Legal Reasoning for CLAT, Passage- CAA

Part III is perhaps the most important part of the Constitution conferring fundamental rights on persons and citizens. These rights are considered inalienable and are in consonance with human rights enshrined in several documents of the United Nations such as the Universal Declaration of Human Rights (“UDHR”) and the International Covenant on Civil and Political Rights (“ICCPR”). Article 13 of the Constitution mandates that the State shall not make any law which takes away or abridges the fundamental rights conferred under Part III and any law made in contravention of this clause shall, to the extent of the contravention, be void. Article 14 guarantees to every “person” equality before the law or the equal protection of the laws within the territory of India. Article 21 guarantees that no “person” shall be deprived of his life or personal liberty except according to procedure established by law.
Part II of the Constitution deals with provisions relating to citizenship. Articles 5 to 10 deal with conferment of citizenship on persons at the time of commencement of the Constitution. Article 11 empowers Parliament to make laws with respect to citizenship. Interestingly, Article 6 which deals with migrants from Pakistan to India at the time of commencement of the Constitution does not specify that the migrants have to be of a certain religion.
In exercise of the power conferred under Article 11 of the Constitution, Parliament enacted the Citizenship Act. Section 2(1)(b) of the Citizenship Act defines “illegal migrant” as a foreigner who has entered into India without a valid passport or other travel documents or with a valid passport or other travel documents but remains in India beyond the permitted period of time.
Section 2(1)(h) defines “undivided India” to have the same meaning as assigned to “India” under the Government of India Act, 1935, as originally enacted. Section 311 of the Government of India Act, 1935 defined “India” to be British India along with the princely states. British India included modern day Pakistan and Bangladesh but not Afghanistan.
Sections 3 to 7 of the Citizenship Act deals with various modes of acquiring citizenship of India which include citizenship by birth, descent, registration, naturalisation and by incorporation of territory. It is pertinent to note that the modes of acquiring citizenship by registration and naturalisation are available to foreigners who fulfil certain specified requirements but not to “illegal migrants” (Sections 5 and 6). Interestingly, it should also be noted that one of the criterion on the basis of which a person can become an Indian citizen by registration under Section 5(1)(a) of the Citizenship Act is if he/she is a person of Indian origin who is ordinarily resident in India for a period of seven (7) years before making an application for registration. Explanation 2 to Section 5 clarifies that a person shall be deemed to be of Indian origin if he/she or either of his/her parents was born in “undivided India” or in such other territory which became part of India after 15 August 1947. Again, this definition does not make a distinction on the basis of religion and considers persons of all religions born in “undivided India” which included modern day India, Pakistan and Bangladesh as persons of Indian origin.
The CAA now seeks to carve out persons of certain specified religions (Hindus, Sikhs, Buddhists, Jains, Parsis and Christians together referred to as “Non-Muslims” hereafter for sake of convenience) from certain specified countries (i.e. Afghanistan, Bangladesh and Pakistan hereafter referred to as “Specified Countries”) from the definition of “illegal migrant” even though they may have entered into India without valid travel documentation and confer upon them the opportunity of applying for citizenship. It does this through the following amendments.
A proviso has been introduced to Section 2(1)(b) of the Citizenship Act whereby Non-Muslims from the Specified Countries who entered into India on or before 31 December 2014 shall not be treated as “illegal migrants” for the purposes of the Citizenship Act. By this proviso, the CAA carves out Non-Muslims from the Specified Countries from the broad class of “illegal migrants”. Then, the CAA inserts a new Section 6B into the Citizenship Act which explicitly confers the benefit of allowing applications for citizenship by registration or naturalisation on the Non-Muslims from the Specified Countries and confers consequent benefits of citizenship on them. The CAA also amends the Third Schedule of the Citizenship Act which prescribes the conditions for naturalisation and relaxes the duration of residence in India requirement to 5 years from 11 years for the Non-Muslims from the Specified Countries. A person can acquire citizenship by naturalisation if he/she is ordinarily resident of India for 5 years (throughout 12 months preceding the date of application and 4 years in the aggregate) and fulfils all qualifications in the third schedule of the Citizenship Act.

