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CBSE Questions for Class 11 Commerce Legal Studies Family Justice System Quiz 4 - MCQExams.com
CBSE
Class 11 Commerce Legal Studies
Family Justice System
Quiz 4
When property is in possession of.a person other than the owner, the owner is in ____________.
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Dispossession
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Unpossession
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Adverse possession
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None of the above.
The law relating to sale of immovable property are dealt under?
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The Indian Contract Act, 1872
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The Transfer of Property Act, 1872
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The Sale of Goods Act, 1930
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The Code of Civil Procedure, 1908
Explanation
The law relating to the sale of immovable property is dealt with under The Transfer of Property Act, 1872. This law gives a clear and systematic law for the transfer of immovable property between living persons. The term immovable property refers to the things or properties attached to Earth.
Hence, the correct option is B.
PRINCIPLES: (1) On the death of husband, the widow shall inherit the property of her deceased husband along with children equally.
(2) A widow cannot claim the property of the deceased if on the date when the question of seccession opens. she has remarried.
(3) A female acquiring property in any way has the absolute title to the property.
Apply the above three principles and decide the case of the following fact situations.
FACTS: When Sudhir, died, he had 1/3rd share of the family property, which the three brothers Rudhir, Sudhir and Yasu inherited from father, B
Sudhir died on September 23rd, 2006 without having any issue. The widow of Sudhir, Ms. Win remarried on January 1, 2007.
Rudhir and Yasu refused 'Win' the share from Sudhir's portion when Win claimed the entire property belonging to Sudhir on January 30, 2007.
Select your decision from the possible decisions given in list I and the appropriate reason from the indicated reason give in list II given below.
List I
Decisions
List II
Reasons
(a) Win cannot inherit
property of Sudhir
(i) Win does not belong to the family
(b) Win can inherit the
property of Sudhir
(ii) Win was remarried
(iii) her claim was on the date of Sudhir's death
(iv) her claim was submitted after she remarried
Your decision and reason.
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(a) (i)
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(a) (iii)
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(a) (ii)
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(a) (iv)
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redresssal) act was formulated in the year ________.
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2012
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2011
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2013
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2016
The Convention on the Elimination of All Forms of Discrimination Against Women was adopted in the year ___________
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1949
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1953
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1976
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1967
Which of these Articles of the Constitution foster gender equality and women empowerment ?
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Article 13
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Article 15
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Article 16
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Article 22
Protection of Women from Domestic Violence Act was passed in the year __________.
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2001
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1998
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2003
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2005
Under Criminal law, no criminal responsibility can be fixed upon a person below ________ years of age or upto ________ years
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18 , 22
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13, 15
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7, 12
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None of these
Explanation
Indian Penal Code 1860 or IPC says that for the purpose of criminal responsibility, the age limit is 7 to 12 years. The age of criminal responsibility refers to such an age below which the child is deemed incapable to commit an offence. Hence the correct answer is C.
Which of these amendment led to the reservation of seats for women in local bodies ?
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74th Amendment
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23rd Amendment
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73rd Amendment
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50th Amendment
Hindu Adoption and Maintenance Act was enacted in the year ______.
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1951
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1960
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1953
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1956
Good owned by A were put by her rooms in the house of B with B's permission. The rooms were locked by A's agent. Who gave the keys to H, A's husband with the permission of A. The possession of the rooms was with _____.
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A
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Agent
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B
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H
Explanation
Possession in legal terms refers to the intentionally exercising control over a thing. It can be actual possession (refers to the physical custody or control over an object) or constructive possession (refers to a position where person does not have physical custody but legally has the control over it. In the present instance, H has constructive possession over A's property as he has the keys which are symbolic of possession. Further, the present instance also falls within the category of possession with consent (possession with consent from the actual owner).
In which of the following landmark case the Supreme court framed guidelines to keep a check on the evil of sexual harassment of women at workplace?
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Delhi Domestic Women's Forum v. Union of India
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Vishakha v. State of Rajasthan
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Municipal Corporation of Delhi v. Female workers
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None of these
Choose the most appropriate option.
As per law the minimum age for the marriage of a boy and a girl in India is?
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$$21$$ years in both cases
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$$18$$ years and $$21$$ years respectively
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$$21$$ years and $$18$$ years respectively
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$$18$$ years in both cases
Explanation
Prohibition of Child Marriage Act states that, a girl in India can't marry before the age of 18, and a boy before the age of 21.
Child marriage is unlawful in India. Today, the both ladies under 18 and men under 21, can't lawfully get marital together .Guardians can be rebuffed with as long as two years in jail for planning or permitting courses of action that overlook these limitations.
A child in the mother's womb is?
