CLAT CLAT Solved Paper-2019

  • question_answer
    Each question consists of legal principle(s) (here-in-after referred to as 'principle') and facts. Such proposition may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this section. Principles have to be applied to the given facts to arrive at the most reasonable conclusion. Only one of the alternatives, i.e. [a], [b], [c] or [d] is the most reasonable conclusion. In other words, in answering the following questions, you must not rely on any principle except the principles that are given herein below for every question. Further you must not assume any facts other than those stated in the question. The objective of this section is to test your ability in legal aptitude, study of law, research aptitude and problem solving ability even if the 'most reasonable conclusion' arrived at may be absurd or unacceptable for any other reason.
    Principle Decision of court is null and void, if it is given by court which does not have jurisdiction over the subject matter.
    Facts 'A' obtains decision from a court which did not have jurisdiction to deal with the subject matter.

    A) Decision can be enforced because both the parties were present

    B) Decision cannot be enforced because decision is null and void

    C) Decision can be enforced because it is given by a court

    D) Decision can be enforced

    Correct Answer: B

    Solution :

    Sol.      [b] According to the principle, a court that do not have jurisdiction over the subject matter, its decision is null and void. So, a decision obtained by 'A' from that court cannot be enforced.


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