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Topics of Law Test 74

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Topics of Law Test 74
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Weekly Quiz Competition
  • Question 1
    1 / -0
    A claim barred by lapse of time is called an _____.
  • Question 2
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    Expulsion of a partner which is not in accordance with the provisions of section $$33$$ of the Indian Partnership Act, $$1932$$ is ______________.
    Solution
    Expulsion of a partner which is not in accordance with the provisions of section 33 of the Indian Partnership Act, 1932 is null and void. Generally expulsion of a partner is discouraged by law and a partner cannot be expelled from the firm at any circumstance. A partner cannot be ordinarily expelled from the firm by any majority of the partners.
  • Question 3
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    According to Salmond, which theory of punishment out of the following, is in itself not a remedy for the mischief of the offence but an aggravation of it and invites pain and suffering and is offensive of the considerations of the humanity?
    Solution
    Retributive theory is based in the concept that the accused must be punished with pain and suffering that is proportional to the pain and suffering inflicted on the victim. It is based on the principle of- eye for an eye, Tooth for tooth.
  • Question 4
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    According to one of the theories of punishment, evil should be returned by evil, this theory is known as the ______.
    Solution

    Retributive Theory- The objective of this theory is to make the offender realize the pain and suffering of his acts. It seeks to inflict the same pain and suffering upon the offender as suffered by its victim.

  • Question 5
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    A owes to b rupees five hundred which has become time barred. B's claim to rupees five hundred is _____.
  • Question 6
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    Why is the expiatory theory of punishment obsolete now?
    Solution
    Expiatory Thery of punishment does not punish the accused physically nut economically. Compensation is given by the accused to the victim instead of any physical punishment inflicted upon the accused. 
  • Question 7
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    An eye for an eye and tooth for a tooth is the principle of______.
    Solution

    Retributive Theory- The objective of this theory is to make the offender realize the pain and suffering of his acts.

  • Question 8
    1 / -0
    Tort of conspiracy occurs where _______.
    Solution
    Conspiracy per se is a civil as well as a criminal wrong. Tort of conspiracy occurs when two or more people agree to do something illegal or commit a tort.
  • Question 9
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    Good owned by A were put by her rooms in the house of B with B's permission. The rooms were locked by A's agent. Who gave the keys to H, A's husband with the permission of A. The possession of the rooms was with _____.
    Solution
    Possession in legal terms refers to the intentionally exercising control over a thing. It can be actual possession (refers to the physical custody or control over an object) or constructive possession (refers to a position where person does not have physical custody but legally has the control over it. In the present instance, H has constructive possession over A's property as he has the keys which are symbolic of possession. Further, the present instance also falls within the category of possession with consent (possession with consent from the actual owner).
  • Question 10
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    Retribution under the retributive theory of punishment means the wrong doer _______.
    Solution

    Retributive Theory- The objective of this theory is to make the offender realize the pain and suffering of his acts. It seeks to inflict the same amount of harm, pain and suffering that the wrongdoer must have inflicted upon its victim.


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