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CBSE Questions for Class 11 Commerce Legal Studies Judiciary - Constitutional Civil Criminal Courts And Processes Quiz 9 - MCQExams.com
CBSE
Class 11 Commerce Legal Studies
Judiciary - Constitutional Civil Criminal Courts And Processes
Quiz 9
The salaries of the Judges of the Supreme Court of India __________________.
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can never be reduced under any circumstances
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can be reduced during their term of office
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cannot be reduced during the term of their office except during a financial emergency
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are fixed by President of India
Explanation
Article 360 provides for the imposition of Financial emergency if the President is satisfied that the situation has arisen where the financial stability or the credit of India is in danger. The effect of this emergency can reduce the salary of public servants including the judges of Supreme Court and High Court.
Which of the following is incorrect regarding Supreme Court?
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It has the power to punish by fine and imprisonment any person guilty of contempt of its authority
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It is a court of record and has all the powers of such court including the power to punish for contempt of itself
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Its records are admitted in evidence and cannot be questioned when produced in any Court of Law
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It is bound by its earlier decision and cannot depart from its previous decisions
Explanation
The Supreme court is the Apex court of the Country. The constitution provides that the Law declared by supreme court has a binding value within the territory of India. The Supreme court can reverse its previous order if they are erred or if necessity demands so. E.g., Earlier privacy was adjudged not be a fundamental right which is now declared as a fundamental right. Thus the Supreme Court is not bound by its previous decision and can reverse its decision with a larger bench.
The constitution made supreme court the guarantor and guardian of fundamental rights. the supreme court can declare any law made by the legislature or any action by administrative authority unconstitutional if they encroach upon fundamental rights.
Which one of the following comes under the jurisdiction of both the High Court and the Supreme Court?
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Disputes between the Centre and the States
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Disputes between the states
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Protection of the Fundamental Rights
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Protection against the violation of the Constitution
Explanation
The Supreme Court under Article 32 and the High courts under Article 226 are authorised to issue writs for the enforcement of Fundamental rights. This implies that the Constitution has given the right to the citizens to move to any court on the violation of Fundamental Right for enforcement. However, the High court can issue writs for the enforcement of legal rights also.
The Judges of the Supreme Court take an oath or affirmation before entering upon office, conducted by _________________.
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Chief Justice of India
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President or Vice-President
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President or some person appointed by him
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None of the above
Explanation
A judge of the supreme court is appointed by the President. Any such person appointed as the judge of supreme court before entering upon his office has to make and subscribe an oath or affirmation before the President or any other person appointed by the president for this purpose.
Which is not correct statement?
The Supreme Court __________________.
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is a watch-dog of citizen's liberty
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interprets the Constitution
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protects the Directive Principle of State Policy
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settles electoral disputes of the President and Vice-President of India
Explanation
The Constitution has made the Supreme Court the guardian and guarantor of Fundamental Rights of the Constitution. The Directive Principles given in Part IV of the Constitution are non-justiciable in nature and hence cannot be enforced in the court of law.
The oath to a High Court Judge is administrated by the ______________.
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Chief Justice of India
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Chief Justice of that High Court
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Governor
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President
Explanation
The High Court judges are appointed by President with the consultation of Chief Justice of India and Governor of the concerned state. Article 219 specifically provides that every person who is appointed to be a judge of High Court shall before entering upon his office make and subscribe before the Governor of the concerned State or some other person appointed in that behalf by him, an oath or affirmation.
The Chief Justice and other Judges of the High Court are appointed by the ___________________.
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President
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Chief Justice of the Supreme Court
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Governor of the concerned state
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Chief Minister of the concerned State
Explanation
The Chief Justice of High Court is appointed by the President after Consultation with the Chief Justice of India and the Governor of the State Concerned. In the appointment of other judges, the Chief Justice of concerned High Court is also consulted.
Which of the following is covered under the original jurisdiction of the Supreme Court?
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Dispute relating to civil matters
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Dispute relating to criminal cases involving murder
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Disputes between two states of the Indian Union.
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Disputes between two citizens from two different States
Explanation
The Supreme Court exercises original jurisdiction only when any dispute between the center and the states or between two or more states or center on one side and state or two or more states on other side and when the fundamental right of any citizen is violated he/she has the right to go directly to the Supreme Court for enforcement.
