Multiple Choice QuestionsPrinciple: 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 cause. 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: 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 armoury 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 or refuses or is unable to provide employment for reasons beyond his control.
Facts: Workmen of a textile factory went on strike as per law, demanding the 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 workmen 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:Ignorantiajuris not excusat and ingnorntiafacitexcusat.
FACT: George was passenger from Zurich to Manila in Swiss plane. When the plane landed at the airport at Bombay on 28th Nov 1962 it was found on searct that George carried 34 Kgs of gold bars in Person and that he had not declared it in the ‘Manifest for transit’. on 26th Nov.1962 Government of India issued a notification and modified its earliest exemption and now it is necessary that, the gold must the declared in the “Manifest” of the aircraft.
PRINCIPLE: Nuisance as a tort (Civil wrong) means an unlawful interference with a person’s use of enjoyment of land, or some right over, or in connection with it.
FACT: During the scarcity of onions, long queues were made outside the defendant’s shop who having a license to sell fruits and vegetables used to sell only 1 kg. of onion per ration cart. The queues extended on the highway and also caused some obstruction to the neighbouring shops. The neighbouring shopkeepers brought and action for nuisance against the defendant.
PRINCIPLE: Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong of contrary of law.
FACT: A takes his son B who is three years old, for a bath to the well. He throws his son inside the well so that he could have a good bath. After 10 minutes he also jumped in the well to take bath and take his son out of the well. Both were rescused by the villagers but his son was found dead.
PRINCIPLE:“Nobody shall unlawfully interfere with a person’s use or enjoyment of land, or some right over, or in connection with it. The use or enjoyment, envisaged herein, should be normal and reasonable taking into account surrounding situation.”
FACT: Jeevan and Pavan were neighbours in residential locality. Pavan started a typing class in a part of his house and his typing sound disturbed Jeevan who could not put up with and kind of continuous noise. He filed a suit against Pavan.
PRINCIPLE: Mere silence as to facts likely to affect the willingness of a person to enter into a contract is not fraud, unless the circumstances of the case are such that, regard being had to them, it is the duty of the person keeping silence to speak, or unless his silence is, in its self, equivalent to speech.
FACT: A sells, by auction, to B, a horse, which A knows to be unsound. A says nothing to B about the horse’s unsoundness.
PRINCIPLE: Injuria sine Damnum i.e. injury without damage.
FACT: SONU, who was returning officer at a polling booth, wrongly refused to register a duly tendered vote of MONU, though he was qualified voter, The candidate, whom MONU sought to vote, was declared elected.
PRINCIPLE: Doctrine of Double Jeopardy: No person shall be prosecuted and punished for the same offence twice.
FACT: Maqbool brought some gold into India without making any declaration to Custom Department on the airport. The custom authorities confiscated the gold under the Sea Customs Act. Maqbook was later charged for having committed an offence under Foreign Exchange Regulation Act.
