Topics of Law Test 76

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Topics of Law Test 76

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Question 1
1 / -0

The Indian Contract Act deals with the following Quasi-contractual Obligations:
(i) Claim for necessaries supplied to a person incompetent to contract
(ii) Responsibility of finder of goods
(iii) Re-imbursement of money paid, due by another
(iv) Obligation of person enjoying benefit of non-gratuitous act

A
(ii) & (iii)

B
(i) & (ii)

C
(i), (ii), (iii) & (iv)

D
(iii) & (iv)
Question 2
1 / -0

Principle: Existence of all the alleged facts is relevant, whether they occurred at the same time and place or at different times and places.
Facts: 'A', a citizen of England, is accused of committing murder of 'B' in India by taking part in a conspiracy hatched in England.

A
Only the fact that 'A' citizen of England is accused of committing murder of 'B' in India is relevant

B
'A' citizen of England cannot be tried in India

C
Only the fact that 'A' is accused of conspiracy hatched in England is relevant

D
The facts that 'A' citizen of England is accused of commission of murder in India and of conspiracy hatched in England are relevant facts

Solution

A , who is a citizen of England accused of murder in India . There are certain possibilities of that A murdered B . There should be a proper evidence of date and time that the accused was not present on that spot and was somewhere else . Likewise , if he was in other country at that time he have to show his flight tickets or hotel bills as a proof . Proof might be given of actualities in issue and important realities:- Evidence might be given in any suit or continuing of the presence of non-presence of each reality in issue and of such different certainties as are hereinafter announced to be significant, and of no others .
Question 3
1 / -0

The dues recoverable under this section includes _____________.

A
Only Interest

B
Any dues which are recoverable under this Act

C
Only tax

D
Only Penalty
Question 4
1 / -0

Principle: One who dishonestly misappropriates or converts to his own use or sells any movable property belonging to another, is guilty of the offence of misappropriation.
Facts: 'A' takes property belonging to 'Z' out of Z's possession, in good faith, believing when he takes it, that the property belongs to himself. Subsequently, 'A', on discovering his mistake, without disclosing the actual facts, dishonestly sells the property to a stranger.

A
'A' may be guilty of theft but not for misappropriation

B
'A' is guilty of an offence of misappropriation

C
'A' is not guilty because when he took the property, he believed in good faith that it belonged to him

D
'A' is not guilty as the property can be recovered from the stranger

Solution

Intentionally taking someone's property thinking it's our property is merely an offence . Misappropriation is the deliberate, illegal utilization of the property, thoughts, or assets of someone else for one's own utilization or other unapproved reason, particularly by an open official, a trustee of a trust, an agent or chairman of a dead individual's home or by any individual with a guardian obligation to think about and secure another's advantages.
Question 5
1 / -0

G, a film star agreed to act exclusively for Y, a film producer, for one year. During the year, she contracted to act for some other producer. In this case, Y:

A
Can restrain C by an injunction

B
Cannot sue G at all

C
Has to produce the film with other actors only

D
Cannot restrain G by an injunction
Question 6
1 / -0

Principle: Consent is a good defence in a civil action for tort but the act should be the same for which consent was given.
Facts: 'B' was formally invited by 'A' to his house. 'B' after sitting for some time in drawing room, moved to the bed room of the house. 'A' used 'B' for trespass.

A
'B' has interfered with privacy of 'A'

B
'B' has committed no trespass as he entered the house with 'A's consent

C
'B' has offended 'A' by moving to bed room

D
'B' has committed trespass as there was no consent of 'A' for entry in the Bed room

Solution

B has not committed tresoass in above case as A has invited B in his house . And , bedroom is just a part of his house . B can enter his house without any bad intention to cause injury or physical harm . Trespass can be determined as the illegal action done legitimately and deliberately to make the mischief another property can be named as trespass. It is of two sorts of common and criminal wrong. It is so on the grounds that it can have two various types of wounds for example it can prompt the infringement of human rights which prompts the harms .
Question 7
1 / -0

Principle: Import means bringing some consignment into India from a foreign country.
Facts: A consignment from Sri Lanka entered the territorial waters of India. However, this consignment never crossed the Indian custom barrier nor did it enter into the stream of commerce in India.

A
The consignment will only be imported into India when it enters into the stream of commerce in India

B
The consignment was not imported into India

C
The consignment was imported into India

D
The consignment will only be imported into India when it crosses the Indian custom barrier.

