Important Questions and answers on law (Part 7 )

 

1) Questions and answers on law (Part 82)

https://www.lawweb.in/2026/02/questions-and-answers-on-law-part-82.html

2) Questions and answers on law (Part 83)

https://www.lawweb.in/2026/02/questions-and-answers-on-law-part-83.html

3) Questions and answers on law (Part 84)

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Important Questions and answers on law (Part 6 )

 

1) Questions and answers on law (Part 72 )

https://www.lawweb.in/2025/06/questions-and-answers-on-law-part-72.html

2) Questions and answers on law (Part 73)

https://www.lawweb.in/2025/08/questions-and-answers-on-law-part-73.html

3) Questions and answers on law (Part 74)

https://www.lawweb.in/2026/02/questions-and-answers-on-law-part-74.html

4) Questions and answers on law (Part 75)

https://www.lawweb.in/2026/02/questions-and-answers-on-law-part-75.html 

5) Questions and answers on law (Part 76)

https://www.lawweb.in/2026/02/questions-and-answers-on-law-part-76.html

6) Questions and answers on law (Part 80)

https://www.lawweb.in/2026/02/questions-and-answers-on-law-part-80.html

7) Questions and answers on law (Part 81)

https://www.lawweb.in/2026/02/questions-and-answers-on-law-part-81.html

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Questions and answers on law (Part 86)

Q :-  Whether Sanction for all offences  under corruption  act is required , for which offences  sanction is not required? How sanction for prosecution in proved in cases under prevention of corruption act

Ans:- 1) Is sanction required for all PC Act offences?

No. Sanction under Section 19 PC Act is required only when the accused is a “public servant” and the court is taking cognizance of specified PC Act offences (bribery/criminal misconduct etc.) and the person is still covered as a public servant at the relevant time.

2) For which situations/offences sanction is not required?

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Questions and answers on law {Part 93}

 Q :- What are Coparcenary rights of daughter? Whether after death of daughter, her children can claim rights in coparcenary property?

Ans:- “Coparcenary is a narrower body within a Mitakshara joint Hindu family, consisting of persons who acquire an interest in coparcenary property by birth. After the Hindu Succession (Amendment) Act, 2005, under Section 6, the daughter of a coparcener also becomes a coparcener by birth in her own right, in the same manner as a son, with equal rights and liabilities, including the right to claim partition. The Supreme Court in Vineeta Sharma v. Rakesh Sharma clarified that this right of the daughter is by birth, and it is not necessary that the father should have been alive on 9 September 2005. However, the amendment does not reopen dispositions, alienations, partitions, or testamentary dispositions validly effected before 20 December 2004.So far as the daughter’s death is concerned, if she had acquired a share in the coparcenary property, that share devolves by succession upon her legal heirs. Therefore, her children can claim the share devolving through her, but they do not become coparceners in the maternal grandfather’s HUF merely by virtue of being her children.”

One liner

“Section 6 gives daughters equal coparcenary rights by birth. After her death, her interest devolves on her heirs; hence her children can succeed to her share, but they do not become coparceners in her father’s HUF solely on that basis.”

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Questions and answers on law {Part 92}

 Q 1:- What are Kinds of estoppel?

Ans:- “Broadly, estoppel is of three classical kinds: estoppel by record, estoppel by deed, and estoppel by conduct or representation. In modern law, promissory estoppel is also a well-recognized form, where a person who makes a clear promise, intending another to act on it, cannot later go back on it if the other has altered his position. Thus, estoppel prevents a party from denying what he earlier represented.

Brief classification

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Questions and answers on law (Part 91)

 Q  When A B &C conspires , B and C having a separate communication, can A be held liable? 

Ans:- Yes—A can be held liable, but only if the prosecution proves that A was a party to the same agreement or common design; the mere fact that B and C later had a separate communication does not by itself make A liable for everything said or done between them. Under Section 120A IPC, the essence of criminal conspiracy is the agreement of two or more persons to do an illegal act, or a legal act by illegal means, and Section 120B IPC punishes anyone who is a party to that conspiracy.

