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Business Studies

Redressal under the Law

LEGAL PRINCIP...

Question

LEGAL PRINCIPE: No person shall be deprived of his life or personal liberty except according to procedure established by law and Civil Courts have coercive powers to compel attendance of witness only within its local territory.
FACTUAL SITUATION: Puchu, a resident of Faridabad was summoned by the Delhi High Court as a witness in a civil case regarding wrongful possession of immovable property filed by Amu against Kichu. He refused to appear before the court due to his office job. He was prosecuted by the court. Is he liable?
DECIDE.

A

He is not liable because he is not the resident of Delhi

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B

He is not liable because he has fundamental right under Article 21 of personal liberty

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C

He is liable because he is called as a witness in a civil trial and it is a procedure established by law

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D

He is not liable because he has no interest in the suit property

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Solution

The correct option is A He is not liable because he is not the resident of Delhi
According to the principle Civil Courts have coercive powers to compel attendance of witness only within its local authority.
Since, Puchu was summoned as a witness by the Delhi HC even though he lived in Faridabad. And according to the principle the Delhi HC will have coercive power to compel attendance of a witness within it local authority only. Therefore, Puchu is not compelled to come to the Delhi HC as he is not within the local territory of Delhi HC.

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1. A person is liable for negligence, if he fails to take care of his neighbour's interest.
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Facts
A cricket match was going on in a closed door stadium. A cricket fan who could not get into the stadium was watching the game by climbing up a nearby tree and sitting there. The cricket ball in the course of the game went out the stadium and hit this person and injured him. He filed a suit against the organizers.
Possible Decisions
(a) The organizers are liable to compensate the injured person.
(b) The organizers are not liable to compensate the injured person'
(c) The inured person should have avoided the place where he might be hit by the cricket ball. Possible Reasons
i) The organizers are responsible for the people inside the stadium.
ii) The organizers could not have foreseen somebody watching the game by climbing up a tree.
iii) A person crazy about something must pay the price for that.
iv) The organizers shall be liable to everybody likely to watch the game.
Your decision with the reason

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