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प्रश्न
The principle is to be applied to the given facts and to choose the most appropriate option
Principle: The concept of natural justice is against bias and for the right to a fair hearing. While the term natural justice is often retained as a general concept, and it has largely been replaced and extended by the general ‘duty to act fairly’.
Facts: ‘X’, a male employee of a company was dismissed by the employer just on the basis of a complaint by ‘Y’, a female employee of the company that ‘X’ was trying to be too friendly with her and often requested her to accompany him to the canteen. Is the dismissal of ‘X’ valid?
विकल्प
No, because the employer did not give a chance to ‘X’ to explain his side, thereby violated the principles of natural justice
Yes, moral law is antique and therefore, not applicable in modern times, therefore the termination is valid and no violations of the principles of natural justice occurred.
Yes, because men are not supposed to behave improperly with women and hence there is no violation of any principles of law
No, because in modern times this type of behaviour is common
उत्तर
No, because the employer did not give a chance to ‘X’ to explain his side, thereby violated the principles of natural justice
Explanation:
No, because the employer did not give a chance to 'X' to explain his side, thereby violated the principles of natural justice.
Natural justice mandates that X should have been given a fair chance to explain his side before a decision was taken and was dismissed by his employer. There was no 'duty to act fairly' and the principle of natural justice has been violated.
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संबंधित प्रश्न
Principle: Whoever attempts to commit the offense of cheating, commits an offense.
Facts: A with an intention to defraud B, obtain from him an amount of Rs. 500.
Principle: An employer is liable for an injury caused by an employee in the course of employment.
Facts: 'A‘ and 'B‘ were working in a factory as unskilled laborers. A was carrying a basket of stones on his head. B was sitting on the ground. When A crossed B, all of a sudden a stone fell down from the basket and hit B on his head. B died instantaneously.
Mark the best option:
Facts: Manohar and Dev are childhood friends. One day while ploughing the field they have an argument and end up in blows. Satish, another farmer, has to intervene and separate them. Manohar swears that he will take revenge. In the evening Satishtells Dev that Manohar wants to reach a settlement and asks him to wait near the Mukhiya’s farmland behind the rose bush. Dev sits behind the bush and waits. Meanwhile, Satish goes to Manohar and tells him that wild animals have attacked theMukhiya’s farmland and asks Manohar to bring his shotgun to scare the animals away. On reaching the farm, Satish shouts out loudly that he has spotted a leopard behind the rose bush and asks Manohar to fire at the bush. Manohar fires two rounds. The bullet hits and kills Dev.
Principle: Whoever causes death by doing an act with the intention of causing death or bodily injury as is likely to cause death or with the knowledge that he is likely by such act to cause death commits the offence of culpable homicide.
The principle is to be applied to the given facts and to choose the most appropriate option
Principle: When a person consented to an act to be done by another, he cannot claim any damages resulting from doing that act, provided the act done is the same for which consent is given.
Facts: 'P' submitted written consent to a surgeon 'S' for undergoing a surgical operation for removal of appendicitis. The surgeon while doing surgery also removed the gall bladder of 'A':
___ is NOT a Central Government tax.
PRINCIPLE Res ipsa loquitur reverses the burden of proof, creating a rebuttable presumption of the guilt of the defendant in situations where the default of the defendant seems apparent.
FACTS X, a truck driver, crashed into Y for no fault of his while trying to save Z, a student who was loitering in school uniform. Based on the facts above, Y inquires the presumption of negligence shall be in favour of
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
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.
According to the facts and the rules specified, which of the following propositions is correct
Given below is a 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: Master/Principal is vicariously liable for the tort committed by a servant/agent, in the performance of his duties as a servant/agent.
Factual situation: A gave some cash and cheques to his friend B, who was an employee of the State Bank of India, to deposit the same in that Bank in the account of A. B misappropriated the amount. If A sues the Bank for damages, then the Bank is DECISION:
Given below is a 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: A statement is defamatory in nature if it is injurious to a person’s reputation and if the statement has been published.
Factual situation: Rudra had been dating a girl named Kiara for three weeks. But he had introduced himself to her as Ricky Thakur (who is one of Rudra’s friends) and he continued to be Ricky for the rest of their relationship. But ultimately the relationship ended badly and Kiara being upset and angry at Rudra started a website named ‘rickythakur-is-a-jerk.com’. She created this website so as to warn other girls about ‘Ricky Thakur’. The real Ricky Thakur files a suit for defamation. Decide. DECISION:
