मराठी

Legal Principle Any Direct Physical, Interference with Goods in Somebody'S Possession Without Lawful Justification is Called Trespass of Goods.

Advertisements
Advertisements

प्रश्न

LEGAL PRINCIPLE Any direct physical, interference with goods in somebody's possession without lawful justification is called trespass of goods.

FACTS Z purchased a car from a person who had no title to it and sent it to a garage for repair. X believing wrongly that the car was his, removed it from the garage.

पर्याय

  • X can be held responsible for the trespass of goods

  • X cannot be held responsible for trespass of good as he was under a wrong belief

  • X has not committed any wrong

  • None of the above

MCQ
Advertisements

उत्तर

X can be held responsible for the trespass of goods

Explanation:

Under section 441 of IPC which defines Criminal trespass that whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property or having lawfully entered into or upon such property, unlawfully remains there with the intent thereby to intimidate, insult or annoy any such person or with intent to commit an offence. 

shaalaa.com
Criminal Law
  या प्रश्नात किंवा उत्तरात काही त्रुटी आहे का?
2014-2015 (May) Set 1

संबंधित प्रश्‍न

Theft is defined only for


In criminal proceedings acquittal refers to


The question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.

Principle: Nothing is an offence which is done by a child under seven years of age.

Facts: A child born on January 01, 2005 killed another child B on December 30, 2011.


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: 

1. Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking is said to commit theft.

2. Whoever dishonestly misappropriates or converts to his own any movable property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

FACTUAL SITUATION: 

A takes umbrella belonging to Z out of Z’s possession in good faith, believing at the time when he took it, that the property belongs to himself. His wife points out after some days that the umbrella does not belong to them but to Z. After coming to know that, A dishonestly keeps the umbrella. DECISION:


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: A person shall not be guilty of contempt of court on the ground that he has published any matter which interferes with or obstructs or tends to obstruct the course of justice in connection with any civil or criminal proceeding pending at the time of the publication, it at that time he had no reasonable grounds for believing that the proceeding was pending.

FACTUAL SITUATION: X delivered a lecture at the local Rotary Club in favour of an accused who is prosecuted for assaulting a police officer. He said that the accused is a victim of prevailing corruption in the judiciary and he knows that the accused is going to be punished by the court for being honest. Is it guilty of contempt of court? DECISION:


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 intending to take dishonestly any movable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft.

FACTUAL SITUATION: A, in good faith, believing property belonging to B to be A’s own property, sells the property to C. Has A committed theft? DECISION:


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: 
1. Preparation to commit an offence is not an offence.
2. After one has finished preparation to commit an offence, any act done towards committing the offence with the intention to commit it, is an attempt to commit the offence which is by itself an offence.

FACTUAL SITUATION: Manish wanted to kill Nandini and had therefore gone to the market to buy explosives to plant in her house. Manish kept those explosives in his godown as he planned to plant them early next morning. But as the explosives were stolen in the night he could not plant them in Nandini's house. However, Nandini came to know about Manish's plan and therefore wants to file a complaint against him. Will she succeed?  DECISION:


Which of the following is correct for the purpose of criminal deception?


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 PRINCIPLES: Whoever dishonestly takes away any property from the possession of another, with an intention of such taking away, without his permission is liable for theft.

FACTUAL SITUATION: Raja, a famous gangster, moves into an apartment in Kankurgachi, Calcutta. There, he discovers that the previous owner of the apartment had left behind a pair of beautiful ivory-handled combs. Mesmerized by their beauty and confused as to whom he should be returning them to, he decides to retain them and starts using them. The previous owner of the combs gets to know this and registers an FIR for theft against Raja. Is Raja liable? DECISION:


Given below is the 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: Article 19(1) (g) of the Constitution of India guarantees to all citizens the right to practice any profession, or to carry on any trade, occupation and business but Article 19 (6) empowers the State to impose reasonable restrictions on this right in the interest of public.

FACTUAL SITUATION: Having experienced an acute shortage of labour for agricultural purposes due to the engagement of agricultural laborer in the manufacture of Bidis, the state government enacted a law to prohibit such engagement of agricultural labour in the manufacture of Bidis. Whether the law violates constitutional provisions?
DECISION:


Share
Notifications

Englishहिंदीमराठी


      Forgot password?
Use app×