151.

PRINCIPLE:-Whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished with imprisonment of either description for a term
which may extend to two years, or with fine, or with both.
FACTS:- A finds a diamond ring, not knowing to whom it belongs. He sells it immediately to a jeweller.

• A is guilty of Criminal Misappropriation.

• A is not guilty of Criminal Misappropriation

• A is guilty of cheating

• A is guilty of cheating

PRINCIPLE:- voluntary drunkenness is not a Defence under ss.85 and 86 of the Code. 
FACTS:- A has in his possession a bottle of poisonous lotion for external application and a bottle of medicine for internal use. A in a drunken condition gives to his child an ounce of the poisonous lotion to drink as result of which the child died. Is A guilty of any offence?

• A is guilty of' death caused by rash and negligent act.

• A is guilty of murder

• A is not guilty since he is in a drunken state.

• A is not guilty since he is in a drunken state.

PRINCIPLE:- Attempt to murder is punishable under S.307 IPC but preparation is not an offence.
FACTS:- A mixes sugar, thinking that it was poison in the tea meant for B with an intention to cause his death. What offence, if any, has been committed by A?

• A is not liable to be punished for any offence. 'A' has done only preparation, for the commission of crime

• A is liable for attempt to murder

• He is guilty of criminal conspiracy

• He is guilty of criminal conspiracy

PRINCIPLE:- By virtue of s. 330 of the Code, if a person voluntarily causes hurt for the purpose of extorting confession from the sufferer or any information which may lead to the detection of an offence, he shall be punishable with imprisonment of either description for a term which may extend to seven years and shall also be liable to fine
FACTS:- X, a police officer tortures Y, to tell him where the stolen property was kept by him. Has A committed any offence?

• X is not liable since he is discharging his duty.

• X is liable since the custodial torture is not part of duty

• X is not liable since the torture was to extract confession.

• X is not liable since the torture was to extract confession.

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'.
FACTS - Jeevan and Pavan were neighbour's in a 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 any kind of continuous noise. He filed a suit against Pavan.

• Pavan is liable, because he should not have started typing class in his house

• Pavan is liable, because as a neighbour, he should have realised Jeevan's delicate nature

• Pavan is not liable, because typing sound did not disturb anyone else other than Jeevan

• Pavan is not liable, because typing sound did not disturb anyone else other than Jeevan

PRINCIPLE:- Whoever wrongfully restrains any person in such a manner as to prevent that person from proceedings beyond certain circumscribing limits, is said "wrongfully to confine" that person.
FACTS:-A places men with fire arms at the outlets of a building, and tells B that he will fire at B, if B attempts to leave the building.

• A is guilty of wrongful restraints

• A is guilty of wrongful confinement

• A is not guilty since it is a preparation only

• A is not guilty since it is a preparation only

Principle: Intentional application of force to another person is actionable in law.
Facts : 'P' and 'D' are unknown to each other. When 'P' is about to sit on a chair, 'D' intentionally pulls it away as a result of which 'P' falls on the floor and is injured

• 'D' is not liable as 'P' is not seriously injured 
• 'D' is not liable as such jokes are common in the society
• 'D' is liable as he intentiomnally caused injury to 'P' 
• 'D' is liable as he intentiomnally caused injury to 'P' 

Principle: Law does not penalise for wrongs which are of trivial nature.
Facts : In the course of a discussion, 'A' threw a file of papers at the table which touched the hands of 'B'.

• 'A' is liable for his act, as it assaulted 'B'
•  'A' is liable for insulting 'B' 
• 'A' is not liable for his act, as it was of trivial nature 
• 'A' is not liable for his act, as it was of trivial nature 

Principle : Consent is a good defence in a civil action for tort but the act should be the same for which consent was given.
Facts : 'B' was formally invited by 'A' to his house. 'B' after sitting for some time in drawing room, moved to the bed room of the house. 'A' sued 'B' for tres- pass.

• 'B' has committed trespass as there was no consent of 'A' for entry in the bed room 
• 'B' has committed no trespass as he entered the house with' A' s consent 
• 'B' has interfered with privacy of 'A' 
• 'B' has interfered with privacy of 'A' 

Principle: One who dishonestly mis-appropriates or converts to his own use or sells any movable property belonging to another, is guilty of the offence of misappropriation.
Facts: 'A' takes property belonging to 'Z' out of 'Z's possession, in good faith, believing when he takes it, that the property belongs to himself. Subsequently, 'A' on discovering his mistake, without disclosing the actual facts, dishonestly sells the property to a stranger.

•  'A' may be guilty of theft but not for misappropriation 
• 'A' is guilty of an offence of misappropriation 
• 'A' is not guilty because when he took the property, he believed in good faith that it belonged to him 
• 'A' is not guilty because when he took the property, he believed in good faith that it belonged to him