Advertisements
Advertisements
प्रश्न
Principle: In cases where there is an infringement of legal right even without any actual loss or damage, the person whose right is infringed has a cause of action.
Facts: 'P' was wrongfully prevented by the Returning Officer from ex ercising his vote in an assembly election. However, the candidate for whom he wanted to caste his vote won the election. Still, he ('P') brou ght an action claiming damages. Which of the following derivations is correct?
विकल्प
'P' would succeed in his action, as it is mandatory to cast vote.
'P' would not succeed in his action, as the candidate for whom h e wanted to give his vote won the election.
'P' would not succeed in his action, as he did not suffer any loss in that election.
'P' would succeed in his action, as he was wrongfully prevented from exercising his legal right of voting in that election.
Advertisements
उत्तर
'P' would succeed in his action, as he was wrongfully prevented from exercising his legal right of voting in that election.
Explanation:
The reasonable conclusion is drawn that it is a violation of a legal right without causing any harm, loss or damage to the plaintiff. Thus it is actionable in tort. Hence P would succeed in his action, as he was wrongfully prevented from his legal right of voting.
APPEARS IN
संबंधित 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
Mark the best option:
Facts: Kumar had a ferocious dog which used to guard his house. One evening when Mohan was returning home after illegally purchasing an unlicensed gun, he happened to pass Kumar’s house, the latter’s dog ran out and bit Mohan’s trouser and on Mohan's turning around and raising his gun the dog ran away. Mohan shot the dog as it was running into the house. Kumar’sdog died after two days because of the gunshot and he sued Mohan for compensation.
Principle:
- Every person has a right to defend his own person, property or possession against unlawful harm.
- The person may use reasonable force in order to protect his person, property or possession.
- However, the force employed should be proportionate to the apprehended danger.
Directions: Read the statement and on the basis of that, choose the most appropriate course of action(s) given below the statement.
Statement: Most of those who study in premier Medical colleges in India migrate to developed nations for better prospects in their professional pursuits.
Courses of Action:
I. All the students joining these colleges should be asked to sign a bond at the time of admission to the effect that they will remain in India at least for ten years after they complete their medical education.
II. All those students who desire to settle in the developed nations should be asked to pay the entire cost of their education which the government subsidised.
In India, the literary work is protected until
___ is NOT a Central Government tax.
Which of the following could not constitute battery if done with the requisite intent?
Which of the following is not a defense to trespass to the person?
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.
Principle: The standard to determine whether a person has been guilty of negligence is the standard of care which, in the given circumstances, a reasonable man could have foreseen.
Facts: The Agricultural University constructed 200 houses for its employees in its premises. Two huge bore wells were sunk and motors were installed. They did not cover the pump rooms properly. A child, 6 years old, from one of the quarters, was playing near the pumphouse. On hearing the noise of the pump, she was curious to see the motor. She touched the motor that was not covered properly and three of her fingers were cut.
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: Vicarious liability is the liability of the Master or Principal for the tort committed by his servant or agent, provided the tort is committed in the course of employment. The Master or Principal is not liable for private wrongs of the servant/agent.
Facts: 'X' hands over some cash money at his house to 'Y', who is his (X's) neighbour and is also cashier in a bank, to be deposited in A's account in the bank. Instead of depositing the money, 'Y' misappropriates it.
Which of the following statements depicts the correct legal position in this given situation?
