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CBSE Questions for Class 11 Commerce Legal Studies Judiciary - Constitutional Civil Criminal Courts And Processes Quiz 4 - MCQExams.com
CBSE
Class 11 Commerce Legal Studies
Judiciary - Constitutional Civil Criminal Courts And Processes
Quiz 4
When a court finds some material difference between the facts of the case currently under consideration and the facts of an earlier case which established a precedent the court can ________________.
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overrule the earlier case
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reverse the earlier decision
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disapprove the earlier case
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distinguish the earlier case
Explanation
The court can disapprove of the earlier case.
A coupling precedent of reference is already a decided case which a court must follow. In any case, a past case is possibly official in a later case if the legitimate standard included is the equivalent and the realities are comparable. Recognizing a case on its realities if it's a little bit different the new statement or decisions can be made.
The 'Securities Appellate Tribunal'(SAT) is a
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Quasi-judicial body established by Central Govt.
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Judicial body established by Supreme Court
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Regulatory body established by SEBI
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Remedial body established by RBI
Explanation
The 'Securities Appellate Tribunal'(SAT) is a
Quasi-judicial body established by Central Govt.
What does ex parte decision mean?
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Decision given after hearing both the parties.
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Decision given
without proper procedure.
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Decision given
after observing proper procedure.
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Decision given
without hearing the opponent.
Explanation
A judicial proceeding, order, or injunction is said to be ex parte when it is taken or granted at the instance and for the benefit of one party only and without notice to or contestation by, any person adversely interested.
'Corroborative evidence' means __________________.
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main evidence in case
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evidence which supports other evidence
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evidence that proves the guilt of an accused person
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evidence of a person who supports the accused
Explanation
Evidence which supports other evidence. Corroborating evidence (or corroboration) is evidence that tends to support a proposition that is already supported by some initial evidence, therefore confirming the proposition. For example, W, a witness, testifies that she saw X drive his automobile into a green car. Meanwhile, Y, another witness, testifies that when he examined X's car, later that day, he noticed green paint on its fender. There can also be corroborating evidence related to a certain source, such as what makes an author think a certain way due to the evidence that was supplied by witnesses or objects.
Sometimes, an accused seeks pardon from the court and offers to give evidence against all others involved in a crime. He is called __________.
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witness
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clone
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approver
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accomplice
Explanation
Considering that there is one principal accused in a crime along with one more accused. In this case, the second accused gives evidences and witnesses to prove that the principal (first) accused has committed the crime. In such instance, the accused who does that is known as an "Approver" in the case.
Medical Science used for investigating crimes is known as __________.
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criminal medicine
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epistemological science
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forensic science
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ontological science
Explanation
Forensic science is the branch of science which is used during criminal investigation to analyze the evidence.
When a person is prosecuted for committing a criminal
offence, the burden of proof is on ___________.
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accused
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prosecution
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police
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complainant
Explanation
The burden to prove the blame of the accused lies on the prosecution. The respondent has a protected right to a jury procedure in most criminal issues. The defendant has no pressure but if prosecution proves the offence than case can be filed and accused can be punished.
Hence, B is the correct option.
A person who goes under-ground or evades the jurisdiction
of the Court is known as __________.
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offender
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under-ground
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absentee
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absconder
Explanation
Absconder is someone who slows down the procedure of jurisdiction by means of hiding himself or avoiding the legal process in court. He is someone who diminishes himself from the procedure which results in the ineffectiveness of justice or as delayed justice.
Past decision of the courts for future cases is known as __________________.
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Customs
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Previous work
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Precedents
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Historical record.
Explanation
Precedent means some set pattern guiding the future conduct. The precedent on an issue is the collective body of judicially announced principles that a court should consider when interpreting the law. The doctrine of precedent declares that cases must be decided the same way when their materials facts are the same.Obviously, it does not require that all the facts should be the same.
The temporary release of a prisoner is called _________.
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parole
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amnesty
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bail
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pardon
Explanation
A is the correct option.
Parole is the provisional or temporary release of a prisoner who agrees to certain conditions prior to the completion of the maximum sentence period.
Offence which can be compromised between the parties is known as ______________.
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non-compoundable offence
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cognizable offence
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compoundable offence
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non-cognizable offence
Explanation
Compoundable offence are less serious offence under Section 320 IPC. Court permission is not required before compounding- Examples of these offences include adultery, causing hurt, defamation criminal trespass.
Court permission is required before compounding - Examples of such offences are theft, criminal breach of trust, voluntarily causing grievous hurt, assault on a woman with intention to outrage her modesty, dishonest misappropriation of property amongst others.
What does doctrine of double jeopardy mean?
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A person should not be punished more than once for the same offence.
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A person should be punished more than once for the same offence.
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A man may be put twice in peril for the same offence.
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A man may commit the same offence twice but will get punishment once only.
Explanation
The concept of double jeopardy alludes that no one should be punishable for the offence twice. The Double jeopardy will join when the court swears in the jury. Double jeopardy will apply on the off chance that the litigant has been cleared on the charge or sentenced, at that point the legislature can't retry the respondent on a similar offence or a lesser offence that was converged inside the offence.
