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A' is the owner of a furniture shop and 'B' is employed in that shop as a delivery-man. In which of the following cases, 'A' would be liable in a suit filed by the injured plaintiff 'C' for the action of 'B'?<br>Case 1. One day, 'B' was on his delivery route when he met his friend 'D'. 'D' requested 'B' to drop him at the railway station as he was getting late for the train. 'B' drove very fast and while returning back from the railway station, 'B' negligently ran over 'C'.<br>Case 2. One day, 'B' was on his delivery route when he met 'D'. As both had met after long time, 'B' decided to have lunch with his friend 'D'. 'B' drove out of his way to a nearby restaurant and had lunch there. While driving back from there, 'B' negligently ran over 'C'.
A
'A' is liable in both cases
B
'A' is not at all liable
C
'A' is liable only in Case 1
D
'A' is liable only in Case 2
Correct Answer:
'A' is liable only in Case 2
In a suit filed by the plaintiff, the defendant in his written statement has taken the objection of non-impleadment of necessary party. Despite such objection the plaintiff continued the suit and the suit finally was decreed. At the first appellate stage, the plaintiff withdraws the suit with liberty to file a fresh one on the same cause of action and subsequently filed a fresh suit. The period spent by the plaintiff in the earlier suit, under section 14 of Limitation Act is
A
Liable to be excluded on the ground that the plaintiff was prosecuting the earlier suit with due diligence and in good faith
B
Not liable to be excluded as the plaintiff cannot be said to be prosecuting the earlier suit with due diligence and in good faith
C
Liable to be excluded under section 14(3) of Limitation Act
D
To be excluded or not to be excluded is in the discretion of the court
To constitute a matter of res judicata which of the following conditions must concur?
1. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually (section 11, explanation III) or constructively (section 11, explanation IV) in the former suit
2. The former suit must have been a suit between the same parties under whom they or any of them claim. Explanation VI of Section 11 must be read with this condition
3. The parties as aforesaid must have litigated under the same title in the former suit
4. The court which decided the former suit must have been a court competent to try the subsequent suit of the suit in which such issue has been subsequently raised. Explanation II of section 11 is to be read with condition
5. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the first suit. Explanation V of section 11 is to be read with this condition
A
1, 2
B
3, 4
C
2, 4, 5
D
All of these
In a suit for partition, a Memorandum of Family Settlement is filed and on this basis the partition suit is decreed, but even after disposal of the suit the original Memorandum of Family Settlement remains in the file of the partition suit, then in such situation whether in a suit for eviction by one of the original co-owner of a tenant of a shop of the joint property which has fallen to the share of that co-owner as per the decree passed on the Memorandum of Family Settlement, can the certified copy of the Memorandum of Family Settlement be filed and proved as a public document in the suit against the tenant?
A
No, it cannot be because the original Memorandum of Family Settlement document which exists in the suit for partition which is disposed of, is a private document and not public document under Section 74 of the Evidence Act
B
Yes, if a certified copy is obtained of the Memorandum of Family Settlement, and filed in the suit against the tenant, as the certified copy being issued by a court, is a public document
C
Yes, certified copy obtained from a court of the Memorandum of Family Settlement will be a public document provided that the suit was filed and disposed of by a High Court and not the District Court
D
Yes provided the certified copy of the Memorandum of Family Settlement is sought to be proved by the executants of the memorandum of settlement
Principle: A defendant is liable for all direct consequences of his act or omission, which he could have reasonably foreseen as naturally flowing from his action.
Factual Situation: A bus driver was driving a bus along the BRT corridor in New Delhi. At a Bus stand he carelessly drove the bus resulting in hitting a railing and crushing a Marshall on duty at the spot. A lady standing at a distance, on hearing about the accident rushed to the spot and saw the injured covered in blood, hanging on a piece of the railing. The sight terrified the lady and as a result she fainted and had to be treated for nervous shock. The lady on recovery filed a suit for compensation against the driver and the owner of the bus.
A
She will succeed as the accident sight was really shocking and any body would have collapsed on seeing it
B
She will succeed only against the driver and not against the owner of the bus who did not foresee the accident
C
She will not succeed as the driver could not have foreseen the illness of the lady who came to the site
D
She will not succeed as she voluntarily went to the accident site
A theft had been committed in the defendant's house. He informed the police that he suspected the plaintiff for the same. Therefore the plaintiff was arrested by the police. A complaint was filed by the defendant but the plaintiff was subsequently discharged by the magistrate as the final report showed that there was no evidence connecting the plaintiff with the theft. The plaintiff filed a suit for damages on the ground of malicious prosecution.
In the above case, which one of the following decisions is correct?
A
The plaintiff is entitled to claim damages from the defendant
B
The plaintiff is entitled to claim damages from the police
C
The plaintiff is entitled to claim damages from both
D
The plaintiff is not entitled to claim damages for malicious prosecution at all
Principle: A plaintiff who suffers some injury will be entitled to receive compensation even if he suffers no loss.
