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Question

This question consists of legal proposition(s)/principle(s) (hereinafter referred to as 'principle') and facts. Such principles may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this Section. In other words, in answering these question. Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability, even if the 'most reasonable conclusion' arrived at may be absurd or unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.
Therefore, to answer a question, principle is to be applied to the given facts and to choose the most appropriate option.
PRINCIPLE : A person is said to do a thing fraudulently, if he does that thing with intent to defraud, but not otherwise.
Facts : 'A' occasionally hands over his ATM card to 'B' to withdraw money for 'A'. On one occasion 'B' without the knowledge of 'A', uses 'A's ATM card to find out the balance in 'A's account, but does not withdraw any money.

A
'B' has committed misappropriation
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B
'B' has committed the act fraudulently
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C
'B' has committed breach of faith
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D
'B' has not committed the act fraudulently
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Solution

The correct option is D 'B' has not committed the act fraudulently
An agreement made for a "fraudulent" purpose is illegal , viz an agreement to defraud creditors , or to defraud revenue authorities , or investors in a company . But if two persons agree not to compete with each other . In this case , B uses A's ATM card but not withdrawal any money then , B hasn't commuted his act fraudulently.

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