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प्रश्न
Legal Principle: Justice should not only be done but also seen to be done.
Facts: L, an honest Lawyer had 200 shares in Company X. Later, L was elevated to the High Court as a Judge and had to deal with Company matters. A dispute between Company X and its creditors came before L for decision.
Which among the following proposition is true?
विकल्प
L, as an honest person will definitely judge the matter on the merits only. So, the principle cannot apply.
A judge cannot excuse himself from taking up a case posted before him by the Court Registry.
L should refrain from hearing the matter as he holds shares of Company X.
Since L has only 200 shares he has no substantial interest in the company and hence can decide the matter.
उत्तर
L should refrain from hearing the matter as he holds shares of Company X.
Explanation:
It is famous for its precedence in establishing the principle that the mere appearance of bias is sufficient to overturn a judicial decision. It also brought into common parlance the oft-quoted aphorism "Not only must Justice be done; it must also be seen to be done. Considering L might be an honest person and he might hear it without bias, his share might be insignificant still legally he should not preside over the case. Thus, option 'L should refrain from hearing the matter as he holds shares of Company X.' is correct.
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संबंधित प्रश्न
In an interview for the selection of two District Judges, four candidates, P, Q, R, and S were shortlisted. All of them had 10 years standing as Lawyers. Who among them is most suitable?
I. P – Very academic not much interested in litigation practice, very honest and impatient.
II. Q – A patient listener, average in academics, thorough with Laws and sharp.
III. R – Jovial, Patient, good academic records and actively involved in politics.
IV. S – Shrewd, Quick-tempered, punctual and Published several Legal articles
Mark the best option:
Principles:
- The word animal denotes any living creature, other than human being.II.
- Whoever with 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 any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits "mischief.III.
- Whoever commits mischief by killing, poisoning, maiming or rendering useless any animals or animal of value, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.IV.
- Nothing is an offense which is done by accident or misfortune and without any criminal intention or knowledge in the doing of a law Latin a lawful manner by lawful means and with proper care and caution.
Facts: Rajat is on the brink of treating the dangerous new pug flu, which is claiming lives worldwide. However, he is told by a friend one day, that Kunal, another scientist living in the city, has made tremendous progress in discovering a cure as well. Feeling his potential success and fame being thwarted, Rajat visits Kunal on the pretext of discussing a possible collaboration. Kunal, genuinely interested in the offer, tells that he has isolated virus that are kept in his personal lab, which have shown strong potential for developing a cure. He also tells him that since the virus outside a human and animal are not considered alive, they do not run the risk of the virus spread unless any such human or animal enters the lab. Listening to this, he tells Kunal that he will do background reading on the virus and contact Kunal later. That same night, Rajat returns, breaks the lock of Rajat's lab, enters the lab and increases the temperature of the section holding the viruses so much, that all the viruses are destroyed. Rajat is caught in the CCTV camera and charged with mischief. Does Rajat's act include committing mischief?
Mark the best option:
Principles:
- The word animal denotes any living creature, other than a human being.
- Whoever with 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 any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits "mischief.
- Whoever commits mischief by killing, poisoning, maiming or rendering useless any animals or animal of value, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
- Nothing is an offence which is done by accident or misfortune and without any criminal intention or knowledge in the doing of a law Latin a lawful manner by lawful means and with proper care and caution.
Facts: Unknown to either Rajat or Kunal, Kunal's pet dog, a pug had entered the section of the lab with the virus on Kunal's last visit to the lab. It was in the section when Rajat broke in and increased the temperature. The pug died due to the heat. Is Rajat liable to punishment under Principle 3 above?
Mark the best option:
Principle: The standard of care is such a degree of care as a normally skillful member of the medical profession may reasonably be expected to exercise in actual circumstances of the case in question.
Facts: Ms. Roze had difficulty in digesting food. She consulted Dr. Dhingra who after running several tests, recommended surgery for removing bowel obstruction. During the surgery, Dr. Dhingra accidentally left his towel inside Ms. Roze's stomach. Ms.Roze had to suffer grave complications and seizures. Ms. Roze ultimately died a year after her surgery. The autopsy revealed a towel in her stomach. Her heirs decided to sue the doctor for medical negligence. Can they proceed with the suit?
Mark the best option:
Principles: Whoever has carnal intercourse against the order of nature with any man, woman or animal shall be punished.
Facts: Two adult men were found engaged in carnal intercourse by the police. The police arrested the men and produced them before the court.
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: When a person unlawfully intervenes in the chattel of another person by which the latter is deprived of its use, the former commits the tort of conversion. And nobody shall enrich himself at other's cost.
FACTUAL SITUATION: X, a patient suffering from fibroids in her uterus approached KLM Medical Institute. X was suggested to undergo surgery to remove the fibroids from her uterus. The operation was successfully performed and X was discharged after few days. One of the researchers of the KLM institute discovered some rare and unique cells in the fibroids to x and using these cells, the laboratory of KLM developed some life-saving drugs and earned rupees twenty crores from a leading international Pharma Company. When X came to know about it, she claimed five crores from the Institute.
DECISION:
Apply the legal principles to the facts given below and select the most appropriate answer.
Legal Principle:
- Any intentional false communication, either written or spoken, that harms a person's reputation; decreases the respect, regard, or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person.
- The statement must tend to lower the claimant in the estimation of right-thinking members of society.
- A mere vulgar abuse is not defamation.
- Sometimes a statement may not be defamatory on the face of it but contain an innuendo, which has a defamatory meaning.
- Defamation encompasses both written statements, known as libel, and spoken statements, called slander.
