Sunday 18 August 2019

Question and answer on law(Part 2)

1) What is purpose of  levy of court fees?
a) To meet huge expenditure of administration of justice.
b) To curb increasing tendency to file frivolous,false or malicious cases in court.
c) To ensure collection of revenue.

2) Whether there is any provision in legal services authorities Act about court fees?

21 of Legal services authorities Act:- Award of Lok Adalat.- (1) Every award of Lok Adalat shall be deemed to be a decree of a Civil Court or, as the case may be, an order of any other Court and where a compromise or settlement has been arrived at, by a Lok Adalat in a case referred to it under sub-section (1) of section 20, the Court-fee paid in such case shall be refunded in the manner provided under the Court-Fee Act, 1870 (7 of 1870)

3) S 6 (4) (j) of Bombay court fees Act
"(j) for other declarations

In suits where declaration is sought, with or without injunction or other consequential relief and the subject-matter in dispute is not susceptible of monetary evaluation and which are not otherwise provided for by this Act, ad valorem fee payable, as if the amount or value of the subject matter was one thousand rupees.

4)  S 6 (4) (ha) of Bombay court fees Act
“(ha) for avoidance of sale, contract for sale, etc.
In suits for declaration that any sale, or contract for sale
or termination of contract for sale, of any moveable or
immoveable property is void one half of ad­valorem fee
leviable on the value of the property”

5) When court can strike off defence of defendant?
a) If defendant fails to furnish his registered address as per O 6 R 14A(5)(b) of CPC.
b) If defendant fails to pay interim compensation as per O 15A of CPC.(Maharashtra amendment)
c) As per O 39 R 11 of CPC-Procedure on parties defying orders of court,and committing breach of undertaking to court (Maharashtra amendment)
d) If husband fails to pay interim alimony.
e) O 11 R 21 of CPC-non compliance with order of discovery.

6) Whether domestic violence Act is penal law?
Domestic violence is not penal law.

7) Whether s 125 of CRPC is procedural or substantive law?
 Chapter IX of the Cr.P.C. S 125 of CRPC though it appears in the procedural/adjactival Code confers substantive rights.

8) Under which article district Judge is appointed?
Article 233 of constitution of India.

Q 9:- What is meaning of cognizance of  offence?
Ans:- Cognizance of offence means that Magistrate has come to conclusion that there is a case to be inquired into.The word cognizance is used to indicate the point when Magistrate or Judge first takes Judicial notice of offence.Taking cognizance is judicial application of mind of Magistrate to facts mentioned in the complaint with a view to take further action.

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