For a claim of legal set off ?->(Show Answer!)

1. For a claim of legal set off

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MCQ-> DIRECTIONS for questions 24 to 50: Each of the five passages given below is followed by questions. For each question, choose the best answer.The World Trade Organisation (WTO) was created in the early 1990s as a component of the Uruguay Round negotiation. However, it could have been negotiated as part of the Tokyo Round of the 1970s, since that negotiation was an attempt at a 'constitutional reform' of the General Agreement on Tariffs and Trade (GATT). Or it could have been put off to the future, as the US government wanted. What factors led to the creation of the WTO in the early 1990s?One factor was the pattern of multilateral bargaining that developed late in the Uruguay Round. Like all complex international agreements, the WTO was a product of a series of trade-offs between principal actors and groups. For the United States, which did not want a new Organisation, the dispute settlement part of the WTO package achieved its longstanding goal of a more effective and more legal dispute settlement system. For the Europeans, who by the 1990s had come to view GATT dispute settlement less in political terms and more as a regime of legal obligations, the WTO package was acceptable as a means to discipline the resort to unilateral measures by the United States. Countries like Canada and other middle and smaller trading partners were attracted by the expansion of a rules-based system and by the symbolic value of a trade Organisation, both of which inherently support the weak against the strong. The developing countries were attracted due to the provisions banning unilateral measures. Finally, and perhaps most important, many countries at the Uruguay Round came to put a higher priority on the export gains than on the import losses that the negotiation would produce, and they came to associate the WTO and a rules-based system with those gains. This reasoning - replicated in many countries - was contained in U.S. Ambassador Kantor's defence of the WTO, and it amounted to a recognition that international trade and its benefits cannot be enjoyed unless trading nations accept the discipline of a negotiated rules-based environment.A second factor in the creation of the WTO was pressure from lawyers and the legal process. The dispute settlement system of the WTO was seen as a victory of legalists over pragmatists but the matter went deeper than that. The GATT, and the WTO, are contract organisations based on rules, and it is inevitable that an Organisation created to further rules will in turn be influenced by the legal process. Robert Hudec has written of the 'momentum of legal development', but what is this precisely? Legal development can be defined as promotion of the technical legal values of consistency, clarity (or, certainty) and effectiveness; these are values that those responsible for administering any legal system will seek to maximise. As it played out in the WTO, consistency meant integrating under one roof the whole lot of separate agreements signed under GATT auspices; clarity meant removing ambiguities about the powers of contracting parties to make certain decisions or to undertake waivers; and effectiveness meant eliminating exceptions arising out of grandfather-rights and resolving defects in dispute settlement procedures and institutional provisions. Concern for these values is inherent in any rules-based system of co-operation, since without these values rules would be meaningless in the first place. Rules, therefore, create their own incentive for fulfilment.The momentum of legal development has occurred in other institutions besides the GATT, most notably in the European Union (EU). Over the past two decades the European Court of Justice (ECJ) has consistently rendered decisions that have expanded incrementally the EU's internal market, in which the doctrine of 'mutual recognition' handed down in the case Cassis de Dijon in 1979 was a key turning point. The Court is now widely recognised as a major player in European integration, even though arguably such a strong role was not originally envisaged in the Treaty of Rome, which initiated the current European Union. One means the Court used to expand integration was the 'teleological method of interpretation', whereby the actions of member states were evaluated against 'the accomplishment of the most elementary community goals set forth in the Preamble to the [Rome] treaty'. The teleological method represents an effort to keep current policies consistent with stated goals, and it is analogous to the effort in GATT to keep contracting party trade practices consistent with stated rules. In both cases legal concerns and procedures are an independent force for further cooperation.In large part the WTO was an exercise in consolidation. In the context of a trade negotiation that created a near- revolutionary expansion of international trade rules, the formation of the WTO was a deeply conservative act needed to ensure that the benefits of the new rules would not be lost. The WTO was all about institutional structure and dispute settlement: these are the concerns of conservatives and not revolutionaries, which is why lawyers and legalists took the lead on these issues. The WTO codified the GATT institutional practice that had developed by custom over three decades, and it incorporated a new dispute settlement system that was necessary to keep both old and new rules from becoming a sham. Both the international structure and the dispute settlement system were necessary to preserve and enhance the integrity of the multilateral trade regime that had been built incrementally from the 1940s to the 1990s.What could be the closest reason why the WTO was not formed in the 1970s?
