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प्रश्न
Who is an Ombudsman?
पर्याय
A judicial officer designated to receive complaints against the violation of the rights of citizens.
An official who is charged with representing the interests of the public by investigating and addressing complaints of maladministration or a violation of rights.
An elected representative of the people to investigate and address the complaints of maladministration or a violation of rights.
A specially designated police officer assigned with the power to investigate and address the complaints of maladministration or a violation of rights.
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उत्तर
An official who is charged with representing the interests of the public by investigating and addressing complaints of maladministration or a violation of rights.
Explanation:
Ombudsman is a person who investigates complaints made about his or her employer. A person who works for the government and who investigates citizen complaints made about the government is an example of an ombudsman. Hence option 'An official who is charged with representing the interests of the public by investigating and addressing complaints of maladministration or a violation of rights'. is the most appropriate statement.
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संबंधित प्रश्न
Mark the best option:
In a lawsuit, an action in personam is directed towards –
Legal Principle: It is an offense to obstruct a public servant in the due discharge of his duty. The right of private defense is available to protect one’s person and property.
Fact Situation: Sidhu comes to the rescue of his uncle who is sought to be taken into a car by some men. In the process, he causes injury to some of them. Later, it turns out that the men were police persons in plain clothes trying to enforce a warrant against his uncle.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
India became a member of the United Nations in the Year
What kind of contact must the plaintiff prove as an element of the tort of battery?
Which of the following could not constitute battery if done with the requisite intent?
Apply the legal principles to the facts given below and select the most appropriate answer.
Legal Principle:
- 'Misrepresentation' means and includes -the positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true; any breach of duty which, without an intent to deceive, gains an advantage of the person committing it, or anyone claiming under him, by misleading another to his prejudice, or to the prejudice of any one claiming under him; causing, however innocently, a party to an agreement, to make a mistake as to the substance of the thing which is the subject of the agreement.
- The tort of negligent misstatement is defined as an inaccurate statement made honestly but carelessly usually in the form of advice given by a party with special skill/knowledge to a party that doesn't possess this skill or knowledge.
Factual Situation: The plaintiff, Mr. Madan, entered into a tenancy agreement with the defendant, Esso Petroleum, in respect of a petrol station owned by the latter. During the course of the negotiation of the agreement, 'expert' advisers employed by the defendant had provided an estimate of the sales which the petrol station could expect which was based on inaccurate information and consequently was significantly inflated. The value of the rent on the agreement had been calculated based on this inflated figure. As a result, it was impossible for the plaintiff to operate the petrol station profitably. Whether the plaintiff could have any action for negligent misrepresentation?
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 master shall be liable for the fraudulent acts of his servants committed in the course of employment.
2. Whether an act is committed in the course of employment has to be judged in the context of the case.
3. Both master and third parties must exercise reasonable care in this regard.
Facts:
Rama Bhai was an uneducated widow and she opened a'S.B. account with Syndicate Bank with the help of her nephew by name Keshav who was at that time working as a clerk in the Bank. 'Keshav used to deposit the money of Rama Bhai from time to time' and get the entries done in the passbook. After a year or so, Keshav was dismissed from the service by the Bank. Being unaware of this fact, Rama Bhai continued to hand over her savings to him and Keshav misappropriated them. Rama Bhai realized this only when Keshav disappeared from, the scene one day and she sought compensation from the Bank.
Possible Decisions
(a) Syndicate Bank shall be liable to compensate Rama Bhai.
(b) Syndicate Bank shall not be liable to compensate Rama Bhai.
(c) Rama Bhai cannot blame others for her negligence.
Possible Reasons
(i) Keshav was not an employee of the Bank when the fraud" was committed.
(ii) The Bank was not aware of the special arrangement between Rama Bhai and Keshay.
(iii) It is the Bank's duty to take care of vulnerable customers.
(iv) Rama Bhai should have checked about Keshav in her own interest. Your decision with the reason
Principle: A Master is liable for the acts of his Servant as long as he can control the working of his servant.
A owned a taxi agency. She had hired B to drive one of her cars. On January 1, 2010, C called up A's taxi agency and asked for a car to drop him from his house to his place of work. On the way, because of the driver's negligence, the car hit a road divider and C was injured. He sued A for damages.
Rules:
A. A person is an employee of another if the mode and the manner in which he or she carries out his work is subject to control and supervision of the latter.
B. An employer is required to provide compensation to his or her employees for any injury caused by an accident arising in the course of employment. The words ‘in the course of the employment’ mean in the course of the work which the employee is contracted to do and which is incidental to it.
Facts:
Messers. Zafar Abidi and Co. (Company) manufactures bidis with the help of persons known as ‘pattadrs’. The pattadars are supplied tobacco and leaves by the Company and are required to roll them into bidis and bring the bidis back to the Company. The pattadars are free to roll the bidis either in the factory or anywhere else they prefer. They are not bound to attend the factory for any fixed number of bidis. The Company verifies whether the bidis adhere to the specified instructions or not pays the pattadars on the basis of the number of bids that are found to be of right quality. Aashish Mathew is one of the pattadars of the Company. He was hit by a car just outside the precinct of the factory while he was heading to have lunch in a nearby food-stall. Aashish Mathew has applied for compensation from the Company.
In case the pattadars were compulsorily required to work in the factory for a minimum number of hours every day, then it would be correct to state that:
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:
1. No-fault liability means the liability of a person even without any negligent act on his part and even if he has taken due care and caution.
2. If a person brings and keeps any dangerous thing on his land, then he is liable for any damage caused if the thing escapes.
3. No one can be penalized for an Act of God which is unforeseeable and unpredictable.
Factual Situation: B Owned and managed a company supplying electricity to the nearby locality. On a particular windy and stormy day, one of the wires snapped and was hanging down A, a cyclist who was driving in the night, saw the wire from a distance. There was a nearby street light with low visibility. He came in contact with the wire and was electrocuted immediately. His heirs sued A on the ground of strict liability. Decide. DECISION:
