and these rights includes enjoyment of family life and right to found a family. Hence the correct answer is D.
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Both Assertion and Reason are correct and Reason is the correct explanation for Assertion.
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Both Assertion and Reason are correct but Reason is not the correct explanation for Assertion.
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Assertion is correct but Reason is incorrect.
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Both Assertion and Reason are incorrect.
Explanation
Assertion says that X marries another woman while his lawfully wedded wife is alive. That means he is still married not divorced. This assertion clearly indicates the Bigamy which is an offense under the Hindu Marriage Act 1955.
Reason says that he has divorced his first wife, which does not agree with Assertion.
Hence, the correct answer is C.
Husband and wife have a right to each others company. This right is called _______________.
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legal right
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matrimonial right
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consortium right
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conjugal right
Explanation
Conjugal rights are the rights of a married couple to stay together. It
refers to the rights/ privileges involved in the institution of marriage. The wife and husband have rights to each others company, which includes enjoyment of family life and right to have a family. Hence the correct answer is D.
A child born after the fathers death is a ___________________ child.
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postliminits
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bastard
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posthumous
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postea
Explanation
The word posthumous is used to describe something that happens after a person's death.
Posthumous child is a child born after his/her biological parent i.e. after father's death or in some cases the mother. Hence the correct answer is C.
After Independence, the first woman sentenced to death by the Madras Sessions Court was _________________.
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Nanvati
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Monica Bedi
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Nirmala
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Monica Shane
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. These are the persons who share among themselves, the right to inherit a person's property/ money/ undivided estate. Any individual born in a HUF becomes a coparcener by birth. 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
At common law,
chattel
included all
property
that was not real estate and not attached to real estate. Examples included everything from leases, to cows, to clothes. In modern usage,
chattel
often merely refers to tangible movable personal
property
.
Which Article of the Indian Constitution deals with Right to Education?
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Art.. 20(A)
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Art. 21(A)
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Art. 19(A)
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Art. 22(A)
Explanation
The
Constitution
(Eighty-sixth Amendment) Act, 2002 inserted
Article
21-A in the
Constitution
of
India
to provide free and compulsory
education
of all children in the age group of six to fourteen years as a Fundamental
Right
in such a manner as the State may, by law, determine.
Hence, B is the correct option.
In case of a judicial separation, the husband is obliged to maintain his divorced wife ____________.
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for 20 years
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till the children become adult
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till she gets remarried
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till the marriage of the eldest child.
PRINCIPLE: Under the Hindi Adoptions and Maintenance Act, 1956, no person shall be capable of being taken in adoption unless he or she is a Hindu, he or she not already been adopted, he or she has not been married, unless there is a custom or usage applicable to the parties which permits persons who are married being taken in adoption, and he or she has not completed the age of fifteen years, unless there is a custom or usage applicable to the parties which permits persons who have completed the age of fifteen years being taken in adoption.
FACTS: Vijay being natural father had given Tarun, a boy aged 10 years, in adoption to Manoj in March 2010 in accordance with the Hindu Adoptions and Maintenance,In May 2012, Manoj gave Tarun in adoption to Sanjay. Subsequently in December 2013, Sanjay gave Tarun in adoption to Vijay.
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Adoption of Tarun by Sanjay is valid
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Adoption of Tarun by Vijay is valid
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Adoption of Tarun by Manoj is valid
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None of the above adoptions is valid
Explanation
With reference to the legal principle, and as per the given facts, the adoption of Tarun by Manoj is valid, the reason being Tarun was 10 years old (less than 15 years of age) when he was adopted by Manoj. Also, Tarun was given for adoption to Manoj by his natural father Vijay, that means he was never adopted by anyone before. Hence the adoption of Tarun by Manoj is valid. The correct answer is C.
The minimum age for marriage is that the boy must be _________ and the girl _____________.
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$$18$$ years, $$21$$ years
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$$21$$ years, $$18$$ years
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$$18$$ years, $$18$$ years
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$$18$$ years, $$15$$ years
Explanation
According to Sec 5(iii) of the Hindu Marriage Act 1955, The minimum age for marriage for a boy is set to be 21 years, and for that of girl is set to be 18 years. In recent times, government is in process to think about increasing the girls marriageable age from 18 years to 21 years. Hence the correct answer is B.
