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Principle: the Concept of Natural Justice is Against Bias and for the Right to a Fair Hearing. - Mathematics

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प्रश्न

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

Principle: The concept of natural justice is against bias and for the right to a fair hearing. While the term natural justice is often retained as a general concept, and it has largely been replaced and extended by the general ‘duty to act fairly’.

Facts: ‘X’, a male employee of a company was dismissed by the employer just on the basis of a complaint by ‘Y’, a female employee of the company that ‘X’ was trying to be too friendly with her and often requested her to accompany him to the canteen. Is the dismissal of ‘X’ valid?

विकल्प

  • No, because the employer did not give a chance to ‘X’ to explain his side, thereby violated the principles of natural justice

  • Yes, moral law is antique and therefore, not applicable in modern times, therefore the termination is valid and no violations of the principles of natural justice occurred.

  • Yes, because men are not supposed to behave improperly with women and hence there is no violation of any principles of law

  • No, because in modern times this type of behaviour is common

MCQ
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उत्तर

No, because the employer did not give a chance to ‘X’ to explain his side, thereby violated the principles of natural justice

Explanation:

No, because the employer did not give a chance to 'X'  to explain his side, thereby violated the principles of natural justice.   
Natural justice mandates that X should have been given a fair chance to explain his side before a decision was taken and was dismissed by his employer. There was no 'duty to act fairly' and the principle of natural justice has been violated. 

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Law of Torts (Entrance Exams)
  क्या इस प्रश्न या उत्तर में कोई त्रुटि है?
2016-2017 (May) Set 1

संबंधित प्रश्न

Principle: Causing an effect partly by an act and partly by an omission is an offense.  

Facts: A did not provide any food to his daughter D. He also confined D in a room. Consequently, D died. 


Principle: Whoever does not arrest the killer and report the matter to the concerned authorities commits an offence.

Facts: 'A', a woman, sees 'B', another woman, killing a third woman 'C'. 'A' neither attempted to arrest 'B' nor informed the concerned authorities.


Legal Principle: When there is an infringement of the legal right of a person, he gets a right to sue the wrongdoer for remedy irrespective of any actual loss caused.

Fact Situation: Saroj is prevented from voting at an election. The candidate she intended to vote for, wins the election.

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


Who heads the four members Committee appointed to study the Centre-State relations especially the changes took place since Sarkaria Commission


In order to establish the tort of assault, what type of apprehension must the plaintiff prove that he or she had as a result of the defendant’s conduct?


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


PRINCIPLE Nuisance is the interference in the enjoyment of the property.

FACTS Pizzeria, a small cafeteria selling namesake used to run a wood-fired oven. The resulting smoke caused a lot of smoke in the neighbourhood and there were a number of complaints from the locals who had not witnessed such an oven. The food inspector taking cognizance of these reports asked the restaurant to shut down the oven. The owner who had earlier ran a similar establishment in Italy did not comply. Is Pizzeria committing a nuisance?


The question contains some basic principles and fact situations in which these basic principles have to be applied. A list of probable decisions and reasons are given.

Principles:

1. When a person unlawfully interferes in the chattel of another person by which the latter is deprived of its use, the former commits the tort of conversion.
2. Nobody shall enrich himself at other's expense,

Facts:

A patient suffering from stomach ailment approached. a teaching hospital. He was diagnosed as suffering from appendicitis and his appendix was removed. He became alright. The hospital however found some unique cells in the appendix and using the cell lines thereof, it developed drugs of enormous commercial value. When the erstwhile patient came to know about it, he claimed a share in the profit made by the hospital.

Possible Decisions

(a) The hospital need not share its profits with the patient.
(b) The hospital may share its profits on ex gratis basis. (c) The hospital shall share its profits with the patient.

Possible Reasons

(i) The patient, far from being deprived of the use of his appendix, actually benefitted by its removal.
(ii) The hospital instead of throwing away the appendix conducted further research on it on its own and the development of the drug was the result of its own effort.
(iii) The hospital could not have achieved its success without that appendix belonging to the patient.
(iv) Everybody must care for and share with others. Your decision with the reason.


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.

Legal Principle: The occupier of a premise owes a duty of care to all his invitees and visitor.

Factual Situation: Radhika's brother, Akash, had come to visit at her place. After seeing her wealth. Akash decided to commit theft that night. While he was trying to escape that night he gets electrocuted by the wires which were fixed on the boundary walls. Akash plans to sue Radhika. Will his claim succeed? DECISION:


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