Core principle

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Questions and answers on law (Part 90)

Q 1:-  A person has died by strangulation and a rope is found, how would this rope would be connected to the accused. How would Judge appreciate the evidence? What would be material evidence to this regard? 

Ans:- In such a case, the rope by itself is not enough; it must be linked to the accused through a complete chain of medical, forensic, recovery, and circumstantial evidence. The court should see whether the rope is proved to be the likely ligature used, whether it is connected with the accused, and whether all circumstances together exclude innocence.

30-second answer

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Questions and answers on law (Part 89)

 Q 1:- In a criminal appeal if it is brought to your notice as sessions judge  that all incriminating questions were not asked to the accused by the trial court, what are the options available to you as an appellate court? 

Ans:- Yes. If in a criminal appeal, it is found that all incriminating circumstances were not put to the accused under Section 313 CrPC, the appellate court must first see whether that omission caused material prejudice or failure of justice; the omission does not automatically vitiate the trial.

30-second answer

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Questions and answers on law (Part 88)

 

Q 1:- What is difference between Malfeasance,Misfeasance,and Nonfeasance ?

Ans:- https://www.lawweb.in/2019/07/what-is-difference-between.html

Q 2:- Whether appeal against status quo order is maintainable?

Ans:- An appeal against a status quo order is generally maintainable when the order is essentially one of temporary injunction under Order 39 Rules 1 or 2 CPC. In such a case, the remedy is an appeal under Order 43 Rule 1(r) CPC. However, the court will look to the real nature and source of the order; merely calling it a ‘status quo’ order is not decisive.”

Important distinction

If the status quo direction is actually an injunction restraining a party from changing possession, title position, construction, or nature of the property, it is treated as an appealable injunction order. But if the order is purely administrative, procedural, or not traceable to Order 39 Rules 1, 2, 4, or 10 CPC, appeal under Order 43 Rule 1(r) may not lie.

Judicial caution

Courts have also emphasized that a status quo order should not be passed casually, and it must satisfy the usual injunction tests such as prima facie case, balance of convenience, and irreparable injury. Therefore, maintainability of appeal depends on the substance of the order, not its label.

One-line answer

“An appeal against a status quo order is maintainable if the order is in substance a temporary injunction under Order 39 CPC, in which case appeal lies under Order 43 Rule 1(r) CPC.”

Q 3:- What is basic concept of Continuous offence with reference to Indian criminal law?

Ans:- https://www.lawweb.in/2024/06/what-is-basic-concept-of-continuous.html

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Questions and answers on law (Part 87)

 Q 1:- explain the procedure of session trial as per provisions of BNSS

The Sessions trial procedure under BNSS is laid down in the Chapter on “Trial before a Court of Session” (commonly taught as Sections 248–260).​

Step-wise procedure (BNSS)

1. Prosecution by Public Prosecutor: Every Sessions trial is to be conducted by a Public Prosecutor (S.248).​

2. Opening of prosecution case: After the case is committed to the Sessions Court and the accused appears/is brought, the prosecutor opens the case by describing the charge and stating the proposed evidence (S.249, linked with committal S.232).​

3. Discharge stage: The accused can seek discharge; BNSS introduces/mentions a timeline concept in practice notes (discharge application within 60 days of committal) and the Judge may discharge if there is no sufficient ground to proceed (S.250).

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Questions and answers on law (Part 94)

Q :- explain me procedure  of raid under  prevention of corruption  Act? 

Ans:-  A “raid” under the Prevention of Corruption Act is usually a trap/raid for bribe (Sections 7/8/12 PC Act) conducted by ACB/CBI, and the procedure is essentially the standard trap protocol plus statutory requirements on investigation and sanction.

Trap/Raid procedure (stepwise)

1. Complaint & verification

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Questions and answers on law (Part 85)

Q 1:- What is the meaning of legality Propriety and Correctness ? explain it with reference to indian law?

Ans:  In Indian procedural law, the expressions “legality, propriety and correctness” are used mainly to describe the grounds and limits of revisional/supervisory jurisdiction—i.e., when a higher court can interfere with an order of a subordinate court.

Where these words appear

1. Criminal revision (CrPC): Section 397(1) of CRPC {S 438 BNSS} empowers the High Court/Sessions Judge to call for the record to satisfy itself about the “correctness, legality or propriety” of any finding/sentence/order (and regularity of proceedings).

