List of top Questions asked in CLAT- 2015

Assertion: In India, every state has a High Court in its territory.
Reason: The Constitution of India provides for a High Court in each state.

PRINCIPLE: Doctrine of Double Jeopardy: No person shall be prosecuted and punished for the same offence twice.
FACT: Maqbool brought some gold into India without making any declaration to the Customs department on the airport. The custom authorities confiscated the gold under the Sea Customs Act. Maqbool was later charged for having committed an offence under Foreign Exchange Regulation Act.

Assertion: Custom per se is law, independent of prior recognition by the sovereign or the judge.
Reason: Custom is source of law but by itself is not law.

Assertion: Idol is a person who can hold property.
Reason: Only human being can be called person not the lifeless things.

Assertion: Republic Day is celebrated on 26th January every year in the country.
Reason: The Constitution of India came into force on 26th January 1950.

Assertion: Laws are means of achieving an end namely social control.
Reason: The ultimate end of law is to secure greatest happiness to greatest number.

Assertion: Attempt to commit an offence though does not result in any harm, should also be punished.
Reason: A person who tries to cause a prohibited harm and fails, is, in terms of moral culpability, not materially different from the person who tries and succeeds.

Assertion: The Council of Ministers at the centre is collectively responsible both to the Lok Sabha and Rajya Sabha.
Reason: The members of both Lok Sabha and Rajya Sabha are eligible to be ministers of the Union Government.

Assertion: The reservation of thirty–three percent of seats for women in Parliament and State Legislature does not require Constitutional Amendment.
Reason: Political parties contesting elections can allocate thirty–three per cent of seats they contest to women candidates without any Constitutional Amendment.

Assertion: Every person should have the freedom of speech and expression.
Reason: If a person is stopped from speaking then mankind will lose the truth.

PRINCIPLE: Any direct physical interference with the goods in somebody’s possession without lawful justification is called trespass to goods.
FACT: A purchased a car from a person who had no title to it and had sent it to a garage for repair. X, believing, wrongly, that the car was his, removed it from the garage.

PRINCIPLE: "Nobody shall unlawfully interfere with a person's use or enjoyment of land, or some right over, or in connection with it. The use or enjoyment, envisaged herein, should be normal and reasonable taking into account surrounding situation."
FACT: Jeevan and Pavan were neighbours in a residential locality. Pavan started a typing class in a part of his house and his typing sound disturbed Jeevan who could not put up with any kind of continuous noise. He filed a suit against Pavan.

PRINCIPLE: Agreements, the meaning of which is not certain, or capable of being made certain, are void.
FACT: A horse was bought for a certain price coupled with a promise to give Rs. 500 more if the horse proved lucky.

PRINCIPLE: A master is liable for the acts committed by his servant in the course of employment.
FACT: Sanjay is a driver working in Brookebond and Co. One day, the Manager asked him to drop a customer at the airport and get back at the earliest. On his way back from the airport, he happened to see his fiancé Ruhina waiting for a bus to go home. He offered to drop her at home, which happened to be close to his office. She got into the car and soon thereafter, the car somersaulted due to the negligence of Sanjay. Ruhina was thrown out of the car and suffered multiple injuries. She seeks compensation from Brookebond and Co.

PRINCIPLE: Nuisance as a tort (civil wrong) means an unlawful interference with a person’s use or enjoyment of land, or some right over, or in connection with it.
FACT: During the scarcity of onions, long queues were made outside the defendant’s shop who having a license to sell fruits and vegetables used to sell only 1 Kg. of onion per ration card. The queues extended on to the highway and also caused some obstruction to the neighboring shops. The neighboring shopkeepers brought an action for nuisance against the defendant.

PRINCIPLE: Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.
FACT: A takes his son B who is three years old, for a bath to the well. He throws his son inside the well so that he could have a good bath. After 10 minutes he also jumped in the well to take a bath and take his son out of the well. Both were rescued by the villagers but his son was found dead.

PRINCIPLE: A person is said to be of sound mind for the purpose of making a contract if, at the time when he makes it, he is capable of understanding it and of forming a rational judgment as to its effect upon his interests.
FACT: Mr. X, usually of sound mind but occasionally of unsound mind, enters into a contract with Mr. Y when he is of unsound mind. Y came to know about this afterwards and now wants to file a suit against Mr. X.

PRINCIPLE: Everybody is under a legal obligation to take reasonable care to avoid an act or omission which he can foresee would injure his neighbor. The neighbor for this purpose, is any person whom he should have in his mind as likely to be affected by his act.
FACT: Krishnan, while driving a car at high speed in a crowded road, knocked down a cyclist. The cyclist died on the spot with a lot of blood spilling around. Lakshmi, a pregnant woman passing by, suffered from a nervous shock, leading to abortion. Lakshmi filed a suit against Krishnan claiming damages.

PRINCIPLE: When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal.
FACT: Ramanuj telegrammed to the Shyamsunder, writing: “will you sell me your Rolls Royce CAR? Telegram the lowest cash price.” Shyamsunder replied by telegram: ‘Lowest price for CAR is Rs. 20 lacs.’ Ramanuj immediately sends his consent through telegram stating: ‘I agree to buy the CAR for Rs. 20 lacs asked by you.’ Now Shyamsunder refused to sell the CAR.

PRINCIPLE: Preparation is not an offence except the preparation of some special offences.
FACT: Ramesh keeps poisoned halua in his house, wishing to kill Binoy whom he invited to a party and to whom he wishes to give it. Unknown to Ramesh, his only son takes the halua and dies. In this case

PRINCIPLE:\( \textit{injuria sine damnum} \)i.e., injury without damage.
FACT: SONU, a returning officer at a polling booth, wrongly refused to register a duly tendered vote of MONU, a qualified voter. The candidate whom MONU sought to vote was declared elected.

PRINCIPLE: Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent moves that property, such taking is said to commit theft.
FACT: RAMU cuts down a tree on RINKU’s ground, with the intention of dishonestly taking the tree out of RINKU’s possession without RINKU’s consent. A could not take the tree away.

DISUSE: Some words fall into disuse as technology makes objects obsolete.

OBVIATE: The new mass transit system may obviate the need for the use of personal cars.