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प्रश्न
Principle: Nothing is an offence, which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.
Facts: 'A' takes up a gun, not knowing whether it is loaded or not, points it playfully at 'B' and pulls the trigger. Consequently, 'B' falls dead.
पर्याय
B's death is accidental, as 'A' did not have the knowledge that th e gun is loaded.
B's death is accidental, as 'A' had no intention to kill 'B'.
B's death is accidental, as 'A' was just pointing the gun playfully at 'B'
B's death is not accidental, as there was want of proper care and caution on the part of 'A'.
उत्तर
B's death is not accidental, as there was a want of proper care and caution on the part of 'A'.
Explanation:
B's death is not accidental, as here was want of proper care and caution on the part of A. In Bhupender Singh A Chudasama vs State of Gujrat AIR 1997 SC3790, The Hon'ble Supreme Court observed on the falls of a case before it. The primordial requirement of the exception that we get is that it should have been done "with proper Care and Caution".
The reasonable conclusion drawn is that the B's death is not accidental, as there was a lack of proper care and caution on the part of A. So, "B’s death is not accidental, as there was want of proper care and caution on the part of ‘A’" is correct.
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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: Where one of the parties to a contract was in the position to dominate the decision of the other party, the contract is enforceable only at the option of the party who was in a position to dominate the decision of the other party.
Facts: A doctor asked his patient to make a payment of Rs. 10,00,000/- (Ten Lac Only) for treatment of his fever. The patient paid an amount of Rs. 5,00,000/- (Five Lac Only) and promised to pay the remaining amount after the treatment. After treatment, the patient recovered from fever. The doctor demanded the remaining amount from the patient. The patient refused to pay.
The question consists of two statements, one labelled as principle and other as Fact. You are to exa.mine the principle and apply it to the given facts carefully and select the best option.
Principle: A master is liable for the acts committed by his servant in the course of employment.
Fact: Sanjay is a driver working in Brookebond and co. One day, the manager asked him to drop a customer at the airport and get back at the earliest. on hiS way back from the airport, he happened 10 see his fian~ Ruhina waiting for a bus to go home. He offered to drop her at home, which happened to be close to his office. She got into the car and soon thereafter, the car somersaulted due to the negligence or Sanjay. Ruhina was thrown out of the car and suffered multiple in Juries. She seeks compensation from Brookebond and Co.
Read the definition and elements of the attempt, apply them on the given fact situations and answer the question:
Definition of Attempt: Lord Blackburn has said that "there is no doubt that there is difference between a preparation antecedent to an attempt and the actual attempt, but if the actual transaction has commenced which would have ended in the crime if not interrupted, there is clearly an attempt to commit the crime."
1. Fault element· Intention or knowledge requisite for committing an offense: and
2. Conduct Element: does any act towards its commission and has crossed the stage of preparation. This act is so closely connected with and proximate to the commission that it falls in object because of facts not known to him or because of circumstances beyond his control.
'SINY' with an intention to pick-pocket puts his hand into MlNU's pocket. MINU had a Joaded pistol in his pocket The thief touches the pistol and trigger goes on, whereby MINU is shot dead.
Principle: Intentional application of force to another person is actionable in law.
Facts: 'P' and 'D' are unknown to each other. When 'P' is about to sit on a chair, 'D' intentionally pulls it away as a result of which 'P' falls on to the floor and is injured.
Principle: Consent is a good defence in a civil action for tort but the act should be the same for which consent was given.
Fact: 'B' was formally invited by 'A' to his house. 'B' after sitting for some time in drawing room, moved to the bedroom of the house. 'A' sued 'B' for trespass.
Mark the best option:
To practice in a court
Examine the Statement and Conclusions given below and choose a suitable answer from the options given:
Statement: Necessity knows no law.
Conclusions:
1. The act of a captain throwing some cargo into the ocean to save the ship from sinking is justified by the principle.
2. The act of a man out of poverty and starvation stealing some food from a hotel is justified by the principle.
3. The act of a tourist killing a tiger when it was attacking a villager is justified by the principle.
The following can be patented
Responsibility for Payment of wages is covered under section ____ of Payment of Wages Act
Under which Act can action be taken against wilful defaulters of banking loans?