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A legal person from the time of conception provided in its born alive
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A legal person from the time of conception even if it dies before it is born
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Not a legal person
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A legal person from the time pf conception provided it leaves upto seven years
Explanation
Under natural and civil law, the fetal rights are the legal rights of an unborn child, or the child who is in the mother's womb. That unborn child has got all the legal rights (inheritance rights in case of property) before the birth provided he/she is born alive. Hence the correct answer is A.
Legal Principles
Rules:
A. A minor is a person who is below the age of 18. However, where a guardian administers the minor's property the age of majority is 21.
B A minor is not permitted by law to enter into a contract. Hence, where a minor enters into a contract with a major person, the contract is not enforceable. This effectively means that neither the minor nor the other party can make any claim on the basis of the contract.
C In a contract with a minor, if the other party hands over any money or confers any other benefit on the minor, the same shall not be recoverable from the minor unless the other party was deceived by the minor to hand over money or any other benefit. The other party will have to show that the minor misrepresented her age, he was ignorant about the age of the minor and that he handed over the benefit on the basis of such representation.
Facts:
Ajay convinces Bandita, a girl aged 18 that she should sell her land to him. Bandita's mother Chaaru is her guardian. Nonetheless, Bandita, without the permission of Chaaru, sells the land to Ajay for a total sum of rupees 50 lakh, paid in full and final settlement of the price. Chaaru challenges this transaction claiming that Bandita is a minor and hence the possession of the land cannot be claimed. What can be the remedy for Ajay?
Which of the following is correct?
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Ajay should be allowed to recover the money because even though there is no contract, Bandita and Chaau should not be allowed to unjustly benefit from Ajay's money.
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Ajay should be allowed the possession of the land because. Chaaru can always decide to approve the transaction between Ajay and Bandita.
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Ajay should not be allowed to recover because he induced Bandita, a minor, to sell the land.
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None of the above
Hindu Marriage Act was passed in ________________.
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1950
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1952
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1955
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1959
Explanation
Hindu Marriage Act was passed in 1955. The purpose of enacting this act was to amend and codify the marriage laws for Hindus, along with Separation and Divorce laws. This act is applicable to the persons who are Hindu, Jain, Sikh, Buddhist by religion. Hence the correct answer is C.
A fund is bequeathed to B for life and after his death to C. On the death of testator, the legacy to C becomes.
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Vested
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Contingent
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Absolute
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Limited
Explanation
A fund is bequeathed to B for life and after his death to C, means the fund is given to B (
by will) to be enjoyed
during his lifetime, and the same will says that after the death of B, the fund is to be passed on to C. This is absolute legacy as it is given without any condition and intended to be vested immediately. Hence the correct answer is C.
PRINCIPLE: Under the Hindi Marriage Act, 1955 either the husband or the wife can move a petition for a decree of divorce on the ground of desertion. The term 'desertion' means desertion of the petitioner by the other party to the marriage for a continuous period of not less than two years immediately preceding the presentation of the petition, without reasonable cause and without the consent or against the wish of such party and includes the wilful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly. It is also said that desertion is withdrawal not from a place but from a state of things.
FACTS: Rohan, a technocrat, went, to US in January 2011 for pursuing his higher studies for a period of three years. In fact, Rohan went to US with the consent of his wife Basanti, who stayed at her parents' home, and with a promise of his return to India upon the completion of his studies. From US he has quite often been in touch with his wife. Subsequently, Rohan has got a job there in US and wishes to take his wife. She refuses to go to US and, in the meanwhile, she files a petition for a decree of divorce on the ground of desertion by her husband.
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Rohan's three year stay in US in the above context can amount to a ground of desertion for divorce
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Rohan's three year stay in US in the above context cannot amount to a ground of desertion for divorce
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Rohan's continued stay after three years can amount to a ground of desertion for divorce
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Basanti''s refusal can amount to a ground of desertion for divorce
The Shah Bano case related to __________________.
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Muslim Wife's right to divorce
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Muslim wife's right to husband's property
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Muslim Wife's right to maintenance after divorce
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Muslim wife's right to separation
Explanation
The case of Mohd. Ahmad Khan vs. Shah Bano Begum & Ors. is commonly called as Shah Bano case, wherein the apex court had upheld the decision of high court to provide the maintenance to his wife after divorce under CrPC. This case is considered as a milestone in Muslim women fight for rights in India. Hence the correct answer is C.
Given below are a legal principle and a factual situation. Apply the given legal principle to the factual situation and select the most appropriate answer to the question given below:
Legal Principle:
Whoever, intending to take dishonestly any movable property out of the possession of any person without that person's consent, moves that property with an intention to take it, is said to commit theft.
Fact:
Y cuts down a tree on Z's ground, with the intention of dishonestly taking it out of Z's possession without Z's consent. Y could not take away the tree. What will be the consequences ?
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Y can be prosecuted for theft.
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Y cannot be prosecuted for theft.
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Y can be prosecuted for attempt to theft.
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Y has neither committed theft nor attempted to commit theft.
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