Saturday 18 September 2021

Questions and answers on law part 34

 Q 1:- Whether statement of victim recorded U/S 164 of CRPC can be treated as evidence under POCSO Act?

Ans:-  In view of the aforesaid discussion, we answer question No. 1 by holding that the statement recorded under Section 164 of Cr.P.C. cannot be considered to be evidence under Section 35 of the POCSO Act.

 In the High Court of Karnataka(Principal Bench at Bengaluru)

(Before B.V. Nagarathna and M.G. Uma, JJ.)

Criminal Petition No. 2951/2020:

Hanumantha Mogaveera Vs State of Karnataka, 

Decided on April 23, 2021

Citation: 2021 SCC OnLine Kar 12300 : (2021) 3 KCCR 1897 (DB)

Q 2:- Which court will have jurisdiction to try suits under 

the prohibition of child marriage Act 2006?

Ans:- Section 8 the prohibition of child marriage Act 2006:- Court to which petition should be made.

For the purpose of grant of reliefs under sections 3, 4 and 5, the district court having jurisdiction shall include the district court having jurisdiction over the place where the defendant or the child resides, or where the marriage was solemnised or where the parties last resided together or the petitioner is residing on the date of presentation of the petition.

Q 3:- Whether recovery suit by a bank is a commercial suit?

Ans: Commercial suits include suit arising out of the ordinary transactions of merchants, bankers and traders; and amongst others those relating to the construction of mercantile documents, export or import of merchandise, affraightment, carriage of goods by land, sea or air insurance, banking and ...

Thus, depending upon the transaction involved and if parties themselves term it as commercial suit depending upon pecuniary subject matter then only it can be treated as commercial suit...

Each and every recovery suit of bank is not an commercial suit..

Q 4:- Whether assistant sessions judge can hear appeals ? if yes,  which appeals ?

Ans:- Central Government Act
Section 381 in The Code Of Criminal Procedure, 1973

381. Appeal to Court of Session how heard.
(1) Subject to the provisions of sub- section (2), an appeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions Judge: Provided that an appeal against a conviction on a trial held by a Magistrate of the second class may be heard and disposed of by an Assistant Sessions Judge or a Chief Judicial Magistrate.
(2) An Additional Sessions Judge, Assistant Sessions Judge or a Chief Judicial Magistrate shall hear only such appeals as the Sessions Judge of the division may, by general or special order, make over to him or as the High Court may, by special order, direct him to hear.

Q 5:- Does A High Court's Order Staying A Central Law Or Rule Apply Throughout The Country?

Ans: In 2004, the Supreme Court in Kusum Ingots and Alloys Ltd. v. Union of India held that an order passed on a writ petition questioning the constitutionality of a Parliamentary Act, whether interim or final, will affect the territory of India subject to the applicability of the Act. A Division Bench of Chief Justice S.B. Sinha and Justice S.H. Kapadia held :

"An order passed on writ petition questioning the constitutionality of a Parliamentary Act whether interim or final, keeping in view the provisions contained in Clause (2) of Article 226 of the Constitution of India, will have effect throughout the territory of India subject of course to the applicability of the Act".

Q 6:- Whether  criminal court can suspend sentence of fine?

Ans: Yes, as per sec.389 crpc, court can suspend 

the sentence. And sentence include imprisonment 

as well as fine.  Further, as per sec.357(2) CRPC, fine 

not to be paid till appeal period lapsed.

Hence, accused have right to challenge sentence of 

imprisonment as well as quantum of fine. If he is

 willing to prefer an appeal, court passing sentence

 can suspend till appeal period.

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