Judiciary - Constitutional, Civil, Criminal Courts and Processes Test 33

Question 1
1 / -0

LEGAL PRINCIPLE: Nothing is an offence, which is done by accident of 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.
FACTUAL SITUATION: A is a woodcutter. One day when he was at work, a number of children flocked to him and asked him to make a cricket ball for them. Without listening to them he continued to chop woods using a heavy axe. Suddenly a piece of chopped wood flew and struck one child who was standing just two feet away from him as a result of which the child lost his one eye?

A
A is liabe for causing injury to child

B
A is not liable because it was merely an accident

C
A is not liable because children flocked to him

D
A is liable because he has the knowledge that the boys standing near him may get hurt

Question 2
1 / -0

X's farm house in outskirts of Delhi was attacked by a gang of armed robbers. X without informing the police, at firs warned the robbers by firing in the air. As they were fleeing from the farm, he fired, and killed one of them.
I. At the trail, X can avail the right of private defence as he was defending his life and property.
II. X cannot avail the right as he failed to inform the police.
III. X cannot avail the right as he caused more harm than was necessary to ward off the danger.
IV. X can avail off the right as at first he only fires in the air.

A
I and IV

B
II only

C
II and III

D
IV only

Question 3
1 / -0

Choose the correct answer from the alternatives given.
D P Tyre Co. Ltd sold tyres to a dealer S, who sold those to D, a sub-dealer on the condition that those tyres would not be sold at a price lower than the list price fixed by D P Tyre Co. Ltd. and if the tyre were sold at a price lower than the list price, a penalty of $$\$$$ 2 for every tyre sold below the list price would be recovered as damages. D sold five tyres below the list price. D P Tyre Co. Ltd filed a suit against S. Is D P Tyre Co. Ltd entitled to maintain the suit?

A
No since D P Tyre Co. Ltd was not a party to the contract

B
No since only 5 tyres are involved and the amount is insignificant

C
Yes as D P Tyre Co. Ltd is the producer of the tyres

D
Yes as D P Tyre Co. Ltd sold the tyres to S who in turn sold to D

Question 4
1 / -0

Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLE: Nothing is an offence which is done in the exercise of right of private defence.
FACTUAL SITUATION: Niman and Nitin are students staying in a boy's Hostel. Monica is a beautiful girl staying in a Girl's Hostel. Naman and Nitin both fall in love with Monica. They both quarrel and then they start fighting over Monica.
One day, Naman accompanied with some friends and armed with iron rods, reaches Nitin's room and abuses him. On seeing many boys in an offensive mood, Nitin throws boiling tea over Naman's face, due to which his skin is badly burnt.
DECIDE.

A
Nitin has committed an offence and can be punished.

B
Nitin has not committed any offence but has defended himself.

C
Both Nitin and Naman are guilty and can be punished.

D
Naman alone is guilty because he started the fight.

Question 5
1 / -0

PRINCIPLE: Whoever enters into or upon property in the possession of another with the intent to commit an offence or to intimidate, insult or annoy any person in possession of such property or having lawfully entered into or upon such property, unlawfully remains there with an intent to intimidate, insult, or annoy any such person, or with the intent to commit an offence commits criminal trespass.
FACTUAL SITUATION: A went to Delhi Law College to participate in a competition. After participating in the competition, A hid inside the campus so that he could steal a few books from the library

A
A has committed theft

B
A has committed criminal trespass

C
A has not committed criminal trespass, because he entered with permission

D
A has not committed any offence

Question 6
1 / -0

PRINCIPLE: Whoever intentionally puts any person in fear of any injury to that person, or to any other and thereby dishonestly induces that person so put in fear to deliver to any person any property, commits extortion.
FACTUAL SITUATION: A entered B's house, caught hold of B's daughter C and threatened to stab her if A did not given him Rs. 10,000 immediately. B did so. A is prosecuted for extortion.

A
A has committed theft, not extortion

B
A has committed extortion

C
A has committed both theft and extortion

D
A has not committed any offence

Question 7
1 / -0

PRINCIPLE: Theft is robbery, if in order to committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by theft, the offender, for that end, voluntarily causes or attempts to cause to any person death or hurt or fear of instant death or instant hurt.
FACTUAL SITUATION: A entered B's house to take away her TV. When he was carrying the TV out of the house, he encountered B near the door. he left the TV behind and ran away.

A
A has committed theft

B
A has committed robbery

C
A has committed both theft and robbery

D
A has neither committed theft nor robbery

Question 8
1 / -0

A handed over his watch to B for safe-keeping, B sells the watch to C, which he was not authorised to do, B is prosecuted for theft.

A
B is guilty of theft because he gained from the act

B
B is not guilty of theft because he was in possession of the watch

C
B is not guilty of theft because A had given him the watch

D
B is guilty of theft because he caused wrongful loss to A

Question 9
1 / -0

LEGAL PRINCIPLE: When a person interferes with peaceful possession of another person without the permission of the person in possession of those premises, commits trespass to land.
FACTUAL SITUATION: 'T' just walked over the land of 'P' to reach his house as it was a short cut. 'P' had displayed a notice that it is not a throughfare. 'P' did not cause any damage to the land.

A
'T' has not committed any trespass on the land of 'P'

B
'T' has violated privacy of 'P'

C
'T' has committed trespass to land

D
'T' has created nuisance for 'P'

Question 10
1 / -0

If a constable has reasonable cause to suspect that a motorist is drunk, he can
(I) Checks the motorist's breath with an Alcometer
(II) Makes an arrest
(III) Impounds the vehicle
(IV) Lets the person off with a bribe

A
It is a constable's discretion to do any of the four.

B
First I if it is affirmative, that II & III, no legal authority to do IV

C
Invariably IV

D
Only III

Submit Test

Judiciary - Con...

Question 1

A is liabe for causing injury to child

A is not liable because it was merely an accident

A is not liable because children flocked to him

A is liable because he has the knowledge that the boys standing near him may get hurt

Question 2

I and IV

II only

II and III

IV only

Question 3

No since D P Tyre Co. Ltd was not a party to the contract

No since only 5 tyres are involved and the amount is insignificant

Yes as D P Tyre Co. Ltd is the producer of the tyres

Yes as D P Tyre Co. Ltd sold the tyres to S who in turn sold to D

Question 4

Nitin has committed an offence and can be punished.

Nitin has not committed any offence but has defended himself.

Both Nitin and Naman are guilty and can be punished.

Naman alone is guilty because he started the fight.

Question 5

A has committed theft

A has committed criminal trespass

A has not committed criminal trespass, because he entered with permission

A has not committed any offence

Question 6

A has committed theft, not extortion

A has committed extortion

A has committed both theft and extortion

A has not committed any offence

Question 7

A has committed theft

A has committed robbery

A has committed both theft and robbery

A has neither committed theft nor robbery

Question 8

B is guilty of theft because he gained from the act

B is not guilty of theft because he was in possession of the watch

B is not guilty of theft because A had given him the watch

B is guilty of theft because he caused wrongful loss to A

Question 9

'T' has not committed any trespass on the land of 'P'

'T' has violated privacy of 'P'

'T' has committed trespass to land

'T' has created nuisance for 'P'

Question 10

It is a constable's discretion to do any of the four.

First I if it is affirmative, that II & III, no legal authority to do IV

Invariably IV

Only III

User

Question Analysis

Results Announcement on: coming Monday

Stay Tuned: We’ll update you on your result via email or SMS.