491.

Principle: A master shall be liable for the fraudulent acts of his servants committed in the course of employment. However, the master and third parties must exercise reasonable care in this regard.

Facts: Rahul was a door to door salesman with United Manufacturing Company (the Company). The Company was manufacturing Water Purifiers. Rahul, along with the Company’s products, used to carry Water Purifiers manufactured by his Cousin in a local Industrial Estate. He used to sell the local product at a lower rate giving the impression to the buyers that he is offering a discount on the Company’s product. The Company Management detected the fraudulent activity of Rahul and dismissed him from service. Rahul still continued to carry on with his activity of selling the local product pretending that he was still a salesman of the Company. Several customers got cheated in this process. The fraud was noticed by the Company when the customers began to complain about the product. The customers demanded the Company to compensate their loss.

The Company is liable to the customers who purchased the local product from Rahul only till he remained as a salesman of the Company.
The Company is not liable as Rahul was dismissed by the Company.
The Company is liable to compensate all the customers as it did not inform the public about Rahul’s fraudulent conduct and the subsequent dismissal.
The Company is liable to compensate all the customers as it did not inform the public about Rahul’s fraudulent conduct and the subsequent dismissal.

64 Views

492.

Principle: According to law, a person is deemed to have attained the age of majority when he completes the age of 18 years, except in the case of a person where a guardian of a minor’s person or property has been appointed under the Guardians and Wards Act, 1890 or where the superintendence of a minor’s property is assumed by a Court of Wards. Indian law expressly forbids a minor from entering into a contract. Hence, any contract entered into by a minor is void-ab-initio regardless of whether the other party was aware of his minority or not. Further, though a minor is not competent to contract, nothing in the Contract Act prevents him from making the other party bound to the minor.

Facts: Lal executed a promissory note in favour of Gurudutt, aged 16 years stating that he would pay Gurudutt a sum of Rs. 2 Lakhs when he attains the age of majority. On attaining the age of 18, Gurudutt demanded the amount from Lal, who refused to pay. Gurudutt wants to take legal action against Lal. Identify the most appropriate legal position from the following

A promissory note duly executed in favour of a minor is not void and can be sued upon by him, because he though incompetent to contract, may yet accept a benefit.
Gurudutt should not have entered into a contract with Lal when he was a minor.
Lal was not aware of the fact that Gurudutt was a minor.
Lal was not aware of the fact that Gurudutt was a minor.

88 Views

493.

Principle: Assault is causing bodily injury to another person by use of physical force.

Facts: Rustum while entering into compartment of a train raised his fist in anger towards a person Sheetal, just in front of him in the row, to get way to enter into the train first but did not hit him. Rustum has:

committed an assault on Sheetal
insulted Sheetal
not committed an assault on Sheetal
not committed an assault on Sheetal

55 Views

494.
Principle: According to Sec. 2 of the Industrial Disputes Act, 1947, ‘Industrial dispute means any dispute or difference between employers and employers or between employers and workmen or between workmen and workmen, which is connected with the employment or non-employment or the terms of employment or with the conditions of labour of any person’.

Facts: The employees of DK Enterprises met the management and requested half a day leave to allow them to celebrate a lunar eclipse, which was going to happen two days later. The management refused the request. Does this situation amount to an ‘industrial dispute’?

Yes, because there is some difference of opinion it would be an industrial dispute.

No as declaring holidays is a prerogative of the employer. So no industrial dispute.

No as Lunar eclipse is unconnected with employment.

No as Lunar eclipse is unconnected with employment.

D.

No as Lunar eclipse is unconnected with employment.

84 Views

495.

Principle: When a person falsifies something with the intent to deceive another person or entity is forgery and is a criminal act. Changing or adding the signature on a document, deleting it, using or possessing the false writing is also considered forgery. In the case of writing/painting to fall under the definition, the material included must have been fabricated or altered significantly in order to represent something it is actually not.

Facts: David made a living traveling from city to city, selling paintings that he claimed Aglasem Admission were done by great artists. Since the artists’ signatures were in place, many people fell for them and purchased the paintings. One of these artists saw three of his alleged paintings in a City gallery containing his name. He knew these were not his works and he complained to the police. Police traced David and initiated legal proceedings. Is David guilty of any offence?

David is guilty of forgery as the addition of the signature was with an intention to make people believe that those were the paintings of the great artist.
There is no point in taking legal action against David as the signature has not done any alteration to the art work.
Those who buy the art pieces from David ought to have been careful in checking it and ensuring that they were originals before purchasing it.
Those who buy the art pieces from David ought to have been careful in checking it and ensuring that they were originals before purchasing it.

62 Views

496.

Principle: The Constitution of India guarantees certain fundamental rights to its citizens. The Constitution also provides that these rights cannot be taken away by state even by a law. For violation of this, the person adversely affected by the law mayapproach the High Court or the Supreme Court for the issuance of an appropriate writ.One of these rights includes the freedom to form association that implies the right to join an association or not to join such an association.

Facts: Owing to some industrial disturbances created by XATU, one of the several trade unions in AB Chemicals (Pvt) Ltd., the Company issued a circular to all its employees that as far as possible the employees may disassociate with XATU. Navin is an employee of AB Chemicals and the current General Secretary of XATU. Aggrieved by this circular, which affected the fundamental rights of his and other members of the Union, approaches the High Court of the state for a relief. Identify the most reasonable legal proposition.

The Company’s circular is illegal and has to be quashed by the Court.
The prohibition against any imposition of restriction against a fundamental right is not applicable to anybody other than the state and hence Navin will not get any relief from the High Court.
Circular issued by a Company amounts to law in the constitutional sense and hence the High Court can issue a writ as pleaded for by Navin.
Circular issued by a Company amounts to law in the constitutional sense and hence the High Court can issue a writ as pleaded for by Navin.

61 Views

497.

Principle: When a person interferes with peaceful possession of another person without the permission of the person in possession of those premises, commits trespass to land.

Facts: 'T' just walked over the land of 'P' to reach his house as it was a short cut. 'P' had displayed a notice that it is not a thoroughfare. 'P' did not cause any damage to the land.

'T' has violated privacy of 'P'
'T' has not committed any trespass on the land of 'P'.
'T' has committed trespass to land
'T' has committed trespass to land

60 Views

498.

Principle: A contract would be invalid and unlawful, if the contract is for an immoral or illegal purpose.

Facts: P, was a young and helpless widow, living on the pavement. R, a neighbour gave her a house, registered in her name, on the condition that she should allow R to keep his smuggled goods and drugs in her house. After the registration was done, according to the condition in the contract, R’s agents went to keep some packets in her house, she refused. R told her the condition under which the house was given to her. She still refused. Is P justified in her action?

P is not justified as she did not have the right to deny R’s request.
As R was making the contract for illegal activities, P’s stand is valid in law.
R can take back the house by cancelling the transfer deed.
R can take back the house by cancelling the transfer deed.

53 Views

499.

Principle: When a person falsifies something with the intent to deceive another person or entity is forgery and is a criminal act. Changing or adding the signature on a document, deleting it, using or possessing the false writing is also considered forgery. In the case of writing to fall under the definition, the material included must have been fabricated or altered significantly in order to represent something it is actually not.

Facts: John was a publisher of ancient books and papers. In one of his books on the World Wars, he gave photograph of some letters written by famous historic personalities. A researcher in history noted that in the pictures of some of the letters printed in the book, John had added some words or sentences in his own handwriting to give completeness to the sentences, so that the readers will get a clear picture of the writer’s Aglasem Admission intention. The researcher challenges the originality of those pictures and claims that the book containing the forged letters should be banned. Examine the validity of the researcher’s demand.

The additions in the letters were made by the publisher in his own handwriting would have made material alteration to the original meaning and hence amounted to forgery.
Allowing forged publications to be circulated among the public is as good as committing fraud on the public, so the publication should be banned.
As forgery amounts to adding or deleting anything from an original document, the demand of the researcher is valid.
As forgery amounts to adding or deleting anything from an original document, the demand of the researcher is valid.

52 Views

500.

Principle: Whoever takes away with him any minor less than sixteen years of age if a male, or less than eighteen years of age if a female, out of the custody of parents of such minor without the consent of such parents, is said to commit no offence.

Facts: ‘A’, a man, took away a girl below sixteen years to Mumbai without informing the parents of the girl.