हिंदी

Principle: One Who Asserts Must Prove. Facts: A Desires a Court to Give Judgment that B, C, and D Shall Be Punished for a Crime Which a Says B, C, and D Have Committed.

Advertisements
Advertisements

प्रश्न

Principle: One who asserts must prove.

Facts:  A desires a Court to give judgment that B, C, and D shall be punished for a crime which A says B, C, and D have committed. 

विकल्प

  • A must prove that B, C, and D were present at the place of crime 

  • A must prove that B, C, and D have committed the crime 

  • B, C, and D must prove that they have not committed the crime 

  • Police must prove that B, C, and D have committed the crime

MCQ
Advertisements

उत्तर

A must prove that B, C, and D have committed the crime 

Explanation:

A must prove that B, C, and D have committed the crime. This is based on the principle “one who asserts must prove”. In this case A desires (which is nearly the same as A asserts) a Court to give judgment that B, C, and D shall be punished for a crime they have committed.   

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

संबंधित प्रश्न

Principle: Acceptance of the proposal must be the exact mirror image of the proposal.

Facts: 'A‘ made a proposal to 'B‘ to sell a chair for Rs. 500. 'B‘ is desirous of buying the said chair for Rs. 400.  


Principle: A condition to a contract can also be complied with after the happening of the event to which such a condition is attached.

Facts: 'A' promises to pay Rs. 5000 to 'B' on the condition that he shall marry with the consent of 'C', 'D' and 'E'. 'B' marries without the consent of 'C', 'D' and 'E', but obtains their consent after the marriage.


Principles: 

  • An independent contractor is one who is employed to do some work of his employer. He is engaged under a contract for services. He undertakes to produce a given result, and in the actual execution of the work, he is not under the direct control or following directions of his employer. He may use his own discretion in execution of the work assigned.
  • In general, an employer is not liable for the torts (wrongful acts) of his independent contractor. But, the employer may be held liable if he directs him to do some careless acts.

Facts: Ramesh hired a taxi­cab to go to Delhi Airport. As he started late from his home, he kept on urging the taxi­driver to drive at a high speed and driver followed the directions; and ultimately due to high speed an accident took place causing injuries to a person.


Principle: Import means bringing some consignment into India from a foreign country.

Facts: A consignment from Sri Lanka entered the territorial waters of India. However, this consignment never crossed the Indian custom barrier nor did it enter into the stream of commerce in India.


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?


___ is NOT a Central Government tax.


Mark the best option:
Principle: An occupier is not normally liable to a trespasser except in respect of willful act intended to cause harm or done with reckless disregard.
Facts: Jaspal, a richman of the locality had kept a ferocious dog to guard his house. He strictly instructed all his servants not to go near that dog and there was a special attender who was to take care of the dog. There was a prominent board warning the visitors about the ferocious dog. One day, a twelve-year-old boy playing in the neighborhood, running after his ball got into the house. The dog attacked him and killed him. Jaspal was sued for damages.


Which Article 8 of the European Convention on Human Rights protects which right...?


Rules:

A. A person is an employee of another if the mode and the manner in which he or she carries out his work is subject to control and supervision of the latter.
B. An employer is required to provide compensation to his or her employees for any injury caused by an accident arising in the course of employment. The words ‘in the course of the employment’ mean in the course of the work which the employee is contracted to do and which is incidental to it.

Facts:

Messers. Zafar Abidi and Co. (Company) manufactures bidis with the help of persons known as ‘pattadrs’. The pattadars are supplied tobacco and leaves by the Company and are required to roll them into bidis and bring the bidis back to the Company. The pattadars are free to roll the bidis either in the factory or anywhere else they prefer. They are not bound to attend the factory for any fixed number of bidis. The Company verifies whether the bidis adhere to the specified instructions or not pays the pattadars on the basis of the number of bids that are found to be of right quality. Aashish Mathew is one of the pattadars of the Company. He was hit by a car just outside the precinct of the factory while he was heading to have lunch in a nearby food-stall. Aashish Mathew has applied for compensation from the Company.

According to the facts and the rules specified, which of the following propositions is correct


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?


Share
Notifications

Englishहिंदीमराठी


      Forgot password?
Use app×