Release of prisoner before completion of his sentence is called _________.
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release
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parole
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acquittal
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lease
Explanation
Parole is the provisional release of a prisoner who agrees to certain conditions prior to the completion of the maximum sentence period.
What is 'Euthanasia'?
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It is the name of a capital of an East European country.
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It is the name given to human ailment or disease.
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It is the same thing as penalty shot in Ice hockey.
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A belief and practice in ending a life in order to relieve it of pain and suffering.
Explanation
Option D.
Euthanasia is the procedure of intentionally taking an individual's life to give him relief from pain. It's also regarded as mercy killing.
Cr.PC stands for _______________.
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Criminal Proceedings Code
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Criminal Proceedings Court
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Criminal Prevention Code
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Criminal Procedure Code
Explanation
Cr.PC stands for Criminal Procedure Code .
The Cr.PC, 1973 is the procedural law giving the apparatus to the discipline of guilty parties under the substantive criminal law. The code contains elaborative insights regarding each Investigation, trial, and inquiry.
Result of successful prosecution is _________.
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acquittal
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discharge
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conviction
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charge sheeting
Explanation
Prosecution means when a charge is framed against a person by the court of law and when such charge is proved the person is convicted. The opposite of conviction is acquittal.
Moot courts, in law schools, are ___________________________.
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exercises of law teaching
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legal problems in the form of imaginary cases, argued by two opposing students before a bench pretending to be a real court
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imaginary class room where a student acts as a teacher
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a debate on a legal problem
Explanation
Moot court is an extracurricular activity in law schools where the students are given legal problems and they play a role of a counsel in a mock hearing , preparing and arguing cases.
The Supreme Court in its judgement held that non-payment of minimum wages is a type of forced labour.
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Asiad workers case
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Minerva Mills case
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Lokhandwala Mills case
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T. Krishnamachari case
Explanation
Asiad worker's case.
Public interest litigation works for the rights of human well being. Forced labor is any work or labor which individuals are compelled to do against their will, under danger of discipline. Practically all slaves forcibly rehearsed contain some component of constrained work.
Prosecution: Accused: ? : Defendant
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Prosecution
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Plaintiff
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Suer
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Applicant
With in the jurisdiction of which High Court does Lakshadweep fall ?
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Bombay High Court
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Kerala High Court
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Madras High Court
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Delhi High Court
Explanation
Kerala High Court .
Lakshadweep is under the purview of the High Court of Kerala. The high court of Kerala is basically located in Kochi and Lakshadweep comes under its jurisdiction.
Who is the highest Law Officer in India?
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Attorney General
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Advocate General
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Solicitor Generator
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Secretary General Law Department
Explanation
Attorney General is considered as the highest Law Officer in India.
Article 76 and 78 of the constitution tells about the Attorney General of India. He is dependable to help lawful issues of government. He additionally performs other legitimate obligations doled out to him by the President. The Attorney General has the privilege of the crowd in all Courts in India just as the privilege to take an interest in the procedures of the Parliament, however not to cast a vote.
Which Article of the Indian Constitution provides for protection in respect of conviction for offences?
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Article $$16$$
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Article $$14$$
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Article $$20$$
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Article $$21$$
Explanation
Article 20 .
This article alludes the basic principles of normal equity and gives security against subjective and unreasonable discipline to any individual who submits an offense. No person shall be forced to be a witness in his own case .
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:
Principle:
The law permits citizens to use force only for protection when necessary against imminent attack.
Facts:
P with the intention of committing theft entered the house of Q. Q,on seeing him entering, struck him with a lathi and P fell down unconscious. Thereafter, Q gave him another blow of lathi on his head which caused his death. On being prosecuted fro murder, Q took the plea of private defence. Which of the following argument is valid?
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Since Q was acting in the exercise of right of private defence of his property, he had taken a valid defence.
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Although in the defence of one's property one cannot cause death of an intruder, Q herein.
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Q has used excessive force as once P fell unconscious and there was no need for the second blow. Hence, Q's plea of right of private defence will not succeed.
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If P committed house-breaking in the night Q has a right to cause death in defense of his property, and this Q's plea should prevail.
Explanation
Q has used excessive force by one blow of lathi as P fell unconscious. Hence, Q won't succeed in the plea of defence.
Section 96 to 106 of IPC tells about the right to private defence. In the above mentioned case, Q has used excessive force which was not needed at all for his defence. Only one blow of lathi made P unconscious, and the second blow was not required. Hence, he won't succeed in right to defend himself in this case.
Hence, C is the correct option.
Principle: The consideration or object of an agreement is unlawful if the court regards it as opposed to public policy. Every agreement of which the object or consideration is unlawful is void.
Facts: 'X' promises to obtain for 'Y' an employment in the public service and 'Y' promises to pay $$Rs. 500000$$ to 'X'
Which of the following derivations is correct?
