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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.
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संबंधित प्रश्न
Principle: Inducing any animal to move or to change its motion and thereby intentionally causing fear of injury or annoyance to others by such act, is an offence of use of criminal force.
Facts: X incites his dog to chase and run after his neighbour Y, to teach Y to stay away from him. The act is done without neighbour‘ consent and against his will
Principle: Killing is not murder if the offender, whilst deprived of the power of selfcontrol by intense and sudden provocation, causes the death of the person who gave the provocation.
Facts: 'A', a man found his girlfriend sleeping, in her own bedroom, with another man named 'B'. 'A' did not do anything but went to his home, picked a gun and cartridges, returned to the girl friend's bedroom with a loaded gun but found the place empty. After fifteen days he saw his girlfriend dining in a restaurant. Without waiting for even a second, 'A' fired five bullets at his girlfriend who died on the spot.
Principle: Law does not penalise for wrongs which are of trivial nature.
Facts: In the course of a discussion, 'A' threw a file of papers at the table which touched the hands of 'B'.
If a person is enjoying the benefits of a lawful no gratuitous act of another, then he/she:
Mark the best option:
Principle: An occupier is not normally liable to a trespasser except in respect of willful act intended to cause harm or done with reckless disregard.
Facts: Jaspal, a richman of the locality had kept a ferocious dog to guard his house. He strictly instructed all his servants not to go near that dog and there was a special attender who was to take care of the dog. There was a prominent board warning the visitors about the ferocious dog. One day, a twelve-year-old boy playing in the neighborhood, running after his ball got into the house. The dog attacked him and killed him. Jaspal was sued for damages.
Andrew throws a baseball towards Barry, with whom he is playing pitch and catch. Andrew’s aim is bad and the ball hits Cassandra, who is walking nearby.
Which of the following is an example of trespass?
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.
If the pattadars were compulsorily required to work in the factory for a minimum number of hours every day, then the Company would have been liable to pay compensation to Aashish Mathew if the latter:
Principle: One has to compensate another for the injury caused due to his wrongful act. The liability to compensate is reduced to the extent the latter has contributed to the injury through his own negligence, This is the underlying principle of contributory negligence.
Facts: Veerappa owns a farm at a distance of half a furlong from the railway track. He stored in his land the stacks of dried up straw after the cultivation as is normal in farming. One day when the train was passing through the track, the driver was negligently operating the locomotive by allowing it to emit large quantities of spark. The high wind, normal in open fields, carried the sparks to the stacks stored by Veerappa and the stacks caught fire thereby causing extensive damage. Veerappa filed a suit against the Railways claiming damages. The Railways while acknowledging liability alleged contributory negligence on the part of Veerappa.
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. An act done by the consent of a person above 18 years is not an offense; provide the offender did not intend to cause death or grievous hurt.
2. Mere pecuniary benefit is not a thing done for a person's benefit'.
FACTUAL SITUATION: A is in a house which is on fire, with Z, a child. People below hold out a blanket. A drops the child from the housetop, knowing it to be likely that the fall may kill the child but intending to save him from the fire. Unfortunately, the child is killed is guilty? DECISION:
