CLAT CLAT Solved Paper-2016

  • question_answer
    Direction: This section consists of fifty (50) questions. Follow the instructions carefully and choose the most appropriate option:
    The question number 111-145 in this section consists of legal proposition(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 purpose of this section. In other words, in answering the following 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.
    To answer a question, the given principle is to be applied to the given facts so as to arrive at most reasonable conclusion.
    Principle: One who dishonestly misappropriates or converts to his own use or sells any movable property belonging to another, is guilt y of the offence of misappropriation.
    Facts: 'A takes property belonging to 'Z' out of
    Z's possession, in good faith, believing when he takes it, that the property belongs to himself. Subsequently, 'A, on discovering his mistake, without disclosing the actual facts, dishonestly sells the property to a stranger.

    A) 'A' may be guilty of theft but not for misappropriation.

    B) 'A' is guilty of an offence of misappropriation.

    C) 'A' is not guilty because when he took the property, he believed in good faith that it belonged to him.

    D) 'A' is not guilty as the property can be recovered from the stranger.

    Correct Answer: B


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