Source with edits, revisions, and with additions: Testing CAA On The Principles Of Constitutional Law by Avinash Amarnath
https://www.livelaw.in/columns/testing-caa-on-the-principles-of-constitutional-law-152194

Questions

1. Ahmadis are considered non-Muslims by many mainstream Muslims and face significant persecution and oppression In Pakistan. One such community of Ahmedis came to India on valid passports and visas in 2013. They now want to register themselves as citizens of India under the Citizenship Amendment Act. Decide on the basis of Citizenship Amendment Act,2019.
a. They will get the citizenship as they came to India before 2014
b. They will get the citizenship as they have stayed in India validly for more than five years.
c. They won’t get citizenship as they do not belong to the specified religion categorized under CAA.
d. They won’t get the citizenship because they belong to an enemy state.
2. Shoharban, was born in Lahore in 1943, but came to live in Delhi soon after partition. He applied for registration as citizen under S. 5 of the Citizenship Act in 1962. During his stay in India he visited his hometown twice for a period of 5 years each time. Will he succeed under the Citizenship Act?
a. Yes he will succeed as he started living in Delhi in 1947
b. No he won’t succeed as he completed the requirement of being a resident of India on continual basis for 5 years.
c. Yes he will succeed because he completed more than 5 years of stay in India
d. No he won’t succeed as he hasn’t completed the requirement of being a resident of India for 7 years before filing for registration.

3. Taslina Sherwani was born in Pakistan. She wrote a book in 1987 which caused a major uproar in Pakistan and all the state machinery as well as the public wanted to prosecute her, in fear of her life, she left Pakistan in 1989 and was granted asylum in India. She has been living in India ever since. Recently the central Government, creating an exception, accepted her request to grant Citizenship to her . She is a proud Muslim and is very happy about her new acquired citizenship. However her citizenship was challenged, under CAA, in the court, by a renowned lawyer Ashant Bhushan. Decide
a. The court will invalidate the citizenship as she is Muslim from Pakistan, and is not exempted under CAA.
b. The court will uphold the decision of central government to grant her citizenship, as the central government has the power to do so under Article 11 of Constitution.
c. The court will invalidate the citizenship status and will ask her to seek asylum again.
d. The court will order the government to accept the request of all Muslims who have asked for citizenship status.

4. Mili Irani is a Pakistani. She is a member of little Parsi community in Islamabad. She realized early in her life that there is acute discrimination against her community in Pakistan, and very little chance for her to succeed in any way. She always wanted to settle in India. After completing her graduation she applied for a visa in India and finally visited her dreamland in January 2014. Her visa expired after three months, but she didn’t want to go back so she went to Mumbai instead and started working at a film set. She is still in India and has applied for citizenship status. Decide
a. Her application will be rejected as she is an illegal migrant;
b. Her application will be accepted because she is working in India peacefully and not causing any harm to the security of India.
c. Her application will be rejected as she was never prosecuted in Pakistan and came to India only to reap greater benefits.
d. Her application will be accepted as she belongs to Non-muslim category and from one of the specified country.

5. Soniya Baghdadi is one of the Rohingya, who have managed to survive and also save her two sisters from prosecution by mob in her native country, somehow manages to cross Indian Boundary in January 2014. They belong to Muslim community. All three of them started working as labor in various places and was barely earning eat a meal each day. Then one day a Hindu fringe group became aware of them and started harassing them. They went to the police station to complain about it, but were taken straight to Detention Camps by the police, upon realizing that they were illegal infiltrators. Soniya requested to the government to grant her citizenship so that she can come into the manifold of society, will she succeed under the CAA.
a. Yes she will, as she has suffered a lot and the government can’t let her suffer anymore.
b. No, she won’t as she was snatching the employment of citizens of India and so the fringe group also targeted her.
c. No, she won’t succeed because she doesn’t fall into the non-Muslim category
d. Yes she will, as the courts are there to see and prevent her fundamental right and won’t let her encaged in the detention center just for being a Muslim.

Answers

 

 

 

 

 

 

 

CLAT Gurukul

1. C certain specified religions (Hindus, Sikhs, Buddhists, Jains, Parsis and Christians together referred to as “Non-Muslims” only are allowed to acquire citizenship under the new law.
2. D, The question asked according to the old Citizenship Act, and Section 5 of the same clearly states that the stay in India must be of 7 years before filing registration for citizenship.
3. B, article 11 empowers state to make laws and regulate citizenship; that includes the power to create exceptions. Adnan Sami is the live example.
4. D, self explanatory
5. C, Self explanatory

PASSAGE 1,2 gk

The Nobel Prize is a set of annual international awards bestowed in several categories by Swedish and Norwegian institutions in recognition of academic, cultural, or scientific advances. Initially there were five categories only but in 1969, Economics was also added in the categories of Nobel Prize. The prizes are widely regarded as the most prestigious awards available in their respective fields. The Royal Swedish Academy of Sciences awards the Nobel Prize in Chemistry, the Nobel Prize in Physics, and the Sveriges Riksbank Prize in Economic Sciences in Memory of Alfred Nobel; the Swedish Academy grants the Nobel Prize in Literature; and the Norwegian Nobel Committee awards the Nobel Peace Prize.

