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प्रश्न
Principle: Doing of an act which causes common injury, danger or annoyance to the public or which is likely to cause such injury or annoyance is Public nuisance. A common nuisance is not excused because it causes some nuisance or advantage.
Facts: 'A‘ a farmer having large farmlands burns crop residue (stubble) on his fields after harvesting the crop to make the field ready for next crop as this is the easy, fast and convenient method of making the field ready for next crop. His farmlands are adjoining a densely inhabited residential area and people pass through the smoke while traveling on the road adjoining his farmlands. The smoke caused by fire also enters the houses in the colony.
विकल्प
A has not committed any offence since he does not cause any specific injury to any specific person
A has not committed any offence because he does not gain any advantage from persons living in the vicinity
A has committed a public nuisance
A has not committed any offence because the alleged acts are done on the fields owned and used by him and acts are done without any intention to cause harm.
उत्तर
A has committed a public nuisance
Explanation:
A has committed public nuisance as defined in the principle. According to the principle: “Doing of an act which causes common injury, danger or annoyance to public or which is likely to cause such injury or annoyance is Public nuisance.” X’s action of burning crop stubbles is a public nuisance because smoke caused by his action is disturbing to the public. The principle also states that “A common nuisance is not excused because it causes some nuisance or advantage.” This may be interpreted to mean that X’s action cannot be excused even if it is advantageous to his farm.
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संबंधित प्रश्न
Consists of legal proposition(s)/ principle(s) (hereinafter referred to as 'principle') and facts. Such principles may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this Section. In other words, in answering these questions, you must not rely on any principle except the principles that are given herein below for every question.
Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest in the study of law, research aptitude, and problem-solving ability, even if the 'most reasonable conclusion' arrived at may be absurd or unacceptable for any other reason. It is not the objective of this section to test your knowledge of the law.
Therefore, to answer a question, the principle is to be applied to the given facts and to choose the most appropriate option.
Principle: Nothing is an offence which is done in the exercise of the right of private defence. Nothing is an offence which is done in madness.
Facts: A, under the influence of madness, attempts to kill B. B to save his life kills A.
The principle is to be applied to the given facts and to choose the most appropriate option:
Principle: When a person interferes with peaceful possession of another person without the permission of the person in possession of those premises, commits trespass to land.
Facts: 'T' just walked over the land of 'P' to reach his house as it was a short cut. 'P' had displayed a notice that it is not a thoroughfare. 'P' did not cause any damage to the land.
Consists of legal proposition(s)/ principle(s) (hereinafter referred to as 'principle') and facts. Such principles may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this Section. In other words, in answering these questions, you must not rely on any principle except the principles that are given herein below for every question.
Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest in the study of law, research aptitude, and problem-solving ability, even if the 'most reasonable conclusion' arrived at may be absurd or unacceptable for any other reason. It is not the objective of this section to test your knowledge of the law.
Therefore, to answer a question, the principle is to be applied to the given facts and to choose the most appropriate option.
Principle: When a person makes such a statement that lowers another person's reputation in the estimation of other persons, it is liable for committing defamation.
Facts: 'A' writes a letter to 'B' in which he uses abusive language against 'B' and also states that 'B' is a dishonest person. 'A' put the letter in a sealed envelope and delivered it to 'B'.
Which of the following is an example of trespass?
Which Article 8 of the European Convention on Human Rights protects which right...?
Consent defines as
PRINCIPLE Nuisance is the interference in the enjoyment of the property.
FACTS Pizzeria, a small cafeteria selling namesake used to run a wood-fired oven. The resulting smoke caused a lot of smoke in the neighbourhood and there were a number of complaints from the locals who had not witnessed such an oven. The food inspector taking cognizance of these reports asked the restaurant to shut down the oven. The owner who had earlier ran a similar establishment in Italy did not comply. Is Pizzeria committing a nuisance?
PRINCIPLE A person is not liable for every harm which comes from the act but is only liable for those harms which can be reasonably foreseen at the time of the injury.
FACTS Sumati, who was being threatened by armed robbery pulled the railway chain. The engine driver recorded the chain pulling but did not stop thinking it to be the work of mischievous passengers wishing to alight before the station. As a result, no help came to Sumati, who was robbed and injured. The suit brought by her was resisted by the railways. As a judge, you would
LEGAL PRINCIPLE 'Free consent' defined as - Consent is said to free when it is not caused by
I. coercion as defined in Section 15
II. under influence, as defined in Section 16
III. fraud, as defined in Section 17, or
Iv. misrepresentation, as defined in Section 18
v. mistake, subject to the provisions of Sections 20, 21 and 22 Consent is said to be so caused when it would not have been given but for the existence of such coercion, under the influence, fraud, misrepresentation or mistake. 'Fraud' is defined in which Section?
Negligence means
