Saturday 6 March 2021

Questions and answers on law part 20

Q 1:-  What is transit bail and when court should grant it?

Ans:- A transit bail is a bail granted by a Court not having jurisdiction over the place where offence was committed.

The purpose of transit anticipatory bail is to grant bail to a person till the time he/she reaches the appropriate Court so that in case the police wants to effect the arrest, the person will be released on bail. However, such bail is given at the condition that the accused has to cooperate in the investigation throughout the ongoing investigative process.

Q. 2:- Whether court can grant interim compensation as per O 15A of CPC(Maharashtra amendment) if eviction suit is filed against gratuitous licensee?

Ans: In case reported in AIR 2007 Bombay 83 Radheshyam v\s Tuljaprasad Honble Bombay High court has taken a view that the the provisions of order 15 A of C.P.C. would come into play only when there is prima facie evidence to show that the rent or licence fees was agreed between the parties.

In case of gratuitous licensee, there is no any fixed amount payable. Therefore no question of grant of interim compensation..

Q 3:-  Whether court should send order of cancellation of registered will to sub registrar?

Ans:- S 31 of specific relief Act,

(1) Any person against whom a written instrument is void or voidable, and who has reasonable apprehension that such instrument, if left outstanding may cause him serious injury, may sue to have it adjudged void or voidable; and the court may, in its discretion, so adjudge it and order it to be delivered up and cancelled.

(2) If the instrument has been registered under the Indian Registration Act, 1908 (16 of 1908), the court shall also send a copy of its decree to the officer in whose office the instrument has been so registered; and such officer shall note on the copy of the instrument contained in his books the fact of its cancellation.
Hence As will is registered, court should send it to sub-registrar.

Print Page

No comments:

Post a Comment