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प्रश्न
Principle: A person is said to have committed assault when apprehension is caused in the mind of a person that he is about to use physical force against his body.
Facts: 'A' abuses 'B' while he was sitting in a moving train, by aggressively shaking his fists when 'B' was standing on the railway platform at a distance.
विकल्प
'A' has caused fear of assault in the mind of 'B'.
'A' has committed assault against 'B'.
A has not committed assault against 'B'.
'A' has caused apprehension of assault in the mind of 'B'.
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उत्तर
A has not committed assault against 'B'.
Explanation:
Mere words do not amount to an assault. Here in the above-noted problem B was standing at a distance. For the assault, there must be minimum touching body of A. The reasonable conclusion drawn A has not committed assault against B. Hence "A has not committed assault against 'B'" is correct.
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संबंधित प्रश्न
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: Where one of the parties to a contract was in the position to dominate the decision of the other party, the contract is enforceable only at the option of the party who was in a position to dominate the decision of the other party.
Facts: A doctor asked his patient to make a payment of Rs. 10,00,000/- (Ten Lac Only) for treatment of his fever. The patient paid an amount of Rs. 5,00,000/- (Five Lac Only) and promised to pay the remaining amount after the treatment. After treatment, the patient recovered from fever. The doctor demanded the remaining amount from the patient. The patient refused to pay.
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: Everybody is under a legal obligation to take reasonable care to avoid an act or omission which he can foresee would injure his neighbor. The neighbor for this purpose is any person whom he should have in his mind as likely t0 be affected by his act.
FACT: Krishnan. while driving a car at high speed on a crowded road, knocked down a cyclist. The cyclist died on the spot with a lot of blood spilling around, Lakshmi, a pregnant "NOman passing by, suffered from a nervous shock, leading to abortion. Lakshmi filed a suit against Krishnan claiming damages.
The question consists of two statements, one labelled as a 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.
PRINCIPAL: ignorantia juris nonexcusat and ingnorantia facit excusat
FACT: George was a passenger from Zurich to Manila in a Swiss Plane. When the plane landed at the airport at Etombay on 28th Nov. 1962 it was found on search that George carried 34 kgs of gold bars in person and that he had not declared it in the 'Manifest for transfer. On 28th Nov. 1962 Govemment of India issued a notification and modified its earlier exemption and now it is necessary that the gold must be declared in the "Manifest" of the aircraft.
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.
Principle: Consent is a good defence in a civil action for tort but the act should be the same for which consent was given.
Fact: 'B' was formally invited by 'A' to his house. 'B' after sitting for some time in drawing room, moved to the bedroom of the house. 'A' sued 'B' for trespass.
Choose the most appropriate option:
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Animus posssidendi’ means:
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Bona vacantia
Mark the best option:
A nominal sum is given as a token, that the parties are eager about concluding the sale is called
Local self-governance is an example of
