Passage based Questions on Legal Aptitude SMLAQ027

Directions: Read the following passage and answer the given question.

Ram was the managing director and Gopal was the director and technical expert of a cloth dyeing company named as Usha textile Ltd. The Company entered into a contract with the Textile Commissioner undertaking to dye a large quantity of cloth which was supplied to the company for that purpose. In pursuance of the contract certain quantity of cloth was dyed and delievred to the Textile Commisioner but the company failed to dye and deliver the balance of cloth which remained in its possession and was not returned to the Textile Commissioner inspite of repeated demands. Ultimately Ram and Gopal were prosecuted.

To constitute the offence of misappropriation the following essential ingredient must be there; The property must be of Another

For constituting criminal misappropriation the essence behind this act is that the property must be of some other owner other than the person using it dishonestly for his own use.

Case 1

Person A took something from person B by mistake or unknowingly but returned it when he found property belong to person B. In this case, there is no misappropriation of property.

Case 2

Person A took something from person B by mistake or unknowingly but don’t return it even when he found property belong to person B.

According to Section 405, this offence requires a person to confer a property or dominion over it onto others. Moreover, this is basically a form of trust which the victim accords on the offender with respect to his property.

Secondly, the offender must misappropriate or convert that property to his own use. He may even fraudulently use or dispose of that property by infringing a law to control or direct according to rule principle of law for proper functioning. This may even lead to the breach of any express or implied contract between the defendant and the victim himself.

For instance, A may lend his car to his friend B to use it for transportation. B, instead, uses it for transporting illegal goods like ivory. Here, B is guilty of criminally breaching A’s trust.

1.1) Ram and Gopal will be convicted under which liablilty ?

A) Criminal Misappropriation
B) Cheating
C) Criminal Breach of Trust
D) None

1.2) In cases of Dishonest Misappropriation the initial possession of property is:

A) In good faith
B) Dishonest
C) fraudulent
D) None

1.3) For the offence of Dishonest Misappropriation of property, the property should be:

A) Movable
B) Immovable
C) Both A and B
D) Neither A nor B

1.4) An offence against property may be:

A) Wrongful Confinement
B) Criminal Breach of trust
C) Defamation
D) Public nuisance

1.5) With refrence to above passage, if A, who was entrusted by B, with certain blocks for printinga catalogue, prints the catalogue of rival’s firm with the same blocks. A is guilty of :

A) Theft
B) Cheating
C) Criminal Misappropriation
D) Criminal Breach of Trust

1.6) With refrence to above passage, A is the executor of a will of a deceased person. As per the will, the property of the deceased is to be divided equally between X and Y. Instead of doing so, A dishonestly divides the property of the deceased equally between Y and Z. A is guilty of:

A) No offence
B) Cheating
C) Criminal breach of trust
D) Criminal misappropriation of property

1.7) X finds a rupee coin on the highway, not knowing to whom the coin belongs, X picks the coin and pockets it. What offence, if any, has been committed by X, he is guilty of:

A) Theft
B) Criminal Misappropriation
C) Criminal Breach of Trust
D) No Offence