Author: Legalprudentia

3rd National Moot Court Competition by Swami Devi Dyal Law College ( July-15th & 16th), Register by 5th June 2021.

Swami Devi Dyal Law College, Panchkula, Haryana is organizing the 3rd National Moot Court Competition 2021 to be held from 15th to 16th July 2021.

ABOUT THE COLLEGE

Swami Devi Dyal Law College started functioning in 2007-2008. The ambiance and serenity of this Law College provides a healthy environment for the studies. The college has highly qualified, experienced and vibrant teaching faculty which provides an excellent blend of rigger and relevance in teaching. Students touch the lives of wide cross section of society by visiting old age home and villages. Students and faculty actively participate in outreach program where they contribute their knowledge and provide technical expertise to community by visiting school and colleges.


ABOUT THE MOOT COURT COMPETITION 


Moot Court Competition is a form of an oral proceeding similar to that of a court proceeding practiced to see that how efficient a student is in making an argument based on law. With current unprecedented times looming over the economy, there is need to call out all the stakeholders to act pro-actively. With change in the daily activities, there has arisen a steadfast need for complete technological shift. This shift also includes change in how education and related academic activities must be administered. Online Learning has become the new normal and students and professionals around the Globe are becoming more and more accustomed to it. In order to Aid this online Moot Court Competition is being organised. The objective of the Moot Court Competition is to develop the academic and advocacy excellence among students and inculcating the spirit of leadership and teamwork, leading to academic and professional excellence. In this competition a proper court scenario is created where the students act like the Councilors (Advocates) presenting each side (Plaintiff and Defendant) on the basis of evidences and substantive questions of law argue with each other to prove their point in front of the judge who in the end will give his judgment in the same regard and will also declare the winner who has performed the best.

Eligibility

The Competition is open to bona-fide undergraduate students from recognized Colleges/Institutions/Universities who are currently pursuing their bachelor’s degree in Law i.e. 3-year LL.B. or 5 year Integrated or Honours LL.B. Programme with all combinations on a regular basis.

Venue

Due to the ongoing pandemic, the competition will be conducted online. Meeting URL will be shared with the participants at the appropriate time.

REGISTRATION

All interested teams shall, first, register themselves by filling the Registration Form latest by 5th June, 2021, 11:59 P.M.   
by clicking the link:-https://docs.google.com/forms/d/e/1FAIpQLSe9GKjj_u7ilN-kfUwSvvZPFjbrH0pRGVG1_K1BvwWjfI31Ug/viewform?usp=sf_link


FEES Rs 500/- per team (To be deposited within stipulated time as per rules.)


MODE OF PAYMENT 
Mode of payment of the registration fees shall be via Google Pay only to be made on following no. :- 9996330015.
*In case of any confusion participants can call at this Mobile No. before payment. 

*After payment transaction details must be shared at sddlcmootcourtcompetition@gmail.com

FOR FURTHER DETAILS CONTACT  


Dr. Gurdeep Kaur (Assistant Professor)  –        8901459977

Ms. Nidhi Kathuria(Assistant Professor)-        7015776072

Ms. Pratibha Sainsaith ( Assistant Professor) – 9878037166


    E-mail:-    sddlcmootcourtcompetition@gmail.com

Download the official documents with complete details from following links:-

3rd National Moot Court Brochure.docxDownload
Rules-and-regulations Moots 2021.docxDownload
Moot court problem 2021.docxDownload

Company Law MCQs

1. What is known as a charter of a Company?

[A] Memorandum of Association

[B] Bye laws

[C] Articles of Association

[D] Prospectus

Answer: Option [A]

2. Minimum paid up capital for a public company

[A] 500000

[B] 400000

[C] 300000

[D] 200000

Answer: Option [A]

3. The name of a company can be changed by__________.

[A] an ordinary resolution

[B] a special resolution

[C] the approval of the union government

[D] a special resolution and with the approval of the central government

Answer: Option [D]

4. The __________defines a companys relations with the outside world.

[A] prospectus

[B] memorandum of association

[C] articles of association .

[D] statement in lieu of prospectus .

Answer: Option [B]

5. The most important document of a company is its__________.

[A] prospectus

[B] annual report.

[C] memorandum of association

[D] articles of association

Answer: Option [C]

6. Mark out the type of alteration that is permitted in the articles of association____.

[A] that may not be in the companys interest .

[B] that is contrary to the provisions of the companies act.

[C] that increases a members liability without his written consent .

[D] that is consistent with the memorandum of association .

Answer: Option [D]

7. Mark out the document that need not be prepared and registered with the registrar of companies in public limited companies.

[A] statutory declaration

[B] memorandum of association .

[C] articles of association .

