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Children born from second marriage do not have illegitimate childrenTelangana High Court

The court was considering the petition of a person whose application for compassionate appointment was rejected. In this case Arpula’s application for compassionate appointment was rejected by the Authority on the ground that he was an illegitimate child and was born of second marriage and that his father had not taken prermission from his first wife for marry his second wife . Read more.

 
Know on what grounds bail can be canceled

You are a common person, your nature is good, you do good work with the society, you have not committed any crime in your past life, your good character will work as a weapon to get you bail, maybe the judge will give you bail, but if If your past record is full of crime then you will be in trouble. But know that you will get this exemption only in bailable offences.

The provisions of cancellation of bail in the Indian Penal Procedure Code are given in the following sections 436 (2) 437 (5) 439 (2) 446 (a) in which the bail can be canceled

It is the right of every person to get bail. Bail is subject to the authority in bailable offenses and in non-bailable offenses depends on the discretion of the court. Read more

If you are going to make a will, then know the legal questions and answers related to the will?

This is called a Will in English, the documents of a will are statutory documents.

Those who decide the succession of property by the owner of a property on his death, these are the questions and answers to some questions related to the will by the legal advisor.

Can movable and immovable property be bequeathed?

Yes, both movable and immovable properties can be made, immovable property (land, house, whatever property is attached to the land) and movable property (car, animal, cash kept in the locker, etc., which is not attached to the land. Yes) Both can be willed.

What is the ability to make a will? Read more

Know how to arrest according to law.

If a crime has happened, or the police can arrest on the basis of suspicion, then how will the arrest be made, this article will understand from the definitions of the law. What are the duties of the police officer who is making the arrest and what are the rights of the person who has been arrested.

The provisions of the Indian Criminal Procedure Code 1974 lay down how the arrest should be made in accordance with the law, Section 46 of the Code of Criminal Procedure provides for arrest that when a person is arrested, the police officer making the arrest What are the duties and rights of the person to be arrested and the manner in which the police officer will arrest the person. Read more

Know when and how a woman will be arrested.

When and how will a woman be arrested? What should be the duties of the police authority to arrest women, under what circumstances a woman cannot be arrested, you will find answers to these questions in this article.

When to arrest a woman, to implement these points, provisions have been given in the law for the arrest of a woman.

The Code of Criminal Procedure Chapter 5 deals with arrest. Police officers and magistrates have been empowered to arrest a person. In some circumstances, a private person can also arrest a person. Read more

If your case is of civil nature then which court should you go to?

If your case is of civil nature, in which court do you have the right to file this article will give you the answer to your question, if you are a victim, then know that every person suffering from civil nature has the right to file a suit in the court for remedy.

Litigation can be judged on the basis of nature, subject matter and nature of dispute.

Section 15 – 20 of the Civil Procedure for the institution of suits is mentioned which shows where the suit will be instituted. Read more

Know how expensive it can be to give false evidence in favor of someone.

It is generally seen that people say that you become a witness on my behalf, I will be saved, but you should never agree to give false testimony to anyone, it is important for you that you should be saved from the clutches of the law. Know that it is common in society to lie, mislead, deceive,

A criminal person or any layman on behalf of the criminal person is bound to make his statement in court on oath by oath in court or by express provision of the court.

He knows whether the statement made by him is not true or false. Which he does not believe to be true, if any person does so or misleads the court, he shall be punished. Read more

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If you are going to make a will, then know the legal questions and answers related to the will?

New Delhi :– This is called a Will in English, the documents of a will are statutory documents.

Those who decide the succession of property by the owner of a property on his death, these are the questions and answers to some questions related to the will by the legal advisor.

  • Can movable and immovable property be bequeathed?
  • Yes, both movable and immovable properties can be made, immovable property (land, house, whatever property is attached to the land) and movable property (car, animal, cash kept in the locker, etc., which is not attached to the land. Yes) Both can be willed.
  • What is the ability to make a will?
  • Section 59 of the Indian Succession Act 1925

According to:

1-Any healthy adult person

2- The property is self acquired

If a person is a healthy adult and he himself has acquired the property which he has, then he can bequeath that property.

