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Principle: Everyone Shall Be Permitted to Take Advantage of His Own Wrong. Facts: A Legatee Was Heavily Drunk and Driving His Car at a Speed of 100 Km/Per Hour in a Crowded Market.

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Question

Principle: Everyone shall be permitted to take advantage of his own wrong.

Facts: A legatee was heavily drunk and driving his car at a speed of 100 Km/per hour in a crowded market. All of a sudden his testator came on the road. There were other people on the road at that time. The car driven by legatee hit the testator and four other persons. All five persons hit by the car died. 

Options

  • The legatee can take the benefit under the will 

  • The legatee cannot take the benefit under the will 

  • The legatee will be punished 

  • The property of the testator will go to his heirs 

MCQ
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Solution

The legatee can take the benefit under the will 

Explanation:

The legatee can take benefit under the will. The legatee had done wrong as a drunken driver by accidentally killing his testator. Therefore, based on the principle “everyone will be permitted to take advantage of his own wrong” the legatee will be permitted to take the benefit under the will.

shaalaa.com
Indian Penal Code (Entrance Exams)
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2018-2019 (May) Set 1

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