हिंदी

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.

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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

shaalaa.com
Indian Contract Act (Entrance Exams)
  क्या इस प्रश्न या उत्तर में कोई त्रुटि है?
2014-2015 (May) Set 1

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. A minor is a person who is below the age of eighteen. However, where a guardian administers the minor's property the age of majority is twenty-one.
B. A minor is not permitted by law to enter into a contract. Hence, where a minor enters into a contract with a major person, the contract is not enforceable. This effectively means that neither the minor nor the other party can make any claim on the basis of the contract.
C. In a contract with a minor, if the other party hands over any money or confers any other benefit on the minor, the same shall not be recoverable from the minor unless the other party was deceived by the minor to hand over money or any other benefit. The other party will have to show that (he minor misrepresented her age, he was ignorant about the age of the minor and that he handed over the benefit on the basis of such representation.

Facts Ajay convinces Bandita, a girl aged I8 that she should sell her land to him. Bandita's mother Chaaru is her guardian. Nonetheless Bandita, without the permission of Chaaru, sells the land to Ajay for a total sum of rupees fifty lakh, paid in full and final settlement of the price. Chaaru challenges this transaction claiming that Bandita is a minor and hence the possession of the land shall not be given to Ajay. Thus Ajay is in a difficult situation and has no idea how to recover his money from Bandita.

Which of the following is correct?


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. 

Rules: 
A. Whoever intending to take any moveable property out of the possession of any person without that person's consent, moves that property out of his or her possession is said to commit theft.
B. A person who, without lawful excuse, damages any property belonging to another intending to damage any such property shall be guilty of causing criminal damage. C. Damage means any impairment of the value of a property.

Facts:
Veena, an old lady of 78 years, used to live with her granddaughter Indira. Veena was ill and therefore bed-ridden for several months. In those months, she could not tolerate any noise and it 'became quite difficult to clean her room. After she died, Indira hired a cleaner, Lucky, to clean the room and throw away any rubbish that maybe there. There was a pile of old newspapers that Veena had stacked in a corner of her room. Lucky asked Indira if he should clear away the pile of old newspapers, to which she said yes. Lucky took the pile to a municipality rubbish dump. While Lucky was sorting and throwing away the newspapers, he was very surprised to find a beautiful painting in between two sheets of paper. He thought that Indira probably wouldn't want this old painting back, especially because it was I’m in several places and the colour was fading. He took the painting home, mounted it on a wooden frame and hung it on the wall of his bedroom. Unknown to him, the painting was an old, masterpiece, and worth twenty thousand rupees. Before mounting the painting, Lucky pasted it on a plain sheet of paper so that it does not tear anymore. By doing so, he made its professional restoration very difficult and thereby reduced its value by half Lucky's neighbor Kamala discovered that the painting belonged to Indira. With the motive of returning the painting to Indira, Kamala climbed through an open window into Lucky's room when he was away one afternoon and removed the painting from his house. Is Lucky guilty of criminal damage?


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. A minor is a person who is below the age of eighteen. However, where a guardian administers the minor's property the age of majority is twenty-one.
B. A minor is not permitted by law to enter into a contract. Hence, where a minor enters into a contract with a major person, the contract is not enforceable. This effectively means that neither the minor nor the other party can make any claim on the basis of the contract.
C. In a contract with a minor, if the other party hands over any money or confers any other benefit on the minor, the same shall not be recoverable from the minor unless the other party was deceived by the minor to hand over money or any other benefit. The other party will have to show that (he minor misrepresented her age, he was ignorant about the age of the minor and that he handed over the benefit on the basis of such representation.

Facts Ajay convinces Bandita, a girl aged 18 that she should sell her land to him. Bandita's mother Chaaru is her guardian. Nonetheless Bandita, without the permission of Chaaru, sells the land to Ajay for a total sum of rupees fifty lakh, paid in full and final settlement of the price. Chaaru challenges this transaction claiming that Bandita is a minor and hence the possession of the land shall not be given to Ajay. Thus Ajay is in a difficult situation and has no idea how to recover his money from Bandita.

Ajay can be allowed to recover the money only if he can show that:


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:


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: Nuisance as a tort (civil wrong) means an unlawful interference with a person's use or enjoyment of land, or some right over, or in connection with it.

FACT: During the scarcity of onions, long queues "'Nt?l'e made outside the defendant's shop who has a license to sell fruits and vegetables used to sell only l Kg, of onion per ration card The queues extended on to the highway and also causes some obstruction to the neighboring shops. The neighboring shopkeepers brought an action for nuisance against the defendant.


Mark the best option:
Principle: A contract the consent to which is induced by a false account or idea can be avoided by the deceived party.

Facts: Jatin approached Martin to purchase a plot of land from him. Martin was under the impression that Jatin required the land for constructing a house for himself and therefore, told Jatin that a real estate group was about to start a residential project in the vicinity of the plot; though he was himself doubtful of the same. Jatin, however, wanted to purchase the plot as he had been instructed by his elder brother to do so. Jatin entered into a contract to purchase the plot for a sum of Rupees thirty-five lacs and a few days later he came to know that the information given to him by Martin in respect of the residential project was false.

What should be Jatin do next?


Every promise and every set of promise forming the consideration for each other is a/an


Every agreement and promise enforceable by law is ................


All illegal agreements are void, but all void agreements are not illegal.


From the four answers given, Choose the appropriate answer.

All motor vehicles are required to have third party insurance. Any vehicle not using a mechanical device is not a motor vehicle.
Which of the following is a correct derivation from the above?


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