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प्रश्न
Legal Principle: Nothing is an ‘offence’ if committed by a child below seven years of age. Fact Situation: Adil, aged six years, is a student of class one. He placed his sharpened pencil on the bench with its pointed end up when his classmate Ajay stood up to answer a question from the teacher. Ajay gets hurt when he sits on the pencil and Adil and his friends have a good laugh. Ajay’s father, on seeing his son injured when he returns home, wants action against Adil.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
विकल्प
Adil has committed an ‘offence’.
Adil has not committed any ‘offence’.
Childish pranks cannot be investigated by the police.
The class teacher must be arrested.
उत्तर
Adil has not committed any ‘offence’.
Explanation:
According to section 82 of the Indian Penal Code (IPC), nothing is an offence which is done by a child under seven years of age. Thus, anything done by Adil, who is 6 yrs old, cannot be termed as offence hence option (a) can be eliminated easily and "Adil has not committed any ‘offence’" seems to be most appropriate in relation to the given principle.
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संबंधित प्रश्न
In this Question problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the question. In answering the following question, you should not rely on any rule(s) except the rule(s) that are supplied for problem. Further, you should not assume any fact other than 'those stated in the problem. The aim is to test your ability to properly apply a rule to a given set of facts, even when the result is absurd or unacceptable for any other reason. It is not the aim to test any knowledge of law you may already possess.
Rule A: When a State undertakes any measure, the effects of the measure must be the same for all those who are affected by it.
Rule B: When a State undertakes any measure, everyone affected must have an equal chance to benefit from it.
Facts 100 mountaineers embarked on an extremely risky climbing expedition in Leh. Weather conditions worsened five days into the expedition and the mountaineers are trapped under heavy snow. The government received information on this tragedy only two weeks after the unfortunate incident and has only 24 hours in which to send rescue helicopters. Weather stations across the world confirm that this particular region of Leh will experience blizzards of unprecedented intensity for almost two weeks after this 24 hour window rendering any helicopter activity in the region impossible and certain death for anyone left behind. The government has only five rescue helicopters with a maximum capacity of 50 people (excluding pilots and requisite soldiers) and these helicopters can fly only once in 24 hours to such altitudes. As the Air Force gets ready to send the helicopters, an emergency hearing is convened in the Supreme Court to challenge this measure as this would leave 50 people to die. Choosing 50 survivors exclusively by a lottery would be:
In this Question problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the question. In answering the following question, you should not rely on any rule(s) except the rule(s) that are supplied for problem. Further, you should not assume any fact other than 'those stated in the problem. The aim is to test your ability to properly apply a rule to a given set of facts, even when the result is absurd or unacceptable for any other reason. It is not the aim to test any knowledge of law you may already possess.
Rule A: When a State undertakes any measure, the effects of the measure must be the same for all those who are affected by it.
Rule B: When a State undertakes any measure, everyone affected must have an equal chance to benefit from it.
Facts 100 mountaineers embarked on an extremely risky climbing expedition in Leh. Weather conditions worsened five days into the expedition and the mountaineers are trapped under heavy snow. The government received information of this tragedy only two weeks after the unfortunate incident and has only 24 hours in which to send rescue helicopters. Weather stations across the world confirm that this particular region of Leh will experience blizzards of unprecedented intensity for almost two weeks after this 24 hour window rendering any helicopter activity in the region impossible and certain death for anyone left behind. The government has only five rescue helicopters with a maximum capacity of 50 people (excluding pilots and requisite soldiers) and these helicopters can fly only once in 24 hours to such altitudes. As the Air Force gets ready to send the helicopters, an emergency hearing is convened in the Supreme Court to challenge this measure as this would leave 50 people to die. If you were the judge required to apply Rule A, you would decide that:
In this Question problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the question. In answering the following question, you should not rely on any rule(s) except the rule(s) that are supplied for problem. Further, you should not assume any fact other than 'those stated in the problem. The aim is to test your ability to properly apply a rule to a given set of facts, even when the result is absurd or unacceptable for any other reason. It is not the aim to test any knowledge of law you may already possess.
Rules A: The State shall not discriminate, either directly or indirectly, on the grounds of sex, race, religion, caste, creed, sexual orientation, marital status, disability, pregnancy, place of birth, gender orientation or any other status.