  • What can a person who has frequent manic attacks do?
  • Yes, such a person can bequeath his property at that time in his health. A will made by any kind of intoxication or fraud is not valid.
  • Can a will be made by a woman?
  • Yes, both men and women can make a will (Indian Penal Code Section 11) There is no difference between the two, only the importance is that the property should be acquired by himself.
  • Can a Will be withdrawn, and when is the execution complete?
  • The will can also be withdrawn by the testator at any time. Once he has made a will, he can also revoke the will and withdraw the will made by him. A will is executed only when the person making it dies. A will made by the person making a will cannot be executed while the person making the will is alive.
  • Is registration of a Will required?
  • In the Indian Succession Act, it is not necessary to register a Will or get it notarized. A piece of paper can also be a will. If a person wants to bequeath his acquired property, then the intention of the person making the will is seen, even the words written in the will are not given any special attention. Whatever be the word, whatever be the language, the intention of the person writing the will should be clear. There should be no doubt in the will.
  • Does the Registered Will strengthen the successor party?
  • Yes, although the law does not mention any special registration process in relation to the will, nor is it any obligation, but the registration of the will should be done. In such a situation, litigation can be avoided, because here it is argued with the successor party that the person who acquired the property has written it and got it signed by the person appointed by the government. has gone.
  • Is the Will decided separately between Hindus and Muslims?
  • Yes, Personal Law of Will comes under Indian Succession Personal Law, Hindu Succession Act for Hindus and Sharia Law for Muslims.

Will in Hindu Law Under the Hindu Succession Act, the property of those who dies without making a will is divided. Such a person is called intestate. Any Hindu person can bequeath the property acquired by him to whomever he wishes. That person cannot bequeath his ancestral property. property not acquired by him

  • Muslim law, there is no special provision like will in Muslim law, a Muslim person is ordered to divide the property acquired by him in the Shari’ah. In Muslim law also one-third of the property can be bequeathed. The rest of the property is ordered to be divided according to the Shariat.

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Know when and how a Woman will be Arrested

New Delhi :– When and how will a woman be arrested? What should be the duties of the police authority to arrest women, under what circumstances a woman cannot be arrested, you will find answers to these questions in this article.

When to arrest a woman, to implement these points, provisions have been given in the law for the arrest of a woman.

The Code of Criminal Procedure Chapter 5 deals with arrest. Police officers and magistrates have been empowered to arrest a person. In some circumstances, a private person can also arrest a person.

Arrest can be made without warrant or warrant. A man can be arrested at any time, but a woman cannot be arrested after sunset and before sunrise, due to which the accused take undue advantage of it in some cases. Or in some circumstances the police also make unreasonable arrests.

Woman’s arrest and timing

Section 46 of the Code of Criminal Procedure, while reinstating Sections 3 and 4, it was provided in the Code that except in some exceptional circumstances, no woman shall be arrested after sunset and before sunrise.

A woman police officer having territorial jurisdiction shall take permission in writing from such first class judicial magistrate under whose jurisdiction the case of crime has taken place, giving reasons in writing that the arrest of the offender is appropriate.

Can a woman be arrested by a male police officer?

A woman cannot be arrested by a male officer under normal circumstances, but a woman can be arrested if the circumstances are unreasonable.

 The matter related to this exceptional circumstance took place in Noida, the facts of which are as follows

In the case of Rajkumari Vs SHO Noida 2003 SC the Supreme Court held that even a male person can arrest a woman during the day due to necessary circumstances.

In this case, the petitioner Rajkumari said that she was arrested at 1:30 in the night, while the jurisdictional filed an affidavit in the court and told the court that the princess was arrested at 5:30, the petitioner had to prove the statement. There was no conclusive evidence for the arrest of the jurisdictional officer.

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Know how to arrest according to Law.

New Delhi :- If a crime has happened, or the police can arrest on the basis of suspicion, then how will the arrest be made, this article will understand from the definitions of the law. What are the duties of the police officer who is making the arrest and what are the rights of the person who has been arrested.

  • The provisions of the Indian Criminal Procedure Code 1974 lay down how the arrest should be made in accordance with the law, Section 46 of the Code of Criminal Procedure provides for arrest that when a person is arrested, the police officer making the arrest What are the duties and rights of the person to be arrested and the manner in which the police officer will arrest the person.
  • 1- The arrest of a person is made by the person arresting the body of the person by touching the object or by confining that person.
  • 2- If a woman is arrested, her surrender to custody shall be presumed on oral information in the arrest, unless the police officer is a woman. The male officer shall not arrest the accused woman.
  • 3-If the accused of any offense tries to use any kind of force to evade arrest or attempts to escape, the police officer may use the means necessary to make the arrest.
  • No woman shall be arrested after sunset and before sunrise unless the circumstances are unreasonable.
  • 5-Any police officer can arrest an accused by stalking all over India.
  • 6- If an accused escapes from police custody or is somehow freed, then such person can be arrested from anywhere, no warrant is needed to arrest him.
  • 7-The handcuffs should not be used for the prisoners to go from jail to court or to come back if the case is not a serious offence.
  • The Supreme Court has also clarified that if the above guidelines are not followed, the police officer will not only be liable for departmental proceedings but can also be punished for contempt of court.
  • Guidelines given to the police in the main case
  • In the case of Dileep K Basu vs State of West Bengal AIR 1997 SC, the Supreme Court has issued minimum protective guidelines regarding arrest and detention of persons.
  • The police officer has to wear clothes with his designation and clear name and identity.
  • The Inquiry Officer has to record the details of the inquiry in a register.
  • A memorandum of arrest will be prepared and the memorandum will be signed by the family member of the person to be arrested. If no family member is present, the signature of the person responsible for that area will be taken.
  • The place and time of arrest of the arrested person will have to be communicated to his relative.
  • A police diary shall be maintained in the police station where the arrested person is kept, the name of the person to whom the information of the arrested person has been given along with the particulars of the police officers by whom the arrest has been made.
  • On the request of the arrested person, his medical examination will be done, if that person has any injury or wounds on his body, then his inspection memorandum will have the signature of the police officer and the arrested person.
  • Documents related to the arrest of the arrested person will be sent to the Magistrate of the area for his record.
  • The arrested person has the right to meet his lawyer during the detention.
  • Police control room will be set up by each district headquarters.

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Know on what grounds bail can be canceled

New Delhi :- You are a common person, your nature is good, you do good work with the society, you have not committed any crime in your past life, your good character will work as a weapon to get you bail, maybe the judge will give you bail, but if If your past record is full of crime then you will be in trouble. But know that you will get this exemption only in bailable offences.

The provisions of cancellation of bail in the Indian Penal Procedure Code are given in the following sections 436 (2) 437 (5) 439 (2) 446 (a) in which the bail can be canceled

  • It is the right of every person to get bail. Bail is subject to the authority in bailable offenses and in non-bailable offenses depends on the discretion of the court.
  • Judge grants bail considering all the circumstances and nature of the offender. While taking bail, the court imposes certain conditions on the accused. If the conditions are not complied with by the accused, then the bail is canceled by the court.
  • The provisions of cancellation of bail are interpreted in accordance with law as
  • Non-compliance of conditions – According to section 436(2), when a person is arrested by a police officer for a bailable offence, certain conditions are imposed by the court while granting bail to that person if those conditions are complied with by the accused. is not made by him, then at the time of the appearance of the accused, the Court may, if it so desires, cancel the bail and send the accused to custody
  • Severity of offense and prior conviction According to section 437(5), if the accused has committed a non-bailable offense, the Court finds that he may have disappeared at the time of inquiry or trial, having previously been convicted of cognizable offenses whose punishment exceeds three years if released on bail as deemed fit by the court, then may order to be taken into custody during attendance or in other cases, if the court thinks it expedient to cancel the bail
  • Power of High Court or Court of Session to cancel bail According to section 439(2), if any person is accused of imprisonment for a term of 7 years or more, then the High Court or Court of Session may impose certain conditions on bail by the High Court or Court of Session. If such person does not comply with the conditions or again engages in offenses, the court may order cancellation of the bail of that person and taking him into custody.
  • Cancellation of bail in case of non-appearance According to section 446 (a), a bond is taken by the court for attendance in the court, if the bonds are not complied with by the accused, then in such a situation, the bail can be canceled by the court.
  • Related Case
  • Mehboob Dawood Shaikh v. State of Maharashtra 2004 Supreme Court In this case, an affidavit was filed by the police officer in the court, in which the appellant was threatened and a case was registered under section 188 of the Indian Penal Code, the bail was canceled by the appellant. When the accused court considered fit to do so, the court set aside the bail of the accused on the ground that the accused person may impede the trial or investigation or threaten the witnesses.

