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CLAT 2025 SC Hearing on Feb 6: Consortium of NLUs vs Aditya Singh

CLAT 2025 SC Hearing on Feb 6: Consortium of NLUs vs Aditya Singh

Edited By Sumeet Sudarshan | Updated on Feb 06, 2025 08:50 AM IST | #CLAT

The CLAT 2025 Supreme Court Hearing for the Consortium of NLUs vs Master Aditya Singh case has been listed for hearing on February 6. The hearing is being conducted for a transfer petition, as the respondent Aditya Singh had sought to transfer the CLAT 2025 case to the SC from the Delhi HC which had passed the earlier verdict. During the hearing, the Supreme Court is expected to pass an order to transfer the case, along with all other cases of CLAT 2025 to a single High Court. So, candidates may have to wait longer to know the status of the revised CLAT results and the admission process.

CLAT 2025 SC Hearing on Feb 6: Consortium of NLUs vs Aditya Singh
CLAT 2025 SC Hearing on Feb 6: Consortium of NLUs vs Aditya Singh

The SC had indicated its intention in the court order passed in the January 15 hearing. The decision is being taken to expedite the resolution of the cases and release the revised CLAT 2025 result so that the CLAT counselling process can be resumed for the benefit of the students. The SC will also hear the Consortium of NLUs vs Aslesha Ajisaria case on February 6.

CLAT 2025 SC Hearing Listing Date

Candidates can check the details of the case filed by Aditya Singh below which will be taken up in the CLAT 2025 SC hearing on February 6.

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CLAT 2025 SC Hearing Listing Date

Court Order Passed in the January 15 Hearing

Particulars

Details


Case

Consortium of National Law Universities vs Master Aditya Singh, Minor


The order passed on January 15 by the SC

Prima facie, we are of the opinion that the writ petitions pending in different High Courts should be dealt with by one High Court, as it would be expeditious and would also prevent contradictory judgments.

Issue notice on the prayer for transfer as well as on the application for appointment of a guardian, returnable in the week commencing 03.02.2025.

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Questions related to CLAT

Have a question related to CLAT ?
can i proceed with clat counselling even if i pass by writing supplementary exam?

Hello,

Yes, you can take part in CLAT counselling even if you passed through a supplementary exam. But make sure you have your final passing marksheet or result before the admission process starts.

Most colleges will ask for proof that you have passed your Class 12 before giving final admission. So, if your result comes out in time, you won’t face any problem.

Hope it helps !

Read Complete Answer
Prachi Kumari 13 April,2025
All about CLAT examination for class 12 appearing students

The Common Law Admission Test (CLAT) is a national-level entrance exam for law programs in India. As a Class 12 student, you're eligible to take the exam if you meet the minimum percentage requirements: 45% for general category and 40% for SC/ST.


Exam Pattern:


- Mode: Offline (pen-and-paper test)

- Duration: 2 hours

- Questions:120 multiple-choice questions

- Subjects: English Language, Current Affairs & GK, Legal Reasoning, Logical Reasoning, and Quantitative Techniques

- Marking Scheme: 1 mark for correct answers, -0.25 marks for incorrect answers


Subjects and Weightage:


- English Language (20%):Comprehension, grammar, vocabulary, and verbal reasoning

- Current Affairs & GK (25%): Awareness of current events and general knowledge

- Legal Reasoning (25%): Understanding legal principles and rules

- Logical Reasoning (20%): Logical and analytical reasoning skills

- Quantitative Techniques (10%): Mathematical operations and problem-solving


Preparation Tips:


- Start early to cover all topics thoroughly

- Practice regularly with mock tests to familiarize yourself with the exam format and timing

- Utilize resources like CLAT study materials and online platforms for structured preparation

- Join study groups to share knowledge and stay updated


Coaching and Study Materials:


- Consider joining CLAT coaching after your 12th board exams, unless you're a self-study expert

- Use recommended study materials like "Word Power Made Easy" by Norman Lewis for English, "Lucent's General Knowledge" for GK, and "Manorama Yearbook" for current affairs


*Eligibility and Application:*


- Check the official CLAT website for application deadlines and process

- Ensure you meet the minimum percentage requirements and have a valid ID proof

and passport-sized photographs.

