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प्रश्न
Principle: Whoever takes away any moveable thing from the land of any person without that person‘s consent is said to commit theft.
Facts: During his visit to the home of C, A asks B, the son of C, to accompany A to a forest. Neither A nor B informs C in this regard. B accompanies A to the forest.
विकल्प
A has committed theft.
A has not committed theft.
A has committed theft as soon as he entered the home of C.
A has not committed theft till B did not accompany him.
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उत्तर
A has not committed theft.
Explanation:
A has not committed theft. According to the principle, someone commits theft only when they take away something moveable from the property of another person. B, the son of C is a living being, not a thing (or lifeless object).
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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.
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.
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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.
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: Nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. If the interference is 'direct', the wrong is trespass; whereas, if the interference is 'consequential', it amounts to a nuisance.
Facts: 'A' plants a tree on his land. However, he allows of its branches to project over the land of 'B'. Which of the following derivations is correct?
