In a recent case a Supreme Court bench comprising of justice Dipak Misra and Justice Parafulla C pant held that the amount of maintenance to be awarded under Section 125 of CrPC cannot be restricted for the ideate period (three months) only as the inherent and fundamental principal behind section 125.
Also, it said that an order under Section 125 CPC can be passed if person, despite having sufficient means, neglects or refuses to maintain the wife.
Select the correct statements on Social Justice Bench constituted on social issue
1. Constituted by Supreme Court on 3 December 2014
2. Started operation on 12 December 2014
3. The brainchild of Chief Justice of India H L Dhattu
4. Two-judge bench to be headed by Justice Madan B Lokur
5. The other member is Justice U Lalit
Principle : Intentional application of force to another person is action able 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 liable as he intentinally caused injury to P
D' is not liable as such jokes are common in the society.
D' is not liable as such jokes are common in the society.
Principle :
1. Wagering agreement are void.
2. Collateral agreement to wagering contracts are valid.
Facts : XYZ Bank lends Rs. 40,000 to Sabu in order to enable him to award as prize to Randeep who is the winner of horse race. Later Sabu refused to pay the prize stating that horse racing is wagering agreement. Can XYZ Bank recover money from Sabu.
Yes it is only a collateral agreement to horse racing and therefore the bank can recover the money from Sabu
Horse racing is illegal and therefore XYZ Bank cannot recover anything from Sabu.
No, as it is as wagering contract.
No, as it is as wagering contract.
Principle: The communication of a proposal is complete when it comes to the knowledge of the person to whom it is made.
Facts : 'A' sent a letter making a proposal to 'B' to purchase the hous e of 'B'.
The communication of proposal is complete when 'B' reads the letter.
The communication of proposal is complete when A sent the letter.
The communication of proposal is complete when B's wife received it.
The communication of proposal is complete when B's wife received it.
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 t able which touched the hands of 'B'.
'A' is liable for his act, as the file touched 'B's hand.
'A' is liable for his act, as it assaulted 'B'.
'A' is liable for insulting 'B'.
'A' is liable for insulting 'B'.
D.
'A' is liable for insulting 'B'.
Principle: A person is said to have committed assault when an apprehension is caused in the mind of a person that he is about to use ph ysical force against his body.
Facts: 'A' abuses 'B' while he was sitting in a moving train, by aggressively shaking his fists when 'B' was standing on the railway platform at a distance.
'A' has caused apprehension of assault in the mind of 'B'.
'A' has committed assault against 'B'.
A has not committed assault against 'B'.
A has not committed assault against 'B'.
Principle: Nothing is an offence which is done by a child under twelve years of age, who has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct on that occasion.
Facts: Himesh, 11 years old boy, picks up a gold ring worth Rs 5000/-lying on a table in his friend's house and immediately sells it for Rs 2000/-, and misappropriates the money.
Himesh would not be protected under the principle stated above because, irrespective of the age, stealing is an offence.
Himesh would be protected under the principle stated above because he is below 12 years of age.
Himesh would be protected under the principle stated above because his acts show that he was not sufficiently mature to understand the nature and consequences of his conduct.
Himesh would be protected under the principle stated above because his acts show that he was not sufficiently mature to understand the nature and consequences of his conduct.
Principle: Letters or words not describing quality of things can be registered as a trade mark.
Facts: Ram made an application for registration of alphabet 'B' written in a fancy style as trade mark to be applied on packets and cartons of shoes manufactured by him.
The alphabet 'B' can be registered as trade mark because it describes the quality of things.
The alphabet 'B' cannot be registered as trade mark because it is an English letter.
The alphabet 'B' can be registered as trade mark.
The alphabet 'B' can be registered as trade mark.
Principle: Existence of all the alleged facts is relevant, whether they occurred at the same time and place or at different times and places.
Facts: 'A', a citizen of England, is accused of committing murder of 'B' in India by taking part in a conspiracy hatched in England.
Only the fact that 'A' citizen of England is accused of committing murder of 'B' in India is relevant.
'A' citizen of England cannot be tried in India.
Only the fact that 'A' is accused of conspiracy hatched in England is relevant.
Only the fact that 'A' is accused of conspiracy hatched in England is relevant.