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प्रश्न
Principle: One who asserts must prove.
Facts: A desires a Court to give judgment that B, C, and D shall be punished for a crime which A says B, C, and D have committed.
पर्याय
A must prove that B, C, and D were present at the place of crime
A must prove that B, C, and D have committed the crime
B, C, and D must prove that they have not committed the crime
Police must prove that B, C, and D have committed the crime
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उत्तर
A must prove that B, C, and D have committed the crime
Explanation:
A must prove that B, C, and D have committed the crime. This is based on the principle “one who asserts must prove”. In this case A desires (which is nearly the same as A asserts) a Court to give judgment that B, C, and D shall be punished for a crime they have committed.
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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
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.
Legal Principle: When there is an infringement of the legal right of a person, he gets a right to sue the wrongdoer for remedy irrespective of any actual loss caused.
Fact Situation: Saroj is prevented from voting at an election. The candidate she intended to vote for, wins the election.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
Aaron is the punter on his high school football team. Biff, one of the players on the opposing team, runs into Aaron as he is punting the ball. Aaron is injured. Biff’s team is penalized 15 yards for roughing the kicker. Which of the following most accurately states the likely outcome if Aaron sues Biff in the tort of battery?
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?
PRINCIPLE Whoever by words either spoken or intended to be read or by signs or by visible representations makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is to defame that person.
FACTS In a community, there is a custom of stealing shoes of the bridegroom during the marriage ceremony. The shoes of the bridegroom were stolen by 'Y'. 'A' announced that 'Z' has stolen the shoes. Everyone present in the marriage party started staring at 'Z' with great surprise. 'Z' felt very ashamed.
PRINCIPLE An owner of land has the right to use the land in any manner he or she desires. The owner of the land also owns the space above and the depths below it.
FACTS Ramesh owns an acre of land on the outskirts of Sullurpeta, Andhra Pradesh. The Government of India launches its satellites into space frequently from Sriharikota, near Sullurpeta. The Government of India does not deny that once the satellite launch has travelled the distance of almost 7000 kilometres it passes over Ramesh's property. Ramesh files a case claiming that the Government of India has violated his property rights by routing its satellite over his property, albeit 7000 kilometers directly above it.
Applying the principle to the case you would decide
PRINCIPLE Nuisance is the interference in the enjoyment of the property.
FACTS Pizzeria, a small cafeteria selling namesake used to run a wood-fired oven. The resulting smoke caused a lot of smoke in the neighbourhood and there were a number of complaints from the locals who had not witnessed such an oven. The food inspector taking cognizance of these reports asked the restaurant to shut down the oven. The owner who had earlier ran a similar establishment in Italy did not comply. Is Pizzeria committing a nuisance?
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: Necessity knows no law, and any person facing danger may do all that is necessary to avert the same till he can take recourse to public authorities
Factual situation: Akshay, a law-abiding citizen decided to remove the weed of corruption from Indian society. One day, confronted with a bribing official, Akshay decided to teach him a lesson and punched him on his face. Akshay DECISION:
