Advertisements
Advertisements
Question
Principle: Civil Suit can be filed where the defendant resides or carries on business or where the cause of action arises.
Facts: 'A‘ carries on business in Gurgaon, 'B‘ carries on Business in Mumbai. 'B‘ through his agent in Gurgaon purchases goods in Gurgaon and takes delivery through an agent in Gurgaon. Where Civil Suit for payment of price can be filed by 'A‘?
Options
Gurgaon only where the cause of action arises
At Mumbai where B carries on Business
At either of the places i.e. Mumbai or Gurgaon
Anywhere in India
Advertisements
Solution
At either of the places i.e. Mumbai or Gurgaon
Explanation:
A can file the civil suit for payment either at Mumbai or at Gurgaon. This is evident from the principle that civil suit can be filed where the defendant resides or carries on business. In this case, the defendant is B, who carries on business in Mumbai. The cause of action has arisen in Gurgaon. Therefore, the civil suit can be filed either at Mumbai or at Gurgaon.
APPEARS IN
RELATED QUESTIONS
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.
The principle is to be applied to the given facts and to choose the most appropriate option:
Principle: When a person falsifies something with the intent to deceive another person or entity is forgery and is a criminal act. Changing or adding the signature on a document, deleting it, using or possessing false writing is also considered forgery. In the case of writing to fall under the definition, the material included must have been fabricated or altered significantly in order to represent something it is actually not.
Facts: John was a publisher of ancient books and papers. In one of his books on the World Wars, he gave photograph of some letters written by famous historic personalities. A researcher in history noted that in the pictures of some of the letters printed in the book, John had added some words or sentences in his own handwriting to give completeness to the sentences, so that the readers will get a clear picture of the writer’s intention. The researcher challenges the originality of those pictures and claims that the book containing the forged letters should be banned. Examine the validity of the researcher’s demand.
The principle is to be applied to the given facts and to choose the most appropriate option:
Principle: Acceptance of a proposal must be absolute and unqualified.
Facts: ‘A’ made a proposal to sell his motorcycle to ‘B’ for rupees 25, 000/. ‘B’ agreed to buy it for rupees 24,000/. ‘A’ sold his motorcycle to ‘C’ for 26,000/ the next day. ‘B’ sues ‘A’ for damages.
Legal Principle: A product cannot be sold in shops to consumers after its date of expiry.
Fact Situation: Lata, while shopping, notices that the milk packets on the shelves are due for expiry on that day. She objects to this to the shopkeeper, saying that since she was there to buy milk for the next day, keeping the milk on its date of expiry was against the law.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
According to the Human Development Report 2006, India has acquired 126th place in HDI ranking which is. than that of last year.
Apply the legal principles to the facts given below and select the most appropriate answer.
Legal Principles:
- The Tort of Negligence is a legal wrong that is suffered by someone at the hands of another who fails to take proper care to avoid what a reasonable person would regard as a foreseeable risk.
- The test of liability requires that the harm must be a reasonably foreseeable result of the defendant's conduct, a relationship of proximity must exist and it must be fair, just and reasonable to impose liability.
- The claimant must prove that harm would not have occurred 'but for' the negligence of the defendant. The claimant must prove, on the balance of probabilities, that the defendant's breach of duty caused the harm.
Factual Situation: A 13-year-old boy fell from a tree. He went to a hospital where his hip was examined, but an incorrect diagnosis was made. After 5 days it was found that he was suffering from avascular necrosis. This was more advanced and serious than if it had been spotted straight away. Despite receiving treatment, it was determined that he had suffered from a muscular condition (avascular necrosis) which left the boy with a permanent disability and further left a strong probability that he would develop severe osteoarthritis later in life. The expert medical testimony indicated that had his fractured hip been identified on his initial hospital visit, there was a 25% chance of his condition having been successfully treated. He is claiming compensation for the negligence of the hospital. Whether the hospital's negligence on his initial visit had caused his injury?
Assertion (A): In the event of a violation of any legal right (tort) the aggrieved party is entitled to recover damages as determined by the court.
Reason (R): The object of awarding damages to the aggrieved party is to put him in the same position in which he would have been in the wrong would not have been committed. Damages are, therefore, assessed on that basis.
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: An employer is liable for the negligence of his employee. But an employer is not liable for the negligence of his employee, if the victim of such negligence is one of his other employees.
Facts: A and B were working in factory as unskilled labourers. A was carrying a basket of stones on his head. B was sitting on the ground. When A crossed B, all of a sudden a stone fell down from the basket and hit B on his head. B died immediately.
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: A private nuisance may consist of:
1. Any interference with a person’s use or enjoyment of land.
2. The act of wrongfully causing or allowing the escape of deleterious things into another person’s land e.g. water, smoke, smell etc.
Factual situation: D erected a brick grinding machine adjoining the premises of P, a medical practitioner. The dust from the machine polluted the atmosphere and caused inconvenience to P and his patients. Here 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.
Principle: An employer is responsible for any accident loss caused to his employees, during the course of employment.
Factual Situation: Ravi Menon runs the "African Circus'. The circus has a ' night show. Two motorcyclists Rohit and Mohit rotate their motorcycles inside a big iron globe in complete darkness. And the audience, especially the children give a big clap. One day, it so happens that during the one-night show, an accident occurs inside the globe. Rohit and Mohit collide with each other and Rohit loses both his legs. His parents claim compensation from Ravi Menon, the proprietor of the circus. DECISION:
