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प्रश्न
Principle: Nothing is an offence which is done by a child under twelve years of age, who has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct on that occasion.
Facts: Himesh, 11 years old boy, picks up a gold ring worth Rs 5000/- lying on a table in his friend's house and immediately sells it for Rs 2000/, and misappropriates the money.
पर्याय
Himesh would be protected under the principle stated above be cause he is below 12 years of age.
Himesh would not be protected under the principle stated above because his acts show that he was sufficiently mature to understand the nature and consequences of his conduct.
Himesh would be protected under the principle stated above because his acts show that he was not sufficiently mature to understand the nature and consequences of his conduct.
Himesh would not be protected under the principle stated above because, irrespective of the age, stealing is an offence.
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उत्तर
Himesh would be protected under the principle stated above because his acts show that he was not sufficiently mature to understand the nature and consequences of his conduct.
Explanation:
Under Section 83 of Indian Penal code defines nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion.
The reasonable conclusion is drawn Himesh would be protected under the principle stated above because his acts show that he was not sufficiently mature to understand the nature and consequences of his conduct.
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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.
Principle: Civil Suit can be filed where the defendant resides or carries on business or where the cause of action arises.
Facts: An agreement is signed and executed in New Delhi between A and B for the supply of goods wherein B is to supply goods to be delivered at New Dehli to a client of A. A carries on business at Haryana and B carries on Business in UP. The civil suit by 'B‘ for payment of consideration can be filed against 'A‘ at
Principle: Whoever causes death by rash or negligent act commits an offence.
Facts: X is having a house on the roadside which is also having a street on the back of the house. He has a lawn on the back of his house where he has built a toilet. To prevent the intruders from entering his house, he got the fence charged with a high voltage live electric wire. Z was passing through the street at the backyard of the house of X and sat down to take rest near the fence. While getting up, his hands came in contact with the fence which was connected to high voltage electric wire causing his death.
The principle is to be applied to the given facts and to choose the most appropriate option
Principle: Assault is causing bodily injury to another person by use of physical force.
Facts: Rustum while entering into compartment of a train raised his fist in anger towards a person Sheetal, just in front of him in the row, to get way to enter into the train first, but did not hit him. Rustum has:
Mark the best option:
Principle: A person, who provides his services to another, needs to be paid for the same. In case he is not paid, he needs to become compensated by the person who availed his services.
Facts: Jack went to the restaurant to have dinner. After having a good meal he realized he didn't have enough money to pay for the bill. He told the manager of the restaurant about the problem. The manager asked him to give his watch and his Parker pen in lieu of the money for the bill. Is Jack liable to give his watch and pen instead of the money?
Mark the best option:
Principles: An unlawful interference with a person's use or enjoyment of land, or some right over, or in connection with it, is a nuisance in law of tort.
Facts: During the scarcity of onions, long queues were made outside the defendant's shop who having a licence to sell fruits and vegetables used to sell only 1 kg of onion per ration card. The queues extended on to the highway and l also caused some obstruction to the neighboring shops. The neighboring shopkeepers filed a suit for nuisance against the defendant. which one of the following decisions will be correct in this suit?
Decide:
Mark the best option:
Principles:
- Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of anyone in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threats, commits criminal intimidation.
- A threat to injure the reputation of any deceased person in whom the person threatened is interesting, is covered within the above provision.
Facts: Monty is a tenant in the Sharmas' house, living on the top floor while the Sharmas occupy the ground floor. However, he is always irregular in paying the rent. The Sharmas' are tired of asking him to pay on time and his manners have deteriorated over time. What started as mere excuses snowballed into name-calling, until one day, Monty threatened to come with his friends and vandalize the Sharmas' house, if they complained or took action against him.
Will Monty be guilty of criminal intimidation?
Given below is the 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: ln the employer-employee relationship, the employer is held liable for all the wrongs committed by his employees in the course of employment.
FACTUAL SITUATION: David was employed as a Driver in ABC & Co over the past 15 years and has been appreciated by the General Manager for his hard work and sincerity. He has been rewarded by the company for his accident-free record. David's younger brother wanted to join the same company as a driver. He obtained a Learner's Licence, joined a Driving School and was learning driving during the last three months. He was on the verge of completion of the training and appear for the Driving test. He wanted to have more practice before the test and requested his brother David for using the Company's car for two days. David also allowed him to use the office car for the practice. While he was practicing driving, a truck came from the wrong side, hit the company's car driven by David's brother, which in turn hit a pedestrian and injured him. The pedestrian sues the company for damages.
DECISION:
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: During 2011, a European Directive was issued requiring nations of the European Community to establish standards on the presence of Perchloroethene (PCE) in water, which the Kingsland did in 2013. Alfa Water Co. purchased a borehole in 2007 to extract water to supply to the public in Kingsland. In 2014, it tested the water to ensure that it met minimum standards for human consumption and discovered that it was contaminated with an organochlorine solvent (PCE). On investigation, it emerged that the solvent seeped into the soil through the building floor of the Light & Soft Leather Tannery, about 3 miles from the borehole that eventually contaminated the Alfa's borehole. Since the tannery opened in 191 O, until 2007, the solvent it used had been delivered in 40-gallon drums which were transported by forklift truck and then tipped into a sump. Since 2007, solvents had been delivered in bulk and stored in tanks. It was then piped to the tanning machinery. There was no evidence of any spills from the tanks or pipes, and it was concluded that the water had been contaminated by frequent spills under the earlier system. Alfa Water brought a claim against the Tannery on the grounds of nuisance.
Whether the Tannery owners are liable?
The question contains some basic principles and fact situations in which these basic principles have to be applied. A list of probable decisions and reasons are given.
Principles:
1. A person is liable for negligence if he fails to take care of his neighbour's interest.
2. A neighbour is anyone whose interests should have been foreseeable by a reasonable man while carrying on his activities.
Facts:
A cricket match was going on in a closed-door stadium. A cricket fan who could not get into the stadium was watching the game by climbing up a nearby tree and sitting there. The cricket ball in the course of the game went out of the stadium and hit this person and injured him. He filed a suit against the organizers.
Possible Decisions
(a) The organizers are liable to compensate the injured person.
(b) The organizers are not liable to compensate the injured person'
(c) The injured person should have avoided the place where he might be hit by the cricket ball.
Possible Reasons
(i) The organizers are responsible for the people inside the stadium.
(ii) The organizers could not have foreseen somebody watching the game by climbing up a tree.
(iii) A person crazy about something must pay the price for that.
(iv) The organizers shall be liable to everybody likely to watch the game. Your decision with the reason.