Solution

The consignment was entered into India . When the goods or merchandise enters the border of that particular country for the consignment contract is said to be entered . Consignment is defined as a business course of action in which a business, likewise alluded to as a recipient, consents to pay a dealer, or agent, for stock after the thing sells.
The business acknowledges things available to be purchased and consents to pay the merchant a level of the returns if and when the products do sell.
Question 8
1 / -0

Principle: A person is said to have committed assault when an apprehension is caused in the mind of a person that he is about to use physical force against his body.
Facts: 'A' abuses 'B' while he was sitting in a moving train, by aggressively shaking his fists when 'B' was standing on the railway platform at a distance.

A
'A' has caused apprehension of assult in the mind of 'B'

B
'A' has committed assault against 'B'

C
A has not committed assault against 'B'

D
'A' has caused fear of assault in the mind of 'B'

Solution

A has not committed assault against B. As ,there was no physical contact between them . He don't have any intention to hurt a and even no physical contraction is present .Assault is defined as an act to cause harm to another or causing physical injury to another .
Question 9
1 / -0

Principle: There are certain acts which, though harmful, are not wrongful in law; therefore, do not give legal right to bright action in law, to the person who suffers from such acts.
Facts: 'Prakash' has a rice mill. His neighbour, Shanti, sets up another rice mill and offers a tough competition to Prakash. As a consequence, Prakash's profits dall down. He brings a suit against Shanti for damages.

A
Prakash can succeed in his claim as it is a case of actual damages

B
Prakash cannot succeed in his claim for damages, as it is a case of damage without infringement of any legal right

C
Prakash may succeed in his claim for damages, as it is a case of loss to his business

D
Prakash can succeed in his claim for damages, as it is case of damage as a result of infringement of his legal right

Solution

Prakash cannot succeed in his claim for damages, as it is a case of damage without infringement of any legal right.
The principle used in the above case is Damnum sine Injuria .
The Latin term actually meaning judgment without damage. Basically deciphered, the term would signify "damage without any harm". Damnum sine injuria alludes to a lawful circumstance wherein, the offended party's privilege isn't regarded by another. However, where the rupture of offended party's privilege doesn't cause harm, or if nothing else, not a measurable or allowable harm.
Question 10
1 / -0

In case the person does not deposit tax collected in contravention of Section 76, is the same recoverable with interest?

A
Yes

B
No

C
At proper officer's discretion

D
None of the above

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Topics of Law Test 76

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Topics of Law Test 76

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Question 1

(ii) & (iii)

(i) & (ii)

(i), (ii), (iii) & (iv)

(iii) & (iv)

Question 2

Only the fact that 'A' citizen of England is accused of committing murder of 'B' in India is relevant

'A' citizen of England cannot be tried in India

Only the fact that 'A' is accused of conspiracy hatched in England is relevant

The facts that 'A' citizen of England is accused of commission of murder in India and of conspiracy hatched in England are relevant facts

Solution

Question 3

Only Interest

Any dues which are recoverable under this Act

Only tax

Only Penalty

Question 4

'A' may be guilty of theft but not for misappropriation

'A' is guilty of an offence of misappropriation

'A' is not guilty because when he took the property, he believed in good faith that it belonged to him

'A' is not guilty as the property can be recovered from the stranger

Solution

Question 5

Can restrain C by an injunction

Cannot sue G at all

Has to produce the film with other actors only

Cannot restrain G by an injunction

Question 6

'B' has interfered with privacy of 'A'

'B' has committed no trespass as he entered the house with 'A's consent

'B' has offended 'A' by moving to bed room

'B' has committed trespass as there was no consent of 'A' for entry in the Bed room

Solution

Question 7

The consignment will only be imported into India when it enters into the stream of commerce in India

The consignment was not imported into India

The consignment was imported into India

The consignment will only be imported into India when it crosses the Indian custom barrier.

Solution

Question 8

'A' has caused apprehension of assult in the mind of 'B'

'A' has committed assault against 'B'

A has not committed assault against 'B'

'A' has caused fear of assault in the mind of 'B'

Solution

Question 9

Prakash can succeed in his claim as it is a case of actual damages

Prakash cannot succeed in his claim for damages, as it is a case of damage without infringement of any legal right

Prakash may succeed in his claim for damages, as it is a case of loss to his business

Prakash can succeed in his claim for damages, as it is case of damage as a result of infringement of his legal right

Solution

Question 10

Yes

No

At proper officer's discretion

None of the above

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