For more information CLAT 202 6

Read Complete Answer
sadafreen356 11 April,2025
CLAT COACHING ALONG WITH INTERMEDIATE AT VIJAYAWADA

Hello,

In Vijayawada, several institutes offer CLAT coaching alongside intermediate studies. Here are some options:

1. Sri Chaitanya IAS Academy

2. Abhyaas LawPrep

3. T.I.M.E. Institute

4. Career Launcher

5. IMS Victory Academy

Hope it helps !

Read Complete Answer
Prachi Kumari 28 March,2025
What the syllabus for clat suggest the book

The CLAT (Common Law Admission Test) syllabus includes five main sections: English Language, Current Affairs including General Knowledge, Legal Reasoning, Logical Reasoning, and Quantitative Techniques. For preparation, some recommended books are *Word Power Made Easy* by Norman Lewis for English, *Lucent’s General Knowledge* for GK, and *Manorama Yearbook* for current affairs. For Legal Reasoning, *Universal’s Guide to CLAT & LLB* is useful, while *A Modern Approach to Logical Reasoning* by R.S. Aggarwal helps with reasoning. For Quantitative Techniques, *Quantitative Aptitude* by R.S. Aggarwal is a good choice. Regular mock tests and previous years' papers also enhance preparation.

Read Complete Answer
Tanya Gupta 26 March,2025
what is the result date of clat exam

Hello,

The CLAT 2025 exam results were announced early on December 7, 2024. However, due to legal challenges, the counselling process has been delayed, and the Delhi High Court is scheduled to hear related petitions on April 7, 2025.

Hope it helps !

Read Complete Answer
Prachi Kumari 01 April,2025
View All

Popular CLAT Questions

Read the passage carefully and answer the question

The Contract should be performed by the promisor himself. However, in certain cases, it can also be performed by his agents or legal representatives. It all depends upon the intention of the parties. Normally a contract can be performed by the following persons. 

  1. Promisor himself: If from the nature of the contract it appears that it was the intention of the parties that the promise should be performed by the promisor himself, such promise must be performed by the promisor. This usually applies to contracts involving personal skill, task, or artwork. 
  2. Promisor or his Agent: Where the contract does not involve the personal skill of the promisor, the contract could be performed by the promisor himself or by any competent person employed by him for the purpose, 
  3. Legal Representatives: The contracts which do not involve any personal skill or taste, may be performed by his legal representative after the death of the promisor.
  4. Third Person: In some cases, a contract may be performed by a third person provided the promisee accepts the arrangement. According to Section 41 of the Indian Contract Act, once the promisee accepts the performance from a third person, he cannot compel the promisor to perform the contract again. 
  5. Performance of Joint Promises: According to section 42 of the Indian Contract Act, when two or more persons have made a joint promise, the joint promisors must fulfill the promise jointly during their lifetime. And if any one of them dies, then his legal representatives and survivors must jointly fulfill the promise. 

Section 43 of the Indian Contract Act further provides that unless a contrary intention appears from the contract, each joint promisor may compel every other joint promisor to contribute equally to the performance of the promise. If any joint promisor makes a default in such contribution, the remaining joint promisors must bear the loss arising from such default in equal shares.

Question:

Aman received a box of chocolates from Basant and promised to pay Rupees 5000. Later on, A becomes bankrupt. Chetan who is a friend of Aman pays rupees 1000 to Besant on behalf of Aman. Aman is not aware of such a transaction. In civil court, insolvency proceedings have started against Aman. Meanwhile, Basant has also applied for a recovery of 5000 rupees. Decide.

Option: 1

Basant is entitled to recover the amount of 5000 from Aman.


Option: 2

Basant is entitled to recover the amount of 4000 from Aman.


Option: 3

Chetan is entitled to recover the amount of 1000 from Basant.


Option: 4

Basant cannot recover any amount from Aman as he has become insolvent.


