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
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.
APPEARS IN
संबंधित प्रश्न
Actus rtus means
PRINCIPLE The right of private defence entitles one to do harm to a proportional extent provided it is done in good faith, it is proportional and is inflicted only to the extent is necessary to stop a person from committing harm against oneself.
FACTS A doctor with the intention of saving a terminal patient's life decides to administer an experimental drug to the patient without informing the patient or taking consent from the patient's relatives leading to the patient's death.
FACTS 'A' was known to have violent tendencies to got drunk and was forced to get such by 'B'. When 'A' got drunk and tried to attack 'B', 'B' injured 'A' in using as much force as was proportional and only to the extent necessary to stop 'A' from injuring 'B'.
Which of the following is not a principle of natural justice?
Assertion (A) X, because of unsound state of mind and not knowing the nature of the act, attacks Y, who in self-defense and in order to ward off the attack hits him thereby injuring him .Y has not committed an offence.
Reason (R) Y had a right of private defense against X under the Indian Penal Code.
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.
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: No communication made in good faith is an offense by reason of any harm to the person to whom it is made if it is made for the benefit of that person.
Facts: 'A', a surgeon, in good faith, communicates to a patient his opinion that he cannot live. The patient dies in consequence of the shock.
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: Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with, the knowledge that he is likely by such act to cause death, commits the offense of culpable homicide.
Facts: 'A' knows 'Z' to be behind a bush. 'B' does not know it. 'A', intending to cause, or knowing it to be likely to cause Z's death, induces 'B' to fire at the bush. 'B' fires and kills 'Z'.
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:
Apply the legal principles to the facts given below and select the most appropriate answer.
Legal Principles:
1. An attempt is an act committed in part execution of a criminal design or intent, more than mere preparation, but falling short of actual commission.
2. Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do/omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat”,
3. Preparation is the second stage in the commission of a crime. It means to arrange the necessary measures for the commission of the intended criminal act.
4. Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that his act is likely to cause death, commits the offense of murder.
5. Whoever causes the death of any person by doing any rash or negligent act shall be guilty of negligence.
Facts: X tries to pickpocket Z. Z has a loaded pistol in.his pocket. X’s hand touches the pistol and triggers it, resulting in the death of Z. Which of the following offense is committed by X?
