Law (UGC/NET Paper II & III)

Sanction is the correct term for the application of physical force by the State to enforce law. It differs from punishment (which follows legal violation), liability (legal obligation), or direction (command). Sanction encompasses the coercive power of the state to compel obedience to law through authorized force, including police action, penalties, and enforcement measures. It is the enforcement mechanism that gives law its binding character.

Delhi Cloth and General Mills Ltd. v. Union of India (AIR 1987 SC 2414) is the landmark case where the Supreme Court of India applied promissory estoppel against the government, holding that the government could not backtrack on its promise to grant exemption from excise duty. The Court ruled that even in the absence of a formal contract, the government was estopped from denying the exemption it had promised. This established that promissory estoppel could operate against state authorities.

Contracts of adhesion (standard form contracts) are indeed a contemporary problem in contract law because one party has no choice but to accept them on a 'take it or leave it' basis - there is no negotiation. Both Assertion (A) and Reason (R) are correct, and (R) correctly explains (A) - the lack of negotiation opportunity is precisely why adhesion contracts present challenges. The principle concern is unequal bargaining power and potential unfair terms that consumers must accept to obtain essential services.

Justice J.S. Verma Committee Report (1999) was constituted to operationalize Fundamental Duties in Part IVA of the Constitution. The committee recommended various measures including making citizens aware of their duties, incorporating fundamental duties in educational curriculum, and ensuring their enforcement. It did not relate to duty to vote, freedom of religion, or National Judicial Commission. The committee's work specifically focused on effectuation of the ten fundamental duties added by the 42nd Amendment.

The Prevention of Terrorism Act (POTA) 2002 was indeed passed by a joint session of Parliament as it was a money bill affecting the federal structure and requiring special majority under Article 108. The joint sitting was held in 2002 to pass this controversial legislation. Neither the Dowry Prohibition Act nor Banking Service Commission Act required a joint session - they were passed through ordinary legislative process. The question specifically tests knowledge of POTA's unique parliamentary passage.

Option C is correct because it uses the precise legal terminology - 'enter into a contract' requires 'consensus ad idem' (meeting of minds on the same thing in the same sense). Option A is incomplete, and Options B and D incorrectly substitute 'consent' for 'contract' and 'quasi contract' respectively. Contract formation requires agreement on the same terms in the same sense.

Option A is correct. Under Section 107 IPC, abetment is complete when the act is abetted - it's not necessary that the offence abetted has actually been committed. Abetment is a distinct offence that can exist independently of the commission of the principal offence. Option B is wrong because abetment doesn't require completion. Option C incorrectly suggests a 'helping hand' must be proven, which isn't required under law.

Option C is correct. The Full Faith and Credit clause (Article 261 in India) applies to public acts, judicial proceedings, and public records. It requires states to give recognition to these from other states. 'Acts of Corporation' refers to acts of private corporate bodies, which are not covered by this constitutional provision meant for inter-governmental comity.

Option B is correct. The United Nations was established on October 24, 1945, after the ratification of the UN Charter by the five permanent Security Council members. The Charter was drafted and signed earlier in 1945 in San Francisco. The UN was created in response to WWII atrocities to prevent future conflicts.

Option A is correct. Currie v Misa (1875) is the landmark English case that established the classic definition of consideration as 'some right, interest, profit or benefit accruing to one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other.' This definition remains foundational in contract law across common law jurisdictions including India.

Option C is correct. Law-making treaties are the primary method of creating binding international law, just as domestic legislation creates binding law within a state. Both are formal, written instruments that create legal obligations. Custom (Option A) is unwritten and evolves differently, while delegated legislation (Option D) is subordinate to primary legislation.

Option A is correct. A 'right in stricto sensu' (strict sense) is a right vested in a person for their own benefit, enforceable against specific parties. The right to divorce fits this category - it's a personal right the holder can exercise against their spouse. Liberty is broader freedom, Power is authority to affect others' legal relations, and Privilege is an exemption from duty rather than an affirmative right.

Option A is correct. Zihar is a form of divorce in Islamic (Muslim Personal) law where the husband makes a comparison between his wife and a female relative within prohibited degrees (such as mother or sister). This comparison, if intended, creates an irrevocable divorce. Khula is divorce at wife's instance, Illa involves conditional swearing, and Mubarrah is mutual divorce.

Option C is correct. The Special Marriage Act was enacted in 1954 to provide a secular form of marriage for Indians of different faiths or those wishing to marry outside religious personal laws. It came shortly after the Constitution (1950) and the Hindu Code Bills (1955-56), part of India's early post-independence legal modernization.

Article 129 explicitly empowers the Supreme Court to punish contempt of court, while Article 141 deals with binding precedents (law declaration) and does not contain contempt powers. Article 142 provides enforcement powers but is primarily about remedial jurisdiction, not contempt per se. The question asks which articles do NOT contain contempt powers.

The assertion is correct - ICJ jurisdiction is fundamentally based on consent of parties (Article 36 of ICJ Statute). The reason about reciprocity is misleading - reciprocity applies to optional clause declarations but is not the underlying principle of ICJ jurisdiction. Consent, not reciprocity, is the foundational principle.

Keharsingh was a murder case involving Section 302 IPC. Visakha v. Rajasthan laid down guidelines against sexual harassment at workplace. Roopa Deol Bajaj case concerned outraging the modesty of woman (Section 354 IPC). Gurdatta trial established principles regarding 'common object' under Section 149 IPC. The matching in option B is correct.

The chronological order is: Sankal Chand (1979), S.P. Gupta (1981 - First Judges Case), President's Special Reference No. 1 (October 1993), Supreme Court Advocates-on-Record (December 1993 - Second Judges Case). Option B correctly represents this sequence.

Per incurium, literally translated as "through lack of care", refers to a judgment of a court which has been decided without reference to a statutory provision or earlier judgment which would have been relevant.

Kelsen's pure theory characterizes law as a coercive order of 'ought' propositions (norms) arranged in a hierarchy where each norm derives validity from a higher norm (Grundnorm). It explicitly rejects the view that law is merely a system of social rules, distinguishing legal validity from social efficacy.

Both assertion and reason are correct principles of tort law. The assertion reflects that liability cannot extend to infinite causal chains. The reason explains the legal maxim that causes of causes are outside liability scope - there must be reasonable proximity between wrongful act and damage.