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प्रश्न
Examine the Statement and Conclusions given below and choose a suitable answer from the options given:
Statement: Necessity knows no law.
Conclusions:
1. The act of a captain throwing some cargo into the ocean to save the ship from sinking is justified by the principle.
2. The act of a man out of poverty and starvation stealing some food from a hotel is justified by the principle.
3. The act of a tourist killing a tiger when it was attacking a villager is justified by the principle.
विकल्प
Only Conclusion 1 follows.
Only Conclusion 2 follows.
Only Conclusion 1 and 3 follow.
All Conclusions follow.
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उत्तर
Only Conclusion 1 and 3 follow.
Explanation:
Necessity knows no law is a proverb. It means that being desperate and having no means may lead you to do illegal things. Here" what is the necessity?" is important. Now in conclusion 1 throwing of cargo from the sinking ship was a necessity hence fall into a preview of this principle However stealing driven of poverty and hunger cannot take the plea of this principle as it cannot be said necessity. Again killing of the tiger to save a human being was a necessity and thus gets a cover under the above said principle Hence option 'The only Conclusion 1 and 3 follow.' is correct as both conclusions 1& 2 follow.
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संबंधित प्रश्न
The question consists of legal propositions/principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true. In other words, in answering the following question, you must not rely on any principles except the principle that is given hereinbelow for the 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 the study of law, research aptitude, and problem-solving ability.
Principle: A person is said to be of sound mind for the purpose of making a contract if, at the time, when he makes it, he is capable of understanding it and of forming a rational judgment as to its effect upon his interest.
Facts: X, who is usually of sound mind but occasionally of unsound mind enters into a contract with Y when he (X) is of unsound mind. Y came to know about this fact afterward and now wants to file a suit against X.
Principle: Nothing is an offence, which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.
Facts: 'A' takes up a gun, not knowing whether it is loaded or not, points it playfully at 'B' and pulls the trigger. Consequently, 'B' falls dead.
This question consists of principles and facts. The principal 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 the question, you must not rely on any principle except the principle that is given hereinbelow for the 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 the study of law, research aptitude, and problem-solving ability.
Therefore, to answer a question, the principle is to be applied to the given facts and to choose the most appropriate option.
Principle: Under the Employees Compensation Act, 1923, an employer is liable to pay compensation to his workmen for injuries sustained by them by an accident arising out of and in the course of employment.
Facts: M, the Manager of SRK Industries asked his secretary S to submit a report at the Government Labour Office. ‘S’ submitted the report as directed. On his way back S met one of his classmates. He then decided to have a cup of tea together at a wayside restaurant. Sometime later, ‘S’ got a message from his office to report back as it was a long time since he left the office. ‘S’ rushed back on his Motor Cycle. On his way back a Truck that was coming from a side road hit ‘S’. H e was admitted to a nearby hospital with multiple injuries. He claims compensation under the Employees Compensation Act from his employer.
Mark the best option:
Which one is not a qualification for appointment as a High Court Judge?
The primary legislation relating to organ donation and transplantation, aimed at regulation of removal, storage and transplantation of human organs for therapeutic purposes and for prevention of commercial dealings in human organs in India, namely, the Transplantation of Human Organs Act, was passed in the year
Symbol of Maharaja of Air India is
The following can not be exploited by assigning or by licensing the rights to others.
In case the state government wants to extent the applicability of Payment of wages Act to any other establishment or class of employees then it must give prior notice of ______________
In the case of the factory, ___________ of that factory shall be liable to pay the wages to employees employed by him as per the Payment of Wages Act.
As per Payment of Wages Act, the wages must be paid on _______________ day
