Law (UGC/NET Paper II & III)

Nikah is the permanent and regular form of marriage in Islamic law, intended to be lifelong. Muta (pleasure marriage) is a temporary, contractual form of marriage for a fixed period, which is recognized only in Ithna Ashari (Shia) school and is uncommon in India. The assertion correctly states that Nikah is regular/permanent. The reason correctly states that Muta is contractual and uncommon in India. Option A correctly identifies that both A and R are correct. The question tests knowledge of Muslim personal law marriage forms.

This question requires arranging four legal cases in chronological order. The correct sequence is (ii) D.N. Banerji Vs. P.R. Mukherjee, followed by (iv) Lalit Han Ayurvedic College Pharmacy case, then (iii) Samish Dubey Vs. City Board Etawah, and finally (i) Baroda Borough Vs. Municipality. This arrangement reflects the historical development of these judicial decisions in Indian law.

The jural correlative of a right is a duty. In legal theory, every right corresponds to a duty owed by someone else. For instance, if you have a right to property, others have a duty not to interfere with it. This fundamental concept underpins the entire structure of legal rights and obligations in jurisprudence.

The formal sources of international law, as enumerated in Article 38(1) of the ICJ Statute, include international conventions (treaties), international custom, and the general principles of law. Judicial decisions and arbitral awards serve as subsidiary means for determining rules of law. Therefore, all the options listed - Custom, Treaties, and Decisions of tribunals - constitute formal sources.

A tort can violate either a right in personam (personal right) or a right in rem (right against the world). For example, trespass to land violates a right in rem, while defamation violates a right in personam. The key distinction is that rights in rem are available against the world at large, while rights in personam are enforceable only against specific individuals.

John Rawls, in his seminal work 'A Theory of Justice' (1971), argued that principles of justice must be rational and fair. He proposed that the limits of liberty and social cooperation are set by rational principles of justice that would be chosen by free and equal persons in an original position of equality. This concept is central to his theory of justice as fairness.

The correct sequence in contract formation begins with (iv) Invitation to offer, which is not an offer itself but an invitation for others to make offers. Then comes (i) Damage, which refers to the harm or loss that gives rise to potential liability. This is followed by (iii) Undue influence, which can vitiate free consent in contract formation. Finally, (ii) Damages represents the monetary compensation awarded for breach or harm. This logical progression tracks the contract lifecycle from initiation to remedy.

The correct rule is that consideration must move at the desire of the promisor - the person making the promise. This means the act or forbearance constituting consideration must be done at the request of the promisor, not merely voluntarily. Consideration need not be adequate (it can be nominal), and it can be past in certain exception cases, but the essential requirement is that it must move from the promisee at the promisor's desire.

Under Section 16 of the Hindu Marriage Act, 1955, children born out of void or voidable marriages are deemed legitimate. This provision ensures that children do not suffer for the marital status of their parents. Such children have all the rights and legitimate status as children born from valid marriages, including inheritance rights. This protective principle prioritizes child welfare over technical marital defects.

Fundamental Rights under the Indian Constitution are restricted, not absolute. Articles 12-35 of the Constitution contain these rights, but they are subject to reasonable restrictions in the interests of public order, morality, health, and other state interests. For instance, freedom of speech (Article 19(1)(a)) can be restricted under Article 19(2). The Constitution itself provides mechanisms for restricting these rights during emergencies (Article 352, 358, 359).

All three statements are correct. Consideration is indeed the recompense given by the party contracting with the other (it's the price paid for the promise). Past consideration is generally no consideration because it doesn't involve the element of bargain - if the act was done before the agreement, it cannot serve as consideration. And consideration must have some value in the eyes of the law, though it need not be adequate. The doctrine of consideration requires a bargained-for exchange between parties.

The Genocide case is NOT correctly matched with 'Reservation to treaties.' The Genocide Case (Bosnia v. Serbia) primarily dealt with the interpretation and application of the Genocide Convention, particularly the intent requirement (dolus specialis) and state responsibility. The Nottebohm case actually established the genuine link test for nationality, not non-use of force. The Reparation case did address legal personality of international institutions, and Anglo-Norwegian Fisheries did concern territorial sea measurement.

In Mohd. Yunus Vs. Malooki, the High Court held that the presence of a Qazi (Islamic religious officiant) is not essential for the validity of a Muslim marriage ceremony. Under Muslim personal law, marriage is essentially a contract between parties, and the key requirements are offer and acceptance (ijab and qabul) in the presence of witnesses. While traditionally a Qazi solemnized marriages, his absence does not invalidate the marriage if the essential contractual elements are present.

Quo warranto is the specific writ issued by the courts to prevent illegal usurpation of a public office. It literally means 'by what authority' and challenges the holder to show the legal basis for their claim to the office. Mandamus directs action, Certiorari quashes illegal orders, and Prohibition prevents lower courts from exceeding jurisdiction.

This question tests knowledge of important Industrial Disputes Act case law. Go-Slow was indeed held to be a serious case of misconduct in Vijay Cotton Mills Vs. Workmen. The question has a typo ('no, matched' instead of 'not matched') - you should pick the pair that IS correctly matched.

Under the Hindu Succession Act 1956, coparcenary property devolves by succession (not survivorship) upon the death of a coparcener. The 1956 Act abolished the traditional Mitakshara survivorship rule for most cases. Coparcenary property can be partitioned, so options C and D are incorrect.

A counter offer operates as a rejection of the original offer and simultaneously constitutes a new offer. It is essentially a conditional acceptance - 'I accept, but only if...' - which destroys the original offer. The original offeror can then accept this counter offer to form a contract.

Res Ipsa Loquitur is a Latin maxim meaning 'the thing speaks for itself.' It is a doctrine in tort law where negligence can be inferred from the very nature of the accident or injury, without needing direct evidence of the defendant's breach of duty. It applies when the accident would not normally occur without negligence.

The correct IPC section sequence is: Section 34 (Joint Liability), Section 120A (Criminal Conspiracy), Section 375 (Rape), and Section 511 (Attempt). This arrangement follows numerical order of sections in the Indian Penal Code. Option C correctly sequences them as (iv), (iii), (i), and (ii).

The doctrine of colourable legislation states that what cannot be done directly cannot be done indirectly. It prevents legislatures from achieving a prohibited end by indirect means when the direct means are forbidden. This ensures legislative bodies do not overstep their constitutional authority through clever drafting.

Under the postal rule (mailbox rule), acceptance is complete when posted, not when received. However, it can be revoked if it never reaches the proposer. Once acceptance is in the post, it cannot normally be revoked, but if the letter is lost and never arrives, the acceptance fails. Option C captures this nuance correctly.

This matches important Industrial Disputes Act cases: Coir Board case established what constitutes 'industry'; Pipraich Sugar Mills case dealt with retrenchment; Sundarbal case defined 'workman'; and Western Automobile case dealt with 'employer'. Option B correctly pairs: Coir Board (industry), Pipraich (retrenchment), Sundarbal (workman), Western Auto (employer).

In Muslim law, marriage during Iddat is void (prohibited waiting period). Marriage with an impotent person is voidable (not void ab initio). Marriage below 18 years (for a woman) under the Child Marriage Restraint Act is voidable. Marriage with a person of unsound mind is voidable. Option A correctly identifies all as voidable except (a) which should be void.