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MCQ->In this question, a column and a statement followed. Read the paragraph carefully and decide on the basis of that column.Moscow officials said that a pair of Russian astronauts cut out the material samples around a spy hole in a Soyuz spacecraft stationed at the International Space Station on Tuesday using knives and chin knives. It was discovered in August, after the last trip of the spacecraft, that the 2-meter pipe airbag on the Soyuz spacecraft was parked at international space. The Rascassasmos Space Agency said that the small but dangerous hole had been found on Earth or in the outer space was to cut the enclosed glue material, to analyze the model of the material and to pull it into a new tapper in that area.Senior astronauts fought and ultimately succeeded in their pursuit. Before this astronaut walk, the spacecraft could only examine the hole within the spacecraft. Unlike the International Space Station, the Soyce shuttle was not designed to repair and hold the spacecraft in the outer space, but did not have any of the handles to hold. The claim was that astronauts had cut the glue around the hole, but failed to collect the sample to analyze Arkal.Select the correct answer from the following A - The claim is entirely correct B - the claim may be correct C - can not determine the claim D - The claim is completely false.....

MCQ-> Study the following information carefully and answer the questions given below :Seven people N, K, T, B, M, W and R have their weekly offs on different days of the week i.e. Sunday, Monday, Tuesday, Wednesday, Thursday, Friday and Saturday not necessarily in that order. Each of them has a liking for different cuisine i.e. Indian, Italian, Mexican, Chinese, Spanish, Continental and Thai, not necessarily in that order. K likes Thai food and gets his weekly off on Thursday. B likes Italian food and does not have off on Sunday. M has weekly off on Saturday and R has his weekly off on Tuesday. W likes continental food whereas the one who has weekly off on Monday likes Mexicancuisine. T does not like Spanish cuisine and has weekly off on Wednesday. The one who likes Indian food does not have a weekly off on Tuesday or Wednesday.Who has a weekly off on Friday ?
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MCQ-> The controversy over genetically modified food continues unabated in the West. Genetic modification (GM) is the science by which the genetic material of a plant is altered, perhaps to make it more resistant to pests or killer weeds, or to enhance its nutritional value. Many food biotechnologists claim that GM will be a major contribution of science to mankind in the 21st century. On the other hand, large numbers of opponents, mainly in Europe, claim that the benefits of GM are a myth propagated by multinational corporations to increase their profits, that they pose a health hazard, and have therefore called for government to ban the sale of genetically-modified food.The anti-GM campaign has been quite effective in Europe, with several European Union member countries imposing a virtual ban for five years over genetically-modified food imports. Since the genetically-modified food industry is particularly strong in the United States of America, the controversy also constitutes another chapter in the US-Europe skirmishes which have become particularly acerbic after the US invasion of Iraq.To a large extent, the GM controversy has been ignored in the Indian media, although Indian biotechnologists have been quite active in GM research. Several groups of Indian biotechnologists have been working on various issues connected with crops grown in India. One concrete achievement which has recently figured in the news is that of a team led by the former vice-chancellor of Jawaharlal Nehru university, Asis Datta — it has successfully added an extra gene to potatoes to enhance the protein content of the tuber by at least 30 percent. It is quite likely that the GM controversy will soon hit the headlines in India since a spokesperson of the Indian Central government has recently announced that the government may use the protato in its midday meal programme for schools as early as next year.Why should “scientific progress”, with huge potential benefits to the poor and malnourished, be so controversial? The anti-GM lobby contends that pernicious propaganda has vastly exaggerated the benefits of GM and completely evaded the costs which will have to be incurred if the genetically-modified