Legal Reasoning (कानुनी तर्क) – Legal Reasoning MCQ

Legal Reasoning (कानुनी तर्क): प्रश्न र उत्तर

सही लागेको विकल्पमा थिच्नुहोस्। सही भए हरियो, गलत भए रातो देखिन्छ; ३ सेकेन्डपछि सही उत्तर र व्याख्या देखिन्छ।

सही: ० / ०

41. Principle: A court cannot supply an omission in a statute by adding words that the legislature did not use (casus omissus). Facts: A welfare Act gives free medicines to 'senior citizens and persons with disabilities.' A petitioner asks the court to read 'pregnant women' into the list because they also need help. Decide.

    कThe court should not add the omitted category; that is for the legislature खThe court must add pregnant women to the list गThe court must strike down the whole Act घThe court should extend the Act to everyone
    💬 टिप्पणी / गल्ती रिपोर्ट (०)

    छलफल / प्रश्न उत्तरमा गल्ती छ

    पठाउनुहोस्

    टिप्पणी जाँचपछि मात्र देखिन्छ।

42. Principle: A proviso operates as an exception to the main provision it is attached to and cannot be used to enlarge the scope of that provision. Facts: A section exempts 'charitable hospitals' from a tax, 'provided that a hospital earning profits from a pharmacy shall pay tax on such profits.' A private school argues that the proviso shows the section also covers schools. Decide.

    कThe proviso cancels the main provision खThe school is exempt because of the proviso गThe proviso makes all institutions taxable घThe argument fails, as a proviso only qualifies the main provision
    💬 टिप्पणी / गल्ती रिपोर्ट (०)

    छलफल / प्रश्न उत्तरमा गल्ती छ

    पठाउनुहोस्

    टिप्पणी जाँचपछि मात्र देखिन्छ।

43. Principle: Where a definition in a statute uses the word 'includes', it enlarges the ordinary meaning of the word defined rather than restricting it to the listed items. Facts: An Act provides that 'vehicle includes a bicycle'. A question arises whether a car is a 'vehicle' under the Act. Decide.

    कA car is a vehicle only if it is driven slowly खOnly a bicycle is a vehicle under the Act गA car is a vehicle, as 'includes' adds to the ordinary meaning घThe court cannot decide without a new definition
    💬 टिप्पणी / गल्ती रिपोर्ट (०)

    छलफल / प्रश्न उत्तरमा गल्ती छ

    पठाउनुहोस्

    टिप्पणी जाँचपछि मात्र देखिन्छ।

44. Principle: A transfer of property made with intent to defeat or delay the transferor's creditors is voidable at the option of any creditor so defeated or delayed. Facts: Knowing that his creditors are about to file suits, D gifts his only house to his cousin. The creditors find nothing else to attach. Decide.

    कThe creditors may have the gift set aside खThe gift is valid and the creditors cannot touch the house गThe cousin becomes liable for all of D's debts घD is freed from his debts by the gift
    💬 टिप्पणी / गल्ती रिपोर्ट (०)

    छलफल / प्रश्न उत्तरमा गल्ती छ

    पठाउनुहोस्

    टिप्पणी जाँचपछि मात्र देखिन्छ।

45. Principle: When, with the consent of the real owner, a person is the ostensible owner of immovable property and transfers it for consideration, the transfer is not voidable on the ground that he had no authority, if the transferee acted in good faith after taking reasonable care. Facts: A buys land in the name of his brother B and allows B to appear as owner in all records. B sells the land to C, who checked the records and paid the price in good faith. A seeks to cancel the sale. Decide.

    कB and C are both guilty of theft खThe sale is void because A is the real owner गC must return the land but A must refund the price घThe sale to C is valid, as B was the ostensible owner with A's consent
    💬 टिप्पणी / गल्ती रिपोर्ट (०)

    छलफल / प्रश्न उत्तरमा गल्ती छ

    पठाउनुहोस्

    टिप्पणी जाँचपछि मात्र देखिन्छ।

46. Principle: A transfer of property cannot be made so as to postpone the vesting of an interest beyond the lifetime of persons living at the time of the transfer and the minority of an unborn person who is to take it (rule against perpetuity). Facts: A transfers property to trustees to be given to the first of his descendants who becomes a doctor, at whatever time that may happen, even several generations later. Decide.

    कThe trustees become absolute owners खThe transfer is valid, as A may give property to anyone गThe transfer is valid only if a doctor is born within a year घThe transfer is void as it offends the rule against perpetuity
    💬 टिप्पणी / गल्ती रिपोर्ट (०)

    छलफल / प्रश्न उत्तरमा गल्ती छ

    पठाउनुहोस्

    टिप्पणी जाँचपछि मात्र देखिन्छ।

47. Principle: A right of way over another's land may be acquired by prescription if it has been enjoyed openly, peaceably, as of right and without interruption for the period fixed by law. Facts: For longer than the period fixed by law, villagers have openly used a footpath across A's field to reach the river, without asking permission and without any objection. A now blocks the path. Decide.

    कThe villagers have acquired a right of way by prescription खA may block the path, as the land is his गThe villagers must buy the path from A घThe right of way exists only during the monsoon
    💬 टिप्पणी / गल्ती रिपोर्ट (०)

    छलफल / प्रश्न उत्तरमा गल्ती छ

    पठाउनुहोस्

    टिप्पणी जाँचपछि मात्र देखिन्छ।

48. Principle: Where a lease expressly forbids sub-letting, a tenant who sub-lets without the landlord's consent breaches the lease and the landlord may terminate it. Facts: T rents a flat under a lease that forbids sub-letting. Without asking the landlord, T sub-lets one room to a student for monthly rent. Decide.

    कThe student becomes the new tenant of the whole flat खT may sub-let because he pays rent regularly गThe landlord may terminate the lease for breach घThe landlord must accept the student as tenant
    💬 टिप्पणी / गल्ती रिपोर्ट (०)

    छलफल / प्रश्न उत्तरमा गल्ती छ

    पठाउनुहोस्

    टिप्पणी जाँचपछि मात्र देखिन्छ।

49. Principle: A will must be signed by the testator and attested by the witnesses required by law; a document lacking the required attestation is not a valid will. Facts: A writes and signs a document leaving his house to his nephew but has no witness attest it, though the law requires two attesting witnesses. After A's death, the nephew claims the house under the document. Decide.

    कThe document is not a valid will, so the nephew cannot claim under it खThe document is valid because A signed it गThe document is valid because A wrote it himself घThe nephew gets half the house
    💬 टिप्पणी / गल्ती रिपोर्ट (०)

    छलफल / प्रश्न उत्तरमा गल्ती छ

    पठाउनुहोस्

    टिप्पणी जाँचपछि मात्र देखिन्छ।

50. Principle: An adopted child has the same rights in the family of the adoptive parents as a child born to them. Facts: A and B legally adopted R. After their death, their natural-born son S claims their entire property, saying R is only adopted. Decide.

    कS alone is entitled to the property खR is entitled to an equal share with S गR gets only a quarter share घR can inherit only from his natural parents
    💬 टिप्पणी / गल्ती रिपोर्ट (०)

    छलफल / प्रश्न उत्तरमा गल्ती छ

    पठाउनुहोस्

    टिप्पणी जाँचपछि मात्र देखिन्छ।