[D] directors undertakings to take up and pay for qualification shares

Answer: Option [C]

8. The share capital of a company may be reduced by __________.

[A] an ordinary resolution

[B] a special resolution

[C] a resolution of the board of directors

[D] obtaining permission from the company law board

Answer: Option [B]

9. The ___________ on equity shares is not cumulative.

[A] dividend

[B] profit

[C] loss

[D] reserve

Answer: Option [A]

10. The ___________ constitute the top administrative organ of the company. .

[A] general manager .

[B] shareholders.

[C] board of directors.

[D] advisory panel.

Answer: Option [C]

11. A directors election takes place in a general meeting through a separated Resolution passed by a _______ majority

[A] single

[B] two-thirds

[C] three-fourths.

[D] five-sixths .

Answer: Option [A]

12. The total managerial remuneration to the directors and the manager in respect of any financial year must not exceed _________ percent of the net profit.

[A] one

[B] three

[C] eleven

[D] ten

Answer: Option [C]

13. Where a company has three directors, the maximum remuneration payable to all of them is ________% of the annual net profit

[A] 5.

[B] 10.

[C] 20.

[D] 25.

Answer: Option [B]

14. A person cannot act as managing director of more than _______company /companies at a time

[A] one

[B] two

[C] four

[D] five

Answer: Option [B]

15. The partnership entity may be regarded as ____________.

[A] a legal entity .

[B] an accountable entity .

[C] both a legal and accountable entity .

[D] neither a legal nor an accountable entity

Answer: Option [D]

16. The amount of minimum subscription may be learnt from the ______________.

[A] prospectus

[B] memorandum of association

[C] articles of association .

[D] records of general meetings

Answer: Option [A]

17. When can a private company commence business ?

[A] at any time

[B] after applying for registration.

[C] after obtaining the certificate of incorporation.

[D] after obtaining the certificate of commencement of business .

Answer: Option [C]

18. An exception to the doctrine of constructive notice is____________.

[A] the doctrine of ultra vires .

[B] the doctrine of indoor management .

[C] lifting the corporate veil

[D] the doctrine of ultra vires in Articles of Association.

Answer: Option [B]

19. A prospectus is to be issued within _______days of registration.

[A] 30

[B] 60

[C] 90

[D] 180

Answer: Option [C]

20. All monies received with the application of shares are to be deposited_______.

[A] with the controller of capital issues .

[B] in the companys bank account

[C] in a special account opened in a scheduled bank for the purpose

[D] with the registrar of companies

Answer: Option [C]

21. The minimum subscription is to be received within ______days of the offer.

[A] 30

[B] 60

[C] 120

[D] 150

Answer: Option [C]

22. The charter of a company refers to its ________________.

[A] prospectus

[B] memorandum of association

[C] articles of association

[D] statement in lieu of a prospectus

Answer: Option [B]

23. An association of 30 persons not registered under the companies Act but carrying on a business is a/an ___________.

[A] illegal association

[B] partnership

[C] private company

[D] public company.

Answer: Option [A]

24. A company is a juristic person with a perpetual succession _____________

[A] as such it dies.

[B] its life depends on the life of its members.

[C] it is created by a process of law and can be put to an end only by a process of law

[D] none

Answer: Option [C]

25. On a share of Rs. 100 of a company, a shareholder has already paid Rs. 30.His Liability is now limited to ___________

[A] Rs. 100.

[B] Rs. 30

[C] Rs. 70.

[D] Rs.10

Answer: Option [C]

26. The Reserve Bank of India is an example of a _____________.

[A] registered company.

[B] statutory company.

[C] chartered company.

[D] unlimited company.

Answer: Option [B]

27. The liability of a shareholder in a company limited by shares is ____________.

[A] unlimited

[B] limited by guarantee.

[C] limited to the unpaid value of shares subscribed by him.

[D] none of the above

Answer: Option [C]

28. An act is said to be ultra vires a company when it is beyond the powers ___________.

[A] of the company

[B] of the directors .

[C] of the directors but not the company

[D] conferred on the company by the Articles.

Answer: Option [A]

29. Which of the following companies need not have their own articles of Association?

[A] unlimited companies.

[B] companies limited by guarantee

[C] private companies limited by shares.

[D] public companies limited by shares.

Answer: Option [D]

30. The Articles of a company conflict with the Memorandum _______________.

[A] the Articles shall prevail.

[B] the Memorandum shall prevail

[C] the directors will resolve the conflict.

[D] the court will resolve the conflict.

Answer: Option [A]

31. A shareholder purchased in the open market shares of a company whose prospectus contained some misstatements. He ____________.

[A] can rescind the contract only but cannot claim damages

[B] can claim damages only but cannot rescind the contract

[C] has no remedy against the company.

[D] has remedy against the directors responsible for the issue of the prospectus

Answer: Option [C]

32. Underwriting means ___________.

[A] selling shares at a discount .

[B] purchasing property at less than market price.