Read More

Read the passage carefully and answer the question

The Contract should be performed by the promisor himself. However, in certain cases, it can also be performed by his agents or legal representatives. It all depends upon the intention of the parties. Normally a contract can be performed by the following persons. 

  1. Promisor himself: If from the nature of the contract it appears that it was the intention of the parties that the promise should be performed by the promisor himself, such promise must be performed by the promisor. This usually applies to contracts involving personal skill, task, or artwork. 
  2. Promisor or his Agent: Where the contract does not involve the personal skill of the promisor, the contract could be performed by the promisor himself or by any competent person employed by him for the purpose, 
  3. Legal Representatives: The contracts which do not involve any personal skill or taste, may be performed by his legal representative after the death of the promisor.
  4. Third Person: In some cases, a contract may be performed by a third person provided the promisee accepts the arrangement. According to Section 41 of the Indian Contract Act, once the promisee accepts the performance from a third person, he cannot compel the promisor to perform the contract again. 
  5. Performance of Joint Promises: According to section 42 of the Indian Contract Act, when two or more persons have made a joint promise, the joint promisors must fulfill the promise jointly during their lifetime. And if any one of them dies, then his legal representatives and survivors must jointly fulfill the promise. 

Section 43 of the Indian Contract Act further provides that unless a contrary intention appears from the contract, each joint promisor may compel every other joint promisor to contribute equally to the performance of the promise. If any joint promisor makes a default in such contribution, the remaining joint promisors must bear the loss arising from such default in equal shares.

Question:

K promises to paint a picture for L on a certain day, at a certain price. K dies before the day of the contract. Decide. 

Option: 1

The contract can be enforced by K’s representative 


Option: 2

The contract can be enforced by L


Option: 3

The contract can be enforced either by K’s representation or by L 


Option: 4

The contract cannot be enforced either by K’s representative, or L


Read More

Read the passage carefully and answer the question

The Contract should be performed by the promisor himself. However, in certain cases, it can also be performed by his agents or legal representatives. It all depends upon the intention of the parties. Normally a contract can be performed by the following persons. 

  1. Promisor himself: If from the nature of the contract it appears that it was the intention of the parties that the promise should be performed by the promisor himself, such promise must be performed by the promisor. This usually applies to contracts involving personal skill, task, or artwork. 
  2. Promisor or his Agent: Where the contract does not involve the personal skill of the promisor, the contract could be performed by the promisor himself or by any competent person employed by him for the purpose, 
  3. Legal Representatives: The contracts which do not involve any personal skill or taste, may be performed by his legal representative after the death of the promisor.
  4. Third Person: In some cases, a contract may be performed by a third person provided the promisee accepts the arrangement. According to Section 41 of the Indian Contract Act, once the promisee accepts the performance from a third person, he cannot compel the promisor to perform the contract again. 
  5. Performance of Joint Promises: According to section 42 of the Indian Contract Act, when two or more persons have made a joint promise, the joint promisors must fulfill the promise jointly during their lifetime. And if any one of them dies, then his legal representatives and survivors must jointly fulfill the promise. 

Section 43 of the Indian Contract Act further provides that unless a contrary intention appears from the contract, each joint promisor may compel every other joint promisor to contribute equally to the performance of the promise. If any joint promisor makes a default in such contribution, the remaining joint promisors must bear the loss arising from such default in equal shares.

Question:

Rohan has agreed to manage the catering services during the marriage of Sohan’s son Ramu. On the day of marriage, Rohan felt ill and sent his manager to the management of catering services. Ramu happily gets married to Tina and people appreciated the food and decoration of the event. When Rohan asked Sohan for the remaining amount, he denied it because Rohan himself had not managed so it is a breach. Decide.

 

Option: 1

Rohan is not entitled to get the remaining amount due to a breach of contract.


Option: 2

Rohan is entitled to sue Sohan for the remaining amount.


Option: 3

Rohan is entitled to sue Ramu because it was his marriage.


Option: 4

Instead of Rohan, his manager can only sue Sohan for the breach.


Read More

Read the passage and answer the question that follow.

