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 Civil suit can be filed where defendant resides or carries on business or where cause of action arises.
    Facts An agreement is signed and executed in New Delhi between 'A' and 'B' for supply of goods wherein 'B' is to supply goods to be delivered at New Delhi to client of 'A'. 'A' carries on business at Haryana and 'B' carries on business in UP. Civil suit by 'B' for payment of consideration can be filed against 'A'

    A) Only at New Delhi, where cause of action arises

    B) Only at Haryana where 'A' carries on business

    C) Only at UP where 'B' carries on business

    D) At Haryana or at New Delhi

    Correct Answer: D

    Solution :

    Sol.      [d] 'A' carries on business in Haryana and the cause of action arises in New Delhi, where the goods were to be supplied. Therefore, the civil suit can be filed either in Haryana or in New Delhi.


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