Niranjan Hemchandra Sashittal and another Vs. State of Maharashtra

The Apex Court in para 20 of the citation cited above minced absolutely no words in stating that, "It can be stated without any fear of contradiction that corruption corruption is not to be judged by degree, for corruption mothers disorder, destroys societal will to progress, accelerates undeserved ambitions, kills the consience, jettisons the glory of the institutions , paralyses the economic health of a country , corrodes the sense of civility and that immoral acquisition of wealth destroys the energy of the people believing in honesty, and history records with agony how they have suffered . The only redeeming fact is that collective sensibility respects such suffering as it is in consonance with the constitutional morality .Therefore, the relief for quashing of a trail under the Prevention of Corruption act 1988, has to be considered in above backdrop.

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Decision regarding frustration of contracts

Fact: In this case, A agreed B to give him the use of a Music Hall, on certain specified days, for the purpose of holding concerts. There was no express stipulation in the contract for the event of destruction of the hall by fire. When the hall was destroyed by fire, B sued A for a breach of contract which A was unable to perform, although for no fault of his own.

Decision: The Court laid down that if there is a positive contract to do a thing (which is not unlawful in itself), the promisor must perform it or pay damages for not doing it, although in consequence of unforeseen accidents, the performance of his contract has become unexpectedly burdensome, or even impossible. However, this rule applies only when the contract is positive and absolute, and not subject to any condition, either express or implied. However, when from the nature of the contract, it appears that the parties, from the very beginning, must have known that it would not be fulfilled unless some particular specified thing continued to exist, they must have contemplated such continuing existence as the foundation of the contract.

In the present case,the Court observed that the contract cannot be construed as a positive contract, but as subject to an implied condition that the parties would be excused in case, before the breach, its performance becomes impossible from the perishing of the thing without the fault of either party.

The Court went on to give an illustration of an author undertaking to compose a work Now, if he dies without completing it, his executors are discharged from the contract. The undertaking is purely personal in nature, and by the intervention of the promisor's death, it has become impossible to be performed.

The Court, therefore, held that B could not succeed.

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Civil Laws - Parties to Suit and Frame of Suit

Q 1. What is Counter -Claim

Ans: A claim made by the defendant in a suit against the plaintiff is called 'Counter-claim.
Supreme Court of India in Mohinder Singh v.Data Ram observed in a suit the defendant may set up a counter-claim against the plaintiff in order to make the relief sought by him unsuccessful, but such counter-claim can be made only in respect of such a right for which the defendant could file a separate suit.

Q 2. Explain the expression 'Proper Party'

Ans: A party whose presence enable the court to adjudicate the disputed matter more effectively and completely. In other words it can be said that party is said to be a proper party whose presence is not 'must' but his presence helps the court to adjudicate the disputed question more effectively and completely.

Q 3.What is the meaning of Non-Joinder or Misjoinder of Parties.

Ans: When a person, who is necessary or proper party to a suit but did not join as a party to the suit, it is a case of non-joinder of parties. On the other hand, if two or more persons are joined as plaintiffs or defendants in one suit contrary to the provisions of Order 1,Rule 1,who may be as plaintiffs and rule 3, who may be joined as defendants respectively and they are neither necessary nor proper parties, it is a case of mis-joinder of parties.

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The Indian Penal Code

Q 1. Grave and sudden provocation is --

[A] Question of law

[B] Question of fact 

[C] Mixed question of fact and law

[D] A presumption under the law

Ans: [B] Question of fact

Q 2. Culpable homicide has been defined--

[A] Under section 300 of IPC

[B] Under section 302 of IPC 

[C] Under section 303 of IPC

[D] Under section 299 of IPC

Ans:  [D] Under section 299 of IPC

Q 3. Culpable homicide  is not murder,  if it is committed under--

[A] Grave and sudden provocation

[B] Self-intoxication

[C] Irresistible impulse

[D] All of these

Ans:  [A] Grave and sudden provocation.

Q 4. Murder is defined as 

[A] An act by which the death is caused, must have been done with the intention of causing such bodily injury as is likely to cause death 

[B] An act by which the death is caused, is done with the knowledge that he is likely to cause death by his act

[C] An act by which the death is caused, with the intention of causing of such bodily injury as the offender knows which is likely to cause death of the person to whom the injury  is caused

[D] All of these

Ans : [C] An act by which the death is caused, with the intention of causing of such bodily injury as the offender knows which is likely to cause death of the person to whom the injury  is caused

Q 5. Murder has been defined-

[A] Under section 299 of IPC

[B] Under section 302 of IPC

[C] Under section 300 of IPC

[D] Under section 301 of IPC

Ans: [C] Under section 300 of IPC

Q 6. 'A' with intention of murdering 'B', instigates C, a child below 7 years, to do an act which causes B's death. C in the absence of 'A'  in consequence of abetment does the act and thereby causes B's death. Now

[A] C is liable for murder and A is liable for abetment 

[B] C is not liable for murder being wholly incapax, but 'A'  is liable for abetment

[C] A and C both are liable under section 302

[D] A and C both are liable for conspiracy to murder of C

Ans: [B] C is not liable for murder being wholly incapax, but 'A'  is liable for abetment

Q 7. Culpable homicide not amounting to murder is punishable with 

[A] Imprisonment for life 

[B] Imprisonment for life or imprisonment for ten  years

[C] Imprisonment for ten years

[D] Death

Ans: [B] Imprisonment for life or imprisonment for ten  years

Q 8. Culpable homicide is causing death-

[A] With the intention of causing death 

[B] With the intention of causing such bodily enjury as is likely to cause death

[C] With the knowledge that by such act death is likely to be caused

[D] All of above.

