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DPC Viva Voce Question Bank with answer 100-

Drafting Pleading & Conveyancing (Karnataka State Law University)

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Question Bank
DRAFTING OF PLEADINGS AND CONVEYANCING

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PLEADINGS

1. What are ‘pleadings’? Where do you find definitions of ‘pleadings’?

2. What are the four principle rules of pleadings? What are the other
rules?

3. What are the exceptions to the rule that “law should not be
pleaded”?

4. What is the significance of pleadings?

5. What type of paper is used to write pleadings?

6. What are dimensions of margins allowed in pleadings?

7. What is ‘cause title’? What are its parts?

8. How do you write case number? Where do you write it?

9. What is ‘forum’? What are its parts? How do you write it? Where do
you write it?

10. Which are the civil courts in Karnataka? What is their hierarchy?

11. Which law establishes civil courts?

12. What is the jurisdiction of civil courts according to sec. 9, CPC?

13. What is meant by ‘civil nature’?

14. Who are ‘parties’? How many parties are there to any proceeding?

15. What are the types of parties? What is the effect of non-joinder of
necessary party?

16. Who may institute a suit?

17. How do you describe parties?

18. Who are the parties to a suit/complaint/appeal/petition/application?

19. Who is an opposite party? Who is an opposite party to a

plaintiff/defendant?

20. What are the different types of defendants?

21. Who is a ‘pro forma defendant’?

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22. What is meant by ‘transposition of parties’?

23. What is ‘provision’?

24. How do you write the opening paragraph?

25. What is ‘cause of action’?

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26. What is ‘limitation’? Ordinarily, when does period of limitation

commence?

27. What is the effect of bar of limitation?

28. Can bar of limitation be waived? Why?

29. Can bar of limitation be raised at the appellate level?

30. What is the period of limitation to file a suit for recovery of debt?

31. What happens if the last day of limitation is a holiday?

32. What happens to limitation if the plaintiff is a minor when cause of

action arises?

33. What is ‘jurisdiction’? What are different types of jurisdiction?

34. Who fixes jurisdiction of a court?

35. What are the powers of a court in deciding the jurisdiction?

36. Can parties decide about jurisdiction?

37. What are the rights of a plaintiff in respect of jurisdiction?

38. What is meant by ‘competence of a court’?

39. What is the effect of a judgement or an order passed without

competence?

40. What is the effect of a judgement or an order passed without

jurisdiction?

41. What happens in a plaint is presented to a court which lacks

jurisdiction?

42. What is ‘pecuniary jurisdiction’? What does it depend upon?

43. What is a ‘suit’? What are the different types of suits?

44. What is a ‘small-cause case’? What is an original suit?

45. What are the pecuniary jurisdictions of different courts in

Karnataka?

46. Which law provides for pecuniary jurisdictions of courts?

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47. Can a Civil Judge pass a decree for Rs. 5,50,000?

48. Can a suit valued at Rs 4 Lakh be heard by Sr. Civil Court or District
Court?

49. In such suit can the jurisdiction of court be challenged? On what

ground?

50. What will be the validity of the decree passed by District Court in
such suit?

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51. What is territorial jurisdiction? What is the alternative term for it?

52. Which law deals with territorial jurisdiction of civil courts?

53. Where can a suit in respect of immovable property be instituted?

54. Where can a suit in respect of movable property be instituted?

55. What is meant by ‘concurrent jurisdiction’?

56. Who may decide in which of courts having concurrent jurisdiction,

suit be filed?

57. What is ‘court fee’? What is the basis for computing court fee?

58. If proper court fee is not paid on the plaint what happens?

59. What should a plaintiff not having sufficient means to pay court fee
do?

60. What should a plaintiff not having sufficient money to pay court fee
do?

61. How are suits valued? Why are suits valued?

62. What does Order II, Rule 2, CPC provide?

63. Can two separate suits for principal and interest be instituted?

64. What is a ‘verification clause’? How do you write it?

65. What is res judicata?

66. What is res subjudice?

67. What are the differences between res judicata and res subjudice?

68. What is meant by disposal on merits and disposal on technicalities?

69. What is a plaint?

70. What are the parts of a plaint?

71. Under which provision is a plaint presented?

72. What is a money suit?

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73. What are the different types of interests?

74. What is ‘written statement’? What should it contain?

75. What is ‘set off’? What is ‘counter claim’?

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76. Is there any court fee to be paid on a ‘written statement’?

77. What is meant by ‘ex parte’?

78. If a defendant is placed ex parte, what is the remedy available to

him?

79. If a suit is decreed ex parte, what can the defendant do?

80. What are the two types of applications? How do they differ?

81. What is an ‘Interlocutory Application’? What are its special features?

82. Give any three examples of IAs.

83. What are the two parts of an IA? Who signs them?

84. Is it mandatory to file affidavit with all IAs?

85. What is meant by submission? What is a memorandum?

86. What happens if more than one relief is claimed in an IA?

87. What is an extra ordinary remedy? Give examples.

88. What is an equitable remedy in the Indian context? Give an

example.

89. Under which provision is an IA for temporary injunction presented?

90. Under which provision is an IA for attachment before judgement is

filed?

91. Under which provision is an IA for arrest before judgement is

presented?

92. What is ‘substantial application’? What case number is given to it?

93. Give an example of a substantial application.

94. What is a ‘caveat petition’? Under which provision is it presented?

95. What is the case number given to a caveat petition?

96. To which court a caveat petition lodged? What is its term of

operation?

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97. What is the court fee to be paid on a caveat petition?

98. What is the procedure for lodging a caveat petition?

99. What is execution petition?

100. Who are the parties to an execution petition?

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101. What is an ‘appeal’? When does that right accrue? What kind of
right is it?

 ‘Appeal’ is a right of a party aggrieved by the order of a court to

approach a higher
court for redressal.
 Therefore, right to appeal is a substantive and not procedural
law provision.
 Right to appeal is a vested right and it vests in a party when he
institutes the suit
and not when he loses it. Therefore, right to appeal is governed by
the law
prevailing at the date of institution of the suit.

102. Who are the parties to an appeal?

Parties to an appeal are appellant and respondent.

103. What is the limitation for preferring a first appeal?

Art. 116 of Limitation Act, 1963 provides that an appeal may be
preferred within
30 days from the date of decree or order if the appeal is to a court
other than a
High Court and within 90 days from the date of decree or order if
the appeal is to a
High Court

104. How is this limitation computed?

105. What happens if an appeal is not preferred within the limitation?

Rule 3-A provides that where an appeal memo is presented after the
expiry of
period of limitation, it shall be accompanied by an application for
condonation of
delay.
Application for condonation of delay shall mention the reasons for
not preferring
appeal within the limitation.

106. Against whom an appeal is preferred?

An appeal lies against a decree and not judgment

107. What is a judgment? Does an appeal lie against judgement of a

court?

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0 Judgement is the statement given by the judge of the grounds of a
decree or order. Judgement means the reasons or decision given by
the court in a particular case or suit If no decree is drawn an appeal
may be preferred from judgement

108. What are the different types of appeal?

Appeals are of two types:
1. Appeals against judgements and decrees (Regular Appeals)
2. Appeals against orders (Miscellaneous Appeals)
Regular appeals are in two stages:
1. First Appeal
2. Second Appeal

109. What is a ‘decree’? What kind of appeal lies against a decree?

Sec. 2(2) of the Civil Procedure Code, 1908 defines a decree as “the
formal
expression of an adjudication which, so far as regards the court
expressing it,
conclusively determines the rights of the parties with regards to all
or any of the
matters in controversy...”
a. An appeal lies against a decree and not judgement.
b. An appeal may lie from an original decree passed ex parte.
c. An appeal lies against a preliminary decree. A preliminary
decree is as good as a
final decree.

110. What is an ‘order’? What kind of appeal lies against an order?

 An order is defined as a formal expression of any decision of a civil
court which is
not a decree. Therefore, an adjudication of a court which is not a
decree is an
order.
 As a right to appeal is not a natural right, it is not available to a
party unless it is
expressly provided by a law. Every order, which is not a decree, is
not appealable.
Only those orders which are specified in sec. 104 and Order XLIII,
Rule 1, are
appealable.

111. Are all orders appealable? Explain.

 Only those orders which are specified in sec. 104 and Order XLIII,
Rule 1, are
appealable.
 Where any order is made under the Code against a party and
thereupon any

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judgement is pronounced against such party and a decree is drawn 1
up, such party
may, in an appeal against the decree, the order may be challenged
even if it is not
an appealable order.
 Appeals from orders lie to the court to which appeals from decree in
that case
would lie.

112. What are the different stages of an appeal?

Appeals are of two types:
1. Appeals against judgements and decrees (Regular Appeals)
2. Appeals against orders (Miscellaneous Appeals)
Regular appeals are in two stages:
1. First Appeal
2. Second Appeal

113. Under which provision is regular first appeal preferred?

Under Order XLI of Code of Civil Procedure 1908

114. Under which provision is regular second appeal preferred?

Under Section 100 of Code of Civil Procedure 1908

115. Under which provision is miscellaneous appeal preferred?

Under Order XLIII Rule 1 (u) of Code of Civil Procedure 1908

116. What are the main differences between a first appeal and second
appeal?
The following are the differences between a first appeal and a
second appeal:
1. First appeal lies against the decree of a court passed in the
exercise of its
original jurisdiction, while second appeal lies against the decree of a
court
passed in the exercise of its appellate jurisdiction.
2. First appeal lies to a superior court which may or may not be a
High Court,
whereas second appeal lies only to a High Court.

