LAW NOTES

1. For presumption of death under section 108 of the Indian Evidence Act,1872, the person is shown to be not heard for a period of 

       Ans: 7 years

2.To be admission, a dying declaration:

• must be made before a Magistrate
• must be made to any person,doctor,a magistrate, a friend or a near relative

3. Which section of the Indian Contract Act,1872, deals with agreements in restraint of legal proceedings?

      Ans: Section 28

4.Delay in filing the suit:

• can be condoned under Order VII, Rule 6 of the CPC,1908
• cannot be condoned

5.In case of usufructuary mortgage, the mortgagee:

• is delivered the possession and is authorized to appropriate the rents and profits accruing from the property
• is delivered the possession of the mortgaged property but not authorised to appropriate the rents and profits accruing from the property

6.Principle: Nothing is an offence, which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.

Facts: 'A' takes up a gun, not knowing whether it is loaded or not, points it playfully at 'B' and pulls the trigger. Consequently, 'B' falls dead.

• 'B's death is not accidental, as there was want of proper care and caution on the part of 'A'.
•  'B's death is accidental, as 'A' had no intention to kill 'B'.

7. audi alteram partem means

   Ans: giving opportunity of hearing of the other side

8. The Supreme Court of India has struck down the Constitution (Ninety Ninth Amendment) Act, 2014 as unconstitutional. It is related to -

• National Judicial Appointment Commission
• Religious Rights

9. Principle: A person is said to have committed assault when an apprehension is caused in the mind of a person that he is about to use physical force against his body.

Facts: 'A' abuses 'B' while he was sitting in a moving train, by aggressively shaking his fists when 'B' was standing on the railway platform at a distance.

• 'A' has caused apprehension of assault in the mind of 'B'.
•  'A' has committed assault against 'B'.
•  A has not committed assault against 'B'.

10. Whoever imports into India, or exports there from, any counterfeit coin, which he knows or has reason to believe to be a counterfeit of Indian coin, shall be punished with Imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.Which section of IPC provides the same?

Ans: Section 238