LEGAL PRINCIPLE: Agreements, the meaning of which is not certain, or capable of being made certain, or illegal, are void.

FACTUAL SITUATION: A. Rammappa, a businessman of Bangalore agreed to sell M Swaminathan, a white elephant for rupees 1,00,000.
A. Rammappa knows it is illegal under Wild Life Protection Act.

DECISION:

LEGAL PRINCIPLE: All citizens shall have the right to freedom of speech and expression.

FACTUAL SITUATION: Balwant Singh, a famous writer of a book, criticized a book published by Salman: “Salman’s book is foolish, he is a weakman, his book is indecent, his mind i impure, he is not a good character, he should write decent and good book.”

QUESTION: Whether Balwant Singh can be liable or not?

FACTUAL SITUATION: Ravi and Rahul share a room in youth hostel. One day, Rahul leaves the room and sees that his three friends Kunal, Abhishek and Bunty are quarrelling outside the youth hostel. Suddenly, Kunal stabs Abhishek with a knife. Rahul is horrified and to his room and tells about the incident to Ravi. After some time, the police reaches the hostel and asks questions from students. The police asks questions to Ravi also. Ravi tells the police that Kunal stabbed Abhishek.
DECISION:

LEGAL PRINCIPLE: Any person who gives false information before police or Court is punishable under Indian Penal Code as well as under Criminal Procedure Code.

FACTUAL SITUATION: Magni Ram, a village watchman, knowing that considerable body of strangers has passed through his village in o Horder to commit a dacoity in the house of Ram Jatan Singh, a wealthy landlord, residing in a neighbouring place. Magni Ram has personal Fenmity with Ram Jatan Singh, so he informed the Police Station next day morning that a body of suspicious characters passed through the village do with a view to commit dacoity. After proper investigation it was found the Magni Ram gave false information to Police Officers.

QUESTION: Whether Magni Ram commit any offence or not.

LEGAL PRINCIPLE: No one can pass a better title on goods than he himself has on that goods. An agent can do na whatever the principal can do.

FACTUAL SITUATION: Jewellery Shop and Company buys gold and gold ornaments and also sells gold and new ornaments. This company buys gold from X worth? One lakh in the form of ornaments. These ornaments were melted into gold bullion. This gold bullion was sold to Chanda and Company, another jeweller, who manufactured new ornaments from that gold and sold it to Ms. Agarwal.
DECISION:
Ms. Agarwal’s title on the ornaments is better title

LEGAL PRINCIPLE: Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called “dowry death”, and such husband or relative shall be deemed to have caused the death. Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.

QUESTION: What are the conditions for punishment of offence of dowry death?

LEGAL PRINCIPLE: Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years or with fine; or with both.

FACTUAL SITUATION: Two buses under DTC operation were trying to overtake each other on the Ring Road. Nearing a cross-road from where a turn had to be negotiated, one of the two buses collided with a lorry, overturned and plunged into a pond resulting in the death of a few occupants of the bus and injuries to others.

QUESTION: Is the driver guilty of offence of causing death by negligence?

LEGAL PRINCIPLE: Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or commission cause or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat”.

FACTUAL SITUATION: A falsely pretending to be an Army General, intentionally induces B to let him have goods worth 20,000 on credit from his shop. A has no settled employment or bank balance on the day of the transactions.

QUESTION: Is A guilty of cheating in this case?

LEGAL PRINCIPLE: “Benami” transaction means a transaction in which property is transferred to one person for a consideration paid by another. This law does not apply if purchase is made by a person in favour of his wife or unmarried daughter. Any person who enters into a Benami transaction shall be punished with imprisonment for 3 years.

FACTUAL SITUATION: Mahendra a rich industrialist buys a plot of land in the name of his concubine.

QUESTION: Is Mahendra liable to prosecution?

LEGAL PRINCIPLE: Every partner in partnership firm is liable for the act of every other partner during the course of business of the partnership firm.

FACTUAL SITUATION: “A” a partner in the firm “XYZ” with another partner “B” takes loan from a bank for the partnership firm. A misuses the fund for his personal use. B is a very resourceful person Can the Bank demand the entire money from B?