Whether the wound inflicted by the appellant was the cause of death or her refusing to the blood transfusion acted as a Novus actus interveniens and so broke the chain of causation?
If at the time of death the original wound is still the operating cause and a substantial cause, then the death can properly be said to be the result of the wound, albeit that some other cause of death is also operating.
Whether the victim's act in self injecting the injection was an intervening act such as to break the chain of causation?
The criminal law generally assumes the existence of free will. The law recognizes certain exceptions, in the case of the young, those who for any reason are not fully responsible for their actions, and the vulnerable, and it acknowledges situations of duress and necessity, as also of deception and mistake. But, generally speaking, informed adults of sound mind are treated as autonomous beings able to make their own decisions how they will act, and none of the exceptions is relied on as possibly applicable in this case.
Whether the respondent could be held guilty of smuggling gold even though he had no intention to do it?
A person may be convicted of an offence independently of any wrongful intent and such offences are termed as offences of Strict Liability. It will be no defence to an accused that he had honestly believed, in good faith in the existence of facts which would have rendered his conduct innocent.
Whether under Section 7 of the Act, a factual non-compliance of the Order by a dealer will amount to an offence thereunder, even if there is no mens rea on his part?
An intention to offend the penal provisions of a statute is normally implicit, however, comprehensive or unqualified the language of the statute may appear to be, unless an intention to the contrary is expressed or clearly implied, for the general rule is that a crime is not committed unless the contravener has mens rea.
Whether the agreement between the parties was void and consequently can the earnest money received by the petitioner stand forfeited to him?
Parties under a mistake as to a matter of fact essential to the agreement from the very inception but realizing the mistake at a later stage amounts to the agreement being discovered to be void.
Whether Mr. Hughes is entitled to pay the remaining amount or can he avoid the contract because Mr. Smith had not delivered the type of oats that the defendant had expected?
Mere silence as to anything cannot be taken as misrepresentation. If the buyer has full opportunity of inspecting the products contracted for and thereupon form his judgment, and if he relies only on his own judgment, the rule caveat emptor applies.
In the absence of any discussion about the quality of goods, an objective test revealed that a reasonable person will believe that the sale would be of good quality oats.
Can the appellant regain her property by using the defense of "non-est-factum"?
For the defense of "non-est-factum" to succeed, a person must show that the agreement that they signed was done without any negligence of their own and that the document was radically and essentially different in substance or kind from the one which they purported to sign.
Whether the mortgage was void?
Can the money received by the plaintiff be returned?
Infants are incapable of entering into contracts.
Can the daughter of Raj Rani bring an action against Prem Adib?
The mere fact that the contract is for the benefit of the minor, does not entitle him to sue.
A contract of personal service does not stand on the same footing as a contract of apprenticeship or a contract of marriage of a minor.
Can the appellant, Mathai be registered as a deemed tenant in respect of the land in question?
Parties incompetent to contract, cannot enter into contracts and if they do, it will be held to be void.