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प्रश्न
Consists of legal proposition(s)/ principle(s) (hereinafter referred to as 'principle') and facts. Such principles 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. In other words, in answering these 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 interest in 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. It is not the objective of this section to test your knowledge of the law.
Therefore, to answer a question, the principle is to be applied to the given facts and to choose the most appropriate option.
Principle: It is a case of fraud where a party to a contract knows or believes a fact to be true, but conceals it actively from the other party with a view to inducing that person to enter into the contract.
Facts: While taking a life insurance policy, in reply to questions by the insurance company during the inquiry into his proposal, Zameer deliberately concealed the fact of his medical treatment for a serious ailment, which he had undergone only a few weeks ago.
विकल्प
The concealment of a fact by Zameer amounted to fraud.
The act of Zameer did not amount to fraud, as disclosing the fact would have resulted in the exposure of his privacy.
The act of Zameer did not amount to any misrepresentation.
The act of Zameer amounted to innocent misrepresentation.
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उत्तर
The concealment of a fact by Zameer amounted to fraud.
Explanation:
The concealment of a fact by Zameer amounted to fraud. According to Section 17 of the Contract Act, it is required for every party to disclose all facts to the opposite party before entering into a contract and there should be no active concealment of facts or knowledge by one. Not disclosing of facts to dishonestly induce the other person to deliver property or alter/ destroy the whole/ part of a valuable security or anything which is signed or sealed and is capable of being converted into valuable security will be held guilty under Section 420 of the Indian Penal Code. Zameer had a duty to disclose details about his medical treatment to the insurance agency. Deliberate concealment of facts from an insurance company with dishonest intentions about past medical treatment amounts to Fraud.
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संबंधित प्रश्न
Which of the following statements in regard to the Directive Principles of State Policy is correct?
The question consists of two statements, one labelled as principle and other as Fact. You are to exa.mine the principle and apply it to the given facts carefully and select the best option.
PRINCIPLE: Mere silence as to facts likely to affect the willingness of a person to enter into a contract is not fraud unless the circumstances of the case ate such that, regard being had to them, it is the duty of the person keeping silence to speak, or unless his silence is, in itself, equivalent to speech.
FACT: A sells, by auction, to B, a horse which A knows to be unsound. A says nothing to B about the horse's unsoundness.
The question consists of two statements, one labelled as principle and other as Fact. You are to exa.mine the principle and apply it to the given facts carefully and select the best option.
PRINCIPLE: Doctrine of Double Jeopardy: No person shall be prosecuted and punished for the same offence twice.
FACT: MaqbooI brought some gold into India witnout mal<ing any declaration to Custom department on the airport. The custom authorities confiscated the gold under the Sea Customs Act. Maqbool was later charged for having committed an offence under Foreign Exchange Regulation Act.
The Right to Education Act, 2009 (RTE) provides for free and compulsory education to:
Mark the best option:
Principle: Agreements, the meaning of which is not certain, or capable of being made certain, are void.
Facts: Karthik, a physician, enters into an agreement with Talreja to rent from him a flat for setting up a clinic at Rupees fifteen thousand p.m. and Rupees two thousand p.m. extra if the flat proves lucky for him. A month after Karthik started using the flats in his clinic; he was appointed as visiting faculty by one of the medical colleges. Talreja claims Rupees seventeen thousand p.m.as rent from the next month onwards but Karthik refuses to pay him the amount claimed by him.
.................. is forbidden by law.
The Indian Contract Act applies to the:
Drawing cash from ATM, sale by fall of the hammer at an auction sale, etc., are an example of
Express contract means a contract made by
Acceptance takes place as against the proposer, when
