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
If Gajodhar Pharmaceuticals enter into an agreement with GMS wherein the former agrees to hire only the existing members of GMS as employees, then:
The agreement would be illegal as it would curtail the union members’ right to decide with whom they would like to associate.
Such an agreement would infringe the union’s right to decide with whom to associate and therefore is legally not enforceable
The agreement would not be enforceable as it would infringe upon the employer’s right not to join an association.
The constitutionality of this agreement cannot be contested on grounds of contravention of fundamental rights as such rights are not applicable to private persons.
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