Help in General Law cases of CS test paper

Hi,

Answer to First question:

According to Section 29 of the Criminal Procedure code, Chief Juducial Magistrate does not have power to pass life imprisonment sentence. Relevant section is mentioned below:

29.Sentences which Magistrates may pass.- (1) The Court of a Chief Judicial Magistrate may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years.

(2) The Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding five thousand rupees, or of both.

(3) The Court of a Magistrate of the second class may pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding one thousand rupees, or of both.

(3) The Court of a Chief Metropolitan Magistrate shall have the powers of the Court of a Chief Judicial Magistrate and that of a Metropolitan Magistrate, the powers of the Court of a Magistrate of the first class.

Answer to Second question:

Gift is complete as the donee has accepted the same. hence, he can present the gift deed for registration within 4 months from the date of death.

(A) Section 25 of the Registration Act allows presentation within further four months. The section indicates other conditions, especially that a fine can be imposed. If eight months have lapsed from the date of execution of the document, perhaps there is no remedy.
If the Registrar refuses to register, the Act provides for further proceedings.
(B) A gift of immovable property is not complete until it is registered.
(C) An executor appointed by a will represents the deceased, assuming the will is the last valid will of the deceased.If the will is valid and is the last will, (questions the Registrar is bound to consider, unless there is a probate), the executor is the correct representative.

 Thank u very much Vivek...ur help is really appreciated...

U r most welcome.... Actually, i struggled a lot to write those test papers... I needed to answer 3 papers... So, i know its pain... I think now it is one na...? Anyhow, if u need any further help, u post it here... i will try to solve... I have 2008 series test paper answers.

hi fnds i need some help n regard to solve these cases with reasons plz help any one n this regard....

1. Avinash files as suit against Brij and Suresh to obtain the possession of house X. During the pendency of this suit Dinesh transfers house X to Mahendra. Ultimately, the court passes a decree in favour of Avinash and against Brij and Suresh. Is this decree binding against Mahendra as well?
2. 2. Anurag, proceeding t o Europe, leaves his furniture in charge of Birender, as his agent during his absence. Birender, without Anurag’s authority, pledges the furniture to Chaman, and Chaman knowing that Birender had no right to pledge the furniture, advertises it for sale. Can Chaman be compelled to deliver the furniture to Anurag?
3. Avinash, residing in Delhi, requests his friend Bishony, residing in Lucknow, for a loan of Rs. 10 lakh. Bishony asks Avinash to come to Lucknow and collect the cheque for the said amount.  Accordingly, Avinash collects the cheque at Lucknow. Avinash has failed to repay the loan. Bishony wants to institute a suit for the recovery of loan against Avinash. Mention the place where Bishony can file a suit against Avinash. Give reasons in support of your answer.
4. Vicky sells to Dimple, by deed, “my estate at Rampur containing 100 bighas”. Vicky has an estate at Rampur containing 100bighas. Can late, on Vicky be allowed to give evidence of the fact that the estate meant to be sold was one situated at a different place and of different size?
5. X commits an offence by causing injury to Y, punishable under Section 323 of the Indian Penal Code which is punishable for a term of one year or with a fine of Rs.1,000. Y, makes a complaint to the Metropolitan Magistrate against X after 10 months of the commission of the offence. Can the said court take cognizance of that offence?

Hi, Divayashree, i will gv answers to some of your questions... But you must confirm it with the ICSI material. 1. Decree is not binding against Mahendra... Becuase decree is binding only on those persons against whom it is passed... It is issued against Brij & Suresh... Hence, it is not binding against Mahendra (Check the answer in Code of civil procedure chapter)

hi!!! can any one tell me d answer for this case law:"a document which is apparently an agreement granting a franchise is produced in the court but is not stamped . Examine citing relevant provisions of the indian stam act 1899.whether 1)the document is void ;2) the document can be admitted on the payment of penalty;3) the portion are liable to be prosecuted

hi fnds i need some help n regard to solve these cases with reasons plz help any one n this regard

Anurag, proceeding t o Europe, leaves his furniture in charge of Birender, as his agent during his absence. Birender, without Anurag’s authority, pledges the furniture to Chaman, and Chaman knowing that Birender had no right to pledge the furniture, advertises it for sale. Can Chaman be compelled to deliver the furniture to Anurag?

Avinash, residing in Delhi, requests his friend Bishony, residing in Lucknow, for a loan of Rs. 10 lakh. Bishony asks Avinash to come to Lucknow and collect the cheque for the said amount.  Accordingly, Avinash collects the cheque at Lucknow. Avinash has failed to repay the loan. Bishony wants to institute a suit for the recovery of loan against Avinash. Mention the place where Bishony can file a suit against Avinash. Give reasons in support of your answer.

hi fnds i need some help  regard to solve these cases with reasons plz help any one n this regard

Anurag, proceeding t o Europe, leaves his furniture in charge of Birender, as his agent during his absence. Birender, without Anurag’s authority, pledges the furniture to Chaman, and Chaman knowing that Birender had no right to pledge the furniture, advertises it for sale. Can Chaman be compelled to deliver the furniture to Anurag?

Avinash, residing in Delhi, requests his friend Bishony, residing in Lucknow, for a loan of Rs. 10 lakh. Bishony asks Avinash to come to Lucknow and collect the cheque for the said amount.  Accordingly, Avinash collects the cheque at Lucknow. Avinash has failed to repay the loan. Bishony wants to institute a suit for the recovery of loan against Avinash. Mention the place where Bishony can file a suit against Avinash. Give reasons in support of your answer.

hi sir, i need some help  regard to solve these cases with reasons plz help any one n this regard

Anurag, proceeding t o Europe, leaves his furniture in charge of Birender, as his agent during his absence. Birender, without Anurag’s authority, pledges the furniture to Chaman, and Chaman knowing that Birender had no right to pledge the furniture, advertises it for sale. Can Chaman be compelled to deliver the furniture to Anurag?

Vicky sells to Dimple, by deed, “my estate at Rampur containing 100 bighas”. Vicky has an estate at Rampur containing 100bighas. Can late, on Vicky be allowed to give evidence of the fact that the estate meant to be sold was one situated at a different place and of different size?

dear friends please help me  in  the following questions. its very urgent.

QUE A) a document , which is apparently an agreement granting a franchise , is produced in the court , but is not stamped . examine, citing relevant provisions of the indian stamp act, 1899, whethe   :

1) the document is void , or

2) the document can be admitted on payment  of penality , or

3) the parties are liable to be prosecuted?

QUE B): avinash files a suit aganist brij and suresh to obtain the possesssion of house X. During the pendency of this suit dinesh transfers house X to mahendra. ultimately, the court passes a decree in favour of avinash and against brij and suresh. is this decree binding against mahendra as well?

QUE C): Anurag, proceeding to europe, leaves his furniture in charge of birender, as his agent during his absence. Birender, without anurag`s authority, pledges the furniture to chaman, and chaman knowing that birender had no right to pledge the furniture, adversties it for sale. can chaman be compelled to deliver the furniture to anurag?