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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.
पर्याय
'A' has not committed an offence because he was mad.
'B' has committed an offence.
'B' has not committed any offence.
'A' has committed the offence of attempt to murder.
उत्तर १
B has not committed any offense
Explanation:
B has not committed an offence as he acted in private defence. Being mad, or anything done in madness is not an offence.
उत्तर २
B has not committed any offense
Explanation:
B' has not committed any offence. ' A' attempted to kill 'B' and to save one's own life 'B' kills 'A'. 'A' has committed no offence. It is a private defence. (Kamparsare vs Putappa)
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संबंधित प्रश्न
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.
Principle: A person, who is usually of unsound mind, but occasionally normal, may make a contract when he is not of unsound mind.
Facts: 'A' generally remains in the state of unsound mind and rarely becomes capable of understanding the things.
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.
Who is an Ombudsman?
Which of the following statements concerning enforcement agreement is true?
Which of the following is not a defense to trespass to the person?
In Torts, the remedy is
Principle: A Master is liable to third persons for every such wrong of his servant as committed in the course of service. For acts committed beyond the scope of employment, the master is liable only if he has expressly authorised the act.
A owned a bus and he had hired B to drive it and C to be the conductor. One day, when B had stepped out of the bus to have a cup of coffee. C decided to turn the bus around so that it was ready for its next trip. While doing so, C ran over D's leg, causing major injuries to him. D sued A for damages.
Principle: Ignorance of the law is no excuse.
Facts: A fails to file his income tat returns for ten years. The Income-tax department issues to him notice to show cause why proceedings should not be initiated against him for the recovery of the income tax due from him with interest and penalty. Advise.
Principle: Nobody shall make use of his property in such a way as to cause damage to others. Any such use constitutes a private nuisance, a wrongful act under Law of Torts.
Facts: Vasan was owing to a house, adjacent to a cluster of houses, owned by Varadan. Varadan was leasing out these houses whereas Vasan was living in his house. When Vasan was transferred to another place, he leased out his house to a person suffering from AIDS. Fearing the spread of AIDS, the tenants moved out of Varadan's houses. Varadan requested Vasan to evict AIDS patient and he offered to fix a suitable tenant for Vasan's house if the AIDS patient is evicted. But Vasan refused by arguing that AIDS would not spread as feared by Varadan's tenants. Varadan filed a suit against Vasan.
