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.
B.
MONU can sue SONU on the ground that he was denied to caste vote, which is a legal right.
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: Any direct physical interference with the goods in somebody’s possession without lawful justification is called trespass to goods.
FACT: A purchased a car from a person who had no little to it and had send it to a garage for repair. X, believing, wrongly, that the car was his, removed it from the garage
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.
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: Whoever, intending to take dishonestly and movable property out of the possession on 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 away.
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.
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.
PRINCIPLE: Everybody is under a legal obligation to take reasonable care to avoid and act or omission which he can foresee would injure his neighbour. The neghbor for this purpose, is any person whom he should have in his mind as likely to be affected by his act.
FACT: Krishnan, while driving a car at high speed in a crowded road, knocked down a cyclist. The cyclist died on the spot with a lot of blood spilling around, Lakshmi, a pregnant woman passing by, suffered from a nervous shock, leading to abortion. Lakshmi filed a suit against Krishnan claiming damages.
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.
