List of top Legal Studies Questions

PRINCIPLE: Everybody is under a legal obligation to take reasonable care to avoid an act or omission which he can foresee would injure his neighbor. The neighbor for this purpose, is any person whom he should have in his mind as likely to be affected by his act.
FACT: Krishnan, while driving a car at high speed in a crowded road, knocked down a cyclist. The cyclist died on the spot with a lot of blood spilling around. Lakshmi, a pregnant woman passing by, suffered from a nervous shock, leading to abortion. Lakshmi filed a suit against Krishnan claiming damages.

PRINCIPLE: Preparation is not an offence except the preparation of some special offences.
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

PRINCIPLE: A person is said to be of sound mind for the purpose of making a contract if, at the time when he makes it, he is capable of understanding it and of forming a rational judgment as to its effect upon his interests.
FACT: Mr. X, usually of sound mind but occasionally of unsound mind, enters into a contract with Mr. Y when he is of unsound mind. Y came to know about this afterwards and now wants to file a suit against Mr. X.

PRINCIPLE: When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal.
FACT: Ramanuj telegrammed to the Shyamsunder, writing: “will you sell me your Rolls Royce CAR? Telegram the lowest cash price.” Shyamsunder replied by telegram: ‘Lowest price for CAR is Rs. 20 lacs.’ Ramanuj immediately sends his consent through telegram stating: ‘I agree to buy the CAR for Rs. 20 lacs asked by you.’ Now Shyamsunder refused to sell the CAR.

PRINCIPLE: Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent moves that property, such taking is said to commit theft.
FACT: RAMU cuts down a tree on RINKU’s ground, with the intention of dishonestly taking the tree out of RINKU’s possession without RINKU’s consent. A could not take the tree away.

PRINCIPLE:\( \textit{injuria sine damnum} \)i.e., injury without damage.
FACT: SONU, a returning officer at a polling booth, wrongly refused to register a duly tendered vote of MONU, a qualified voter. The candidate whom MONU sought to vote was declared elected.

PRINCIPLE: A master is liable for the acts committed by his servant in the course of employment.
FACT: Sanjay is a driver working in Brookebond and Co. One day, the Manager asked him to drop a customer at the airport and get back at the earliest. On his way back from the airport, he happened to see his fiancé Ruhina waiting for a bus to go home. He offered to drop her at home, which happened to be close to his office. She got into the car and soon thereafter, the car somersaulted due to the negligence of Sanjay. Ruhina was thrown out of the car and suffered multiple injuries. She seeks compensation from Brookebond and Co.

Principle: Strike is a collective stoppage of work by workmen undertaken in order to bring pressure upon those who depend on the sale or use of the products of work; whereas, lock-out is a weapon in the hands of the employer, similar to that of strike in the armory of workmen, used for compelling persons employed by him to accept his terms or conditions of or affecting employment. While in closure there is permanent closing down of a place of employment or part thereof, in lay-off an employer, who is willing to employ, fails, refused, or is unable to provide employment for reasons beyond his control. Facts: Workmen of a textile factory went on strike as per law, demanding he payment of bonus, Employer of the factory refused to pay any extra allowances, including bonus, and besides he closed down the factory till the strike was stopped.

Principle: Trade dispute means any dispute between employers and workers or between workmen and workmen, or between employers and employers which is connected with the employment or non-employment, or the terms of employment or the conditions of labour, of any person. Disputes connected with the non-employment must be understood to include a dispute connected with a dismissal, discharge, removal or retrenchment of a workman. Facts: ‘X’, an employee in a sugar factory, raised a dispute against ‘Y’, the employer, through trade union regarding certain matters connected with his suspension from the employment.

Principle: One of the principles of natural justice is Nemo Judex in causa sua, which means that no one should be a judge in his own case. In other words, no person can judge a case in which he has an interest. Facts: ‘X’, a member of the selection board for a government service, was also a candidate for selection for the same service. ‘X’ did not take part in the deliberations of the board when his name was considered and approved.

Principle: Where a person fraudulently or erroneously represents that he is authorized to transfer certain immovable property and professes to transfer such property for consideration, such transfer shall, at the option of the transferee, operate on any interest which the transfer may acquire in such property at any time during which the contract of transfer subsists. Facts: ‘A’, a Hindu who has separated from his father ‘B’, sells to ‘C’ three fields, X, Y and Z, representing that ‘A’ is authorized to transfer the same. One of these fields Z does not belong to ‘A’, it having been retained by ‘B’ on the partition; but on ‘B’s dying ‘A’ as successor obtains Z, and at that time ‘C’ had not cancelled the contract of sale.

Principle: Under the Transfer of Property Act, 1882 a property must be transferred by one living person to another living person. The Act deals only with transfer of property between living persons. Facts: ‘X’ wants to transfer his property to the presiding deity in a temple situated within the estate of ‘A’.

Principle: Where there is transfer of ownership of one thing for the ownership of some other thing it is called exchange; while transfer of ownership for consideration of money is called sale, whereas, without consideration it becomes gift. Facts: ‘A’ transfers his house worth 50 Lakhs to ‘B’ for a shopping building worth the same amount, as consideration from ‘B’.

