All India Bar Examination (AIBE) 3-III Previous Year Question Papers with Answers

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14.

ABC Private Limited is a courier company head quartered at Mumbai. D, a resident of New Delhi, is visiting Mumbai and dispatches consignment of a valuable goods through ABC Private Limited from Mumbai to his ancestral home in Kolkata. In the course of transit, the goods are damaged at Bhopal. In light of these facts and the principles below, where is D permitted to file a suit against ABC Private Limited ?


Principle :

A suit for compensation for wrongs done to a person may be filed either in the court having territorial jurisdiction over the area where
(i) the wrong was committed;
(ii) where the defendant resides;
(iii) where the defendant carries on a business;
or (iv) where the defendant personally works for gain.
A: At Bhopal, Mumbai, or Kolkata.
B: At Mumbai or Bhopal
C: At Mumbai, Bhopal, or New Delhi.
D: At New Delhi or Bhopa
E: At Mumbai or Kolkata.

The answer is: A

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Explanation


According to the principle mentioned, a suit for compensation for wrongs done to a person may be filed in the court having territorial jurisdiction over several areas, including:

(i) Where the wrong was committed.
(ii) Where the defendant resides.
(iii) Where the defendant carries on a business.
(iv) Where the defendant personally works for gain.

In this case, the wrong (damage to the goods) occurred during transit, specifically at Bhopal. Therefore, D is permitted to file a suit at the following locations:

A: At Bhopal, Mumbai, or Kolkata.

So, option A is the correct answer.