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प्रश्न
This question consists of principles and facts. The principal 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 the question, you must not rely on any principle except the principle that is given hereinbelow for the 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.
Therefore, to answer a question, the principle is to be applied to the given facts and to choose the most appropriate option.
Principle: Under the Employees Compensation Act, 1923, an employer is liable to pay compensation to his workmen for injuries sustained by them by an accident arising out of and in the course of employment.
Facts: M, the Manager of SRK Industries asked his secretary S to submit a report at the Government Labour Office. ‘S’ submitted the report as directed. On his way back S met one of his classmates. He then decided to have a cup of tea together at a wayside restaurant. Sometime later, ‘S’ got a message from his office to report back as it was a long time since he left the office. ‘S’ rushed back on his Motor Cycle. On his way back a Truck that was coming from a side road hit ‘S’. H e was admitted to a nearby hospital with multiple injuries. He claims compensation under the Employees Compensation Act from his employer.
विकल्प
The Employer is liable as S had to rush back to the office, because of the message from the office.
The Employer is not liable as the truck driver was negligent.
The Employer is not liable as he was admitted to a private hospital and not a Government Hospital.
The Employer is liable to pay compensation as the accident took place arising out of and in the course of employment.
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उत्तर
The Employer is liable to pay compensation as the accident took place arising out of and in the course of employment.
Explanation:
The Employer is liable to pay the compensation as the accident took place arising out of and in the course of employment. 'S' had gone to the Government Labor Office to submit a report and after receiving a message to return back to the office, he suffered from an accident. This happened during the course of employment as he had gone to the Labor Office on the direction of the Manager and was returning back to SRK Industries. (Ramrao Zingraji Shende vs Indian Yarn Manufacturing 1994 ACJ 916, (1992) 94 BOMLR 596, 1992 (65) FLR 1055, (1993) ILLJ 442 Bom, 1993 (1) MhLj 23)
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संबंधित प्रश्न
The question consists of two statements, one labelled as principle and other as Fact. You are to exa.mine the principle and apply it to the given facts carefully and select the best option.
Principle: A master is liable for the acts committed by his servant in the course of employment.
Fact: Sanjay is a driver working in Brookebond and co. One day, the manager asked him to drop a customer at the airport and get back at the earliest. on hiS way back from the airport, he happened 10 see his fian~ Ruhina waiting for a bus to go home. He offered to drop her at home, which happened to be close to his office. She got into the car and soon thereafter, the car somersaulted due to the negligence or Sanjay. Ruhina was thrown out of the car and suffered multiple in Juries. She seeks compensation from Brookebond and Co.
The question consists of two statements, one labelled as a principle and other as Fact. You are to exa.mine the principle and apply it to the given facts carefully and select the best option.
PRINCIPAL: ignorantia juris nonexcusat and ingnorantia facit excusat
FACT: George was a passenger from Zurich to Manila in a Swiss Plane. When the plane landed at the airport at Etombay on 28th Nov. 1962 it was found on search that George carried 34 kgs of gold bars in person and that he had not declared it in the 'Manifest for transfer. On 28th Nov. 1962 Govemment of India issued a notification and modified its earlier exemption and now it is necessary that the gold must be declared in the "Manifest" of the aircraft.
The question consists of two statements, one labelled as Assertion (A) and other as Reason (R).
You are to examine the two statements carefully and select the best option.
Assertion: Attempt to commit an offence enough does not result in any harm should also be punished
Reason: A person who tries to cause prohibited harm and fails, is, in terms of moral culpability, not materially different from the person who tries and succeeds.
Read the definition and elements of the attempt, apply them on the given fact situations and answer the question:
Definition of Attempt: Lord Blackburn has said that "there is no doubt that there is difference between a preparation antecedent to an attempt and the actual attempt, but if the actual transaction has commenced which would have ended in the crime if not interrupted, there is clearly an attempt to commit the crime."
1. Fault element· Intention or knowledge requisite for committing an offense: and
2. Conduct Element: does any act towards its commission and has crossed the stage of preparation. This act is so closely connected with and proximate to the commission that it falls in object because of facts not known to him or because of circumstances beyond his control.
'SINY' with an intention to pick-pocket puts his hand into MlNU's pocket. MINU had a Joaded pistol in his pocket The thief touches the pistol and trigger goes on, whereby MINU is shot dead.
Choose the most appropriate option:
'obiter dicta' means-
Legal phrase is followed by four meanings. Choose the most appropriate option:
Caveat venditor
Mark the best option:
English Law is also known as
Mark the best option:
Caveat emptor means –
In the case of industrial or other establishments, person responsibility of __________ shall be liable for the payment of the wage to employees employed by him.
Time Of Payment Of Wages is covered under section ____ of Payment of Wages Act