Best Books For Judicial Service Exam 

Know how expensive it can be to give false evidence in favor of someone.

New Delhi : – It is generally seen that people say that you become a witness on my behalf, I will be saved, but you should never agree to give false testimony to anyone, it is important for you that you should be saved from the clutches of the law. Know that it is common in society to lie, mislead, deceive,

A criminal person or any layman on behalf of the criminal person is bound to make his statement in court on oath by oath in court or by express provision of the court.

He knows whether the statement made by him is not true or false. Which he does not believe to be true, if any person does so or misleads the court, he shall be punished.

Section 191 of the Indian Penal Code provides for false evidence or perjury. False evidence can be either oral or documentary. Explanation 2 of this section says that a person knows the truth of his statement. is not true and if he does so he will be guilty of giving false evidence or giving false testimony.

  1. Giving false evidence

Whoever, who is legally bound by oath or by an express provision of law to tell the truth, or by being bound by law to make a declaration on any matter, makes any statement which is false, and which He knows or believes to be false or does not believe to be true, is said to give false evidence.

Explanation 1.—A statement is within the meaning of this section, whether made orally or otherwise.

 Explanation 2.—A false statement as to the belief of the person attesting is within the meaning of this section, and a person may be guilty of giving false evidence saying that he believes the thing on which he believes does not, as well as saying that he knows a thing he does not know.

You can understand better from the examples given in the law books on the basis of which you can be convicted, then also know this

graphs

(a) A, in support of a reasonable claim which B has for one thousand rupees, falsely swears by a suit that he has heard Z acknowledging the justice of B’s ​​claim. A has given false evidence.

(b) A, being bound by an oath to tell the truth, states that he considers a certain signature to be the handwriting of Z, when he does not consider it to be the handwriting of Z. Here A states what he knows to be false, and therefore gives false evidence.

(c) A, knowing the general character of Z’s handwriting, says that he considers a certain signature to be Z’s handwriting; A believes this to happen in good faith. Here A’s statement is only as he believes, and is true to the best of his belief, and therefore, although the signature cannot be Z’s handwriting, A has not given false evidence.

(d) A, being bound by an oath to tell the truth, states that he knows that Z was at a particular place on a particular day, knowing nothing on the subject. A gives false evidence as to whether Z was at that place on the day named.

(e) an interpreter or translator, certifies or certifies as to the correct interpretation or translation of a statement or document that he is indeed bound by oath to interpret or translate that which is not and which he is not true admits.

 

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If your case is of civil nature then which court should you go to

New Delhi :- If your case is of civil nature, in which court do you have the right to file this article will give you the answer to your question, if you are a victim, then know that every person suffering from civil nature has the right to file a suit in the court for remedy.

Litigation can be judged on the basis of nature, subject matter and nature of dispute.

Section 15 – 20 of the Civil Procedure for the institution of suits is mentioned which shows where the suit will be instituted.

First of all the suit will be instituted in the category of the lowest court which is competent to try that case. Section 15 provides for this rule and procedure. The purpose of presenting the suit in a lower class court is to facilitate the parties and to save the High Court from the burden of suits.

The competence of a lower class court is determined on the basis of the subject matter of the suit, their evaluation, if a decree is passed against it, then it will be in figure and void.

