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प्रश्न
The principle is to be applied to the given facts and to choose the most appropriate option
Principle: The concept of natural justice is against bias and for the right to a fair hearing. While the term natural justice is often retained as a general concept, and it has largely been replaced and extended by the general ‘duty to act fairly’.
Facts: ‘X’, a male employee of a company was dismissed by the employer just on the basis of a complaint by ‘Y’, a female employee of the company that ‘X’ was trying to be too friendly with her and often requested her to accompany him to the canteen. Is the dismissal of ‘X’ valid?
पर्याय
No, because the employer did not give a chance to ‘X’ to explain his side, thereby violated the principles of natural justice
Yes, moral law is antique and therefore, not applicable in modern times, therefore the termination is valid and no violations of the principles of natural justice occurred.
Yes, because men are not supposed to behave improperly with women and hence there is no violation of any principles of law
No, because in modern times this type of behaviour is common
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उत्तर
No, because the employer did not give a chance to ‘X’ to explain his side, thereby violated the principles of natural justice
Explanation:
No, because the employer did not give a chance to 'X' to explain his side, thereby violated the principles of natural justice.
Natural justice mandates that X should have been given a fair chance to explain his side before a decision was taken and was dismissed by his employer. There was no 'duty to act fairly' and the principle of natural justice has been violated.
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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: 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.
Principle: Where a person lawfully does anything for another person, or delivers anything to him, not intending to do so or to provide gratuitously, and such other person takes the benefit of that; the latter is bound to compensate the former for something is done or thing provided, or to restore, the thing so delivered.
Facts: Trader 'A' delivers certain eatables at B's house by mistake. 'B' consumed the eatables without asking anything. Which of the following derivations is correct?
Principle: Copyright law protects only work. 'Work' means cinematographic film but does not include performance by an actor in a cinematographic film.
Facts: Alia Bhatt acted in a movie.
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.
Mark the best option:
Facts: Manish finds a gold watch lying on the road next to his house. He puts the watch in his pocket and returns home. Has Manish committed theft?
Principle: Whoever, intending to take dishonestly any moveable property out of the possession of any person without that person's consent moves that property in order to take it, is said to commit theft.
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?
Apply the legal principles to the facts given below and select the most appropriate answer.
Legal Principle:
- A person is liable for his negligence when he owed a duty of care to others and commits a breach of that duty·causing injury thereby.
- Valenti non-fit injuria is a defence to negligence.
Factual Situation: Anil and his wife, Reena, were in a shop as customers, where a skylight in the roof of the shop was broken, owing to the negligence of the contractors engaged in repairing the roof, and a portion of the glass fell and struck Anil causing him a severe shock. Reena, who was standing close to him, was not touched by the falling glass, but, reasonably believing her husband to be in danger, she instinctively clutched his arm, and tried to pull him from the spot. In doing this, she strained her-leg in such a way as to bring about a recurrence of thrombosis. Anil and Reena are claiming compensation for their injuries which were caused due to the negligence of the shop owners. The shop owners are denying liability on the grounds of Valenti non-fit injuria. The defense of Valenti non-fit injuria.
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.
Apply the legal principles to the facts given below and select the most appropriate answer:
Legal Principles:
1. Vicarious liability is when employers are held liable for the torts of their employees that are committed during the course of employment.
2. A servant is a person subject to the command of his master as to the manner in which he shall do his work. The question of whether a person is an employee depends upon the degree of control which the ‘employer’ exercises over the worker.
Facts:
Raja is a travel agent and possessed certain houses, which had an internal communication throughout, and which were used for the purposes of his business. Ramesh looked after the houses and lived in them for this purpose, but he was also a clerk in the Raja’s pay at a set annual salary. He lived in the houses with his wife, a child, and a servant. The case concerned the payment of inhabited house duty. There was a statutory exemption for premises which were occupied by a "servant”or person occupying the premises “for the protection thereof. Raja was claiming the exemption from tax liability by claiming that Ramesh was the servant. Decide whether Ramesh was a servant or an independent contractor?
