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 A spouse is not permitted to put in evidence in any court, any communication during marriage between the spouses without the consent of the person who made the communication.
    Facts "X' who is the wife of Y saw her husband (Y) coming out of the neighbour's house at 6.00 am in the morning. Y told his wife 'X' that he has murdered the neighbour and handed over the jewellery of that neighbour to his wife.

    A) "X' is allowed to appear as a witness in court to depose that her husband has told her that he committed a murder

    B) 'X' is not allowed to appear as a witness at all in any court

    C) 'X' is not allowed to appear as a witness to depose what was told by the husband to her, however, she can depose what she saw

    D) 'X' is an independent woman and she can do whatever she wants

    Correct Answer: C

    Solution :

    Sol.      [c] As per the principle, any communication between the spouses without the consent of the person who made the communication can't be put as an evidence in the court. Therefore, 'X' is not allowed to appear as a witness to depose what was told by the husband to her, however she can depose what she saw.


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