3. First appeal lies on a question of law or a question of fact or a

mixed question
of law and fact. Second appeal lies only on a substantial question of
law.
4. First appeal does not lie against the decree in a case cognizable
by Court of
Small Causes, if the value is less than Rs. 10,000. Second appeal
does not lie

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2 if the subject matter of the original suit is the recovery of money
worth less
than Rs. 25,000.

117. What are the powers of an appellate court?

POWERS OF APPELLATE COURT (S. 107(1), (2); O. XLI, RR 23-29, 33)
An appellate court has the following powers in a first appeal:
1. Power to decide the case finally
2. Power to remand
3. Power to frame issues and refer them for trial
4. Power to take additional evidence
5. Power to modify decree
6. Other powers

118. What are the case numbers given to different types of appeals?
Regular First Appeal
Regular Second Appeal
Regular Misc. Appeal

119. What is a compromise decree?

After the institution of a suit, it is open to the parties to settle the
matter out of
Court.
The parties may settle the matter out of Court
1. by a compromise between them
2. by satisfaction of the plaintiff’s claim by the defendant
3. by an agreement between them
Order XXIII, Rule 3 provides that the Court shall record the
compromise,
satisfaction or agreement between the parties, and pass a
compromise decree
(consent decree) accordingly.

120. Does an appeal lie against a compromise decree? Why?

An order recording or refusing to record the compromise is an
appealable order
under Order XLIII, Rule 1-A(2). Therefore, an appeal lies under sec.
96(1) and sec.96(3) does not bar such an appeal.

121. What is ‘succession’? What are the different modes of succession?

Succession is the process by which the property of a deceased
devolves upon his heirs or legatees.
Succession may be either testamentary succession or intestate
succession.
Testamentary Succession
Intestate Succession

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122. What is ‘testamentary succession’?

Where the deceased person has left a will behind him, his property
devolves upon the legatees
mentioned in the will, and the distribution of his property is
according to the terms of the will.
The deceased person is called "testator", the persons entitled to
receive the property under the will
are called "legatees" and the property received by the legatees is
called "legacy".

123. Who are the successors in a testamentary succession?

The deceased person is called "testator", the persons entitled to
receive the property under the will
are called "legatees" and the property received by the legatees is
called "legacy".

124. Whose estate do they succeed to?

The testator’s estate

125. Who are the successors in an intestate succession?

The persons entitled to receive the property under the

will are called "heirs" and the property received by the legatees is
called "inheritance

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126. Whose estate do they succeed to?
They succeed to the deceased person’s estate who is known as
“Propositus”

127. What is a ‘will’? What are the types of wills?

Will is a legal instrument whereby the Testator (author of the will)
gives directions as how property of the testator is should be
distributed after his death.
 Types
1. Privileged will
2. Unprivileged will

128. How is an unprivileged will made?

Will created by a person who is not a soldier employed in an
expedition or engaged in actual warfare or a mariner at sea is
known as an unprivileged Will. For an unprivileged Will to be valid, it
must satisfy the following conditions:

 The person creating the Will must sign or affix his/her mark to the
Will. Else, it should be signed by some other person as per the
directions of the testator (Person creating the Will) in his/her
presence.
 The signature or mark of the testator or the signature of the person
signing for the testator must be placed so that it appears that it was
intended to give effect to the writing as Will.
 The Will should be attested by two or more witnesses. The
witnesses must have seen the testator sign or affix his mark to the
Will or has seen some other person sign the Will, in the presence
and by the direction of the testator.

129. What is ‘probate’? Who may apply for it?

The Indian Succession Act, 1925 decrees that a probate is official
proof of a will.
A probate, as defined in the India Succession Act, 1925, is ‘A copy of
will certified under the seal of a court of competent jurisdiction with
grant of administration of the estate of testator’.
The executor or executors may apply for obtaining probate.

130. Who is an ‘executor’?

The person appointed to administer the estate of a person who has
died leaving a will which nominates that person.

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131. Who is an administrator?
A person appointed by the court to manage and take charge of the a
ssets and liabilities of a decedent who has died without making a val
id will.

132. What is ‘letter of administration’? Who may apply for it? Who grants
it?
A certificate issued by the Court evidencing the appointment of the
Administrator of an Estate.

133. What is the effect of granting a letter of administration?

Probate or letters of administration shall have effect over all the
property and estate, movable or immovable, of the deceased,
throughout the State in which the same is or are granted, and shall
be conclusive as to the representative title against all debtors of the
deceased, and all persons holding property which belongs to him,
and shall afford full indemnity to all debtors, paying their debts and
all persons delivering up such property to the person to whom such
probate or letters of administration have been granted.

134. What is the procedure where an executor dies, refuses to act etc.?
If the Executor dies or refuses to act, then the court can pass an
order for Letters of Administration on the application of the legatees
to the estate of the will.

135. In which court do you present an application for succession

certificate?
Application is made in the Court of District and Sessions Judge under
section 372 of Indian Succession Act 1925.

136. What is the case number given to an application for succession

certificate?
Probate & Succession Case No.______/20__

137. Who is a guardian? Who are the persons for whom there may be
guardians?
Guardian is a person having the care of the person of a minor, or of
the property of a minor, or of
both person as well as property of a minor.

138. What are the different types of guardians?

A guardian may be a de jure guardian or a de facto guardian.

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139. Who is a ‘guardian ad litem’? Who appoints him?
A person appointed by a court as guardian of an infant or other
person to act on his or her behalf in a particular action or
proceeding.

140. Who is a ‘certificated guardian’? Who appoints him?

Guardian appointed by court to a minor is known as Certificated
Guardian.

141. What is a Family Court? What is its jurisdiction?

A court that convenes to hear matters related to domestic and
familial relationships.
a Family Court shall-"
(a) have and exercise all the jurisdiction exercisable by any district
court or any subordinate civil court under any law for the time being
in force in respect of suits and proceedings of the nature referred
below
a. a suit or proceeding between the parties to a marriage for a
decree of nullity of marriage (declaring the marriage to be null
and void or, as the case may be, annulling the marriage) or
restitution of conjugal rights or judicial separation or
dissolution of marriage;
b. a suit or proceeding for a declaration as to the validity of a
marriage or as to the matrimonial status of any person;
c. a suit or proceeding between the parties to a marriage with
respect to the property of the parties or of either of them
d. a suit or proceeding for an order or injunction in
circumstances arising out of a marital relationship;
e. a suit or proceeding for a declaration as to the legitimacy of
any person;
f. a suit or proceeding for maintenance;
g. a suit or proceeding in relation to the guardianship of the
person or the custody of, or access to, any minor.

142. Can a party be represented by an advocate as a matter of right

before a FC?
Accocrding to Section of Family Courts Act 1984, no party to a suit
or proceeding before a Family Court shall be entitled, as of right, to
be represented by a legal practitioner.

143. What is consumer dispute? How do they arise?

According to Section 2(1)(e) of the Consumer Protection Act, ‘ a
Consumer Dispute’ means a dispute where a person against whom a
complaint has been made, denies or disputes the allegations
contained in the complaint.

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144. Which is the forum for resolving consumer disputes?\

National Consumer Disputes Redressal Commission (NCDRC):
State Consumer Disputes Redressal Commission (SCDRC)
strict Consumer Disputes Redressal Forum (DCDRF)

145. What are their respective pecuniary jurisdictions?

A national level court works for the whole country and deals
compensation claimed exceeds rupees one crore
A state level court works at the state level with cases where
compensation claimed is above 20 lakhs but up to one crore.
A district level court works at the district level with cases where the
compensation claimed is up to 20 lakhs

146. What is the limitation for lodging a consumer complaint?

A complaint has to be filed within two years from the date on which
the cause of action/ deficiency in service/defect in goods arises.
However, a complaint may also be filed after two years, if the
complainant satisfies the District Forum that he/she has sufficient
reasons for not filing the complaint within such period.

147. What is a complaint under the criminal law? To who is it made?

The term ‘complaint’ can be defined as any type of accusation
excluding a police report, made verbally to the Magistrate, to make
him/her take action as per the Criminal Procedure Code, that a
person has committed an offence.

148. What are the criminal courts in Karnataka?

Metropolitan Courts

 Sessions Court
 Chief Metropolitan Magistrate
 First Class Metropolitan Magistrate

District Courts

o Sessions Court
o First Class Judicial Magistrate
o Second Class Judicial Magistrate
o Executive Magistrate

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149. Under which law are criminal courts established?
Criminal Courts are established under Code of Criminal Procedure,
1973

150. What are the different types of complaint under the criminal law?
Explain.

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151. Under which provision does a Magistrate take cognizance of an
offence?
Section 190 of the criminal procedure code provides that any
magistrate of the first-class and any magistrate of the second-class
specifically empowered by the Chief judicial Magistrate can take
cognizance of any offence on the following grounds
· upon receiving a complaint

· upon a police report

· upon information received from any person other than a police

officer or upon his own knowledge that such offence has been
committed

152. Is there any limitation for making a criminal complaint?

There is no limitation in filing a criminal complaint as for now in law.

153. Who are the parties to a complaint?

Complainant and Accused.

154. What are the case numbers given to complaints?

Private Complaint no____

155. A is accused of committing murder. Where should complaint be

lodged?
To the Magistrate who has the Jurisdiction.

156. What is meant by ‘double jeopardy’?

Fundamental Right which is guaranteed under Article 20 (2) of
Constitution of India incorporates the principles of autrefois convict
or Double Jeopardy which means that person must not be ounished
twice for same the same offence.

157. A is discharged from a complaint? Can a fresh complaint be lodged?

Yes a fresh complaint can be lodged against the accused. But the
order given for discharging the witness should be set aside by the
superior court.
158. What is meant by ‘the same offence’?

