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Question
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: Preparation is not an offense except the preparation of some special offenses.
FACT: Ramesh keeps poisoned halua in his house, wishing to kill Binoy whom he invited to a party and to whom he wishes to give it Unknown to Ramesh. his only son takes the halua and dies. In this case.
Options
Ramesh is liable for the murder
He is not liable for murder since it is a preparation alone
He is liable for culpable homicide
None of the above
Solution
He is not liable for murder since it is a preparation alone
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In this Question, problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the question.
Rules
A. The act of using threats to force another person to enter into a contract is called coercion.
B. The act of using influence on another and taking undue advantage of that person is called undue influence.
C. In order to prove coercion, the existence of the use of threat, in any form and manner, is necessary. If coercion is proved, the person who has been so threatened can refuse to abide by the contract.
D. In order to prove undue-influence, there has to be a pre-existing relationship between the parties to a contract. The relationship has to be of such a nature that one is in a position to influence the other. If it is proven that there has been undue influence, the party who has been so influenced need not enforce the contract or perform his obligations under the contract.
Facts
Aadil and Baalu are best friends. Aadil is the son of a multi-millionaire business person, Chulbal who owns Maakhan Pharmaceuticals. Baalu is the son of a bank employee, Dhanraj. One day, Aadil is abducted from his office by Baalu. Chulbul receives a phone call from Dhamaj telling him that if he does not make Baalu the CEO of NIaakhan Pharmaceuticals, Aadil will be killed. Chulbul reluctantly agrees to make the Baalu the CEO. Subsequently, Chulbul and Baalu sign an employment contract. However, as soon as Aadil is released and safely returns home, Chulbul tells Baala that he shall not enforce the employment contract. Baalu and Dhanraj are not sure as to what is to be done next.
As per the rules and the given facts, who coerces whom:
Principle: When, at the desire one person, any other person has done or abstained from doing something, such act or abstinence or promise is called a consideration for the promise.
Facts: X, the uncle of Y, made a promise to pay him an amount of Rs. 1,00,000/- as a reward if Y quits smoking and drinking within one year. Y quit smoking and drinking within six months.
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.
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
The Indian Patents & Design Act enacted in
Indian Design Act enacted in
Trade Marks Act in India enacted in
Under which Act can action be taken against wilful defaulters of banking loans?
The following question consists of two statements, one labelled as. 'Assertion' and the other as 'Reason'. Read both the statements carefully and answer using the codes given below.
Assertion (A): International law is not law at all.
Reason (R): International law has no judicial system to enforce the law by applying sanctions.
