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--------------- Print Magazine --------------
  May 2016
  April 2016



1. Principle: Where an offence is committed by a company, every person who at the time, when the offence is committed, is responsible for the conduct of the business of the company, shall be deemed to be guilty of the offence and shall be liable to be prosecuted.
Factual Situation: X is employed as a peon in a Finance Company. The Company defrauds many people and all the Directors of the Company abscond. The police arrests X for the offence to fraud which is punishable with 7 years’ rigorous imprisonment.
(a)     X will be prosecuted for 7 years’ rigorous imprisonment.
(b)     X will not be prosecuted.
(c)     X will be prosecuted as he was in employment of the company when the offence was committed.
(d)    X cannot be prosecuted as he was not responsible for the conduct of the business of  the company.

The answer is (d).

2. Principle: Nothing is an offence, which is done by accident or misfortune and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.
Factual Situation: While Mr. X, a street worker was at work, a number of children gathered around him and asked him to make a cricket bat for them. Suddenly a piece of chopped wood flew and struck one child who was standing just two feet away from him as a result of which the child lost his one eye.
(a)     Mr. X is liable for causing injury to child.
(b)     Mr. X is not liable because it was merely an accident.
(c)     Mr. X  is not liable because children themselves gathered around him.
(d)    None of the above.

The answer is (b).

3. Principle: According to the provisions of Article 141 of the Constitution of India, the law declared by the Supreme Court is to be binding on all courts and sometimes the previous judgment of the Supreme Court can be overruled and reversed as per circumstances of the particular case in hand.
Factual Situation: A panel for appointment of primary teachers was prepared in 1980 for the District of Nadia, Kolkata in which 1965 candidates were included in the panel. Out of this panel, 600 were trained candidates, but only 5% of normal  vacancies in such schools were filled up by trained candidates, other candidates filed writ petitions for their regularization in posts. But their appointment was not ordered by the court. In a previous case of the same type the petitioners had been given relief by the court. Hence the counsel for the writ petitioner referred that case but the court did not accept his contention on the ground of judicial discretion on specific circumstantial issues.
(a)     The counsel will succeed as under Article 141 of the Constitution decision of a similar case becomes a precedent and becomes binding an all courts.
(b)     The counsel will not succeed as sometimes on different circumstantial grounds the court can overrule the precedents.
(c)     The counsel should compel the court as there is provision under Article 141 of the Constitution, and his contention should be accepted by the court.
(d)    The court can order a stricture to the counsel to present at least ten such type of precedents.

The answer is (b).

Which one of the given responses would be a meaningful order of the following words?
1.      Family
2.      Community
3.      Member
4.      Locality
5.      Country
(a)     3,1,4,2,5
(b)     3,1,2,4,5
(c)     3,1,2,5,4
(d)    3,1,4,5,2

The answer is (b).

If – stands for division,+ stands for multiplication, ÷ stands for subtraction and x stands for addition, then which one of the following equations is correct?
(a)     19+5-4X2÷4=11
(b)     19x5-4÷2+4=16
(c)     19÷5+4-2X4=13
(d)    19÷5+4+2 X4=20

The answer is (c).

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