159. What is sec. 138 of the Negotiable Instruments Act? When is it

applicable?
138 Dishonour of cheque for insufficiency, etc., of funds in the

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0 account. —Where any cheque drawn by a person on an account
maintained by him with a banker for payment of any amount of
money to another person from out of that account for the discharge,
in whole or in part, of any debt or other liability, is returned by the
bank unpaid, either because of the amount of money standing to
the credit of that account is insufficient to honour the cheque or that
it exceeds the amount arranged to be paid from that account by an
agreement made with that bank, such person shall be deemed to
have committed an offence and shall, without prejudice to any other
provisions of this Act, be punished with imprisonment for 19 [a term
which may be extended to two years], or with fine which may
extend to twice the amount of the cheque, or with both:

Provided that nothing contained in this section shall apply unless—

(a) the cheque has been presented to the bank within a period of six
months from the date on which it is drawn or within the period of its
validity, whichever is earlier;
(b) the payee or the holder in due course of the cheque, as the case
may be, makes a demand for the payment of the said amount of
money by giving a notice in writing, to the drawer of the
cheque, 20 [within thirty days] of the receipt of information by him
from the bank regarding the return of the cheque as unpaid; and
(c) the drawer of such cheque fails to make the payment of the said
amount of money to the payee or, as the case may be, to the holder
in due course of the cheque, within fifteen days of the receipt of the
said notice.

160. What is the procedure for making complaint under sec. 138, NI Act?
If the drawee sends a legal notice for payment of cheque amount
against returned cheque, and the drawer does not pay the amount
of cheque within 15 days of receipt of the notice, the drawer can file
a criminal complaint under section 138 of Negotiable Instruments
Act, 1881 within next one month in the court where the cause of
action has taken place.

The following basic documents are necessary to file Complaint

under section 138 of Negotiable Instruments Act.

1. Memo of Parties
2. Complaint U/S 138 Negotiable Instruments Act, 1881
3. Pre-Summoning Evidence/ By Way Of Affidavit (in some
courts)
4. List of Witnesses
5. List of Documents with Documents
6. Vakalatnama in favour of the Counsel

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161. What is a ‘bail’? What are the different types of bail?

The word "bail" is not defined under Cr.P.C. It is the release of the
accused during the pendency
of the trial. Blackstone defines bail as "a delivery or bailment of a
person accused of an offence to
his sureties upon their giving a sufficient security for his
appearance; he is being supposed to
continue in their friendly custody instead of going to jail".

162. What are the different provisions of CrPC applicable to bails?

Secs. 436 and 437 of Cr.P.C. deal with the right of an accused t
claim his release on bail. Sec. 436
deals with bailable cases, where the accused can claim bail as a
matter of right. Sec. 437 deals
with non-bailable cases, where the accused may be released on bail
at the discretion of the Court.
Bails granted under these sections are called "regular bails".

163. What is a ‘regular bail’?

Sec. 438 deals with anticipatory bail. Application for anticipatory bail
is filed before the Sessions
Court. Magistrate has no jurisdiction to entertain an application for
anticipatory bail. If the
Sessions Judge rejects the application fresh application may be filed
before the High Court.

164. What is the difference between bailable and non-bailable offences?

Bailable offence means an offence which is shown as bailable in the
First Schedule or which is made bailable by any other Law for the
time being in force. Non-Bailable Offence means any other offence
Under bailable offences, bail is claimed as a matter of right.
Under Non-bailable offences, bail is a matter of discretion.

165. What is an ‘anticipatory bail’?

Anticipatory bail is literally applied for ‘in anticipation of arrest'. It is
a direction to release a person on bail, issued even before the
person is arrested. If the accused has a reason to believe that he or
she may be arrested on accusation of having committed a non-bail
able offence then he or she has the right to apply for an anticipatory
bail.

166. Can a JMFC grant anticipatory bail? Which court can grant it?
A JMFC canot grant anticipatory bail only the Sessions Court or High

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2 Court can grant it.

167. Which are the courts having jurisdiction in the matter of bail?

168. Can a bail application be made to Sessions Court or High Court

directly?
Accused can directly approach the High Court and Sessions Court
for regular Bail, not necessary that accused should apply to the
Magistrate first;

169. How does the cause title differ in bail applications before JMFC and
HC?

170. Can a police officer release an accused on bail? When?

In case of bailable offence the police has power to grant bail, but
after the challans are filed in court, the accused person has to fill
the prescribed bail bond in order to get regular bail from court.

171. Can successive application for bail be made in the same case?
Yes an application can be made.

172. Can a bail application be made to JMFC after it is rejected by HC?

Explain.

173. What is ‘maintenance’? Under which laws can it be claimed?

Sec. 125 of Cr.P.C., 1973 provides that if a person having sufficient
means neglects or refuses to
maintain his
1. wife (including a divorced wife), or
2. a minor child, legitimate or illegitimate, or
3. a major child (other than a married daughter) who is physically or
mentally abnormal, or
injured, or
4. father or mother who is unable to maintain,

174. Is it a civil matter or criminal matter?

It is a Criminal matter.

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175. In which court can it be claimed?

Judicial Magistrate of First class in case where there is no family

court in the jurisdiction.

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176. What is the case number given to a maintenance petition under sec.
125?
Criminal Miscellaneous No. ________/2019

177. What is the maximum amount of maintenance awardable under sec.

125, CrPC?

178. Who may claim maintenance under sec. 125, CrPC?

[Link] (including a divorced wife), or
2. a minor child, legitimate or illegitimate, or
3. a major child (other than a married daughter) who is physically or
mentally abnormal, or
injured, or
4. father or mother who is unable to maintain,
`

179. Can a Muslim woman claim maintenance under sec. 125, CrPC?
a divorced Muslim wife cannot claim maintenance under this
section,

180. Can a husband claim maintenance from his wife under sec. 125,
CrPC?

181. Can parent claim maintenance from daughter under sec. 125, CrPC?
Yes a parent can claim maintenance from daughter under s.125
CrPC if the daughter is earning sufficiently for her living.

182. Court of which place has jurisdiction to grant maintenance to wife

u/s 125?
Jurisdiction to entertain a maintencance petition u/s 125 Cr.P.C. lies
with the Judicial Magistrate
First Class, but in the districts where Family Court is established, the
jurisdiction lies with that
Court.

183. Can maintenance be claimed under CrPC and personal law both
simultaneously?
No it cannot be claimed simlutaneousy under crpc and personal law

184. What is a regular second appeal? To which court does it lie?

The decree/ judgment passed by any appellate Civil Court in the first

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appeal can be challenged by way of a second appeal before the 5
High Court. If the case involves a substantial question of law. The
second appeal can be filed even against an exparte decree/
judgment of the first appellate court.

185. Can a regular second appeal lie on questions of fact?

It cannot lie on questions of fact

186. What is ‘revision’? How does it differ from an appeal?

Revision’ is the power of a superior court to call for the records of a
subordinate
court and examine the legality of the proceedings.

187. Under which provision is a civil revision petition made?

Under section 115 of CPC

188. To which court does a civil revision petition lie?

Under the Civil Procedure Code,
1908, revisional powers are vested in the High Court under sec. 115.

189. What is the case number given to a civil revision petition?

CRP.no______/2019

190. Does revision lie against a decree of a court in a suit?

Yes a revision can lie against a decree of a court in a suit.

191. What is a ‘writ’? Which courts may issue writs?

A writ is a formal written order issued by a Court. Any warrant,
orders, directions, and so on, issued by the Supreme Court or the
High court are called writs.

Starting from 192

1. Against whom can a writ be issued?
a writ can be enforced against the State (as defined under Article 12
of the Constitution). But some fundamental rights such as rights
under Article 17, 21, 23 and 24 are also available against private
individuals hence writs can be enforced against violation of such
rights by private persons.

2. What is ‘State’?
According to Article 12 of the Constitution of India, the term ‘State’
can be used to denote the union and state governments, the
Parliament and state legislatures and all local or other authorities
within the territory of India or under the control of the Indian

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6 government.

3. Can a High Court issue a writ to the central government?

It can issue under article 226

4. What are the provisions under which writs may be issued?

Under Article 226 High court and under Article 32 Supreme court is
empowered of issue writs.

5. What is the difference between art. 32 and art. 226?

Article 32 is a fundamental right which empowers the Supreme

court to issue direction, order, and writs. Article 226 is the
constitutional right which empowers High court to issue a direction,
order, and writs for enforcement of fundamental rights and other
legal rights.

6. What is the difference between jurisdictions under art. 32 and art.

226?
Art 32 provides writ jurisdiction to the Supreme Court wherein the
SC can issue any writ to enforce fundamental rights of the litigant.
Art 226 provides High Courts the power to issue writs wherein the
High Court can enforce any writ to enforce fundamental rights or
any other purpose.

7. Under what grounds can a writ petition be rejected by the Supreme

Court?
A writ can be rejected wherein if the petition is made or the remedy
sought for in the petition does not involve violation of any
fundamental right of the person claiming it.

8. Under what grounds can a writ petition be rejected by a High Court?

A writ by a high court can be rejected if the relief sought by the

petitioner has an alternative remedy

9. What is the period of limitation for making a writ petition?

No specific time limit has been specified for filing a writ
petition in a high court under Article 226 of the Constitution. This is
an extraordinary and discretionary remedy

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7
10. What is mean by delay and laches?
An allegation that a legal right is stale under the
circumstances and no longer able to support enforcement. Laches
has its origin in the doctrine of equity. According to Halsbury, “The
legislature in enacting a statute of limitation specifies fixed period
after which claims are barred: equity does not fix a specific limit but
considers the
circumstances of each case in determining whether there has been
such delay as to amount to laches.”

