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AILET 2013 Question Paper with answer key for online practice

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Question : 83

Total: 149

LEGAL PRINCIPLES :
1) Whoever, intending to take dishonestly any movable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft.
2) Whoever dishonestly misappropriatesor converts to his own use any movable property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
FACTUAL SITUATION : A takes umbrella belonging to Z out of Z's possessionin good faith, believing at the time when he took it, that the property belongs to himself His wife points out after some days that the umbrella does not belong to them but to Z. After coming to know that, A dishonestly keeps the umbrella.
DECISION :

A is guilty of criminal misappropriation
A is guilty of criminal breach of trust
A is guilty of theft
Both A and his wife are guilty of criminal misappropriation

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