[C] agreeing to purchase shortfall of shares in a company in case of under subscription

[D] offering new shares to outsiders

Answer: Option [C]

33. Share capital of a company means ______________.

[A] equity share capital .

[B] preference share capital

[C] equity and preference share capital .

[D] equity and preference share capital and debentures

Answer: Option [C]

34. The dividend on preference capital is paid _____________

[A] whenever there are profits

[B] only if there are profits.

[C] even if there are no profits.

[D] only when the directors recommend it

Answer: Option [D]

35. Shares can be issued ____________.

[A] at par.

[B] at discount.

[C] at premium.

[D] all of the above.

Answer: Option [D]

36. The debenture holders of a company are companys__________.

[A] owners

[B] creditors

[C] customers

[D] all of these.

Answer: Option [B]

37. A share certificate is required to be signed by_____________

[A] company secretary.

[B] two directors.

[C] two directors and company secretary

[D] all directors and company secretary

Answer: Option [C]

38. A secretary should have sound knowledge of_______________.

[A] company law.

[B] tax laws.

[C] labour laws.

[D] all of these.

Answer: Option [A]

39. Transmission of shares takes place in the following case_____________.

[A] sale of shares.

[B] theft of shares.

[C] operation of any law.

[D] all of these.

Answer: Option [C]

40. The dividend on preference capital is paid___________.

[A] whenever there are profits

[B] only if there are profits

[C] even if there are no profits.

[D] only when the directors recommend it

Answer: Option [D]

41. A private company ________issue deferred shares with disproportionatevoting rights

[A] can ony

[B] can

[C] cannot

[D] can with the prior approval of the government

Answer: Option [A]

42. When is a company said to have been registered?

[A] when it files the memorandum of association with the registrar if companies

[B] when it gets the certificate of incorporation

[C] when it gets the certificate of commencement of business

[D] when it actually starts its business

Answer: Option [A]

43. how many types of preference shares

[A] 8

[B] 7

[C] 6

[D] 5

Answer: Option [A]

44. The debenture holders of a company are companys____________.

[A] owners

[B] creditors

[C] customers

[D] all of these

Answer: Option [B]

45. A share certificate is required to be signed by__________.

[A] company secretary

[B] two directors

[C] two directors and company secretary

[D] all directors and company secretary.

Answer: Option [C]

46. Transmission of shares takes place in the following case

[A] sale of shares.

[B] theft of shares

[C] operation of any law.

[D] all of these

Answer: Option [C]

47. To enable a company to pay dividends, a special authority is ___________.

[A] not needed either in the memorandum or in the articles

[B] needed either in the memorandum or in the articles

[C] needed only in the memorandum

[D] needed only in the articles

Answer: Option [A]

48. According to the companies act, which one of the following companies can commence allotment of shares even before the minimum subscription is subscribed or paid?

[A] Charted company

[B] Private company

[C] Government company

[D] Public limited company

Answer: Option [B]

49. Share premium received by issuing shares can be used for ___________.

[A] payment of dividend

[B] issue of bonus share

[C] remuneration to management

[D] any business purpose

Answer: Option [B]

50. Under the companies act, which of the following powers can be exercised by the board of directors?

[A] Power to sell any of the companies undertaking

[B] Power to make call.

[C] Power to borrow money in excess of the paid up capital.

[D] Power to reappoint on auditor

Answer: Option [B]

51. The liability of shareholders of a public company is limited to the _________.

[A] paid up value of shares

[B] nominal value of shares

[C] extent of their private assets

[D] amounts called up.

Answer: Option [D]

52. Under the Indian Companies Act, 1956, a person can be a Director in ___________.

[A] 7 companies.

[B] 10 companies

[C] 20 companies

[D] 25 companies.

Answer: Option [C]

53. Investment in which of the following is most risky?

[A] equity shares

[B] preference shares

[C] debenture

[D] Land

Answer: Option [A]

54. Which of the following is not an ownership security?

[A] equity shares.

[B] debentures.

[C] preference shares.

[D] None of the above

Answer: Option [B]

55. In which of the following, interest and dividend is payable even if the company does not earn profit?

[A] equity capital

[B] preference capital.

[C] debentures

[D] bonds

Answer: Option [C]

56. Debentures cannot be _____________

[A] irredemable debentures.

[B] participating debentures

[C] registered debentures

[D] earear debbentures

Answer: Option [B]

57. The existence of a joint stock company is interrupted by ______________.

[A] the death of its members

[B] the death of its directors.

[C] the death or insolvency of its manigins; director

[D] none of these

Answer: Option [C]

58. When an existing company offers its shares for sale to the existing shareholders, it is known as_____________.

[A] private placing

[B] bonus issue

[C] rights issue

[D] offer for sale.

