CLAT Legal-Aptitude: Questions 104 - 105 of 1066
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Rules A: The State shall not discriminate, either directly or indirectly, on the grounds of sex, race, religion, caste, creed, sexual orientation, marital status, disability, pregnancy, place of birth, gender orientation or any other status.
Rules B: Direct discrimination occurs when for a reason related to one or more prohibited grounds a person or group of persons is treated less favorably than another person or another group of persons in a comparable situation.
Rules C: Indirect discrimination occurs when a provision, criterion or practice which is neutral on the fact of it would have the effect of putting persons having a status or a characteristic associate with one or more prohibited grounds at a particular disadvantage compared with other persons.
Rules D: Discrimination shall be justified when such discrimination is absolutely necessary in order to promote the well-being of disadvantaged groups, such as women, dalits, religious minorities, sexual minorities or disabled persons.
FACTS: On 2nd October 2010, the Governor of the state of Bihar ordered the release of all women prisoners who were serving sentence of less than one-year imprisonment to mark the occasion of Mahatma Gandhi’s birthday.
Question number: 104 (1 of 1 Based on Passage) Show Passage
Appeared in Year: 2011
Which of the following is correct with respect to the Governor’s order?
It discriminates directly as well as indirectly on the ground of sex.
It discriminates directly on the ground of sex.
It discriminates indirectly on the ground of sex.
It does not discriminate on the ground of sex.
Question number: 105
PRINCIPLE: All agreements are contracts if they are made by the free consent of parties
competent to contract, for a lawful consideration and with a lawful object, and are
not hereby expressly declared to be void. Consent is said to be free when it is devoid of coercion, undue influence, fraud, misrepresentation. “Coercion” is the committing, or threating to commit, any act forbidden by the Indian Penal Code or the unlawful detaining, or threatening to detain, any property, to the prejudice of any person whatever, with the intention of causing any person to enter into an agreement.
FACTS: Rama bai is a maid and works under Banjari. Rama bai has not worked under Banjari since six months but still she is paid her monthly salary by Banjari and that too on time. One day, due to accident of her husband, she needs money for her dealings and goes to borrow the same from Banjari. Banjari agrees to give the money but charges an interest rate of a massive sixty percent on the same. Rama urgently needs the money so she borrows the same. Is the agreement void?
Yes, the agreement stands annulled as there is coercion happening.
No, all conditions for a contract stand fulfilled.
Yes, there seems to be an infusing factor of undue influence in the present case vitiating free consent.
Yes, there cannot be any agreement or a contract done by a maid as a party.