The number of States under the jurisdiction of a High Court is decided on the basis of _______________.
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area and population to be served
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funds at the disposal
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intention of the government
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number of judges available
Explanation
The High Court is the Apex court is the State Judicial System. The high court has jurisdiction over a state, group of state and Union territories based on the population and area and effective working of Justice dispensation system.
The salaries of the Judges of the High Courts are paid from the _____________.
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Funds collected as fees for cases
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Consolidated Fund of the State
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Consolidated Fund of India
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State revenues
Explanation
The sitting judges of High Court are entitled to salaries, allowances and privileges as parliament from time to time determine. The expense of salaries and allowances of the High court judges are charged upon the Consolidated Fund of the State.
A Judge of a High Court wanting to resign addresses his letter of resignation to __________________.
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the President
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the Chief Justice of his High Court
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the Chief Justice of India
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the Governor of the State
Explanation
The tenure of a High Court judges is not fixed by the Constitution but they hold office until they attain the age of 62 years. A judge of High Court can resign his office by writing to the President any time after the appointment.
Which of the following High Courts covers more than one State/Union Territories?
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Delhi
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Allahabad
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Guwahati
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None of these
Explanation
The Guwahatihati High Court was established on 1st March 1948 after the Government of India Act 1935 was passed. It was originally known as the High Court of Assam and Nagaland, but renamed as Gauhati High Court in 1971. It has largest jurisdiction in terms of States then its area covering the states of Assam, Arunachal Pradesh, Nagaland and Mizoram.
The only Union Territory which has a High Court of its own ______________.
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Delhi
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Lakshadweep
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Chandigarh
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Daman and Diu
Explanation
The Constitution of India says that Parliament may by law constitute a High Court for Union Territory or declare the High Court in any other Territory to be the High Court of Union Territories. The Delhi is the only Union Territory with High Court of its own, other Union territories share High Courts with other state or states.
The High Court enjoys the power:
I. to issue writs for the enforcement of Fundamental Rights.
II. to exercise superintendence over the working of courts and tribunals under its jurisdiction.
III. to make general rules and prescribe forms regulating the practices and proceeding of courts under its jurisdiction.
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I and II
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II and III
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I and III
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I, II and III
Explanation
The High court is the apex court in State Judiciary in India. Under Article 226 of the Constitution of India, the High court can issue writs for the enforcement of fundamental rights. Article 227 provides for the power of superintendence over all courts by the High Court and It can make and issue rules and prescribe forms to regulate the practice and proceedings in Court.
The High Court which has the distinction of having the first woman Chief Justice is ________________.
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Allahabad High Court
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Delhi High Court
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Himachal Pradesh High Court
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Guwahati High Court
Explanation
Justice Leila Seth became the first Indian woman Chief Justice of a State High Court. On 5 August 1991, she became the Chief Justice of Himachal Pradesh High Court. She was also the first woman Judge in Delhi High Court.
The High Court having the jurisdiction in Judicial matters relating to the largest number of States/Union Territories is ______________.
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Kolkata High Court
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Kerala High Court
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Mumbai High Court
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Guwahati High Court
Explanation
the Guwahati High Court was established on 1st March 1948 after the Government of India Act 1935 was passed. It was originally known as the High Court of Assam and Nagaland but renamed as Gauhati High Court in 1971. It has the largest jurisdiction in terms of States then its area covering the states of Assam, Arunachal Pradesh, Nagaland, and Mizoram.
The Bombay High Court does not have a bench at which one of the following places?
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Nagpur
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Panaji
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Pune
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Aurangabad
Explanation
The Bombay High Court, the chartered High Court is one of the oldest High Court in the country. It's jurisdiction covers the State of Maharashtra and Goa, and the Union Territories of Daman and Diu and Dadra and Nagar Haveli. In addition to the Principal seat at Bombay, it has benches at Aurangabad, Nagpur, Panaji (Goa).
Of the following statements, which one is not correct?
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Supreme Court was constituted in 1950
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Supreme Court is the highest court of appeal in the country
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Supreme Court can hear from any High Court/ Tribunals except Court-martials
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Supreme Court can hear from any High Court/ Tribunals as well as from Court-martials
Explanation
Article 136 of the Constitution of India provides for special leave to appeal by the supreme court. Clause 2 expressly bar with regard to an appeal from the armed forces tribunal. It reads as under:
Nothing in clause(1) shall apply to any judgment, determination, sentence or order passed or made by any Court or Tribunal constituted by or under any law relating to the Armed Forces.
The pension of a High Court Judge is charged to the ______________.
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Consolidated Fund of India
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Consolidated Fund of the State where he last served
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Consolidated Fund of the different States where he has served
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Contingency Fund of India
Explanation
The judges of the High Court are paid such salaries as specified in the Second schedule. They are also entitled to such allowances in respect of leave and pension as Parliament may determine from time to time. Article 221 of constitution of India provides that the salaries, allowances and pensions are charged on the Consolidated Fund of India.
PRINCIPLE:
When any person with an intention to cause damage to the public or to any person, causes destruction of any property, he is said to have committed the offence of mischief.
FACTS:
The workers of Ubzuki Mobiles went on strike for the non-payment of bonus to them. In order to force the management to pay the bonus, one of the workers, Mr. X threw a stone with full force and damaged the premises of the company. Did X commit any offence?
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X committed the offence of mischief.
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As X was on strike with other workers to get their demands fulfilled, he didn't commit any offence.
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X was right as the management was not fulfilling their legitimate demands and this was the only way to make their voice heard.
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X didn't commit any offence, as the labour laws of India allow the workers to get their legitimate demands fulfilled from the management. X is, therefore immune from any legal action.
Explanation
A specific injury or damage caused by another person's action or inaction. In Civil Law, a person who suffered physical injury due to the Negligence of another person could allege mischief in a lawsuit in tort. It is distinct from malicious mischief, which is a criminal act usually involving reckless or intentional behaviour such as Vandalism. Hence, X has committed the offence of mischief.
Consider the following statements:
The highest criminal court of the district is the Court of District and Sessions Judge.
The District Judges are appointed by the Governor in consultation with the High Courts.
A person eligible for appointment as a District Judge should be an advocate or a pleader of seven years standing or more, or an officer in judicial service of the Union or the State.
When the Session judge awards death sentences, it must be confirmed by the High Court before it is carried out.
Which of the statements given above are correct?
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1 and 2
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2, 3 and 4
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3 and 4
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1, 2, 3 and 4
Explanation
In the State judicial system the High Court is the apex court below and under it are subordinate courts in the District. The District and Sessions Judge's court is the highest civil and criminal court of the district. The judges of the district court are appointed by the Governor in consultation with the High Courts. The qualifications of a person to be appointed as a District Judge are that he should be an advocate or a pleader of 7 years standing or more, or an officer in judicial service of the Union or the State. Further section 366 subsection (1) of the Code of Criminal Procedure 1973 provides that "when the court of Session passes a sentence of death the proceeding shall be submitted to the High Court and the sentence shall not be executed unless it's confirmed by the High Court."
Which one of the following pairs of High Courts and their seats is not matched correctly?
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Karnataka - Bengaluru
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Madhya Pradesh - Bhopal
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Rajasthan - Jodhpur
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Kerala - Ernakulam
Explanation
The Madhya Pradesh high court is the High Court of the state of Madhya Pradesh which is located in Jabalpur.
Which High Court has jurisdiction over the State of Arunachal Pradesh?
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Guwahati
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Mumbai
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Kolkatta
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Chandigarh
Explanation
The Gauhati High Court was established on 1st March 1948 after the Government of India Act 1935 was passed. It was originally known as the High Court of Assam and Nagaland but renamed as Gauhati High Court in 1971. It has the largest jurisdiction in terms of States with its area covering the states of Assam, Arunachal Pradesh, Nagaland, and Mizoram.
Which one of the following statement is correct?
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The President of India is the custodian of the Constitution of India
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The Supreme Court of India can declare a law passed by any State/Union Legislature null and void if it encroaches upon the Fundamental Rights guaranteed by the Constitution of India
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The number of Judges in a High Court is to be determined from time to time by the Governor of the State concerned
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The Chief Justice of a High Court is appointed by the Governor of the State concerned on the recommendation of the Chief Justice of India
Explanation
Judicial Review is the power of the Supreme Court to examine the constitutionality of an enactment and executive orders passed by the Government. On examination, the Supreme can declare the law null and void if such law passed by any State/ Union Legislature encroaches upon the Fundamental rights guaranteed by the Constitution of India.
PRINCIPLE:
Whoever, by words, or by signs or otherwise brings or attempts to bring into hatred or contempt or excites disaffection towards the Government established by law in India shall be punished with imprisonment for life. This is the law on sedition.
FACTS:
X made the following two statements at a public gathering.
DECISION:
(i)This is a Government of scoundrels, bootleggers, fools, and scamsters. Throw them out this time by voting against them. They don't deserve to be in power.
(ii) Kill all these corrupts and rascals who are running this nation, whether they are leaders of the ruling party or the government servants. Come help me to clean this nation, from these evils.
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X is not guilty of sedition for having made the statements (i) and (ii) as he was exercising his fundamental right of freedom of speech and expression.
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X is guilty of sedition for having made the statements (i) and (ii).
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X is guilty of sedition for making statement (i) only.
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X is guilty of sedition for making statement (ii) only.
PRINCIPLE: Nothing is an offence which is done in the exercise of the right of private defence.
FACTS: 'A' under the influence of madness, attempts to kill 'B'. 'B' to save his life kills 'A'.
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'B' has committed an offence
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'A' has not committed an offence because he was mad
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'B' has not committed any offence
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'A' has committed the offence to attempt of murder
Which of the following States/UTs are covered by the Mumbai High Court?
Maharastra
Goa
Dadra and Nagar Haveli
Daman and Diu
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I only
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I and II
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I, III, and IV
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I, II, III and IV
Explanation
The Bombay High Court, is the chartered High Court and is one of the oldest High Court in the country. It's jurisdiction covers the State of Maharashtra and Goa, and the Union Territories of Daman and Diu and Dadra and Nagar Haveli. In addition to the Principal seat at Bombay, it has benches at Aurangabad, Nagpur, Panaji (Goa).
PRINCIPLE: Whoever, by words, or by signs or otherwise brings or attempts to bring into hatred or contempt or excites disaffection towards the Government established by law in India shall be punished with imprisonment for life. This is the law on sedition.
FACTS: X made the following two sentences at a public gathering:
(i) This is a Government of scoundrels, boatleggers, fools and scamsters. Throw them out this time by voting against them. They don't deserve to be in power.
(ii) Kill all these corrupts and rascals who are running this nation, whether they are leaders of the ruling party or the government servants. Come help me to clean this nation from these evils.
DECISION will be ______.
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X is not guilty of sedition for having made the statements (i) and (ii) as he was exercising his fundamental rights of freedom of speech and expression
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X is guilty of sedition for having made the statements (i) and (ii)
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X is guilty of sedition for making statement (i) only
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X is guilty of sedition for making statement (ii) only
PRINCIPLE:
In criminal law, misappropriation is the intentional, illegal use of the property or funds of another person for one's own use or other unauthorized purpose, particularly by a public official, a trustee of a trust, an executor or administrator of a dead person's estate or by any person with a responsibility to care for and protect another's assets. Embezzlement is misappropriation when the funds involved have been lawfully entrusted to the embezzler. On the contrary, theft is the illegal taking of another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it.
FACTS:
A went for swimming at the Municipal Swimming pool. A handed over all his valuables, including some case to X, the guard on duty for safe custody, as notified by the Municipality. After swimming for an hour, A came out and searched for X. He found another guard on duty and that guard informed A that X had gone home after completing his shift and did not hand over anything to be given to A. A registered a complaint with the police. X was traced but he told the police that he sold all the valuables and the entire cash was used for drinking liquor. What offence, if any, was/were committed by X?
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If at all X is liable, it is for criminal misappropriation only
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X is liable for criminal misappropriation and embezzlement
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X is not guilty of criminal misappropriation as he did not make any personal gain out f those items with him
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X is liable for theft as he took A's property without X's permission
PRINCIPLE: A person is said to do a thing fraudulently, if he does that thing with intent to defraud, but not otherwise.
FACTS: 'A' occasionally hands over his ATM card to 'B' to withdraw money for 'A', uses 'A's ATM card to find out the balance in 'A's account, but does not withdraw any money.
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'B' has not committed the act fraudulently
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'B' has committed the act fraudulently
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'B' has committed misappropriation
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'B' has committed breach of faith
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