Answer: Option [C]

59. A ___________ is a combination of two companies to form a new company.

[A] merger

[B] public

[C] private

[D] private

Answer: Option [A]

60. Promoter is a person who__________.

[A] takes part in the incorporation of a company.

[B] is a director.

[C] is a relative of the managing director.

[D] works to siva publicity to the co.

Answer: Option [A]

2012 December UGC NET Solved Question Paper in Law Paper 2

1. Clause (4) of Article 15 has been added to the Constitution by
(A) The Constitution First Amendment Act.
(B) The Constitution Second Amendment Act
(C) The Constitution Fourth Amendment Act.
(D) The Constitution Sixth Amendment Act.
Answer: (A)
 
2. The State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India as per
(A) Article 40
(B) Article 43
(C) Article 44
(D) Article 48
Answer: (C)
 
3. In India sovereignty lies with
(A) The Constitution
(B) The Supreme Court
(C) The Parliament
(D) The People
Answer: (D)
 
4. The Supreme Court of India formulated the doctrine of eclipse in
(A) Bhikaji Narain Dhakras Vs State of M.P.www.netugc.com
(B) Bashesharnath Vs Income Tax Commissioner.
(C) State of W.B. Vs Anwar Ali Sarkar
(D) Maneka Gandhi Vs Union of India
Answer: (A)
 
5. The satisfaction of the President means the satisfaction of the Council of Ministers and not his personal satisfaction, held in
(A) Samsher Singh Vs State of Punjab
(B) U.N. RaoVs Indira Gandhi
(C) Ram Jawaya Kapoor Vs State of Punjab
(D) Sardar Lal Vs Union Government
Answer: (A)
 
6. The Concurrent List was described as a ‘Twilight Zone’, as it were for both the Union and the States are competent to legislate in this field without coming in to conflict” is stated by
(A) Basu, D.D.
(B) Dicey, A.V.
(C) Pyle, M.V.
(D) Ambedkar, B.
Answer: (C)
 
7. Article 360 has been invoked
(A) Only one time.
(B) two times.
(C) three times.
(D) Never invoked
Answer: (D)
 
8. “Jurisprudence is concerned primarily with the effects of law upon society and only to a lesser extent with questions about the social determination of law.” Who said it?
(A) Roscoe Pound
(B) Eugen Ehrlich
(C) Emile Durkheim
(D) Max Weber
Answer: (A)
 
9. “True law is that which has right reason in agreement with nature” was propagated by
(A) Cicero
(B) Hart
(C) Grotius
(D) Salmond
Answer: (C)
 
10. Match List – I with List – II and select the correct answer using the codes given below the lists:
List – I                        List – II
I. Privilege                   a. Gives content to the claim of a person
II. Duty                       b. Freedom from claim of another
III. Power                   c. Have no correlative claim according to Austin
IV. Absolute Duty      d. Ability of a person to change legal relations.
Codes:
(A) I-a II- b III-d IV-c
(B) I-b II-a III-d IV-c
(C) I-a II-b III-c IV-d
(D) I-b II-a III-c IV-d
Answer: (B)
21. Rules relating to sapinda relationship are based on
(A) Principle of Endogamy
(B) Principle of Exogamy
(C) Principle of Polygamy
(D) Principle of Monogamy
Answer: (B)
 
22. On the ground of barrenness or sterility, marriage can be
(A) Voidable
(B) Void
(C) Both (A) and (B)
(D) Neither (A) nor (B)
Answer: (A)
 
23. Breakdown theory of divorce is reflected in
(A) Section 13 (1) of Hindu Marriage Act, 1955.
(B) Section 13 (2) of Hindu Marriage Act, 1955.
(C) Section 13 (IA) of Hindu Marriage Act, 1955.
(D) Section 13 (B) of Hindu Marriage Act, 1955.
Answer: (C)
 
24. Match List-I with List-II and indicate the correct answer using the codes given below:
List – I                                                            List – II
a. Ashok Hura Vs Rupa Hura case                 i. Restitution of Conjugal Rights
b. Bipin Chandra Vs Prabhavati                     ii. Uniform Civil Code
c. Sarla Mudugal Vs Union of India              iii. Dessertion
d. T. Sareetha Vs State of A.P.                      iv. Divorce by Mutual Consent.
Codes:
      a b c d
(A) i ii iii iv
(B) iv iii ii i
(C) ii iii i iv
(D) iv iii i ii
Answer: (B)
 
25. Arrange the grounds of divorce in the order in which they appear in the Hindu Marriage Act, 1955. Use the codes given below:
(I) Mutual consent
(II) Break down
(III) Fault
(IV) Customary
Codes:
(A) III II I IV
(B) II III IV I
(C) I II III IV
(D) IV III I II
Answer: (D)
 
26. The petition for divorce by mutual consent may be presented if the spouses have been living separately for a period of
(A) One year
(B) Two years
(C) Three years
(D) None of the above
Answer: (A)
 
