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Nagaon Bar Association

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10+ Joshi Daultani & Co. Interview Questions and Answers

Updated 5 Feb 2024

Q1. Under what section of cr p c pre arrest bail could be granted by sessions courts of India ?

Ans.

Pre-arrest bail can be granted under Section 438 of the CrPC by Sessions Courts in India.

  • Pre-arrest bail can be granted by Sessions Courts under Section 438 of the CrPC.

  • Section 438 allows a person to seek anticipatory bail before arrest.

  • The court may impose certain conditions while granting pre-arrest bail.

  • The purpose of pre-arrest bail is to protect a person from unnecessary arrest and harassment.

  • Examples of cases where pre-arrest bail may be granted include cases of politic...read more

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Q2. When a bank cheque can be termed as bounced under the provisions of N I Act ?

Ans.

A bank cheque can be termed as bounced under the provisions of N I Act if it is dishonored by the bank.

  • A cheque is considered bounced if it is presented for payment and the bank refuses to honor it due to insufficient funds, account closure, or other reasons.

  • The bank must provide a 'Cheque Return Memo' to the payee, stating the reason for dishonor.

  • The payee can take legal action against the issuer of the cheque under the provisions of the Negotiable Instruments Act.

  • The issuer...read more

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Q3. Under what section of c p c inherent powers of the courts is excercised ?

Ans.

Inherent powers of courts are exercised under Section 151 of the CPC.

  • Section 151 of the CPC grants inherent powers to the courts to make orders necessary for the ends of justice.

  • These powers are not codified and can be exercised in any situation where the court deems it necessary.

  • Inherent powers can be used to prevent abuse of the court process, to maintain the dignity of the court, and to ensure a fair trial.

  • Examples of inherent powers include granting interim relief, recall...read more

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Q4. Section 151 of Assam Land & Revenue Regulation Act is a statutory or mandatory provision ?

Ans.

Section 151 of Assam Land & Revenue Regulation Act is a mandatory provision.

  • Section 151 of Assam Land & Revenue Regulation Act is a mandatory provision that requires the Deputy Commissioner to maintain a record of rights for all lands in the district.

  • This provision is crucial for maintaining land records and preventing disputes related to land ownership.

  • Non-compliance with this provision can result in legal consequences.

  • The provision is also important for ensuring transparenc...read more

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Q5. According to apex court of India right to livelihood is a fundamental right or not ?

Ans.

Yes, the right to livelihood is considered a fundamental right by the apex court of India.

  • The right to livelihood is derived from the right to life and personal liberty guaranteed under Article 21 of the Indian Constitution.

  • The Supreme Court of India has recognized the right to livelihood as an integral part of the right to life.

  • In various landmark judgments, the court has held that the right to livelihood includes the right to work, the right to choose one's profession, and ...read more

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Q6. Write the provisions of section 5 of the Limitation Act .

Ans.

Section 5 of the Limitation Act deals with the extension of the limitation period in certain cases.

  • Section 5 provides for the extension of the limitation period in cases of fraud, mistake, or disability of the plaintiff.

  • The extension can be up to three years from the date when the fraud, mistake, or disability ceased.

  • The plaintiff must prove that the fraud, mistake, or disability was the reason for not filing the suit within the limitation period.

  • Section 5 also applies to cas...read more

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Q7. What do you mean by workmen compensation ?

Ans.

Workmen compensation is a type of insurance that provides benefits to employees who are injured or disabled on the job.

  • It is a legal requirement in many countries

  • Benefits may include medical expenses, lost wages, and rehabilitation costs

  • The amount of compensation depends on the severity of the injury and the employee's salary

  • Examples of work-related injuries include falls, repetitive motion injuries, and exposure to harmful substances

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Q8. What is hit & run case under M V Act ?

Ans.

Hit & run case is when a driver hits someone or something and flees the scene without stopping to provide assistance or information.

  • It is a criminal offense under the Motor Vehicles Act.

  • The driver can be charged with negligence, rash driving, and causing injury or death.

  • The driver must stop and provide assistance to the victim, and report the incident to the police.

  • If the driver flees the scene, they can be arrested and face imprisonment and/or fine.

  • Examples include hitting a...read more

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Q9. What do you mean by legal entity ?

Ans.

A legal entity is a business structure that is recognized by law as having its own legal rights and liabilities separate from its owners.

  • Legal entity can be a corporation, partnership, limited liability company, or sole proprietorship.

  • It can enter into contracts, sue or be sued, and own property in its own name.

  • Owners of a legal entity are not personally liable for the entity's debts or legal issues.

  • Legal entity is required to register with the government and follow certain r...read more

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Q10. Differentiate between robbery & dacoity

Ans.

Robbery is theft by force or threat of force from a person or property. Dacoity is a group robbery with violence.

  • Robbery is a crime committed by an individual or a group of individuals who use force or threat of force to steal property from a person or place.

  • Dacoity is a more serious crime than robbery and involves a group of people who use violence to rob a place or person.

  • Robbery can be committed by a single person, while dacoity requires a group of people.

  • Robbery is punish...read more

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Q11. Define Leading questions ?

Ans.

Leading questions are questions that suggest a particular answer or elicit a desired response.

  • They often begin with phrases like 'don't you think' or 'isn't it true that'

  • They can be used to manipulate or influence the person being questioned

  • Examples: 'You wouldn't want to be seen as lazy, would you?' or 'Isn't it true that you were at the scene of the crime?'

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Q12. Define spes succession

Ans.

Spes succession is a legal term that refers to the hope of future succession.

  • Spes succession is a concept in Roman law that allows a person to inherit property from a deceased person if they were named as a beneficiary in the will, but died before the testator.

  • The term 'spes succession' literally means 'hope of succession' and is based on the idea that the beneficiary had a legitimate expectation of inheriting the property.

  • Spes succession is also used in modern legal systems,...read more

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