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प्रश्न
Principle: Foreign judgment binds the parties and is conclusive unless it is obtained by fraud.
Facts: A obtains a judgment from the US court by producing fake documents.
पर्याय
New Suit can be filed in India on the same facts
Judgment can be enforced in US
Judgment can be enforced in India
A new suit can not be filed in India on the same facts
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उत्तर
New Suit can be filed in India on the same facts
Explanation:
The principle and the fact are clear. The principal says the foreign judgment binds the parties unless they have been obtained by fraud. The fact is that A has received foreign judgment, but fraudulently. Therefore, it is not binding on the parties. So, a new suit can be filed.
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संबंधित प्रश्न
Principle: Doing of an act which causes common injury, danger or annoyance to the public or which is likely to cause such injury or annoyance is Public nuisance. A common nuisance is not excused because it causes some nuisance or advantage.
Facts: 'A‘ a farmer having large farmlands burns crop residue (stubble) on his fields after harvesting the crop to make the field ready for next crop as this is the easy, fast and convenient method of making the field ready for next crop. His farmlands are adjoining a densely inhabited residential area and people pass through the smoke while traveling on the road adjoining his farmlands. The smoke caused by fire also enters the houses in the colony.
Mark the best option:
Facts: Babu, the driver of the bus, parked the bus at the karamangala bus station and went to the nearby bakery shop for some cutlets and samosas. Ranjit, the cleaner of the bus, on his own initiative took charge of the bus and drove it through the neighboring by-lanes. While reversing the bus he ran over a man who was trying to cross the road. The man was seriously injured and had to be hospitalized. The man sued the bus company for damages. Decide
Principle: A master is vicariously liable for the negligent acts of his servant acting in the course of his employment.
Directions: Read the statement and on the basis of that, choose the most appropriate course of action(s) given below the statement.
Statement: Official data show more people died on Indian roads in 2016 than in 2015; UP and Tamil Nadu accounted for the largest numbers of fatalities.
Courses of Action:
I. The government should make a policy regulating the manufacturing of automobiles for private use.
II. The government should take steps to create awareness among the public about road safety.
III. Accidents can be avoided if the Government takes steps to make good roads.
IV. To eliminate accidents completely the Government should impose stringent punishments for traffic violations.
According to the Human Development Report 2006, India has acquired 126th place in HDI ranking which is. than that of last year.
Which of the following is an example of trespass?
Apply the legal principles to the facts given below and select the most appropriate answer.
Legal Principles:
- Private nuisance is a continuous, unlawful and indirect interference with the use or enjoyment of land, or of some right over or in connection with it.
- The person who for his own purposes brings on his lands and collects and keeps there anything likely to do mischief if it escapes must keep it at his peril, and, if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
- A person is liable if he can reasonably foresee that his acts would likely to injure his neighbour.
- The foreseeability of the type of damage is a pre-requisite of liability in actions of nuisance.
Factual Situation: M G Ltd. was constructing Crystal Heights, a posh state-of-the-art tower for commercial and residential purposes, in Gurugram. During construction, hundreds of claimants alleged that, in addition to dust and noise caused by the erection of the building, their television signals had been interrupted by the tower. The claimants, some of whom were absolute owners, and many others who were renting, sued in both negligences and in nuisance for the harm done to their amenity by the loss of their television signals. Whether the respondent's action in causing the appellant's television signals to be interrupted with the construction of their tower could constitute a private nuisance?
PRINCIPLE A master is liable for the acts of his servant, a principal is liable for the acts of the agent, but a hirer of services is not liable for the acts of the independent contractor.
FACTS While implementing the request of Mr. Sampat, the confectioner at Ghantewali and Co. made the oil extra hot to make him a batch of extra crispy banana fritters, the oil sizzled on impact and burnt Dadabhoy who was standing nearby. He wants to know as to whom he should sue
Principle: Trespass to land is the wrongful and unwarranted entry upon the land of another. A purchased a ticket to watch a movie in a theatre. After the show got over, A refused to leave the theatre. The owner of the theatre sues A for trespass
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: A private nuisance may consist of:
1. Any interference with a person’s use or enjoyment of land.
2. The act of wrongfully causing or allowing the escape of deleterious things into another person’s land e.g. water, smoke, smell etc.
Factual situation: D erected a brick grinding machine adjoining the premises of P, a medical practitioner. The dust from the machine polluted the atmosphere and caused inconvenience to P and his patients. Here 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.
Principle: A person has no legal remedy for an injury caused by an act to which he has consented.
Facts: 'R', a cricket enthusiast, purchases a ticket to watch a T20 match organized by the Indian Premier League (IPL). During the match, a ball struck for six hits 'R' on his body and injures him. He sues IPL for compensation for the medical expenses.
Which of the following derivation is correct?
