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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
विकल्प
Only at New Delhi, where the cause of action arises
Only at Haryana where 'A‘ carries on business
Only at UP where 'B‘ carries on business
At Haryana or at New Delhi
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उत्तर
At Haryana or at New Delhi
Explanation:
Civil suit can be filed either at Haryana or New Delhi. This is based on the principle that Civil Suit can be filed where the defendant resides or carries on business or where the cause of action arises. The defendant resides or does business in Haryana and the cause of action has arisen in New Delhi. Therefore, a civil suit can be filed at either of the places.
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संबंधित प्रश्न
Principle: Whoever by words publishes any imputation concerning any person is said to defame that person.
Facts: During a marriage ceremony, A circulated a pamphlet saying the sister of the bride 'S‘ is a thief, she has stolen the shoes of the bridegroom.
Principle: Inducing any animal to move or to change its motion and thereby intentionally causing fear of injury or annoyance to others by such act, is an offence of use of criminal force.
Facts: X incites his dog to chase and run after his neighbour Y, to teach Y to stay away from him. The act is done without neighbour‘ consent and against his will
Mark the best option:
Principles: An unlawful interference with a person's use or enjoyment of land, or some right over, or in connection with it, is a nuisance in law of tort.
Facts: During the scarcity of onions, long queues were made outside the defendant's shop who having a licence to sell fruits and vegetables used to sell only 1 kg of onion per ration card. The queues extended on to the highway and l also caused some obstruction to the neighboring shops. The neighboring shopkeepers filed a suit for nuisance against the defendant. which one of the following decisions will be correct in this suit?
Decide:
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?
Which of the following is not an element of an intentional tort?
Which of the following is not an objective of the law of tort?
Injuria sine damnum stands for.
PRINCIPLE The Right to private defence entitles you the licence of force in the failure of other options to the extent of harm faced and proportionate resistance likewise.
FACTS X had a snake farm where he used to ·extract venom from the snakes and sell them for medicinal uses. One such neutralised snake entered into Y's property and into his child's nursery. On being tried to be removed the snake got aggravated and was therefore killed by Y's servant. In a suit brought by X against Y.
Principle: Ignorance of the law is no excuse.
Facts: A fails to file his income tat returns for ten years. The Income-tax department issues to him notice to show cause why proceedings should not be initiated against him for the recovery of the income tax due from him with interest and penalty. Advise.
Principle: A person who commits an unlawful act towards another which can be imputed to him, must repair the damage which the other person suffers as a consequence thereof.
Facts: Mr. Rajender Singh was riding his scooter on the right side of the road which is illegal as per the Traffic Rules. Mr. Rajesh Chawla was driving his car in the opposite direction. The two vehicles collided and resulted in loss of Rs. 50,000/- to Mr. Rajender Singh. This includes his medical expenses and damage to the scooter. In this accident, there is no fault on the part of Mr. Rajesh Chawla.
