PRR Internal 5th Sem, 2nd Internal Important Questions

CPC Notes

1. Summons to witnesses is dealt with under Order 16 / XVI
2. The object of reference is to enable a subordinate court to obtain the opinion of the High Court.
3. Garnishee order means an order to a judgment debtor’s debtor.
4. Restitution (Section 144) means restoring anything unjustifiably taken from another.
5. Effect of acknowledgment: It provides a fresh limitation period. / Fresh Limitation Starts
6. Order 22 deals with death, marriage, and insolvency.
7. The maximum number of adjournments to each party is 3.
8. Order 41 (XLI) concerns Appeals from original decrees.
9. Memorandum of appeal should be filed after considering:
   • Pleadings
   • Issues
   • Findings
   • Judgment & Decree
10. Two appeals against the same decree is called a Cross Appeal.
11. Section 115 deals with Revision.
12. Review is done by the same court and same judge.
13. The High Court may call for the record of any case decided by the lower court under revisional jurisdiction (Sec 115)
14. Articles 132, 133, and 134-A of the Constitution deal with appellate jurisdiction in civil matters.
15. A reply to a memorandum of appeal is called a Cross Objection.
16. An indigent person is one whose income is less than ₹1000.
17. Acknowledgment is a statement in writing that a debt is due and unpaid.
18. The period of detention of a judgment debtor in civil prison shall not exceed 3 months if the amount exceeds ₹5000.
19. An appeal to the divisional bench of the High Court against the judgment of a single judge of the High Court is called a Letter Patent Appeal (Section 100A).
20. Interest rei publicae ut sit finis litium means: “In the interest of the public, there must be an end to litigation.”**************************************************************************
    SHORT
    1. Modes of Execution of Decree
    1. Delivery of possession.
    2. Attachment and sale of property.
    3. Arrest and detention in civil prison.
    4. Appointment of a receiver.
    5. Payment of money through garnishee orders.

    2. Grounds for Appeal

    1. Errors of law or procedure by the trial court.
    2. Incorrect findings on facts.
    3. Violation of natural justice.
    4. Improper admission or rejection of evidence.
    5. Lack of jurisdiction by the lower court.

    3. Grounds for Review

    1. Discovery of new and important evidence.
    2. Mistake or error apparent on the face of the record.
    3. Any other sufficient reason as prescribed under the law.

    4. Procedure to File a Suit By or Against the Government

    1. Issue a notice under Section 80 of CPC before filing the suit.
    2. Wait for two months from the date of notice.
    3. File the suit in a competent court with proper jurisdiction.
    4. Comply with the procedural requirements as per CPC.

    5. Once Limitation Starts to Run, It Will Never Stop (Section 6, 9 of the Limitation Act)

    Under the Limitation Act, the time limit for filing a suit or legal proceeding begins as per the prescribed schedule. Once this limitation period starts, it runs continuously and does not pause, except under certain exceptions provided in the Act.

    1. Section 6:
       • If the person entitled to sue is a minor, insane, or mentally disabled at the time the cause of action arises, the limitation period will only begin after the disability ends.
    2. Section 9:
       • Once the limitation period starts, it does not stop or reset unless specifically allowed by the Act, such as acknowledgment of liability or the presence of legal disabilities.

    
    ANIL Sir Answers

1. Modes of Execution of Decree

Sections 51 to 54 describe the procedure for execution:
a. Delivery of any property (movable or immovable) specifically decreed.
b. Attachment and sale of property, or sale without attachment.
c. Arrest and detention of the judgment debtor.
d. Appointment of a receiver.
e. Residuary clauses for situations not covered by the above modes.

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2. Grounds of Appeal

a. First appeal is maintainable on questions of fact, law, or mixed questions of fact and law.
b. First appeal can be filed in a superior court, which may or may not be the High Court.
c. Second appeal can be filed only in the High Court.
d. Second appeal is limited to substantial questions of law.
e. No second appeal lies if the amount in dispute does not exceed ₹3,000.

