CLAT 2019 UG

Principle:Death caused by rash or negligent act of a person is an offence.
Facts: X was driving his SUV car in a lonely road leading to a forest at 160 km per hour. Suddenly, someone appears from the forest on the road and in the resultant accident, the car hits the commuter causing his death.

Principle:Whoever causes death by rash or negligent act commits an offence.
Facts: X is having a house on the roadside which is also having a street on the back of the house. He has a lawn on the back of his house where he has built a toilet. To prevent the intruders from entering his house, he got the fence charged with a high voltage live electric wire. Z was passing through the street at the backyard of the house of X and sat down to take rest near the fence. While getting up, his hands came in contact with the fence which was connected to high voltage electric wire causing his death.

Principle:Killing is not murder, if it is committed in a sudden fight without pre-meditation
in a heat of passion upon a sudden quarrel.
Facts: X and Y were buying liquor from a liquor shop at 7 pm. Y abused X and there was
quarrel between them. X told Y that he will not spare him and Y shouted that his
house is adjoining the shop only and if X had the guts, he can come anytime.
X went back to his shop which was nearby, procured a knife and went to Y‘s
residence at 9 pm and stabbed him to death.

Principle:Use of criminal force intentionally knowing that it would cause or is likely to cause injury or annoyance to the person against whom force is used, is an offence.
Facts: X, a renowned social worker who had launched a movement for liberation of women, pulls up a Muslim women‘s veil in public in good faith without her consent causing annoyance to her.

Principle:Inducing any animal to move or to change its motion and thereby intentionally causing fear of injury or annoyance to others by such act, is an offence of use of criminal force.
Facts: X incites his dog to chase and run after his neighbour Y, to teach Y to stay away
from him. The act is done without neighbour‘ consent and against his will

Principle:A spouse is not permitted to put in evidence in any court, any communication during marriage between the spouses without the consent of the person who made
the communication.
Facts: X who is the wife of Y saw her husband (Y) coming out of the neighbour‘s house at 6.00 am in the morning. Y told his wife X that he has murdered the neighbour and handed over the jewellery of that neighbour to his wife.

Principle:Oral evidence must always be direct i.e. of the person who says he saw the event and hearsay evidence is no evidence.
Facts: X was told by Y (whom X trusts) that Z has murdered A

Principle:Terms of any written contract can be proved by producing the written contract only and oral evidence is excluded.
Facts: A gives B receipt for money paid by B. Oral evidence is offered to prove payment.

Principle:Employer is liable for the injury caused to the employee in the course of his employment.
Facts: X organized a party and hired a caterer. During the party, generator set went out of order and he requested one employee of caterer i.e. Y to bring the mechanic on his vehicle and promised to pay 1000 for the same to Y. Y met with an accident while going to fetch the mechanic and he seeks compensation.

Principle:Master is liable for the acts of his servant done in the course of his duties.
Facts: X hired an employee Y in his construction business. Y was the property in-charge who received construction material and gave receipts for the material received by him. Z claimed payment for cement supplied to X which was duly received by Y. X denied the payment on the ground that he has only received half of the material and the balance was misutilized by the employee Y.