Thursday 29 August 2019

Question and answer in law Part 3

Q.1. What is meaning of endorsement of cheque in blank?

Ans;In the case of a check payable to John Smith (the payee), a blank endorsement would be the signature of John Smith on the back side of the check without any other words above or below his signature. ... The blank endorsement indicates that whoever is in possession of the endorsed check is considered to be the owner.See S 16 of NI Act.

Q.2. Define constructive res judicata?

Ans. Constructive res judicata is a subset of the doctrine of res judicataConstructive res judicata sets to bar any claims being raised in a later proceeding if the claim should / ought to have been raised and decided in an earlier proceeding.

Q 3. Why there are different orders and sections in Civil Procedure Code?
Ans.The Code is divided into two parts: the first part contains 158 sections and the second part contains the First Schedule, which has 51 Orders and Rules. The sections provide provisions related to general principles of jurisdiction whereas the Orders and Rules prescribe procedures and method that govern civil proceedings in India.

4. Which article in constitution provides right against self incrimination?
A.Clause (3) of Article 20 of Indian constitution declares that no person accused of an offence shall be compelled to be a witness against himself. 3. it is a protection against such compulsion resulting in his giving evidence against himself.

5.What is Civil contempt and criminal contempt?

A. Contempt refers to the offence of showing disrespect to the dignity or authority of a court.  The Act divides contempt into civil and criminal contempt.  Civil contempt refers to the wilful disobedience of an order of any court or wilful breach of an undertaking given to a court;.  Criminal contempt includes any act or publication which: (i) ‘scandalises’ the court, or (ii) prejudices any judicial proceeding, or (iii) interferes with the administration of justice in any other manner.  ‘Scandalising the Court’ broadly refers to statements or publications which have the effect of undermining public confidence in the judiciary. 
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