Tuesday 14 March 2023

Questions and answers on law Part 55

Q 1:- Whether Judgment passed by supreme court can be challenged before civil court? If it can be challenged under which provision?

Ans: As per S 44 of The evidence Act, if said judgment was obtained from Supreme court by fraud.
Central Government Act
Section 44 in The Indian Evidence Act, 1872

44. Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved.—Any party to a suit or other proceeding may show that any judgment, order or decree which is relevant under section 40, 41 or 42 and which has been proved by the adverse party, was delivered by a Court not competent to deliver it, or was obtained by fraud or collusion.
Q 2 :- Under Which provision of CPC ,The court can issue summons by Email?

Ans: O 5 R 9 Sub rule 3 of CPC

9 Delivery of summons by Court.- (1) Where the defendant resides within the jurisdiction of the Court in which the suit is instituted, or has an agent resident within that jurisdiction who is empowered to accept the service of the summons, the summons shall, unless the Court otherwise directs, be delivered or sent either to the proper officer to be served by him or one of his subordinates or to such courier services as are approved by the Court.

(2) The proper officer may be an officer of a Court other than that in which the suit is instituted, and where he is such an officer, the summons may be sent to him in such manner as the Court may direct.

(3) The services of summons may be made by delivering or transmitting a copy thereof by registered post acknowledgment due, addressed to the defendant or his agent empowered to accept the service or by speed post or by such courier services as are approved by the High Court or by the Court referred to in sub-rule (1) or by any other means of transmission of documents (including fax message or electronic mail service) provided by the rules made by the High Court:

Q.3:-  Can the amount of fine be levied even if the convict has served full term of imprisonment in default of its payment? State provisions of law.

Ans. Yes if the Court issues a warrant, special reasons will be recorded in it; or order has been made for payment of expenses/compensation under Section 357. [Section 421(1)(b), Proviso, Criminal Procedure Code, 1973 

"Provided that, if the sentence directs that in default of payment of the fine, the offender shall be imprisoned, and if such offender has undergone the whole of such imprisonment in default, no Court shall issue such warrant unless, for special reasons to be recorded in writing, it considers it necessary so to do, or unless it has made an order for the payment of expenses or compensation out of the fine under section 357]"

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