Saturday 17 August 2019

Questions and answers on law(Part 1)

1)Doctrine behind S 27 of evidence Act
Ans:In the matter of: Navaneethakrishnan V/s The State by Inspector of Police, Criminal Appeal No. 1134/2013 (Supreme court of India, Date of Decision: 16.04.2018, Coram: A.K. Sikri & R.K. Agrawal, JJ.) it was held that, Section 27 of the Indian Evidence Act, 1872 incorporates the theory of confirmation by subsequent facts, that is, statements made in police custody are admissible to the extent that they can be proved by subsequent discovery of facts. Discovery statements made under Section 27 of the Indian Evidence Act, 1872 can be described as those which furnish a link in the chain of evidence needed for a successful prosecution.
2) What is victimless Crime?

Crime where there is no apparent victim and no apparent 

pain or injury. This class of crime usually involves only 
consenting adults in activities such as ProstitutionSodomyand Gaming where the acts are not public, no one is 
harmed, and no one complains of the activities. Some groups advocate legalizing victimless crimes by removing these acts from the law books.Other critics complain that there is no 
such thing as a victimless crime; whenever one of these 
crimes is committed but goes unpunished, individual mores, societal values, and the Rule of Law are undermined or compromised, rendering society itselfthe victim.
3) What is difference between coparcenary and ancestral property?
Property inherited by a Hindu from his father, father’s father or father’s fathers’ father, is ancestral property.


4) When tenancy is terminated in proceeding under rent Act?
We are, therefore, of the opinion that the tenant having suffered a decree or order for eviction may continue his fight before the superior forum but, on the termination of the proceedings and the decree or order of eviction first passed having been maintained, the tenancy would stand terminated with effect from the date of the decree passed by the lower forum. In the case of premises governed by rent control legislation, the decree of eviction on being affirmed, would be determinative of the date of termination of tenancy and the decree of affirmation passed by the superior forum at any subsequent stage or date, would not, by reference to the doctrine of merger have the effect of postponing the date of termination of tenancy.
5) O 41 R 5 of CPC-
1) Stay by appellate court

2) Stay by court which passed the decree
No such order for stay shall be made unless it is satisfied-
A) that substantial loss may result to the party applying for stay of execution unless order is made;
B) that the application has been made without unreasonable delay; and

C) that security has been given by applicant for due performance of such decree or orders as may be ultimately be binding upon him.

6) Difference between S 151 of CPC and S 482 of CRPC

Powers U/S 151 of CPC are conferred on all civil courts.Power U/S 482 of CRPC is granted only to high court for administration of Criminal law.

7) What are conditions for grant of bail and anticipatory bail?

The following factors and parameters can be taken into consideration while dealing with the anticipatory bail:

i. The nature and gravity of the accusation and the exact role of the accused must be properly comprehended before arrest is made;

ii. The antecedents of the applicant including the fact as to whether the accused has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence;

iii. The possibility of the applicant to flee from justice;

iv. The possibility of the accused's likelihood to repeat similar or the other offences.

v. Where the accusations have been made only with the object of injuring or humiliating the applicant by arresting him or her.

vi. Impact of grant of anticipatory bail particularly in cases of large magnitude affecting a very large number of people.

vii. The courts must evaluate the entire available material against the accused very carefully. The court must also clearly comprehend the exact role of the accused in the case. The cases in which accused is implicated with the help of Sections 34 and 149 of the Indian Penal Code, the court should consider with even greater care and caution because over implication in the cases is a matter of common knowledge and concern;

viii. While considering the prayer for grant of anticipatory bail, a balance has to be struck between two factors namely, no prejudice should be caused to the free, fair and full investigation and there should be prevention of harassment, humiliation and unjustified detention of the accused;

ix. The court to consider reasonable apprehension of tampering of the witness or apprehension of threat to the complainant;

x. Frivolity in prosecution should always be considered and it is only the element of genuineness that shall have to be considered in the matter of grant of bail and in the event of there being some doubt as to the genuineness of the prosecution, in the normal course of events, the accused is entitled to an order of bail.

123. The arrest should be the last option and it should be restricted to those exceptional cases where arresting the accused is imperative in the facts and circumstances of that case.

124. The court must carefully examine the entire available record and particularly the allegations which have been directly attributed to the accused and these allegations are corroborated by other material and circumstances on record.

8) What is evidence?

As per S 3 of Evidence Act:- Evidence means and includes-
1) All statements which the court permits or requires to be made before it by witnesses,in relation to matters of fact under inquiry;such statements are called oral evidence;
2) all documents including electronic records produced for inspection of court,such documents are called documentary evidence.
In short,evidence means all oral or written statement made before court relating to matter in controversy.
9) What is admission?
An admission is a statement,oral or documentary or contained in electronic form made against the interest of maker of statement.It is also an acknowledgment that a certain fact or statement is true. S 17 of evidence Act provides definition of admission.Admission is only piece of evidence and can be explained;it does not conclusively bind a party unless it amounts to an estoppel.

10) What is Adverse possession?

Adverse possession is when the true owner of a property loses his ownership rights owing to inaction on his part to remove a trespasser within a statutory period from the property. After lapse of the statutory limitation period for eviction, the true owner is barred from initiating any legal proceeding to repossess his property and the trespasser acquires the title to that property by adverse/hostile possession.
Adverse possession is a legal theory under which someone who is in possession of land owned by another can actually become the owner if certain requirements are met for a period of time defined in the statutes of that particular jurisdiction. Adverse possession was historically used as a means of encouraging people to bring unused or uninhabited land into productive use.
Requirements for Adverse Possession
Adverse possession requires that an occupation be:

  1. Hostile
  2. Actual
  3. Open and notorious
  4. Exclusive and continuous
11) Enquiry for custodial death is conducted under which section of CRPC?

U/S 176 of CRPC Magistrate to conduct inquiry in to cause of death.
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