Legal Principle: The subjectmatter of theft must be movable property, or goods. Such property may be of every description except Land and Buildings and things attached to earth or permanently fixed to anything which is attached to the earth. The immovable property is said to be movable one when it is severed from earth and it is capable of being carried out. It is said to be immovable when it is permanently attached to earth.
Factual Situation: A and B are two neighbours and their landed properties are demarcated with the mounds. A tamarind tree grew on the middle of the mound. One day A for purpose of perfecting demarcation with the fences, cut down tamarind tree in the absence of B. After some time B coming to know the fact, asked A about the felling of tree and a clash ensued between A and B. B thereafter lodged a written complaint against A in local Police Station. The police called for A but A being apprehended by police absconded for some months. The police registered a case of theft against A and filed a charge sheet in the Local Court of jurisdiction. Later A was arrested and the case was tried. A’s brother engaged a lawyer to defend A in the court for his release.
(a) A shall not be prosecuted on the ground of defence that he had only cut down the tree and had not taken away or had not fenced the mound.
(b) A shall be prosecuted though his lawyer defended that his client had only cut down the tree and had not removed the tree.
(c) A shall not be prosecuted on the ground of defence that the theft is subject to movable property and the tree was immovable one.
(d) A shall be prosecuted on the ground that the offence of theft becomes complete when there is dishonest removal of movable property out of possession of any person without his consent. Further theft is an offence against possession and not against ownership. Again there was no clear cut possession of A only. There was joint possession of both A and B upon the tree. Further again, the tree becomes the subject of theft whenever it becomes movable though not actually removed.
The answer is (d).
A Statement is followed by two Arguments numbered I and II. Give answer (a) if only argument I is strong. Give answer (b) if only argument II is strong. Give answer (c) if either I or II is strong. Give answer (d) if neither I nor II is strong.
Statement: Should LL.M. Degree be completely stopped for some years?
I. No. It will hamper the progress in legal profession.
II. Yes. It will reduce educated unemployment in legal faculty.
The answer is (d). Because none is strong. The temporary stopping of LL.M. Degree will not hamper the progress in legal profession. Although it will reduce educated unemployment, it will then increase uneducated unemployment.
All the senior students of a Law School are participants of seminars or moot courts or both. If 90 students are in moot courts and 70 in the seminars, how many are in both seminars and moot courts?
The answer is (b).