Advertisements
Advertisements
Question
Principle: Killing is not murder if the offender, whilst deprived of the power of selfcontrol by intense and sudden provocation, causes the death of the person who gave the provocation.
Facts: 'A', a man found his girlfriend sleeping, in her own bedroom, with another man named 'B'. 'A' did not do anything but went to his home, picked a gun and cartridges, returned to the girl friend's bedroom with a loaded gun but found the place empty. After fifteen days he saw his girlfriend dining in a restaurant. Without waiting for even a second, 'A' fired five bullets at his girlfriend who died on the spot.
Options
'A' could have killed both 'B' and his girlfriend.
'A' did not kill his girlfriend under intense and sudden provocation.
'A' could have killed 'B' instead of his girl friend.
'A' killed his girlfriend under intense and sudden provocation.
Advertisements
Solution
'A' did not kill his girlfriend under intense and sudden provocation.
Explanation:
According to section 300 IPC defines murder except hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death.
The reasonable conclusion is drawn in the present problem that A did not kill his girlfriend under the intense and sudden provocation. There was clear intention to kill her, waiting for a sufficient time of 15 days without waiting second, he shot her down. Hence there is no question even after sudden and grave provocation.
APPEARS IN
RELATED QUESTIONS
Principle: Whoever by words publishes any imputation concerning any person is said to defame that person.
Facts: During a marriage ceremony, A circulated a pamphlet saying the sister of the bride 'S‘ is a thief, she has stolen the shoes of the bridegroom.
Which of the following court cases involves a tort?
This tort occurs most often in society.
PRINCIPLE Whoever by words either spoken or intended to be read or by signs or by visible representations makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is to defame that person.
FACTS In a community, there is a custom of stealing shoes of the bridegroom during the marriage ceremony. The shoes of the bridegroom were stolen by 'Y'. 'A' announced that 'Z' has stolen the shoes. Everyone present in the marriage party started staring at 'Z' with great surprise. 'Z' felt very ashamed.
PRINCIPLE Assault is the use of words or gestures inducing a threat of force or danger to the person.
FACTS X and Y being friends were comparing stalwarts of their favourite football teams. X egged Y to go on and without realising it converted into a verbal sling fest and reduced to angry expletives. X and Y decided to file suits of verbal assault against each other.
PRINCIPLE The test as to whether the act done by an officer or agency of the state is a sovereign function or a function done ordinarily is dependent on the fact that an alternative person may also carry out the latter, but the former may only be carried out by the state.
FACTS In a boundary settlement dispute between India and Bangladesh, a certain territory was exchanged in pursuit of a treaty agreement. X's land which lay in the Indian enclave thus got transferred to Bangladesh, which did not recognise his proprietary rights. In a suit against the Indian Government, the likely outcome is
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) Consumable goods that are not fit for consumption are not marketable.
(2) A consumer shall not suffer on account of unmarketable goods.
(3) A seller is liable for knowingly selling unmarketable goods.
(4) A manufacturer shall be liable for the quality of his products.
Facts:
Ram bought a Coca Cola bottle from Shama's shop. Back at home, the server opened the bottle and poured the drink into the glasses of Ram and his friend Tom. As Tom started drinking, he felt irritation in his throat. Immediately, Ram and Tom took the sample to test and found nitric acid in the content. Ram filed a suit against Shama, Coca Cola company and the bottler, Kishen and Co.
Suggested Decisions
(a) Ram cannot get compensation
(b) Tom can get compensation
(c) Both Ram and Tom can get compensation
Suggested Reasons
(i) Shama did not know the contents of sealed bottle.
(ii) Ram did not actually suffer though he bought the bottle.
(iii) Tom did not buy the bottle.
(iv) Coca Cola company is responsible since it supplied the concentrate.
(v) Kishen & Co is responsible since it added water, sugar, etc., and sealed the bottle.
(vi) Shama is responsible for selling the defective product. Your decision with the reason,
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.
If the pattadars were compulsorily required to work in the factory for a minimum number of hours every day, then the Company would have been liable to pay compensation to Aashish Mathew if the latter:
Mr. Samay was severely hurt while working in his factory and fell unconscious. He was rushed to a hospital by his fellow workers. In the hospital (at the emergency/casualty ward), the doctor opined that he should be operated immediately. While conducting preliminary examinations, he was found to be HIV positive. The doctors are in a dilemma regarding what should they do first.
Apply the legal principles to the facts given below and select the most appropriate answer:
Legal Principles:
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.
Facts:
X and Y Co. were advertising agents placing contracts on behalf of a client on credit terms, X and Y Co. would be personally liable should the client default. To protect themselves, the X and Y asked their bankers to obtain a credit reference from K and L, the client’s bankers. The reference (given both orally and then in writing) was given gratis and was favorable, but also contained an exclusion clause to the effect that the information was given ‘without responsibility on the part of this Bank or its officials’. X and Y relied upon this reference and subsequently suffered financial loss when the client went into liquidation. X and Y sued K and L Co. for negligence, claiming that the information was given negligently and was misleading. K and L argued there was no duty of care owed regarding the statements. Decide.
