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प्रश्न
Principle: Nothing is an offence, which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.
Facts: 'A' takes up a gun, not knowing whether it is loaded or not, points it playfully at 'B' and pulls the trigger. Consequently, 'B' falls dead.
पर्याय
B's death is accidental, as 'A' did not have the knowledge that th e gun is loaded.
B's death is accidental, as 'A' had no intention to kill 'B'.
B's death is accidental, as 'A' was just pointing the gun playfully at 'B'
B's death is not accidental, as there was want of proper care and caution on the part of 'A'.
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उत्तर
B's death is not accidental, as there was a want of proper care and caution on the part of 'A'.
Explanation:
B's death is not accidental, as here was want of proper care and caution on the part of A. In Bhupender Singh A Chudasama vs State of Gujrat AIR 1997 SC3790, The Hon'ble Supreme Court observed on the falls of a case before it. The primordial requirement of the exception that we get is that it should have been done "with proper Care and Caution".
The reasonable conclusion drawn is that the B's death is not accidental, as there was a lack of proper care and caution on the part of A. So, "B’s death is not accidental, as there was want of proper care and caution on the part of ‘A’" is correct.
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संबंधित प्रश्न
The question consists of legal propositions/principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true. In other words, in answering the following question, you must not rely on any principles except the principle that is given hereinbelow for the question. Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest in the study of law, research aptitude, and problem-solving ability.
Principle: A person is said to be of sound mind for the purpose of making a contract if, at the time, when he makes it, he is capable of understanding it and of forming a rational judgment as to its effect upon his interest.
Facts: X, who is usually of sound mind but occasionally of unsound mind enters into a contract with Y when he (X) is of unsound mind. Y came to know about this fact afterward and now wants to file a suit against X.
The question consists of two statements, one labelled as Assertion (A) and other as Reason (R).
You are to examine the two statements carefully and select the best option.
Assertion: Custom per se is law, independent of prior recognition by the sovereign or the judge.
Reason: Custom is source of Jaw but by itself is not law.
Read the definition and elements of the attempt, apply them on the given fact situations and answer the question:
Definition of Attempt: Lord Blackburn has said that "there is no doubt that there is difference between a preparation antecedent to an attempt and the actual attempt, but if the actual transaction has commenced which would have ended in the crime if not interrupted, there is clearly an attempt to commit the crime."
1. Fault element· Intention or knowledge requisite for committing an offense: and
2. Conduct Element: does any act towards its commission and has crossed the stage of preparation. This act is so closely connected with and proximate to the commission that it falls in object because of facts not known to him or because of circumstances beyond his control.
'RANI' ran to a well stating that she would jump into it. and she started running towards the well but she was caught before she could reach it.
This question consists of principles and facts. The principal may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this Section. In other words, in answering the question, you must not rely on any principle except the principle that is given hereinbelow for the question.
Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest in the study of law, research aptitude, and problem-solving ability.
Therefore, to answer a question, the principle is to be applied to the given facts and to choose the most appropriate option.
Principle: Under the Employees Compensation Act, 1923, an employer is liable to pay compensation to his workmen for injuries sustained by them by an accident arising out of and in the course of employment.
Facts: M, the Manager of SRK Industries asked his secretary S to submit a report at the Government Labour Office. ‘S’ submitted the report as directed. On his way back S met one of his classmates. He then decided to have a cup of tea together at a wayside restaurant. Sometime later, ‘S’ got a message from his office to report back as it was a long time since he left the office. ‘S’ rushed back on his Motor Cycle. On his way back a Truck that was coming from a side road hit ‘S’. H e was admitted to a nearby hospital with multiple injuries. He claims compensation under the Employees Compensation Act from his employer.
Legal phrase is followed by four meanings. Choose the most appropriate option:
Turpis arbiter’ means:
Legal phrase is followed by four meanings. Choose the most appropriate option:
Malus animus
Mark the best option:
An eye for an eye and a tooth for a tooth" relates to ___________ theory.
The right to information under the Right to Information Act, 2005 is a:
In the case of industrial or other establishments, person responsibility of __________ shall be liable for the payment of the wage to employees employed by him.
Responsibility for Payment of wages is covered under section ____ of Payment of Wages Act
