Advertisements
Advertisements
प्रश्न
Principle: Doing of an act which causes common injury, danger or annoyance to the public or which is likely to cause such injury or annoyance is Public nuisance. A common nuisance is not excused because it causes some nuisance or advantage.
Facts: 'A‘ a farmer having large farmlands burns crop residue (stubble) on his fields after harvesting the crop to make the field ready for next crop as this is the easy, fast and convenient method of making the field ready for next crop. His farmlands are adjoining a densely inhabited residential area and people pass through the smoke while traveling on the road adjoining his farmlands. The smoke caused by fire also enters the houses in the colony.
विकल्प
A has not committed any offence since he does not cause any specific injury to any specific person
A has not committed any offence because he does not gain any advantage from persons living in the vicinity
A has committed a public nuisance
A has not committed any offence because the alleged acts are done on the fields owned and used by him and acts are done without any intention to cause harm.
Advertisements
उत्तर
A has committed a public nuisance
Explanation:
A has committed public nuisance as defined in the principle. According to the principle: “Doing of an act which causes common injury, danger or annoyance to public or which is likely to cause such injury or annoyance is Public nuisance.” X’s action of burning crop stubbles is a public nuisance because smoke caused by his action is disturbing to the public. The principle also states that “A common nuisance is not excused because it causes some nuisance or advantage.” This may be interpreted to mean that X’s action cannot be excused even if it is advantageous to his farm.
APPEARS IN
संबंधित प्रश्न
Principle: Nothing is an offence which is done by a child under twelve years of age, who has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct on that occasion.
Facts: Himesh, 11 years old boy, picks up a gold ring worth Rs 5000/- lying on a table in his friend's house and immediately sells it for Rs 2000/, and misappropriates the money.
The principle is to be applied to the given facts and to choose the most appropriate option
Principle: When a person consented to an act to be done by another, he cannot claim any damages resulting from doing that act, provided the act done is the same for which consent is given.
Facts: 'P' submitted written consent to a surgeon 'S' for undergoing a surgical operation for removal of appendicitis. The surgeon while doing surgery also removed the gall bladder of 'A':
What kind of contact must the plaintiff prove as an element of the tort of battery?
What the Injuries Board is...
Apply the legal principles to the facts given below and select the most appropriate answer.
Legal Principle: Vicarious liability is when employers are held liable for the torts committed by their employees during the course of employment.
Factual Situation: New Vision School opened a boarding house (Shivaji House) for boys in the year 2000 for the students having behavioral and emotional difficulties. The claimants in the instant case had resided there between 2000 to 2003, being aged 12 to 15 during that time, under the care of a warden, who was in charge of maintaining discipline and the running of the house. The warden lived in the House, with his disabled wife, and together they were the only two members of staff in the House. His duties were ensuring order, in making sure the children went to bed, went to school, engaged in evening activities, and supervising other staff. It had been alleged by some of the boys that the warden had sexually abused them, including inappropriate advances and taking trips alone with them. A criminal investigation took place some ten years later, resulting in the warden being sentenced to seven years imprisonment. Following this, the victims brought an action for personal injury against ~he employers, alleging that they were vicariously liable. Whether the employers of the warden may be held vicariously liable for their employee's intentional sexual abuse of school boys placed under his care?
PRINCIPLE An owner of land has the right to use the land in any manner he or she desires. The owner of the land also owns the space above and the depths below it.
FACTS Ramesh owns an acre of land on the outskirts of Sullurpeta, Andhra Pradesh. The Government of India launches its satellites into space frequently from Sriharikota, near Sullurpeta. The Government of India does not deny that once the satellite launch has travelled the distance of almost 7000 kilometres it passes over Ramesh's property. Ramesh files a case claiming that the Government of India has violated his property rights by routing its satellite over his property, albeit 7000 kilometers directly above it.
Applying the principle to the case you would decide
PRINCIPLE The test as to whether the act done by an officer or agency of the state is a sovereign function or a function done ordinarily is dependent on the fact that an alternative person may also carry out the latter, but the former may only be carried out by the state.
FACTS In a boundary settlement dispute between India and Bangladesh, a certain territory was exchanged in pursuit of a treaty agreement. X's land which lay in the Indian enclave thus got transferred to Bangladesh, which did not recognise his proprietary rights. In a suit against the Indian Government, the likely outcome is
In Law of Torts,
Principle: Nobody shall make use of his property in such a way as to cause damage to others. Any such use constitutes a private nuisance, a wrongful act under Law of Torts.
Facts: Vasan was owing to a house, adjacent to a cluster of houses, owned by Varadan. Varadan was leasing out these houses whereas Vasan was living in his house. When Vasan was transferred to another place, he leased out his house to a person suffering from AIDS. Fearing the spread of AIDS, the tenants moved out of Varadan's houses. Varadan requested Vasan to evict AIDS patient and he offered to fix a suitable tenant for Vasan's house if the AIDS patient is evicted. But Vasan refused by arguing that AIDS would not spread as feared by Varadan's tenants. Varadan filed a suit against Vasan.
X went to Y’s house and forgot his bag which contained 1 kg sweets. Y’s children consumed the sweets. Decide the liability of Y.
