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Assignment For Internship

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Haya Fatima
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7 views

Assignment For Internship

Uploaded by

Haya Fatima
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Q-1) Indian Contract Act 1872: Consensus ad

idem
In Latin it means “Agreement” and under Indian
Contract Act it means that there has been a
meeting of the minds of all parties involved i.e.
meeting of minds. In simpler terms, it means both
parties are on the same page and fully understand
the terms they are agreeing to.

In this example, both A and B have a consensus


ad idem because they both understand and
agree on the meeting time and place. This
mutual understanding ensures that they will
meet at the park as planned and have their
picnic together.
Therefore, the answer to the question is option
(B)

Q-2) Res judicata is a legal principle that states


that once a court has decided a particular issue or
matter in a lawsuit, that decision is final and
conclusive, and it cannot be re-litigated between
the same parties in a subsequent lawsuit.
The question is asking about the court's
jurisdiction when a decision in a former suit
operates as res judicata. Let's break down each
option and explain:
I. A civil court of competent jurisdiction:
This means that the court that decided the initial
lawsuit should have the authority and
competence to hear and decide cases of that
nature. If the court has the proper jurisdiction,
then its decision can operate as res judicata.
II. A court of exclusive jurisdiction:
This refers to a court that has the sole authority to
hear specific types of cases, and no other court
can hear those cases. If such a court renders a
decision, it can operate as res judicata.
III. A court of concurrent jurisdiction 'competent
to try the subsequent suit':
Concurrent jurisdiction means that multiple
courts have the authority to hear the same type
of case. If a court with concurrent jurisdiction
renders a decision and has the competence to
hear the subsequent suit, its decision can operate
as res judicata.
IV. A court of limited jurisdiction competent to
try the issue rose in the subsequent suit:
Limited jurisdiction courts have authority only
over specific types of cases or issues. If a court of
limited jurisdiction makes a decision on the issue
raised in the subsequent suit and has the
competence to do so, its decision can operate as
res judicata.
Therefore, the
principle of res judicata ensures that once a court
with appropriate jurisdiction has decided a matter
that decision should be considered final, and the
same matter cannot be litigated again between
the same parties.

Q-3) The Berubari Union and Exchange of


Enclaves [AIR 1960 SC 845]: In the Berubari Case,
the Supreme Court of India ruled that the
Preamble to the Constitution is not a legally
enforceable part of the Constitution. While it
outlines the Constitution's objectives and ideals, it
does not grant substantive powers or rights.
However, the Preamble holds significant
importance as a guiding statement and has been
used by courts to interpret the Constitution's
spirit and principles.
Therefore the answer to the question is (A).

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