The Nobel Assembly awards the Nobel Prize in Physiology or Medicine to {X} was awarded the first Nobel Prize in Physiology or Medicine for his work on serum therapy, especially its application against diphtheria, “by which he has opened a new road in the domain of medical science. The Nobel Prize in Physiology or Medicine was awarded jointly to {3} on Monday for the discovery of the {4}, a breakthrough the Nobel committee said had “made possible blood tests and new medicines that have saved millions of lives”. For the first time in history, the disease can now be cured, raising hopes of eradicating hepatitis C virus from the world population.

The discovery solved a thorny scientific mystery that had plagued physicians and researchers for years & it is a landmark achievement in the ongoing battle against viral diseases. After their discovery, highly sensitive blood tests for the virus are now available and these have essentially eliminated post-transfusion hepatitis in many parts of the world, greatly improving global health.

QUESTIONS 1-5

Q.1 X was awarded the first Nobel Prize in Physiology or Medicine for his work on serum therapy, especially its application against diphtheria. Who is X here?

A. Emil Von Behring: ANSWER
B. Paul Ehrlich
C. Robert Koch
D. Louis Pasteur

Q.2 The Nobel Laureates for physiology or medicine is decided by which institute and the Prize is conferred to the winner at which place?

A. University of Pennsylvania, USA
B. University of California, USA
C. University of Oxford, UK
D. Karolinska Institute, Stockholm: ANSWER

Q.3 which of the following personalities is/are conferred with the most prestigious award Nobel Prize in the field of physiology or medicine that should be written in place of {3}?

A. Dr. Harvey J. Alter
B. Michael Houghton
C. Charles M. Rice
D. All of the above: ANSWER

Q.4 The persons conferred with Nobel Prize in the field of physiology or medicine have made discovery or their contribution on _____ {4} _____?

A. Hepatitis A virus
B. Hepatitis C virus: ANSWER
C. Aedes aegypti virus
D. None of the above

Q.5 Which of the following statements is/are true in the context of the Nobel Prize 2020 in the field of physiological or Medicine?

A. The prize was announced at the University of Pennsylvania, USA
B. The laureates have won because of the discovery of Hepatitis B virus
C. The prize was awarded jointly to Dr. Harvey J. Alter, Michael Houghton & Charles Rice: ANSWER
D. None of the above

PASSAGE

The Israeli-Palestinian conflict dates back to the end of the nineteenth century, primarily as a conflict over territory. After the 1948 Arab-Israeli war, the Holy Land was divided into three parts: the State of Israel, the West Bank (of the Jordan River), and the Gaza Strip. The 1993 Oslo Accords mediated the conflict. But in 2000, inspired by continuing Palestinian grievances, the second intifada began and was much bloodier than the first. Since taking office, the Donald J. Trump administration has made achieving an Israeli-Palestinian deal a priority, but has yet to release its long-awaited proposal for a peace process. The Abraham Accord between {2} is mediated by the USA. It is the first Arab-Israeli peace deal in {3}. There were the only two peace deals between Israel and the Arab States in more than a quarter of a century.
The agreement shows how the Arab countries are gradually decoupling themselves from the Palestine question. Palestine was among former Ottoman territories placed under UK administration by the League of Nations in 1922. All of these territories eventually became fully independent States, except Palestine.
Palestinians have condemned the Abraham Accords as a betrayal. The new agreement breaks a long-standing Arab consensus that the price of normal relations with Israel was independence for the Palestinians. 86% of Palestinians believe the normalization agreement with the UAE serves only Israel’s interests and not their own. However a balance between Shia and Sunni, between Persian and Arab, is key to any sustainable peace. The US may be a pre-eminent power in the Middle East, but Russia has made a space for itself, spending a lot less money. In recent years, China has indicated its willingness to play a larger role in this region, and is close to both UAE and Israel and, increasingly, Saudi Arabia.

