कानुन प्रवेश परीक्षा LLB प्रवेश (३ वर्षे) तयारी

कानुन प्रवेश: प्रश्न र उत्तर

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

सही: ० / ०

1791. Principle: A writ of mandamus can be issued to compel a public authority to perform a public duty imposed on it by law. Facts: An applicant fulfils every legal condition for a licence, and the law says the authority 'shall issue' it. The authority refuses without any reason. Decide.

      कA writ of habeas corpus is the proper remedy. खA writ of quo warranto is the proper remedy. गNo remedy is available, because licensing is discretionary. घA writ of mandamus is the proper remedy.
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1792. Principle: An act done by an authority beyond the powers given to it by law is void (ultra vires). Facts: A municipality, empowered by law only to collect waste-management fees, issues an order imposing income tax on its residents. Decide.

      कThe order is valid, because the municipality is a government body. खThe order is valid if the residents agree. गThe order is valid for one year. घThe order is void, because it is beyond the municipality's powers.
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1793. Principle: A person to whom a power has been delegated cannot further delegate it unless expressly permitted (delegatus non potest delegare). Facts: A statute gives the Chief District Officer power to cancel arms licences. Without any authority, the CDO hands this power to his office clerk, who cancels A's licence. Decide.

      कThe cancellation is invalid, because the power was wrongly sub-delegated. खThe cancellation is valid, because the clerk works in the CDO's office. गThe cancellation is valid, because the CDO approved the clerk. घThe cancellation is valid if A broke a rule.
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1794. Principle: Equality before law does not prevent the State from making special provisions for groups that are socially or economically disadvantaged. Facts: The government reserves some scholarships only for students from economically poor families. A student from a rich family challenges this as discrimination. Decide.

      कThe scheme is invalid, because all students must be treated alike. खThe scheme is valid as a special provision for the disadvantaged. गThe scheme is invalid, because it uses public money. घThe scheme is valid only if the rich student also gets a scholarship.
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1795. Principle: No one shall be a judge in his own cause. Facts: A judge hears and decides a case involving a company in which his wife holds a large number of shares, without disclosing this. Decide.

      कThe decision is valid, because the judge is honest. खThe decision is valid, because the wife is not a party. गThe decision can be challenged on the ground of bias. घThe decision is valid, because the judge applied the law.
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1796. Principle: An arrested person must be produced before the adjudicating authority within 24 hours of arrest, excluding the time needed for the journey. Facts: Police arrest A and keep him in custody for three days, without producing him before any court or adjudicating authority. Decide.

      कThe detention is lawful, because police are investigating. खThe detention is lawful for up to one week. गA's detention after 24 hours is unlawful. घThe detention is lawful if A is a suspect in a serious crime.
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1797. Principle: No person accused of an offence shall be compelled to be a witness against himself. Facts: During trial, the court orders the accused to answer questions that would prove his guilt, and threatens to punish him if he stays silent. Decide.

      कThe order is valid, because courts must find the truth. खThe order is valid if the offence is serious. गThe accused must answer, because silence proves guilt. घThe order violates the right against self-incrimination.
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1798. Principle: No person shall be punished for an act which was not punishable by law when it was done. Facts: In 2020 A did an act that was lawful at the time. In 2023 a new law makes such acts a crime, and A is prosecuted for his 2020 act. Decide.

      कA cannot be punished, because the act was lawful when it was done. खA can be punished, because the act is now a crime. गA can be punished with a lighter sentence. घA can be punished if the new law says so.
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1799. Principle: No person shall be prosecuted or punished more than once for the same offence. Facts: A is tried for murder and acquitted by a competent court. A year later the police file a fresh case against A for the same murder. Decide.

      कThe second prosecution is valid if there is new evidence. खThe second prosecution is barred. गThe second prosecution is valid, because murder is serious. घA must prove his innocence again.
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1800. Principle: Kidnapping from lawful guardianship is taking a minor out of the keeping of the lawful guardian without the guardian's consent; the minor's own consent is irrelevant. Facts: Without telling her parents, A takes a 14-year-old girl away from her home to another city. The girl says she went willingly. Decide.

      कA is not guilty, because the girl consented. खA has committed kidnapping, because the guardian did not consent. गA is not guilty, because he used no force. घThe girl is guilty of abetment.
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।