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3. Grounds for Review

Under Order 47, Rule 1, review is allowed in the following circumstances:
a. Cases where appeal lies but is not preferred.
b. Cases where no appeal lies.
c. Decision on references from Small Causes Court.
d. Discovery of new and important matter or evidence.
e. Mistake or error apparent on the face of the record.
f. Any other sufficient reason.
Leading Case: Lilly Thomas v. Union of India.

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4. Procedure to File a Suit by or Against the Government

a. Government includes Central Government, State Government, or Railways.
b. For Central Government, the Secretary is liable.
c. For State Government, the concerned Secretary or District Collector is liable.
d. For Railways, the General Manager is liable.
e. No suit can be filed without giving 2 months’ notice to the concerned government authority, except in certain exceptions.
Special Privileges:
i. The concerned Secretary/Collector cannot be arrested.
ii. Their property cannot be attached.
iii. They are exempt from personal court appearances.

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5. Limitation Period (Sections 6 & 9 of the Limitation Act)

a. Section 6: Persons incompetent to contract (e.g., minors, lunatics) are allowed to file suits only after the disability is removed.
b. Section 9: Once the limitation period begins, it continues uninterrupted and is unaffected by subsequent disabilities.

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BNSS

Choose the Correct Answers:

1. How many stages are there in the investigation of an offence?
   5 stages
2. Under which section of BNSS is FIR filed?
   Section 173 (1) /  Section 173* 
3. Section 180 of BNSS: Statement is evidence for?
   Defence / Defence Lawyer
4. Who will be examined under Section 180 of BNSS?
   Witnesses & Accused (Both A & B)
5. Who examines the witnesses under Section 180 BNSS?
   Police officer
6. Under Section 183 BNSS, what statements are recorded by the judicial magistrate?
   Confessions and Statements of witness (Both A & B)
7. Section 187 of BNSS deals with?
   Procedure when investigation is not completed within 24 hours
8. Default bail or order on default is given under?
   Section 187(3)
9. Principle of Autrefois Acquit & Autrefois Convict is dealt under?
   Section 337 BNSS
10. Section 193(3) deals with?
    Charge sheet, police report, challan (All the above)

Fill in the Blanks:

1. Fair Trial is a fundamental right under Article 21.
2. Fair Investigation is a fundamental right under Article 21.
3. The most famous case relating to rights against self-incrimination: Srimati Selvi vs State of Karnataka, 2010
4. Court of Sessions means Sessions Judge Court & Additional Sessions Judge Court.
5. The name of the trial conducted by the Court of Sessions: Sessions Trial.
6. How many types of trials are provided under BNSS? 5.
7. Plea bargaining is applicable in cases of offences attracting punishment of imprisonment up to 7 years.
8. Who is an approver? An approver is the co-accused who is ready to confess the offence on the promise of tender of pardon.
9. Revision is the remedy in the absence of appeal.
10. Reference can be made only to the High Court.

 

 

Banking

1. Negotiable Instruments Act of 1881 contains 17 chapters and 148 sections.
2. The Negotiable Instruments Act came into force on 1st March, 1882.
3. Negotiable Instrument is defined under Section 13 of the Act.
4. Negotiable instruments are:Promissory Note (Section 4)
   Bill of Exchange (Section 5)
   Cheque (Section 6)
5. Cheque is defined under Section 6.
6. Bill of Exchange (BOE) is defined under Section 5.
7. Promissory Note (PN) is defined under Section 4.
8. A cheque is a Bill of Exchange drawn on a banker.
9. The Executor is appointed by the will to administer the testator’s property.
10. Parties to a Promissory Note: Maker (debtor) and Payee
11. Essentials of a Negotiable Instrument
    • Written: The instrument must be in written form
      Signed: The maker or drawer must sign the instrument
      Unconditional: The instrument must contain an unconditional promise or order to pay
      Payable: The instrument must be payable on demand or at a fixed future time
      Payee: The instrument must be payable to order or to bearer
      Drawee: If the instrument is addressed to a drawee, they must be named or indicated with reasonable certainty
      Sum: The amount to be paid must be clearly stated and fixed
      Transferable: The instrument can be transferred from one person to another by endorsement and delivery
      Fixed maturity date: The instrument must have a set date on which the payment is due
12. A Digital Cheque is a cheque that is digitally signed.
13. Special kinds of customers to a banker: Minors, insane persons, trustees, executors or administrators, and drunkards.
14. Deemed Negotiable Instruments: Govt Promissory notes, Railway receipts, dividend warrants.
15. The banker must record the probate of the executor.
16. In a Promissory Note, there is an order to pay an amount to the payee.
17. A Promissory Note cannot be made payable to bearer on demand under Section 31 of the RBI Act.
18. When a debtor is adjudicated insolvent, the court appoints Official Receivers (O.R.) to distribute the property
19. Parties to a Bill of Exchange (BOE): Drawer, Drawee, Payee.
20. Negotiable Instruments under the Act: Cheque, Bill of Exchange (BOE), Promissory Note (PN)
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    SHORTS
    1. Features of E-Banking
    1. Accessibility 24/7.
    2. Online fund transfers (NEFT, RTGS, IMPS).
    3. Utility bill payments and mobile recharges.
    4. Secure access with two-factor authentication.
    5. Digital statements and account management.

