No writ would lie against Parliament, as the court has no authority to direct Parliament to enact or re-enact a law
The court can quash existing law if it violates fundamental rights and can direct Parliament to make a new law
C.
The court can quash the existing law if it violates fundamental rights but cannot direct Parliament to make a new lawPrinciple: Mens rea and actus reus must concur to result in a crime which is punishable by the law.
Facts: A and B went for shooting. A knows Z to be behind a bush. B does not know it. A induces B to fire at the bush. B fires and kills Z. Has an offence been committed?
A had mens rea but no actus reus. B had actus reus but no mens rea. no one is guilty.
A induced B to fire at the bush with the knowledge that Z is there. A is guilty of culpable homocide but B is not guilty of any offence.
Both A and B are guilty
Both A and B are guilty
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.
Ramu can be prosecuted for theft.
Ramu cannot be prosecuted for theft.
Ramu can be prosecuted for an attempt to theft.
Ramu can be prosecuted for an attempt to theft.
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.
Ramesh is liable for the murder
He is not liable for murder since it is a preparation alone.
He is liable for culpable homicide
He is liable for culpable homicide