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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: When a person makes such a statement that lowers another person's reputation in the estimation of other persons, it is liable for committing defamation.
Facts: 'A' writes a letter to 'B' in which he uses abusive language against 'B' and also states that 'B' is a dishonest person. 'A' put the letter in a sealed envelope and delivered it to 'B'.
पर्याय
'A' has committed a moral wrong
'A' has not committed defamation
'A' has not committed a moral wrong
'A' has committed defamation
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उत्तर
'A' has not committed defamation
Explanation:
'A' has only written abuses on a letter and puts it in a sealed envelope delivered only to 'B'. The statement did not lower the reputation of 'B' in the estimation of others. There is no defamation.
APPEARS IN
संबंधित प्रश्न
Principle: False imprisonment is a tort (wrong) which means the total restraint of a person's liberty without lawful justification.
Facts: A part of a public road had been closed for spectators of a boat race. 'P' wanted to enter but he was prevented by 'D' and other policemen because he had not paid the admission fee. 'P' was able to enter the enclosure by other means but was unable to go where he wanted to go. The policemen refused access to where he wanted to go but allowed him to remain where he was or to go back. 'P' remained within the enclosure and refused to leave. Subsequently, 'P' sued 'D' for false imprisonment.
Directions: Read the statement and on the basis of that, choose the most appropriate course of action(s) given below the statement.
Statement: Official data show more people died on Indian roads in 2016 than in 2015; UP and Tamil Nadu accounted for the largest numbers of fatalities.
Courses of Action:
I. The government should make a policy regulating the manufacturing of automobiles for private use.
II. The government should take steps to create awareness among the public about road safety.
III. Accidents can be avoided if the Government takes steps to make good roads.
IV. To eliminate accidents completely the Government should impose stringent punishments for traffic violations.
Legal Principle: Nuisance is the unlawful interference with a person’s enjoyment of his land or some rights over or in connection with it.
Fact Situation: Ashok, in his nineties, is hard of hearing and plays the radio very loudly throughout the day and on a daily basis. Raju, his neighbor, complained that he cannot listen to his favorite TV show in his home due to the radio of Ashok.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
In India, the literary work is protected until
Mark the best option:
Principles: An unlawful interference with a person's use or enjoyment of land, or some right over, or in connection with it, is a nuisance in law of tort.
Facts: During the scarcity of onions, long queues were made outside the defendant's shop who having a licence to sell fruits and vegetables used to sell only 1 kg of onion per ration card. The queues extended on to the highway and l also caused some obstruction to the neighboring shops. The neighboring shopkeepers filed a suit for nuisance against the defendant. which one of the following decisions will be correct in this suit?
Decide:
Defamation involves:
Which Article 8 of the European Convention on Human Rights protects which right...?
PRINCIPLE The test as to whether the act done by an officer or agency of the state is a sovereign function or a function done ordinarily is dependent on the fact that an alternative person may also carry out the latter, but the former may only be carried out by the state.
FACTS In a boundary settlement dispute between India and Bangladesh, a certain territory was exchanged in pursuit of a treaty agreement. X's land which lay in the Indian enclave thus got transferred to Bangladesh, which did not recognise his proprietary rights. In a suit against the Indian Government, the likely outcome is
Principle: The standard to determine whether a person has been guilty of negligence is the standard of care which, in the given circumstances, a reasonable man could have foreseen.
Facts: The Agricultural University constructed 200 houses for its employees in its premises. Two huge bore wells were sunk and motors were installed. They did not cover the pump rooms properly. A child, 6 years old, from one of the quarters, was playing near the pumphouse. On hearing the noise of the pump, she was curious to see the motor. She touched the motor that was not covered properly and three of her fingers were cut.
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: Whoever stores a substance that could cause damage to escape shall be absolutely liable (i.e. liable even when he has exercised necessary care) for any damage caused by the escape of the substance.
Factual situation: Union Carbide India Limited (UCIL) manufactured methyl isocyanate, an extremely toxic gas. Due to a storm, the gas that was being stored in sealed containers got released. Before much could happen, the local municipal authorities managed to contain the disaster. The authorities filed a suit against UCIL for the costs that were incurred in decontamination. However, later it was realized that the clean-up by the authorities could have been done without spending as many resources and the damage was not that significant. UCIL argued that it would pay only part of the amount demanded by the authorities, which could have dealt with the contamination. DECISION:
