ēLaw expert

03/03/2022

Q)Where a person commits a public nuisance:

A. He is liable to criminal prosecution under the Indian Penal Code, 1860

B. He may be proceeded against under s. 91 of the Code of Civil Procedure

C. He is liable to damages in a suit at the instance of a private individual who suffers special damage by reason of the nuisance

D. All of these

01/03/2022

Admissibility of secondary evidence under section 6


In Ashok Dulichand v. Madahavlal Dube and another [1975(4) SCC 664]

The learned court held that secondary evidence is admissible in case when it is to show the existence, conditions and contents of a document when it appears that the original document is in the custody of the person against whom the document is sought, or is out of reach, or is not legally bound to produce such document.

26/02/2022

Difference Between Question Of Law And Fact.

(i) Relation:
Question of law is purely related with the law.
Question of fact is not related with the law.

(ii)As to Proof:
There is no need to prove question of law.
Question of fact is needed to prove.

(iii)As to conversion:
Question of law cannot be converted into question of fact.
Question of fact may be converted into question of law.

(iv)Duty of Judge:
In a question of law, is the duty of the Court to ascertain the law and decide to case accordingly.
In a question of fact, it is the duty of the Court to weigh the evidence and then come to its conclusion.

(v) As to Authoritatively Answered:
Every question which has been authoritatively answered by the law is a question of law.
Every question which has not been determined before and authoritatively answered by the law is a question of fact.

(vi) Example:
In case of filing an appeal, delay explained is question of fact. On the other hand, whether such a fact is entertainable or not is a question of law.

Conclusion:
The sum up, I can say, that all matters and questions which come before a Court of justice are either of law or fact or judicial discretion. As the legal system grows, there is a tendency to transform question of fact, into those of questions of law.

26/02/2022

24/02/2022

DJS CIVIL JUDGE VACANCY 2022

22/02/2022

Under section 313 of CrPC, the statement of the accused
A.)has to be recorded on oath

B.)has to be recorded without oath

C.)either on oath or without oath depending on whether the case is a summons trial or a warrant trial
D.)
either on oath or without oath as per the discretion of the court

20/02/2022

According to Section 2(x) of the Code of Criminal Procedure, a warrant case is one that is related to an offense whose punishment can be a death sentence, life imprisonment or imprisonment for a term exceeding ___________ years.

A)ten
B)two
C)three
D)Seven

20/02/2022

In which of the following cases the evidence given by the witness will NOT be relevant under section 33 of the Indian Evidence Act, 1872?

A. When the witness is staying abroad

B. When the witness is dead

C. When witness cannot be found

D. When the witness is in coma

20/02/2022

In case of imprisonment for non-payment of fine, if a part of the fine is paid, such sentence:

A. shall be reduced proportionately

B. shall not be reduced in direct proportion to the fine paid

C. shall be reduced but subject to the discretion of the court as to the quantum of reduction

D. all of the above.

20/02/2022

Which of the following sections have been inserted in the Indian Penal Code, 1860 by the Criminal Law (Amendment) Act, 2013, namely:

A. Section 376A

B. Section 376B

C. Sections 166A, 166B, 354C

D. All of the above.