CLAT 2024 Daily Practice Questions for 1 September 2023

CLAT 2024 Daily Practice Questions for 1 September 2023

CLAT 2024 Daily Practice Questions for 1 September 2023: The consortium of NLUs has announced to conduct CLAT 2024 on December 3, 2023. Continuing our series of daily practice questions for CLAT 2024 exam preparation for all aspiring candidates, we have shared the daily simple questions for today, September 1, 2023. Check the practice questions for CLAT 2024 along with the supporting study here.

Also Read l CLAT 2024 Daily Practice Questions for 31 August 2023

CLAT 2024 Daily Practice Questions for 1 September 2023

Check out the daily practice questions for CLAT 2024 from the Legal Section that are based on the case study provided below:

Case Study: Writ is a public law remedy. It refers to a formal, written order issued by a judicial authority directing an individual or authority to do or refrain from doing an act. The High Court, while exercising its power of judicial review, does not act as an appellate body. It is concerned with illegality, irrationality and procedural impropriety of an order passed by the State or a Statutory Authority. A High Court is empowered to issue directions, orders or writs for the enforcement of Fundamental Rights and for any other purpose. The writ jurisdiction of the High Court is discretionary and equitable. A writ of mandamus is issued by a court commanding a public authority to perform a public duty belonging to its office. It can be issued only when a legal duty is imposed on the authority and the petitioner has the right to compel the performance of such duty. Writ of mandamus is requested to be issued, inter alia, to compel the performance of public duties which may be administrative, ministerial or statutory in nature. A writ of mandamus may be issued in favour of a person who establishes a legal right in himself. It may be issued against a person who has a mandatory legal duty to perform, but has failed or has neglected to do so. Such a legal duty emanates from the operation of law. The writ of mandamus is most extensive in regard to its remedial nature. The object of the mandamus is to prevent disorder emanating from failure of justice and is required to be granted in all cases where the law has established no specific remedy.

Question 1. The government of a state made a rule to make it discretionary to grant dearness allowance to its employees. One of the employees filed a writ petition seeking a mandamus to compel the government to grant dearness allowance. In the given situation, which of the following statements is true?

1. Writ of mandamus cannot be granted as no legal duty was imposed on the government to grant dearness allowance.
2. Writ of mandamus cannot be granted as a statutory right was conferred on the employee to receive dearness allowance.\
3. Writ of mandamus can be granted as it is a public law remedy.
4. Writ of mandamus can be granted as it is a discretionary remedy.

Question 2. A public-spirited citizen filed a writ petition seeking a mandamus to compel the government to make a law to curb the ill-effects of climate change. In the given situation, which of the following statements is true?

1. Writ of mandamus can be granted as it is an equitable remedy.
2. Writ of mandamus cannot be granted as no legal duty is imposed on the government to pass a law to curb the ill-effects of climate change.
3. Writ of mandamus can be granted as it is a discretionary remedy.
4. Writ of mandamus cannot be granted as there is no violation of fundamental right.

Question 3. Mr. A and Mr. B are parties to a contract of sale of goods. Upon breach of contractual obligations by Mr. A, Mr. B filed a writ petition seeking a mandamus to compel Mr. A to perform his obligations under the contract. In the given situation, which of the following statements is true?

1. Writ of mandamus can be granted as it is a discretionary remedy.
2. Writ of mandamus cannot be granted as there is no violation of fundamental right.
3. Writ of mandamus cannot be granted as Mr. B’s right under the contract is a private right.
4. Writ of mandamus can be granted as there is no statutory duty imposed on Mr. A to fulfill his contractual obligations.

Question 4. A licensing officer is under a statutory duty to issue a license to an applicant who fulfils the conditions prescribed for the issue of such license. Mr. X, an applicant, fulfilled all the conditions prescribed for the issue of such license, but his application for issuance of license was rejected by the licensing officer. In the given situation, which of the following statements is correct?

1. Writ of mandamus can be granted compelling the license officer to issue the license.
2. Writ of mandamus cannot be granted compelling the license officer to issue the license as there is no violation of fundamental right.
3. Writ of mandamus can be granted as it is the discretion of the licensing officer to grant license.
4. Writ of mandamus cannot be granted compelling the license officer to issue the license as there is no violation of public duty.

Question 5. Which of the following statements is incorrect?

1. Writ of mandamus may be issued in favour of a person who establishes the existence of a legal right.
2. Writ of mandamus may be issued against a person or authority who has a mandatory duty to perform but has failed or has neglected to do so.
3. Writ of mandamus is purported to prevent disorder emanating from failure of justice.
4. Writ of mandamus may be requested to be issued to compel performance of private duties which may be administrative, ministerial or statutory in nature.

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