QUESTIONS (1-5)

Q.1 In which of the following wars in june 1967, Israel defeated Egypt, Jordan and Syria and occupied east Jerusalem and other territories?

A. Six Days War: ANSWER
B. Fifteen Days War
C. Hundred Days War
D. None of the above

Q.2 Recently three countries have signed a Peace Deal named as “Abraham Accord”. Which of the following are the three countries that should also be replaced with {2}?

A. Israel, UAE & USA
B. Israel, UAE & India
C. UAE, Palestine & Bahrain
D. Israel, Bahrain & UAE: ANSWER

Q.3 Recently signed Abraham Accord is Peace Deal that is signed between Israel and Arab countries after ____ {3} ____?

A. 20 Years
B. 22 Years
C. 25 Years
D. 26 Years: ANSWER

Q.4 Which of the following statements is correct, over the stand of USA in Israel & Palestine conflict?

A. USA is supporting Palestinians against Israel.
B. USA is supporting Israel and has its embassy in Jerusalem: ANSWER
C. USA does not have a clear stand over the issue
D. None of the above

Q.5 Consider the following statements and answer that which of the following statements are the possible advantages to India due to Abraham Accord?

A. India can ramp up defence and security relations with UAE.
B. India will further strengthen its diplomatic ties with Israel.
C. These Gulf countries are largest oil producing countries which will benefit India.
D. All of the above: ANSWER

Legal Reasoning For CLAT, Passage- Privacy

A current proceeding earlier before the Madras high court but now transferred to the Supreme Court of India threatens fundamental harm to the freedom of expression on the internet, not only in India but elsewhere in the world. The pending petition seeks to require that Facebook make all WhatsApp messages traceable to their originator through the linkage of identity information (mobile phone or, perhaps, Aadhaar numbers) to all messages exchanged.
It should hardly be necessary – given the Supreme Court’s judgment in Justice KS Puttaswamy and Anr vs Union of India and Ors which confirmed that we have a fundamental right of privacy – to say that this petition must be dismissed as an affront to our basic constitutional freedom.

But technology is hard and law around it complicated, therefore, sweeping statements about terrorism and nationalism are made by counsels in court forcing the judges to become experts in matters far beyond most people’s expertise. They are expected to not only understand the intricacies of technology but also ensure innovation is not curtailed, all along addressing the fear mongering of new uses of technology.

Facebook is also entirely justified in objecting that it could not possibly satisfy such an order without fundamentally compromising the architecture of WhatsApp not only in India, but also throughout the world. WhatsApp is a credible communications system because it provides “end to end” encryption of the messages it carries, ensuring that Facebook itself cannot read the contents of our communications. Facebook can, it is true, determine the identity of any message’s sender and recipient,. The demand for traceability is therefore a demand that Facebook compromises the security of all communications it handles.

By now, many of us are accustomed to observing technologists who find law challenging and lawyers who understand no technology and policy makers who are expected to know it all but are usually lost balancing several competing interests. Most law officers for the government assisting the court nonetheless inform the court that if only Facebook understood its technology as well as they understand it, everybody would see at once that down is up, light is dark and left is right. One submission says that Facebook can be required to add the identity information of each message originator to the message itself before it is “end to end” encrypted, allowing every communication to be traced back through the chain of forwarding to its original source.

Many well-intentioned observers have pinned all their hope on the recently tabled Personal Data Protection Bill, 2019, to protect citizens from the ever broadening reach and greed of companies and other entities for our data. While India does need such a law urgently, in no way can this address the problems being presented by this case where all citizens’ privacy and security is held ransom to check the notoriety of a few malicious players.

Chandrachud J , while Writing the plurality opinion in Puttaswamy, holds that the right to privacy is not independent of the other freedoms guaranteed by Part III of the Constitution. It is an element of human dignity and is an inalienable natural right. He focuses on the informational aspect of privacy, its connection with human dignity and autonomy, and rejects the argument that privacy is an elitist construct. During the course of his opinion, Chandrachud J. makes several observations about privacy in the digital economy, dangers of data mining, positive obligations on the State, and the need for a data protection law. He also raises an important point about the negative and positive elements of privacy. The former restricts the State from unfairly interfering in the privacy of individuals, while the latter obliges it to put in place a legislative framework to restrict others from doing so.