food industry is allowed to grow unchecked. In particular, they allude to different types of costs.This group contends that the most important potential cost is that the widespread distribution and growth of genetically-modified food will enable the corporate world (alias the multinational corporations – MNCs) to completely capture the food chain. A “small” group of biotech companies will patent the transferred genes as well as the technology associated with them. They will then buy up the competing seed merchants and seed-breeding centers, thereby controlling the production of food at every possible level. Independent farmers, big and small, will be completely wiped out of the food industry. At best, they will be reduced to the status of being subcontractors.This line of argument goes on to claim that the control of the food chain will be disastrous for the poor since the MNCs, guided by the profit motive, will only focus on the high-value food items demanded by the affluent. Thus, in the long run, the production of basic staples which constitute the food basket of the poor will taper off. However, this vastly overestimates the power of the MNCs. Even if the research promoted by them does focus on the high-value food items, much of biotechnology research is also funded by governments in both developing and developed countries. Indeed, the protato is a by-product of this type of research. If the protato passes the field trials, there is no reason to believe that it cannot be marketed in the global potato market. And this type of success story can be repeated with other basic food items.The second type of cost associated with the genetically modified food industry is environmental damage. The most common type of “genetic engineering” involved gene modification in plants designed to make them resistant to applications of weed-killers. This then enables farmers to use massive dosages of weedkillers so as to destroy or wipe out all competing varieties of plants in their field. However, some weeds through genetically-modified pollen contamination may acquire resistance to a variety of weed-killers. The only way to destroy these weeds is through the use of ever-stronger herbicides which are poisonous and linger on in the environment.The author doubts the anti-GM lobby’s contention that MNC control of the food chain will be disastrous for the poor because
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MCQ-> Read the following passage carefully and answer the questions given at the end. When Ratan Tata moved the Supreme Court, claiming his right to privacy had been violated, he called Harish Salve. The choice was not surprising. The former solicitor general had been topping the legal charts ever since he scripted a surprising win for Mukesh Ambani against his brother Anil. That dispute set the gold standard for legal fees. On Mukesh’s side were Salve, Rohinton Nariman, and Abhishek Manu Singhvi. The younger brother had an equally formidable line-up led by Ram Jethmalani and Mukul Rohatgi.The dispute dated back three-and-a-half years to when Anil filed case against his brother for reneging on an agreement to supply 28 million cubic metres of gas per day from its Krishna-Godavari basin fields at a rate of $ 2.34 for 17 years. The average legal fee was Rs. 25 lakh for a full day's appearance, not to mention the overnight stays at Mumbai's five-star suites, business class travel, and on occasion, use of the private jet. Little wonder though that Salve agreed to take on Tata’s case pro bono. He could afford philanthropy with one of India’s wealthiest tycoons.The lawyers’ fees alone, at a conservative estimate, must have cost the Ambanis at least Rs. 15 crore each. Both the brothers had booked their legal teams in the same hotel, first the Oberoi and, after the 26/ ll Mumbai attacks, the Trident. lt’s not the essentials as much as the frills that raise eyebrows. The veteran Jethmalani is surprisingly the most modest in his fees since he does not charge rates according to the strength of the client's purse. But as the crises have multiplied, lawyers‘fees have exploded.The 50 court hearings in the Haldia Petrochemicals vs. the West Bengal Government cost the former a total of Rs. 25 crore in lawyer fees and the 20 hearings in the Bombay Mill Case, which dragged on for three years, cost the mill owners almost Rs. 10 crore. Large corporate firms, which engage star counsels on behalf of the client, also need to know their quirks. For instance, Salve will only accept