11. HC has rejected petition for a writ. Can a fresh petition be made to
SC?

12. Can a writ be issued suo motu by a court?

The Suo Motu Writ Petition means that the judges in the
particular case acted without being requested to do so by either
parties of the case

13. What is writ of ‘habeas corpus’?

The latin term habeas corpus means ‘you must have the body
‘ and a writ for securing the liberty was called habeas corpus ad
subjiciendum. By this writ the court directs the person or authority
who has detained another person to bring the body of the prisoner
before the court so as to enable the court to decide the validity,
jurisdiction or justification for such detention.

14. Who may present a petition for habeas corpus?

Any person can present petition for habeas corpus who is infringed
of his Fundamental right or his representatives and also a stranger
can present a writ of habeas corpus.

15. When does a petition for habeas corpus lie?

Under Art. 22 , a person arrested is required to be produced
before a magistrate within 24 hours of his arrest , and failure to do
so would entitle the arrested person to be released .

16. What are the special rules applicable to habeas corpus?

Writ of habeas corpus can be invoked not only against the
state but also against any individual who is holding any person in
unlawful custody or detention .

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17. What is epistolary jurisdiction?
Epistolary jurisdiction of the Indian Supreme Court is a unique
feature of Indian Supreme Court. Supreme Court can convert any
letter addressed to itself by anybody into a writ and hear the
matter.

18. Can a petition be made to SC after HC rejects petition for habeas

corpus?

19. What is writ of ‘mandamus’?

Mandamusis a command issued by a court to an authority directing
it to perform a public duty imposed upon it by law . Mandamus can
be issued when the Government denies to itself a jurisdiction which
it undoubtedly has under the law , or where an authority vested with
a power improperly refuses to exercise it .

20. When does a writ of mandamus lie?

When an authority fails in its legal duty to implement an order
of a tribunal, mandamus can be issued directing the authority to do
so .

21. Can mandamus be issued for exercise of a discretionary power?

Mandamus is not issued when Government is under no duty
under the law .

22. Can mandamus be issued for enforcing a contractual duty?

Mandamus is issued to enforce a mandatory duty which may not
necessarily be a statutory duty. But cannot be enforced for a
contractual duty

23. What is ‘writ of prohibition’? What is a ‘writ of certiorari’? How do

they differ?
A writ of prohibition is normally issued when inferior court or
tribunal (a) proceeds to act without jurisdiction or in excess of
jurisdiction (b) proceeds to act in violation of rules of natural justice
or (c) proceeds to act under a law which is itself ultra vires or
unconstitutional or (d) proceeds to act in contravention of
fundamental rights.

 There is a fundamental distinction between writs of prohibition

and certiorari. They are issued at different stages of
proceedings . When an inferior court takes up a hearing for a
matter over which it has no jurisdiction , the person against

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whom hearing is taken can move the superior court for writ of 9
prohibition on which order would be issued forbidding the
inferior court from continuing the proceedings . on the other
hand if the court hears the matter and gives the decision , the
party would need to move to superior court to quash the
decision / order on the ground of want of jurisdiction.

24. What are the grounds for issuing a writ of certiorari?

Grounds :
a. When the authority is acting or has acted under an invalid law
b. Jurisdictional error
c. Error apparent on the face of the record
d. Findings of facts not supported by evidence
e. Failure of natural justice

25. Can writ of certiorari be issued to quash an Act?

26. Can a High Court quash a law made by the Parliament?

No a high court cannot quash a law made by the parliament

27. What is ‘writ of quo warranto’?

The term quo warranto means what is your authority . The
writ of quo warranto is used to judicially control executive action in
the matter of making appointments to public offices under relevant
statutory provisions.

28. What are the requirements for issuing a writ of quo warranto?
It is the person against whom writ of quo warranto is directed ,
who is required to show by what authority the person is entitled to
hold the office . While issuing such a writ, the High court merely
makes a public declaration of the illegality of the appointment and
will not consider other factors , which may be relevant for issuance
of a writ of certiorari.

29. What is public office?

an office created by a constitution or legislative act, having a
definite tenure, and involving the power to carry out some
governmental function

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30. What is an independent office?

31. What is ‘locus standi’? What is the rule of locus standi?

Locus standi means the right to bring an action, to be heard in
court, or to address the Court on a matter before it. Locus standi is
the ability of a party to demonstrate to the court sufficient
connection to and harm from the law or action challenged to
support that party’s participation in the case.

32. What are the exceptions to the rule of locus standi?

33. What is a PIL? Who can file a PIL?

Public Interest Litigation (PIL), means a legal action initiated in
a court of law for the enforcement of public interest or general
interest in which the public or class of the community have
pecuniary interest or some interest by which their legal rights or
liabilities are affected."

34. What are different standings for initiating a PIL?

(1) Bonded Labour matters.

(2) Neglected Children.
(3) Non-payment of minimum wages to workers and exploitation of
casual workers and complaints of violation of Labour Laws (except
in individual cases).
(4) Petitions from jails complaining of harassment and seeking
release after having completed 14 years in jail, death in jail,
transfer, release on personal bond, speedy trial as a fundamental
right.
(5) Petitions against police for refusing to register a case,
harassment by police and death in police custody.
(6) Petitions against atrocities on women, in particular harassment
of bride, bride burning, rape, murder, kidnapping etc.
(7) Petitions complaining of harassment or torture of villagers by

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co- villagers or by police from persons belonging to Scheduled Caste 1
and Scheduled Tribes and economically backward classes.
(8) Petitions pertaining to environmental pollution, disturbance of
ecological balance, drugs, food adulteration, maintenance of
heritage and culture, antiques, forest and wild life and other matters
of public importance.
(9) Petitions from riot -victims.
(10)Family Pension.

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CONVEYANCING

1. What is conveyancing?
the branch of law concerned with the preparation of documents for
the conveyance of property.
• the action of preparing documents for the conveyance of
property.

2. Which law prescribes forms of conveyancing?

It is not prescribed by any law. We follow the precedents laid down
before.

3. What is meant by ‘forms and precedents’?

Structured documents without any content filled in. Some forms are
prescribed by law, for instance what form should be used in court;
other examples of forms are types of contracts.
 Precedents are "standard contracts or other agreements or
documents used as examples for later documents"

4. Is following these precedents mandatory? Then why should we

follow them?

5. What is a ‘document’? What is ‘writing’? What is an ‘instrument’?

 Document is defined under section 3(18) of the General
Clauses Act, 1897. According to this definition, a document includes
“any matter written, expressed or described upon any substance by
means of letters, figures or marks, which is intended to be used for
the purpose of recording that matter”.
 An instrument is formal legal writing. Instrument is defined
under section 2(14) of the Indian Stamp act, 1899. According to this
definition, an instrument includes “every document by which any
right or liability is created, transferred, limited, extended,
extinguished or recorded”.

6. What is a ‘deed’? Why is it so called?

A deed at common law is “a written contract or agreement which
has been properly signed under legal seal”
a deed is something done on purpose.

7. In what tense should a deed be written?

Present tense

8. What are the three main ‘portions’ of a deed?

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1. The Non Operative Part
2. Operative Part
3. The Formal Part

9. What are the parts of a deed which come under the ‘non-operative’
portion?
This part consists of the following components -
(a) Description of the name of the deed;
(b) Date of the deed;
(c) Parties to the deed; and
(d) Recitals

10. What are ‘recitals’?

Recitals are the facts narrating of what has led to the necessity or
desirability of executing the deed or document. They contain a brief
history for making the deed. Recitals begin with the familiar word:
“WHEREAS, the Parties ........”

11. Why the ‘operative’ portion of deed is called so?

12. What does the ‘operative’ portion of a deed contain?

This part contains the following components -
(a) Testatum or the Premises;
(b) Habendum;
(c) Exceptions and Reservations; and
(d) Covenants.

13. What is a ‘testatum’ clause?

“NOW THIS DEED WITNESSES THAT ........”
This part gives effect to the intention of the Parties and sets out
every details of the transaction between the Parties to the deed. It
also sets out the various capacities in which the Parties to the deed
are acting, and the payment and receipts of consideration. In this
part the property which is subject of the deed is also described.

14. What is a ‘habendum’ clause?

This part of the deed used to be introduced by the words, “To have
and to hold.......” The purpose of habendum is to define the interest
conveyed and to set out the limitations on the property involved. It
shows whether the transfer is of a life interest or the creation of a
trust or an absolute sale.

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15. What are ‘exceptions’ and ‘reservations’?

In this part of the deed all the exceptions and the reservations
which are intended to be attached to the transfer should be clearly
stated. For example, if it is desired to lease out a parcel of land, the
transferor may desire to retain the right to extract minerals
therefrom, or again a person may reserve right to pass rain water
over the land demised, all such exceptions and reservations must
be clearly set forth in this part of the deed.

16. What are ‘covenants’? What are the different types of covenants?
Covenant is an agreement between the parties. Almost every
document, whether a sale, lease or mortgage, must contain terms
by which the Parties bind themselves.
Express Covenant
Implied Covenant

17. What does the formal portion of a deed contain?

This part consists of the following components:
(a) Testimonium Clause;
(b) Signatures and Attestation; and
(c) Description of the property.

18. What does the ‘parcels’ or ‘demise’ part of a deed show?

The property is described in detail, accurately and correctly either at
the foot of the deed or in the schedules annexed to the deed. The
object of the description is to make the property easily identifiable.

19. What is ‘execution’ of a document?

When a person "executes" a document, he or she signs it with the
proper "formalities"

20. What is meant by ‘signature’? What is its effect?

A person's name written in a distinctive way as a form of
identification in authorizing a cheque or document or concluding a
letter.

21. What are the different modes of ‘signing’ a document?

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22. What is meant by ‘primary’ and ‘secondary’ evidences of contents

of a document?
According to Section 62 of the Indian Evidence Act, “Primary
evidence means the document itself produced for the inspection.
Section 63 of Indian Evidence Act, 1872 deals with Secondary
Evidence, Secondary evidence means and includes -

1. Certified copies given under the provisions hereinafter contained;

2. Copies made from the original by mechanical processes which in

themselves insure the accuracy of the copy and copies compared
with such copies;

3. Copies made from or compared with the original;

4. Counterparts of documents as against the parties who did not

execute them;

5. Oral accounts of the contents of a document given by some

person who has himself seen it.

23. What is meant by ‘multi-part’ document?

24. What is meant by ‘counter-part’ document?

25. What is ‘attestation’ of a document?

To attest a document means to authenticate the signature of the
executant of the document by putting down his own signature on it
as a witness to the execution.
Therefore this means two things:
1. Just because a person attests the document he does not become
a witness to the transaction made through that document.
2. The attesting witness should not be a party to the document.

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26. Who may attest a document?

The Person who is of major age, sound mind and is not prohibited by
law to enter into contracts.

27. Is it necessary that the attesting witness should see the execution of
document?
The witness must
 See the executant sign the document, or
 Receive from the executant a personal acknowledgement of
the signature.

28. What is the object of attestation of documents?

The object of attestation is to protect the executant from being
required to execute a document by the other party thereto by force,
fraud or undue influence.

29. What is an ‘electronic document’? Is it admissible in evidence?

When?
An electronic document is any electronic media content (other than
computer programs or system files) that are intended to be used in
either an electronic form or as printed output.
Sec. 65B(1): Notwithstanding anything contained in this Act,
any information contained in an electronic record -
• which is printed on a paper, stored, recorded or
• copied in optical or magnetic media
• produced by a computer
 shall be deemed to be also a document, if the conditions
mentioned in this section are satisfied
• in relation to the information and
• Computer in question and
 shall be admissible in any proceedings, without further proof
or production of the original,
 as evidence of any contents of the original or of any fact
stated therein of which direct evidence would be admissible.

30. What is a private document? What is a public document?

Section 74 of the Indian Evidence Act defines public documents:-
Documents forming the act or records of sovereign authority namely
Parliament, Legislative Assemblies, official bodies, tribunals, public
officers or any part of India or of Commonwealth or foreign country.

Section 75 says that all other documents other than public

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documents are private documents.

31. What is registration?

Recording; inserting in an official register; the act of making a list,
catalogue, schedule, or register, particularly of an official character,
or of making entries therein.

32. What are the subject-matter of registration under the Registration

Act?
Section 17 of the Registration Act provides that the following
documents must be registered
compulsorily.
1. Gift Deeds in respect of immovable properties.
2. Deeds transferring any immovable property of value of Rs. 100 or
more.
3. Any receipt acknowledging payment of consideration in respect of
such transfer.
4. Any lease deed if the lease is
(a) from year to year basis
(b) for more than one year
(c) reserves yearly rent,
5. Decrees having effect of transfer of immovable property of Rs.
100 or more.

33. What is the effect of registration of documents?

Registration of a document gives it legal sanctity. However, the
document comes into existence
not from the date of its registration but from the date of its
execution.

34. What is the effect of non-registration of documents?

If a document which must be registered compulsorily under section
17 of the Registration Act is not registered, it cannot be accepted in
evidence.

35. What is the object of registration of documents?

The object of registering a document is, firstly, to give notice to the
world that such a document has been executed, secondly, to
prevent fraud and forgery

36. What is a ‘property’?

Section 2(c) of the Benami Transactions (Prohibition) Act, 1988
defines property as:

“Property” means property of any kind, whether movable or

immovable, tangible or intangible, and includes any right or interest
in such property.

Section 2 (11) of the Sale of Good Act, 1930 defines property as:

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“Property” means the general property in goods, and not merely a
special property.

37. What is ‘ownership’?

According to Hibbert ownership includes four kinds of rights within
itself.

1. Right to use a thing

2. Right to exclude others from using the thing
3. Disposing of the thing
4. Right to destroy it.

38. What is ‘title’ to a property? What are title deeds? What is ‘flow of
title’?
Lawful Owner-Entity that has an enforceable case or title to an
advantage or property, and is perceived in that capacity by law.
a legal deed or document constituting evidence of a right, especially
to ownership of property.

39. What is ‘interest’?

A comprehensive term to describe any right, claim, or privilege that
an individual has toward real or Personal Property

40. What is ‘right’? What is ‘duty’?

Right is the capacity of a person to compel another person to do or
to abstain from doing an act. Therefore, if a person has a right there
must be another person having corresponding duty.
Duty is an obligation to do an act.

41. What is a ‘movable property’? What is an ‘immovable property’?

 Section 3 (36) of the General Clauses Act defines movable
property as:

'Movable property shall mean property of every description, except

immovable property."

Section 2 (9) of the Registration Act, 1908 defines property as:

'Moveable property' includes standing timber, growing crops and

grass, fruit upon and juice in trees, and property of every other
description, except immovable property."

 As per Section 3(26) of the General Clauses Act 1897,

"immovable property" "shall include land, benefits to arise out
of land and things attached to the earth, or permanently
fastened to anything attached to the earth". This definition of

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immovable property is also not exhaustive;

Section 2(6) of The Registration Act,1908 defines "Immovable
Property" as under:

"Immovable Property includes land, building, hereditary allowances,

rights to ways, lights, ferries, fisheries or any other benefit to arise
out of land, and things attached to the earth or permanently
fastened to anything which is attached to the earth but not standing
timber, growing crops nor grass".

According to Section 3 of TP Act, "Immovable Property" does not

include standing timber, growing crops or grass.

42. What is ‘corporeal’ property? What is the alternative term for

‘corporeal’ property?
Corporeal property is the right of ownership in material things. It is
property that can be seen and handled. For example, real estate or
personal property having a tangible form and structure, like a
building, equipment or vehicle. Tangilble property is an alternative
term.

43. What is ‘incorporeal’ property? What is the alternative term for it?
Incorporeal property is a legal right in property having no physical
existence. For example, patent rights, lease or mortgage. They have
value but lacks physical substance. Intangible Property.

44. What is ‘transfer of property’?

Sec 5 of TP Act defines “transfer of property” means an act by which
a living person conveys property, in present or in future, to one or
more other living persons, or to himself, 1[or to himself] and one or
more other living persons; and “to transfer property” is to perform
such act. 1[In this section “living person” includes a company or
association or body of individuals, whether incorporated or not.

45. What is the difference between partial and complete transfers of

property?

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46. What is ‘possession’? What is ‘custody’? What is the difference

between them?
The term possession expresses the physical relation of control
exercised by a person over a thing.
Pollock on the other hand has given a new meaning to the word
possession. He says that “in common speech a man is said to
possess or be in possession of anything which he has the apparent
control, or from the use of which he has the apparent power of
excluding others”.

47. What are the two types of possession?

Defacto and De jure Possession

48. What is delivery of possession?

DOP means delivering the physical possession or right to possess
the property.

49. How is delivery of possession of different types of properties

effected?

50. What is a ‘proposal’? What is ‘acceptance’?

According to Section 2(A) of the Indian Contracts Act, 1872,

When a person expresses his willingness to another person to do or
to abstain from doing something and also obtain the consent of such
expression, it is called an offer.

The Indian Contract Act 1872 defines acceptance in Section 2 (b) as

“When the person to whom the proposal has been made signifies his
assent thereto, the offer is said to be accepted. Thus the proposal
when accepted becomes a promise.”

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51. What is a ‘promise’?

when the person to whom the proposal is made signifies his assent
thereto, the proposal is said to be accepted. A proposal, when
accepted, becomes a promise.

52. What is an ‘agreement’?

The Indian Contract Act 1872, section 2(e), defines an agreements

as "every promise and every set of promises, forming the
consideration for each other is an agreement."

53. What is the difference between an ‘agreement’ and a ‘contract’?

Agreement is the arrangement between the parties which is not
enforceable by law.
The contract is the type of agreement which is legally binding. The
terms of the relationship between contract parties are clearly outlined,
rigid and formally specified.

54. What are the requirements of a valid contract?

Essentials of valid Contract

1. Offer and Acceptance

2. Intention to create a Legal relationship
3. Lawful Consideration
4. Competent parties
5. Free consent
6. Lawful Object
7. Not expressly declared void

55. What is meant by ‘parties to a contract’?

Section 11 of the Act states the criteria of parties competent to
contract, which is as follows:

 Must attain the age of majority an agreement with a minor is void

ab initio
 Person of sound mind-
 The person should not be disqualified by law

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56. Who is a ‘third party’? What is he otherwise called?

A third party beneficiary, in the law of contracts, is a person who
may have the right to sue on a contract, despite not having
originally been a party to the contract.

57. What is ‘privity’ of contract?

Legal doctrine that a contract confers rights and imposes liabilities
only on its contracting parties. They and not any third-party, can sue
each other (or be sued) under the terms of the contracts.

58. Can a stranger to a contract enforce it? What if he is a beneficiary

under it?
Under Indian contract Act 1872 exceptions to the doctrine of privity
of contract are contracts executed-
a. for natural love and affection
b. marriage partition and family disputes
c. time barred debt
d. trust, and
e. agency.