In our view, the Supreme Court should reaffirm that the fundamental right of privacy under Article 19 recognised in Puttaswamy protects both the secrecy and the anonymity of our personal communications, and prevents GoI or its courts from ordering technological intermediaries to breach those rights on its behalf. The government’s law officers should be required to tell the Supreme Court whether they wish to stand behind this witch’s brew, or whether the technologies of totalitarianism are unacceptable in the world’s largest democracy.

Source with edits, revisions, and with additions: Protect right to privacy: Petition to make social media traceable strips the privacy right of all meaning, https://timesofindia.indiatimes.com/blogs/toi-edit-page/protect-right-to-privacy-petition-to-make-social-media-traceable-strips-the-privacy-right-of-all-meaning/

Questions

1. Kunal created a Facebook page using an anonymous account and was constantly uploading political satires on the page. One day he posted very mean things against an MP from Bihar aiming to ridicule him. The government asked Facebook to cooperate in finding the perpetrator. Does Facebook have the option of denying the request according to the authors’ views?

a. Yes, Facebook can deny cooperating as the fundamental right of privacy under Article 19 recognized in Puttaswamy protects both the secrecy and the anonymity.
b. No, Facebook can’t deny the request as fundamental right of privacy under Article 19 recognized in Puttaswamy protects both the secrecy and the anonymity of our personal communications.
c. Yes, Facebook can deny the request as the page is created using a fake account.
d. No, Facebook will have to cooperate as the page admin has violated Indian law by defaming an MP.

2. Personal Data Protection Bill, 2019, is aimed at protection of citizens from the ever broadening reach and greed of companies and other entities for our data; however this doesn’t provide a resolution for the problem raised by the author in the passage, what is the main reason for this according to the authors?

a. Because it is the high headedness of the politicians which is causing these companies to leak our data.
b. Because the law itself allows such interference in the name of security and national interest.
c. Because the law in India is outdated and there is urgency to create data protection mechanism.
d. Internet and data is still not accessible to the majority of population in India.

3. J. Chandrachud raised an important point about the negative and positive elements of privacy, the former restricts the State from unfairly interfering in the privacy of individuals, while the latter obliges it to put in place a legislative framework to restrict others from doing so. What other right as follows have similar characteristics?

a. Right to free speech.
b. Right to life.
c. Right to property.
d. All of the above.

4. Kunal created a Whatsapp account and messaged his friend, a meme mocking the CM of Bihar, his friend after receiving the meme uploaded it on his story and cited the source as unknown. The police got a hold of him and started interrogating him. He confessed that he hadn’t created the meme but he didn’t reveal Kunal’s name either. The police asked Facebook to cooperate in finding the creator of the meme by looking into the inbox of Kunal’s friend. Does Facebook have the option of denying the request according to the authors’ views?

a. Yes, as the Facebook can’t enter into messages of any user.
b. No, the meme was posted online and viewed by so many people, Facebook must help in find the violator. .
c. Yes, as the meme was sent via message hence constitutes personal communication.
d. No, as the meme was ultimately posted publicly so Facebook have to trace the creator.

5. Let assume in the hypothetical above, his friend has given credit to Kunal for the meme while posting it on his stories, does the police now has a basis to pursue an Investigation against Kunal?
a. No, as the friend here could have easily lied about the source.
b. No, as the meme is not signed, someone assertions about its creator is baseless.
c. Yes, as Kunal only has sent the meme in the first place.
d. Yes, as Kunal has been credited the maker of the meme by his friend.

Answers

 

 

 

CLAT Gurukul

1. B. The author clearly states that In their view, the Supreme Court in Puttaswamy affirmed the fundamental right of privacy under Article 19 recognized protects both the secrecy and the anonymity of our communication. The fact that Kunal created the page using an anonymous account proves his intent to save his anonymity.
2. B. The author argues that though the bill is imperative it in no way can this address the problems being presented by this case where all citizens’ privacy and security is held ransom to check the notoriety of a few malicious players. Here the notoriety of a few malicious players is in context of users of facebook who use social media to share information regarding terrorism and intend and plan to harm the state machinery. It is further clear from the fact that the Madras court itself gave the judgment under influence of the government counsels sweeping statements about terrorism and nationalism.
3. D. All of the rights have such negative and positive elements attributed to them.
4. C. It is clear from the facts that the Supreme Court in Puttaswamy affirmed the fundamental right of privacy under Article 19 recognized protects both the secrecy and the anonymity of our personal communication. Here the communication is personal and done via Whatsapp.
5. B. That is the problem the author talks about when it states that when a message is end-to-end encrypted, the source or the originator can be identified but the authenticity of the content can’t be verified as it can’t look into the contents of the message.

