Law (UGC/NET Paper II & III)

Post-1976 Amendment, Hindu marriage remains a sacrament (sacred union) under Hindu law. The Amendment made divorce easier and introduced certain changes, but did not convert marriage into purely a contractual arrangement.

Under Section 2(s) of the Industrial Disputes Act, 'workman' includes supervisors earning below specified wages. Medical representatives have been held to be workmen because they perform manual/clerical work and their primary duty is sales, not supervision.

All three propositions are correct: (i) Void marriages remain valid until annulled (for limited purposes like legitimacy of children); (ii) Void marriages are inherently invalid (no decree needed); (iii) Voidable marriages are valid until annulled by court decree.

Jus Cogens (peremptory norms) are fundamental principles of international law from which no derogation is permitted (e.g., prohibitions against genocide, slavery, torture). They form the basis/boundary of modern international law.

Under Article 129 and Article 141 of the Constitution, 'court of record' has multiple meanings: contempt powers (A), binding precedents (B), and full faith and credit to judgments (D). Option A is correct - contempt power is a key attribute of courts of record.

The 2003 enactment (likely related to the Rajya Sabha elections) removed the domicile requirement for candidates. In 2006, the Supreme Court upheld this enactment as constitutional, ruling that Parliament has the authority to modify election qualifications under Article 84 of the Constitution. Option B is correct as the Court affirmed the legislative competence of Parliament.

Under Section 107 IPC, 'A' is guilty of abetment to theft as he instigated 'B' with intention to commit theft. However, 'B' committed no offence because for theft (Section 378 IPC), there must be dishonest intention at the time of taking. 'B' took the property bona fide believing it belonged to 'A', so lacked dishonest intention. The abettor's liability is independent of whether the principal offender is convicted - this is a well-established principle in criminal law.

In McGregor v McGregor, the agreement between husband and wife to withdraw complaints in exchange for an allowance was held to be a domestic/social agreement not intended to create legal relations. English contract law presumes that agreements made in domestic or family contexts lack the intention to create legally binding obligations unless proven otherwise. This is the classic presumption against legal intention in family arrangements.

The effectiveness of international law is primarily attributed to: (i) the common good - states recognize mutual benefits from cooperation, and (ii) its flexible nature - allowing adaptation to diverse situations. While practitioners being lawyers (iii) and effective institutions (iv) may support the system, they are not the fundamental reasons why international law works. The core drivers are shared interests and adaptability.

When a police officer detains someone despite a bail order, this constitutes wrongful confinement under Section 340 IPC. The officer is keeping the person in wrongful restraint, depriving them of liberty. It is not kidnapping or abduction (which require taking or enticing away) and is more specific than intimidation. Wrongful confinement is the appropriate charge when someone is detained contrary to legal process or court orders.

At an auction, a bid is only an offer that creates provisional acceptance. The actual contract is formed only when the auctioneer accepts the bid, often subject to conditions like authority approval. Until such final approval and acceptance are obtained, there is no complete contract. Option C correctly states that the contract becomes final upon approval of the authority.

Under the doctrine of vicarious liability, a master is liable for acts of his servant only when the servant is acting under the master's control regarding the manner of work. This is the 'control test' - the key inquiry is whether the master has the right to direct not just what work is done, but how it is done. The liability arises from the master's right to control the servant's actions while performing duties.

A bilateral mistake (both parties mistaken) about a fundamental fact going to the root of the agreement makes it void ab initio under Section 20 of the Indian Contract Act. The mistake must be about a fact essential to the agreement, not just about terms or quality. This differs from unilateral mistake which may only make an agreement voidable. A mutual mistake about the subject matter itself destroys consensus ad idem.

In S.R. Bommai v. Union of India (1994), the Supreme Court held that secularism is a basic structure of the Constitution and the only permissible approach in a pluralistic society like India. While Kesavananda Bharati established the basic structure doctrine, and I.C. Golaknath dealt with property rights, it was Bommai that specifically articulated secularism as a fundamental constitutional principle.

In Maneka Gandhi v. Union of India (1978), the Supreme Court expanded the scope of Article 21, holding that 'procedure established by law' must be fair, just, and reasonable. The Court rejected the view that any procedure enacted by legislature would suffice. This case established that procedure must pass the test of reasonableness and fairness, not mere legislative enactment.

The landmark Donoghue v Stevenson (1932) case, which established the modern law of negligence and the 'neighbor principle', was delivered by Lord Atkin. His speech laid down that you must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbor. This became the foundation of negligence law.

The correct order of jurisdiction bases in the ICC statute is: (ii) As provided in the UN Charter (UN Security Council referral), (i) Consent ad hoc (state acceptance for specific situation), (iii) Consent under the optional system (Article 14(3) optional declaration), and (iv) Transferred jurisdiction (from ad hoc tribunals). Option C correctly sequences these jurisdictional sources from most general to most specific.

Dharma Shastra texts like Manusmriti contain detailed prescriptions for Hindu marriage ceremonies (samskaras). Grhya Sutras deal with domestic rituals but Dharma Shastras provide the comprehensive legal and religious framework for marriage rites. Dharma Sutras primarily outline social duties rather than ceremonial details.

The opening sentence explicitly states the object of law: 'Protection of society and stamping out criminal proclivity must be the object of Law.' This is a direct reading comprehension question requiring you to identify the stated purpose from the passage.

Section 26 of the Indian Contract Act, 1872 declares every agreement in restraint of marriage void as a matter of public policy. This applies whether the restraint is absolute (complete prohibition) or partial (restrictions like time, place, or manner). The law treats both equally to protect freedom to marry.

Under possession law, the person who has control over premises (Y, the shopkeeper) also has constructive possession of things found on those premises, even if they don't own them. X merely found the notes but had no legal possession. This principle protects business owners' rights over their property.

When a contract stipulates a penalty amount for breach, courts have discretion under Section 74 to award reasonable compensation not exceeding the stipulated amount. The court is not bound by the stipulated figure and can award less if it is excessive. Section 73 provides the general principle for compensation.

This statement describes strict liability under Rule in Rylands v. Fletcher (1868) - a person who keeps something likely to do mischief if it escapes must compensate for all damage caused. Unlike absolute liability (M.C. Mehta case), strict liability has exceptions (act of God, plaintiff's fault, act of third party). The key is that dangerous activities require indemnification.

Marriage within prohibited relationship (Section 5(i)) and between sapindas (Section 5(iv)) are VOID ab initio. Impotency (Section 12(1)(a)) and pregnancy by another person (Section 12(1)(b)) render marriages VOIDABLE (at the option of the petitioner). Option A correctly matches: void-void-void-voidable.