59. Who is an insane person?

A person who is mentally ill or is unable to think in a normal sensible
way unlike the normal persons is an insane person.

60. What are the two types of insanity?

61. Can a lunatic enter into contract?

Yes a lunatic can enter into a contract when he is of sound mind
during the lucid intervals.

62. Who is a minor?

A minor is one who has not attained the age of 18.

63. What is the effect of a minor’s contract?

The effect of a minor’s contract is void ab initio.

64. What happens if a minor makes a contract holding him out as

major?
The contract becomes void.

65. What is ‘quasi contract’?

A quasi contract is a legal agreement created by the courts between
two parties who did not have a previous obligation to each other.

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66. What is the difference between contractual and quasi contractual

liabilities?
The quasi-contracts differ from that of a contract which is generally
expressed as they contain each term in words whereas, in the latter,
the terms come into existence through the conduct of the
individuals. The express contracts are approved by individuals as a
matter of law both share equal interests with equal consequences
though the conditions are specified expressly whereas in the case of
quasi-contracts the law enforces obligations considering the conduct
of the individuals in order to prevent undue advantage to one
individual at the cost of another.

67. What are ‘necessaries’? How do they differ from ‘necessities’?

Necessaries are essentials required for subsistence or survival. It
includes all that is reasonably needed for maintaining a certain
lifestyle.

68. What is ‘consideration’ for a promise? What is quid pro quo?

Consideration is an act in retrun for a promise.
Quid pro quo- Something in return.

69. Is it necessary in law that consideration should be adequate?

No it is not necessary in law that consideration to be adequate.

70. What is ‘privity of consideration’? Is it necessary under the Indian

law?
The doctrine of privity of consideration states that the consideration
must only move from the promisee and the stranger to the contract,
although a beneficiary can enforce the terms of the agreement.

71. What is ‘object’ of a contract?

The object of a contract must be lawful when the contract is made,
and possible and ascertainable by the time the contract is to be
performed.

72. When do you say that a consideration or object is ‘not lawful’?

The consideration or object of an agreement is lawful, unless -

It is forbidden by law; or
is of such nature that, if permitted it would defeat the provision of
any law or is fraudulent; or
involves or implies, injury to the person or property of another; or
the Court regards it as immoral, or opposed to public policy.

73. When is a consent said to be ‘ad idem’?

When the two contracting parties agree upon the same thing in
same sense.

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74. When is consent said to be ‘free’?

ccording to section 14 of the Indian Contract Act, 1872, consent is
said to be free when it is not caused by-

1) Coercion– as defined in section 15

2) Undue Influence -as defined in section 16
3) Fraud – as defined in section 17
4) Misrepresentation- as defined in section 18;or
5) Mistake– subject to the provisions of section 20,21,22

75. What is ‘coercion’? Does threat of self-immolation amount to

coercion?
According to section 15 of the Indian Contracts Act,1872 coercion is
–

Committing or threatening to commit any act forbidden by the

Indian Penal code.
The Unlawful threatening or unlawful detaining of any property to
the prejudice of any person.

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76. What is uberrimae fedie? What is undue influence?

Uberrimae fidei or "uberrima fides" literally means "utmost good
faith" in Latin.
A contract is said to be induced by "undue influence" where the
relations subsisting between the parties are such that one of the
parties is in a position to dominate the will of the other and uses
that position to obtain an unfair advantage over the other.

77. What is ‘representation’?

The action or speaking or acting on behalf of someone or the state
of being so represented.

78. What is ‘misrepresentation’?

A misrepresentation is a false statement of a material fact made by
one party which affects the other party's decision in agreeing to a
contract.

79. What are the three types of ‘misrepresentation’?

Fraudulent, negligent and innocent.

80. How does fraud differ from misrepresentation?

‘Fraud‘ means a willful misrepresentation of a material fact while
‘Misrepresentation‘ means a bona fide representation which is false.
The former is an untrue statement given by one party that induces
other party to enter to the contract, whereas the latter is the
statement of fact, made by one party, believing that it is true, then
this is innocent misrepresentation.

81. What is ‘mistake? What are the two types of mistake?

Mutual mistake
Unilateral mistake

82. What are the two types of mistake of fact?

Bilateral and unilateral

83. What is the difference between a ‘void agreement’ and a ‘voidable

contract’?
Void agreement – Not enforceable by law.
Voidable - Agreement enforceable by law at the option of one or
more aggrieved property.

84. What is ‘novation’?

If parties to a contract agree to substitute a new contract to it or
alter it, the original contract need not be performed.

85. What is ‘quantum meruit’?

Means what one has earned

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reasonable sum of money to be paid for service rendered.

86. What are the essential requirements of a valid transfer of property?

a. Competent parties
Tranferor
Transferee
b. Tranferable Property
c. Lawful consideration
d. Lawful object
e. Free consent
f. Formalities

87. Who may transfer a property?

 Owner
 Authorised person – who is competent to enter into contract
can transfer.

88. What property may be transferred?

Sec 6 property of any kind may be transferred.

89. What is the meaning of ‘lis pendens’? What is the rule of ‘lis
pendens’?
Sec 52 of TP act Transfer during pending litigation. This doctrine
puts
Restriction on the transfer of property.

90. What is ‘fraudulent transfer’? What is its validity?

With intent defeat or delay the creditors of the transfer.
Validity- it shall be voidable at the option of the creditor so defeated
or delayed.

91. Who is a ‘bona fide purchaser for value’?

One who purchases property for a valuable consideration that is
inducement for entering into contract and without suspicion of being
defrauded or deceived by the seller.

92. What is ‘agreement of sale’?

93. Who are parties to an agreement of sale?

Buyer and seller

94. What are the alternative terms for parties to a sale?

Vendor and vendee

95. Can a minor be a purchaser?

NO

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96. Which law governs agreement of sale?
Sale of Goods Act, 1930
97. What is ‘sale’ of property?
Sale is a transfer of property for a price.

98. What is ‘price’?

The money consideration for transfer of property

99. Which law governs sale of property?

Transfer Of property 1882

100. What is the main difference between agreement of sale and sale?

AOS- No transfer of property

Sale- Transfer of property

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101. What are the other differences between agreement of sale and sale?

102. How is a sale made?

Sale in respect of movable property can be made by delivering the
possession of goods for agreed consideration

103. Is it necessary that all sales be in writing?

No

104. What happens if purchaser does not sign the sale deed?
Deed cannot be executed

105. Is attestation of a sale deed in respect of immovable property

mandatory?
No

106. What is ‘exchange’? How does it differ from ‘sale’?

When two or more persons mutually transfer the ownership of one
thing for the ownership of another thing. Neither thing being money
only. It is called exchange.
Sale – consideration in money only
Exchange- it may be any property

107. What is the nature of transfer of a house for Rs. 5 lakhs and a land?
Exhchange

108. What is a ‘gift’?

Transfer of immovable or movable property voluntarily without
consideration by on person to another person

109. What are the parties to a gift known as?

Donor and Donee

110. Can a minor be a donee?

Yes

111. What happens if donee does not sign the gift deed?
Donee not signing the deed may not invalidate the deed.

112. Is attestation of gift deed compulsory?

Yes

113. Is registration of gift deed compulsory?

Yes

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114. Can a gift be made orally?
yes

115. Can a gift of an immovable property be made orally? By whom?

Yes – by muslims

116. How is an oral gift completed?

By delivery of possession of the Property to be gifted

117. If Muslims want to execute a gift deed, is registration of such deed

compulsory?
Yes

118. Is there any way to have a record of oral gift without registration?
Yes Memorandum of oral gift can be made to have a record of oral
gift without registration.

119. What is the difference between a gift deed and a memorandum of

oral gift?

120. Why does gift deed require registration while memorandum of oral
gift does not?

121. In what tense should a gift deed be written?

Present tense only

122. In what tense should a memorandum of oral gift be written?

Past tense

123. What is ‘lease’?

Transfer of property wherein in person transfers the right to
possess and enjoy the property for a specific time with the
consideration in the form of premium or rent.

124. What are known as five Ps in relation to lease?

Parties property premium possession period.

125. How is it a transfer of property?

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126. Who are the parties to a lease?

Lessor and lessee

127. What are the alternative terms for parties to a lease?

Landlord and tenant

128. Can a lessee be minor?

No

129. Is lessee’s signature on lease deed compulsory?

Yes

130. What is the consideration for lease?

Rent or premium

131. What is the property transferred by lessor to the lessee?

Leasehold rights

132. What is the property left with the lessor after the lease?
Ownership rights

133. What kind of property is leasehold rights?

Personal property

134. Who is the owner of leasehold rights?

Lessee

135. Can lessee alienate leasehold rights?

Yes he can

136. What is the effect of sale or gift of leasehold rights by the lessee?

137. What is the effect of exchange of leasehold rights by the lessee?

138. What is the effect of lease of leasehold rights by the lessee?

The lessee becomes the lessor of the leasehold rights.

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139. What is such lease called? What is the lessee of the lessee called?
Sub-lease. Lessee is called as sub-lessee.

140. Can alienation of leasehold rights by lessee be prohibited? How?

Yes the alienation can be prohibited by the lessor, By adding a
clause for restraining alienation of leasehold rights in the lease
Deed.

141. Can lessor sell the property during the subsistence of lease?

142. What is the effect of sale of property by the lesser during the
subsistence of lease?

143. Can the lessor terminate lease before the efflux of time? How?
Yes, the lessor can add a clause in lease deed for termination of the
lease saying that – the lease shall terminate after 30 days’ notice to
the lessee.