27. An offer and an acceptance to it must be in the
(A) Same time
(B) Same place
(C) Same sense
(D) None of above
Answer: (C)
 
28. Which of the following statements are true?
(i) Past consideration is no consideration under Indian and English Law.
(ii) Past consideration is no consideration under Indian Law.
(iii) Past consideration is no consideration under English Law.
(iv) Past consideration is made in past.
Codes:
(A) (i) and (ii)
(B) (ii) and (iii)
(C) (iii) and (iv)
(D) (iv) and (i)
Answer: (C)
 
29. Assertion (A): When subject matter of a contract is destroyed, the contract is frustrated.
Reason (R): Frustration of a contract frustrates a party to the contract.
Codes:
(A) Both (A) and (R) are true and (R) is the correct explanation of (A).
(B) Both (A) and (R) are true, but (R) is not correct explanation of (A).
(C) (A) is true, but (R) is false.
(D) (A) is false, but (R) is true.
Answer: (B)
 
30. Arrange the following concepts in which they appeared. Use the code given below:
(i) Invitation to offer
(ii) Damage
(iii) Offer
(iv) Damages
Codes:
(A) (i), (iii), (ii), (iv)
(B) (i), (iii), (iv), (ii)
(C) (iii), (i), (ii), (iv)
(D) (i), (iv), (iii), (ii)
Answer: (A)
 
31. Match an item in List – I with an item in List – II, using code given below:
List – I                        List – II
i. Capacity                   1. Breach
ii. Damages                 2. Unruly horse
iii. Remedy                  3. Compensation
iv. Public policy          4. Sound mind
Codes:
       i ii iii iv
(A) 4 3 2 1
(B) 1 2 4 3
(C) 3 4 1 2
(D) 4 3 1 2
Answer: (D)
 
32. Which one of the following pairs does not match?
(A) Novation of contract – Section 62
(B) Agreement in restraint of legal proceedings – Section 29
(C) Tender of performance – Section 38
(D) Unlawful object and consideration – Section 23
Answer: (B)
 
33. Which one of the following is not an example of vicarious liability?
(A) Liability of the principal for the tort of his agent.
(B) Liability of partners for each others’ tort.
(C) Liability of the master for the tort of his servant.
(D) Liability of the parents for the tort of the children.
Answer: (D)
 
34. Match List – I and List – II, select the correct answer by using codes given below:www.netugc.com
List – I                                    List – II
a. Injuria sine damnum            1. Reylands Vs Fletcher
b. Damnum sine injuria           2. Gloucester’s Case
c. Strict liability                       3. Volenti non fit injuria
d. Defence of consent                         4. Ashby Vs White
Codes:
       a b c d
(A) 4 2 1 3
(B) 2 4 1 3
(C) 1 2 3 4
(D) 4 3 2 1
Answer: (A)
 
35. Rule of absolute liability was propounded by
(A) Justice Bhagwati
(B) Justice Sodhi
(C) Justice Ahmadi
(D) Justice Kuldeep Singh
Answer: (A)
 
36. Which one of the defence to strict liability is based on the maxim, volenti non fit injuria?
(A) Consent of the plaintiff
(B) Act of God
(C) Act of Third Party
(D) Statutory Authority
Answer: (A)
 
37. Mental condition of the wrong-doer at the time of wrong doing is
(A) Relevant in all torts.
(B) Relevant to torts based on fault.
(C) Relevant in torts based on strict liability.
(D) Not relevant in tortious liability.
Answer: (B)
 
38. Consider the following set of legal propositions:
(1) A person can claim damages for all wrongs he has suffered.
(2) A person can claim damages for wrongs only if they are caused intentionally.
(3) A person can claim damages for a wrong if it is caused by infringement of the legal right.
(4) A person can claim damages even if he has suffered no loss.
Of these above propositions which are correct?
(A) (1) and (2)
(B) (3) and (4)
(C) (1) and (3)
(D) (2) and (4)
Answer: (B)
 
39. Which of the meaning given for the maxim “Actus me invite factus non estmensactus” is correct?
(A) Merely a voluntary act by me will not be a crime with a criminal intention.
(B) An act done by me against my will is not my act.
(C) Neither I nor my person can be held liable for an act done under compulsion.
(D) All of them.
Answer: (B)
 
40. The general principles as to protection of an accused is based on:
(i) Autrefois acquit and Autrefois convict.
(ii) Reasonable doubt as to presumption of innocence.
(iii) Natural Justice.
(iv) Conviction can not be based without proving the guilt even if it was admitted.
Which statement is correct?
(A) (i) is correct.
(B) (i) and (ii) are correct.
(C) (i), (ii) and (iii) are correct.
(D) (i), (ii), (iii) and (iv) are correct.
Answer: (D)
 
