Advertisements
Advertisements
प्रश्न
Principle: One who dishonestly misappropriates or converts to his own use or sells any movable property belonging to another, is guilty of the offence of misappropriation.
Facts: 'A' takes property belonging to 'Z' out of Z's possession, in good faith, believing when he takes it, that the property belongs to himself. Subsequently, 'A', on discovering his mistake, without disclosing the actual facts, dishonestly sells the property to a stranger.
पर्याय
'A' is not guilty because when he took the property, he believed in good faith that it belonged to him.
'A' is guilty of an offence of misappropriation.
'A' may be guilty of theft but not for misappropriation.
'A' is not guilty as the property can be recovered from the stranger.
Advertisements
उत्तर
'A' is guilty of an offence of misappropriation.
Explanation:
According to the section 403 of Indian Penal Code defines Dishonest misappropriation of property whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
1. A dishonest misappropriation for a time only is a misappropriation within the meaning of this section.
2. A person who finds property not in the possession of any other person, and takes such property for the purpose of protecting it for, or of restoring it to, the owner, does not take or misappropriate it dishonestly, and is not guilty of an offence; but he is guilty of the offence above defined, if he appropriates it to his own use, when he knows or has the means of discovering the owner, or before he has used reasonable means to discover and give notice to the owner and has kept the property a reasonable time to enable the owner to claim it.
What are reasonable means or what is a reasonable time in such a case, is a question of fact.
It is not necessary that the finder should know who is the owner of the property, or that any particular person is the owner of it; it is sufficient if, at the time of appropriating it, he does not believe it to be his own property, or in good faith belief that the real owner cannot be found.
The reasonable conclusion is drawn A is guilty of misappropriation is the correct.
APPEARS IN
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: 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.
Every murder is a culpable homicide but every culpable homicide is not murder. This statement
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:
The following is not a tort described as ‘trespass to the person...
Unliquidated damages mean
In a civil suit, the person who files suit and the person against whom the suit is filed are called
Principle: The standard to determine whether a person has been guilty of negligence is the standard of care which, in the given circumstances, a reasonable man could have foreseen.
Facts: The Agricultural University constructed 200 houses for its employees in its premises. Two huge bore wells were sunk and motors were installed. They did not cover the pump rooms properly. A child, 6 years old, from one of the quarters, was playing near the pumphouse. On hearing the noise of the pump, she was curious to see the motor. She touched the motor that was not covered properly and three of her fingers were cut.
X went to Y’s house and forgot his bag which contained 1 kg sweets. Y’s children consumed the sweets. Decide the liability of Y.
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: Whoever, unlawfully or negligently does any act which is, and which he knows or has reason to believe to he, likely to spread the infection of any disease dangerous to life, shall be guilty of a negligent act likely to spread infection of disease dangerous to life.
Facts: 'K', a person, knowing that he is suffering from Cholera, travels by a train without informing the railway officers of his condition.
