AILET (All India Law Entrance Test) Legal-Aptitude: Questions 191 - 192 of 254

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Question 191

Appeared in Year: 2020

Question

MCQ▾

Which of the following statements is/are correct regarding the Citizenship (Amendment) Act 2019?

I. The Act does not apply to tribal areas of Tripura, Mizoram, Assam and Meghalaya but apply to all other states and UTs in India.

II. The Act provides that that no order of cancellation of registration shall be passed unless the Overseas Citizen of India Cardholder has been given a reasonable opportunity of being heard.

III. The Act increases the period of naturalization for such group of persons from six years to eight years.

IV. The Act applies to those who were “forced or compelled to seek shelter in India due to persecution on the ground of religion” . It aims to protect such people from proceedings of illegal migration.

Choices

Choice (4)Response

a.

I, III, IV

b.

II, III, IV

c.

II, IV

d.

I, IV

Question 192

Appeared in Year: 2020

Question

MCQ▾

Legal Principles:

(1) A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that party.

(2) “Misrepresentation” means and includes — the positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true; any breach of duty which, without an intent to deceive, gains an advantage of the person committing it, or any one claiming under him, by misleading another to his prejudice, or to the prejudice of any one claiming under him; causing, however innocently, a party to an agreement, to make a mistake as to the substance of the thing which is the subject of the agreement.

Fact: XY Company in its prospectus stated that the company was permitted to make engines that were powered by electricity, rather than by fuel. In reality, the company did not possess such a right as this had to be approved by the Government Board. Gaining the approval for such a claim from the Board was considered a formality in such circumstances and the claim was put forward in the prospectus with this information in mind. However, the claim of the company for this right was later refused by the Board. The individuals who had purchased a stake in the business, upon reliance on the statement, brought a claim for deceit against the defendant՚s business. Decide.

Choices

Choice (4)Response

a.

The company is liable as their false statements has resulted in causing loss to the shareholders.

b.

The company is not liable as the statement in its prospectus was simply incorrect and not fraudulent.

c.

The shareholders should have collected as much information regarding the company as possible before purchasing a stake in it.

d.

The company is liable for false representation as their claims were eventually turned out to be false.

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