PRINCIPLE: Under the Transfer of Property Act, 1882 a property must be transformed by one living person to another living person. The Act deals only with transfer of property between living persons.
FACTS: 'X' wants to transfer his property to the presiding deity in a temple situated within the estate of 'A'.
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Transfer of property by 'X' will be valid
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Transfer of property by 'X' will be invalid
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Transfer of property by 'X' to the presiding deity will become a valid transfer to 'A'
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None of the above
Explanation
The Transfer of Property Act (ToPA) 1882, deals with the transfer of properties between living beings only (Section 5). Here in question, X (living being) wants to transfer his property the presiding deity in a temple (non living being), hence this transfer of property is invalid. The correct option B.
Entering into a second marriage while the spouse is living is termed as _____________.
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polygamy
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monogamy
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bigamy
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none of these
Explanation
Bigamy is to marry someone while already having a living spouse. This is treated as an offense and is punishable under section 494 of IPC wherein a person can be imprisoned which may extend up to seven years. The Historical data shows that many Hindus converted themselves to Islam to practice Bigamy. Hence the correct answer is C.
PRINCIPLE: When a person fraudently or erroneously represents that he is authorized to transfer certain immovable property and professes to transfer such property for consideration, such transfer shall, at the option of the transferee, operate on any interest which the transferor may acquire in such property at any time during which the contract of transfer subsists.
FACTS: 'A', a Hindu who has separated from his father, 'B' sells to 'C' three fields, 'X', 'Y' and 'Z', representing that 'A' is authorized to transfer the same. Of these fields, 'Z' does not belong to 'A', it having been retained by 'B' on the partition, but on 'B's dying 'A' as successor obtains 'Z', and at that time 'C' had not cancelled the contract of sale.
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'A' can sell 'Z' to a third party
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'A' is not required to deliver' Z' to 'C'
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'A' is required to deliver' Z' to 'C'
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None of the above
Explanation
The principle in simple terms says that When a person fraudulently transfer a property, then transferor is bound to give any interest that he has or subsequently gets or gains in the property which is the subject matter of the contract till the time the contract subsists.
If you apply the principle to the facts, the transferor is A and the transferee is C. Now since C has not canceled the contract of sale, therefore, his right in the property Z still exists even though it was fraudulently transferred by A as he did not have the authority or entitlement to transfer the property. But since he subsequently gained after B's death. Now since here the transferor or A has gained interest over the property Z he is bound by the principle to deliver the property Z to C.
Which Articles has abolished the child labour?
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23
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27
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29
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24
Explanation
As per Article 24 of the Constitution of India, the Fundamental Rights and the Directive Principles of State Policy prohibits
child labour
below the age of 14 years in any factory or mine or castle or engaged in any other hazardous
employment.
LEGAL PRINCIPLE:
(1) An unlawful intrusion, which interferes with one's person or property constitutes trespass.
(2) An easement is the right to use another person's land for a stated purpose and has been in use of quite some time. It can involve a general or specific portion of the property.
FACTUAL SITUATION: Vijay wanted to construct a shed on his window to stop the water from leaking to his house. The shed was constructed but it protruded in Namit's house. Vijay claims it is his easementary right, Will Vijay's claim succeed?
DECIDE.
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Yes, because he has a reason to do the same.
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Yes, because right of easement exists.
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No, because there exists no right of easement.
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No, because this is encroachment on Namit's property.
Explanation
The Indian Easements Act, 1882 allows various rights to easement on the basis of necessity under Section 13. In the case of Bhagavatulu Subramania Sastri v Bhagavatulu Lakshminarasimham the Court had held that the defendant was allowed to go to the premises of the neighbour for the purpose of repairing her wall on the side of the neighbour's house.
Similarly, Vijay could use his neighbour's premise to a small extent as it is necessary to build a shed to stop leakage of water into his house.
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