Questions on Law of Torts for CLAT, AILET – Part-1

1) “Principle: Damage without the violation of a legal right is not actionable in a court of law. If the interference with the lights of another person is not unlawful or unauthorised, but a necessary consequence of the exercise defendant’s own lawful rights, no action should lie.

Facts: There was an established school (‘ES’) in a particular locality. Subsequently, a new school (‘NS’) was set up in the same locality, which charged lower fees, on account of which people started patronoising the new school. Because of the Competition ‘ES’ had to reduce its fees. ‘ES’ filed a case against ‘NS’ saying that ‘NS’ had caused it (‘ES’) financial loss and thus, claimed compensation.

Which of the following derivations is CORRECT?”

1. Since no legal right of ‘ES’ had ben violated, therefore, as such, no compensation could be granted.

2. Since damge is caused to ‘ES’ therefore, it should be awarded compensation.

3. ES’ should be awarded compensation, as opening of school in competition is not good.

4. No compensation could be granted, as reduction in fees is good for the public.

2) “Principle: Whenever there is an invasion of a legal right, the person in whom the right is vested, is entitled to bring an action though he has suffered no actual loss or harm and may recover damgaes (compensation).

Facts: ‘A’ was a qualified voter for the Lok Sabha election. However, a returning officer wrongfully refused to take A’s vote. Inspite of such wrongful refusal, the candidate, for whom ‘A’ wanted to vote, won the election. But, ‘A’ brought an action for damages.

1. Since, no legal right of ‘A’ had been violated, therefore, as such, no compensation could be granted.

2. Since legal right of ‘A’ had been violated, therefore, compensation should be granted.

3. No compensation could be granted, as ‘A’ had suffered no loss as his candidate won the election.

4. Since no fundamental right of ‘A’ had been violated, therefore, as such, no compensation could be granted.

3) “Principle: Damages are the money recompense, as far as money can do for the violation of a right.

Facts: A, an Indian citizen, having a right to vote, was not allowed to cast his vote on the polling booth, by the returning officer. Name of A was mentioned in the voters’ list. A has also reported at the polling booth in time. However, the candidate in whose favour A would have cast his vote won the election. A filed a suit claiming damages.”

1.A will be entitled to damages

2. A will not be entitled to damages

3. A will not be entitled to only nominal damages

4. A will be entitled to exemplary damages.

4) “Legal Principle: Injuria Sine Damnum i.e. Injury (violation of legal right) without damage.

Facts: X, who was returning offier at a polling booth in Amethi, wrongly refused to register a duly tendered vote of Y in the recent UP elections, even though Y was an eligible voter. The candidate in whose favour Y wanted to vote, was declared elected. Give the appropriate answer.”

1. Y can sue X on the ground that he was denied the right to cast vote, which is a fundamental right.

2. Y can sue X on the ground that he was denied the right to cast vote, which is a legal right.

3. Y cannot sue X because there is not injury or damage caused to Y.

4. Y cannot sue X because the candidate in whose favour he wanted to vote was declared eleceted.

5) “Principle: Contractual liability is completely irrelevant to the existance of liability in tort (civil wrong).

Facts: X purchased a bottle of ginger-beer from a retailer. As she consumed more than 3/4 of the contents of the bottle, she found a decomposed remains of a snail in the bottle. After seeing the remains of a snail, she fell sick on the thought of what she consumed. She sued the manufacturer of the beer for negligence, though there is no contractual duty on the part of the manufacturer.”

1. X cannot sue the manufacturer for negligence in the absence of a contract.

2. X cannot sue the retailer.

3. X can sue the manufacturer as he had duty to take care to see that bottles did not contain any other substance than the beer and hence liable to have broken that duty.

4. None of the above

Answers & Explanation:

1. A. Here the school ES is not having a monopoly right to run the school and that no one should open an institution in that locality.

2. B. Since, right to vote is a recognised legal right.

3. A. Simple case of injuria sine damnum.

4. B.Case of Injury without damage. As, a legal right has been infringement.

5. C. Since, even though the contract is not between the manufacturer and the consumer, there is a duty of manufacturer towards he consumer as the action of the former may affect the later.