CLAT CLAT Solved Paper-2013

  • question_answer
    Directions This section consists of fifty (50) questions. Each question consists of legal propositions principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true for the purposes of this section. In other words, in answering the following questions, you must not rely on any principles except the principles that are given here in below for every 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 unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.
    Principle Whoever takes away anything from the land of any person without that person's consent is said to commit theft. A thing so long as it is attached to the earth is not the subject of theft but it becomes capable of being the subject of theft as soon as it is severed from the Earth. Facts Y cuts down a tree standing on the land of X with the intention of dishonestly taking the tree out of X's possession without the consent of X. But Y is yet to take away the tree out of X's possession.

    A)  Y has committed theft as soon as he came to the land of X

    B)  Y has committed theft as soon as the tree has been completely cut down by him

    C)  Y has committed theft as soon as he has started cutting down the tree

    D)  Y has not committed theft because he is yet to take away the tree out of X's possession

    Correct Answer: B

    Solution :

    Ans.  According to Section 378 of Indian Penal Code, a thing becomes capable of being the subject of theft as soon as it is severed from the i.e. Earth. In the present case, Y has committed theft as soon as the tree has seen completely cut down by him.


You need to login to perform this action.
You will be redirected in 3 sec spinner