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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
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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.
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Direction : The passage given below is followed by a set of question. Choose the most appropriate answer to each question.
Juvenile delinquency is defined as "the habitual committing of criminal acts or offenses by a young person, especially one below the age at which ordinary criminal prosecution is possible." These acts are committed mostly by teenagers, cumulative in today's civilization, which is a very concerning matter and cannot be snubbed. The more concerning matter is that generations of youth are believed to be the future of the world. Their behavior shows how tomorrow's future will be.
Juvenile delinquency has become a major problem, and only by addressing the basics can it be tackled. Attention towards co-curricular activities should be given to mold the child in the right and engaging way. The more he is forced to obey rules at school, diktats at home, mores of the society, the more he will escape to criminal acts in order to vent out his frustration. Forcing him will only make him hate it all. Hence, the approach should be to make exercises of discipline, etiquette, and moral sense interesting. This is where cocurricular activities come into play.
Juvenile offenders have the same set of constitutional guarantees as an adult, such as a fair trial. But very often, adult offenders are able to secure bail faster than a juvenile offender. Merely because the juvenile is not punished, it can in no way take away his/her constitutional guarantees of liberty. The only difference is that, unlike adult offenders, the state must protect, and ultimately rehabilitate, juvenile offenders. But protection cannot become custody. Also, the statute stresses on privacy as a right for the juvenile offender. But in the garb of privacy, there is very little effort for scrutiny and transparency in the process. The statute focuses on necessary infrastructure with significant involvement of informal systems, specifically the family, voluntary organizations, and the community, to provide a system separate from the criminal justice system. For this to become a reality, we must build effective linkages between districts and states, among various government agencies in association with child rights groups, along with effective legal services for the children and their families. Otherwise, juvenile justice will become a poor copy of the criminal justice system, only hardening the children caught in it.
Therefore, the Juvenile Justice law should address the issues relating to children alleged and found to be in conflict with law and children in need of care and protection by catering to their basic needs through proper care, protection, development, treatment, social re-integration, by adopting a child-friendly approach in the adjudication and disposal of matters in the best interest of children and for their rehabilitation through processes provided, and institutions and bodies established.
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Principle:
- If one threatens another to commit any act forbidden by the Indian Penal Code likely to harm anyone thereby causing him(one who is thus threatened) to enter into an agreement with anyone; the agreement thus entered into is void.
- An attempt to commit suicide is an act forbidden by the Indian Penal Code.
Facts: Gopaldas who is very fond of his nephew Jitendra, a bright law graduate; promises to gift him a plot of land if the latter joined his friend Atmaram’s law firm as an associate. Jitendra joins Atmaram’s firm but before Gopaldas could proceed, his elder son Akash who was in need of money threatened to commit suicide if Gopaldas did not sell the plot of land. Gopaldas entered into an agreement to sell the plot of land and gave the money he received as advance; to Akash.
Insanity is -
Under the Indian Penal Code, abetment is constituted :
Illegal signifies
Voluntarily' has been defined as an effect caused by means whereby a person intended to cause it or by means, at the time of employing those means, know or had reason to believe to be likely to cause it under
'Fraudulently' has been defined as doing anything with intent to defraud
X, the servant of Y, takes a hundred rupee note fro Y's pocket and hides it under the carpet in the houses of Y, X tells Z another servant of Y, about the currency note and both, agree to share the money when the currency note is taken by X from the hiding place. Before X could recover the note, it was found by Y. Decide if an offence was committed and if so who committed the offence?
Answer the question which follows form the application of the under mentioned legal principle.
Principle: An assault is an attempt to do a corporeal hurt to another, coupled with an apparent present ability and intention to do that act. A battery is the intentional and direct application of any physical force to the person of another A was sitting on a chair reading a book. His friend. B decided to play a practical joke on him. Accordingly, he pulled the chair from under him, as a result of which A landed on the floor.
Principle: Whoever with the intent to cause, or knowing that he is likely to cause wrongful loss or damage to the public or to any person, causes the destruction of property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, of affects it injuriously, commits mischief.
A went to B's house for dinner. He saw that B had a statue made of ice, which was kept in a freezer, A removed the statue from the freezer for a few minutes, which led to the hand of the statue changing shape.
