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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: A violation of a legal right of someone, whether results in a legal injury or not, gives rise to an action in tort for compensation. At the same time, action by someone, which results in some loss or damage to somebody else is not actionable, if there is no violation of a right of that somebody.
Facts: AB Coaching Centre was a popular CLAT coaching academy with several good trainers. A lot of aspirants used to attend its coaching classes from all over and was making a good profit. This was going on for the past several years. During a session, T, one of the very good and popular trainers of ABCC, had some difference of opinion with the owner of ABCC and left the coaching centre. In August 2016, T started another Entrance Coaching Centre closer to ABCC which resulted in a substantial drop in its students and huge financial loss. The owner of ABCC wants to file a case against T for the loss sustained by ABCC. What do you think is the right legal position?
विकल्प
T will be liable to compensate for the loss to ABCC.
T has not violated any of ABCC's legal rights though they sustained some financial loss, and not legally bound to compensate ABCC.
'T' should have consulted ABCC before starting his coaching centre.
T started the new coaching centre near ABCC intentionally and shall be liable to compensate for the loss of ABCC.
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उत्तर
T has not violated any of ABCC’s legal right though they sustain ed some financial loss, and not legally bound to compensate ABCC.
Explanation:
T has not violated any of ABCC's legal rights though they sustained some financial loss, and not legally bound to compensate ABCC. Because of a difference of opinion between T and the owner of ABCC, T left working for ABCC. The coaching centre experienced financial loss after T opened another Entrance Coaching Centre closer to ABCC. None of this is a violation of a legal right of ABCC and there will be no compensation.
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संबंधित प्रश्न
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: The State shall not discriminate, either directly or indirectly, on the grounds of sex, race, religion, caste, creed, sexual orientation, marital status, disability, pregnancy, place of birth, gender orientation or any other status.
Rule B: Direct discrimination occurs when for a reason related to one or more prohibited grounds a person or group of persons is treated less favourably than another person or another group of persons in a comparable situation.
Rule C: Indirect discrimination occurs when a provision, criterion or practice which is neutral on the face of it would have the effect of putting persons having a status or a characteristic associated with one or more prohibited grounds at a particular disadvantage compared with other persons.
Rule D: Discrimination shall be justified when such discrimination is absolutely necessary in order to promote the well-being of disadvantaged groups, such as women, Dalits, religious minorities, sexual minorities or disabled persons.
Rule E: 'A discriminatory act shall be justified if its effect is to promote the wellbeing of disadvantaged groups, such as women, dalits, religious minorities, sexual minorities or disabled persons.'
Facts: On 2nd October 2010, the Governor of the state of Bihar ordered the release of all women prisoners who were serving sentence of less than one-year imprisonment to mark the occasion of Mahatma Gandhi's birthday. Would the first Order of release of all women prisoners be justified under Rule E?
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: The State shall not discriminate, either directly or indirectly, on the grounds of sex, race, religion, caste, creed, sexual orientation, marital status, disability, pregnancy, place of birth, gender orientation or any other status.
Rule B: Direct discrimination occurs when for a reason related to one or more prohibited grounds a person or group of persons is treated less favourably than another person or another group of persons in a comparable situation.
Rule C: Indirect discrimination occurs when a provision, criterion or practice which is neutral on the face of it would have the effect of putting persons having a status or a characteristic associated with one or more prohibited grounds at a particular disadvantage compared with other persons.
Rule D: Discrimination shall be justified when such discrimination is absolutely necessary in order to promote the well-being of disadvantaged groups, such as women, dalits, religious minorities, sexual minorities or disabled persons.
Facts: On 2"° October 2010, the Governor of the state of Bihar ordered the release of all women prisoners who were serving a sentence of less than one-year imprisonment to mark the occasion of Mahatma Gandhi's birthday. Assume that the Governor also made a second order requiring the release of all persons under the age of 25 and over the age of 65 who were serving a sentence of less than one year's imprisonment. Under the Rules, this order is:
Dyarchy as the form of Government at the provincial level was introduced by the
For how long can the President's rule in a State-imposed initially?
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: injuria sine damnum i.e. injury without damage.
Fact: Sonu, who was a returning officer at a polling booth, wrongly refused to register a duly tendered vote of MONU, though he was a quahAed voter. The candidate, whom MONU sought to vote, was declared elected
Choose the most appropriate option:
The object of which one of the following writs is to prevent a person to hold public office which he is not legally entitled to hold?
Last week, the government used the Drug Price Control Order, 2013, to increase the price ceiling for 21 medicines by as much as 50% to ensure their availability in the market. This is a welcome move because lower prices would have further limited the availability of these drugs, some of which include those used for malaria, leprosy and allergy. The decision by the regulatory authority – usually known to reduce prices of essential drugs – was prompted by repeated petitions by the pharmaceutical industry, which pointed out that the increasing cost of imports had made the production of some of these drugs unviable. Prices of bulk drugs and active pharmaceutical ingredients have, in fact, gone up by up to 88%, and are largely imported.
This raises a basic question: Should the government control prices? The motivation for controlling drug prices is not very difficult to understand. Unlike some of the developed countries, where most of the population has insurance coverage or medical facilities are provided by the state, medical expenses in India are borne by citizens, largely through out-of-pocket expenses. Therefore, the state intervenes by keeping prices of some drugs in check to contain such spending. However, the unintended consequence is that it affects the supply of drugs and can potentially make citizens worse off. The risk of non-availability was an important reason for raising prices. Although all pharmaceutical companies may not stop producing drugs with price control, they may limit the supply. Further, the government usually dithers on price hike because of political considerations so that it is not accused of favouring private companies.
Thus, the government should stay away from dictating prices and allow the market to function. Competition in the marketplace will ensure that no company is able to make extraordinary profits in basic and essential drugs. Since the state has limited resources, it should focus on regulation, and ensure that the quality of drugs supplied in the market is not compromised at any point.
The pharmaceutical industry has been asking the government to raise the prices of certain drugs for a long time but has not received a response. Why, according to the author, could this be?
Intellectual Property Rights (IPR) protect the use of information and ideas that are of
The design does not include
Year of Digital Millenium Copyright Act