Natural justice is another name for common sense justice rules of natural justice are not in codified form these principles are embedded or ingrained or inbuilt in the conscience of human beings. It supplies the omission made in codified law and helps in the administration of justice. Natural justice is not only confined to ‘fairness’ it will take many shades and colours based on the context. Thus natural justice apart from ‘fairness’ also implies reasonableness, equity and equality. They are neither cast in a rigid mould nor can they be put in a legal straitjacket. These principles written by nature in the heart of mankind, they are immutable, inviolable, and inalienable.

It is true that the concept of natural justice is not very clear and, therefore, it is not possible to define it; yet the principles of natural justice are accepted and enforced. In the case of Ridge V. Baldwin Court observed that “in modern times have sometimes been expressed to the effect that natural justice is as vague as to be practically meaningless. But I would regard these as tainted by the perennial fallacy that because something cannot be cut and dried or nicely weighed or measured therefore it does not exist”. The term natural justice signifies fundamental rules of judicial procedure and fair play in action. According to Lord Widgery “the principles of natural justice were those fundamental rules; the breach will prevent justice from being seen to be done”. Earliest expression of ‘natural justice’ could be found in the philosophical expression of Roman Jurist (jus natural) and signified rules and principles for the conduct of man which were independent of enacted law or customs and could be discovered by the rational intelligence of man and would grow out of and conform to his nature.

The rule against bias that surfaced in 1610 in Dr Bonham's Casewhere Chief Justice Coke went so far as to say that the Court could declare an Act of Parliament void if it made a man as judge in his own cause, or otherwise ‘against common right and reason’. This was one of his grounds for disallowing the claim of the College of Physicians to fine and imprison Doctor Bonham, a Doctor of Physics of Cambridge University, for practising in the city of London without the licence of College of Physicians. The statute under which the College acted provided that fines should go half to the King half to the College so that the College had a financial interest in its own judgement and was judged in its own cause.

Question:

X is a student of a college and his father Y is a professor in the same college. In one instance, X is caught to be involved in unparliamentary activities inside the college campus. The enquiry committee is set up and Y is appointed as the head of the committee. Decide.

Option: 1

Y is a professor of the same college hence he can become a member of the enquiry committee


Option: 2

Y is X’s father hence he should not be a part of the enquiry committee


Option: 3

Y can be a part of the enquiry committee but cannot be its head


Option: 4

There is no rule that prevents the appointment of Y until he fulfils his function diligently


Read More

Read the passage and answer the question that follow.

Natural justice is another name for common sense justice rules of natural justice are not in codified form these principles are embedded or ingrained or inbuilt in the conscience of human beings. It supplies the omission made in codified law and helps in the administration of justice. Natural justice is not only confined to ‘fairness’ it will take many shades and colours based on the context. Thus natural justice apart from ‘fairness’ also implies reasonableness, equity and equality. They are neither cast in a rigid mould nor can they be put in a legal straitjacket. These principles written by nature in the heart of mankind, they are immutable, inviolable, and inalienable.

It is true that the concept of natural justice is not very clear and, therefore, it is not possible to define it; yet the principles of natural justice are accepted and enforced. In the case of Ridge V. Baldwin Court observed that “in modern times have sometimes been expressed to the effect that natural justice is as vague as to be practically meaningless. But I would regard these as tainted by the perennial fallacy that because something cannot be cut and dried or nicely weighed or measured therefore it does not exist”. The term natural justice signifies fundamental rules of judicial procedure and fair play in action. According to Lord Widgery “the principles of natural justice were those fundamental rules; the breach will prevent justice from being seen to be done”. Earliest expression of ‘natural justice’ could be found in the philosophical expression of Roman Jurist (jus natural) and signified rules and principles for the conduct of man which were independent of enacted law or customs and could be discovered by the rational intelligence of man and would grow out of and conform to his nature.

The rule against bias that surfaced in 1610 in Dr Bonham's Casewhere Chief Justice Coke went so far as to say that the Court could declare an Act of Parliament void if it made a man as judge in his own cause, or otherwise ‘against common right and reason’. This was one of his grounds for disallowing the claim of the College of Physicians to fine and imprison Doctor Bonham, a Doctor of Physics of Cambridge University, for practising in the city of London without the licence of College of Physicians. The statute under which the College acted provided that fines should go half to the King half to the College so that the College had a financial interest in its own judgement and was judged in its own cause.

