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legal reasoning doubts - get your doubt resolved on this thread

the following questions have been asked by Tanmayee Sahoo...see if any of you can answer these questions.

1.  subodh and manjeet hav been friends for long time .Manjeet, Who resides abroad ,comes down to see sobodh and the two agree to get married .just before the ceremony
Manjeet discover that  subodh suffers from EPILEPSY .she seeks to avoid
the contract on the basis of fraud.

PRINCIPLE
:-a person actively conceals a fact having knowledge of the fact ,with the intation to deceive or to induce a
person to enter into a contract is said to hav committed FRAUD.

(i)subodh has committed Fraud because he has not informe Manjeet of a material fact.
(ii)Subodh has committed fraud -manjeet being his friend and trusting
him to give the picture creates a duty on subodh 's part to disclose all
fact
(iii)subodh has not committed fraud because manjeeet shud hav taken care to ensure that subodh was healthy
(iv) subodh has   not committed  fraud because there was no active concealment on his part.


2. krishna and arjuna are arch enemies .once when arjuna's house is robbed
,he lodges  a criminal complaint reporting the same and in ordered to
take revenge and cause harm to krishna ,says that krishna is guilty of
the same .The police arrested krishna, investigates  the complaint and
makes a report to the  magistrate stating that krishna is not connected
with the crime .which results in the magistrate discharging krishna
.krishna sues arjuna for the tort of malicious procecution.

PRINCIPLE:-a person who institute a procecution against someone with out any reasonable cause for the same ,with a malicious intentation 
,is guilty of tort of malicuious procecution

(i) arjuna is guilty beause he made the complaint only to seek revenge against Krishna
(ii) arjuna is  guilty  because he didnt check before complaining that krishna was guilty of theft
(iii) arjuna is not guilty because krishna has not been procecuted .
(iv)none of the above

 thanking you

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right answer. any doubts? there are questions from past years NLS papers.



Mayank said:
X is Only Liable.....
sir bt in question one yashpal said that '"This is a government of scounderls bootleggers ans scamsters ."...so sir why it is not sedition???
probably because he's just expressing his opinion about the govt.,& don't overlook the fact that he's not instigating the crowd to take law into their own hands,only asking them to democratically oust the govt.


tanmayee sahoo said:
sir bt in question one yashpal said that '"This is a government of scounderls bootleggers ans scamsters ."...so sir why it is not sedition???
PRICIPLE:-mischirf is an injury to property with thre intention of causing wrongful loss to any person or public .The person to whom the losss is wrongly caused by mischief need not be the woner of the property him self.

FACT:-Amar has leased his house to akbar for 5 years.After one year Amar requests akbar to vacate the house but the letter refuses .Amar in ordered to get Akbar vacate the house cause fire to it but Akbar with the elp of neighbours extinguished the fire before it cold really damage the property.

i-Amar is guilty of mischief
ii-Amar is guilty of mischief and liable only to neighbour
iii-Amar is not guilty of mischief
iv-Amar was not guilty of mischief as there was no damage

2.PRINCIPLE:-A second suit willl not be heard on the same facts between the same parties .

FACT:-N files a suit against C for getting possession of a house on the ground that the property passed on to her through the will executed by S before his death.This suit get dismissed as N fails to produce the will .N files another suit against C th get the same house from the latter , on the ground that she was entitled to the house as being the nearest heir of S.

i-N will succeed as she is nearest heir of S
ii-N will not succeed as the facts in boyh the cases are same.
iii-N will succeed in two cases deal with different situations.
iv-N will succeed as the grount in the second case were not taken in the first one owing to the mistake of her advocate
Ans. 1- Amar z guilty of mischief
*mischief z defined in d princple as an injury 2 property wid d INTENTION of causing wrongful loss.. and an injury does happen here (do heed 2 d words used in d fact.. the sentence "before it could really damage d property" means though d fire dint cause a serious damage, but some damage must b der..)and certainly house was put on fire in mala fide... so, Amar z guilty


2- N will not succeed as d facts in both cases r same...
*both facts r similar.. moreovr N wont succeed as he could have pleaded d fact of being d nearest heir in d earlier case too..

tanmayee sahoo said:
PRICIPLE:-mischirf is an injury to property with thre intention of causing wrongful loss to any person or public .The person to whom the losss is wrongly caused by mischief need not be the woner of the property him self.

FACT:-Amar has leased his house to akbar for 5 years.After one year Amar requests akbar to vacate the house but the letter refuses .Amar in ordered to get Akbar vacate the house cause fire to it but Akbar with the elp of neighbours extinguished the fire before it cold really damage the property.

i-Amar is guilty of mischief
ii-Amar is guilty of mischief and liable only to neighbour
iii-Amar is not guilty of mischief
iv-Amar was not guilty of mischief as there was no damage

2.PRINCIPLE:-A second suit willl not be heard on the same facts between the same parties .

FACT:-N files a suit against C for getting possession of a house on the ground that the property passed on to her through the will executed by S before his death.This suit get dismissed as N fails to produce the will .N files another suit against C th get the same house from the latter , on the ground that she was entitled to the house as being the nearest heir of S.

i-N will succeed as she is nearest heir of S
ii-N will not succeed as the facts in boyh the cases are same.
iii-N will succeed in two cases deal with different situations.
iv-N will succeed as the grount in the second case were not taken in the first one owing to the mistake of her advocate
@avinash how can we assume that there may be some injury,its not clear in the fact...that is the reason why i m confused
even if anybody's building z wrongly put 2 fire, it z enough 4 being called a mischief!!

tanmayee sahoo said:
@avinash how can we assume that there may be some injury,its not clear in the fact...that is the reason why i m confused
because injury z caused in dis case

avinash said:
even if anybody's building z wrongly put 2 fire, it z enough 4 being called a mischief!!

tanmayee sahoo said:
@avinash how can we assume that there may be some injury,its not clear in the fact...that is the reason why i m confused
@ramanuj da.. plz post some legal reasoning questions...
these are not excatly LST's questions, they appeared in NLS papers in the past, so everyone uses them it seems :)

some of these questions are a bit confusing and and i always get tons of doubts on these particular questions.


Apoorva sharma said:
hey Tanmayee why are you asking LST's questioin??
ya ramanuj sir is correct ...these are frm NLSIU papers..
Reg question no 1, subodh did not have a duty to disclose facts about his health to manjeet but as a marriage is a civil contract, there must be transparency from both sides, right? Here subodh has concealed the fact that he is epileptic. If he concealed it knowing well that manjeet would not agree to marrying him if she knew about it then it is definitelly fraud. But the question does not make it clear whether subodh intentionally concealed the fact about his health or not. So the answer could be either ii or iv.

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