AILET Legal-Aptitude: Questions 58 - 59 of 152
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Question number: 58
Appeared in Year: 2015
LEGAL PRINCIPLE: Whoever delivers to another person as genuine any counterfeit currency which he knows to be counterfeit, but which that other person is not aware of at the time when he received it, is guilty of counterfeiting currency.
FACTUAL SITUATION: While returning home one day, Roshni realizes that the local shopkeeper has given her a fake note of Rs. 1, 000. Disappointed, she goes to the same shop and buys cosmetics worth Rs. 600. She then passes the same fake note to the shopkeeper. The shopkeeper while inspecting the note finds out that it is fake. Is Roshni guilty?
No, as she was merely attempting to return the note to the same shopkeeper who gave her the note.
No, she is not guilty of any offence as neither did she manufacture the note nor did she circulate it with a view to deceive the public.
Yes, as she attempted to pass on a note which she knew was counterfeit.
No, the shopkeeper is guilty as he was the one who circulated the counterfeit note to Roshni.
Question number: 59
Appeared in Year: 2013
LEGAL PRINCIPLE: Master/Principal is vicariously liable for the tort committed by a servant/agent, in the performance of his duties as a servant/agent.
FACTUAL SITUATION: A gave some cash and cheques to his friend B, who was an employee of the State Bank of India, to deposit the same in that Bank in the account of A. B misappropriated the amount. If A sues the Bank for damages, then the Bank is
Liable to pay because it was the employer of B
Not liable because he turned out to be the friend of the plaintiff’s husband
Liable to pay because the employee did it during business hours and while working as an employee
Not liable because while committing the fraud, he was not acting as the agent or employee of the Bank