Wednesday, 20 January 2021

Questions and Answers on law Part 17

Q 1:- Whether Judgments and orders passed by Civil court are executable throughout the territory of India?

Ans:-Yes, as per Article 261(3) in The Constitution Of India 1949

(3) Final judgments or orders delivered or passed by civil courts in any part of the territory of India shall be capable of execution anywhere within that territory according to law.
Q.2:- What is difference between Charge and mortgage?
The distinction between a charge and a mortgage is clear. While in the case of a charge there is no transfer of property or any interest therein, but only the creation of a right of payment out of the specified property, a mortgage effectuates transfer of property or an interest therein.In short charge is not transfer of interest whereas mortgage is transfer of interest.
Read Supreme court Judgment on the point here:-

Q 3:- What is meaning of Corpus delicti?

Corpus delicti (Latin: 'body of the crime'; plural: corpora delicti) is a term from Western jurisprudence referring to the principle that a crime must be proved to have occurred before a person can be convicted of committing that crime.

For example, a person cannot be tried for larceny unless it can be proven that property has been stolen. Likewise, in order for a person to be tried for arson it must be proven that a criminal act resulted in the burning of a property. Black's Law Dictionary (6th ed.) defines "corpus delicti" as: "the fact of a crime having been actually committed".

Q 4:- Whether Pocso court can allow termination of pregnancy of minor rape victim ? What are the considerstion while deciding such application?

As per section-29 of the Juvenile Justice (Care & Protection of Children) Act 2015, the Committee shall have the authority to dispose of cases for the care, protection, treatment, development and rehabilitation of the children in need of care and protection, as well as to provide for their basic needs and protection. Where a Committee has been constituted for any area, such Committee shall, notwithstanding anything contained in any other law for the time being in force but save as otherwise expressly provided in this Act, have the power to deal exclusively with all proceedings under this Act relating to children in need of care and protection.
As per Section 30 of the Juvenile Justice (Care & Protection of Children) Act, the committee shall perform the following functions, namely:-
m. taking action for rehabilitation of sexually abused children who are reported as children in need of care and protection to the Committee by Special Juvenile Police Unit or local police, as the case may be, under the Protection of Children from Sexual Offences Act, 2012;
At some places, child welfare committee is permitting abortion of minor victim.
Q 5:-  Whether limitation period will extend in civil suit if cheque was issued which was dishonoured?

Ans:- If Cheque was issued before expiration of original limitation, it falls under the category of written acknowledgement u/s 18 of limitation act.

If it was issued after limitation, it might be considered a written promise to pay time barred debt u/s 25(3) of Indian Contract act. Thus, a fresh limitation might start from issuance of cheque.

Q 6:- What is basic concept of issue estoppel?

Ans:- The Hon'ble Supreme Court in the case of Masud Khan vs. State of Uttar Pradesh, (1974) 3 SCC 469 had the occasion to consider the question of applicability of principle of issue-estoppel to judicial proceedings.

The principle of issue-estoppel is simply this: that where an issue of fact has been tried by a competent court on a former occasion and a finding has been reached in favour of an accused, such a finding would constitute an estoppel or res judicata against the prosecution not as a bar to the trial and conviction of the accused for a different or distinct offence but as precluding the reception of evidence to disturb that finding of fact when the accused is tried subsequently even for a different offence which might be permitted by law.
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