Saturday 6 March 2021

Questions and answers on law Part 19


Q 1:- What is meant by deemed decree ?

Ans:- A deemed decree is one which, though not fulfilling the essential features of a decree as required by the Code has been expressly categorised as a decree by the legislature. An adjudication which does not formally fall under the definition of decree stated under section 2(2) of the Code of Civil Procedure but due to a legal fiction, they are deemed to be decrees are considered as deemed decrees. Rejection of plaint and determination of the issue of restitution of property are deemed decree. Order passed under O 21,R 58(4), R 98 and 100 are deemed decree.

Q 2:- Whether promissory note which is not duly stamped is admissible in evidence after its impounding? 
"promissory note" which is payable otherwise than
on demand not duly stamped as required by
ScheduleI Article 49(b) of Indian Stamp Act,
1899, is inadmissible in evidence. Same cannot be
received in evidence even on payment of deficit
stamp duty and penalty. The defect that,
promissory note is not duly stamped or
inadequately stamped, cannot be cured in view of
the proviso (a) to Section 35 of the Indian Stamp
Act, 1899, as held by this Court in the case of
M/s. Wolstenholme International Ltd., (supra).
Therefore, this Court is of the opinion that, the
view taken by the Cooperative
Court, Nanded i.e.
trial Court, is the correct view.


Shiva Sahakari Up Jal Sinchan Sanstha Ltd. Vs The Nanded District CentralCoop.


PRONOUNCED ON :25/07/2012

Q 3:- Whether benefit of probation of offenders Act can be given in cheque dishonour case?

Ans:- In the totality of the facts and circumstances of the case, learned Appellate Court was justified in extending the benefit of Section 4 of the Act of 1958 and also ordering that the complainant-petitioner is entitled to get the cheque amount deposited by the accused-Respondent No. 1 before the Trial Court. 
Rajasthan High Court

Sunil Jain vs Sugna National Engineering And ... on 29 April, 2013

Q 4:- Whether court should administer oath to accused before recording his confession?
Ans:- Section 164(5) Cr.P.C. specifically provides that no oath shall be administered to an accused while recording his confession. Administration of oath to the accused in his confessional statement is violative of mandatory provisions of Article 20(3) of the Constitution and Section 281 Cr.P.C. Thus, the Magistrate cannot administer oath to the accused before recording his confessional statement and if he does so, the statement is illegal and should be excluded from consideration.

Q 5:- Whether JMFC can record statement of witness u/s 164 of crpc of case under MCOCA Act

There is no special provision under MCOCA for recording of statement of a witness by Court/ Judge. No doubt there is provision for giving protection to witness and pass such orders for his protection, but not similar to S. 164 Cr. P. C. Hence, provisions of Cr. P. C. are available to MCOCA judge. JMFC has jurisdiction to record such statement as it is not prohibited or no contrary provision is made in MCOCA. This Act specifically bars only those provisions which are contrary to the special provisions of the said Act. 

Q 6:- Basic concept of  Appreciation of Evidence 
Ans:- Appreciation of evidence is a term used in Indian law to refer to the consideration or examination of the evidence by the court. It involves weighing the credibility and reliability of the evidence presented in the case.

Q 7:- What are sunshine and sunset law?
Ans:- Sunshine laws are laws allowing public access to meetings of public bodies. They basically outlaw secret meetings of public bodies to set policy or agendas.Sunset laws are laws that expire after a certain time. Like tax breaks for the rich..

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