CS EXECUTIVE SOLVED PAPER GCL GENERAL AND ... - cs notes

CS EXECUTIVE SOLVED PAPER
GCL
Electronic record means "data, recorded or data generated, image or sound stored, received or
sent in an electronic form or microfilm or computer generated micro fiche". [Section 2(1 )(t)]
2010 - Dec [4] (c) What are ‘cyber offences’ under the Information Technology Act, 2000 (5
marks)
Answer :
Please Refer 2010 - June [2] (iii) on page no. 176
Chapter - 8 : The Code of Civil Procedure, 1908 (C.P.C)
2010 - Dec [3] Distinguish between the following :
(iv) ‘Set-off’ and ‘counter-claim’.
Answer :Please Refer 2008 - Dec [4] (ii) on page no. 187
(4 marks)
2010 - Dec [7] (c) Ram and Shyam sell rice for Rs. 25,000 to Sohan and Mohan. Sohan sells
cloth worth Rs. 28,000 to Shyam. Sohan files a suit against Shyam for recovery of price of cloth.
Shyam claims set-off of the cost of rice in this suit. Will he succeed (5 marks)
Answer : ‘Set off’ means a settlement where both the plaintiff and the defendant have some claims
to be collected from each other. What one party owes to another might be used to discharge all or a
part of the debt he is owed by the other party.
In the given case, Sohan is the plaintiff while Shyam is the defendant. The amount of which
set-off is claimed by the defendant Shyam is not recoverable from Mohan, who is jointly liable
with Sohan to pay it. Mohan is not party to this suit.
In view of the factual situation, Shyam will not be allowed set-off of the amount claimed by him,
as set off is allowed only against those parties which are jointly liable in the first place.
Chapter - 9 : The Code of Criminal Procedure, 1973
2010 - Dec [7] (a) A magistrate of the first class passed a sentence of imprisonment for a term
of three years with a fine of Rs. 4,000 and in lieu of non-payment thereof an additional
imprisonment for another one year. Has the aggrieved person any right to appeal against this
sentence (6 marks)
Answer :
Section 29 of the Code of Criminal Procedure, 1973 specifies the sentencing powers of
Magistrates. So far as the Magistrate of the first class is concerned, as per Section 29 of the
Code, a Magistrate of the first class may pass a sentence of imprisonment for a term not
exceeding three years or of a fine not exceeding five thousand rupees or of both.
Section 30 of the Code specifies the limits of Magistrate's powers. It provides that the Court of
a Magistrate may award such term of imprisonment in default of payment of fine as is authorised
by law provided the that the term:
(i) is not in excess of the powers of the Magistrate under Section 29; and
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