Sunday 29 August 2021

Questions and answers on law Part 27

Q 1:- Whether S24 of Maharashtra rent control Act applies to premises given on license for non residential purposes?

Ans- Scope of   S24 of Maharashtra rent control Act is  restricted to premises given on license for residence only.This section does not apply to premises given on licenes for non residential purposes.

Q 2 :- Whether court can direct APP to conduct warrant trial private complaint case after issue process if complainant is not appearing before court for conduct of prosecution?

Ans:-Yes. As per our criminal jurisprudence,Crime is against the society and not only that particular individual. Once cognizance is taken by court either on police report or private complaint and charge framed, then court cannot dismiss it for default of complainant in warrant triable cases. So yes if complainant do not appear to conduct the proceeding nor his advocate appear, then court can ask APP to conduct trial being officer of court.

Q 3:- What are protected structure prior to datum line in greater mumbai?

Ans:-Protected structure (Datum line 01/04/62 for commercial structure and 17/04/64 for residential structure) in private premises and to protected hutments (Prior to 01/01/1995) in notified slums.

Q 4:- Whether defendant can file application for return of plaint ?

Ans: O.7, R.10 of CPC do not specifically provide as to who shall move application for return of plaint.
This shows that court can on its own or whenever it is brought to its notice can return the plaint and intimate the plaintiff. Thus, defendant can move application in order to bring to courts notice if court do not do it suo moto.

 5:- What is the difference between motive and intention of crime?

Ans:- Although motive and intent are often used interchangeably, they are distinct concepts in criminal law. Motive deals with an individual's underlying reasons for committing a crime, whereas intent is concerned with their willingness to carry out specific actions related to the offense.

Q 6:- What conditions can be imposed by appellate court while staying decree of eviction?

Ans:- Court can grant reasonable compensation to landlord while staying eviction decree.

Q 7:- Can appellate court suspend the sentence upon dismissing the appeal against conviction upto three years  ?

Ans:- S 389 of CRPC:- Suspension of sentence pending appeal

(1) Pending any appeal by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail, or on his own bond.
(2) The power conferred by this section on an Appellate Court may be exercised also by the High Court in the case of an appeal by a convicted person to a Court subordinate thereto.
(3) Where the convicted person satisfies the Court by which he is convicted that he intends to present an appeal, the Court shall,-
(i) where such person, being on bail, is sentenced to imprisonment for a term not exceeding three years, or
(ii) where the offence of which such person has been convicted is a bailable one, and he is on bail, order that the convicted person be released on bail, unless there are special reasons for refusing bail, for such period as will afford sufficient time to present the appeal and obtain the orders of the Appellate Court under sub- section (1); and the sentence of imprisonment shall, so long as he is so released on bail, be deemed to be suspended.
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