Advertisements
Advertisements
प्रश्न
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.
पर्याय
'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.
उत्तर
'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
संबंधित प्रश्न
Principle: Consent is a good defence for civil action in tort. But consent must include both knowledge of risk and assumption of risk, i.e, readiness to bear harm.
Facts: A lady passenger was aware that the driver of the cab, in which she opted to travel was little intoxicated. The cab met with an accident and lady got injured.
The principle is to be applied to the given facts and to choose the most appropriate option:
Principle: Acceptance of a proposal must be absolute and unqualified.
Facts: ‘A’ made a proposal to sell his motorcycle to ‘B’ for rupees 25, 000/. ‘B’ agreed to buy it for rupees 24,000/. ‘A’ sold his motorcycle to ‘C’ for 26,000/ the next day. ‘B’ sues ‘A’ for damages.
Legal Principle: A person is liable to compensate others for harm caused by the escape of any inherently dangerous material that he keeps on his land.
Fact Situation: Ankit lights a bonfire in his courtyard to warm himself up during a cold winter evening. A strong wind suddenly blows some sparks from the fire, on to his neighbour’s house which catches fire and gets completely destroyed.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
Legal Principle: One of the principles of ‘Natural Justice’ states that, “No person shall be a judge in his own cause”.
Facts: A, a driver of B, a Branch Manager of ABC Bank was caught, suspecting theft, in the bank premises. The Bank management instituted an enquiry and made B the enquiry officer.
Which of the following statements is correct?
Mark the best option:
Principle: An occupier is not normally liable to a trespasser except in respect of willful act intended to cause harm or done with reckless disregard.
Facts: Jaspal, a richman of the locality had kept a ferocious dog to guard his house. He strictly instructed all his servants not to go near that dog and there was a special attender who was to take care of the dog. There was a prominent board warning the visitors about the ferocious dog. One day, a twelve-year-old boy playing in the neighborhood, running after his ball got into the house. The dog attacked him and killed him. Jaspal was sued for damages.
Injuria sine damnum stands for.
PRINCIPLE Where the plaintiff himself is in fault, the defendant shall not be answerable for the harm brought on by the plaintiff's own actions.
FACTS Jimmy had put up a board in his house warning all trespassers of 'Beware of Dogs'. Jimmy arrived home using a cab and since he did not have the wallet asked the driver to stay outside. He received a long-distance phone call and spoke for 20 straight minutes. The cab driver outside was getting very restless and was ringing the bell which turned out to be broken. Left with no other alternative the driver came in only to be bitten black and blue by Jimmy's Rottweiler. In a suit brought by the cab driver
Principle: Negligence is the breach of a duty caused by an omission to do something which a reasonable person would do or an act which a prudent and reasonable person would not do. An action for negligence proceeds upon the principle that the person has an obligation or duty on the part of the defendant, which he/she breaches, leading to damage.
A, a surgeon operated on B. Subsequent to the operation, B complained of pain in his abdomen. On examination, it was discovered that A had left a mop in B ' s stomach while Operating.
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.
Which of the following statements can most plausibly be inferred from the application of the rules to the give facts:
Apply the legal principles to the facts given below and select the most appropriate answer:
Legal Principles:
1. The Tort of Negligence is a legal wrong that is suffered by someone at the hands of another who fails to take proper care to avoid what a reasonable person would regard as a foreseeable risk.
2. The test of liability requires that the harm must be a reasonably foreseeable result of the defendant’s conduct, a relationship of proximity must exist and it must be fair, just and reasonable to impose liability.
3. Volenti non-fit injuria is a defence to action in negligence.
Facts:
X purchased a disused cinema with the intention of turning it into a Multiplex. Six weeks after, X entered the building for the first time, it was set on fire by intruders and destroyed. As a result, the adjacent buildings were also affected and damaged. The cinema building was a target for vandals and children who often played there, but X had had no knowledge of previous attempts to start a fire at the cinema buildings. The owners of the adjacent buildings brought an action for negligence against X on grounds that X failed to take reasonable care for the safety of the buildings by not keeping the cinema locked, making regular inspections and employing a caretaker. Decide whether the occupier of a property owes a duty of care to the adjoining occupiers in respect of acts of trespass on his property resulting in damage to the adjoining properties?