Rule B: Direct discrimination occurs when for a reason related to one or more prohibited grounds a person or group of persons is treated less favourably than another person or another group of persons in a comparable situation.
Rule C: Indirect discrimination occurs when a provision, criterion or practice which is neutral on the face of it would have the effect of putting persons having a status or a characteristic associated with one or more prohibited grounds at a particular disadvantage compared with other persons.
Rule D: Discrimination shall be justified when such discrimination is absolutely necessary in order to promote the well-being of disadvantaged groups, such as women, Dalits, religious minorities, sexual minorities or disabled persons.
Rule E: 'A discriminatory act shall be justified if its effect is to promote the wellbeing of disadvantaged groups, such as women, dalits, religious minorities, sexual minorities or disabled persons.'
Facts: On 2nd October 2010, the Governor of the state of Bihar ordered the release of all women prisoners who were serving sentence of less than one-year imprisonment to mark the occasion of Mahatma Gandhi's birthday. Would the first Order of release of all women prisoners be justified under Rule E?
In this Question problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the question. In answering the following question, you should not rely on any rule(s) except the rule(s) that are supplied for problem. Further, you should not assume any fact other than 'those stated in the problem. The aim is to test your ability to properly apply a rule to a given set of facts, even when the result is absurd or unacceptable for any other reason. It is not the aim to test any knowledge of law you may already possess.
Rules A: The State shall not discriminate, either directly or indirectly, on the grounds of sex, race, religion, caste, creed, sexual orientation, marital status, disability, pregnancy, place of birth, gender orientation or any other status.
Rule B: Direct discrimination occurs when for a reason related to one or more prohibited grounds a person or group of persons is treated less favourably than another person or another group of persons in a comparable situation.
Rule C: Indirect discrimination occurs when a provision, criterion or practice which is neutral on the face of it would have the effect of putting persons having a status or a characteristic associated with one or more prohibited grounds at a particular disadvantage compared with other persons.
Rule D: Discrimination shall be justified when such discrimination is absolutely necessary in order to promote the well-being of disadvantaged groups, such as women, dalits, religious minorities, sexual minorities or disabled persons.
Facts:
On 2"° October 2010, the Governor of the state of Bihar ordered the release of all women prisoners who were serving sentence of less than one-year imprisonment to mark the occasion of Mahatma Gandhi's birthday. Which of the following is correct with respect to the Governor's order?
Which of the following is correct with respect to the Governor's order?
Which of the following Acts of British Parliament envisaged for the first time a closer association of Indians with the administration?
The principle is to be applied to the given facts and to choose the most appropriate option:
Principle: According to the law of trade unions in India, no suit or other legal proceeding shall be maintainable in any civil court against any registered trade union or any officer or member thereof in respect of any act done in contemplation or in furtherance of a trade dispute.
Facts: Soloman, the Secretary of a registered Trade Union took a loan from a bank for the higher education of his daughter. Soon after completing the course she was married to an NRI Engineer. Solomon did not repay the loan. The Bank demanded the payments from Soloma n and warned him that the Bank will take suitable legal action against him. Identify the legal position in this regard.
The principle is to be applied to the given facts and to choose the most appropriate option:
Principle: According to Sec. 2 of the Industrial Disputes Act, 1947, ‘Industrial dispute means any dispute or difference between employers and employers or between employers and workmen or between workmen and workmen, which is connected with the employment or non employment or the terms of employment or with the conditions of labour of any person’.
Facts: Sunder agreed to take Bhola’s penthouse on rent for three years at the rate of rupees 12, 00, 000/ per annum provided the house was put to thorough repairs and the living rooms were decorated according to contemporary style.
Intellectual Property Rights (IPR) protect the use of information and ideas that are of
Mark the best option:
Principle: No person shall be deprived of his property save by authority of law.
Facts: The District Magistrate of Dastar district issued an order transferring all privately owned property within the two-kilometer range of the Kashti river in the district in the name of the state government for the purpose of converting the said area into an environmental green belt. The owners of the land filed a petition for quashing of the order under the principle. Will the petition succeed?
Read both the statements carefully and answer.
Assertion (A): Custom to have the force of law must be followed from time immemorial.
Reason (R): Custom represents the common consciousness of the people.