Generally, the economic jurisdiction is determined on the basis of the evaluation of the suit, if the plaintiff evaluates his suit less and more, then it will be unfair, in such cases the duty of the court is to give proper evaluation of the suit under Order 7 Rule 11 of the Code. Also order to be produced in the appropriate court

At the same time, the court can also order the plaintiff to prove the valuation of the suit to be true.

If the objection regarding economic jurisdiction is raised by the defendant, then it is the duty of the court to investigate properly and pass appropriate orders.

A fact that economic jurisdiction cannot be raised directly before the Court of Appeal and Revision Haven’t happened.

Cases to be instituted where subject matter is situated

Section 16 of the Code of Civil Procedure provides that a suit shall be instituted where the subject matter of the suit is situated viz.

  • For acquisition of immovable property
  • For division of immovable property
  • For foreclosure of immovable property
  • For rights to immovable property. Etcetera

Property described in this section means property which is situated in India

Section 17 of the Code of Civil Procedure holds that when a property is situated within the limits of two courts, a suit can be instituted in either court,

Section 18 of the Code of Civil Procedure stipulates that if the property in dispute is situated within an uncertain boundary of two courts and the suit for the property is admitted by any court, the cause of uncertainty shall be recorded and the decree passed by that court shall be recorded the same. effect as if the property is situated within the limits of that Court.

If the suit is instituted for compensation against bodily or movable property, the suit may be instituted at the option of the plaintiff.

  • Where the plaintiff resides
  • Where the plaintiff conducts business

For example see an illustration from a law book (a) who is a resident of Delhi (b) beats in Calcutta B can sue either at Delhi or Calcutta

Illustration proves that the suit shall be instituted where the plaintiff or the subject matter of the suit is the situation whether the defendant or any property in dispute.

Now if you are from law field read legal language:

According to Civil procedure code

Place of suing

  1. Court in which suits to be instituted .-Every suit shall be instituted in the Court of the lowest grade competent to try it.
  2. Suits to be instituted where subject-matter situate .-Subject to the pecuniary or other limitations prescribed by any law, suits-

(a) for the recovery of immovable property with or without rent or profits,

(b) for the partition of immovable property,

(c) for foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property,

(d) for the determination of any other right to or interest in immovable property,

(e) for compensation for wrong to immovable property,

(f) for the recovery of movable property actually under distraint or attachment, shall be instituted in the Court within the local limits of whose jurisdiction the property is situate:

Provided that a suit to obtain relief respecting, or compensation for wrong to, immovable property held by or on behalf of the defendant may, where the relief sought can be entirely obtained through his personal obedience, be instituted either in the Court within the local limits of whose jurisdiction the property is situate, or in the Court within the local limits of whose jurisdiction the defendant actually and voluntarily resides, or carries on business, or personally works for gain.

Explanation .-In this section “property” means property situate in [India].

  1. Suits for immovable property situate within jurisdiction of different Courts .-Where a suit is to obtain relief respecting, or compensation for wrong to, immovable property situate within the jurisdiction of different Courts, the suit may be instituted in any Court within the local limits of whose jurisdiction any portion of the property is situate:

Provided that, in respect of the value of the subject-matter of the suit, the entire claim is cognizable by such Court.

  1. Place of institution of suit where local limits of jurisdiction of Courts are uncertain .-(1) Where it is alleged to be uncertain within the local limits of the jurisdiction of which of two or more Courts any immovable property is situate, any one of those Courts may, if satisfied that there is ground for the alleged uncertainty, record a statement to that effect and thereupon proceed to entertain and dispose of any suit relating to that property, and its decree in the suit shall have the same effect as if the property were situate within the local limits of its jurisdiction:

Provided that the suit is one with respect to which the Court is competent as regards the nature and value of the suit to exercise jurisdiction.

(2) Where a statement has not been recorded under sub-section (1), and an objection is taken before an Appellate or Revisional Court that a decree or order in a suit relating to such property was made by a Court not having jurisdiction where the property is situate, the Appellate or Revisional Court shall not allow the objection unless in its opinion there was, at the time of the institution of the suit, no reasonable ground for uncertainty as to the Court having jurisdiction with respect thereto and there has been a consequent failure of justice.

