CLAT Legal-Aptitude: Questions 140 - 142 of 1066
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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.
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: 140 (5 of 5 Based on Passage) Show Passage
Appeared in Year: 2011
Decide which of the following propositions can be most reasonably inferred through the application of the stated legal rules to the facts of this case:
The employment contract infringes Syed Monirul Alam’s freedom to decide with whom to associate and therefore is legally not enforceable.
The condition requiring Monirul Alam to join GMS cannot bind him as it impinges on his freedom not to join any association.
Syed Monirul Alam cannot claim a fundamental right to freedom of association against Gajodhar Pharmaceuticals and therefore, the contract would bind him even though his freedom of association is restricted.
The employment contract offered to Monirul Alam to join GMS is legal as it does not restrict his freedom not to join any association.
Question number: 141
The clauses of amendment in the Indian Constitution have been borrowed from:
South African Constitution
Question number: 142
Appeared in Year: 2013
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.
The author cannot succeed in the case as he has given his consent to the agreement
The author is likely to succeed in the case as the agreement is not in accordance with the law
The author can succeed in the case as the consideration is not adequate
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