41. Fill in the blanks with appropriate words:
The distinctive features of riot and unlawful assembly are an activity which is accompanied by ____
(A) Use of force and violence.
(B) Causing alarm.
(C) Violence on a common purpose.
(D) all of them.
Answer: (A)
 
42. The offence of __________ homicide supposes knowledge of likelihood of causing death.
(A) Unlawful
(B) Abnormal
(C) Culpable
(D) All types of
Answer: (C)
43. The expression ‘Seduced’ used in Section 366 A of Indian Penal Code means to _________ a woman to submit to illicit intercourse at any time.
(A) Use of force by stress
(B) Deceitfully induce
(C) Wilfully influence
(D) None of them
Answer: (B)
 
44. Preparation consists in devising or arranging means necessary for the commission of the offence. Such attempt is not punishable because
(i) The motive was harmless.
(ii) Impossibility to reach wrongful end.
(iii) Does not affect the security of any person.
(iv) It remained without culmination.
The reasoned answer is
(A) Only (i) is correct.
(B) The most probability is (i) and (ii).
(C) There is quite likelihood of (i) and (iii).
(D) All the reasons (i), (ii), (iii) and (iv) have to be examined.
Answer: (D)
 
45. No person employed in a public utility service shall go on strike
(I) without giving notice of strike to employer.
(II) Within 14 days of giving such notice.
(III) After expiry of date specified in notice for strike.
(IV) Within 7 days of conclusion of conciliation proceeding.
Codes:
(A) I and IV
(B) I and III
(C) I and II
(D) II and III
Answer: (C)
 
46. There can be lay-off for
(A) One day
(B) More than one day
(C) Maximum seven days
(D) Any period, even less than one day
Answer: (D)
 
47. In which of the following cases the court reiterated the well-known legal position that even a temporary worker can claim retrenchment compensation, if he is covered by the provisions of Section 25 F of the Industrial Disputes Act, 1947?
(A) Tatanagar Foundary Co. Vs Their Workmen.
(B) Management of Willcox Buckwell (India) Ltd. Vs Jagannath.
(C) Barsi Light Railway Co. Ltd. Vs Joglekar.
(D) Modern Stores Vs Krishandas.
Answer: (B)
 
48. Which one of the following statement is true?
(A) All Government departments are industries.
(B) No Government department can be industry.
(C) Government department carrying on business or trade may be industry.
(D) Government department carrying on only sovereign function may be industry.
Answer: (C)
 
49. According to Section 9 A of the Trade Union Act, 1926 minimum requirement about membership of a trade union is
(A) Seven
(B) Ten percent or one hundred of the workmen.
(C) Ten percent or one hundred of the workmen, whichever is less.
(D) Ten percent or one hundred of the workmen, whichever is less, subject to minimum seven.
Answer: (D)
 
50. To be a member of trade union, a person must attain the age of
(A) 18 years
(B) 16 years
(C) 15 years
(D) 21 years
Answer: (C)

Pure theory of law


Introduction:- The Pure Theory of Law is given by Kelson. This theory is also known as “Vienna School” because Kelson is the productor of Vienna University. This theory resembles with Austin’s command theory because in Kelson’s theory there must be sanction behind law. Austin gave it the name of command theory and Kelson gave it the name of grandnorm theory. Kelson is affected by local conditions, natural condition and international condition. After studying all these conditions he gave this theory of Law, which is known as pure theory of law and grandnorm theory .
Concept of pure theory of Law:- At the time of Kelson there are Ist world was which destricted the property of human beings at international level. So he gave power to the international law and avoiding the destructions of the world. Secondly during that time many countries adopted written constitution. So Kelson also get influenced from these written constitutions and gave his own theory which is based on grandnorms.
Grandnorm or Grudnorm

Grand means great and norm means Law, So it means a great law the superior authority from which law comes out. He compared the grandnorm with written constitution. According to him written constitution is the highest authority in the country which is known as grandnorms. In England the Parliament is a grandnorm, in USA written constitution is grandnorms and in India too written Constitution is grandnorm. State is not above the grandnorm. Sovereignty also liven in grandnorm. Accoding to Kelson law is a motive nor science, it means science of norms. In laws only those rules are taken which are related with legal aspects. Any others like moral rules, religious rules, ethical rules do not come under the concepts of grandnorm. Here Kelson is equal to Austin. When he excludes morals relation or ethics from the field of law.