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Questions and answers on law (Part 84)

Q :-  Are All Offences Under NDPS Act Non-Bailable Irrespective Of Punishment Prescribed. explain its current legal status.

Ans:- Not all offences under the NDPS Act are non-bailable irrespective of the punishment. Section 37 creates a special, stringent bar to bail only for (i) offences under Sections 19, 24 and 27A, and (ii) offences involving commercial quantity. In these cases, bail can be granted only after giving the Public Prosecutor an opportunity to oppose, and the Court must record satisfaction on the “twin conditions”: there are reasonable grounds to believe the accused is not guilty, and that he is not likely to commit an offence while on bail. For other NDPS offences not covered by Section 37, bailability is generally assessed under the normal BNSS framework, largely by reference to the maximum punishment prescribed, so some such offences can be bailable depending on the provision and facts. 

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Questions and answers on law (Part 83)

 Q 1:- What is distinction between Cross‑objection and cross‑decree?

Cross-objections (filed under Order 41 Rule 22 CPC) are objections raised by a respondent within an existing appeal, treated as part of that same record to challenge an adverse finding, whereas cross-decrees refer to separate, opposing decrees between the same parties for money, allowing for set-off under Order 21 Rule 18 CPC. 

Key Differences:

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Questions and answers on law (Part 82)

Q 1:-   Whether statement recorded by officers under section 53 of ndps act are admissible? explain ratio of SC in the case of Tofan Singh v. State of Tamil Nadu (2021) 4 SCC 1

Ans:- Section 53 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, authorizes the Central and State Governments to grant officers from various departments, including Central Excise, Narcotics, Customs, and Revenue Intelligence, the authority of an officer in charge of a police station for investigating offences under the Act. 

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Questions and answers on law (Part 81)

 Q 1:- What are triple test for grant of bail?

Ans: The tripod test (or triple test) for granting bail in India involves assessing three key risks to determine if an accused should be released: the risk of absconding (flight risk), the risk of tampering with evidence, and the risk of influencing or intimidating witnesses. These factors are balanced against the gravity of the offense, the nature of the evidence, and the accused's roots in society. 

Key Components of the Tripod Test:

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Questions and answers on law (Part 80)

Q 1:-  Which is article of constitution under which  judgement of High court binding?

Ans:- Judgments of a High Court are binding on all subordinate courts and tribunals within its jurisdiction under Article 227 of the Constitution, which grants the High Court power of superintendence. While Article 141 makes Supreme Court rulings binding nationwide, High Court decisions are binding precedents within their respective states. 

Key Details on Binding Nature of High Court Judgments:

• Jurisdictional Scope: A High Court's decision is binding on subordinate courts/tribunals within its jurisdiction (i.e., within that state).

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Questions and answers on law (Part 76)

Q 1:- If five accused are charged for the offence and two are absconded how judge will decide the case?

 Ans:- In cases with five accused where two are absconding, the judge typically proceeds with the trial against the three present accused by splitting the trial, ensuring speedy justice for those in custody.

This approach avoids stalling the entire case due to absconders, as affirmed in Supreme Court rulings and procedural norms under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaced the CrPC.

Standard Procedure

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Questions and answers on law (Part 75)

 Q 1:-  Whether bail can be granted in case the accused found in possession of commercial quantity of drug?

Ans:- The "Twin Conditions" for Bail as per S 37 of NDPS Act : Bail can only be granted if the public prosecutor has had an opportunity to oppose the application, and the court is satisfied that there are reasonable grounds to believe that accused is not guilty and is not likely to commit any offense while on bail.

Q 2:- Whether there is any bar to grant bail under the NDPS Act?

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Questions and answers on law (Part 74)

Q 1:-  What is "tenant holding over" ?

 A distinction should be drawn between a tenant continuing in possession after the determination of the lease, without the consent of the landlord and a tenant doing so with the landlord's consent. The former is called a tenant by sufferance in the language of the English law and the latter class of tenants is called a tenant holding over or a tenant at will. The lessee holding over with the consent of the lessor is in a better position than a mere tenant at will.

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