Advertisements
Advertisements
प्रश्न
Principle: Civil Suit can be filed where the defendant resides or carries on business or where the cause of action arises.
Facts: 'A‘ carries on business in Gurgaon, 'B‘ carries on Business in Mumbai. 'B‘ through his agent in Gurgaon purchases goods in Gurgaon and takes delivery through an agent in Gurgaon. Where Civil Suit for payment of price can be filed by 'A‘?
विकल्प
Gurgaon only where the cause of action arises
At Mumbai where B carries on Business
At either of the places i.e. Mumbai or Gurgaon
Anywhere in India
Advertisements
उत्तर
At either of the places i.e. Mumbai or Gurgaon
Explanation:
A can file the civil suit for payment either at Mumbai or at Gurgaon. This is evident from the principle that civil suit can be filed where the defendant resides or carries on business. In this case, the defendant is B, who carries on business in Mumbai. The cause of action has arisen in Gurgaon. Therefore, the civil suit can be filed either at Mumbai or at Gurgaon.
APPEARS IN
संबंधित प्रश्न
Mark the best option:
Facts: Vir, a window cleaner was hired to clean the windows of Palam club. One of the windows was defective and so when it was being cleaned, it ran down quickly and injured the hand of the window cleaner and caused injuries. Vir used Palam club for damages Decide.
Principle: The occupier can expect that a person in the exercise of his calling will appreciate and guard against risks incidental to his calling and he need not be, therefore, warned about them.
The principle is to be applied to the given facts and to choose the most appropriate option:
Principle: When a person falsifies something with the intent to deceive another person or entity is forgery and is a criminal act. Changing or adding the signature on a document, deleting it, using or possessing false writing is also considered forgery. In the case of writing to fall under the definition, the material included must have been fabricated or altered significantly in order to represent something it is actually not.
Facts: John was a publisher of ancient books and papers. In one of his books on the World Wars, he gave photograph of some letters written by famous historic personalities. A researcher in history noted that in the pictures of some of the letters printed in the book, John had added some words or sentences in his own handwriting to give completeness to the sentences, so that the readers will get a clear picture of the writer’s intention. The researcher challenges the originality of those pictures and claims that the book containing the forged letters should be banned. Examine the validity of the researcher’s demand.
Aaron is the punter on his high school football team. Biff, one of the players on the opposing team, runs into Aaron as he is punting the ball. Aaron is injured. Biff’s team is penalized 15 yards for roughing the kicker. Which of the following most accurately states the likely outcome if Aaron sues Biff in the tort of battery?
What main element differentiates the crime of battery from the tort of battery?
Defamation involves:
PRINCIPLE Trespass is the unauthorized entry through the person or tangible object into the property of another. The rights of property exist on the surface, aerially and in the subterrain.
FACTS Kumari and Shravan lived in houses interspersed by the plot of Shantanu. Kumari and Shravan set-up a walkie talkie connection by setting up their transmitte~s facing each other. When Shantanu came to know about the arrangement, he filed a suit of trespass stating that the same was a case of trespass as signals could reach each other only by crossing his plot.
Principle: A citizen is expected to take reasonable duty of care while driving on the road and not to cause injuries to any person.
Facts: X, the owner of a car, asked his friend Y to drive the car to his office. As the car was near his (X' s) office, it hit a pedestrian P on account of Y' s negligent driving and injured him seriously. P sued X for damages.
Which one of the following is correct?
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.
Principle: Trespass to land means direct interference with the possession of land without lawful justification. Trespass could be committed either by a person himself entering the land of another person or doing the same through some tangible object(s).
Facts: 'A' throws some stones upon his neighbor's (B's) premises. Which of the following derivations is correct?
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:
1. An act done by the consent of a person above 18 years is not an offense; provide the offender did not intend to cause death or grievous hurt.
2. Mere pecuniary benefit is not a thing done for a person's benefit'.
FACTUAL SITUATION: A, a poor man, is in dire need of money to pay off his money lenders. An approaches Z, a doctor, to operate on him to remove one of his kidneys so that he can donate it to needy people and earn money. The doctor explains to him the risks and thereafter proceeds to remove his kidney. In the process, some complication develops and A develops an abdominal tumor. Is Z guilty? DECISION:
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.
Principle: Everybody is under a legal obligation to take reasonable care to avoid act or omission which he can foresee would injure his neighbour. The neighbor for this purpose is any person whom he should have in his mind as likely to be affected by his actions.
Factual Situation: Ram, while rushing to board a moving train, pushed Shyam, who was walking along with a heavy package, containing firecrackers. As a result, the package slipped from his hand, and crackers exploded injuring a boy standing close by. A suit was filed against Ram, by the boy, claiming damages. DECISION:
