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December 2013 Blog Posts (7)

LEGAL REASONING (CONSTITUTIONAL LAW) RIGHT TO CLEAN ENVIRONMENT (ANSWERS)

Answers 

1. d

2. ans. b

Quality of air outside can adversely affect normal use of a house.

3. a  Since fundamental right enforceable against the state, the government has to be sued for its failure to protect the environment from the mining companies.

4. ans. c

The nature of the environmental degradation is such that it affects the general population

5. 

ans. c

Added by shweta rath on December 14, 2013 at 2:00pm — No Comments

LEGAL REASONING (CONSTITUTIONAL LAW) RIGHT TO A CLEAN ENVIRONMENT

From the INDIAN PENAL CODE, Section 277 relates to water pollution, Section 278 relates to water pollution, Section 426, 430, 431 and 432 relates to pollution in general. Section 368 talks about public nuisance where under noise pollution can inter alia be controlled.  Constitution 42nd Amendment Act brought in many new acts (Prevention and Control of pollution) Act 1974, Air (Prevention and Control of pollution) Act, 198, Environment Protection Act, 1986. In Subash Kumar …

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Added by shweta rath on December 14, 2013 at 2:00pm — No Comments

LEGAL REASONING (PROPERTY LAW) TRANSFER OF PROPERTY-GIFT

Section 122 of the transfer of property act defines “gift”. It means a voluntary transfer of property from one individual to another made for gratuitous purpose. The person delivering the gift is the donor and the person receiving the gift is the donee.  Delivery of the gift takes place when it is made directly to the done or to a third party on donee’s behalf. In the event that the third person is the donor's agent, bailee, or trustee, delivery is complete only when such person actually…

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Added by shweta rath on December 10, 2013 at 6:27pm — 1 Comment

LEGAL REASONING - CRIMINAL LAW – CULPABLE HOMICIDE, MURDER AND PRIVATE DEFENSE (answers)

1. C 

While Ram had specific intention to kill, he did so in response to immediate threat to Lakshman's life.

2. ans. b

 Raavan's action conveys clear intention to kill, and Lakshman died in consequence of injuries inflicted by him

3. ans. b

Ram killed the dacoits in cold blood without any lawful justification, and no matter how guilty the dacoits were, this amounts to murder.

4. ans. a

This is a case where Raavan didn’t have a…

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Added by shweta rath on December 10, 2013 at 2:52pm — No Comments

LEGAL REASONING - CRIMINAL LAW – CULPABLE HOMICIDE, MURDER AND PRIVATE DEFENSE

Culpable homicide, murder and private defense are words which are commonly used in the realm of criminal law. It is very important to understand the true meaning of each word and distinguish one from another. Murder is the unlawful killing, with malice, of another human, and generally this premeditated state of mind distinguishes murder from other forms of unlawful homicide. It involves two aspects Men’s rea and Actus reus.

 Men’s rea. Mens rea is latin for "guilty…

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Added by shweta rath on December 10, 2013 at 2:43pm — No Comments

LEGAL REASONING (CONSTITUTIONAL LAW) RIGHT TO LIFE AND PERSONAL LIBERTY - ANSWERS

1. 

Ans-C

The right to clean and healthy environment comes under the expanded version of article 21.

2. ans- B 

Added by shweta rath on December 10, 2013 at 1:59pm — No Comments

LEGAL REASONING (CONSTITUTIONAL LAW) RIGHT TO LIFE AND PERSONAL LIBERTY

Article 21 of the Indian Constitution: This means that a person's life and personal liberty can only be disputed if that person has committed a crime. However, the right to life does not include the right to die, and hence, suicide or an attempt thereof, is an offence. Attempted suicide being…

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Added by shweta rath on December 10, 2013 at 1:56pm — No Comments

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