  1. Suits for compensation for wrongs to person or movables .-Where a suit is for compensation for wrong done to the person or to movable property, if the wrong was done within the local limits of the jurisdiction of one Court and the defendant resides, or carries on business, or personally works for gain, within the local limits of the jurisdiction of another Court, the suit may be instituted at the option of the plaintiff in either of the said Courts.
  2. Other suits to be instituted where defendants reside or cause of, action arises .-Subject to the limitations aforesaid, every suit shall be instituted in a Court within the local limits of whose jurisdiction-

(a) the defendant, or each of the defendants where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain; or

(b) any of the defendants, where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain, provided that in such case either the leave of the Court is given, or the defendants who do not reside, or carry on business, or personally work for gain, as aforesaid, acquiesce in such institution; or

(c) the cause of action, wholly or in part, arises.

[* * * *]

[ Explanation ].-A corporation shall be deemed to carry on business at its sole or principal office in [India] or, in respect of any cause of action arising at any place where it has also a subordinate office, at such place.

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Haryana Judiciary Mock Test 3

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HARYANA JUDICIARY MOCK TEST 3

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30.   Pandit Madan Mohan Malviya was the Founder of

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29.   The first non-tribal Chief Minister Jharkhand is

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28.   Restitution of conjugal rights is available

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27.   Execution of document may be presumed if the document is to be old

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26.   An offer was sent by post, the acceptor wrote 'accepted on the letter, put it in his drawer and forgot about it. The transaction is a

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25.   The power of the Supreme Court of India to decide disputes between the Centre and the States falls under its

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24.   Which one of the following Schedules of the Constitution of India contains provisions re- Haryana Judicial Service Examination, 2014 garding anti-defection?

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23.   According to the Constitution of India, which of the following are fundamental for the gov- ernance of the country?

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22.   Form No. 32 of the Second Schedule of Cr.P.C. provides the format for framing of

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21.   Section 173(8) of the Code of Criminal Proce- dure deals with

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20.   Criminal breach of Trust deals with

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19.   In which of the following cases the Privy Coun- cil made a distinction between 'common in- tention' and 'similar intention'?

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18.   Which statement is correct:

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17.   Under Section 25 of the Indian Partnerehin Act, 1932 the liability of the partners for acts of the firm is:

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16.   A finds a valuable ring on the road not knowing to whom it belongs. He sells it immedi- ately without making an attempt to find the owner. A is guilty of:

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15.   Acts against which the right of private defence is not available have been laid down in Section. .... of the IPC

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14.   Acid Attack is an offence as mentioned In:

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13.   Surjit meets Gopi on high road, shows a pis- tol and demands Gopi's purse. Gopi in conse- quence surrenders his purse. Here Surjit has committed:

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12.   Application for anticipatory bail may be made before:

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11.   A Chief Judicial Magistrate may pass a

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10.   When the High Court or any Sessions Judge calls for to examine the record of any pro- eeding before any inferior criminal court, it is known as:

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9.       Which Section of the Cr.P.C. provides for confirmation by the High Court of an order of death sentence passed by the Sessions Court prior to Its execution?

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8.       Raju dies leaving behind a son Ravi and a married daughter Kavita, a suit filed by Raju, under his death, can be continued by:

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7.       The Court under Section 89(1) of the CPC can refer the dispute for

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6.       Constructive res Judicata is contained in

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5.       Courts have jurisdiction to try all suits of a civil nature except suits, the cognizance of which is either expressly or impliedly barred, by virtue of

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4.       According to Article 233 cf the Constitution, a District Judge Is appolnted by the

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3.       According to Article 227 of the Constitution. every High Court shall have………….over all courts and tribunals throughout the terri- tories in relation to which it exercises juris- diction

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2.       Section 23 of the Registration Act, 1908 speaks about any document being presented for registration to the proper office within ….. months from its date of execution

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1.       The registration of a gift of immovable property is:

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