CMA Foundation · Fundamentals of Business Laws and Business Communication · Legal Methods and Court System in India
Anita, a tenant, refuses to vacate her flat after the lease ends, and the landlord Mr. Rao sues her for possession; while in the same incident she also assaults the landlord's guard, and the police file a case against her. Which classification correctly describes the two proceedings?
The suit for possession is private law because it enforces a landlord's property right against a tenant. The police case for assault is public law because the State prosecutes crimes as wrongs against society. One event can lead to both types of proceedings.
- ABoth are private law proceedings
- BThe suit for possession is private law and the police case is public lawCorrect
- CThe suit for possession is public law and the police case is private law
- DBoth are public law proceedings
Explanation
The landlord's suit enforces a private property right between two individuals, so it is private law. The assault is a crime prosecuted by the State, so it is public law. One incident can therefore give rise to both kinds of proceedings.
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