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प्रश्न
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: Doctrine of Double Jeopardy: No person shall be prosecuted and punished for the same offence twice.
FACT: MaqbooI brought some gold into India witnout mal<ing any declaration to Custom department on the airport. The custom authorities confiscated the gold under the Sea Customs Act. Maqbool was later charged for having committed an offence under Foreign Exchange Regulation Act.
विकल्प
He cannot be prosecuted because it would amount to double jeopardy
He can be prosecuted bceause confiscation of goods by customs authorities does not amount to prosecution by the Court
None of the above
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उत्तर
He can be prosecuted because confiscation of goods by customs authorities does not amount to prosecution by the Court
APPEARS IN
संबंधित प्रश्न
In this Question, the problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the question.
Rules
A. The act of using threats to force another person to enter into a contract is called coercion.
B. The act of using influence on another and taking undue advantage of that person is called undue influence.
C. In order to prove coercion, the existence of the use of threat, in any form and manner, is necessary. If coercion is proved, the person who has been so threatened can refuse to abide by the contract.
D. In order to prove undue-influence, there has to be a pre-existing relationship between the parties to a contract. The relationship has to be of such a nature that one is in a position to influence the other. If it is proven that there has been undue influence, the party who has been so influenced need not enforce the contract or perform his obligations under the contract.
Facts:
Aadil and Baalu are best friends. Aadil is the son of a multi-millionaire business person, Chulbul who owns Maakhan Pharmaceuticals. Baalu is the son of a bank employee, Dhanraj. One day, Aadil is abducted from his office by Baalu. Chulbul receives a phone call from Dhanraj telling him that if he does not make Baalu the CEO of Maakhan Pharmaceuticals, Aadil will be killed. Chulbul reluctantly agrees to make the Baalu the CEO.
Subsequently, Chulbul and Baalu sign an employment contract. However, as soon as Aadil is released and safely returns home, Chulbul tells Baalu that he shall not enforce the employment contract. Baalu and Dhanraj are not sure as to what is to be done next.
Baalu will succeed in getting the employment contract enforced if he can show that
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. When land is sold, all `fixtures' on the land are also deemed to have been sold.
B. If a moveable thing is attached to the land or any building on the land, then it becomes a 'fixture'.
Facts: Khaleeda wants to sell a plot of land she owns in Baghmara, Meghalaya and the sale value decided for the plot includes the fully-furnished palatial six-bedroom house that she has built on it five years ago. She sells it to Garret for sixty laky rupees. After completing the sale, she removes the expensive Iranian carpet which used to cover the entire wooden floor of one of the bedrooms. The room had very little light and Khalid used this light-colored radiant carpet to negate some of the darkness in the room. Garret, after moving in, realizes this and files a case to recover the carpet from Khalid. Assume that in the above fact scenario, Khalid no longer wants the carpet. She removes the elaborately carved door to the house after the sale has been concluded and claims that Garret has no claim to the door. The door in question was part of Khaleeda's ancestral home in Nagercoil, Tamil Nadu for more than 150 years before she had it fitted as the entrance to her Baghmara house. As a judge, you would decide in favour of it.
Mark the best option:
Facts: Ganga asked Ram to send him 15 bottles of groundnut oil at once. Ram wrote back that he would send the bottles in15-20 days. Ganga did not reply and ultimately about a month and a half later Ram sent the goods. Ganga refused to accept the goods and said that there was no contract. Ram sued him in court. Will Ram succeed in his case?
Principle:
- In order to convert a proposal into a promise, the acceptance should be absolute and unqualified.
- If there is an offer and acceptance between parties a contract is formed.
A makes a contract with B to beat his business competitor. This is an example of
A contract is defined as an agreement enforceable by law, vide Section ____ of the Indian Contract Act.
Agreement the meaning of which is uncertain is
An offer and its acceptance is the basic requirement of an agreement and as per this requirement an offer by one party
The communication of a proposal is complete when it comes to
A appoints B as his agent, by way of a power of attorney. This is an example of
From the four answers given, shade the appropriate answer.
No minor can enter into a contract of work. Working in a shop can be done only by a contract. Which of the following derivation is correct?
