Tort (CLAT Legal-Aptitude): Questions 27 - 29 of 82

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Question number: 27

» Tort

Appeared in Year: 2012

MCQ▾

Question

Ms. Usha wants to file a suit against Bhagyalaxmi Theatre praying for a permanent injunction (stay order) restraining the theatre from running the film named “Jai Santoshi Maa”. Her contention is that the film hurt her religious feelings and sentiments as Goddess Saraswati, Laxmi and Parvati were depicted as jealous and were ridiculed.

Choices

Choice (4) Response

a.

She cannot file a suit because injury to religious feelings is not a legally recognized right.

b.

She cannot file a suit because the Theatre has a fundamental right to speech and expression.

c.

She can file a suit as injury to religious feelings has been legally recognized as a right (injuria sine damnum)

d.

It is a case of complete judicial discretion.

Question number: 28

» Tort

MCQ▾

Question

In which of the following year was the Oleum Gas Leak case decided?

Choices

Choice (4) Response

a.

1982

b.

1987

c.

1983

d.

1986

Question number: 29

» Tort

Appeared in Year: 2012

MCQ▾

Question

PRINCIPLES: Injuria Sine Damnum I. e. Injury (violation of legal right) without damage

FACTS: X, who was the returning officer at a polling booth in Amethi, wrongly refused to register a duly tendered vote of Y in the recent UP elections, even though Y was an eligible voter. The candidate in whose favor Y wanted to vote, was declared elected. Give the appropriate answer

Choices

Choice (4) Response

a.

Y can sue X on the ground that he was denied the right to cast vote, which is a legal right

b.

Y cannot sue X because there is no injury or damage caused to Y

c.

Y can sue X on the ground that he was denied the right to cast vote, which is a fundamental right.

d.

Y cannot sue X because the candidate in whose favor he wanted to vote was declared elected.

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