1. PRINCIPLE: In the Law of Evidence, a person missing for long and not heard of, for over seven years is presumed to have died.
FACTS: A, B and C are children of F and M. At the age of 20, A went out in search of a job and then did not contact the family. All attempts to trace A by the family failed. Eight years after the death of the parents, B and C entered into a partition and took equal share in the property of F and M. One year after this, A returned home with his wife and two children and claimed his share in the property. Whether A’s claim is legally sustainable?
(a) Since A was not heard of, for more than eight years, the legal presumption of death will apply and hence, he cannot claim a share in the property
(b) It was A’s duty to be in touch with the family at least once in a year. The failure of this duty will disentitle him from claiming the property
(c) A will succeed because he is a legitimate son of F and M
(d) B and C are legally bound to give 1/3rd share of the property to A.
2. PRINCIPLE 1: No person shall be discriminated on the ground of religion, gender, caste, creed, residence or place of birth, except by a law, which is enacted with intelligible differentia and reasonable nexus.
PRINCIPLE 2: A law is said to have intelligible differentia if it seeks to differentiate and distinguish a group of persons from others, for whom the legislation is intended or directed.
PRINCIPLE 3: A law is said to have reasonable nexus if the intelligible differentia caused by legislation has the connection with the object sought to be achieved by the legislation.
PRINCIPLE 4: Discrimination can be justified if it is necessary and expedient to ensure the well-being of disadvantaged groups such as women and children.
FACTS: India is a country full of social and economic disparities. National Board of Secondary Education (NBSE) under Ministry of Human Resources Development (MHRD) regulates primary and secondary education in India. Many villages and semi-rural areas do not even have facilities such as Chemistry and Biology laboratories in secondary school. In order to ensure level playing field for students from rural background, MHRD issued a circular to NBSE to grant full marks to students from rural background in practical examination of Chemistry and Biology for Senior Secondary Board Examination. Whether the circular can be said to have reasonable nexus?
(a) No, as the circular is not law in itself and merely recommendatory in nature
(b) Yes, as it has connection with the objective to grant level playing field to students from rural background
(c) Yes, the discrimination is made for children which is justified in law
(d) No, as it has no reasonable connection with the objective it seeks to achieve.
The answers are: 1. (a); 2. (d).
1. Statements: Some knots are hooks.
All hooks are wires.
All wires are hugs.
Some hugs are guts.
I. Some knots are guts.
II. Some hooks are guts.
III. All hooks are hugs.
IV. Some knots are wires.
(a) Only I and III follow
(b) Either I or II and III follow
(c) Only III and IV follow
(d) Only II and III follow.
2. Statements: Some vadas are dawns.
Some dawns are octals.
Some octals are yarns.
All yarns are stones.
I. Some yarns are vadas.
II. Some stones are octals.
III. Some octals are vadas.
IV. Some stones are dawns.
(a) None follows
(b) Only I follows
(c) Only II follows
(d) Only III follows.
3. Statements: All blues are seas.
Some seas are triangles.
Some triangles are backs.
All backs are ponds.
I. Some triangles are ponds.
II. Some backs are seas.
III. Some seas are blues.
IV. No blue is a pond.
(a) Only II follows
(b) Only I and III follow
(c) Only III follows
(d) Either I or II follows.
4. All students of a class are sitting in a straight row from left to right. Sneha is sitting at 18th position from the left and Vimal is sitting at 29th position from the right. If there are 21 students sitting in between Sneha and Vimal, then find the position of Sheetal from the right if she is sitting third to right of Sneha.
The answers are: 1. (c); 2. (c); 3. (b); 4. (d).
1. Statement: The airlines have requested all their bona fide passengers to check the status of flight operations before leaving their homes as heavy fog is causing immense problems to normal flight operations.
(A) The majority of the air passengers may check the flight status before starting their journey to the airport.
(B) The government may take serious objection to the notice issued by the airline company.
(C) Majority of the passengers may cancel their tickets and postpone their journey till the situation becomes normal.
(a) None is implicit
(b) Only (A) is implicit
(c) Only (B) is implicit
(d) Only (C) is implicit.
2. Statement: Using calculator for simpler calculations adversely affects mathematical abilities of children.
I. Using calculator for complex calculations may not affect mathematical abilities adversely.
II. Complex calculations cannot be done manually without the help of a calculator.
(a) Only I is implicit
(b) Only II is implicit
(c) Either I or II is implicit
(d) Neither I nor II is implicit.
The answers are: 1. (b); 2. (d).