Question:

Mr X is an employee of a corporate office. His wife Y is a judge. In one instance, X is found to be involved in a money laundering case at his office. The office now files a suit and Y is appointed as the judge for this case. Decide.

Option: 1

Y is a judge by herself, hence can be appointed to adjudicate this case


Option: 2

Y is can be appointed as a judge only if she fulfils her responsibilities without any bias


Option: 3

Y can adjudicate the case and if the company finds the penalty to be insufficient then they can appeal against it


Option: 4

Y cannot be the judge in this case ab initio


Read More

Read the passage and answer the question that follow.

Natural justice is another name for common sense justice rules of natural justice are not in codified form these principles are embedded or ingrained or inbuilt in the conscience of human beings. It supplies the omission made in codified law and helps in the administration of justice. Natural justice is not only confined to ‘fairness’ it will take many shades and colours based on the context. Thus natural justice apart from ‘fairness’ also implies reasonableness, equity and equality. They are neither cast in a rigid mould nor can they be put in a legal straitjacket. These principles written by nature in the heart of mankind, they are immutable, inviolable, and inalienable.

It is true that the concept of natural justice is not very clear and, therefore, it is not possible to define it; yet the principles of natural justice are accepted and enforced. In the case of Ridge V. Baldwin Court observed that “in modern times have sometimes been expressed to the effect that natural justice is as vague as to be practically meaningless. But I would regard these as tainted by the perennial fallacy that because something cannot be cut and dried or nicely weighed or measured therefore it does not exist”. The term natural justice signifies fundamental rules of judicial procedure and fair play in action. According to Lord Widgery “the principles of natural justice were those fundamental rules; the breach will prevent justice from being seen to be done”. Earliest expression of ‘natural justice’ could be found in the philosophical expression of Roman Jurist (jus natural) and signified rules and principles for the conduct of man which were independent of enacted law or customs and could be discovered by the rational intelligence of man and would grow out of and conform to his nature.

The rule against bias that surfaced in 1610 in Dr Bonham's Casewhere Chief Justice Coke went so far as to say that the Court could declare an Act of Parliament void if it made a man as judge in his own cause, or otherwise ‘against common right and reason’. This was one of his grounds for disallowing the claim of the College of Physicians to fine and imprison Doctor Bonham, a Doctor of Physics of Cambridge University, for practising in the city of London without the licence of College of Physicians. The statute under which the College acted provided that fines should go half to the King half to the College so that the College had a financial interest in its own judgement and was judged in its own cause.

Question:

X was a renowned cricketer in the 1980s. His son Y is a struggling cricketer who has been trying to get into the national team for many years. In the year 2020, X is appointed as a member of the selection committee. In the match which is supposed to decide the final team of the nation, Y scores a century and Z scores 65 runs. However, Z is selected to represent India and Y is not. Y now appeals against the decision, the main ground being the presence of X in the committee. Decide.

Option: 1

The appeal will stand as Y scored a century yet Z was selected after scoring 65 runs


Option: 2

The appeal will be quashed since X’s presence should have benefitted Y, but it didn’t, hence the rejection of Y is valid


Option: 3

The appeal will stand as X’s presence is a factor of bias


Option: 4

The appeal will be quashed since X was a renowned cricketer


Read More

Read the passage and answer the question that follow.

Natural justice is another name for common sense justice rules of natural justice are not in codified form these principles are embedded or ingrained or inbuilt in the conscience of human beings. It supplies the omission made in codified law and helps in the administration of justice. Natural justice is not only confined to ‘fairness’ it will take many shades and colours based on the context. Thus natural justice apart from ‘fairness’ also implies reasonableness, equity and equality. They are neither cast in a rigid mould nor can they be put in a legal straitjacket. These principles written by nature in the heart of mankind, they are immutable, inviolable, and inalienable.