Principle: 'Wrongful gain' is gain by unlawful means of property to which the person gaining is not legally entitled. 'Wrongful loss' is the loss by unlawful means of property to which the person losing it is legally entitled. Facts: 'X' takes away 'Y's watch out of 'Y's possession, without 'Y's consent and with the intention of keeping it.

Principle: Nothing is an offence by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm. Facts: 'X' takes a plain sheet of paper from 'Y’s drawer without 'Y’s consent to write a letter to his friend.

Principle: When an act which would otherwise be a certain offence, is not that offence by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, every person has the same right of private defence against that act which he would have if the act were that offence. Facts: 'X', under the influence of madness, attempts to kill 'Y'.

Principle: One of the essential conditions for a marriage between any two persons to be solemnized under the Special Marriage Act, 1954 is that at the time of the marriage the male has completed the age of twenty-one years and the female the age of eighteen years. If the said condition is not fulfilled such a marriage is null and void. Facts: 'A', a male aged twenty-two years, proposes to marry 'B', a female aged sixteen years, at Delhi in the month of June 2014 under the Special Marriage Act, 1954.

Principle: Under the Hindu Marriage Act, 1955 either the husband or the wife can move a petition for a decree of divorce on the ground of desertion. The term 'desertion' means desertion of the petitioner by the other party to the marriage for a continuous period of not less than two years immediately preceding the presentation of the petition, without reasonable cause and without the consent or against the wish of such party and includes the wilful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly. It is also said that desertion is withdrawal not from a place but from a state of things. Facts: Rohan, a technocrat, went to US in January 2011 for pursuing his higher studies for a period of three years. In fact, Rohan went to US with the consent of his wife Basanti, who stayed at her parents' home, and with a promise of his return to India upon the completion of his studies. From US he has quite often been in touch with his wife. Subsequently, Rohan has got a job there in US and he wishes to take his wife. She refuses to go to US and, in the meantime, she files a petition for a decree of divorce on the ground of desertion by her husband.

Principle: Under the Hindu Adoptions and Maintenance Act, 1956, no person shall be capable of being taken in adoption unless he or she is a Hindu, he or she has not already been adopted, he or she has not been married, unless there is a custom or usage applicable to the parties which permits persons who are married being taken in adoption, and he or she has not completed the age of fifteen years, unless there is a custom or usage applicable to the parties which permits persons who have completed the age of fifteen years being take in adoption. Fact: Vijay being natural father had given Tarun; a boy aged 10 Years, in adoption to Manoj in March 2010 in accordance with the Hindu Adoptions and Maintenance Act, 1956. In May 2012 Manoj gave Tarun in adoption to Sanjay. Subsequently in December 2013, Sanjay gave Tarun in adoption to Vijay.

Principle: Under copyright law, copyright subsists in original literary works also. A literary work need not be of literary quality. Even so prose, a work as an index of railway stations or a railway guide or a list of stock exchange quotations qualifies as a literary work if sufficient work has been expended in compiling it to give it a new and original character. Facts: Michael’s works hard enough, walking down the streets, taking down the names of people who live at houses and makes a street directory as a result of that labour.

Principle: Every person shall be liable to punishment under the Indian Penal Code and not otherwise for every act or omission contrary to the provisions of the Code of which he shall be guilty within the territory of India. In other words, the exercise of criminal jurisdiction depends upon the locality of the offence committed, and not upon the nationality or locality of the offender. Facts: 'X', a Pakistani citizen, while staying at Karachi, made false representations to 'Y', the complainant, at Bombay through letters, telephone calls and telegrams and induced the complainant to part with money amounting to over rupees five lakh to the agents of 'X' at Bombay, so that rice could be shipped from Karachi to India as per agreement. But the rice was never supplied to the complainant.

Principle: Whoever intentionally uses force to any person, without that person’s consent, in order to the committing of any offence, or intending by the use of such force to cause, or knowing it to be likely that the use of such force he will cause injury, fear or annoyance to the person to whom the force is used, is said to use criminal force to that other. Facts: 'A' has used criminal force to 'Z'.

Principle: When two or more persons agree to do, or cause to be done, (1) an illegal act, or (2) an act which is not illegal by itself, but by such agreement such persons are said to have been engaged in a criminal conspiracy to commit an offence. It is said that no consummation of the crime need be achieved or even attempted. Facts: 'X', 'Y' and 'Z' plan to kill 'D'. They agree that only one among them, that is 'Z', will execute the plan. In pursuance of it ‘Z’ buys a gun and loads it.

Principle: No act done in good faith for another’s benefit is an offence, even if harm results. Facts: 'A', a surgeon, in good faith tells a patient he cannot live. The patient dies from shock.

Principle: Furnishing false information knowingly to a public servant is an offence. Facts: Sawant, knowing of a murder in his estate, tells the Magistrate falsely it was a snake-bite accident.