Judiciary - Constitutional, Civil, Criminal Courts and Processes Test 34

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Judiciary - Constitutional, Civil, Criminal Courts and Processes Test 34

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Question 1
1 / -0

LEGAL PRINCIPLE: Whoever enters into or upon the property in the possession of another, with intent to commit an offence or to intimidate or annoy any person in possession of the property and remains there with intent thereby to intimidate or annoy another person or with intent to commit an offence is guilty of criminal trespass.
FACT: The accused entered at night into a house to carry on intimate relations with an unmarried major girl on her invitation and information that her family members are absent. However, he was caught by her uncle before he could get away. Is the accused guilty of criminal trespass?

A
guilty of criminal trespass as he annoyed the uncle

B
guilty because he entered the house to commit a crime against the girl

C
guilty because no one should enter into the house of another at night

D
not guilty of criminal trespass

Solution

The accused is not guilty of criminal Trespass because he entered the property to carry on intimate relations with an unmarried major girl which is not an offence. He did not had the intention to commit any offence or annoy to intimidate nay person.
Therefore, he is not guilty of criminal trespass.
Question 2
1 / -0

PRINCIPLE: Whoever with the intent to cause, or knowing that he is likely to cause wrongful loss or damage to the public or to any person, causes the destruction of property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits mischief.
FACTUAL SITUATION: A went to B's house for dinner. He saw that B had a statue made of ice, which was kept in a freezer. A removed the statue from the freezer for a few minutes, which led to the hand of the statue changing shape.

A
A has not committed mischief, since he did not have the intention to change the shape of the hand of the statue

B
A has committed mischief because he should have known that his act was likely to damage the statue

C
A has not committed mischief because the statue did not get destroyed

D
A did not commit mischief because the value of the statue has not dimished

Solution

A has caused destruction of property of B by putting it in a situation where the hand of the statue changed shape . A should have known that his act is likely to cause wrongful loss or damage to the property of B.
A reasonable prudent man would have known that removing ice figure from the freezer and putting it elsewhere will lead to melting of the ice statue. Therefore, A has committed mischief.
Question 3
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Given below are the 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: Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called "dowry death", and such husband or relative shall be deemed to have caused the death. Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.
QUESTION: What are the conditions for punishment of offence of dowry death?

A
The woman died within 7 years of marriage.

B
Death must occur in not a normal condition (suicide etc.)

C
There must be cruelty, on part of her, for persistent demand of dowry.

D
All of the above.
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: Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or commission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to "cheat'.
FACTUAL SITUATION: A falsely pretending to be an Army General, intentionally induces B to let him have goods worth Rs. 20,000 on credit from his shop. A has no settled employment or bank balance on the day of the transactions.
QUESTION: Is A guilty of cheating in this case?

A
No

B
Yes

C
Cannot decide

D
None of the above

Solution

The legal principle can be divided to have the following essentials -
a. Deceiving a person.
b. Fraudulently or dishonestly inducement of the deceived person to transfer of property.
c. Delivery or consent to retain or omit to do something to the property as an effect of such deceiving.
Here, A deceived B to make him believe that he was an Army General and under such deceived transfer property.
Therefore, since it follows all the three conditions A has cheated B, and hence, is guilty.
Question 5
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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: Whoever attempts to commit suicide and does anything towards killing himself is said to have committed an offence.
FACTUAL SITUATION: Ramesh was dejected in his life. He had neither any interest to live nor any interest to live nor nay to goals to achieve. He was not getting proper sleep. In order to get good sleep, he used to take sleeping tablets. One day he consumed lot of sleeping tablets. He knew that consuming such heavy quantities of sleeping tablets could be fatal. His family members realised the situation and admitted him to the hospital where he was treated in the emergency ward. Now he is alright.

A
Ramesh needs psychiatric treatment.

B
Ramesh has not committed any offence as he has only consumed lot of sleeping tablets, which anyway he was taking earlier.

C
Ramesh has committed the offence of attempt to commit suicide.

D
Ramesh should have taken the sleeping tablets under the supervision of the Doctor.