Factual Situation: Reddy was a strong political worker of Party X. He was proceeding to the poling booth at about 7:30 am, to cast his vote in favour of Mr. Naik, his party candidate. On the way, the State Police officials suspected Reddy to be an anti-social element and took him into custody for questioning. Reddy pleaded with the officials that he was a genuine voter and had no previous criminal records and requested them to allow him to cast his vote. The officials allegedly detained him in custody till about 4:45 pm and thereafter released him, recording that they could not find any thing against him. By the time Reddy reached the poling booth the polling time was over and he could not vote for Mr. Naik. When the results were declared Mr. Naik got a Majority of over 6000 votes and Party X got the majority to form the Government. Reddy files a suit for compensation against the State.
A
Reddy will succeed as the police could not prove anything against him
B
Reddy will succeed as his right to vote was denied by the police
C
Reddy will not succeed as his candidate won the election and therefore there is no cause of action against the police
D
Reddy will not succeed as the police can arrest a suspected criminal
Read the passage carefully and choose the best answer to each question out of the four alternatives and click the button corresponding to it. Reporters and city officials gathered at a Chicago railroad station one afternoon in 1953. The person they were meeting was the 1952 Nobel Peace Prize winner. A few minutes after the train came to a stop, a giant of a man - six feet four inches - with bushy hair and a large moustache stepped out from the train. Cameras flashed. City officials approached him with hands outstretched. Various people began telling him how honoured they were to meet him. The man politely thanked them and then, looking over their heads, asked if he could be excused for a moment. He quickly walked through the crowd until he reached the side of an elderly black woman who was struggling with two large suitcases. He picked up the bags with a smile, escorted the woman to a bus. After helping her aboard, he wished her a safe journey. As he returned to the greeting party he apologized, "Sorry to have kept you waiting." Not many whites would have done what he did. The man was Dr. Albert Schweitzer, the famous missionary doctor who had spent his life helping the poor in Africa. In response to Dr. Schweitzer's action, one member of the reception committee said with great admiration to the reporter standing next to him, "That's the first time I ever saw a sermon walking."
Dr. Albert preferred to let his actions _____ .
A
speak louder than his words
B
be admired
C
be advertised
D
be written about
Rita and Meeta both are having lunch boxes of a cuboid shape. Length and breadth of Rita's lunch box are 10% more than that of Meeta's lunch box, but the depth of Rita's lunch box is 20% less than that of Meeta's lunch box. The ratio of the capacity of Rita's lunch box to that of Meeta's lunch box is :
A
11 : 15
B
15 : 11
C
121 : 125
D
125 : 121
Read the passage carefully and choose the best answer to each question out of the four alternatives and click the button corresponding to it. Reporters and city officials gathered at a Chicago railroad station one afternoon in 1953. The person they were meeting was the 1952 Nobel Peace Prize winner. A few minutes after the train came to a stop, a giant of a man - six feet four inches - with bushy hair and a large moustache stepped out from the train. Cameras flashed. City officials approached him with hands outstretched. Various people began telling him how honoured they were to meet him. The man politely thanked them and then, looking over their heads, asked if he could be excused for a moment. He quickly walked through the crowd until he reached the side of an elderly black woman who was struggling with two large suitcases. He picked up the bags with a smile, escorted the woman to a bus. After helping her aboard, he wished her a safe journey. As he returned to the greeting party he apologized, "Sorry to have kept you waiting." Not many whites would have done what he did. The man was Dr. Albert Schweitzer, the famous missionary doctor who had spent his life helping the poor in Africa. In response to Dr. Schweitzer's action, one member of the reception committee said with great admiration to the reporter standing next to him, "That's the first time I ever saw a sermon walking."
Dr. Albert Schweitzer was the winner of the _____ .
A
Nobel Prize in 1952 for Medicine
B
Nobel Prize in 1952 for Peace
C
Nobel Prize in 1952 for Chemistry
D
Nobel Prize in 1953 for Peace
Read the passage carefully and choose the best answer to each question out of the four alternatives and click the button corresponding to it. Reporters and city officials gathered at a Chicago railroad station one afternoon in 1953. The person they were meeting was the 1952 Nobel Peace Prize winner. A few minutes after the train came to a stop, a giant of a man - six feet four inches - with bushy hair and a large moustache stepped out from the train. Cameras flashed. City officials approached him with hands outstretched. Various people began telling him how honoured they were to meet him. The man politely thanked them and then, looking over their heads, asked if he could be excused for a moment. He quickly walked through the crowd until he reached the side of an elderly black woman who was struggling with two large suitcases. He picked up the bags with a smile, escorted the woman to a bus. After helping her aboard, he wished her a safe journey. As he returned to the greeting party he apologized, "Sorry to have kept you waiting." Not many whites would have done what he did. The man was Dr. Albert Schweitzer, the famous missionary doctor who had spent his life helping the poor in Africa. In response to Dr. Schweitzer's action, one member of the reception committee said with great admiration to the reporter standing next to him, "That's the first time I ever saw a sermon walking."
Dr. Albert delighted _____ .
A
in being helped by others
B
in not being honoured
C
in being honoured
D
in helping others