CLAT Legal-Aptitude: Questions 262 - 266 of 1064

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Passage

Rule A: An owner of land has the right to use the land in any manner he or she desires. The owner of land also owns the space above and the depths below it.

Rule B: Rights above the land extend only to the point they are essential to any use or enjoyment of land.

Rule C: An owner cannot claim infringement of her property right if the space above his or her land is put to reasonable use by someone else at a height at which the owner would have no reasonable use of it and it does not affect the reasonable employment of his or her land.

Ramesh’s case: Ramesh owns an acre of land on the outskirts of Sullurpeta, Andhra Pradesh. The Government of India launches its satellites into space frequently from Sriharikota, near Sullurpeta. The Government of India does not deny that once the satellite launch has traveled the distance of almost 7000 kilometers it passes over Ramesh’s property. Ramesh files a case claiming that the Government of India has violated his property rights by routing its satellite over his property, albeit 7000 kilometers directly above it.

Question number: 262 (3 of 5 Based on Passage) Show Passage

» Tort

Appeared in Year: 2011

MCQ▾

Question

Applying only Rule B to Shazia’s case, you would decide in favor of:

Choices

Choice (4) Response

a.

Javed and Sandeep because hoisting a flag 75 feet above one’s roof is not essential to the use and enjoyment of the land.

b.

Shazia because she has the right to put her land to any use and the court cannot go into her intentions for hoisting a flag at 75 feet.

c.

Shazia because she has the absolute right to the space above her land.

d.

Javed and Sandeep because Shazia can easily hoist a flag below 70 feet.

Question number: 263 (4 of 5 Based on Passage) Show Passage

» Tort

Appeared in Year: 2011

MCQ▾

Question

Applying only Rule B and C to Ramesh’s case, you would decide:

Choices

Choice (4) Response

a.

Against Ramesh under Rule C.

b.

In favor of Ramesh only under Rule B.

c.

In favor of Ramesh under Rule B as well as C.

d.

Against Ramesh under Rule B as well as C.

Question number: 264 (5 of 5 Based on Passage) Show Passage

» Tort

Appeared in Year: 2011

MCQ▾

Question

Applying only Rules A and B to Shazia’s case, you would decide:

Choices

Choice (4) Response

a.

In favor of Shazia only under Rule A.

b.

Against Shazia under Rule A as well as B.

c.

Against Shazia under Rule B.

d.

In favor of Shazia under Rule A as well as B.

Question number: 265

» Legal Terms

MCQ▾

Question

‘To have the body’ is nothing but:

Choices

Choice (4) Response

a.

Habeas corpus

b.

Prohibition

c.

Quo warranto

d.

None of the above

Question number: 266

» Tort

Appeared in Year: 2014

MCQ▾

Question

PRINCIPLES: Trespass to land means direct interference with the possession of land without lawful justification. Trespass could be committed either by a person himself entering the land of another person or doing the same through some tangible object (s).

FACTS: `A’ throws some stones upon his neighbor’s (B’s) premises.

Which of the following derivations is CORRECT?

Choices

Choice (4) Response

a.

`A’ has not committed trespass, as he has not entered B’s premises

b.

`A’ has committed trespass

c.

`A’ has committed nuisance

d.

Question does not provide sufficient data or is vague

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