मराठी

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.

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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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Law of Torts (Entrance Exams)
  या प्रश्नात किंवा उत्तरात काही त्रुटी आहे का?
2018-2019 (May) Set 1

संबंधित प्रश्‍न

Principle: Whoever takes away any moveable thing from the land of any person without that person‘s consent is said to commit theft.  

Facts:  During his visit to the home of C, A asks B, the son of C, to accompany A to a forest. Neither A nor B informs C in this regard. B accompanies A to the forest.   


The principle is to be applied to the given facts and to choose the most appropriate option:

Principle: When a person interferes with peaceful possession of another person without the permission of the person in possession of those premises, commits trespass to land.

Facts: 'T' just walked over the land of 'P' to reach his house as it was a short cut. 'P' had displayed a notice that it is not a thoroughfare. 'P' did not cause any damage to the land.


Which of the following could not constitute battery if done with the requisite intent?


Every murder is a culpable homicide but every culpable homicide is not murder. This statement


The tort of intentional infliction of emotional distress is a more recent development than the traditional torts of trespass to the person. To which of those torts is it most closely related?


Why is defamation a tort?


PRINCIPLE Assault is the use of words or gestures inducing a threat of force or danger to the person.

FACTS X and Y being friends were comparing stalwarts of their favourite football teams. X egged Y to go on and without realising it converted into a verbal sling fest and reduced to angry expletives. X and Y decided to file suits of verbal assault against each other.


LEGAL PRINCIPLE A person, who lawfully brings on something but which though harmless, but mischief if it escapes, must keep it at his and if he does not, he is answerable for all the damage.

FACTUAL SITUATION 'A' was the owner of a mill. In order to supply it with water, he constructed a reservoir upon nearby land by employing engineers and contractors. 'B' was the owner of coal mines, under lands, close to but not adjoining the premises on which the reservoir was constructed. The contractors, while excavating for the bed of the reservoir, came upon abandoned shafts and filled them with soil not suspecting that they were abandoned mine shafts. The reservoir was completed and partly filled. Within days the bed of the reservoir gave way and burst, leading to the flow of water through the channels connected with B's mine. Is 'A' liable to pay damages for loss caused to 'B'?


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:

Defamation means publication of a false and derogatory statement about another person without lawful justification.

Factual situation: A writes a defamatory letter to B containing defamatory remarks in reference of B in Urdu language. A is aware that B does not know Urdu. B goes C who knows Urdu and the letter is read over by C to him. B sues A for defamation. 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. No-fault liability means the liability of a person even without any negligent act on his part and even if he has taken due care and caution. 
2. If a person brings and keeps any dangerous thing on his land, then he is liable for any damage caused if the thing escapes. 
3. No one can be penalized for an Act of God which is unforeseeable and unpredictable. 

Factual Situation: B Owned and managed a company supplying electricity to the nearby locality. On a particular windy and stormy day, one of the wires snapped and was hanging down A, a cyclist who was driving in the night,  saw the wire from a distance. There was a nearby street light with low visibility. He came in contact with the wire and was electrocuted immediately. His heirs sued A on the ground of strict liability. Decide. DECISION:  


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