MODEL NOTES FOR JUDICIAL EXAM - 24

1. A puts a bait for dogs in his pocket, and thus induces Z’s dog to follow it. Did A commit any offence?
    Ans: Here, if A’s intention be dishonestly to take the dog out of Z’s possession without Z’s consent. A has commit­ted theft as soon as Z’s dog has begun to follow A.


2. Z, going on a journey, entrusts his plate to A, the keeper of the warehouse, till Z shall return. A carries the plate to a goldsmith and sells it. What offence did Z commit?
    Ans: Here the plate was not in Z’s possession. It could not therefore be taken out of Z’s possession, and A has not committed theft, though he may have committed criminal breach of trust.

3. What is the punishment for theft after preparation made for causing death, hurt or restraint in order to the committing of the theft?
   Ans: Rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

4. A meets Z and Z’s child on the high road. A takes the child and threatens to fling it down a precipice, unless Z delivers his purse. Z, in consequence delivers his purse. What offence did A commit?
    Ans: Here A has extorted the purse from Z, by causing Z to be in fear of instant hurt to the child who is there present. A has therefore committed robbery on Z.

5. A, being on friendly terms with Z, goes into Z's library in Z's absence, and takes away a book without Z's express consent. Did A commit any offence?
    Ans: Here, if A was under the impression that he had Z's implied consent to take the book for the purpose of reading it, A has not committed theft. But, if A afterwards sells the book for his own benefit, he is guilty of an offence under section 403,IPC.

6. A finds a cheque payable to bearer. He can form no conjecture as to the person who has lost the cheque. But the name of the person, who has drawn the cheque, appears. A knows that this person can direct him to the person in whose favor the cheque was drawn. A appropriates the cheque without attempting to discover the owner. Did A commit any offence?
 Ans: guilty of an offence under section 403,IPC, Dishonest misappropriation of property

7. The idea of the Directive Principles of State Policy of the Constitution of India were borrowed from the 
     Ans: Irish Constitution

8. There are certain essentials of a gift under the Transfer of Property Act, 1882. What are they?
     Ans: The essentials are as follows: 
  • transfer of ownership
  • the ownership must relate to a property in existence
  • the transfer must be without consideration,            
  • it must have been made voluntarily, the donor must be a competent person the transferee must accept the gift. 

9. The V Amendment of the United States of Bill of Rights has proclaimed that no person shall be deprived of ......, ........... or ........ without due process of law, nor shall private property be taken for public use without just compensation.
     Ans: life, liberty, property

10. Before the commencement of the Constitution, the High courts other than those of Madras, Bombay and Calcutta had the power to issue prerogative writs in the nature of writ of Habeas Corpus under which section of the Criminal Procedure Code 1898?

     Ans: Sec. 491

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