144. Can the lessee terminate lease before the efflux of time?

145. What is a ‘tenancy-at-will’?

Tenancy-at-will is a property tenure that can be terminated at any
time by either the tenant or the owner or landlord. It exists without
a contract or lease and usually does not specify the length of a
tenant's duration or the exchange of payment.

146. What happens if lessor or lessee or both of them die during the
lease period?
If lessor dies the tenancy does not end. It becomes part of the
landlord’s estate, just like the landlord’s other assets and after
Probate has been granted it then passes to the landlord’s
beneficiary/beneficiaries who will become the new landlords.

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147. What are the different modes of determination of lease?

A lease of immovable property determines-

(a) by efflux of the time limited thereby,

(b) where such time is limited conditionally on the happening of some

event-by the happening of such event,

(c) where the interest of the lessor in the property terminates on, or his
power to dispose of the same extends only to, the happening of any
event-by the happening of such event,

(d) in case the interests of the lessee and the lessor in the whole of the
property become vested at the same time in one person in the same right,

(e) by express surrender, that is to say, in case the lessee yields up his
interest under the lease to the lessor, by mutual agreement between
them,

(f) by implied surrender,

(g) by forfeiture; that is to say, (1) in case the lessee breaks an express
condition which provides that, on breach thereof, the lessor may re-enter;
or (2) in case the lessee renounces his character as such by setting up a
title in a third person or by claiming title in himself; or (3) the lessee is
adjudicated an insolvent and the lease provides that the lessor may re-
enter on the happening of such event; and in any of these cases the lessor
or his transferee gives notice in writing to the lessee of his intention to
determine the lease,

(h) on the expiration of a notice to determine the lease, or to quit, or of

intention to quit, the property leased, duly given by one party to the
other.

148. What happens if the tenant continues in possession after the

termination of lease?

149. Who is a tenant holding over?

Tenant holding over means a tenant holding over tenancy at will.

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150. Who is a tenat-at-sufferance?
a tenant continuing in possession of a property after the
determination of lease without the consent of the landlord

151. What is licence? Which law is applicable to it?

Sec 52 of Indian Easements Act, A licence is a personal right
granted to a person to do something upon immovable property of
the grantor and does not amount to the creation of interest in the
property itself. It is purely a permissive right and is personal to the
grantee.
Indian Easements Act 1882

152. What is the main difference between lease and licence of a

property?
A lease is a transfer of an interest in a specific immovable property,
while licence is a bare permission, without any transfer of an
interest.

153. Between lessor and licensor, whose position is better?

Lessor.

154. Between lessee and licensee, whose position is better?

licensee

155. What is ‘mortgage’?

Mortgage is a transfer of interest in a specific immovable property
for the purpose of securing
1. the payment of money advanced or to be advanced by way of
debt,
2. an existing or future debt, or
3. the performance of an engagement which may give rise to a
pecuniary liability.

156. Who are the parties to mortgage?

Mortgagor & Mortgagee

157. Can a mortgagee be minor?

No

158. What is the consideration for mortgage?

Mortgage Money

159. What is a ‘debt’? What is a ‘loan’? What is the difference between

debt and loan?

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160. How many types of mortgage are there? Which are they?
Types of Mortgage
1. Simple Mortgage
2. Mortgage by Conditional Sale
3. Usufructuary Mortgage
4. English Mortgage
5. Equitable Mortgage (Mortgage by Deposit of Title Deeds)
6. Anomalous Mortgage

161. What is an ‘anomalous mortgage’?

Anomalous mortgage which does not fall under any of the above
mortgage.

162. What is the main right of a mortgagor?

1. to redeem
2. to inspection and production of documents
3. to lease mortgaged property

163. What is a ‘clog on redemption’?

Redemption being a valuable right of the mortgagor, it cannot be
defeated by making it subject to impossible conditions. Very difficult
conditions are treated as impossible conditions for this
purpose.

164. Can the same property be mortgaged successively with several

mortgagees?
yes

165. What is the relationship between such several mortgagees?

166. What is the meaning of ‘redeem up, foreclose down’?

If A mortgages the property X to B, C, D, and E successively, C has
the right to redeem B, D has the right to redeem B or C or both, E
has the right to redeem any or all of the prior mortgages. On the
other hand, D can foreclose E, C can foreclose D or E or both, and B
can foreclose any or all of the subsequent mortgages.

167. What is meant by ‘marshalling of securities’?

When the owner of two or more properties mortgages them to one
person and then mortgaegs one or more to another person, the
subsequent mortgagee is entitled to have the prior mortgage debt
satisfied out of the property or properties not mortgaged to him.

168. Is attestation of a mortgage deed compulsory?

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YES

169. Is registration of a mortgage deed compulsory? Is there any

exception? Why?

170. What is ‘simple mortgage’?

Section 58(b)- Where, without delivering possession of the
mortgaged property, the mortgagor binds himself personally to pay
the mortgage money, and agrees, expressly or impliedly, that, in
the event of his failing to pay according to his contract, the
mortgagee shall have a right to cause the mortgaged property to be
sold and the proceeds of sale to be applied, so far as may be
necessary, in payment of the mortgage-money, the transaction is
called a ‘simple mortgage’ and the mortgagee a ‘simple
mortgagee’.

171. Who has the possession of mortgage property in a simple

mortgage’?
Mortgagor

172. What is the nature of liability of a mortgagor in a simple mortgage’?

Personal

173. What is the remedy available to the mortgagee in a simple

mortgage’?
Sale through Court

174. How is a debt secured by simple mortgage better than an unsecured

debt?

175. What is ‘mortgage by conditional sale’?

Section 58(c).- Where, the mortgagor ostensibly sells the mortgaged
property-
 on condition that on default of payment of the mortgage
money on a certain date the sale shall become absolute, or
 on condition that on such payment being made the sale shall
become void, or
 on condition that on such payment being made the buyer shall
transfer the property to the seller,
the transaction is called ‘mortgage by conditional sale’
and the mortgagee a ‘mortgagee by conditional sale’ Provided
that no such transaction shall be deemed to be a mortgage, unless
the condition is embodied in the document which effects or purports
to effect the sale.

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176. What is a ‘sale with condition of resale’?

177. How does mortgage by conditional sale differ from sale with
condition of resale?

178. Who has the possession of mortgage property in a mortgage by

conditional sale?
Mortgagee

179. What is the nature of liability of a mortgagor in a mortgage by

conditional sale?
Proprietary

180. What is the remedy available to the mortgagee in a mortgage by

conditional sale?
Foreclosure

181. What if the mortgagor does not repay the loan before the
designated date?
The sale becomes absolute.

182. What is meant by ‘once a mortgage, always a mortgage’?

The maxim 'once a mortgage always a mortgage' means that there
can no agreement that modifies the character of the mortgage
agreed between the parties that would stop the mortgagor to
redeem his property back on payment of the principal and
respective interests.

183. What is ‘foreclosure of mortgage’? Which type of mortgage be

foreclosed?
Mortgage foreclosure simply means the deed can only be foreclosed
through court action. Mortgage foreclosure is usually referred to as
a judicial foreclosure.

184. What is ‘Usufructuary mortgage’? Who is liable to repay the debt in

that case?
Where the mortgagor delivers possession or expressly or by
implication binds himself to deliver possession of the mortgaged
property to the mortgagee, and authorizes him to retain such
possession until payment of the mortgage-money, and to receive

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the rents and profits accruing from the property or any part of such
rents and profits and to appropriate the same in lieu of interest, or
in payment of the mortgage-money, or partly in lieu of interest or
partly in payment of the mortgage money, the transaction called an
Usufructuary mortgage and the mortgagee an Usufructuary
mortgagee.

185. Who has the possession of mortgage property in a Usufructuary

mortgage?
Mortgagee

186. What is the nature of liability of a mortgagor in a usufructuary

mortgage?
Proprietary

187. What is the remedy available to a usufructuary mortgagee?

Income for the delivery of property

188. What is ‘English mortgage’? How does it differ from ‘simple

mortgage’?
Section 58 (e)- Where the mortgagor binds himself to repay the
mortgage-money on a certain date, and transfers the mortgaged
property absolutely to the mortgagee, but subject to a proviso that
he will re- transfer it to the mortgagor upon payment of the
mortgage-money as agreed, the transaction is called an English
mortgage.
No delivery of possession in English Mortgage whereas there is
delivery of possessiom in Simple Mortgage.

189. Who has the possession of mortgage property in an English

mortgage?
Mortgagee

190. What is the nature of liability of a mortgagor in an English

mortgage?
Personal

191. What is the remedy available to an English mortgagee?

Sale out of court

192. What is ‘equitable mortgage’?

“Equitable Mortgage”, as opposed to a ‘legal mortgage’ because in
this type of mortgage, there is simply a deposit of documents of title
without anything more, without writing or without any other
formalities.

193. Who has the possession of mortgage property in an equitable

mortgage?
Mortgagor

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194. What is the nature of liability of a mortgagor in an equitable

mortgage?
Personal

195. What is the remedy available to an equitable mortgagee?

Sale through court.

196. What is a ‘charge’? How does it differ from mortgage?

Where immoveable property of one person is by act of parties or
operation of law made security for the payment of money to
another, and the transaction does not amount to a mortgage, the
latter person is said to have a charge on the property; and all the
provisions hereinbefore contained which apply to a simple mortgage
shall, so far as may be, apply to such charge.
Nothing in this section applies to the charge of a trustee on
the trust property for expenses properly incurred in the execution of
his trust, and, save as otherwise expressly provided by any law for
the time being in force, no charge shall be enforced against any
property in the hands of a person to whom such property has been
transferred for consideration and without notice of the charge.

