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प्रश्न
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: Whoever, intending to take dishonestly any movable property out of the possession of any person without that person'S consent moves that property, such tatting is said to commit theft.
FACT: RAMU cuts down a tree on RINKU'S ground, with the intention of dishonestly tatting the tree out of RINKU'S possession without RINKU'S consent. A could not take the tree away.
विकल्प
RAMU can be prosecuted for theft
RAMU cannot be prosecuted for theft
RAMU can be prosecuted for attempt to theft
RAMU has neither committed theft nor attempt to commit theft
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उत्तर
RAMU can be prosecuted for theft
APPEARS IN
संबंधित प्रश्न
In this Question, the problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the question.
Rules
A. The act of using threats to force another person to enter into a contract is called coercion.
B. The act of using influence on another and taking undue advantage of that person is called undue influence.
C. In order to prove coercion, the existence of the use of threat, in any form and manner, is necessary. If coercion is proved, the person who has been so threatened can refuse to abide by the contract.
D. In order to prove undue-influence, there has to be a pre-existing relationship between the parties to a contract. The relationship has to be of such a nature that one is in a position to influence the other. If it is proven that there has been undue influence, the party who has been so influenced need not enforce the contract or perform his obligations under the contract.
Facts:
Aadil and Baalu are best friends. Aadil is the son of a multi-millionaire business person, Chulbal who owns Maakhan Pharmaceuticals. Baalu is the son of a bank employee, Dhanraj. One day, Aadil is abducted from his office by Baalu. Chulbul receives a phone call from Dhamaj telling him that if he does not make Baalu the CEO of NIaakhan Pharmaceuticals, Aadil will be killed. Chulbul reluctantly agrees to make the Baalu the CEO. Subsequently, Chulbul and Baalu sign an employment contract. However, as soon as Aadil is released and safely returns home, Chulbul tells Baala that he shall not enforce the employment contract. Baalu and Dhanraj are not sure as to what is to be done next.
In the above fact situation:
In this Question problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the question. In answering the following question, you should not rely on any rule(s) except the rule(s) that are supplied for problem. Further, you should not assume any fact other than 'those stated in the problem. The aim is to test your ability to properly apply a rule to a given set of facts, even when the result is absurd or unacceptable for any other reason. It is not the aim to test any knowledge of law you may already possess.
Rule A: An owner of land has the right to use the land in any manner he or she desires. The owner of land also owns the space above and the depths below it.
Rule B: Rights above the laud extend only to the point they are essential to any use or enjoyment of land.
Rule C: An owner cannot claim infringement of her property right if the space above his or her land is put to reasonable use by someone else at a height at which the owner would have to reasonable use of it and it does not affect the reasonable enjoyment of his or her land.
Ramesh's case: Ramesh owns an acre of land on the outskirts of Sullurpeta, Andhra Pradcsh. The Govemment of India launches its satellites into space frequently from Sriharikota, near Sullurpcla. The Government of India does not deny that once the satellite launch has traveled the distance of almost 7000 kilometres it passes over Ramesh's properly. Ramesh files a case claiming that the Government of India has violated his property rights by routing its satellite over his property, albeit 7000 kilometres directly above it.
Applying only Rule A to Ramesh's case, as a judge you would decide:
Financial allocation for Education was made for the first time by the Charter Act of
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 the 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: An agreement, the terms of which are not certain, or capable of being made certain, is void.
Facts: Sunder agreed to take Bhola’s penthouse on rent for three years at the rate of rupees 12, 00, 000/- per annum provided the house was put to thorough repairs and the living rooms were decorated according to contemporary style.
The Contract Act of 1872 was enacted on
In agreements of a purely domestic nature, the intention of the parties to create a legal relationship is
Where a particular type of contract is required by law to be in writing and registered, it must comply with the necessary formalities as to writing, registration, and attestation. Otherwise, such a contract is
Mark the best option:
When a contract is altered, the original contract is:
The offer must be ..............
................. is a one-sided contract in which only one party has to perform his promise or obligation.
