Mock 2 CLAT

Revision

C I III and IV

In this particular case the idol of lord Ram is a legal personality and this has been recognized in the Ayodhya Ram Mandir temple case temple of lord Ram however is not a legal personality as the temple does not hold any rights in itself but the idol in the temple does . the state of UP and the managemrnt of a temple are legal entities again hence 1 3 and 4 are legal entities which means option number c is the correct option

Which of the following is a legal person ?

I idol of lord ram

II the temple of lord ram

III state of UP

IV A trust managing a temple

B A corporation sole

This statement means that king is not a person but position which is eternal and hence it is a corporate soul it cannot be a corporate aggregate as it is not a conglomerate of multiple position but a single position it cannot be a natural person because once a king is dead is replaced by some other king

Therefore option number b is a correct option

A statement “king is dead, long live the king implies”

A King is a natural person

B A corporation sole

C A corporation aggregate

D Not a legal person , but a position only

B A and R is true, but R is not the correct explantion of A

Statement a is correct a child in the womb of a mother is considered as a legal entity however a child has to be born alive to attend that status which means statement R is also correct how ever statement R is not the correct explanation of a which means that option number b is correct that both a and r are correct but are is not the correct explanation of a hence oprion B

A : A child in mother womb is legal entity, from time of conception

R : A child shall be born alive to attain legal status

A I and III

Statement number one is correct a company is a legal personality created by law

statement number three is also correct that though company is a legal personality it cannot a have fundamental right in the same way as a citizen and hence fourth one and three statements are correct and other statement do not represent the clear picture of law hence option a is correct.

Statement number d is incorrect as a company is not equal into citizen as they are some differences between citizen and a company such as applicability of fundamental rights

Which is the correct position of law

I company is a legal personality

II A company can avail fundamentals rights available to citizens

III A company cannot avail fundamentals rights available to citizens

IV compmay is equilvilent to a citizen

A Only I

In this case statement number one is correct keelson believe that there is no difference between natural and Juristic personality statement number two is incorrect as legislature can crack the corporate shell and it is in the interest of justice to bring the culprit to justice the third statement is also incorrect that if a child is born dead that he has no right in property a child needs to born a life to get a share in the property has only first statement is correct that is option number a is correct

Consider the following statement and mark the correct

I. in keelson view there is no difference between naural and juristic person

II. legslture can crack the legisture shell, however the same is never in the interest of justice

III. the child in womb even if born dead is a legal dead have the right in the property

The correct option in this case is option number c rest all the theories are a theory of legal personality

Which of the following is not a theory of legal personality

A Fiction theory

B Concession theory

C Interest theory

D Bracket theory

This statement was made by the jurist John Locke who is also the profounder of the theory of social contract.

‘Every man has a property in his person. Every individual has the right to preserve his property, that is, his wife, liberty and estate.’ Which of the following jurists made this statement:

Bentham preferred to categorise jurisprudence into: expositorial and Censorial jurisprudence. Analytical jurisprudence or Expository is concerned with law , as without taking consideration of any moral or immoral characters. Censorial jurisprudence on the other hand is said to be science of legislation, meaning what the law ought to be.

According to Bentham, censorial jurisprudence means:

The correct answer is option A because the term ‘legal theory’ was for the first time, coined by W. Friedmann. Legal theory can be defined as the exposition of the abstract principles of the science of law, or a systematic study and analysis of law in all its bearings

. The term ‘legal theory’ was for the first time, coined by________in 1945 in his work “Legal theory”.

Option (b) is correct as, According to H.L.A Hart, rules are concerned not with what happens but with what is to be done. Rules are imperative or prescriptive rather than indicative or descriptive. Rules have a certain independence or self-legitimating character. Rules are different from commands

"That a legal system arises from the combination of primary and secondary rules" was enunciated by:

Lalit Kumar Jain v. Insolvency and Bankruptcy Board of India (2021) was a case where the SC held that whenever during the resolution of insolvency, the resolution plan is approved by the Board, this in itself does not discharge the sureties of the corporate debtor from their responsibilities to pay for any default made by the corporate debtor. Their liability arises from a separate contract of guarantee which is not extinguished by the insolvency resolution process.

which of the following judgments where the SC has deliberated upon the liability of the surety of a corporate debtor?

A conditional legislation is where the delegated authority decides the time and manner of operation of a particular law that has been enacted by the Legislature. For eg.: The Insolvency and Bankruptcy Code, 2016 was enacted by the Parliament but it was not completely enforced at one time. Proviso to Section 1(3) IBC, 2016 lays down that different dates may be provided for enforcement of different provisions of the Code. The Central Government has notified the commencement of various parts of the Code in a phased manner.

Which of the following is correct with regard to ‘conditional legislation’?

Section 126 Indian Contract Act, 1872 defines a contract of ‘guarantee’ as the contract to perform the promise or discharge the liability of a third person in case of his default.

Which of the following is the correct definition of a ‘contract of guarantee’?

Section 133 ICA provides that whenever the terms of a contract of guarantee are varied without the consent of the surety, then such surety is discharged from his liability. Discharge from liability means that the surety is no more liable for the actions of the principal debtor.

Under which of the following conditions, a surety is discharged from his liability under a contract of guarantee?

Section 128 ICA, 1872 provides that the liability of a surety is co-extensive with that of the principal debtor. This means that the surety is liable to the creditor to the same extent as that of the principal debtor. For eg: ‘A’ becomes a surety for ‘B’ for a payment of Rs. 1000 to ‘C’. In this case, the liability of ‘A’ is with respect to Rs. 1000 as well as any interest that ‘B’ may be liable to pay to ‘C’ in case of any default/delay in payment.

Which of the following provisions of the ICA, 1872 lays down that the liability of a surety is co-extensive with that of the principal debtor?

Section 2 of the IBC, 2016 provides that its provisions shall be applicable to:

Any company incorporated under the Companies Act, 2013 or under any previous company law

Any company governed by any special law for the time being in force

Any LLP incorporated under the Limited Liability Partnership Act, 2008

Any incorporated body corporate as the Central Government notifies in this behalf

Partnership firms and individuals

Therefore, the IBC, 2016 is applicable to all the above options.

The provisions of IBC, 2016 are not applicable to which of the following entities?