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प्रश्न
Legal Principle: ‘ Audi alteram partem’ is a Latin phrase which means ‘hear the other side’. It is the principle that no person should be judged without a fair hearing.
Fact Situation: Sanjay, in Delhi, is accused of theft and brought before the Court. The magistrate discovers that Sanjay is mute.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
पर्याय
The principle is not applicable to Sanjay since he is mute.
The principle is applicable to Sanjay even though he cannot speak since he can be asked to write down his defence.
The Magistrate has to take all measures to understand what Sanjay has to convey about the accusation against him.
Since it is a Latin principle it is not applicable in India.
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उत्तर
The Magistrate has to take all measures to understand what Sanjay has to convey about the accusation against him.
APPEARS IN
संबंधित प्रश्न
Principle: One who dishonestly misappropriates or converts to his own use or sells any movable property belonging to another, is guilty of the offence of misappropriation.
Facts: 'A' takes property belonging to 'Z' out of Z's possession, in good faith, believing when he takes it, that the property belongs to himself. Subsequently, 'A', on discovering his mistake, without disclosing the actual facts, dishonestly sells the property to a stranger.
Legal Principle: An employer is liable for the act of his servant performed during the course of employment.
Fact Situation: While working as a driver for Verma, Alok sometimes used to earn some side income by carrying parcels for others in Verma’s car without his knowledge or permission. While going to pick Verma from the airport one day, Alok stopped to deliver a parcel he was carrying with him. While he was delivering the parcel, which unknown to him was one of contraband goods, the police arrested Alok.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
Legal Principle: The law states that a food business operator must be registered with or licensed by the Food Safety and Standards Authority of India (FSSAI) to run a food business.
Fact Situation: Kavita’s neighbours suffer food poisoning after consuming sweets gifted by her on the occasion of a celebration at her home. Kavita does not have a registration or license from the FSSAI.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
Volenti nonfit injuria’ refers to:
Mark the best option:
Principles: Whoever takes away anything from the land of any person without the person's consent is said to commit theft. A thing so long as it is attached to the earth is not subject to theft, but it becomes capable of being the subject of theft soon as itis severed from the earth.
Facts: Y cuts down a tree standing on the land of X with the intention of dishonestly taking the tree out of X's possession without the consent of X. But Y is yet to take away the tree out of X's possession.
Decide
The following is not a tort described as ‘trespass to the person...
Rules:
A. A person is an employee of another if the mode and the manner in which he or she carries out his work is subject to control and supervision of the latter.
B. An employer is required to provide compensation to his or her employees for any injury caused by an accident arising in the course of employment. The words ‘in the course of the employment’ mean in the course of the work which the employee is contracted to do and which is incidental to it.
Facts:
Messers. Zafar Abidi and Co. (Company) manufactures bidis with the help of persons known as ‘pattadrs’. The pattadars are supplied tobacco and leaves by the Company and are required to roll them into bidis and bring the bidis back to the Company. The pattadars are free to roll the bidis either in the factory or anywhere else they prefer. They are not bound to attend the factory for any fixed number of bidis. The Company verifies whether the bidis adhere to the specified instructions or not pays the pattadars on the basis of the number of bids that are found to be of right quality. Aashish Mathew is one of the pattadars of the Company. He was hit by a car just outside the precinct of the factory while he was heading to have lunch in a nearby food-stall. Aashish Mathew has applied for compensation from the Company.
Which of the following statements can most plausibly be inferred from the application of the rules to the give facts:
Principle: Nobody shall make use of his property in such a way as to cause damage to others. Any such use constitutes a private nuisance, a wrongful act under Law of Torts.
Facts: Vasan was owing to a house, adjacent to a cluster of houses, owned by Varadan. Varadan was leasing out these houses whereas Vasan was living in his house. When Vasan was transferred to another place, he leased out his house to a person suffering from AIDS. Fearing the spread of AIDS, the tenants moved out of Varadan's houses. Varadan requested Vasan to evict AIDS patient and he offered to fix a suitable tenant for Vasan's house if the AIDS patient is evicted. But Vasan refused by arguing that AIDS would not spread as feared by Varadan's tenants. Varadan filed a suit against Vasan.
LEGAL PRINCIPLE:
1. Medical professionals are not immune from liability in tort on the ground of negligence.
2. Services rendered to a patient by a doctor (except when given free of charge) by way of consultation, diagnosis and treatment fall in the definition of "service" under the Consumer Protection Act, in case of negligence, the doctors are liable in tort as well as under the Consumer Protection Act.
FACTUAL SITUATION: A was the only child of his parents. Once he had a high fever and his parents called a doctor at home. This doctor used to work at a respectable hospital in Delhi. The doctor administered certain medicines and asked the nurse to stay with him for the night and administer to him a chloroquine injection. This injection was generally not suitable for young children. The nurse, without a prior test, followed instructions of the doctor and gave the injection. As a result of an allergic reaction, the child died. The parents sued the nurse and the doctor. DECISION:
Define vicarious liability.
