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Question

Given below are two statements: one is labelled as Assertion (A) and the other is labelled as Reason (R). 

Assertion (A): A gentlemen died leaving a young widow. The relatives of the deceased threatened the widow to adopt a boy otherwise they would not allow her to remove the dead body of her husband for cremation. The widow adopted the boy. 

Reason (R): The widow subsequently cancelled the adoption. The court held her consent was not free due to coercion. 

In the light of the above statements, choose the most appropriate answer from the options given below:

The correct answer is
Both (A) and (R) are correct and (R) is the correct explanation of (A)

Legal Analysis of Assertion and Reason

The question involves evaluating two statements regarding a legal scenario about adoption and consent.

Assertion (A) Analysis

Assertion (A) describes a situation where a widow adopts a boy under threat from the deceased husband's relatives. The threat is to withhold the body for cremation unless she adopts. This situation clearly indicates that the widow's consent is not freely given; it is obtained under duress or coercion.

Reason (R) Analysis

Reason (R) states that the widow later cancelled the adoption because the court found her consent was not free due to coercion. This is consistent with legal principles where consent obtained under coercion or undue influence is considered invalid and makes the agreement voidable. The act of cancelling the adoption and the court's finding directly stem from the coercive circumstances described in (A).

Relationship Between Assertion and Reason

The scenario presented in Assertion (A) establishes the factual basis for coercion. Reason (R) provides the legal consequence and justification (the court's ruling based on lack of free consent due to coercion) that directly explains why the adoption based on such consent is legally challengeable. Therefore, (R) serves as the correct explanation for (A).

Conclusion

Both Assertion (A) and Reason (R) are factually and legally correct statements.

  • (A) describes a situation where coercion was applied.
  • (R) explains the legal outcome of such coercion, stating consent was not free and the adoption was voidable.
  • (R) directly explains the legal implication of the events in (A).

Thus, both (A) and (R) are correct, and (R) is the correct explanation of (A).

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Important Questions from Indian Contract Act, 1872

  1. Which one is False as per the relevant provisions of the Indian Contract Act. 1872?

  2. Which one is the correct sequence implied in the Indian Contract Act 1872?

    (A) Offer of proposal

    (B) Contract

    (C) Promise

    (D) Agreement

    (E) Acceptance

    Choose the correct answer from the options given below:

  3. Statement I: Contracts whose objects or consideration are unlawful are void.

    Statement II: Contracts in restraint of legal proceedings are void.

  4. What are the features of Income tax Return - 1 (Sahaj)
    i. Tax payers whose total income does not exceed Rs.50 lakh during the F.Y, and income assessed under the head Salary
    ii. Income tax from Salary, one house property, family pension, agriculture income upto Rs.5000 can be filed
    iii. ITR-1 cannot be filed by any individual who has income from business or profession.
    iv. ITR -1 Sahaj is also called as ITR -1 Sugam
  5. Which statements are correct about the provisions of Sec 40 (B) Remuneration to partners ?
    i. Remuneration is allowed to working and non working partners
    ii. Must be authorised by partnership deed
    iii. Maximum limit
    a. If book profit is negative, in case of loss Rs.1,50,000
    b. In case of book profit on the first Rs.3,00,000 of book profit-1,50,000 Or 90% book profit, whichever is higher. On the balance of the book profit - 60%
    iv. Maximum rate of interest is 15%
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