System of Normative Rules:- System of normative rules was Hierarchy. In hierarchy system there is one highest authority and all other are lower authorities. This highest authority was grandnorm which was in the form of written constitution and other authorities are below the constitution. The source of power in a state for all bodies is written constitution.
Internation Law:- Kelson says that norms have a force behind it. This force lies in the grandnorm. If this legal norm is not obeyed then one person will be punished for it. He also says that at this time international law is immature. It is in primitive stage. It is developing.
Nature of Grandnorm:- According to Kelson each country has the formation of grandnorm according to local conditions. The duty of jurists is to interpret the grandnorm in their own language. They are not concerned with the goodness or badness of the grandnorm. They are not concerned with the origin of the grandnorm. In this way the grandnorm is the main source of all the laws in the country.
Elements of Pure Theory:- Kelson gave his view under this theory about State, sovereignty, public and private law, public and private rights, international law private and juristic law.
Feature of Kelson’s theory:-
1. Grudnorm as a source of law:- Grandnorm is the source of all laws. Grandnorm is in the form of written constitution. Any such body, which contains rules, or any such legal system in a country.
2. No difference between law and state:- Kelson says that there is no difference between law and State between because they get power from the same grandnorm. Law comes from the grandnorm and the state also comes from the grandnorm.
3. Sovereign is not a separate body:- Austin says sovereign is a politically superior person which keeps controls over the politically inferior persons. But Kelson says that the power of sovereign lies in the people. So the Sovereign is not separate and superior from the people of the country.
4. No difference between public law and private law:- The public law is related with the state and the private law is related with the individuals as Kelson says that there is no difference between public law and private law. The law which creates a contract between individuals is called private law.
5. Supremacy of internationally laws:- The main prupose of Kelson was to decrease the tension at world level because there was Ist world war which destroyed millions of persons and property. He also said that the internaiton law is in primitive stage or immature stage. It means it is in developing stage. One day will come when international law will get equal to that of municipal law. So this is also enforceable.
Criticism of Kelson’s theory:- In-spit of having good concept of pure theory given by Kelson some of the criticism faced by him, which are as under:
a. Grandnorm is a vague concept:- The concept of grandnorm is not clear. It cannot be applied where there is no written constitution. The base of grandnorm in the form of positive norms or the rules based only on legal order is not clear. The rules, which are not linked with morals ethics. Customs and religion are not the norms. But we can not ignore the role of these norms in the development of law.
b. Interantion Law is a weak law:- Kelson advocated the supremacy of international law. But even upto now we see that is no force behind international law.
c. No difference between state and law:- this point is also criticised by various writers. Law as a separate thing from the State. State is body is law in, which law is a rule that regulates the state.
d. Difference between public law and private law:- Kelson says that there is no different between public law and private law. Which is also not right in the modern days.
e. Customs and Precedents ignored:- He also customs as a source of law while we see that customs are the source of all laws.
Conclusion:- Although Kelson has been criticised from various angles yet he had contributed a lot in the development of the society. Thus the concept of grandnorm gave power to the public at large as well as at national level. His main purpose was to stop destruction of any world war. This can resemble to Austin also Kelson is also limited with the law.
 

Definition, nature and scope of Jurisprudence.

Introduction -To study a subject means to explore each and every aspect of that subject. The very first thing we come across while initiating the process of studying a subject is the name of the subject. ‘Jurisprudence’ is a word made up by adding two words ‘juris’ and ‘prudentia’.

Juris (Law) + Prudentia (Knowledge) = Jurisprudence (Knowledge of Law)

So Jurisprudence is the theory and Philosophy of law which gives us knowledge of law. Jurisprudence helps us understand how the law came into existence. Different theories given by different jurists show us the various forms in which law emerged at different places and in different conditions. Jurisprudence is the philosophy of law through which scholars of law tried to have a deeper knowledge about the nature of law, different legal systems and their reasoning behind the emergence and existence of a law in those legal systems. Modern Jurisprudence that begins in 18th century focussed on the first principles of natural Law, civil law and law of nations.
General jurisprudence seeks to answer all the queries arising in the mind of a layman or a legal scholar and these questions can generally be divided into following parts:-
i) Problems of law as a social institution
ii) Problems of a legal system
iii) Problems of a particular law
So, jurisprudence is the skill of law and the whole systematic thinking about legal theory is linked with both philosophy and political theory. In some conditions the starting point is philosophy and sometimes it is political ideology, as in the legal theory of socialism.
Definition of Jurisprudence
Romans started many branches of knowledge and ‘Jurisprudence’ is one of them. The Romans never confused law with religion but this distinction was not found in the beginning of jurisprudence. The definition of Jurisprudence given by Roman Jurist ‘Ulpian’ is as follows:-
“Jurisprudence is the knowledge of things divine and human and the science of right and wrong”. This definition could be understood in two parts:-
1. Knowledge of things divine and human.
2. Science of right and wrong.
First part explains that the laws could be made by both divine powers and human beings and jurisprudence is the study of all kind of laws.
Second part explains that it is the science of right and wrong which means that jurisprudence guides us what acts of a person are just and which one are just.
According to Gray, “Jurisprudence is the science of law, the statement and systematic arrangement of the rules followed by the courts and the principles involved in those rules.” So according to him jurisprudence is the study of rules which are systematically arranged and are followed by the courts.
According to Holland, “Jurisprudence is the formal science of positive law”. By formal science he means that which deals with various relations which are regulated by legal rules.
All these definitions give us two main things:-
1. Jurisprudence is the science of different laws which have different origins.
2. Jurisprudence is not only the study of law but it is the study of the basic concepts that form law.
Salmond, defines jurisprudence as the ‘Science of law ‘and divides it into two parts: – Generic & Specific.


