Questions and Answers on law Part 32

 

Q 1:- What is the difference between lease agreement and rent agreement?

Ans:- lease agreement is made according to transfer of property Act whereas rent agreement is made according to Rent Control Act.

Q 2:- If application under order 9 rule 13 of CPC is allowed and suit is restored after setting aside exparte decree.What is the remedy against this order?

Ans:- No right of provided u/o 43r.1of CPC.Only remedy available is Revision u/s115 of CPC  before HC.

Q 3:- Whether sentence of fine can be suspended?

There is no specific provision for suspension of sentence of fine.But accused can be granted time to deposit fine under above mentioned provisions.

If sentence is only fine and in default imprisonment...then S. 424 of Cr.P.C.

Section 424 in The Code Of Criminal Procedure, 1973

424. Suspension of execution of sentence of imprisonment.

(1) When an offender has been sentenced to fine only and to imprisonment in default of payment of the fine, and the fine is not paid forthwith, the Court may-

(a) order that the fine shall be payable either in full on or before a date not more than thirty days from the date of the order, or in two or three instalments, of which the first shall be payable on or before a date not more than thirty days from the date of the order and the other or others at an interval or at intervals, as the case may be, of not more than thirty days;

(b) suspend the execution of the sentence of imprisonment and release the offender, on the execution by the offender of a bond, with or without sureties, as the Court thinks fit, conditioned for his appearance before the Court on the date or dates on or before which payment of the fine or the instalments thereof, as the case may be, is to be made; and if the amount of the fine or of any instalment, as the case may be, is not realised on or before the latest date on which it is payable under the order, the Court may direct the sentence of imprisonment to be carried into execution at once.

If sentence is of imprisonment and fine...S.389 shall apply.

389. Suspension of sentence pending the appeal; release of appellant on bail.

(1) Pending any appeal by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail, or on his own bond.

Q 4:- Whether govt or collector is necessary party in suit for declaration of civil death?

Ans:- The next question is about absence of any defendant in the array of the suit. It is true that the appellant did not array any defendant in the suit, perhaps because there was no objection from anybody or any family members even pursuant to the public notice that was issued by the Civil Court itself. Nevertheless, in my opinion, the appellants should have made the State of Maharashtra, through Collector, Nagpur as party-defendant to the Suit, since in such an eventuality, it is the State, which cares for the interest of its people and, therefore, the Court may take the assistance of the State, for finding out the truth. This Court, therefore, allowed the appellants to add Collector as defendant in this Second Appeal, which is in continuation of the Suit and, therefore, an effective decree can always be passed.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 BENCH AT NAGPUR, NAGPUR.

SECOND APPEAL NO.  18/2016

 Sou. Swati   Abhay Deshmukh  v  Shri  Abhay   s/o Purushottam Deshmukh

 CORAM :     A.B.CHAUDHARI, J.
DATED :     26th  February, 2016

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