Legal quiz

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

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

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

Answer for Quiz 2 : Prohibition and Mandamus.

I GO WITH SUCHITRA

Hello Suchitra, that was excellent.

Dear Friends,

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

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

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

Absolutely correct Suchitra !

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

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

Answer for quiz no.3 :

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

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

Q. 5.

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

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

a) Constitution of India

b) Cr.PC

c) IPC

d) General clauses Act

Kindly reffer the section also.

Answer for quiz no. 5

d) S.26 of  General Clauses Act.

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

Q. 6.

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

  accuseds  as under :

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

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

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

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