Tuesday 9 August 2022

Questions and answers on law Part 43

 Q1:-  Whether the court can allow production of sale deed of subsequent purchaser of suit property as additional evidence in a civil appeal executed during pendency of  partition suit?

Ans:- The court should not allow production of sale deed of subsequent purchaser in civil appeal as it production its not necessary for disposal of appeal.

Q 2:- An undertrial who is suffering life imprisonment is convicted for an offence U/S 325 of IPC. Whether  his subsequent sentence will run concurrently?

Ans:  S .427of CRPC:- Sentence on offender already sentenced for another offence.

(2) When a person already undergoing a sentence of imprisonment for life is sentenced on a subsequent conviction to imprisonment for a term or imprisonment for life, the subsequent sentence shall run con- currently with such previous sentence.

Q 3:-  An application is filed by a party not within the jurisdiction of Magistrate for recovery of maintenance u/s.125(3) CrPC on the ground that any Magistrate can enforce the said order as per in S.128 Cr.P.C. Whether Magistrate can entertain the said application for which he does not have jurisdiction?

Ans:-The order of maintenance may be enforced as a money decree of a civil court as per the provisions of the CPC, more particularly S.51, S.55, S.58, S.60 r/w. Order XXI CPC.(Rajnesh v. Neha : AIR 2021 SC 569https://www.lawweb.in/2022/08/whether-order-of-maintenance-us-125-of.html

Q 4:-  The accused is sentenced to life imprisonment and a fine. Can he be punished for defaulting in payment of a fine? How much default sentence of imprisonment?

Ans: Section 57 in The Indian Penal Code
57. Fractions of terms of punishment.—In calculating fractions of terms of punishment, 56 [imprisonment] for life shall be reck­oned as equivalent to 56 [imprisonment] for twenty years.
Section 65 in The Indian Penal Code
65. Limit to imprisonment for non-payment of fine, when imprison­ment and fine awardable.—The term for which the Court directs the offender to be imprisoned in default of payment of a fine shall not exceed one-fourth of the term of imprisonment which is the maximum fixed for the offence, if the offence be punishable with imprisonment as well as fine.

As per Section 57 of IPC, the sentence of imprisonment for life shall be counted as 20 years. As per S 65 of IPC in default of fine, 1/4 of 20 years shall be 5 years.

If the appropriate government commute a sentence of 14 years to life imprisonment, then he will be sentenced to 5 years more.

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