CLAT CLAT Solved Paper-2011

  • question_answer
    In answering the following questions, you should not rely on any rule(s) except the rule(s) that are supplied for every problem. Further, you should not assume, any fact other than those stated in the problem. The aim is to test your ability to properly apply a rule to a given set of facts, even when the result is absurd or unacceptable for any other reason. It is not the aim to test any knowledge of law you may already possess. Problem 1                 Rules A. Whoever intending to take any moveable property out of the possession of any person, without that person's consent, moves that property out of his or her possession, is said to commit theft. B. A person who, without lawful excuse, damages any property belonging to another intending to damage any such property shall be guilty of causing criminal damage. C. Damage means any impairment of the value of a property. Facts Veena, an old lady of 78 yr, used to live with her granddaughter Indira. Veena was ill and therefore bed-ridden for several months. In those months, she could not tolerate any noise and it became quite difficult to clean her room. After she aied, Indira hired a cleaner, Lucky, to clean the room and* throw away any rubbish that may be there. There was a pile of old newspapers which Veena had stacked in a corner other room. Lucky asked Indira if he should clear away the pile of old newspapers, to which she said yes. Lucky took the pile to a municipality rubbish dump. While Lucky was sorting and throwing away the newspapers, he was very surprised to find a beautiful painting in between two sheets of paper. He thought that Indira probably wouldn't want this old painting back, especially because it was torn in several places and the colour was fading. He took the painting home, mounted it on a wooden frame and hung it on the wall of his bedroom. Unknown to him, the painting was an old masterpiece, and worth twenty thousand rupees. Before mounting the painting. Lucky pasted it on a plain sheet of paper so that it does not tear any more. By doing so, he made its professional restoration very difficult and thereby reduced its value by half. Lucky's neighbor Kamala discovered that the painting P belonged to Indira. With the motive of returning the painting to Indira, Kamala climbed through an open window into Lucky's room when he was away one afternoon and removed the painting from his house.
    Is Kamala guilty of theft?

    A)  No, Kamala is not guilty of theft since the person she took the painting from (Lucky) was not its lawful owner

    B)  No, Kamala is not guilty of theft since she took the painting only with the motive of returning it to Indira

    C)  Yes, Kamala is guilty of theft as she took the painting out of Lucky's possession without his consent

    D)  None of the above

    Correct Answer: C

    Solution :

    Ans. 


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