CLAT Legal-Aptitude: Questions 55 - 57 of 1066
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PRINCIPLE: Citizenship implies birth in the country under consideration. All citizens of a country shall have the right to practice any profession, or to carry on any occupation, trade or business in that country. The exercise of this shall not affect operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right.
FACTS: Radha, an orphan lady born in a town of South Africa had been the disciple of a great painter of India. Fanaticism struck her and she started advocating male nudity in India. She used to send her children to school without any clothes on top and also used to ensure that her servants remained nude all the time.
Question number: 55 (1 of 2 Based on Passage) Show Passage
A public interest litigation was filed against her. However, Radha expressed that Radha has right to practice any profession or carry on any trade, occupation or business. Select the correct option.
Radha is right in her contention as she is given the said right by the Constitution.
Radha is wrong in her contention as she is not eligible for the same.
Radha is wrong in her contention as an expression of the right from her side isn’t enough.
Radha is right in her contention as she has the expressed rights without any doubt whatsoever.
Question number: 56 (2 of 2 Based on Passage) Show Passage
If Radha is found eligible for the exercise of the contemplated rights and the Court takes into consideration the PIL filed against her, which of the following may be the outcome of the case?
She may be prevented from exercise of the right as reasonable restrictions can be put on the exercise of the same by enactment of law by State.
She may not be prevented from exercise of the right as there has been no existing law to this end already under exercise by State.
She may be prevented from exercise of the same because a PIL has been filed against her.
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Question number: 57
Appeared in Year: 2012
PRINCIPLE: Mere silence as to the facts likely to affect the willingness of a person to enter into a contract is not a fraud, unless the circumstances of the case are such that, on close examination it is found to be the duty of the person keeping silent to speak, or unless his silence is, in itself, equivalent to speech.
FACTS: X sells by auction to Y, a horse which X knows to be of unsound state of mind. X says nothing to Y about the horse’s unsound state of mind. Give the correct answer
X can be held liable for fraud.
X can be held liable for misrepresentation
X cannot be held liable, because he did not say anything positive about the mental state of the horse.
X cannot be held liable because it is the buyer who must be aware of the things.