the first brief. He will never be the second counsel in a case. Some lawyers prefer to be paid partly in cash but the best are content with cheques. Some expect the client not to blink while picking up a dinner tab of Rs. 1.75 lakh at a Chennai five star. A lawyer is known to carry his home linen and curtains with him while travelling on work. A firm may even have to pick up a hot Vertu phone of the moment or a Jaeger-LeCoutre watch of the hour to keep a lawyer in good humour.Some are even paid to not appear at all for the other side - Aryama Sundaram was retained by Anil Ambani in the gas feud but he did not fight the case. Or take Raytheon when it was fighting the Jindals. Raytheon had paid seven top lawyers a retainer fee of Rs. 2.5 lakh each just to ensure that the Jindals would not be able to make a proper case on a taxation issue. They miscalculated when a star lawyer fought the case at the last minute. “I don’t take negative retainers”, shrugs Rohatgi, former additional solicitor general. “A Lawyer’s job is to appear for any client that comes to him. lt’s not for the lawyers to judge if a client is good or bad but the court”. Indeed. He is, after all, the lawyer who argued so famously in court that B. Ramalinga Raju did not ‘fudge any account in the Satyam Case. All he did was “window dressing”.Some high profile cases have continued for years, providing a steady source of income, from the Scindia succession battle which dates to 1989, to the JetLite Sahara battle now in taxation arbitration to the BCCI which is currently in litigation with Lalit Modi, Rajasthan Royals and Kings XI Punjab.Think of the large law firms as the big Hollywood studios and the senior counsel as the superstar. There are a few familiar faces to be found in most of the big ticket cases, whether it is the Ambani gas case, Vodafone taxation or Bombay Mills case. Explains Salve, “There is a reason why we have more than one senior advocate on a case. When you're arguing, he’s reading the court. He picks up a point or a vibe that you may have missed.” Says Rajan Karanjawala, whose firm has prepared the briefs for cases ranging from the Tata's recent right to privacy case to Karisma Kapoor’s divorce, “The four jewels in the crown today are Salve, Rohatgi, Rohinton Nariman and Singhvi. They have replaced the old guard of Fali Nariman, Soli Sorabjee, Ashok Desai and K.K. Venugopal.” He adds, “The one person who defies the generational gap is Jethmalani who was India's leading criminal lawyer in the 1960s and is so today.”The demand for superstar lawyers has far outstripped the supply. So a one-man show by, say, Rohatgi can run up billings of Rs. 40 crore, the same as a mid-sized corporate law firm like Titus and Co that employs 28 juniors. The big law filik such as AZB or Amarchand & Mangaldas or Luthra & Luthra have to do all the groundwork for the counsel, from humouring the clerk to ensure the A-lister turns up on the hearing day to sourcing appropriate foreign judgments in emerging areas such as environmental and patent laws. “We are partners in this. There are so few lawyers and so many matters,” points out Diljeet Titus.As the trust between individuals has broken down, governments have questioned corporates and corporates are questioning each other, and an array of new issues has come up. The courts have become stronger. “The lawyer,” says Sundaram, with the flourish that has seen him pick up many Dhurandhares and Senakas at pricey art auctions, “has emerged as the modern day purohit.” Each purohit is head priest of a particular style. Says Karanjawala, “Harish is the closest example in today's bar to Fali Nariman; Rohinton has the best law library in his brain; Mukul is easily India's busiest lawyer while Manu Singhvi is the greatest multi-tasker.” Salve has managed a fine balancing act where he has represented Mulayam Singh Yadav and Mayawati, Parkash Singh Badal and Amarinder Singh, Lalit Modi and Subhash Chandra and even the Ambani brothers, of course in different cases. Jethmalani is the man to call for anyone in trouble. In judicial circles he is known as the first resort for the last resort. Even Jethmalani’s junior Satish Maneshinde, who came to Mumbai in I993 as a penniless law graduate from Karnataka, shot to fame (and wealth) after he got bail for Sanjay Dutt in 1996. Now he owns a plush office in Worli and has become a one-stop shop for celebrities in trouble.Which of the following is not true about Ram Jethmalani?
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