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There is a contract between 'X' and 'Y'
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There is a voidable contract between 'X' and 'Y'
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There is an agreement between 'X' and 'Y' which can be enforced by the court of law
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There is an agreement between 'X' and 'Y' which cannot be enforced by the court of law
Explanation
According to the principle given in the problem, consideration or object of an agreement is unlawful if the court regards it as opposed to public policy. In the given situation, as X promises to obtain for Y and employment in the public service and Y promises to pay $$Rs. 500000$$ to X, which is opposed to public policy. So, the agreement between X and Y cannot be enforced by the court of Law.
This section consists of fifty $$(50)$$ questions. Each question consists of legal propositions/ principles (hereinafter referred to as 'principles') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true for the purposes of this section. In other words, in answering the following questions, you must not rely on any principles except the principles that are given here in below for every question. Further you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability even if the "most reasonable conclusion" arrived at may be unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.
Principle: A pact, other than a pact to commit suicide, to suffer any harm is not an offence, provided the age of the person who has given his consent to suffer harm is above eighteen years.
Facts: A enters into a pact with B, a boy of less than $$18$$ years of age, to fence with each other for amusement. They agreed to suffer any harm which, in the course of such fencing, may be caused without foul play.
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A, while playing fairly, hurts B, A commits no offence
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A, while playing only unfairly, hurts B, A commits an offence
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A, while playing fairly, hurts B, A commits an offence
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A, while playing unfairly, hurts B, A commits no offence
Explanation
The guiding principle states that a pact to suffer any harm is not an offence provided the age of person who has given his consent to suffer harm is above $$18$$ yrs.
However in the case presented before us "B" who has given his consent to suffer harm is a minor thus "A" even though he was playing fairly will be considered offender in the eyes of Court of Law.
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Both A and R are true and R is the correct explanation of A
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Both A and R are true but R is not the true explanation of A
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A is true but R is false
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A is false but R is true
Explanation
The purpose for this is in common suit harm of notoriety is missing in light of the fact that the activity is attempted out in the open and if the individual successes his case his reasonable name will be cleared up. The second head of harm that is harm to an individual isn't being referred to.
In a common suit, there is no probability of an individual's going to prison or enduring some other sentence.
Hence, B is the correct option.
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:
Principle:
Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others is said to have committed an offence.
Facts:
Mr. Mangeskar owns a Yamaha motorcycle which was very good pick up and speed. He is studying in the IV semester of a mechanical engineering degree course. One day he was getting late for the college as he woke up late in the morning. He got ready was rushing to the college so that he would not miss the class. He was riding the motorcycle at a speed of 140 KMPH in Bangalore city which was crowded. He was very good in riding the motorcycle. People who were using the road got annoyed/scared with the way Mr. Mangeskar was riding the motorcycle.Decide.
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Mr. Mangeskar has committed an act of rash and negligent driving.
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Mr. Mangeskar is very good in driving, so there is o need for others to be panicly about his driving.
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Mr. Mangeskar is a brilliant student and he does not want to miss any class in the college.
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None of the above.
Explanation
Mr. Mangeskar has committed an act of rash and negligent driving.
Section 279 of IPC tells about the rash and negligent driving.
The punishment for committing this crime is imprisonment of upto 6 months or fine or sometimes both. In the above case, Mr. Mangeskar didn't hurt anyone in public, but, riding at the speed of 140 KMPH in public areas is an offence. Also, his act scared the people using the road which makes his driving rash and negligent.
Hence, A is the correct option.
Suppose X and Y were apprehended before administering poison Z. What is the offence committed by X and Y?
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X and Y are not guilty of conspiracy as they did not cause death of Z.
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Liability of X comes to an end and Y is only liable.
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As no offence is committed and none of them are responsible.
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X and Y are to be punished as it is immaterial whether the illegal act is the ultimate object of the agreement or merely incidental to that object.
Explanation
X and Y to be punished as illegal act as agreement.
In the above mentioned case, X and y are guilty for criminal conspiracy as they were administering poison to Z. That's the other thing, that they were apprehended behaviour. They are guilty and liable to get punished. Conspiracy has been made an offense with the intend to check radical capacity to misact which is picked up by a meeting of the minds to the methods.
Hence, D is the correct option.
Legal person is the one who_____________.
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knows the law
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is capable of being right and duty bearing unit
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is involved in legal case
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None of these
Explanation
Legal person
is being, real or imaginary whom the
law
regards as capable of rights or duties.
Legal
persons are also termed “fictitious”, “
juristic
”, “artificial” or “moral”.
Hence, B is the correct option.
A civil case becomes a fit case for appeal to the Supreme Court if____________________.
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the case had come to the High Court under an appeal from a subordinate court.
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it involves a sum of money over Rs. $$10000$$.
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it involves a point of constitutional law.
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the High Court certifies that it involves a point of law and needs interpretation of the Constitution.
Explanation
The high court certifies it involves a question on law.
Article 133 of our Indian Constitution tells about about the cases which are civil and can be appealed in the supreme court or, if high court has given such statement which should be confirmed by the supreme court.
Hence, D is the correct option.
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