हिंदी

Principle: Nothing is an Offence Which is Done in the Exercise of the Right of Private Defence. Nothing is an Offence Which is Done in Madness.

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प्रश्न

Consists of legal proposition(s)/  principle(s) (hereinafter referred to as 'principle') and facts. Such principles may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this Section. In other words, in answering these questions, you must not rely on any principle except the principles that are given herein below for every question.  
Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest in the study of law, research aptitude, and problem-solving ability, even if the 'most reasonable conclusion' arrived at may be absurd or unacceptable for any other reason. It is not the objective of this section to test your knowledge of the law.  
Therefore, to answer a question, the principle is to be applied to the given facts and to choose the most appropriate option. 

Principle: Nothing is an offence which is done in the exercise of the right of private defence. Nothing is an offence which is done in madness.

Facts: A, under the influence of madness, attempts to kill B. B to save his life kills A.  

विकल्प

  • 'A' has not committed an offence because he was mad. 

  • 'B' has committed an offence.  

  • 'B' has not committed any offence.

  • 'A' has committed the offence of attempt to murder. 

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उत्तर १

B has not committed any offense 

Explanation:

B has not committed an offence as he acted in private defence. Being mad, or anything done in madness is not an offence.

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उत्तर २

B has not committed any offense 

Explanation:

B' has not committed any offence. ' A' attempted to kill 'B' and to save one's own life 'B' kills 'A'. 'A' has committed no offence. It is a private defence. (Kamparsare vs Putappa)

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Law of Torts (Entrance Exams)
  क्या इस प्रश्न या उत्तर में कोई त्रुटि है?
2018-2019 (May) Set 1

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: 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?


The principle is to be applied to the given facts and to choose the most appropriate option:

Principle:  According to law, a person who finds goods belonging to another and takes them into his custody, is subject to the same responsibility as a bailee. Bailee is a person or party to whom goods are delivered for a purpose, such as custody or repair, without transfer of ownership. The finder of the goods legally can sell the goods found by him under certain circumstances including the situation that the owner refuses to pay the lawful charges of the finder.

Facts: P, a college student, while coming out of a Cricket stadium found a necklace, studded with apparently precious diamonds. P kept it for two days thinking that the owner would notify it in a local newspaper. Since he did not notice any such notification, P published a small classified advertisement in a local newspaper. In two days’ time, P was contacted by a film actor claiming that it was her Necklace and requested P to return it to her. P told her that she should compensate him for the advertisement charges then only he would return it otherwise he will sell it and make good his expenses. The film star told P that she had advertised in a national newspaper about her lost Necklace which was lost somewhere in the Cricket Stadium. The advertisement was published for three consecutive days incurring a large expenditure for her. Mentioning all this she refuses to pay P and claims the Necklace back. Which among the following is the most appropriate answer to this?


Legal Principle: The law states that a food business operator must be registered with or licensed by the Food Safety and Standards Authority of India (FSSAI) to run a food business.

Fact Situation: Kavita’s neighbours suffer food poisoning after consuming sweets gifted by her on the occasion of a celebration at her home. Kavita does not have a registration or license from the FSSAI.

Which of the following statements is the most appropriate in relation to the legal principle stated above?


Legal Principle: One of the principles of ‘Natural Justice’ states that, “No person shall be a judge in his own cause”.

Facts: A, a driver of B, a Branch Manager of ABC Bank was caught, suspecting theft, in the bank premises. The Bank management instituted an enquiry and made B the enquiry officer.

Which of the following statements is correct?


What Is an ECO-MARK?


What kind of contact must the plaintiff prove as an element of the tort of battery?


This tort occurs most often in society.


Assertion (A): In the event of a violation of any legal right (tort) the aggrieved party is entitled to recover damages as determined by the court.

Reason (R): The object of awarding damages to the aggrieved party is to put him in the same position in which he would have been in the wrong would not have been committed. Damages are, therefore, assessed on that basis. 


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.


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