It is true that the concept of natural justice is not very clear and, therefore, it is not possible to define it; yet the principles of natural justice are accepted and enforced. In the case of Ridge V. Baldwin Court observed that “in modern times have sometimes been expressed to the effect that natural justice is as vague as to be practically meaningless. But I would regard these as tainted by the perennial fallacy that because something cannot be cut and dried or nicely weighed or measured therefore it does not exist”. The term natural justice signifies fundamental rules of judicial procedure and fair play in action. According to Lord Widgery “the principles of natural justice were those fundamental rules; the breach will prevent justice from being seen to be done”. Earliest expression of ‘natural justice’ could be found in the philosophical expression of Roman Jurist (jus natural) and signified rules and principles for the conduct of man which were independent of enacted law or customs and could be discovered by the rational intelligence of man and would grow out of and conform to his nature.

The rule against bias that surfaced in 1610 in Dr Bonham's Casewhere Chief Justice Coke went so far as to say that the Court could declare an Act of Parliament void if it made a man as judge in his own cause, or otherwise ‘against common right and reason’. This was one of his grounds for disallowing the claim of the College of Physicians to fine and imprison Doctor Bonham, a Doctor of Physics of Cambridge University, for practising in the city of London without the licence of College of Physicians. The statute under which the College acted provided that fines should go half to the King half to the College so that the College had a financial interest in its own judgement and was judged in its own cause.

Question:

X is a married judge who is well known for his honesty in the entire city. He has a son Y. One fine day Y gets kidnapped and the kidnapper demands a sum of 20 lakhs from X. However, the kidnapper is caught by the police. X is now appointed as the judge for the hearing of the kidnapper. Decide.

Option: 1

X can be the judge since he can decide the punishment better as he was the sufferer


Option: 2

X cannot be the judge since there is a possibility that he will be biased while delivering the judgement


Option: 3

X can be the judge since he is renowned for his honesty and fulfil his duties


Option: 4

X can be the judge but his statement can be appealed against if delivered with bias


Read More

Read the passage and answer the question that follow.

Natural justice is another name for common sense justice rules of natural justice are not in codified form these principles are embedded or ingrained or inbuilt in the conscience of human beings. It supplies the omission made in codified law and helps in the administration of justice. Natural justice is not only confined to ‘fairness’ it will take many shades and colours based on the context. Thus natural justice apart from ‘fairness’ also implies reasonableness, equity and equality. They are neither cast in a rigid mould nor can they be put in a legal straitjacket. These principles written by nature in the heart of mankind, they are immutable, inviolable, and inalienable.

It is true that the concept of natural justice is not very clear and, therefore, it is not possible to define it; yet the principles of natural justice are accepted and enforced. In the case of Ridge V. Baldwin Court observed that “in modern times have sometimes been expressed to the effect that natural justice is as vague as to be practically meaningless. But I would regard these as tainted by the perennial fallacy that because something cannot be cut and dried or nicely weighed or measured therefore it does not exist”. The term natural justice signifies fundamental rules of judicial procedure and fair play in action. According to Lord Widgery “the principles of natural justice were those fundamental rules; the breach will prevent justice from being seen to be done”. Earliest expression of ‘natural justice’ could be found in the philosophical expression of Roman Jurist (jus natural) and signified rules and principles for the conduct of man which were independent of enacted law or customs and could be discovered by the rational intelligence of man and would grow out of and conform to his nature.

The rule against bias that surfaced in 1610 in Dr Bonham's Casewhere Chief Justice Coke went so far as to say that the Court could declare an Act of Parliament void if it made a man as judge in his own cause, or otherwise ‘against common right and reason’. This was one of his grounds for disallowing the claim of the College of Physicians to fine and imprison Doctor Bonham, a Doctor of Physics of Cambridge University, for practising in the city of London without the licence of College of Physicians. The statute under which the College acted provided that fines should go half to the King half to the College so that the College had a financial interest in its own judgement and was judged in its own cause.

Question:

X and Y have been married for five years. X is a judge and Y is a doctor. X is pretty much unhappy with his married life so he wants to divorce Y. Y refuses to agree to a divorce by mutual consent hence X files a suit against Y. Decide.