1. Generic Jurisprudence- As the word ‘generic’ suggests, the generic jurisprudence study all types of legal doctrines.
2. Specific Jurisprudence – The word ‘Specific’ shows that specific jurisprudence means the study of a particular department of such doctrines.
Specific Jurisprudence could be further divided into three parts:-
a) Systematic Jurisprudence- It deals with the legal systems that exist in different times. For example, legal system at the time of Mughals differs from the legal system at the time of Britishers and the present legal system.
b) Legal History- It deals with the historical development of different legal systems. How they developed? How the changes from one system to other took place?
c) Science of Legislation- It deals with the reason of existence of a law and the probable future of that law.

He further divided jurisprudence into 3 branches:-

(I) Analytical jurisprudence: – The branch of jurisprudence gives analysis to basic principles of civil and their interpretation. The purpose of this branch of study is to analyse and dissect the law of the land as it exists today. This analysis as the principles of the law is done without reference to their historical origin or their ethical significance. Analytical jurisprudence it examines the relations of civil law with other forms of law, analysis the various constituent ideas of which the complex idea of the law is made up.
(II) Historical Jurisprudence :- Historical jurisprudence deals with the general principles governing the origin and development of law and also the development, evolution of the legal conceptions and principles found in the philosophy of law. Therefore, historical jurisprudence concerns with the historic evolution of the principles of law i.e. the past stages of the law. It constitutes the general portion of legal history, and as Salmond observes, bears the same relation to legal history at tame as analytical jurisprudence bears to the systematic exposition of the legal system. As the historical jurisprudence only concerns itself with the scientific study of the origin and development of the principles of law, therefore it is the study of law as it is as.
(III) Ethical jurisprudence:- The branch of jurisprudence deals with basic principles of ethics and moral values. Ethical jurisprudence is a branch of legal philosophy which approaches the law from the viewpoint of its ethical significance and adequacy. It deals with the law as it ought to be an ideal state. This area of study brings together moral and legal philosophy. It is connected with the purpose of which the law exists and the manner in which such purpose is fulfilled. Salmond observes that ethical jurisprudence is the meeting point and common ground of moral and legal philosophy of ethics in jurisprudence. Ethical jurisprudence has for as its object the conception of justice, the relation between law and justice


Importance and scope of Jurisprudence:-
1. Jurisprudence works towards constructing and elucidating legal concepts so as to minimise the complexities of law.
2. It helps in the logical analysis of the legal concepts.
3. It helps to determine the actual meaning of the law according to the needs of the society.
4. It helps judges and lawyers to ascertain the meaning of words and expressions in the statutes.
5. It helps in making scientific development of law.
6. It trains the critical faculties of the minds of the students to ascertain and use the actual meaning of the terms used in an act.
7. Professor Dias said that “the study of jurisprudence is an opportunity for the lawyer to bring theory and life into focus, for it concerns human thought in relation to social existence.”

Jurisprudence is lawyer’s extraversion :-
This statement was given by Julius Stone, he meant that jurisprudence is lawyer’s examination of the precepts, ideals and technique of the law in the light derived from present knowledge in disciples other that. It means only knowledge of law is not sufficient and for complete knowledge it is to be studied in connection with sociology, political science, history etc. The jurisprudence inspires and contains the interdisciplinary approaches to law. Jurisprudence is the lawyer’s extraversion.. It is an attempt, which must always remain imperfect, to fulfil for the law the object strikingly posed by the late Mr. Justice Holmes of showing “the rational connection between your fact and-the frame of the Universe. To be master of any branch of knowledge you must master those which lie next to it.”An interdisciplinary approach is indispensible to the study of jurisprudence as it deals with the ever changing possibilities in the development of law according to the changing needs of the society and contemporary knowledge explosion. The ‘extra-legal version’ approach has also been adopted by the Supreme Court, particularly Mr. Justice Krishna Iyer, expounding the philosophy of jurisprudence as a lawyer’s extra version in a number of cases. He was of the opinion that the roots of jurisprudence lie in the soil of society’s urges and the bloom in the nourishment from the humanity it serves. Jurisprudence inspires the development of knowledge; it not only encourages studying different theories of law and reproducing it, rather inspires how to use these theories in critically and reflectively developing positions of one’s own.

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