Solution

Attempt to commit suicide is punishable under section 309 of IPC.
Ramesh had the knowledge that consuming sleeping tablets could be very fatal yet he consumes it. Therefore, it can be said that he tries to commit suicide.
Since an attempt to commit suicide is punishable under law and any person attempting to commit suicide is said to commit an offence. Therefore, Ramesh has committed the offence of attempt to commit suicide.
Question 6
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LEGAL PRINCIPE: No person shall be deprived of his life or personal liberty except according to procedure established by law and Civil Courts have coercive powers to compel attendance of witness only within its local territory.
FACTUAL SITUATION: Puchu, a resident of Faridabad was summoned by the Delhi High Court as a witness in a civil case regarding wrongful possession of immovable property filed by Amu against Kichu. He refused to appear before the court due to his office job. He was prosecuted by the court. Is he liable?
DECIDE.

A
He is not liable because he is not the resident of Delhi

B
He is not liable because he has fundamental right under Article 21 of personal liberty

C
He is liable because he is called as a witness in a civil trial and it is a procedure established by law

D
He is not liable because he has no interest in the suit property

Solution

According to the principle Civil Courts have coercive powers to compel attendance of witness only within its local authority.
Since, Puchu was summoned as a witness by the Delhi HC even though he lived in Faridabad. And according to the principle the Delhi HC will have coercive power to compel attendance of a witness within it local authority only. Therefore, Puchu is not compelled to come to the Delhi HC as he is not within the local territory of Delhi HC.
Question 7
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Gram Sabha means ___________________________.

A
A body consisting of persons within the area of the district

B
A body consisting of persons registered in the electoral rolls of a village within the area of Gram Panchayat

C
A body consisting of persons registered in the electoral rolls of a block

D
None of the above.
Question 8
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The Central Administrative Tribunal adjudicates disputes with respect to the recruitment and conditions of service of persons appointed:
1) To public services and posts in connection with the affairs of the Union.
2) Members of the defence forces.
3) Officers and servants of the Supreme Court or of any High Court in India.
Select the correct answer using the code given below.

A
1 and 2

B
1 only

C
2 only

D
2 and 3

Solution

The Central Administrative Tribunal's function is to adjudicate the disputes with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or state or other local authorities within the territory of India od under the control of Government of India.
Question 9
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In London which Inn of Court called Gandhiji to the Bar?

A
Inner Temple

B
Middle Temple

C
Lincoln's Inn

D
Gray's Inn.
Question 10
1 / -0

The_________ law relates to functions and powers of Government organisations.

A
Sovereign

B
State

C
Administrative

D
Executive

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Judiciary - Constitutional, Civil, Criminal Courts and Processes Test 34

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Judiciary - Constitutional, Civil, Criminal Courts and Processes Test 34

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SHARING IS CARING

Question 1

guilty of criminal trespass as he annoyed the uncle

guilty because he entered the house to commit a crime against the girl

guilty because no one should enter into the house of another at night

not guilty of criminal trespass

Solution

Question 2

A has not committed mischief, since he did not have the intention to change the shape of the hand of the statue

A has committed mischief because he should have known that his act was likely to damage the statue

A has not committed mischief because the statue did not get destroyed

A did not commit mischief because the value of the statue has not dimished

Solution

Question 3

The woman died within 7 years of marriage.

Death must occur in not a normal condition (suicide etc.)

There must be cruelty, on part of her, for persistent demand of dowry.

All of the above.

Question 4

No

Yes

Cannot decide

None of the above

Solution

Question 5

Ramesh needs psychiatric treatment.

Ramesh has not committed any offence as he has only consumed lot of sleeping tablets, which anyway he was taking earlier.

Ramesh has committed the offence of attempt to commit suicide.

Ramesh should have taken the sleeping tablets under the supervision of the Doctor.

Solution

Question 6

He is not liable because he is not the resident of Delhi

He is not liable because he has fundamental right under Article 21 of personal liberty

He is liable because he is called as a witness in a civil trial and it is a procedure established by law

He is not liable because he has no interest in the suit property

Solution

Question 7

A body consisting of persons within the area of the district

A body consisting of persons registered in the electoral rolls of a village within the area of Gram Panchayat

A body consisting of persons registered in the electoral rolls of a block

None of the above.

Question 8

1 and 2

1 only

2 only

2 and 3

Solution

Question 9

Inner Temple

Middle Temple

Lincoln's Inn

Gray's Inn.

Question 10

Sovereign

State

Administrative

Executive

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