Option: 1

X cannot file a suit since he is a judge


Option: 2

X can file a suit against Y in legal capacity but not as a judge


Option: 3

X cannot file a divorce suit against Y since there is no valid ground for divorce


Option: 4

X can proceed with mutual consent but not contested divorce


Read More

Read the passage and answer the question that follow.

In the case of M/S Halonex Limited, 59-A Noida vs State of U.P., it was held that “In reply to the aforesaid submission, learned counsel for opposite party no.2 submitted that the case of the applicants that no amount is due from their side to the complainant is a matter of defence which cannot be considered at this stage. It has been submitted that the term 'entrustment' as used in Section 405 IPC has been given a wider interpretation. It has been submitted that the goods returned by the complainant to the Company for replacement or for reimbursement would be deemed to have been entrusted to the Company and as the applicants 2 & 3 were handling its affair they become responsible. To buttress the said submission, the learned counsel for the complainant drew the attention of the Court to a decision of the Apex Court in the case of Ram Narayan Popli Vs. Central Bureau of Investigation: (2003) 3 SCC 641, wherein it was observed that: "the term "entrustment" is not necessarily a term of law. It may have different implications in different contexts. In its most general signification all it imports is the handing over possession for some purpose which may not imply the conferring of any proprietary right at all." Attention was also drawn to an observation made in the judgment of the aforesaid case, where it was observed that: "to establish the charge of criminal breach of trust, the prosecution is not obliged to prove the precise mode of conversion, misappropriation or misapplication by the accused of the property entrusted to him or over which he has dominion. The principal ingredient of the offence being dishonest misappropriation or conversion which may not ordinarily be a matter of direct proof, entrustment of property and failure in breach of an obligation to account for the property entrusted if proved, may, in the light of other circumstances, justifiably lead to an inference of dishonest misappropriation or conversion”.

Question:

X tracks down an expensive necklace on the road. Not knowing to whom it belongs. X sells it promptly to a jeweller without attempting to find the owner or submitting the necklace to the authorities. Decide the liability of X.

Option: 1

Extortion


Option: 2

Criminal breach of trust


Option: 3

Theft


Option: 4

Criminal misappropriation of Property


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Read the passage and answer the question that follow.

In the case of M/S Halonex Limited, 59-A Noida vs State of U.P., it was held that “In reply to the aforesaid submission, learned counsel for opposite party no.2 submitted that the case of the applicants that no amount is due from their side to the complainant is a matter of defence which cannot be considered at this stage. It has been submitted that the term 'entrustment' as used in Section 405 IPC has been given a wider interpretation. It has been submitted that the goods returned by the complainant to the Company for replacement or for reimbursement would be deemed to have been entrusted to the Company and as the applicants 2 & 3 were handling its affair they become responsible. To buttress the said submission, the learned counsel for the complainant drew the attention of the Court to a decision of the Apex Court in the case of Ram Narayan Popli Vs. Central Bureau of Investigation: (2003) 3 SCC 641, wherein it was observed that: "the term "entrustment" is not necessarily a term of law. It may have different implications in different contexts. In its most general signification all it imports is the handing over possession for some purpose which may not imply the conferring of any proprietary right at all." Attention was also drawn to an observation made in the judgment of the aforesaid case, where it was observed that: "to establish the charge of criminal breach of trust, the prosecution is not obliged to prove the precise mode of conversion, misappropriation or misapplication by the accused of the property entrusted to him or over which he has dominion. The principal ingredient of the offence being dishonest misappropriation or conversion which may not ordinarily be a matter of direct proof, entrustment of property and failure in breach of an obligation to account for the property entrusted if proved, may, in the light of other circumstances, justifiably lead to an inference of dishonest misappropriation or conversion”.

Question:

P borrows from L his phone for using it to call his parents. However, when L is distracted, P removes the memory card of the phone and later on sells it. Decide the liability of P.

Option: 1

P is guilty under dishonest misappropriation of property

 


Option: 2

P is not guilty for any offence since the phone was given with consent


Option: 3

P is guilty for theft


Option: 4

P has been handed over the phone, so he has the right to use it as he likes


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