Advertisements
Advertisements
प्रश्न
Principle:
1. Wagering agreements are void.
2. Collateral agreements to wagering contracts are valid.
Facts: XYZ Bank lends Rs. 40, 000 to Sabu in order to enable him to award as a prize to Randeep who is the winner of horse race. Later Sabu refuses to pay the prize stating that horse racing is wagering agreement. Can XYZ Bank recover money from Sabu?
विकल्प
No, as it is a wagering contract.
Bank can recover money from Sabu so that payment of prize m oney can be made to Randeep.
Yes, as it is only a collateral agreement to horse racing and therefore the bank can recover the money from Sabu.
Horse racing is illegal and therefore XYZ Bank cannot recover a nything from Sabu.
Advertisements
उत्तर
Yes, as it is only a collateral agreement to horse racing and therefore the bank can recover the money from Sabu.
Explanation:
There is an exception under section 30 of the Indian Contract Act in which it is mentioned that in favour of certain prizes for Horse Racing shall not be deemed to render unlawful a subscription or contribution, or agreement to subscribe or contribute, made or entered into for or to word any plate, prize or sum of money, of the value or amount of five hundred rupees or upwards, to be rewarded to the winner or winners of any horse race. The reasonable conclusion is drawn that only collateral agreement to horse racing and therefore the bank can recover the money from Sabu.
APPEARS IN
संबंधित प्रश्न
Principle: Civil Suit can be filed where the defendant resides or carries on business or where the cause of action arises.
Facts: An agreement is signed and executed in New Delhi between A and B for the supply of goods wherein B is to supply goods to be delivered at New Dehli to a client of A. A carries on business at Haryana and B carries on Business in UP. The civil suit by 'B‘ for payment of consideration can be filed against 'A‘ at
Which Article 8 of the European Convention on Human Rights protects which right...?
Apply the legal principles to the facts given below and select the most appropriate answer.
Legal Principles:
- Private nuisance is a continuous, unlawful and indirect interference with the use or enjoyment of land, or of some right over or in connection with it.
- The person who for his own purposes brings on his lands and collects and keeps there anything likely to do mischief if it escapes must keep it at his peril, and, if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
- A person is liable if he can reasonably foresee that his acts would likely to injure his neighbour.
- The foreseeability of the type of damage is a pre-requisite of liability in actions of nuisance.
Factual Situation: During 2011, a European Directive was issued requiring nations of the European Community to establish standards on the presence of Perchloroethene (PCE) in water, which the Kingsland did in 2013. Alfa Water Co. purchased a borehole in 2007 to extract water to supply to the public in Kingsland. In 2014, it tested the water to ensure that it met minimum standards for human consumption and discovered that it was contaminated with an organochlorine solvent (PCE). On investigation, it emerged that the solvent seeped into the soil through the building floor of the Light & Soft Leather Tannery, about 3 miles from the borehole that eventually contaminated the Alfa's borehole. Since the tannery opened in 191 O, until 2007, the solvent it used had been delivered in 40-gallon drums which were transported by forklift truck and then tipped into a sump. Since 2007, solvents had been delivered in bulk and stored in tanks. It was then piped to the tanning machinery. There was no evidence of any spills from the tanks or pipes, and it was concluded that the water had been contaminated by frequent spills under the earlier system. Alfa Water brought a claim against the Tannery on the grounds of nuisance.
Whether the Tannery owners are liable?
PRINCIPLE Res ipsa loquitur reverses the burden of proof, creating a rebuttable presumption of the guilt of the defendant in situations where the default of the defendant seems apparent.
FACTS X, a truck driver, crashed into Y for no fault of his while trying to save Z, a student who was loitering in school uniform. Based on the facts above, Y inquires the presumption of negligence shall be in favour of
PRINCIPLE A principal is liable for such acts as committed in the course of an agency but is not liable for such acts as committed outside the course of the agency.
FACTS ABC, a partnership between A, B and C maintained a bank account with XYZ. As per the standing arrangement with the bank, signatures of at least two partners were required for the withdrawal of the money from the partnership account. B forged the signatures of A, which were exactly alike and withdrew a large amount of money and disappeared. In a suit brought by A and C
LEGAL PRINCIPLE A person, who lawfully brings on something but which though harmless, but mischief if it escapes, must keep it at his and if he does not, he is answerable for all the damage.
FACTUAL SITUATION 'A' was the owner of a mill. In order to supply it with water, he constructed a reservoir upon nearby land by employing engineers and contractors. 'B' was the owner of coal mines, under lands, close to but not adjoining the premises on which the reservoir was constructed. The contractors, while excavating for the bed of the reservoir, came upon abandoned shafts and filled them with soil not suspecting that they were abandoned mine shafts. The reservoir was completed and partly filled. Within days the bed of the reservoir gave way and burst, leading to the flow of water through the channels connected with B's mine. Is 'A' liable to pay damages for loss caused to 'B'?
Negligence means
In a civil suit, the person who files suit and the person against whom the suit is filed are called
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.
Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.
Legal principle: Necessity knows no law, and any person facing danger may do all that is necessary to avert the same till he can take recourse to public authorities
Factual situation: Akshay, a law-abiding citizen decided to remove the weed of corruption from Indian society. One day, confronted with a bribing official, Akshay decided to teach him a lesson and punched him on his face. Akshay DECISION:
