CLAT 2014

PRINCIPLE: When two or more persons agree to do, or cause to be done, (1) an illegal act, or (2) an act which is not illegal by illegal means, through such an agreement such persons are said to have been engaged in a criminal conspiracy to commit an offence. It is said that no consummation of the crime need be achieved or even attempted.

FACTS: 'X', 'Y' and 'Z' plan to kill 'D'. They agree that only one among them that is 'Z, will execute the plan. In pursuance of it 'Z buys a gun and loads it.

PRINCIPLE: 'Wrongful gain' is gain by unlawful means of property to which the person gaining is not legally entitled. 'Wrongful loss' is the loss by unlawful means of property to which the person losing it is legally entitled.

FACTS: 'X' takes away Y's watch out of Y's possession, without Y's consent and with the intention of keeping it.

PRINCIPLE: Nothing is an offence by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm.

FACTS: 'X' takes a plain sheet of paper from Y's drawer without Y's consent to write a letter to his friend,

PRINCIPLE: When an act which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, or by reason of any is conception on the part of that person, every person has the same right of private defence against that act which he would have if the act were that offence.

FACTS: 'X', under the influence of madness, attempts to kill 'Y'.

PRINCIPLE: Where a person fraudulently or erroneously represents that he is authorized to transfer certain immovable property and professes to transfer such property for consideration, such transfer shall, at the option of the transferee, operate on any interest which the transferor may acquire in such property at any time during which the contract of transfer subsists.

FACTS: 'A', a Hindu who has separated from his father 'B', sells to 'C three fields, X, Y and Z, representing that 'A' is authorized to transfer the same. Of these fields Z does not
belong to 'A', it having been retained by 'B' on the partition; but on B's dying 'A' as successor obtains Z, and at that time 'C had not cancelled the contract of sale.

PRINCIPLE: Under the Transfer of Property Act, 1882 a property must be transferred by one living person to another living person. The Act deals only with transfer of property between living persons.

FACTS: 'X' wants to transfer his property to the presiding deity in a temple situated within the estate of 'A'.

PRINCIPLE: Where there is transfer of ownership of one thing for the ownership of some other thing it is called exchange; while transfer of ownership for consideration of money is called sale, whereas, without consideration it becomes gift.

FACTS: 'A' transfers his house worth ₹ 50 Lakhs to 'B' for a shopping building worth the same amount, as consideration, from 'B'.

PRINCIPLE: One of the principles of natural justice Nemo judex in causasua,which means that no one should be a judge in his Own cause. In other words, no person can judge a case in which he has an interest.

FACTS: 'X', a member of the selection board for a government service, was also a candidate for selection for the same service. 'X' did not take part in the deliberations of the board when his name was considered and approved.

PRINCIPLE: Strike is a collective stoppage of work by workmen undertaken in order to bring pressure upon those who depend on the sale or use of the products of work; whereas, lock-out is a weapon in the hands of the employer, similar to that of strike in the armory of workmen, used form compelling persons employed by him to accept his terms or conditions of or affecting employment. While in closure there is permanent closing down of a place of employment or part thereof, in lay-off an employer, who is willing to employ, fails or refuses or is noble to provide employment for reasons beyond his control.

FACTS: Workmen of a textile factory went on strike as per law, demanding the payment of bonus. Employer of the factory refused to pay any extra allowances, including bonus, and besides he closed down the factory till the strike was stopped.

PRINCIPLE: Trade dispute means any dispute between employers and workmen or between workmen and workmen, or between employers and employers which is connected with the employment or non-employment, or the terms of employment or the conditions of labour, of any person. Disputes connected with the nonemployment must be understood to include a dispute connected with a dismissal, discharge, removal or retrenchment of a workman.

FACTS: 'X', an employee in a sugar factory, raised a dispute against 'Y', the employer, through trade union regarding certain matters connected with his suspension from the employment.