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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: Whoever, intending to take dishonestly any movable property out of the possession of any person without that person'S consent moves that property, such tatting is said to commit theft.
FACT: RAMU cuts down a tree on RINKU'S ground, with the intention of dishonestly tatting the tree out of RINKU'S possession without RINKU'S consent. A could not take the tree away.
पर्याय
RAMU can be prosecuted for theft
RAMU cannot be prosecuted for theft
RAMU can be prosecuted for attempt to theft
RAMU has neither committed theft nor attempt to commit theft
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उत्तर
RAMU can be prosecuted for theft
APPEARS IN
संबंधित प्रश्न
In this Question problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the question. In answering the following question, you should not rely on any rule(s) except the rule(s) that are supplied for problem. Further, you should not assume any fact other than 'those stated in the problem. The aim is to test your ability to properly apply a rule to a given set of facts, even when the result is absurd or unacceptable for any other reason. It is not the aim to test any knowledge of law you may already possess.
Rule A: An owner of land has the right to use the land in any manner he or she desires. The owner of land also owns the space above and the depths below it.
Rule B: Rights above the laud extend only to the point they are essential to any use or enjoyment of land.
Rule C: An owner cannot claim infringement of her property right if the space above his or her land is put to reasonable use by someone else at a height at which the owner would have to reasonable use of it and it does not affect the reasonable enjoyment of his or her land.
Ramesh's case: Ramesh owns an acre of land on the outskirts of Sullurpeta, Andhra Pradcsh. The Govemment of India launches its satellites into space frequently from Sriharikota, near Sullurpcla. The Government of India does not deny that once the satellite launch has traveled the distance of almost 7000 kilometres it passes over Ramesh's properly. Ramesh files a case claiming that the Government of India has violated his property rights by routing its satellite over his property, albeit 7000 kilometres directly above it.
Applying only Rule A to Ramesh's case, as a judge you would decide:
Choose the best option for the following statement:
The distinction between fraud and misrepresentation:
1. Fraud is more or less intentional wrong, whereas misrepresentation may be quite innocent.
2. In addition to rendering the contract voidable, iS a cause of action in tort for damages. Simple misrepresentation is not a tort but a person who rightfully rescinds a contract is entitled to compensation for any damages which he has sustained through the non-fulfillment of the contract.
3. A person complaining of misrepresentation can be met with the defence that he had "the means of discovering the truth with ordinary diligence. But excepting fraud by silence in other cases of fraud it is no defence that "the plaintiff had the means of discovering the truth by ordinary diligence".
4. None of the above.
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: An agreement, the terms of which are not certain, or capable of being made certain, is void.
Facts: Sunder agreed to take Bhola’s penthouse on rent for three years at the rate of rupees 12, 00, 000/- per annum provided the house was put to thorough repairs and the living rooms were decorated according to contemporary style.
A contract is defined as an agreement enforceable by law, vide Section ____ of the Indian Contract Act.
Every promise and every set of promise forming the consideration for each other is a/an
Which of the following legal statement is incorrect?
“A Contract is an agreement creating and defining obligations between the parties” the definition was put forwarded by
The agreement is defined by the section ............... of the Indian Contract Act, 1872.
Parol contracts are also known as
................. implies a contract though the parties never expressed their intention to enter into a contract.
