CLAT (Common Law Admission Test) Legal-Aptitude: Questions 138 - 140 of 1064

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Passage

PRINCIPLES

A. The fundamental right to freedom of association includes the right to form an association as well as not join an association.

B. The fundamental right to freedom of association also includes the freedom to decide with whom to associate.

C. The fundamental right to freedom of association does not extend to the right to realize the objectives of forming the association.

D. Fundamental rights are applicable only to laws made by or administrative actions of the State and do not apply to actions of private persons.

E. Any law in contravention of fundamental rights is unconstitutional and therefore cannot bind any person.

FACTS

Gajodhar Pharmaceuticals, a private company, offered an employment contract of two years to Syed Monirul Alam. One of the clauses in the employment contract provided that Syed Monirul Alam must join Gajodhar Mazdoor Singh (GMS), one of the trade unions active in Gajodhar Pharmaceuticals.

Question number: 138 (5 of 5 Based on Passage) Show Passage

» Law: Nature and Classification

Appeared in Year: 2011

MCQ▾

Question

If Parliament enacts a law which requires every employee to join the largest trade union in their workplace mandating Syed Monirul Alam to join GMS, then:

Choices

Choice (4) Response

a.

Such a law would merely govern private action to which fundamental rights do not apply.

b.

Such a law would not curtail any individual’s right to freedom of association.

c.

Neither the employment contract, nor the law of the parliament would be enforceable as they would curtail the freedom of association.

d.

The law of parliament would violate an individual’s freedom not to join any association and therefore be unconstitutional.

Question number: 139

» Law: Nature and Classification

MCQ▾

Question

The clauses of amendment in the Indian Constitution have been borrowed from:

Choices

Choice (4) Response

a.

American Constitution

b.

British Constitution

c.

Canadian Constitution

d.

South African Constitution

Question number: 140

» Contract Law

Appeared in Year: 2013

MCQ▾

Question

PRINCIPLE: An agreement may be oral or written. However, if a law specifically requires that an agreement must be in writing then the agreement must be in writing. A law specifically requires that the agreements relating to transfer of the copyright in novel between an author of a novel and the producer of a motion picture must be in writing.

FACTS: The author of a novel, Love at Lost Sight, had several rounds of discussion with a producer of motion picture regarding making of a motion picture based on Love at Lost Sight. During the last discussion, they decided to make a motion picture on Love at Lost Sight. The producer made a motion picture on Love at Lost Sight after making a payment of Rs. 10, 00, 000/- (Ten Lac Only) in cash to the author who happily accepted this amount as full and final payment. Later on, on the advice of his lawyer, the author brought a case in a court of law against the producer on the ground that there is no written agreement between the producer and him.

Choices

Choice (4) Response

a.

The author cannot succeed in the case as he has given his consent to the agreement

b.

The author is likely to succeed in the case as the agreement is not in accordance with the law

c.

The author can succeed in the case as the consideration is not adequate

d.

The author is not likely to succeed in the case because he has already accepted the amount of Rs. 10, 00, 000/- as full and final payment

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