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Legal Principle: ‘ Audi Alteram Partem’ is a Latin Phrase Which Means ‘Hear the Other Side’. It is the Principle that No Person Should Be Judged Without a Fair Hearing. Fact Situation: - Mathematics

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प्रश्न

Legal Principle: ‘ Audi alteram partem’ is a Latin phrase which means ‘hear the other side’. It is the principle that no person should be judged without a fair hearing.

Fact Situation: Sanjay, in Delhi, is accused of theft and brought before the Court. The magistrate discovers that Sanjay is mute.

Which of the following statements is the most appropriate in relation to the legal principle stated above?

विकल्प

  • The principle is not applicable to Sanjay since he is mute.

  • The principle is applicable to Sanjay even though he cannot speak since he can be asked to write down his defence.

  • The Magistrate has to take all measures to understand what Sanjay has to convey about the accusation against him.

  • Since it is a Latin principle it is not applicable in India.

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उत्तर

The Magistrate has to take all measures to understand what Sanjay has to convey about the accusation against him.

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Law of Torts (Entrance Exams)
  क्या इस प्रश्न या उत्तर में कोई त्रुटि है?
2017-2018 (May) Set 1

संबंधित प्रश्न

Principle: Causing an effect partly by an act and partly by an omission is an offense.  

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Facts: Nisha owner of a car asked her friend Saurabh to take her car and drive the same to her office. As he car near her office, it hit a pedestrian Srikant, who was injured seriously. Srikant files a case against Nisha.
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This tort occurs most often in society.


Apply the legal principles to the facts given below and select the most appropriate answer.
Legal Principle:

  1. A person is liable for his negligence when he owed a duty of care to others and commits a breach of that duty·causing injury thereby.
  2. Valenti non-fit injuria is a defence to negligence.

Factual Situation: Anil and his wife, Reena, were in a shop as customers, where a skylight in the roof of the shop was broken, owing to the negligence of the contractors engaged in repairing the roof, and a portion of the glass fell and struck Anil causing him a severe shock. Reena, who was standing close to him, was not touched by the falling glass, but, reasonably believing her husband to be in danger, she instinctively clutched his arm, and tried to pull him from the spot. In doing this, she strained her-leg in such a way as to bring about a recurrence of thrombosis. Anil and Reena are claiming compensation for their injuries which were caused due to the negligence of the shop owners. The shop owners are denying liability on the grounds of  Valenti non-fit injuria. The defense of Valenti non-fit injuria.


PRINCIPLE Mere delegation does not transfer authority unless there is an actual transference of the power to control the actions of the servant.

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Assertion (A): All minorities, whether based on religion or language, shall have the right to establish or administer educational institutions of their choice.  
Reason (R): Institutions established by the minorities are not entitled to governmental aid and government is not under an obligation to give aid.


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