Ans: [D] All of above.

Q 9. Grievous hurt has been defined under

[A] Under section 300 of IPC

[B] Under section 303 of IPC

[C] Under section 304 of IPC

[D] Under section 320  of IPC

Ans: [D] Under section 320  of IPC

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The Code of Civil Procedure, 1908

Q 1.  Whether an issue heard and finally decided by a competent court of limited jurisdiction shall

operate as res judicata in a subsequent suit, that the aforesaid court was not competent to try :-

[A] No

[B] Yes

[C] Answer shall depend upon the nature of the issue

[D] None of the above

Ans:- [B] Yes

Q .2 An immovable property held by 'Y' is situated at Bhopal and the wrongdoer personally works for gain at Indore A suit to obtain compensation for wrong to the property may be instituted:-

[A] At Bhopal

[B] At Indore

[C] Either at Bhopal or at Indore

[D] None of these

Ans:- [C] Either at Bhopal or at Indore

Q 3. Where the liability in relation to sum adjudged has not arisen out of a commercial transaction, the maximum yearly rate of interest awardable under section 34(1) of the C.P.C. from the date of decree for payment of money to date of payment is :-

[A] 12%

[B] 18%

[C] 10%

[D]  6%

Ans:- [D]  6% 

Q 4. Where the decree is for the partition of an undivided estate assessed to the payment of revenue to the government the partition of the estate in accordance with the law for the time being in force, shall be made by :-

[A] The Naib Tahsildar

[ B] The Nazir

[ C] The collector

[D]  The commissioner appointed by the court

Ans;- [ C] The collector

Q 5.  In execution of a decree other than a decree for maintenance passed against A what shall be the attachable portion, if his salary is Rs. 700 per month:-

[A] Rs. 300

[B] Rs. 100

[C] Rs. 600

[D] Rs. 350

Ans:- [B] Rs. 100

Q 6.  In a suit, which relates to a railway, the authority to be named as plaintiff  or defendant shall be:-

[A] The General manager of the railway

[B]  A secretary to the central government

[C] The collector of the District

[D] The Union of India

Ans;- [A] The General manager of the railway

Q 7.  In the case of a Public nuisance a suit for declaration and injunction may be instituted by :-

[A] Two persons with the leave of the court.

[B]  Two persons having obtained oral consent of the Advocate General

[C]  Two persons having obtained the written consent of the Advocate general

[D]  Two persons to whom no special damage has been caused by person of such public nuisance

Ans :- [A] Two persons with the leave of the court.

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Evidence Act. 1872. [Estoppel]

1. Rule of estoppel is contained under section
[A] Section 113
[B] Section 112
[C] Section 115
[D] Section 116

Ans: [C] Section 115

2. Make correct statement--
[A] The doctrine of estoppel is applied only in civil matters
[B] The doctrine of estoppel is applied only in criminal matters
[C] The doctrine of estopple is applied in civil and criminal matters
[D] All above statements are incorrect

Ans: [A] The doctrine of estoppel is applied only in civil matters

3. Which of the following statement is correct ?
[A] Estoppel is not a rule of evidence
[B] Estoppel from record constitutes bar of res judicata
[C] There can not be estoppel when truth of matter is known to both parties
[D] There can be estoppel on point of law

Ans: [B] Estoppel from record constitutes bar of res judicata

4. Estoppel can be--
[A] Made by statement
[B] Made by election
[C] Made by silence
[D] All of above

Ans: [D] All of above

5. Against which there is no estoppel--
[A] Estoppel against statue
[B] Estoppel against law
[C] Estoppel against sovereign acts
[D] All of above

Ans: [D] All of above

6. Kind of estoppel are--
[A] Estoppel by record
[B] Estoppel by deed
[C] [A] and [B]
[D] None of above

Ans: [C] [A] and [B]

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Indian Penal Code

Section 1. This Act shall be called the Indian Penal Code,and shall extend to the whole of India except the State of Jammu and Kashmir.

Section 2. Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within India.

Section 3. Any person liable ,by any Indian law ,to be tried for an offence committed beyond India shall be dealt with according to the provisions of this Code for any act committed beyond India in the same manner as if such act had been committed within India.

Section 4. The provisions of this Code apply also to any offence committed by---
(1) any citizen of India in any place without and beyond India;
(2) any person on any ship or aircraft registered in India wherever it may be

Explanation - In this section the word "offence" includes every act committed outside India which, if committed in India, would be punishable under this Code

Man - The word "man" denotes a male human being of any age.
Woman- The word "woman" denotes a female human being of any age.
Person- The word "person" includes any Company or Association or body of persons, whether incorporated or not.

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