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Legal Principle: No Person Shall Be Deprived of His Life Or Personal Liberty Except According to the Procedure Established by Law and Civil Courts Have Coercive Powers to Compel the Attendance of - Legal Reasoning

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MCQ

Given below is the 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: No person shall be deprived of his life or personal liberty except according to the procedure established by law and Civil Courts have coercive powers to compel the attendance of witness only within its local territory.
FACTUAL SITUATION: Puchu, a resident of Faridabad was summoned by the Delhi High Court as a witness in a civil case regarding wrongful possession of immovable property filed by Amu against Kichu. He refused to appear before the court due to his office job. He was prosecuted by the court. ls, he liable?
DECISION:

Options

  • He is not liable because he is not a resident of Delhi.

  • He is not liable because he has a fundamental right under Article 21 of personal liberty.

  • He is liable because he is called as a witness in a civil trial and it is a procedure established by law.

  • He is not liable because he has no interest in the suit property.

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Solution

He is not liable because he is not a resident of Delhi.

Explanation:

He is not liable because he is not a resident of Delhi.  Puchu was a resident of Faridabad and refused to appear at the Delhi High Court. The Delhi High Court cannot use coercive powers to compel Puchu's attendance as a witness because Puchu being a Faridabad resident which is outside the local territory of the Delhi  High Court.   

Concept: Important Court Decisions (Entrance Exams)
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