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प्रश्न
Principle: Nothing is an offence, which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.
Facts: 'A' takes up a gun, not knowing whether it is loaded or not, points it playfully at 'B' and pulls the trigger. Consequently, 'B' falls dead.
विकल्प
B's death is accidental, as 'A' did not have the knowledge that th e gun is loaded.
B's death is accidental, as 'A' had no intention to kill 'B'.
B's death is accidental, as 'A' was just pointing the gun playfully at 'B'
B's death is not accidental, as there was want of proper care and caution on the part of 'A'.
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उत्तर
B's death is not accidental, as there was a want of proper care and caution on the part of 'A'.
Explanation:
B's death is not accidental, as here was want of proper care and caution on the part of A. In Bhupender Singh A Chudasama vs State of Gujrat AIR 1997 SC3790, The Hon'ble Supreme Court observed on the falls of a case before it. The primordial requirement of the exception that we get is that it should have been done "with proper Care and Caution".
The reasonable conclusion drawn is that the B's death is not accidental, as there was a lack of proper care and caution on the part of A. So, "B’s death is not accidental, as there was want of proper care and caution on the part of ‘A’" is correct.
APPEARS IN
संबंधित प्रश्न
Principles:
• A person is said to abet the doing of a thing when he instigates any other person to do that thing.
• Mere acquiescence, however, does not amount to instigation.
Facts: 'A' says to 'B': I am going to kill 'C'." And, 'B' replies: "Do as you wish and take the consequences"; whereafter 'A' kills 'C'.
Principle: Defamation is the publication of a statement that tends to lower reputation of a person in the estimation of other members of the society generally.
Facts: 'A' writes a highly offensive and derogatory letter about 'B', and sends it directly to 'B' in a sealed cover.
Choose the most appropriate option:
'obiter dicta' means-
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Malus animus
Legal phrase is followed by four meanings. Choose the most appropriate option:
‘Sine die’ means:
Legal phrase is followed by four meanings. Choose the most appropriate option:
Faux pas
The right to information under the Right to Information Act, 2005 is a:
Trade mark
Time Of Payment Of Wages is covered under section ____ of Payment of Wages Act
The correct sequence in ascending order of their creation of the following international institution is:
- WTO
- GATT
- UNCTAD
- NAFTA