197. How is a charge created?

Charge is created by operation of law.

198. What is the effect of charge on a property?

the transaction does not amount to a mortgage, the latter person is
said to have a charge on the property; and all the provisions
hereinbefore contained which apply to a simple mortgage shall, so
far as may be, apply to such charge.

199. What is a ‘floating charge’? When does it become a ‘fixed charge’?

A charge taken over all the assets or a class of assets owned by a
company or a limited liability partnership from time to time as
security for borrowings or other indebtedness.

200. What is ‘pledge’? What is the alternative term for a pledge?

As per section 172 of the Indian Contract Act, 1872, a Pledge is a
contract where a person deposits an article or good with a lender of
money as security for the repayment of a loan or performance of a
promise. Pledge is also known as a Pawn.

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201. Who are parties to a pledge?

Pawnee and Pawnor

202. What is ‘bailment’?

Section 148 of Indian Contract Act 1872 defines 'Bailment' as the
delivery of goods by one person to another for some purpose, upon
a contract that they shall, when the purpose is accomplished, be
returned or otherwise disposed of according to the direction of the
person delivering them.

203. Who are the parties to a bailment?

Bailor and Bailee

204. What is ‘partition of properties’?

Partition of properties is putting an end to the joint ownership.

205. What is ‘joint tenancy’?

Joint tenancy is a legal arrangement in which two or more people
own a property together, each with equal rights and obligations.
They have no definite interest in the property and none of them can
transfer his share and on his death his interest in the property does
not devolve on his heirs but goes to the other survivors.

206. What is ‘tenancy-in-common’?

When two or more persons get a property by transfer or inheritance
they become tenants-incommon.
They have unity of
(a) commencement of title; and
(b) possession.
They have definite interest in the property and therefore, can
transfer their shares though undivided. On the death of a tenant-in-
common, his share goes to his legal heirs.

207. Can there be oral partition of HUF properties?

Partition of the Hindu Joint Family properties may be made either
orally or in writing.

208. Is registration of partition deed compulsory? Why?

If the partition is in writing, it must be registered compulsorily.

209. Can a partition be recorded in writing without requirement of

registration? How?

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210. What is a firm? What is partnership?
The persons who have entered into partnership agreement with
each other are individually called partners and are collectively
called firm. The name under which their business is carried out is
called the firm name.

211. What are the different types of partnerships in India? How do they
differ?
Partneship Firm
Limited Liability Partnership

212. What are the requirements of a valid partition?

213. Is it compulsory to register a partnership deed?

No it is not compulsory in law to register a partnership Deed.

214. What is the effect of non-registration of a partnership deed?

The Deed cannot enforceable by law. A firm must be registered
under sec. 58 of the Partnership Act otherwise sec. 69 of the said
Act
bars a suit filed between the partners or against a third party.

215. What is ‘power of attorney’?

Power of attorney is a document whereby one or more persons
authorise, empower and constitute another person to act, do and
perform any act or acts which they are entitled to do, on their
behalf. The person who gives the authority is called the principal,
and the person to whom the authority is given is called the attorney.

216. What are the different types of powers of attorney?

A power of attorney may be a general power of attorney or a special
power of attorney

217. What is ‘agency’?

Agency signifies a relationship, which exists where one person has
an authority to act on behalf of another occupying the position of

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DPC Question Bank 37

principal, to create legal relationship between him and third parties.

218. Who are the parties to an agency?

Principal and Agent

219. How does an agency come into existence?

Though a contract

220. What is ‘ratification’?

The doctrine of ratification comes into play when a person has done
an act on behalf of another without his knowledge or consent. ...
Therefore ratification is a kind of affirmation of unauthorised acts. It
is thus explained in section 196 of Indian Contract Act 1872 and in
other section.

221. When is agent personally liable under a contract made by him for
his principal?
An agent will be liable on contracts made in a personal capacity—for
instance, when the agent personally guarantees repayment of a
debt.

222. What is ‘holding out’? What is ‘agency by holding out’?

Holding out means conduct by a person leading another to believe
that he possesses an authority that in reality he does not.
In the case of agency by estoppel, the role of the principal is passive
while is the case of agency by holding out, the role of the principal is
rather active and somewhat affirmative or positive.

223. Who is an undisclosed principal?

An undisclosed principal is a person who uses an agent for
negotiations with a third party who has no knowledge of the identity
of the agent's principal. Often in such situations, the agent pretends
to be acting for himself or herself.

224. What is acquiescence? Can there be agency by acquiescence?

The definition of acquiescence is the act of agreeing to something
by being silent.

225. How is an agency terminated?

By act or agreement between the parties; or
By operation of law.

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226. What is ‘ultra visres’? What is ‘scope of agency’?

An act done beyond authority of the authorized act
An agent can only act on behalf of a principal for certain issues
(depending on the agreement)

227. What is an ‘affidavit’?

A sworn Statement

228. What is the person who makes an affidavit called?

Deponent or an Affiant

229. Who may swear to an affidavit?

Deponent

230. Before whom is an affidavit sworn to?

Before a Magistrate either executive or judiciary.

231. What is the status of an affidavit?

232. When is an affidavit treated as oral evidence?

233. When is an affidavit a documentary evidence?

234. On what type of paper is an affidavit made?

All affidavits are verified statements and printed on Stamp papers of
different denominations.

235. What are the two types of stamp papers? What are their uses?
Judicial and non-judicial

236. What is a notice?

Giving knowledge of information.

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DPC Question Bank 21

237. What are the three main types of notices?
Ordinary, Legal and statutory.

238. What is a reply notice? To whom is it addressed?

Reply Notice means a notice from any party hereto receiving an
Offering Notice stating whether such party accepts or rejects the
offer made by an Offering Notice.

239. What is actual notice? What is the other type of notice?

When a notice is personally to someone is called as actual notice.
Constructive notice and statutory notice.

240. What are the different ways in which a person may have
constructive notice?
Service on an agent or family member, service by posting (on the
front door), and service by publication (as in a newspaper).

241. What is adoption?

Adoption is creation of legal relationship of parent and child
between the parties where no such natural relationship exists.

242. Under which law a child may be adopted?

It is recognised by Hindus, Buddhists, Sikhs and Jains, but not by
Muslims, Christians, Parsis and Jews. Now it is governed by Hindu
Adoptions and Maintenance Act, 1956.

243. Who may be adopted?

The person being adopted is capable of being taken in adoption
(sec. 10).
(a) He/she must be a Hindu.
(b) He/she should not have been already adopted.
(c) He/she should not have been married (except where there is a
custom to the contrary).
(d) He/she should not have completed the age of 15 (except where
there is a custom to the
contrary).

244. Who may adopt a child?

The person adopting must have capacity and right to adopt (secs. 7,
8 and 11).
Capacity of Male Hindu to Adopt (sec. 7)
(a) He must be of sound mind.
(b) He must be major.
(c) If he has a wife living, her consent must be obtained,
except where she
(i) has renounced the world
(ii) has ceased to be a Hindu
(iii) is of unsound mind

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Capacity of Female Hindu to Adopt (sec. 8)
(a) She should be of sound mind.
(b) She must be major.
(c) (i) She should not be married, or
(ii) If she is married,
(a) her marriage should have been dissolved, or
(b) her husband
(i) has renounced the world
(ii) has ceased to be a Hindu
(iii) is of unsound mind
Further conditions as to capacity of a Hindu male or female
are given under sec. 11.
(a) He/she should not have
(i) a Hindu son, son's son or son's son's son (by legitimate blood
relationship or by
adoption) living, if the adoptive child is male.
(ii) a Hindu daughter or son's daughter (by legitimate blood
relationship or by
adoption) living, if the adoptive child is male.
(b) If the person adopting is male and the child is female, the
adoptive father must be at least
21 years older than the child,
and if the person adopting is female and the child is male, the
adoptive mother must be at
least 21 years older than the child.

245. Who may give a child in adoption?

The person giving in adoption has the capacity to do so (sec. 9).
(a) He/she must be the father/mother or guardian of the adoptive
child.
(b) If the father of the child is alive only he can give the child in
adoption. If the mother of the child is also alive, her consent is
necessary, except where she
(i) has renounced the world
(ii) has ceased to be a Hindu
(iii) is of unsound mind
(c) Mother may give in adoption only if the father is dead or he
(i) has renounced the world
(ii) has ceased to be a Hindu
(iii) is of unsound mind

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DPC Question Bank 23

(d) Where both parents are dead or are of unsound mind, guardian
(testamentary or
certificated) can give the child in adoption with the prior permission
of the Court.

246. What are the necessary formalities for adoption?

The adoptive child must be actually given and taken in adoption.
Under the Old Hindu Law an orphan could not be adopted. Under
the present law, an orphan may be given in adoption by guardian.
Adoption once made cannot be revoked.

247. What is acknowledgement of paternity?

An Acknowledgement of Paternity (AOP) is a legal document in
which a child’s father is identified by the unmarried mother and
father.

248. Who may acknowledge a child as his legitimate child?

A father of the child may acknowledge a child as his legitimate child.

249. When can a child not be acknowledged as legitimate child of

acknowledger?
Legitimacy is the status of a child born during the continuance of a
valid marriage between the mother and any man, or within 280
days after its dissolution if the mother remains unmarried, unless
it is shown that the parties to the marriage had no access to each
other at any time when the child could have been conceived, his
birth is treated as a conclusive proof of being legitimate

250. What are the differences between adoption and acknowledgement?

The material difference between the two can be stated that in
adoption, the adoptee is the known son of another person, while one
of the essentials of acknowledgement is that the acknowledgee
must not be known son of another.

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