Nalanda Sem VI Q-A Viva Practical Training

1. What are the professional ethics for the practicing advocate?
A: Conduct with dignity and self respect, not to influence the decision of Court by illegal means, appear in prescribed dress in presentable manner.

2. Why the capital punishment be abolished?
A: As per UDHR it is denial of Human rights

3. What are the grounds for divorce available to the wife under the Hindu Marriage Act?
A: Adultery, Cruelty, virulent and incurable form of leprosy, Husband not heard of alive since more than 7 years

4. What are the Articles 32 and 226 of the Indian Constitution?
A:32: Writ Jurisdiction of SC and 226 : of HC

5. What is the original side of the Bombay High Court, elaborate?
A: In Mumbai & Mumbai Suburban District, Suit in respect of claim or property value of more than Rs.50000 has to be filed in Original Jurisdiction

6. What is malicious prosecution?
A: It is an intentional tort, while like the tort of abuse of process, its elements include (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution.

7. What is adultery?
A: is Voluntary sexual intercourse between a married person and another person who is not their married spouse

8. What is approver?
A: The present confirmation, ratification, or assent to some action or thing done by another, which is submitted to an individual, group, or governmental body for judgment.

9. What is the position of Attorney General in the Constitution of India?
A: He appears on behalf of Government of India in all cases in the Supreme Court and give advise to President etc

10. What is dying declaration?
A: The statement which is made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that person’s death comes into question

11. When the valid contract is complete?
A: Contract become complete when it satisfy the requisite requirements i.e. parties competent to make contract are made by free consent for a lawful consideration and with a lawful object and not expressly declared to be void under the Indian Contract Act.

12. What are the guidelines laid down in D K Basu’s case?
A: Police personnel should carry proper identification tag, to make proper memo with witness, inform to arrested person about his rights, to notify to next friend or relative about arrest, entry in diary, to present before magistrate within 24 hours etc.

13. How many kinds of mortgages are there under T. P Act?
A: Simple mortgage 2. mortgage by conditional sale 3. English mortgage 4. mortgage by deposit of title deeds 5. anomalous mortgage.

14. What is the meant by `precedent’?
A: An earlier judgement of Supreme Court or High Court applied in similar type of subsequent cases for decision.

15. What is `Muta Marriage’?
A: A short term contractual relationship wherein marriage last for a fixed period wherein the man pay agreed consideration as per the Muslim Law.

16. What are the Rules of Limitation under Cr.P.C?
U/s 468 r/w 469, (a) Six months, if the offence is punishable with fine only;
(b) One year, if the offence is punishable with imprisonment for a term not exceeding one year;(c) Three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.

17. What is rule of law?
A: The rule of law is a legal maxim that states no person is immune to law.

18. What is Section 498-A under I.P.C?
A: Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

19. What is meant by oppression and mismanagement is a company?
The rule majority must prevail does not operate in cases of oppression and mismanagement in a company i.e. when majority behaves in a oppressive manner or mismanages the affairs of the company which might result into great loss to minority.

20. What are the rules of natural justice?
A: The fundamental principles widely held to be legally necessary to a fair trial or valid decision: 1. nemo iudex in causa sua: “nobody shall be a judge in his own cause”, invalidating any judgment where there is a bias or conflict of interest or duty; and 2. audi alteram partem: “hear the other side”, giving at least a fair opportunity to present one’s case.

21. What is prevention detention?
A: It is an imprisonment that is not imposed as the punishment for a crime, but in order to prevent a person from committing a crime.

22. Defenses available to the employer in the Workmen’s Compensation?
1. Inevitable accident 2. Negligence of worker

23. Who is ‘workman’ under I.D. Act?
A: Any person (including an apprentice) employed in any industry to do any skilled or unskilled, manual, supervisory, technical, clerical or operational; for hire or reward whether the terms of employment be expressed or implied. It includes for the purposes of any proceeding under I.D. Act in relation to an industrial dispute any such person who has been dismissed, discharged or retrenched in connection with as consequence of that dispute or whose dismissal, discharge or retrenchment has lead to that effect or dispute.

24. What is the jurisdiction of Bombay High Court, state any three?
A: Jurisdiction of Bombay High Court are : Original, Civil, Writ, testamentary jurisdiction etc.

25. In Bombay in which court you would file matrimonial petition under Hindu Marriage Act/Spl. Marriage Act?
A: Family Court

26. When document transferring immovable property is re required to be registered?
A: If the document is covered by Section 17 of the Registration Act and/or if the value of the immovable property transferred is having value of more than Rs.100/-, then such document is required to be registered.

27. What is-defamation?.
A: U/s 499 of IPC Defamation means whoever by words, either spoken or intended to be read, or by signs or by visible representation, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person.

28. Under what article of the Constitution of India the Writ Petition lies before the S-C?
A: Article 32

29. What is Res Judicata?
A: Sec 11 of COC embodies doctrine of Res Judicata means the conclusive judgement given either on the facts of the case or on the point of law or on both by competitive court then the parties to the suit are prevented from initiating fresh proceedings on the same case of action.

30. What are the main recitals-in the sale deed?
A: Date, Parties, description of property, the history of title, representations of the Vendor.

31. What are various Writs which can be issued by the SC? ”
A: Habeas Corpus. Mandamus, Prohibition, Quo Warranto and Certiorari for the enforcement of fundamental rights.

32. What is the Offence for Dishonour of Cheque? Under what Act?
A: Where any cheque was drawn by a person on account maintained by him with the banker for the payment of any amount of money to another person for discharge in whole or in part of any debt or other liability and it was returned by the drawee bank unpaid either
because the amount of money in the account is insufficient or it exceeds the amount arranged to be paid, such person shall be deemed to have been committed offence u/s 138 of the Negotiable Instrument Act.

33. Can the Minor be admitted into partnership?.
A: Yes, minor can be admitted into partnership for his benefits but he is not liable for any losses.

34. What is the rule of Res Ipsa Loquitor?
A: The thing speaks for itself. A rebuttable presumption or inference that the defendant was negligent, which arises upon proof that the instrumentality or condition causing the injury was in the defendant’s exclusive control and that the accident was one that ordinarily does not occur in the absence of Negligence.

35. When consent of contract is said to be not free?
When consent is caused by coercion, undue influence, fraud, misrepresentation, mistake; consent said to be not free.

36. What are the offences punishable at the stage of preparation itself?
Preparation of : Waging war, Dacoity, counterfeiting coins and Government stamps, Possessing counterfeit coins, false weight or measurement and forged documents.
37. What is the doctrine of Ultra Vires under company Law?
Any transaction outside the scope of company’s objects is ultravires the company and is void.

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