कानुन प्रवेश – Legal Reasoning, संविधान, English, GK

कानुन प्रवेश: प्रश्न र उत्तर

सही लागेको विकल्पमा थिच्नुहोस्। सही भए हरियो, गलत भए रातो देखिन्छ; ३ सेकेन्डपछि सही उत्तर र व्याख्या देखिन्छ।

सही: ० / ०

1421. Principle: No action lies in nuisance where the harm arises only because the claimant's use of his property is abnormally sensitive. Facts: B stores a special heat-sensitive paper in his rented basement. Ordinary heating in A's premises above makes the paper dry out and lose value, though it would not harm ordinary paper or the occupants. Decide.

      कA is liable for private nuisance खA is liable for trespass गA is liable under strict liability घA is not liable, as the harm arose only from B's abnormally sensitive use
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1422. Principle: The writ of mandamus is issued to compel a public authority to perform a public legal duty it has failed to perform. Facts: An applicant meets every legal requirement for a licence, but the licensing authority refuses to issue it for no lawful reason. Which writ is the most appropriate remedy?

      कHabeas corpus खQuo warranto गMandamus घProhibition
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1423. Principle: No one should be condemned unheard. Facts: A civil servant is dismissed from service without being informed of the charges against him or being given an opportunity to defend himself. Decide.

      कThe dismissal violates the principles of natural justice खThe dismissal is valid because the employer has full discretion गThe dismissal is valid if the charges are true घThe dismissal is valid because he is a government employee
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1424. Principle: No one should be a judge in his own cause. Facts: A judge hears and decides a case in which a company owned by him is one of the parties. Decide.

      कThe decision is valid if the judge is honest खThe decision is valid because judges are presumed impartial गThe decision can be challenged only by the State घThe decision is liable to be set aside for bias
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1425. Principle: Equality before the law permits reasonable classification based on an intelligible difference that has a rational connection with the object of the law. Facts: The government launches special scholarships only for students from economically disadvantaged families to improve access to higher education. A wealthy student challenges it. Decide.

      कThe scheme is invalid, as it treats students unequally खThe scheme is invalid, as all scholarships must be open to all गThe scheme is valid only if wealthy students also receive scholarships घThe scheme is valid, being a reasonable classification
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1426. Principle: No person shall be subjected to a punishment greater than that prescribed by the law in force when the offence was committed. Facts: When A committed an offence, the maximum penalty was one year's imprisonment. Before his trial ends, the law is amended to raise the maximum to three years. The court sentences A to three years. Decide.

      कThe sentence is invalid beyond one year खThe sentence is valid as the new law applies at trial गThe sentence is valid because the offence is serious घA must be acquitted altogether
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1427. Principle: No person shall be punished for an act that was not punishable by law when it was committed. Facts: A did an act in 2075 B.S. that was lawful at that time. A law passed in 2078 B.S. made such acts punishable, and A is now prosecuted. Decide.

      कA can be punished under the new law खA can be punished with a reduced sentence गA cannot be punished for the act घA can be punished if the act was immoral
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1428. Principle: No person accused of an offence shall be compelled to be a witness against himself. Facts: Police torture an accused until he confesses, and the prosecution relies only on that confession. Decide.

      कThe confession violates the right against self-incrimination and cannot be relied upon खThe confession is valid because the accused spoke the words himself गThe confession is valid if recorded in writing घThe confession is valid if the crime is serious
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1429. Principle: No person shall be prosecuted or punished for the same offence in a court more than once. Facts: A was tried, convicted and has served his sentence for a particular theft. The State now files a fresh case against him for the same theft. Decide.

      कThe fresh prosecution is valid, as the State is the complainant खThe fresh prosecution is barred गThe fresh prosecution is valid if new evidence is found घA can be tried again but not punished
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1430. Principle: An employer is liable for an employee's wrong done while carrying out his authorised work, even if he does it in a manner the employer has expressly prohibited. Facts: A bus company forbids its drivers to race other buses. While driving on his route, its driver races a rival bus and causes an accident. Decide.

      कThe company is not liable, as racing was prohibited खThe company is liable for the accident गOnly the driver is liable घThe rival bus company is liable
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।