LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Swami Sadashiva Brahmendra Sar (Nil)     28 March 2010

Legal quiz

Dear frinds,

Months back the admin had started a legal quiz thread. currenltly it is not flasshing.

I am starting this quiz thread to expand our general comprehension about fundamental issues that often arise in the courts. I will be giving serial number to each quiz so that any friend may give reply to a particular quiz  by referring it's serial  number. If any friend is posting a quiz , I request him to give such serial number to his quiz that comes next topreceding quiz posted by me or any other friend.

Quiz number 1.  : What is difference between instrument and document ?


 18 Replies

Swami Sadashiva Brahmendra Sar (Nil)     28 March 2010

Quiz No. 2 : There are 5  kinds of writs .  What are two writs for which  a petition can be filed by a person who has no interest in the subject matter?

1 Like

Suchitra. S (Advocate)     29 March 2010

Sir, first of all thanks for starting this kind of thread on LCI. I would like to try to answer them.

Answer No.1 : A document is any material substance on which the thoughts of people are represented by any species of conventional mark or symbol. So, a document is basically an expression of thoughts that are registered in any  material form. In may be in written form, audio form or visual medium. Where as an instrument is a document executed in writing which is enforceable. So, an intrument os a type of document.

1 Like

Suchitra. S (Advocate)     29 March 2010

Answer for Quiz 2 : Prohibition and Mandamus.

Adinath@Avinash Patil (advocate)     29 March 2010


N.K.Assumi (Advocate)     29 March 2010

Hello Suchitra, that was excellent.

Swami Sadashiva Brahmendra Sar (Nil)     29 March 2010

Dear Friends,

Answer to Q 1 is correct but incomplete . It needs elaboration !!!

Answer to Q 2 is incorrect. Let some other responses come before I explain the same.

Suchitra. S (Advocate)     29 March 2010

Sir, please give me another chance to answer quiz no.2. The answer is Habeas Corpus and Quo warranto.

Swami Sadashiva Brahmendra Sar (Nil)     29 March 2010

Absolutely correct Suchitra !

Habeas corpus is filed on behalf of some other who is in illegal custody  and quo warranto is filed questioning a person's  authority to hold a public office. In the first the petitioner does not have interest in his own body but in the body of some one else, and in the second the petitioner need not be having any interest in the office but he can question the authority of office holder.

Swami Sadashiva Brahmendra Sar (Nil)     29 March 2010

Q. 3.  Is it so that, quo warranto can be issued regarding a public office only?  What kind of offices may  come within the perview of quo warranto ?

Suchitra. S (Advocate)     29 March 2010

Answer for quiz no.3 :

Yes, for quo warranto, office must be a public office. It is a judicial order issued by the SC or HC by which any person who occupies or usurps an independent public office or franchise or liberty, is asked to show by what right he claims it, so that the title to the office, franchise or liberty may be settled and any unauthorised person ousted. Writ of quo warranto gives the judiciary a weapon to control the executive , the legislature, statutory and non statutory bodies.

Swami Sadashiva Brahmendra Sar (Nil)     29 March 2010

Q. 4.  what is public office and where it has been defined ? Kindly reffer case law also.

Swami Sadashiva Brahmendra Sar (Nil)     29 March 2010

Q. 5.


"where an act or omission constitutes an offence under two or more enactments, then the offender shall be liable to be prosecuted and punished under either or any  of those enactments, but shall not be liable to be punished twice for the same offence."


 Under  which of the following statutes the above provision has been made  :

a) Constitution of India

b) Cr.PC

c) IPC

d) General clauses Act

Kindly reffer the section also.

Suchitra. S (Advocate)     29 March 2010

Answer for quiz no. 5


d) S.26 of  General Clauses Act.

Swami Sadashiva Brahmendra Sar (Nil)     29 March 2010

Suchitra answered Q 5 Correctly !!! Thanks !!!

Q. 6.

Here is a real  criminal appeal which  I have to argue . The sessions Court has convicted and sentenced 8

  accuseds  as under :

1. for offences under  Ss. 302/149 IPC - life imprisonment + penalty rs 3000/- each

2. for offences under Ss.3/2/5 SC ST Act -  life imprisonment + penalty rs 2000/- each

3. for offence under s. 146 IPC - one year regorous imprisonment

Is s. 26 of the General Clauses Act helpful to me , if yes, in what manner, and  what should be my line of argument ?

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Related Threads