List of practice Questions

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: 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.

Principle: Whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be guilty of a negligent act likely to spread infection of disease dangerous to life. Facts: 'K', a person, knowing he is suffering from Cholera, travels by a train without informing the railway officers of his condition.

Principle: Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, has committed an offence, which shall be punished in accordance with the law. Facts: 'X', a truck driver, driving his vehicle rashly and negligently at a high speed, climbed the footpath and hit 'Y', a pedestrian, from behind causing his death.

Principle: Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, commits the offence of culpable homicide. Facts: 'B' causes the death of 'A' by a violent act intending to cause bodily injury.

Principle: Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to take such taking, is said to commit theft. Facts: 'Z' going on a journey, entrusts his plate to the possession of 'A', the keeper of a warehouse, till 'Z' shall return. Then, 'A' carries the plate to a goldsmith and sells it.

Principle: Whoever makes any false document or part of a document with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery. Facts: 'A' without Z's authority, affixes Z's seal to a document purporting to be a conveyance of an estate from 'Z' to 'A', with the intention of selling the estate to 'B' and thereby obtaining from 'B' the purchase-money.

Principle: A master is liable for wrongful acts of a servant only if committed in the course of employment. Facts: 'D', a driver employed by 'M', picks a fight during his lunch break at a tea shop, causing damage. The injured party sues 'M' for compensation.

Principle: The Constitution of India guarantees the “right to life”, meaning the right to live with human dignity. This does not include the right to die. Facts: 'M', aged 90, lives alone without family and suffers from physical and mental distress, unable to afford medical expenses. He petitions for the right to die with dignity to avoid being a burden on society.

Principle: Trespass to land means direct interference with the possession of land without lawful justification, either by entering or by causing tangible objects to enter. Facts: 'A' throws stones onto neighbour 'B’s premises.

Principle: Nuisance is unlawful interference with a person’s use or enjoyment of land. Direct interference is trespass; consequential interference is nuisance. Facts: 'A' plants a tree on his own land, but its branches extend over the land of 'B'.

Principle: Interference with another’s goods so as to deny the latter’s title amounts to conversion, a civil wrong. It is an intentional act inconsistent with the owner’s rights, even without an intention to take or keep the property. Facts: 'R' went to a cycle stand to park his bicycle. Seeing it full, he moved some bicycles, including 'S’s bicycle, to make space. In a hurry, 'R' did not put back 'S’s bicycle. Someone took 'S’s bicycle, as the watchman did not realize it was part of the stand. 'S' sues 'R' for conversion.

Principle: An act done by a person who is bound by law to do it is not an offence. Facts: 'A', a police officer, without a warrant, apprehends 'Z', who has committed murder.

Principle: When a criminal act is done by several persons in furtherance of a common intention, each is liable as if he alone committed it. Facts: Roshan, with friends Tushar and Tarang, went to Darshan’s house to avenge an insult. They opened fire; Tushar and Tarang’s shots killed Darshan, Roshan’s shots missed.

Principle: \textit{Caveat emptor} — "let the buyer beware" — means the buyer is responsible for assessing the suitability and quality of goods before purchase. Facts: 'A' bought dark blue cloth from 'B' to make uniforms but did not inform 'B' about its specific purpose. The cloth was later found unfit for uniforms but suitable for other uses.

Principle: The transferor of goods cannot pass a better title than what he himself possesses. Facts: 'X' sells a stolen bike to 'Y', and 'Y' buys it in good faith.

Principle: Negligence is a breach of duty to exercise reasonable care, resulting in injury or loss to another. Liability arises if the duty is owed and breached. Facts: 'D' bought a sealed can of soft drink, consumed some, and then poured the rest into a tumbler. A decomposed snail was found in the drink. 'D' fell ill and sued the manufacturer for negligence.

Principle: Invasion of a legal right allows the aggrieved person to claim damages even without proof of actual loss. Facts: ‘A’, a qualified voter, was wrongfully refused the right to vote. His candidate still won the election. ‘A’ sued for damages.

Principle: In a civil defamation suit, truth is a complete defence if proven by the defendant; the burden of proof is on the defendant. Facts: ‘D’, editor of a local weekly, published articles alleging that ‘P’, a government servant, was corrupt and accepted bribes. ‘P’ sued for defamation. ‘D’ failed to prove the truth of the allegations.

Principle: A gift comprising both existing and future property is void as to the latter. Facts: 'X' owns a house. He contracted to purchase a plot of land adjacent to the house, but the sale of the plot was yet to be completed. He gifted both the house and the plot of land to 'Y'.

Principle: Consent is free when it is not caused by coercion, undue influence, fraud, misrepresentation, or mistake. When consent is caused by coercion, the agreement is voidable at the option of the party whose consent was so caused. Facts: 'X' threatens to gun down 'Y' if 'Y' does not sell his property worth Rs. 20,00,000 for Rs. 1,00,000. 'Y' agrees to sell.