    2. Elements of Promissory Note (PN)

    1. Must be in writing.
    2. Contains an unconditional promise to pay.
    3. A specific amount of money.
    4. Payable to a specific person or bearer.
    5. Signed by the maker.

    3. Special Kinds of Bank Customers

    1. Minors.
    2. Insane persons.
    3. Trustees.
    4. Executors and administrators.
    5. Drunkards or incapacitated persons.

    4. Elements of Negotiable Instruments Act

    1. Negotiability: Freely transferable.
    2. Certainty: Definite amount and terms.
    3. Unconditionality: No conditions attached to payment.
    4. Defined instruments: Includes cheques, promissory notes, and bills of exchange.

    5. Precautions by Banker with Executor & Administrator

    1. Verify probate or letters of administration.
    2. Ensure the executor or administrator acts within their legal capacity.
    3. Record details of the probate or administration grant.
    4. Avoid paying to unauthorized persons.
    5. Maintain proper documentation for transactions.

    Anil Sir Answers
    1. Features of E-Banking

    • Online or Electronic Banking enables customers to access their accounts through the internet.
    • Transactions like transfers and payments can be made electronically without visiting the bank.
    • It provides the concept of anywhere banking, making payments and deposits convenient for customers.

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    2. Elements of Promissory Notes

    • Must be in writing.
    • Includes a promise or undertaking to pay a certain amount of money.
    • The promise must be unconditional and certain.
    • Duly signed and delivered by the maker.
    • Parties involved must be specific and certain.
    • Must be stamped as per the Stamp Act, 1940.

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    3. Special Types of Bank Customers
    Opening an account with the bank creates a contract, and principles like capacity to contract and free consent are strictly followed. Bankers must exercise caution, especially with the following categories of customers:

    1. Minor
    2. Illiterate
    3. Lunatic
    4. Married Women
    5. Joint Accounts
    6. Joint Hindu Families
    7. Trust Accounts
    8. Clubs, Societies, and Charitable Institutions
    9. Partnership Firms
    10. Joint Stock Companies

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    4. Elements of Negotiable Instruments (N.I)
    Characteristics:

    • Transferability: Easily transferable to another party.
    • Absolute Title: Holder acquires complete title to the instrument.
    • Right to Sue: Holder can sue in their own name for enforcement.

    Types of Negotiable Instruments (as per the NI Act):

    1. Promissory Note (Section 4)
    2. Bill of Exchange (Section 5)
    3. Cheque (Section 6)

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    5. Precautions for Bankers with Executors and Administrators

    • Exercise caution when opening such accounts, as bankers are liable for protecting beneficiaries’ interests.
    • Funds must not be misapplied; otherwise, the banker will be held responsible.
    • Executors and administrators cannot delegate their powers to third parties.
      • Authorizing third-party operations is not permitted.
    • Transfers from the estate account to a personal account are not allowed.
    • Executors do not have implied power to borrow.
    • Personal accounts should not be linked with estate/trust accounts.